Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-06-16
Post of Assistant Assessor,
Restored by Court, Is VOL
unfairly ReIinquished.
E. w. OYSTER APPOINTED
TO FILL THE VACANCY
Commissioners Refuse Payment Of
Salary to Kalbfus for Period
of Enforced Retirement.

Constituting his restoration to the office
of assistant assessor of the District OF
Columbus through writ of mandamus
issued today by the District Supreme
Court as complete vindication of his
record as public official. Samuel T.
Kalbfus less than three hours after his
reinstatement. submitted his resignation
to the Commissioners shortly before l
o'clock this afternoon.
E w Oyster. who was appointed to
succeed Mr. Kalbfus. following his dis
missal from the District service August
10 last year, was Immediately named to
fill the vacancy.
Demand was made upon the Commits
sioners by Frank J. Hogan, attorney for
the former official. dating from August
19 1919. This was refused. Suit prob
ably wiU be instituted to recover the back
payments, which are understood to ap-
proXimate S2,lJo
Developments in Rapid Succession.
DEVELOPMENTS In the Kalbfus contro-
versy today came in rapid succession
First the writ of mandamusissued by the
District Supreme Court was served on the
District Commissioners. Shortly after
in compliance with the writ, officially re-
storing the deposed ex-official to member
ship on the board of assistant assessors.
Mr.. Kalbfus appeared at the District
building shortly after 10 o'clock and re-
sumed his old seat. which has been occu-
pied by Mr.. oyster since last August.
He was the recipient of congratulations
from many of his former associates.
Shortly before L O'Clock Mr. Hogan ar
rived on the scene and personally con-
al resignation
Commissioners. who. at the time, were IN
session in the office of Commissioner
Newman.
No comment was made by the Commits
sioners on the resignation of Mr.. kalb-
fus. They stated that his demand for
back pay had been filed.
Duplicate Demand Upon Cashier.
!, salar;- demand, similar to one present
cd to the District heads. also was served
or Louis q. Wilson. disbursing officer,
who likewise refused to honor it.
u is understood that no salary pay
meuts have been made to MIR. Oyster
sir"- the decision of the Court Of Ap,
reals holding that Mr.. Kalbfus had
been illegally ousted from Office.
:'ince his enforced retirement from
The District service, nearly year
ago. Mr.. Kalbfus has engaged in the
re-,i estate business. He stated this
afternoon that it is his intention to
continue in this business.
Explains His Resignation.
Immediately following his resignation
Mr.. kalbfus gave out statement attrib-
utiLg his withdrawal from the Office to
which he had been restored to the fact
that it would be impossible for him to
work in harmony and accord with those
at present temporarily in charge of Dis
trict affairs He said:
Il have today voluntarily severed my
connection with the public service of
the District of Columbia. after having
been more than twenty-eight years con-
tinuous'y in that service.
'In 1911 one Horstmann filed with the
Cor rlissoners charges efectin~ NV of
fetal conduct. From October 16 to No
venher 3. 1911. the then Commissioners
conducted public hearings, during which
my entire official career was searching
" investigated These hearings were
under the great white light of press pub
licity. On the last mentioned date the
board unanimously vindicated me and
terminated my trial by words of high
commends ton in which I was referred
10 as an official "oe proved integrity
who in my official capacity had acted
with conmendable wisdom in all matters
pertaining TO my official duties.
Members of the Board.
The board of Commissioners that thu,
disp"scd OF the only charges ever made
Rgains. me was composed Of Cuno II.
Pudoiph. Gen. John A. Johnston and
oil William v Judson. What more
rouid any man ask than vindication and
connmendatton from citizens of so high
type and officials of so splendid a pub
&c record as these three? What otber
fnk 10
he satisfaction of a complete acnuittaJ
roning from the three gentlemen I have
banned after thorough, fair and i'm
partial trial?
Order for Removal,
'on August 10. 1919. in the night time,
he present board Of Commissioners c,oI
Harding being absent from the city and
aking no parD passed an Illegal order
attempting to summariIy remove me
rom the Office OF assistant assessor
which had held since 1901 The order
was violative of the plainest princinJas
bf law 1t was passed without previous
notice TO me and without even the nre-
ense OF hearing. 1t was, therefore
also violative of the plainest princinles
Pf justice and American fair play. The
httempt to remove me followed a farcical
ko-ca!led investigation into District of
Columbia affairs conducted by few
members of the House District commit.
Zee l had been hailed before a portion
pf that committee as witness. and had
he 'emerity to defend the two-thirds
ak assessment method, and to main
ain my official and personal integritv
The attempt to dismiss me followed
Sustained by Court.
Il appealed to the courts. The Copr,
'f Appeals of the District, in a sween,ne
lecision, has sustained every contention
put forth in my behalf BY their ner-
fmptory mandate. I have been restored
o my office. just as in 1911 the Com
nissioners upheld my official course 90
y 1914 the Districts highest judicial
tribunal has completely vindicated the
egality Of my position.
Il believe that the people OF this Dis.
rict are entitled to have their municipa
fairs conducted by officers who work
harmony and accord. 1t would not be
ossible for me to work in harmony with
hose at present temporarily in charge
District affairs. Conscious OF tht
ectitude OF my Official life, happy over
he failure to illegally and arbitrarily de.
rive me of my office, content with the