The Washington herald., 1913-10-04
REASONS FOR
OUSTINGKALBFUS
District Commissioners Say
He Speculated in Real
Estate.
PETITION Is ANSWERED
Former Assistant Assessor Charged
with Disobeying Orders and DePriv-
ing Local Government of Revenue.

That Samuel T. KaIbfus, AZ assistant
assessor, violated the direct order of his
superiors to refrain from real estate
speculation. and that he, by under-as-
sessng his own real estate holdings
perpetuated a fraud upon the other prop
erty owners OF the District and de-
priyed the local government of revenue
due it, were the specific reasons given
by the District Commissioners for re-
moving Mr.. Ealbfus in a lengthy answer
TO the mandamuS petition seeking the
ousted officials reinstatement. This an
swer was filed by the Commissioners IN
the District Supreme Court yesterday.
In addition. il Is submitted that kalb-
fus was never a de iure assistant as
SCISSOR, the point being made that he
subscribed to an oath OF office before
II. II. Darneille, then assessor, and not
before an officer authorized to administer
oaths. and, therefore, was only de
facto assistant assessor and, AS such,
not entitled to the relief asked by man.
damus Further, the jurisdiction Of the
District Supreme Court in the case is
denied.
An Administrative Act.
It is claimed that the act of removing
a member of the permanent board of
assistant assessors is not a judicial act,
but a administrative one, and, as such,
the exclusive power repOses in the Board
OF District Commissioners and the act
is not renewable by the courts. Lastly,
Mr.. kalbfus is accused of not coming
into court with clean hands" inasmuch
as collaterally he attacks the right or
oliver P. Newman to membership on
the Board of District Commissioners.
The answer is in accordance with an
agreement reached between Corporation
Counsel Thomas and Frank ]. Hogan,
attorney for Kalbfus, whereby Mr.
Thomas withdrew a plea in abatement
and Mr.. Hogan asked for a peremptory
mandamus. Assistant Corporation CoUn-
sci Roger J. Whiteford appeared as the
sole representative of the District.
Hearing on the mandamus writ will not
come up before Friday and probably
not until later.
AnSwcr of Mr.. Newman.
To the attack on his eligibility as Dis
trict Commissioner Mr.. Newman returns
a supplementary answer. in which is de
MED the existence of reasons allowing
the court to recognize the collateral at
tack of the plaintiff upon the legality
of the respondents appointment, and
wherein this attack is declared to be
impertinent.
In the answer TO mandmus it is
stated that the findings of the Commits
sioners were based on testimony given
at hearings granted kaIbfus as a MEN,
Der of the old Excise Board October 1G,
1911, to November 3. 1871, and on evidence
obtained by the House Committee. The
Commissioners review this testimony.
their statement being, in part as fol-
lows:
''In real estate specuIations said Kalb-
fus made profits aggregatin= $3.50 in
land sold wholly or in part TO Peter \.
DrUry, and made further profits of $3.50
in mining stock sold to NJ. J. Keanc. \
:. CIapham. IT. u. DarneiIle. and one
Robbins. ECane being said Drury per
sonal attorney. DarneiIlc being the as
SCISSOR, chairman OF the Excise Board
and a director in bank, of which said
Drury was president. and OF which bank
said Clapham was cashier. The said