02/03/1936 Board of Public Safety Minutes

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263 acted and functioned as such and at the time of the filing of this complaint was and is now, the acting Assistant Chief of Police of the City of South Bend, Indiana. I That the defendant, Earnest J. McErlain, as such Comptroller, is required to recognize on the proper certification in accordance with law and the ordinances of the City of South Bend, Indiana, the right of the said Hamilton and Berner to pay and compensation in accordance with their respective official positions as herein declared. That the said defendant, Michael Hanley, is not a member of the Police Department of the City of South Bend, Indiana, nor Chief of Police thereof. It is further provided that pursuant to statute in such cases made and provided this court retains.jurisdiction of the cause for the purpose of granting any further or supplemental relief, if occasion therefor shall arise, consisting with the declaration of rights I herein established. June 22, 1934. Judge of the Marshall County Circuit Court of Indiana r The above Declaratory Judgment together with a statement from the Board of Public Safety at the time of Officer Berner's appointment definitely stating the fact that it was their intention to make Leo Berner a regular Officer and, due to his having served as Secretary of the Board of Safety,his.probationary period was waived. In the light of these facts it was regularly moved by Mr. Anderson, seconded by Mr. Woodward and carried that Officer Berner be declared a member of the Police Force as of the original date of his appointment, subject to physical examination at this time by the present Police Doctor. A communication from the Mayor was read, asking that a thorough investigation be made of the accident occurring recently in which an automobile ran into the race at the East side of the river. The Chief of Police, in discussing this matter, recommended that a change should be made with reference to the.towage of cars, whether stolen ears, wrecked cars on the public streets•or other accidents. , A full discus- sion of this matter was had and it was decided that an experiment would be made for the month of February and that the Gill Vorn Chev- rolet Company be given the business of towing all cars, it being under- stood that the limit of their performance shall be to remove the auto- mobile from its location and tow it to their storage room and to hold it there until the owner appears who will then have the privilege to have the car removed to any other garage that he might direct for the purpose of repair. This arrangement will automatically cancel the previous arrangement that was had with the Stewart Garage. A communication from the H. D. Lee Mercantile Company was read, requesting that some barricade be placed immediately at the foot of Washington Street I on the East side and advising that the owners of Water rights on the East Race would be glad to cooperate at any time in the matter of draining the water from the Race channel when accidents make this necessary. The letter was placed on file and the Secretary instructed to write a letter of appreciation to the Lee Company. Police . application of Gaylen Ray Morris was presented and ordered placed on file. Surety bonds in the amount o f 41,000.0o.in the United States Fidelity and Guarantee Company in favor of the following were presented and recorded in the records: Karl Smith Horace Hamilton William Szymanski Emil DeWespelaere Ralph Light Adam Rozanski Robert Seals Murray C. Thomas W1