Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-09-20
Is Mr.. Oyster Eligible

- ~ 49,
The law IN the state Of Arkansas pro-
vid.S thdt officers acting in the assess
meut - property for taxation must take
certain form Of oath and must file
that oath within q certain time. The
supreme Court Of the United states has
In two eases ruled that assessments par
ticipated in by officials VINO failed TO
meet these requirements We're void and
that property could not lawfully be sold
for non payment of taxes thus assessed
Notwithstanding that the assessing Off
cia!s were de facto" in the exercise of
all their functions throughout their terms
81 office
The law In the District Of Columbia
provides that TO become an assistant as
SCISSOR a man must have been for five
years prior TO his appointment bona
ade resident of the District. An assist
ant assessor who is not a bona ttde resi-
dent" Of the District stands with refer
cnce 10 the Law in the matter of validity
OF assessments participated in by him
precisely a did the two Arkansas Off
cialS whose assessments were invali-
dated By the United states Supreme
Court because. although otherwise eligi-
BILE they failed technically TO qualify.
Ii is an axiom Of the law that the
greater includes the less. and surely an
Official who is not legally qualified 10 take
an oath through lack Of bona fide resi-
denre. cannot qualify himself by taking
The proper oath
As 10 the attitude of the United States
Sup-eme Court in the case of Mr.. oyster
nj the validity OF his assessment of
property. no one has a right to make
any definite statement. The court alone
can frame its own decisions. But the
court is always guided by principles,
which may have been defined in prior rul-
iEca and the only prior rulings in matters
OF assessment validity indicate that the
court holds 10 a rigid compliance with
the statutes in all details regarding taxa
ton. That il would regard initial in
eligibility as disqualification equally
with failure to observe the technical rou-
tine OF oath-taking and oath-filing pro-
cedure is not only fair but veritably
an unavoidable conclusion.
However that may be, The star insists
that the District Commissioners should
avoid all risk Of assessment invalidation
and settle as definitely as possible with
out delay the question of Mr.. oysters
eligibility. If he is by a competent au-
thurIty declared not to be a bona fide
resident within the language of the
statute his appointment is invalid and
another man must be named. If he is by
such an authority pronounced eligible to
hold this office the Commissioners are
justified in retaining him in his position.
Why not then call for an authoritative
opinion on this question? Why wait until
some tax-resisting property owner raises
the issue in court?
The Star is in no way or degree inter
osted in Mr.. Kalbfus. and is not calling
attention to the statutes and the deci-
sions in the hope of seeing him restored
10 office. As a matter of fact. il has not
the slightest concern i'll his ease. 1t is,
however keenly interested to see the law
respected by the Commissioners and the
validity of the tax assessments insured.
1t views as possibly unfortunate the OBJ
vious disqualification of Mr.. oyster from
holding an office which he is by reason of
long study of the subject of taxation
qualified TO FILL Nevertheless there
stands tho law which as to this particu-
lar position requires bona tide residence
in the District; there stands the fact that
Mr. Oyster is and has for many years
been "A voter in Pennsylvania: there stand
INV 81 iHS IHStflct courts I'M
reversed by higher authority. to the effect
that man who votes III a state cannot
AT the same time be bona fide resi-
dent of the District
TIE statute may be unfair In thus spec
flying five years bona fide residence as
condition Of qualification as assistant
assessor. The rulings Of the courts that
voting IN a state bars Il man from such
District resident may be severe. Blu,
there they are and while they re.
main unchanged they govern the case
and II is the duty of the Commissioners
- respect them however great may b.
the loss u the District in the matter Of
any individuals services.
The star repeats the question which lies
a. the root ~ this ease. the question
6tieh the commissioners should refer
f"r answer - the corporation counsel
the officer designated by law 10 ad
Nlse the commissioners in the inter
pretation ana observance ri the statutes
j. Edward ". Oyster eligible uude,
the In" 10 hold the office Of a membe,
~ the board of permanent assessor.
Of the District of toIumhia.