The Washington times., 1913-08-17
KALBFUS DENIES HE
WILL RESIGN PLACE
Says He Will Not Quit Board of
Assessors as Result of the
House Inquiry.
CONTINUED From Firstt Page.)

Continued From First Page.)
moment the statements so submitted
have been also suppressed.
ON Saturday, William P. Richards
the assessor of the District informally
told me that Commissioner Newman
had instructed him to ask me what
intended to do?' There was no direct
request made for my resignation, but
l inferred that that was what was
meant. l told Mr.. Richards that I
had no intention of resigning, but that
l would take until Monday to think the
whole matter over before formally re-
spending to the Commissioners informal
communication.
This morning a Washington news
Paper contains the positive announce
mcnt that l will resign tomorrow. /
repeat, ] will do no such thing. The
Cftce "t assistant assessor to which
was appointed on July 3, 1904, is one
created by law. BY express provision
OF the act Of Congress, the tenure of
that office was made permanent. So
that an assessor might be free from
the fear Of removal on account of
Political or other influence, Congress
expressly provided that an assessor
should not be removed unless first
found guilty of inefficiency, neglect
Of GUty, or malfeasance in office.
Says Commissioners Lack Power.
"The act of July }, 1902, took from
the Commissioners Of the District of
Clumbia the power to remove from
office a member OF the permanent
Board of Assessors. Before that time
the law specifically provided that the
Commissioners might remove an as
SCISSOR for any cause satisfactory to
them. This Lower was striken from
the statutes"
District courts any attempt bv the pres
eHt Board Of Commissioners to remove
him was indicated by d statement made
by Frank j. Hogan, his counsel. Mr.
Hogan said:
"A member of the Board of Assessors
in this District cannot in nv opinion.
be removed except for neglect of duty.
inefhciency. or malfeasance in office
His term Of office is not measured by
years but lasts as long as he is not
legally found guilty of any one or more
of the three specified causes for re-
mOval. The power Of the Commits
sioners to remove an assessor has been
taken from them by Congress
Will Defend His Rights.
With respect to the charges against
Mr.. Kalbfus. the same acts that are
now made the subject Of fresh criticism
were Ella laborately investigated bv the
former Board Of commissioners, with
the result that the board announced
that there was nothing that would
Justify any charge against Mr.. Kalbfus
Of inef1iCienCy. neglect Of duty. or NAL
feasanCe in office as a member Of the
Board of Assessors The decision of
the former Commissioners not only was
a sweeping eXOneratiOn OF Mr. kalbfus
but contained words Of high COmmenda-
tiOn of him and his fellow SCISSORS
In my opinion. the present Commits
Onors are without legal power to re-
verse the action OF the predecessors in
this case Tn" old board sat as a
qrasi- -judicia body. and its finding Is
conclusive on the present board. |. OF
course. cannot anticipate that the Com
mtssioners intend TO attempt to remove
Mr. Kalbfus. If IL is attempted, Mr.
Kalbfus will defepd his rights to his
office by appropriate proceedings in
court"
Commissioner O r Newman this aft
eInOon refused to discuss the kalbfus
case in any of its phases.