Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-05-24
Probably Will Contend Com
missioners Cannot Give Him
Impartial Hearing.
COULD ARGUE HE HAS
BEEN ACQUITTED ONCE
Interest Centers in Steps Assistant
Assessor May Take to Re-
cover Salary.

Samuel T. Kalbfus. deposed member Or
board OF assistant assessors of the rl>
trict or Columbia. who the Court of Al
peals has declared was Illegally removed
from Office. may never be called upon =,
DEFEND before the Commissioners hi
right TO continue as member OF IT,.
board
That legal steps will be taken by NJ
kalbfus' counsel TO prevent his benz
brought to trial on the ground that the
Commissioners are not qualified 10 GiV'
him fair and impartial hearing and 8
the additional reason that a person can
not twice be tried on charges on whic'
he has once been acquitted was the view
expressed yesterday by attorneys ami
others who have followed closely develop
ments in the case.
Because of the absence from the city
yesterday of Frank J. Hogan. attorneE
for Mr.. Kalbfus, nothing definite could
be learned OF the plans that may be con
templated for a full restoration to NJ.
Kalbfus of his rights as an assistant as
SCISSOR of the District
Plan to Prefer Charges.
While the Commissioners stated that
they have not taken up the matter. II
was learned that they have informally
determined to bring Mr.. Kalbfus to trial
on formal charges that will be preferred
as soon as the legal technicalities Incl
dent to his resuming his duties at the
Municipal building have been perfected.
It was pointed out by those who believe
the District heads will be thwarted in
this effort that the Commissioners. IN
defending before Justice Barnard their
action in removing Kalbfus without Civ
ing him hearing, stated. in effect that
a. hearing would have been farce, as
the justification for the ousting OF the
assistant assessor was too apparent to
require a trial.
BY these statements the Commissioners.
it is commended, have indicated that they
are not qualified to give kalbfus an inn
martial hearing, as they have already
judged his case.
Again, 1t is suggested. the congressional
investigation of the assessors once
brought out no new facts tending TO prove
Kalbfusf guilt of charges Of which he WAS
acquitted at a formal inquiry. conducted
by the former board of Commissioners
For this reason, the right of the present
board to again try him on these charges
is doubted -,
not attempt to take his seat until q
court order requiring the Commissioner
to surrender it to him has been issued.
1t may be a couple of weeks before the
order is issued.
Speculation as to Salary.
In the meantime speculation promises
to center particularly in the question
of whether the new triennial assess
ment has been invalidated by the ruling
in the Kalbfus case. Another phase OF
the situation in which there is much
interest relates to the steps that may
be taken by the assistant assessor L"
collect his salary for the period during
which he has been kept from his office.
His remuneration for the ten months
that have elapsed since his removal
will amount to $500.
Despite statements yesterday by COM
missioner Siddons. Assessor Richards
and other District officials that they
did not believe the kalfbus ruling
could in any way affect the validity OF
the assessment, many persons outside
the local government service We're m
clined to take a different view Of the
matter Predictions were freely made
that the assessment would be contest
ed It was suggested that the only way
in which the Commissioners could meet
the situation would be to petition Con-
gress for reassessment act.
Concerning the claim for his salary.
Mr. kalfbus, it was stated. could en-
deavor to recover the amount by suing
the District, which is municipal cor
poration.