HomeMy WebLinkAbout02/03/1936 Board of Public Safety Minutes-MEETING February 3, 1936
Regular meeting of the Board of Public Safety was held on Monday,
February 3, 1936.at 9:00 A. M. All members were present.
Minutes of the previous two meetings were read and approved.
Requisitions numbers 08852 to 08871, inclusive,'were approved.
Claims in the amount of $797.54, from the following suppliers, were
approved and ordered paid.
Indiana Bell Telephone Co.
$ .15
Recreation Equip. Co., Inc.
94.35
Recreation Equipment Co.
18.40
Gafill Oil Company
519..26
Gafill oil Company
9.06
Gafill oil Company
16.68
Gottlob Fritz
2.75
No. Ind. Public Service Co.
28-92
The Gibson Company
3.06
Elkhart Brass Mfg. Co.
22.30
Scherman-Sohaus-Freeman Co.
.45
O'Brien Varnish Co.
$11.18
Boyer Fire Apparatus Co.
12.75
Simon Brothers, Inc.
16.00
So. Bend Clean Towel Ser.
1.00
Radio Distributing Co.
1.98
Radio Distributing Co.
1.35
General Sheet Metal Works
8.10
General Sheet Metal Works
3.20
S. S. Kresge Co.
1.60
Richard W. Holdeman, M. D.
25,00
ELECTRICAL DEPARTMENT - T.1r. Qualls present:
. . In reference to the Petition of residents and property owners of
River Park for an overhead stop light at 30th Street and Mishawaka
Avenue, Mr. Qualls made a report that an overhead traffic signal would
have a tendency to slow up the vehicular traffic on Mishawaka Avenue
but that this would not solve the entire problem. After thoroughly
discussing the matter, it was decided and these representatives were.
informed that an overhead stop light would be installedas soon as .
possible, weather permitting. The Board further considered the question
of placing a series of stop lights on Mishawaka Avenue for later instal-
lation. Mr. Quails was requested to make an estimate of the cost.
FIRE DEPARTMENT - Chief Freeh present:
The Chief reported having taken up with the Health officer the
claim made by Dr. R. W. Holdeman for service rendered at the time of the
Green fire. On recommendation of Dr. Carter, the Board approved this
claim.
The Chief was consulted with reference to claims made by Dr. Thomas
B. Pauszek for extra service rendered at the time of the Green fire
amounting to $150.00, also claim for care of Edward Tohulka for injury
to left arm and after care $25.00. The Secretary was instructed to have
Dr. Pauszek at the next regular meeting of the Board to discuss this
matter.
The matter of vacancy on the Fire Department was postponed pending.
further investigation. I
The Chief reported on recent Fire Department appointments, as
follows:
Guy Gilligan should make a first-class fireman, as he takes an
interest in his work.
R. W. Miller - the same report as above.
Raymond McCallum is reported as rather slow, but with more
experience should be allright.
The Chief reported that on January 27th, while responding to an
alarm at Box 213, Engine No. 3 collided with a truck driven by H. Corbin,
due to Joy condition of the streets causing rear end to skid striking
the truck and breaking off part of the twenty-four ft. ladder which
is part of the equipment which will have to be replaced at an expense
of approximately $40.00.
The Chief reported that in responding to a false alarm from
Box 98, while in the act of carrying out his assignment, Lieutenant
Harvey Kletka, of Truck No. 2, was struck by an automobile driven by
Charles Fox, R. R. 2, Edison Road. His injuries consisted of head
lacerations and sprain ed left wrist. Treatment was received at Epworth
Hospital and he was then removed to his home.
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`The Chief presented a letter written by Dr.-Pauszek in reference-
to Boyd Lower, Fireman,at Station No. 7, injured October 3, 1935. At
that time x-ray revealed no fracture, but after prolonged treatment
Mr. Lower has difficulty in controlling his knee and it would be
dangerous for him to try to resume his normal duties. Fireman Lower,
in accordance with previous action of the Board, has been placed on
..pension as of February 1,.1936.
Discussion was had in reference to the new application submitted by
the Chief and it was decided that each member of the Board would further
analyze the application before any action was taken.
POLICE-DEPARTMENT - Chief Lane present:
City Judge Joseph Avery requested permission for the City Court
Bailiff to secure his gasoline from the Police Department tanks, in
order to avail himself of the saving of State Tax on gasoline for this
commodity used for the municipal business. It was regularly moved, .
seconded and carried that this matter be referred to Mr..Zillmer who
would confer with the Judge and make recommendation to the Board as to
how it can be accomplished.
Mt. H. E. Bolt, Manager of the Telephone Company, and 1&. Powell
were present and discussed at length the question of telephone service.
It - was decided that this matter shall be referred to the Chief of Police
to confer with Mr. Bolt and make recommendation at a later date to the
Board.
The matter of present standing of Officer Leo Berner was discussed.
Officer Berner presented to the Board a copy of Declaratory Judgment
No. 19661 in the Marshall Circuit Court, January Term 1934, as follows:
Valentine J. Gadaoz, et al etc.
Vs.
William R. Hinkle, etc., et al.
This cause having been under advisement and the Court being
duly advised in the premises now find,.adjudges and declares the right of
the several parties hereto as follows:
That Valentine J. Gadacz, William R. Trost, Jr.,_and Walter.-
MoSorley, at:the time of the filing of the complaint did constitute, and
do now constitute, the duly appointed, authorized and acting members of
the Board of Public Safety, of the City of South Bend, Indiana,,-_herein-
after referred to as "The Board of Public Safety."
That William R. Hinkle, at the time of the filing of the
complaint was, and is., the duly elected, qualified and acting mayor of
the City of South Bend, Indiana, hereinafter referred to as "The Mayor".
The defendant, Earnest J. McErlain was at the time of the
filing of the complaint, and is, the duly qualified, appointed, and
acting Comptroller of the City of South Bend, Indiana.
That the plaintiff, Horace Hamilton was at the time of the
filing of the complaint herein, and is, a duly appointed, acting and
qualified member of the Police Department of the City of South Bend,
Indiana, under the control and jurisdiction of the said Board I of Public
Safety.
That the plaintiff, Leo Berner,. was at the time of the filing
of the complaint herein, and is, a duly appointed, Acting and qualified
member of the Police Department of the City of South Bend, Indiana,
under the control and jurisdiction of the said Board of Public Safety.
That on the
was-by the said Board
Police of the City of
acted and functioned
complaint was, and is
South Bend, Indiana*
16th. day of May, 1934, 1 the said Horace Hamilton
of Public Safety duly appointed acting Chief of
South Bend, Indiana, and oontinuously.since has
as such and at the time of the filing Of this
now, the acting Chief of Police of the City of
That on the 16th. day of May 1934, the said Leo Berner was by
the said Board of Public Safety duly appoin ted as Acting Assistant Chief
of Police of the City of South Bend, Indiana, and continuously since has
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il. I
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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
Continuation certificates in the-United States Fidelity & Guaranty
Company.were approved by.the Board in favor of the following-.
Har'ry'T. Everett, T. C. Bloom, L. 1. Hosinski, J"ohn C. Howard, Steve
I�aczesny, Leo Berner,, Xoseph Hecklinski, Sam Koszorowski and William H.
Hudak.
The meeting adjourned at 11:30 A. M.
Chairman
AtTEST: lerk
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