The Washington herald., 1911-10-31


noon at the hearing by the Commission
ers to investigate the conduct of Samuel
T. Kalbfus. member of the excise board,
and the board as a whole, when n.
Preston Galley, attorney for F. Oden
Horstmann, former District saloon in
spector, declared that if any attempt was
made to further investigate the private
life of his client, he would advise Mr..
Horstmann to refuse to answer any
questions propounded along such line.
WHO Is BEING INVESTIGATED:
Mr.. Galley made this statement after
Mr.. Hogan, attorney for Kalbfus, an
nounCed that Mr.. Horstmann would be
subpoenaed to testify next Thursday
morning. Mr.. Galley assailed the Com
missioncrs for holding an executive ses-
sion after the hearing last Friday. and
delving into Mr.. Horstmann's private
life.
There is more or less misunderstand-
ing" said Mr.. Galley, with respect to
Mr. HOrstmann at this investigation.
When the investigation was started. the
Commissioners announced that they did
not consider that any charges had been
made. and that the hearings were for the
investigation of the operations Of the
excise board in general. and not Of Mr..
kalhfus in particular. l am frank in
SAYING that if Mr.. HOrstmann had not
been subpOenaed he would not have been
present at one of these hearings. Mr..
Kalhfus was asked TO attend, and to en-
plOv counsel TO represent him No such
invitation was offered to Mr.. Horstmann.
As a citizen Mr.. HOrstmann called the
attention of the Commissioners to GER
tain facts with respect to one OF the
members of the excise board. and said he
represent him. The suggestion was re-
ported to the Commissioners, but nc
action was taken"
The Commissioners conferred for a
moment, and then Commissioner Ru-
dOlph said that they were unaware of
the offer.
That Executive Session.
After I had been in attendance at the
hearings" continued Mr.. Galley the
Commissioners suggested that If I had
matter. I then had the chance to di-
vulge them. For certain reasons, which
l do not wish to disclose, refused TO
make any statement. On Friday after
noon an executive session was held. at
which even the secretaries to the Com
missioners were excluded The Com
missiOners know the subject of that ses-
sion better than I do. 1t was the fur
ther examination of my client in regard
to his personal and private matters. As
a matter of law these matters have no
relevancy and no pertinenCy whatever.
There is nothing in such testimony which
would help the Commissioners in reach
ing a conclusion in the matter before
them.
After the noon recess to-day it was
stated that this irrelevant fine of ques
tioning would be pursued. If it is pur-
sued l shall tell Mr.. HOrstmann not to
appear again. If by process OF law he
is brought here, / shall advise him not
to answer any questions. There are
limits to all things. In the case OF Mr.
Horstmann the limit has been reached
I have the highest respect for the Board
Of Commissioners. But shall feel COM
PEELED to give my client the advice which
l have indicated, and in so doing I think
that I am performing my duty to this
Board, my duty to my client, and my
duty to the public at large"
"COntemptibIe Charges"
Mr. Hogan Immediately arose and be
gan an attack on Mr.. Galley and hi!
client
II have listened with interest" sait
Mr. Hogan, ito the dissertation of Mr.
Galley on competency of evidence, anC
I say to you, If legal rules had beer
closely followed with respect to Mr.
Kalbfus and the contemplate charge.
| sent TO the Commissioners by F. Oder
Horstmann you would have adjourned
thirty minutes after the investigation
started. Out of the 1,2OO-odd pages o.
insinuation and innuendo presented fol
your consideration by Mr.. Horstmanr
no Judge would have listened for thirty
minutes.
Mr.. Gatley's plea that Mr.. Horstmanr
has not been properly represented /!
easily refuted by the fact that, Will
the exception Of one day, Mr.. GatIey
himself has attended every session helC
! by the Commissioners. His whispered
suggestions to Mr.. White, assistant cor
poration counsel, have been many.
| am ready to close this case without an
other word of testimony. But If 1t 4
not closed now, then 1 shall reserve tn,
rlgnI 10 cOnQucI my line OF QuesuOnlnt
! in the way I see fit-''
Favors, Separate Boards.
AS soon as the hearing convened fol
lowing the noon recess Alexander Nc
Kenzie, member of the board of assistant
assessors, was placed on the witness
stand.
Mr.. Hogan asked Mr.. Mckenzie II h,
thought the excise board and the boar
Of assistant assessors should be sep
arated.
II firmly believe in the separation Of
the two boards" said Mr.. Mckenzie
And this is the opinion OF every member
Of the board. But, in expressing thi,
opinion, we don't want to give the I'M
preston that we're trying TO shirk re
sponsibility."
Mr.. Mckenzie said that In all real es
tate matters coming before the board Of
assistant assessors in which any membei
had any personal Interest, that membei
was excluded from consideration Of tn,
matter. This policy. he said. was strict
ly observed with respect to Mr.. Kalbfus
Mr.. Mckenzie said that in the case o.