Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-08-28
GETS COURT ORDER
ON Commissioners
District Heads Cited to Give
Reasons for Removal of
S. 7. Kabfus.
ACTION FOLLOWS FILING
OF MANDAMUS PETITION
Required to Show Cause September
10 Why Office Of Assistant As
SCISSOR Should Not Be Restored.

Justice Wright Of the District Supreme
Court today cited the Commissioners of
the District of Columbia and the Dis
trict Of Columbia, a municipal corpora
tion, to show cause September 10 next
why writ of mandamus should not Is
sue against them in connection with
the removal from Office of Samuel T.
Kalbfus, member of the board Of as
sistant assessors. The writ requires
that cause be shown why mandamus
should not issue commanding the
vacating Of the order of August 19 and
the restoring Of Mr.. Kalbfus to his Of
flee, from which he claims to be illegally
excluded
The court order is based on a petition
for mandamus filed today by Attorney
Frank J Hogan. as supplemental to the
proceedings In certiorari filed by Mr..
Kalbfus q few days ago. The institution
Of the new proceedings may have the
effect of postponing the return of the
Commissioners to the writ of certiOrari
by which they are directed to transfer
to the court for review all the records on
which was based the order of dismissal
of Mr.. kalbfuS.
Attorney Frank ]. Hogan explained the
filing of the new proceedings. He said:
1.-THE writ of certiorari already issued to
the Commissioners by Justice Wright Will
| result III UEIHSlHS lHIO COuIl Ill VI tHC
records upon which the Commissioners
based their order attempting to remove
Mr.. Kalbfus. When those records are be-
fore the court we will ask that the pro-
ceedings before the Commissioners be
Quashed.
by the petition for mandamus we
| then expect to obtain from the court a
mandatory order. directing the Commits
sioners to restore Mr.. Kalbfus forthwith
| to his Office
| Mr. Kalbfus in his new petition points
out that after an exhaustive invesuga-
tion into charges against him which end
ed November 3, 1911. the Commissioners
exonerated him of "blame or criminality
in connection with real estate operations"
| and determined unanimously that the
charges did not prove inefhciency, neglect
of duty or malfeasance In office on the
part of Mr.. Kalbfus. Since that date, Mr..
Kalbfus tells the court no charges OF
any kind have been presented against
him or served upon him.
Notice Served by Policeman.
| The notice at his removal was served
on him. the petitioner says. by Charles
| Evans, a police officer, who announced he
was Instructed by the Commissioners to
warn Kaibfus not to attempt to come to
| the Office of the permanent board of as
| sistant assessors on the succeeding day
! or upon any day thereafter. The court
| also is advised that the next morning
/ the Commissioners stationed at the door
| of the office members of the police force
| to prevent his access to the room for
| meriy occupied by him. Mr.. Kalbfus thus
/, explains his failure to appear for duty
| which he Is willing and ANXIOUS to per-
form. He declares he wished to avoid
any possible charge of breach OF the
| peace.
| Mr.. Kalbfus says he notified Assessor
Richards by letter, dated August Il, to
| which he declares he has received no
| reply. The letter reads:
Terms Order illegal"
My dear Mr.. Richards: On the night
Of August 10 l was visited by Detective
| Evans of the metropolitan police force
i and served with an Illegal ur0er which
| purported to remove me from my Office as
a member of the permanent board Of as
sistant assessors OF this District. Tha,
! order would not have prevented me from
| reporting at the Office. and 1 have taken
| due steps to have the question of its
! validity determined by the proper tribu-
nal. But Detective Evans informed me
| that he mad been instructed by the Com
| missioners to say that l would not be
| permitted to enter the assessors Office
| or the municipal building. This letter Is
| to advise you tnat l hold myself ready to
discharge the duties of my Office and
L
| person at the office is that do not con-
/, slider it either proper or necessary to
| engage in any unseemly attempt to oc-
| cupy the office which is mine. You will
understand that l am ready for duty an
/ that ! will report at the office in person
| just as soon-as the Supreme Court of the
District of Columbia disposes of the
question which arises out of my attempt
| ed removal.
Details Previous Hearing.
Referring to the previous hearing Of the
charges against him. Mr.. Kalbfus in his
new petition says:
| October 16. 1911, the board of Com
| missioners Of the District of Columbia
entered upon a public hearing into the
| official conduct of the relator, and con-
| tinued said public hearing from day to
| day until and including November 3, 1911:
| said public hearing was comprehensive
| invest cation into the entire official career
| and all of the official acts Of the relator:
sad board Of Commissioners subpoenaed
| a large number OF witnesses to testify at
| said hearing, and there were examined,
| during the course of said investigation,
| fifty witnesses: the relator was duly no.
| titled of the holding of said investigation
! and was given opportunity to be
always protesting that the Commits
! sioners of the District of Columbia were
without power in any event to re-
| move him from office, nevertheless, the
| relator did attend said investigation,
| was represented thereat by counsel;
(, produced witnesses on his behalf, and
was Permitted, through his counsel to
crnss-examine witnesses who were called
| by the said commissioners to testify;
! the direct examination Of witnesses called
| TO testify at said investigation by the
| Commissioners or who appeared volun-
! tarily and testified was conducted by an
assistant corporation counsel of the Dis
! trict of Columbia. specially assigned to
said duty by the board of Commission
ers, and said direct examination and
cross-examination were from time to time
also conducted by the members Of the
| said hoard of Commissioners the tran
| script of the testimony and arguments
heard by the said board OF Commission
! ers at said investigation comprises more
| than 200 typewriter pages; on Novem-
! ber 9 1911 the last testimony was taken
| by said board of Commissioners at said
| investigation into the official conduct of
| the relator: on November 3, 1911, the said
| BOARD of Commissioners, at public
| hoard meeting by its then president,
publicly read its findings: the decision of
| the said board of Commissioners was
written by John A. Johnston, member
thereof and concurred in by Cuno III.
Rudolph, the then president of the board
of Commissioners. and William V. Jud-
son. the then Engineer Commissioner;
the decision was, and was announced te
be. q unanimous one"