The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1912-07-09
voice. OF
usA. THE ksus,-
p e . p l. e
MIR. pATTEHsoN,s STATEMENT.
West Hammond. July S.


Hammond to make a public statement
with reference to the case of Joseph
Kuzel VS.. City of West Hammond, ct
al. This statement is made only for
the purpose of presenting to the tax
payers of West Hammond the facts In
the above case. and is not inspired IN
any way by a desire to appear In the
public -rints. and were ii not for the
fact that the public have a right to
know the present status of the above
case this communication would not be
addressed to you.
The people of West Hammond are
generally familiar with the principal
facts in the Kuzel case. viz: that with
out any authority of law the former
board ordered fifteen hundred and
sixty dollars paid to a Chicago law
firm when not dollar had been appro-
priated, and no fund existed to which
a warrant could be legally charged, or
from which 1T could be legally paid
Prior to the actual payment bill was
filed by a taxpayer to enjoin the pay
ment of the aforesaid amount. Notices
We're served on all the officials and
motion TOT an injunction maze III court
Pending the hearing of that motion
and after the appearance of all parties
In court. the money was actually paid
by the former treasurer. he making an
indemnity agreement between himself
and the Chicago law firm. 1t may be
said in this connection that the former
treasurer was prevailed upon to make
the payment but insisted, as l am adj
vised upon some form of security. The
court dismissed the bill for Injunction
and an appeal was taken to the Appel
late Court on the ground that the pay
ment was fictitious. constituted an act
of disregard for a court of chanccry,
and on the further and more important
ground that the warrants were abso-
lutely void.
On April 10th the present admins
power. Among it's FIRST acts 1t ordered
and directed it's City Attorney and it's
then corporation counsel to confess
error in this case for the reason that
the present administration was in COM
plete harmony with the object sought
to be obtained by the Kuzel bill. In
this manner a speedy disposition of the
case IN the APPELLATE Court would re-
suit without any great expense to any
of the parties involved. The motion
was made in the Appellate Court, but
the city attorney, Jacob KATE filed
counter suggestions in that court ask
| ing that the motion to confess error on
| behalf of the city be denied. On July
| 1st the Appellate court denied the mo-
| ton to confess error without pre-
judice to the bringing of another
similar motion, and gave as the ground
| of it's decision the fact that there ap-
peared to be a conflict as to who was
the proper party to confess error. Mi
| Katz claimed that as the city attorney
he alone had the power to take such
action if in his opinion he deemed 1t
| advisable. He contended in his sug-
gestions filed in court that the city
council of the city of West Hammond
had power or authority to direct or
order him to take any action with re-
| spect to the delayed management of
| any case. He further contended that
he was an elected official just as the
other city officers are. and was re-
| sponsible only to his constituents.
Irrespective of the motives. if any. of
Mr. Katz's arguments, this fact stands
out above all Others viz: that if Mr..
Katz really had the interest and the
welfare of West Hammond at heart he
would have willingly and eagerly
brushed aside his legal bubbles and
have co-operated with the city council
| in this matter for the purpose of effect
| ing a restoration to the city of the
money illegally paid. Instead of that
under the guise of legal sophistry, Mr..
| Katz opposes the wishes of the city
| of West Hammond as expressed by
| resolution of it's common council, and
because of his Interference alone the
very important movement looking to-
ward the recovery of the fifteen hun
| dred and sixty dollars has been blocked
This same Mr.. Katz some time ago
made a motion before Judge windes
| asking to be substituted in my place
| and stead the attorney for the city
of West Hammond in a certain suit
| known as the Interstate Electric
Company VS.. City of West Hammond
Mr.. Katz merely stated the motion to
the court but the argument of the mo-
ton lasting some thirty minutes. was
conducted very ably by Mr. Fred FL
Atwood. of the law firm of Atwood
Pease and Loucks, the payees named
In the fifteen hundred and sixty dollar
| warrahties involved in the Kuzel suit
Just why Mr.. KATE felt the need OF Mr.
| Atwood on such simple matter as a
motion for substitution can best be
left to the common sense of the Law
| abiding citizens of West Hammond
Mr.. Katz has on several occasions the
most recent one dated June 9th, been
| rebuked by the unanimous vote of the
city council of West Hammond for his
acts and attitude with reference to the
| Kuzel case. The responsibility rests
with him. AS long he continues tc
oppose the directions and orders of the
city council little nothing can be
accomplished looking toward recoy-
cry of the fifteen hundred and sixty
dollars The time for filing briefs or
behalf of the appellant has gone by
| A motion, am advised is now pending
to dismiss the appeal in the Kuzel ca Sc
and Mr.. Katz is in a position to keeI
alive this case. If it is dismissed ii
will be because he deliberately desires
THAT action taken. His acts all along
the line in this case have been inspir-