The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1921-07-21
BITTER FIGHT
IS STILL IN
PROSPECT
Petition Holds That Court
Erred In Six Par
ticularS.

Hammonds ditticultles win
nexation of Hessville are not YET el"71
While city officials of Hammond a.
going ahead with the steps 10 inANe
the union solid and provide the new
acquired territory with represefsA
on the city council opponents ot 'hs
annexation are likewise goihg Hheo
with their fight against oelhe aos''
bed
Attorney Fred Crumpacker. VINO rep
resented the corporation or HessSiAle -
the annexation proceedings, mas hlea
with the Supreme court at Indianapolis
a petition for a rehearsing OF the case
which was recently decided In Ham
mond's favor.
The petition holds that the court er
red in six particulars. Among them
are the following on which the petit
tion Is based:
The court erred in holding the Juos-
ment of the Lake circuit court. july .
1913 was in part valid.
II erred in falling to notice an'
pass upon the appellees contention
that the Judgment was wholly Void DC
cause the court failed to make the luF-
isdiction findings required by the sta
tutc-
1t erred in holding that that part OF
the judgment of the Lake circuit court
other than the part postponing annex
alton for fve years, was valid notWlth-
standing that the jurisdiction OF the
Lake circuit court under the statutes
was a special and limited one, exercis-
ed only for determining whether the
conditions necessary to annexation eH-
listed. and II failed TO make any OF the
findings of law to support the .Juds-
ment.
1t erred in holding that the void part
of the judgment is separable from the
remainder.
Both in language and substance, the
petition holds. the part held valid is
interviewer with and dependent upon
the void part regarding the five year
period and none of the parties wanted
the annexation as effective July s.
1918. as the court held. They would
not have agreed to the lower court
Judgment with the five year condition
eliminated.
In reversing the Judgment situation
of confusion and injustice has been
brought about relative to the collection
of back taxes for the periods Of 1919
to 1918 and from 1918 to 1920 by the
CITY of Hammond which the court held
could be done.
The pivotal question Of the appeal as
pointed out by the petitioners is wheth-
rr the Judgment of the Lake circuit |
court ignoring all of the statutory |
findings. has any validity whatever. II |
is pointed out that in deciding the oues-
ton II should not have been as to policy I
but as TO the method of procedure for |
there is a positive statute describing
the method to be followed and no 9TH
er is proper.
The petitioners have found a case
from the Tennessee courts which Is
almost a precise parallel TO the Hess
willie case except that a ten year CON
dition was attached to the annexation
This has not been cited hitherto In
connection with the Hessville fight and
has been brought to the Supreme courts
attention.
In the meantime the city of Ham
mond has already introduced ordinan-
ces dividing the Hessville territory in
to two wards which will be the Twelfth
and Thirteenth of Hammond. \ pub
lie hearing will be held on this the
night of August when the ordinances
come up for final passage.
With the ordinances adopted it will
be necessary for the council to elect
the two alderman to represent these
wards. 1t is too late for candidates
to have their names on the ballots for
the city election this fall so the ap-
pointments made by the council will
be good for four years. Hessville peo
pie, however, will vote for other can
didates in the election. 1t is said that
several candidates have already bob
bed up for the aldermanic jobs in each
ward. Among those being talked of are
Phil Mclaughlin and Frank Holly.