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HomeMy WebLinkAbout11/13/1925 Board of Public Safety Minutesi9 Friday. Nov, 13th. 1925: OffiPe of the 'Soard of.ftblio Safety, meeting called to otder at 0 1�'.VO.All members being present, minutes of,previous meeting were read and approved. FIRE DEPARTMENT:- BILLS PRESENTED AND ALLOWED. Vouchers numbeted 1022 to 1067 Inclusive were allowed. ELECTRICAL. DEPARTMENT.,- REQUISITIONS PRESENTEIP'& APPROVED* I Requtitions nutnered 681 yo 683 inclusive were approved.' BILLS PRESENTED AND ALLOWED. Vouchers numbeted 2410 to 2411,2415 to 2416,-2419 to 2420, -2427 to 2491 to 251.6, 2521 -25022. inclusive were allowed. WEIGHTS & MEASURE DEPARTTJ1ENT-.- BILLS PRESENTED AND ALLOWEDA. Vouchers numbered 2408-2409-2423--2517 to 2523. Inclusive were allowed. POLICE DEPARTMENT: - REQUISITIONS PRESENTED & APPRO'941). Requisitions presented numbers 2378 to 2366 inclusive. BILLS PRESENTED AND ALLOWED. Vouchers numbered 2403 to 2407, 2412 to 2414,-2417-2418,2421,2422, ..2424 to 2426,2428-2490, 2518-2529 inclusive were allowed. Motion prevailed that the applications of Louis Rostiser, 1,71ater R. Bahney, and Harold Eli. Graf, for positions in the police department were accepted and ordered placed on file. The Board went into session as a trial body to hear the follwaing charges which were prefered officers Forrest D. Clark, Oral Hamiltont A. E. Nelson and Wm. Timans, by chief Lane.. TO THE BOARD OF PUBLIC SAFETY, Nov. 11th. 1925. OF THE CITY OF SOUTH BEND,IND. I hereby prefer the following charges against the following named police officers of said city, namely Forrest D.Clark, Oral Hamilton, A. E. Nelson, and William H. Winans, and hereby charge said officers jointly and severally with conduct unbecoming an officer of the Police Force of said city, in the following re.spect,to-wit: 1. That said named officers on the 6th. day of November, 1925, left their beat and prescribed duties as such officers, without authority, and at said abandoned the preformance of their regular duties as such officers. 2. That said named officers on said 6th. day of November, 1925. were found in a public roadhouse in company with persons who were then. and there violating the law, and failed to make any arrest for such violation. 3. That.said named officers were at said time and place ina public road house outside of the limits of the City of South Rend and had at said time knowledge that liguor was being kept at said premises in violation of law, and failed to mmke anl'arrest for such violation, And the-undersigned futhur specifically chatges the said Forrest D. Clark with being on said occasion in possession of intoxicating liquor, contrary to law and contrary to the orders of the Board of Public Safety. (Signed.). L. J. Lane, Chief of Police. The following witnesses were duly examined:- Thomas Goodrich, Shefiff, Floyd Fishburn,Arthur Cissne, Blaine Crips, Clarence Conrade, Ed. Ream, Jesse Cooper, and Chief Lane. and Serg't. Keller, Geo. Sands, was tha attorney for the defendants, The Board then went into executive session to consider evidence. submitted, after a public hearing and submiasion of all evidence, the Board went into exezutive session for the purpose of considering all evidence submitted, after due and carefull considbration,of all the evidence submitted the Board found the said officers Forrest D. Clax-krp Oral Hamilton, A. E..Nelson, and 11m. H. Winans, gulity as charged and there upon they are dismissed. from the-446lice Force of the City of South Bend, Ind. The following agreemekttwas approved and signed:- WHEREAS, the City of South Bend, Indiana, is about tonconstruci, .install and erect overhead traffic signals at street intersections in said city: And, WMEAS, said (See attached j. 1 ' _r HEREA i the City of South Bend, I-adiana, is about to-eons tru t,. , kz install and erect overhead, traffic