The Washington times., 1913-08-20
kALBFUS SEEKS AID
OF COURT IN FIGHT
Former Assistant Assessor
Asks to Have Records of His
Case Submitted.

fort by means OF a Gordon Of detectives
and a writ of certiOrari issued by JUS
tice Daniel Thaw Wright to compel the
District heads to produce the records Of
the case in court, the fight for the re-
movaI Of Samuel T. Kal6fus from mem
bership on the board of assistant as
sessors began today.
In the meantime, z. w Oyster, Gp
pointed as Mr.. Kalbfus' successor, is
on the job" But he is working at a
locked desk, for Mr.. Kalbfus has not
turned in the key.
What their answer will be and
whether they will obey the summons Of
the court. is a question the Commis-
sioners this afternoon declined TO an
ever until served with the writ.
Writ Filed By Hogan.
Application for the writ was filed
,arly today by Frank J. Hogan, coun-
sci for Kalbfus, who contends that
the Commissioners have no authority
TO remove his client without a hear
ing. The eligibility of Oliver p. New
man. president of the Board of Com
llissioners, IS attacked, reference be-
.RG made to the pretended president"
and the pretended board" Stress is
Iaic on the claim that Commissioner
Newman Is ineligible to office because
of the alloG Ged fact that he has not
been a resident of the District for
three years.
In addressing the court it was argued
by Attorney Hogan that the removal of
Mr.. Kalbfus was the result of action in
darkness of night and in violation of the
!aw"
Can Newman ALLEGED Commissioner"
Defendants named in the petition filed
n the District Supreme Court today are
the three Commissioners and MarAe
Brooke, who is described as acting
Commissioner of the District of Co
lumbia," and the District Of Columbia,
a municipal corporation" Mr.. New
man is designated as alleged commits
sioner" because of the clai mthat he
was ineligible.
After setting forth alleged grounds on
which the court is asked to find the
Board of Commissioners illegally consti-
-tuted because of the alleged ineligibilit :
Of Commissioner Newman, the petition
ayers that K!7lbfus was given no oppor-
tunity to defend himself
In defense of KaIbfus. the petition
says: Your petitioner further AYERS
that he has not been guilty of any act
ur acts constituting neglect of duty or
Hlalfeasance in office. or inefficiencv:
that he has never neglected his duty,
nor has he ever been charged with so
doing; that he is not inefficient. but
has from the date of his appointment
down to the present time efficiently and
faithfully discharged every duty per-
uaining to the said office; that he has
never in any respect whatever been
guilty of any act or acts constituting
Talfeasance in office or affording any
toundation for any such charge against
him"
Detectives Guard Door.
In anticipation of a scene on the ar
rival of Mr.. KaIbfus to find his sue
cessor occupying his office. a detective
was stationed at the door of the As
9essor's room this morning at S:30. De-
tective Frank Bauer was the first to
arrive. Later he was relieved by De
.ective Larry O'Dea who in turn was
succeeded by Detectives Patrick o Brien
and James A. Springman. The hours
passed slowly and Mr.. Kalbfus, who
Usually makes an early appearance. did
not arrive, but the detective assigned
gle instant
Assessor Richards said that Yesterday
Mr.. Kalbfus asked for two days leave
The suggestion was made by the As
SCISSOR that the request be placed in
writing This Mr KaIbfus failed TO do.
but ii Is probable, said Assessor Rich
ards, that he has taken ii for granter
that he was given leave and will appear
IT the expiration of that time. PREPARED
TO continue his duties.
q
building before o'clock, and, accom-
panied by Assessor Richards, immedi-
ately called to nay his respect to Com
missioner Newman.
After leaving the Commissioner Of
SCe he returned to the office Of the As
Sista1t Assessors to find the desk for
nerly occupied by Mr.. KaIbfus locked
eessor
Apparently undisturbed by the pres
%nce OF a guardian he planted himself
N the chair formerly occupied by Mr.
halbfus beside the locked desk and in
dicated every intention Of retaining nos
session Of II.
Next Move Up To Commission.
The next move will be up to the Com
nissioners. Mr.. Kalbfus is prepared TO
fight TO the last ditch the order of his
removal, and if necessary, according to
lis counsel will carry the case to the
curt Of appeals.
His premptory removal from office
rs totally unexpected move on the
.Tt Of the Commissioners
II was believed by the former as
.stant FassessOT that he would be
given an opportunity for a hearing
and that the Commissioners would be
called upon to prove the charges OF
malfeasance in office, neglect of duty,
and incompetency.
BY assuming that they have 4 right
10 dismiss him without a hearing. the
commissioners have placed the burden
Of proof on Mr.. KaIbfus In other
words, he will now be called on to
show reason why he should he rein
stated, instead Of defending the efforts
Ut the Commissioners to get him out.
Defendants Position.
Mr.. Kalbfus' position is Indicated
through the following statement of his
attorney. Frank H. Hogan:
In my opinion, the Commissioners
which they attempted to remove Samuel
T. Kalbfus, not only violated the plain
provision of the law, but showed de-
tiance Of the law. The fact that the
order was issued after regular Office
hours, and that the Commissioners
swore in the alleged successor Of Mr.
Kaibfus at 10 o'clock last night evil
dence considerable fear to meet the
glail issues during the hours which the
courts are in session.
Decision TO remove MT. KalbfuS was
cached by the Commissioners after
hoard session YESTERDAY evening. which