Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-11-14
Mr.. Kalbfus in Court.

present
ana heard the testimony given against
him
Chairman Newman was the first Of
the commissioners 10 be called to the
witness stand by Attorney Hogan. The
Commissioner admitted he had signed
the order dismissing Mr. Kalbfus. On
cross-exalnination by Mr.. Syme. Com
missioner Newman gave his reasons for
wishing the removal of the assistant
assessor.
He stated to the court that he read the
reports of the testimony and from them
reached the conclusion that Mr. Kalb-
fus was specializing in real estate Such
speculation, he claimed was unbeconling
Ill an assistant assessor, and amounted
in the opinion of the witness to neglect
of duty and malfeasance in office
When the witness was asked if the
testimony before the committee of Con-
gross disclosed any improper acts by
Mr.. kalbfuS as n member of the excise
board. Mr.. Hogan objected
The attorney for Mr.. kalhfus sug-
gested that the principles of law for
bid the removal of a person from an
ONCE Tor acts committed in a previous
term of office
Interrupting. Judge Barnard sug-
gested there had recently been a. case
IN New York in which governor had
been impeached for acts committed be-
lore ne became governor. This refer
ence 10 the SulZer case by the court
called forth laughter from the crowded
courtroom
Could Not Retain Mr.. Kalbfus.
MI Newman said after consultation
with his associates he came TO the con
ciusion that the further retention of Mr..
haipfus was 'unthinkable and intoler-
able The witness said the Commission
ers could not Justify themselves in re-
manning in Office if they longer retained
| Mr.. kalbfus"
eoi. Harding followed the president of
| the BOARD on the witness stand He had
| no knowledge of any hearing ever being
| accorded Mr.. kalbfus before the removal
/ of the assistant assessor
| Frederick l.. Siddons, the third member
! of the board. also testified He knew of
i no hearing given Mr.. kaibfuS Assjstan.
! Corporation Counsel Whiteford conducir,,
l the examination of Commissioner
/ Siddons. In answer To Mr. N-hiteford
| Commissioners Siddons told of his perusaI
of the testimony taken before Il previous
board of Commissioners and the evidence
given before the House committee lie
| reached a conclusion similar to his asso-
/ clates that Mr.. kalbfus was inefficient
i neglectful fduty and was guilty If
malfeasance In office, the witness stated
Tells Of Clients Vindication.
| Attorney Hogan opened the case for
Mr.. kalbfus with a detailed statement of
/ the assistant assessors promotion in 1901.
after having been nearly twenty years in
| the District service: he reviewed the
/ Horstmann charges and the trial OF Kalo-
fus before the board of Commissioners in
| 1911. resulting. he said not ONLY in an
acouittal. but in a sweeping yindication
| OF his client
Air. kalbfGs. said the attorney. "on
November ). 1871. went forth from the
| commissioners boardroom with Il com
piete acqulttal and with words of high
commentator on his public services
from the board OF Commissioners Mr.
| Hogan charged that the present boaro
Of commissioners had without any
new charges being presented on the
old evidence, and without even the for
| nlality OF a new trial, summarily and
arbitrarily attempted to depose tn.
assistant assessor. not only in a manner
/ contrary 10 law, but Niolativ, Of the
plalnest principles Of common justice
Attorney Hogan referred TO the defense
made BY the Board OF Commissioners. ia
the erect that l>albfus had not been de-
prived OF a hearing. but had been accord
ed a fun hearing last summer by the
House District committee. The hearing
contemplated by law. said the attorney.
''tefore assistant assessor can lie de-
prIveG of his onice one before the
board of Commissioners. as the tribunal
empowered 10 remove from office il is
absurd to claim that that hearing might
be before q subcommittee of committee
OF Congress.
THE Car Of Russia had as much iuris-
diction TO try l<albfuS as had the Dis
trict committee of the House Nor is that
all: The hearing contemplated py law is
"A fair and impartial trial. with opportlin-
ity to be fully heard in one 5 own behalf
10 he represented by counsel and 1,
have the privilege OF examining witness.
4 .v..sk II u