Perth Amboy evening news., 1918-11-12
MODERN OWNER
DEF|ES ORDER
Manager and Attorney for Un-
sanitary Restaurant Say
Health Bd. Has no Power
CHANCERY COURT APPEAL
WilIsey Meets Def at Hands
of Manager of Place Found to
be In Filthy Condition
CHANCERY COURT APPEAL

Health oficer william J. Willsey is-
sued a warrant yesterday for the
closing of the Modern restaurant own
ed by Bertha Bloyen and managed py
George Bloyan and for the lunch
wagon at 220 Smith street. owned by
chris Pannos and Company and man
aged by Pannos himself.
Health Inspector A. ~. Cleaver serv-
ed the warrant on Pannos. who agreed
to close the wagon without any trou-
BILE, but when Cleaver served the war.
rant on Bloyen. the manager refused
to close the place, on the ground that
the Health Board had not the proper
authority to do so.
Cleaver said that he would let
Bloyen finish up on the dinner. that
was then being served and he return
ed later in the afternoon. but again
Bloyen refused to close up.
Mr.. Cleaver then went to CITY Han
and saw Chief Of Police Burke. VINO VINO
IN turn went to see the Mayor Ten
Broeck, who ordered that patrolman
be detailed to the restaurant to assist
Mr.. Cleayer in closing the place.
They proceeded to the lunch room and
found out through Bloyen's lawyer,
Stephen F. Somogyi. that the place
could not be closed under the circum-
stances.
The men next went to the city at
torney, Leo Goldberger. and discover
ed that there was no law in the state
of New Jersey that gives the health
board any right to walk In and close
the place of business OF any man.
Therefore 1t is evident that any place
in this state that is in an unsanitary
condition and a detriment to the pub
lie health, cannot be closed by the To-
cal board of health. and must be al
lowed to continue a peril to the public
and will not come under the surveil-
lance of the health authorities.
Mr.. Willsey was next consulted ana
that the board of health could close
any place they SO desired, II 1t was
not In q sanitary state. After constd-
ering the matter Mr.. Willsey made out
a notice to Bloyen that the Modern
should be closed 'at once and that he.
as health officer, had the right to en-
force that order. He went down to the
restaurant and Mr.. Somogyi said that
his client, Bloyen, did not intend to
close up and that Mr.. Willsey. under
the state laws. was powerless to close
IL up.
Nothing further was done about the
matter yesterday afternoon. as 1t was
clearly seen that the local board was
not backed up by sufficient power In
the state laws, to enforce what they
thought was best for the betterment
of this community. However, Mr..
Willsey expressed his intention of re-
questing today that the affair be car
ried into the court of chancery ana
an injunction be asked for the imme-
date closing down Of the Modern res
taurant.
Wolfram Improved.
DR.. William H. Wolfram, who was
injured by striking his head on an
awning on Smith Street and who is
confined to the City Hospital is some
what better today and it Is now hoped
that he will be able to leave there In
a few days.
1t is expected that he will make a
complaint al out the number of low
awnings in this city when he Is around
again and that he will ask the city
authorities to take some remedy to
have this nuisance abated.
Two others who were injured in the
same way and at the same place were
B. Beiderman, 4S Commerce street.
and Joseph McFayden of Rector
street.