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<br />`The Chief presented a letter written by Dr.-Pauszek in reference-
<br />to Boyd Lower, Fireman,at Station No. 7, injured October 3, 1935. At
<br />that time x-ray revealed no fracture, but after prolonged treatment
<br />Mr. Lower has difficulty in controlling his knee and it would be
<br />dangerous for him to try to resume his normal duties. Fireman Lower,
<br />in accordance with previous action of the Board, has been placed on
<br />..pension as of February 1,.1936.
<br />Discussion was had in reference to the new application submitted by
<br />the Chief and it was decided that each member of the Board would further
<br />analyze the application before any action was taken.
<br />POLICE-DEPARTMENT - Chief Lane present:
<br />City Judge Joseph Avery requested permission for the City Court
<br />Bailiff to secure his gasoline from the Police Department tanks, in
<br />order to avail himself of the saving of State Tax on gasoline for this
<br />commodity used for the municipal business. It was regularly moved, .
<br />seconded and carried that this matter be referred to Mr..Zillmer who
<br />would confer with the Judge and make recommendation to the Board as to
<br />how it can be accomplished.
<br />Mt. H. E. Bolt, Manager of the Telephone Company, and 1&. Powell
<br />were present and discussed at length the question of telephone service.
<br />It - was decided that this matter shall be referred to the Chief of Police
<br />to confer with Mr. Bolt and make recommendation at a later date to the
<br />Board.
<br />The matter of present standing of Officer Leo Berner was discussed.
<br />Officer Berner presented to the Board a copy of Declaratory Judgment
<br />No. 19661 in the Marshall Circuit Court, January Term 1934, as follows:
<br />Valentine J. Gadaoz, et al etc.
<br />Vs.
<br />William R. Hinkle, etc., et al.
<br />This cause having been under advisement and the Court being
<br />duly advised in the premises now find,.adjudges and declares the right of
<br />the several parties hereto as follows:
<br />That Valentine J. Gadacz, William R. Trost, Jr.,_and Walter.-
<br />MoSorley, at:the time of the filing of the complaint did constitute, and
<br />do now constitute, the duly appointed, authorized and acting members of
<br />the Board of Public Safety, of the City of South Bend, Indiana,,-_herein-
<br />after referred to as "The Board of Public Safety."
<br />That William R. Hinkle, at the time of the filing of the
<br />complaint was, and is., the duly elected, qualified and acting mayor of
<br />the City of South Bend, Indiana, hereinafter referred to as "The Mayor".
<br />The defendant, Earnest J. McErlain was at the time of the
<br />filing of the complaint, and is, the duly qualified, appointed, and
<br />acting Comptroller of the City of South Bend, Indiana.
<br />That the plaintiff, Horace Hamilton was at the time of the
<br />filing of the complaint herein, and is, a duly appointed, acting and
<br />qualified member of the Police Department of the City of South Bend,
<br />Indiana, under the control and jurisdiction of the said Board I of Public
<br />Safety.
<br />That the plaintiff, Leo Berner,. was at the time of the filing
<br />of the complaint herein, and is, a duly appointed, Acting and qualified
<br />member of the Police Department of the City of South Bend, Indiana,
<br />under the control and jurisdiction of the said Board of Public Safety.
<br />That on the
<br />was-by the said Board
<br />Police of the City of
<br />acted and functioned
<br />complaint was, and is
<br />South Bend, Indiana*
<br />16th. day of May, 1934, 1 the said Horace Hamilton
<br />of Public Safety duly appointed acting Chief of
<br />South Bend, Indiana, and oontinuously.since has
<br />as such and at the time of the filing Of this
<br />now, the acting Chief of Police of the City of
<br />That on the 16th. day of May 1934, the said Leo Berner was by
<br />the said Board of Public Safety duly appoin ted as Acting Assistant Chief
<br />of Police of the City of South Bend, Indiana, and continuously since has
<br />4
<br />il. I
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