HomeMy WebLinkAbout12-21-31 Council Meeting Minutes( The'following is a copy of Motion in regard to`the last- paragraph of Minutes on Charges file ;
MOTION,
I move that the charges against SIP. Riley Hinkle, Mayor, and AlbertM Long, member of the
Board of Public Safety, of the City of South Bend* Indiana, preferred by Rudolph Ackerman, be j
received, ordered placed on file, and adopted by zthis Council, and that the same be publicly
heard by this Common Council at an adjourned meeting to be held on the 21st day of December,
1931, at 7 :30 o'clock P/ M., at the 09uncil Chamber in -the City Hall of the City of South
Bend, Indiana, and that a certified copy of said charges and of the, proceedings . of this
Common Council, ,fixing the time and place for hearing the same, be-immed$iately served upon
said We Riley Hinkle and Albert M. Long, by the Chief of Police of this Cfity, by delivering
the same-to them-,in person or at their last and usual places of , residence#, , -and that due
return.of such service be made according to law.' John :X 06' Hiss. Councilman: The Motion
NaszAdvptzdzb1xtkex22uxot1 ' was passed by the Council.
MOTION.
h Move that this meeting be adjourned to December 21, 1931, at 7 :30 P. M.', for the
purpose of hearing Sid
the preferred charges against . Riley Hinkle, Mayor$ and Albert M. Long,
member of the Board of. Public Safety.of this City.' Julius Altfeld, *Councilmana
The Motion was passed by the Councils at 9:10 o'clock P.` M.'
December 2�rd, 1931.' at- 7 :40 o'clock Pip'
The Common Council of the City of South Bend, Indiana, was again called to order by
President Nelson under the last above mentioned date and time. All Members present.
RETURN OF SERVICE.
STATE OF INDIANA
ST. JOSEPH COUNTY 3 SS:
John Be" being duly Ao&f sworn,,, doth depose and say that he- is the duly qualified (�
and acting Chief of Police of the. -City of'South Bend, Indiana; that he served a notice,
certified as above and of which the above and foregoing is a true and complete copy, on We Rileyl
Hinkle, Mayor of the City ofbSouth Bend, Indiana, and Albert M. Long,-.Member of the Board of
Public Safety, of said City, by delivering one of the same to each of them, in person, on the
15th day of December, 1931.'
Further - affiant saith note" John B: Kuespert:
Subscribed and sworn to before me this 15 day of December, 1931:' Wm.' P' Downes, Notary Public
My Commissi @n expires Jan. 24 - 1934.' ( Notarial Seal)
The report of the Return of Service was accepted by the Council and ordered to be placed on file.
Motion carried:'
In the matter of thecharges> filed- with the Council against Mayor Rillile and Mr.' Long,
Member of the Board of Safety, Roland Obenchain, attorney for the Respondents, filed on behalf
of saild Respondents separate and several mottion to quash the charges, which motion is in the
words and figures, following:
STATE OF INDIANA
CITY OF SOUTH BEND,
ST. JOSEPH COUNTY 11
BEFORE THE COMMON COUNCIL OF THE CITY OF SOUTH BEND
11 THE MATTER OF CHARGES
AGAINST_', RILEY HINKLE -INMAYOR OF SEPARATE AND SEVERAL MOTIONS OF
THE CITY OF SOUTH BEND, DIANA SIP. RILEY HINKLE AND ALBERT M.
azA ALBERT M. LONG, MBER OF T13E LONG TO QUASH CHARGES.
BOARD OF PUBLIC SAFETY OF THE CITY OF
SOUTH BEND, INDIANA.
N' Riley Hinkle and Albert M. Long appear specially in the above entitled matter and for thi
purpose of this motion only and arately and severally move that the common council of the
city of South Bend quash the all #charges in the above entitled matter and dismiss said
proceedings for each of the reasons following and which appear upon the face of the proceedings=,
to —wit:,
1*" purported adoption by the council of the alleged charges was not such adoption as is
required by law in that the law requires that the council itself take under consideration
complaints, make such investigation or inquisition as may be necessary to determine for itself
that one or more lawful and sufficient grounds of complaint exist and that there exists a
reasonable probability that on the trial thereof the charge can x be sustained by lavf ul proof,
and that if both of these conditions are found to exist by the Council, then the council itself
presents,, in substantially the same manner &Aq a grand jury „`the charges which it requires to be
answered. The law does not contemplate that an officer of a city be required to answer an unswor3
declaration of a non - member.`
2 The ordinance expressly provfdes for written charges which shall have been "preferred
and filed” by the common council or any committee thereof" The alleged charges in this case are
unsworn declarations of an individual who is not even a member of the council and were not,
"preferred and'. filed" by the council:
3: If the word," adopt as used in the statute be of broader construction than Npreferred
and filed" as used in -the ordinance, then this council has not by ordinance made provision for
the trial and disposal of such charges as are here involved; namely, such as are preferred by sox
one other than the common council or a committee thereof:
Clarence Manion
Roland Obenchain
See page 120) Attorneys for movents.
(
Atli)
( Concluded )
r- ollowing the reading of the aforesaid mentioned Motion and a Discussion by the
Councilmen, Councilman Rokop makes the following Motion:_
Xmkiaxk MOTION. _
I make ,a motion that the Complaint filed by the Attorney should be rejected and the
Council should proceed further: This Motion was seconded by Councilmen Cripe and Altfeld."
After a Discussion of Mr.' Rokopl s . Motion, the question_ was put to a rtii.l call vote,
resulting;as follows: Nelson, Rokop, Altfeld, Whiteman, Goetz,_ and Hiss voting Aye, Hull,
fey; �, Jaworski,_Oakley, Grzeskowiak, Cripe and Gustin voting Nay.: A yes 1-6, Nays(,
Ma±$xmxt xtr Upon the ti*e vote, President Nelson declared the Motion Lost.'
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A Motion to adjourn made by Councilman Hull and seconded by Councilman Cripe was put to
a Rolm Call -vote and failed to carry as follows: 1amx ;x ic2q&Tx1J:11xJ:# Hull, Cripe,
and Qt Gust in voting Aye, Nelson, Rokop, Altf eld, Oakley, Whiteman, Goetz, Jaworski, Hiss,
and Grzeskowiak voting Nay. Ayes 3, Nays 7, President Nelsorp- declared the,Motion Lost.
At 9 :30 o'clock P.`M. On Motion of Councilman Gustin, sustained by a Unanimous b vote,
President Nelson declared a ten minute recess.`
The Council resumed its session at 8 :40 o'clock P.' M.
After a . General Discussion: as to the ' meaning and effect of- Mr.' Rokop r s Motion and its
failure to be sustained, and as to the intention:of the indiavidual Councilmen ine voting
on it, Councilman Cripe moved as follows:
-1 Make a Motion at this time that further proceedings-be referred to the Committee of th
Whol_e'` for further -discussion. The moti6m. _ put to a vote carried unanimously:
Coun &ilman Hiss made a Mention that the proceedings be continued until next Monday eveniq
December 28th; seconded by Councilman u.11; which Motion unanimously carried:'
Mr. Obenchain The defendants) - counsel aishea, °.to introduoe .an objection and take an
exception to the action of the counsel in -the motion just made and passed, as being
inconsistent with the proceedings taken already tonight. I wish tha the record to show that -
the defendants except.
Whereupon, on motion unanimously sustained,-the proceedings adjourned.'
•
PRESIDENT
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