Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-08-29
FIGHT IS BEGUN
ON KA[bFUS WRIT
Commissioners Ask Supreme
Court of District to With
draw Order.
INDEPENDENTLY" ISSUED,
COUNSEL THOMAS ASSERTS
Motions State Assistant Assessor
Never Legally Took Oath
of Office.

Marking the real beginning Of what Is
expected to prove a stubbornly contested
legal fight to determine their right to
remove Samuel T. Kalbfus as a member
OF the board of assistant assessors, the
Commissioners today. through Corpora
ton Counsel E. H. Thomas asked the
withdraw the writ Of certiorari issued by
Justice Wright directing that the records
In the Kalbfus case be brought before
that tribunal
In separate motions filed for the Dis
tIlct government as a municipal corpora
ton, Commissioner Newman and Com
missioners Siddons and Brooke jointly,
the corporation counsel alleges that the
court was without jurisdiction to grant
the writ and asks that II be superseded
on the ground that lit was improvidently
Issued on an ex parte application and
contains "scandalous. malicious and i'm
pertinent" matter intended to bring dis
credit on the District Of Columbia.
Review Real Estate Deals.
Several pages of the answer are de-
voted to review Of the real estate trans
actions Of Mr.. Kalbfus, which were In
vestigated by former board of Commits
sioners, the atlantis stating that they
found certain Irregularities. inefiiciency.
neglect Of duty and malfeasance in Office
which led to their dismissal of the former
assistant assessor
Also. the charge is made that Mr..
Kalbfus at the time he became a men,
ber Of the board of assistant assessors,
did not take the oath of Office as pre-
scribed by law. and that he is not en-
titled to the writ Of certiorari.
In the separate answer filed for Com
missioner Newman, that official denies
the charge contained in the application
for the writ of certioraH, that he is
| ineligible to- serve as Commissioner.
He characterizes the allegations as
Intentionally insulting and wrongful"
and declares that they Intend without
legal excuse therefor to impair and
ruinously and nffschievously injure the
bia and to discredit the acts Of the
Commissioners and the proper enforce
ment OF the laws
The answer filed for the District gov
ernment as municipal corporation sets
forth eleven reasons why the writ of
certiorari should be superseded.
In addition to the allegations referred
to, it is charged that the parties af-
fected cannot. by any judgment of the
court. be placed In statu quo nor can
the Judgment restore the plaintiff to nor
| remove him from office.
Unconstitutional Interference.
It is contended. that the granting of the
writ of certiorar is an unconstitutional
interference by the Judiciary with the ex-
ecutive and administrative powers Of the
Commissioners and that the matter of re-
moval from the Office of assistant asses
sor or appointment to that Office is not
within the powers of the court.
In referring to the reasons which were
responsible for their dismissal Of Mr..
Kalbfus, the Commissioners state that,
90 {roy ri thoxy rnVyfo x-nH he. axys-
dence taken in the Investigation of the
former assistant assessor and upon that
evidence determined that he was inefii-
cient, neglectful of duty and guilty of
malfeaSance In Office.
In addition, the District heads state,
by reason of the recent testimony given
by Mr.. Kalbfus before the House District
committee, the Commissioners found and
determined that he was inefficient, neg
lectful of duty and guilty of malfeasance
in Office.
Among the statements contained in the
answer of the Commissioners are that
Mr. Kalbf,ls has been unfaithful to his
public trust in and by speculating In real
estate while such assessor, contrary to
the public interest: that the Commits
assessor the said Kalbfus should not
have engaged in said speculation while
holding said Office and that, in addition
to engaging therein. he. said Kalbfus
quiesced in the reduction of the assess
ment on real estate owned by him or in
which he was interested below the as
sessments of property in the same neigh
borhood owned by private persons"
'.These atlantis" continues the motion,
ION investigation found that the said
KaIbfus had been guilty of inefficiency
in Office, neglect of duty. malfeasance
In office in that he had injuriously af-
fected by his acts as assessor the in
terests of said District before the said
committee, and has convinced said COM
mittee that he was united to hold
public Office, and has been grossly in
competent, inefficient and neglectful Of
his public duties and had been guilty OF
malfeasance in office
Injurious to Commissioners.
"Afiants, acting as a board, found and
determined that their own adm;nistra-
ton as Commissioners was injurously
affected by said acts Of said Kalbfus,
and their influence with said committee
on behalf of said District would be of
no avail were he permitted to continue
in his said office. Atlantis also found
that said Kalbfus had been fully heard
before said committee and had admitted
facts which showed him to have been an
unfaithful officer and unfit for the said
Office of assessor and inefficient and
neglectful Of his duty on his own show
ing"
In charging enae Mi. 1AaDIus was not
legally sworn in as member OF the
hoard of assistant assessors. the Com |
missioners in their answer. state that
he subscribed to an oath of Office ad- |
ministered by H. H. Darneille, as the |
then assessor of the District, who, they |
declare. was not an officer having pow
er or jurisdiction to administer any such
OATH
The filing yesterday OF mandamus pro- |
ceedings to restore Mr.. Kalbfus to Office |
is cited as a reason why the motion of
the Commissioners to have the writ of
certiorari superseded should be granted. |
It is contended by Corporation Counsel
Thomas that the writ Of certiorari has |
abated by reason Of the election of the
netitioner to proceed by mandamus.
Attorney Frank ]. Hogan. represent |
ing Mr.. Kalbfus, explained yesterday
that the mandamus proceedings were
merely supplementary to the certiorari
suit died. The hearing o, the writ cit