signals at street: ,.1 -ersedti o 1- ! - vsaId of y end, - WIMRFM,, said OitV desires Ito suspend, said traffic signals -xh4 wires 'leading thereto xp ®s the Pelee span wIron and overhead oon= sstrneti oxs w® of the E hiessto,So -Oh Bend :`& Northi in' Ind na` �st�lway 0:6a16ssnyy at those inter o,otions ap ®h whiah the traekss of sal d Railway Company now exist; And, r. : - WIUMM said Railway 0e!mpany is ready and will.i that sgai.d Sing y may do so an the terms aR;nd oond ti ert�iAafter stated. d aientered, into t T ' NOW , , Ay of ept;amber.,- ,1026' , M1, !1y $7�d between the dity of youth Bens - IndIanaf r _ by and through the Bea :r& of PcLblid ' e- ` thereof, and the tb,16 a90, - outh :Bend & Northern. iadi.ana Railway C empour, WITNU ` That* said Itailway Comp>Lny heroby. . eonseats And agrees that 8O-LM .pity may suspend. said traffics signals and wires leading thereto upon, . the pokes, op an wises and overhead :sonstruet on work of the Chic ag *,, ` := loath Bext Nerthorn., Indian& Railway Gomgany at those Intersections. upon wiiah the traego of Paid Railway-a ©mps>o now exist Agd, g In eonsider-ation t`hertaf, said City hereby agrees to and shall - intleffinify, prateet s x d save hswml -as " staid: Railway Compasny �rsm any and all d.ageo or. -1 ®saes res�l.ting from injury sr dssage to person of pro= ty.su�t:i s? amt off' or essed by Pnoh. suspension, the _preeens e:- Ante noo . r uOt of said. traffi'e o gnala' and. w ee en 0 _06ut ssastid 41 ­--p op wi:F ®a$ asd overhead oonstrnetion work, _ who the ssuQh i ®r dama�o be° oust ned or_ see ed thro�,�h the I. ge oy of el-0.0-ridity or eth0" so -. And said City does further agree s 0 y, ne�ngy, p ansave, ha miesa A �yand ohs 1 ' _r 1 ' 193' �p in any any and all damages, claims, demands, actions or causes of as tion and suits at law, including the cost incident thereto, for injury i. or damage to person or.property which may be sustained by or accrue to or which, may be claimed to have been sustained by or.to have accrued to, -any person, persons or corporation whatsoever growing out of or ocaa- sioned by such suspension or the presence, maintenance or use 'of such ' i traffic signals and wires on or about said poles, span wires and. over- °head construction work, whether such injury or damage shall be sustain- . ,. ed or accrue through the agency of electricity or otherwise. IJ Provide&, in the event that any action for damages shall be com - menced against said Railway Company wherein it is claimed either by said. Railway Company or other party that the damage or ,injury in whole or in part grew out of, arose or resulted from such suspension or the presence, fntenanee or use of such. traffic ,signals and wires on , or about said a poles, span wires, overhead construction work or eleotricity.transmittec 16 thereover, the Railway Company shall, within ten days after any such ac -- � tion ,shall have been commenced, notify said-City in writing_of the com mencement thereof, and the City shall have the right to appear and de- fend against said action). And if said notice: shall have been given by said Railway Company to said City, as hereinbef ore provided, said ,City agrees (subject to the proviso hereinafter immediately stated) to and shall :pay all costs and expenses of, and judgments recovered in, any such action; provided, however, said City reserves and shall haug_the right to establish by final judgment or finding of a court of competent jurisdiction that such-cause of action so recovered on did not in.whole or in part grow out of, arise or result from such suspension, 'or the: presence, maintenance or use of such traffic signals or wires on or about said poles, span wires, overhead construction wcrk, or ele etricai- - ty transmitted thereover, but, subject only to such right and reserva- tion, any such judgment, the amount thereof, the liability therefor and 2-