Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-08-21
The Assessorship Complication.

rte Commissioners should seriously
consider without further delay. regard
less of the proceedings with reference 10
their right to remove Me. haipfus'
whether they have fully complied win
the law in the selection OF his successor.
The statute on the subject requires that
members OF the board Of assessors shaii
have been bona fide residents OF the DIS
trict for at least five years prior 10 then
appointment 1t is stated that Mr. Oys-
ter has retained voting residence III
PENNSYLVANIA, and. in fact, voted III that
state last November. and II is asserted
that this renders him ineligible TO ap-
pointment to the board Of assessors not
withstanding his long continued ply sicai
residence In this District.
The law in respect to the eligibility OIL
these officials with Regard TO residence
is not Identical With that which appiies
to the civil commssionerships. In the
latter case the persons appointed must
have been actual residents of the Dis
trict of Columbia for three years next
before their appointment, and nave oui-
ing that period, claimed residence no
where else" In the case of the mem
hers OF the board of assessors it is not
specifically stipulated that they snail
have claimed residence nowhere eise
during the period of local residence
necessary to affect eligibility. Does TINS
omission render it possible for a person
who has claimed and exercised citizen-
ship In one Of the states during his phys
zeal residence in the District to be APP
pointed to an assessorship:
This question is raised not to embar-
rass the Commissioners in their reor-
SANITATION of the board of assessors, but
to prevent possible complications mere
after with reference to the local taxes.
If Mr.. Oyster is not legally eligible TO
appointment. 1t is possible that any as
sessment of District property In Whicn
he participates may later be declared IN
valid by court before which the ques-
ton is formally raised by any taxpayer.
II is far better that this matter should
be determined definitely now than later,
for an Invalidation Of an assessment on
the ground Of the ineligibilit1 OF one Of the
assessors would throw District financial
affairs into serious confusion. The. mat
ter is one for the courts to pass upon
speedily. The assessment board has
already been disrupted, and 1t is essen
tial that it should be reorganized as
promptly as possible ON basis OF per-
manence as far as the. present board OF
Commissioners Is concerned.
: Mr. Kalbfus' claim of right to continue
in Office despite the Commissioners ac-
ton in his case lays before the court
different question from that which Is IN
yolved in the matter of Mr. Oyster $
ineligibility. It follows, of course. that
if the court rules that he is still mem
Der of the board Of assessors, In the alb
sence of the power of removal on the
part of the Commissioners or on the
ground that one of the Commissioners is
not himself eligible to hold that office,
the question OF Mr.. Oysters eligibility
calls for no decision, for it follows that
If there is no vacancy his appointment
is necessarily invalid. The situation Is
unfortunate from the point of view OF
the public business, for it seriously de-
lays the WORK Of assessment. Pending
the decision of the court upon the con-
tentions of Mr. Kalbfus the Commits
sioners should 30 as far as possible IN
ascertaininG the eligibility of Mr.. Oystei
SO as to be prepared for appropriate
action IL the court should rule IN theii
favor in the case now pending.