02/17/72 Board of Public Works Special Meeting Minutes

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2/17/72 I SPECIAL ANSWER Comes now John J. Rober, attorney for Maurice Van Woods, and by way of special answer, alleges and says: 1. Maurice Van Woods incorporates for reference each and every material allegation of Paragraph 11, rhetorical paragraph one (1) as if they were specifically pleaded herein. 2. Maurice Van Woods, acting pursuant to Section 10-3042 Burns Ind. STAt. Anno., was within the scope of his employment and was acting pursuant to the rules and regulations and laws of the State of Indiana and his employer, S.S. Kresge Company, and as a.result thereof, was not in violation of the code, rules, or regulations of the South Bend Police Department or the City of South Bend and, therefore, there can be no breach of the same and no "cause" for removal. WHEREFORE, Maurice Van Woods prays that the Chief of Police 404 take nothing by way of his charges, and for any and all other proper relief. 1c.C� G s/ John J. Roper V SPECIAL ANSWER Comes now John J. Roper, attorney for Maurice Van Woods, and by way of special answer, alleges and says: 1. Maurice Van Woods incorporates for reference each and every material allegation of Paragraph 11, rhetorical paragraph one (])-as if they were specifically pleaded herein. 2. .The attempt to apply the code, rules and regulations or to incorporate the same into the contract by and between Maurice Van Woods and S.S. Kresge Company, constitutes an unlawful and unconstitutional interference with Maurice Van Woods's freedom of contract, protected by the United States Constitution, Article 1, Section 10. 3. The filing and possible enforcement of the code, rules, and regulations of the South Bend Police Department constitutes a making of a new contract by and between Maurice Van Woods and the S. S. Kresge Company, by either the Chief of Police or the Board of Public Works and Safety, which are not privity to the same. WHEREFORE, Maurice Van Woods prays that the Chief of Police take nothing by way of his charges, and for any and all other proper relief. s/ John J. Roper Chapleau, Roper, Mclnerny & Farabaugh 316 First Bank Building South Bend, Indiana Telephone: 233-5173 Attorney for Maurice Van Woods The above docu ments were then filed with the Board.