Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-02-18
SCHWARZ DRIVER
IS ARRESTED BY
HEALTH OFFICER
to Remove Dead Horse
Brings Test of City Per-
NIT Question.

Rufus Lott. a negro thirty Eight
years old, of 1876 Newark street. was
arrested in Eighth avenue today. At
the time he was attempting to remove
a dead horse in a wagon owned by
Schwarz Brothers. of Kearny. The
arrest was made at the direction of
David B. Chandler health officer, who
yesterday Threatened action if the
Kearny concern attempted to carry
away dead animals from this city
without obtaining permits
Lott was held in $500 bail for as
sault and battery by Acting Judge
Oehring in the Second Precinct Court.
The charge of assault was made by
inspectors of the Board of Health.
who alleged the driver struck them
with his whip when they attempted
to arrest him.
Eugene J. Schwarz. president and
general manager of the Schwarz
Bros. Co. went to the Second pre-
einct at noon and announced his con-
Germ would make test case of the
arrest of the driver. He said he
would use the opportunity to bring
the question of the legality of the
Board of Health ordinance before the
courts. He also said he would start
suit against the health officers who
made the arrest, for holding up his
property in the public street. He de-
clined to furnish bail for the driver
on the assault charge.
Lott was stopped by Clarence
Palmer and Charles Ball, board of
health inspectors, when driving along
Eighth avenue today. Palmer was
i'm uniform Ball was not.
What have you in that wagon?''
they asked
"A dead horse, replied the driver.
"EHave you a permit to remove it ?''
No. was the answer.
We'll have to arrest you then"
the health officers said
When Lott heard this, the officers
said in court, he informed them ne
would not submit to arrest. SO
Palmer attempted to climb up on the
wagon.
As the officer placed his foot on
theh ub of one of the wheels, Lott is
alleged to have drawn heavy whip
from the socket and TO have struck
Palmer several times on the back.
Ball went to the aid of his compan-
ion and lively fight ensued.
Finally, Patrolmen McGrath and
Schwarz, of the Second precinct, ar
rived and the driver was overpowered
He was taken to the Second precinct
ana LOCKED up. w utU SedfCH, LOU
was found to have a loaded revolver
in his pocket. He had a permit tc
carry the weapon, issued in Kearny
This, however, does not permit him tc
| carry the weapon in this city.
| When arraigned before Acting
Judge toehripg, Lott said heaEot ths
1 dead Horse In Paz5saic street, He Saic
| he had no permit to remove II and dic
! not know one was necessary here
| He had merely A.een ordered to re-
move the animalA he said. and had
done what his employers had told him.
He resisted the hallh officers attempt
to arrest him, he said, because he had
never before been halted WIN driving
through the Newark streets with dead
animals, and did not know the inspec-
tors had power to make arrests.
Palmer and Ball asked Acting
Judge Oehring TO hold the driver for
violation of the Board of Health
ordinance. This the court declined
to do. saying it was the first case of
the sort that had come before him,
and that it would be better to re-
ceive legal advice before acting on
the complaint. He held the negro,
however for assault and battery, and
announced he would ask a represent
ative of the city law department to
appear in court tomorrow, when a
charge of removing a dead animal
without a permit will be made against
Lott.
Acting Judge Oehring also declined
to hold Lott for carrying concealed
weapons.