Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-09-10
PLEA IN BAR FILED
TO KALbFUS' SUIT
District Commissioners AIIege
TW0fOId Nature of the
Litigation.
COURT DEFERS HEARING
RULE RETURNABLE TODAY
Progress of Proceedings Begun by
Deposed Assessor for Recovery
of Office.

Inc District Commissioners object to
the twofold nature of the litigation in
stituted against them by Samuel T. Kalb-
fus, depOsed member of the permanent
board of assistant assessors to secure his
reinstatement. Accordingly they filed to-
day in the District Supreme Court a plea
In abatement to the mandamus proceed
ing, on which a rule issued by Justice
Wright was returnable today. Hearing
on the matter was continued Indefinitely
Following the dismissal of Mr. kalbfus
last month, Attorney Frank j. Hogan Sc
cured from the court a writ of certiorari
requiring the transmittal to the court by
the Commissioners of all the paperS on
which were based the removal of the
assistant assessor. Before the ComnIs-
sioncrs had answered this writ, Attorney
Hogan. on behalf of Mr.. kaib fus. inst,-
tuted proceeding In ynandamus to COM
pei the reinstatement of Mr.. I&alhfus.
corporation Counsel's Plea.
Corporation Counsel Thomas appeared
before Justice Stafford today in response
to the rure issued on the mandamus peti-
tion, and in behalf of the Commissioners
filed plea to abate that proceeding on
the theory that the first suit in certiOrari
prevents the institution Of mandamus
Mr.. Thomas claims tne writ of certiorar
was obtained for the same causes set
forth in the mandamus proceedings, in
wolves tne same Parties and is subject to
the same defenses. He also points out
that the former action is still pending
and undetermined in the court.
As Attorney Hogan has five days, un-
der the law. to determine on his action
In reference to the plea in bar, the
hearing on the matter, as stated, was
postponed indefinitely. When counsel
Wy. al hfllc hoe i<,tv1 h.
plea day for argument will be set by
the court and a determination made
whether Mr.. kalbfus must proceed in
certiorari or may prosecute a double
barref proceeding to test the right OF
the Commissioners to remove him from
office.
Citation Of Authorities.
Speaking Of the authorities support
ing the position taken by the Commits
sioners, Corporation Counsel Thomas
said he found United States Supreme
Court case which held that the institu-
tion. Of the second proceeding was tanta-
mo4nt to an abandonment Of the first,
and that the first suit operated as q bar
TO second proceeding.
In the response filed today by the Com
the testimony of Mr.. Kalb-
fus before the House investigating COM
mittee is set forth, as is also the claim m
made by the respondents, that they, act
ing as q board, found and determined
that the former assistant assessor had,
in the conduct of his office, convinced
the members of the House committee
that he has been ''unfaithful to his pub
lie trust In and by speculating in real
estate while such assessor, contrary to
the public interest
Other claims Identical with those named
in the response to the certiorari writ re
Incorporated iii the statement accom-
panying the plea.
ASK Courts Decision
The Commissioners in conclusion pray
4 decision from the court whether or not
Mr.. Kalbfus is entitled to have an an
swer to his petition for mandamus made
by the District authorities.
The plea is signed by Commissioners
Newman. Siddons and Harding, by
Mark Brooke. acting Commissioner at
the time of the removal of Kalbfus.
and in the name of the District of CO.
lumbia by 0. 2. Newman, president Of
the board of Commissioners.
When asked his opinion of the re-
suit of the plea. Attorney Hogan said
Tho plea docs not touch the merits
OF the case and involves only tech
nical matter of procedure. We will
meet the question probably on the first
motion day after the court conyenes
iii October.