Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-08-21
d. c. HEADS MUM
KALbFUS CASE
Make No Statement as to
Course Likely to Be Fol-
lowed in Fight.
new DEPUTY ASSESSOR
TAKES UP HIS DUTIES
Vacated Desk Pried Open and Mr.
Oyster Starts Work-"We Should
Worry" Is Officials Attitude.

While refusing to indicate what may
be the next move of the Commissioners
in the legal fight growing out Of their
removal Of Samuel T. Kalbfus as a
member Of the board Of assistant asses
sors. Corporation Counsel Thomas to-
day made It plain that he is not wor-
ried by the attempt of Attorney Frank
J. Hogan, representing Mr.. Kalbfus, to
attack collaterally the eligibility of
Oliver p. Newman to serve on the board
of District Commissioners.
In his petition for a writ OF certiorari.
which yesterday was issued by Justice
Wright Of the District Supreme Court. At
torney Hogan referred to Mr.. Newman as
alleged" Commissioner and declared that
he holds his present office unlawfully. The
allegation is based on the contention that
Mr.. Newman is not a resident of the Dis
trict within the meaning of the law gov
erning the appointment of Commissioners
Views Previously Expressed.
Corporation Counsel Thomas. in an in
terview published in The Star at the time
the confirmation Of Mr.. Newman's ap-
pointnent was under consideration by
the Senate, expressed the view that. In
the event OF Mr.. Newman being made
Commissioners, his acts as such could not
be attacked collatATnlly in court on the
charge that he was Ineligible to serve in
that capacity. This opinion he re terated
today, the corporation counsel taking the
position that the legality Of Mr.. New
mans acts as q Commissioner de facto
cannot be questioned.
The same line of reasoning Is applied
by Mr.. Thomas to the case of E. w.
the Commissioners
to succeed Mr.. Kalbfus. whose eligibility
to serve as an assistant assessor has been
questioned because OF the fact that ne
maintains a veting residence in the state
of Pennsylvania.
, 1t has been suggested to the District
heads that II any doubt as to the eligibii-
tty OF Mr.. oyster to serve on the board
exists the matter should 5e cleared up
now, before the new ofacial signs the
assessment rolls or dischargeS osner
be contested in the court 1Mr. Thomas
opinion is that az Mr. Oyster is an. as
sistant assessor de facto his acts as such
are legal.
Regarded as Bona Eide Resident.
The Commissioners today stated that
they consider Mr.. Oyster bona fide
resident Of the District Of Columbia;
within the meaning Of the law govern
ing the appointment OF assistant as
SCISSORS. This is a question. they stated.
which they investigated before making
the appointment.
1t may be several days before the Com
missioners reply to the writ of certiorari
issued by Justice Wright. There are
several forms Of answers which may be
made. but no intimation has been given
by the District heads as to what action
they will likely take.
II can't say what will be the nature Of
the reply to be made by the Commits
sioners, but you can quote me. II you
like to t,e effect that the Commissioners
had abundant grounds for their action In
removing Mr.. Kalbfus from Office" stated
Mr.. Thomas. In answer to An inquiry as
to what will be the next move Of the Dis
trict officials.
Detectives Are Absent
Detectives, who yesterday guarded the
entrance to the assessors Office. were not
in evidence today. Mr.. kalbfus has not
been at the municipal building since re-
ceiving the notice Of his dismissal from
service. Carpenters opened the desk
which Mr.. Kalbfus locked when he left
the Office Tuesday afternoon, and this
article of furniture has been placed at
the disposal of Mr.. Oyster. who arrived
at the office early this morning to begin