Kalbfus v. Siddons

42 App. D.C. 310, 1914 U.S. App. LEXIS 2279
CourtDistrict of Columbia Court of Appeals
DecidedMay 22, 1914
DocketNo. 2651
StatusPublished
Cited by4 cases

This text of 42 App. D.C. 310 (Kalbfus v. Siddons) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kalbfus v. Siddons, 42 App. D.C. 310, 1914 U.S. App. LEXIS 2279 (D.C. 1914).

Opinion

Mr. Justice Robb

delivered the opinion of the Court:

Was the relator a de jure officer when the defendants passed the order of removal ? If not, it necessarily follows that he has no standing here. The act of August 14, 1894 (28 Stat. at L. 282, chap. 287), under which the relator was appointed, required each person appointed as a member of the permanent board of assistant assessors, within ten days after receiving notice thereof, to “take and subscribe an oath to diligently, faithfully, and impartially perform all and singular the duties imposed upon him by this act.” And if any appointee should fail to qualify as aforesaid within the time prescribed, or should fail to enter upon the discharge of his duties within fifteen days after such qualification, the appointment was declared void, and « [315]*315it was made the duty of the commissioners forthwith to make another appointment. Section 9 of the act provided that the assessor of the District, an office already in existence under prior statutes, and the said board of assistant assessors, with the assessor as chairman, should compose a board of equalization and review. Section 13 authorized “the assessor of the District of Columbia and each member of said board of assistant assessors, in the discharge of any of the duties devolved upon him or them, or the board of equalization and review, to “administer all necessary oaths or affirmations.” The section- further authorized the assessor, or in his absence the temporary chairman of said board, to summon the attendance of any person before the board, to be examined under oath touching such matters and things as the board of assistant assessors or the board of equalization and review might deem advisable in the discharge of their duties.

Under said act of July 1, 1902 (32 Stat. at L. 617, chap. 1352), it was made the duty of the assessor to designate three members of the permanent board of assistant assessors for the assessment of real estate, and two other members to compose a .board of personal-tax appraisers. The five members of said permanent board of assistant assessors, together with the assessor as chairman, were constituted boards of equalization and review of real estate assessments and of personal tax appeals. It was further provided that the assessor should “act as chairman ex officio, of the several boards aforesaid.” The two members of the permanent board of assistant assessors designated by the assessor to assess personal property were required to do so “under the direction and supervision of the said assessor.” The act further provided that the board of assistant assessors, with the assessor as chairman, should compose a board of personal-tax appeals, and further that “such board of assistant assessors shall also perform such other official duties as may be required of them by the assessor of the District of Columbia.”

Not only did the relator take an oath of office before the assessor, but each of his associates did- so. This oath was filed by the commissioners, the relator entered upon the discharge of [316]*316liis duties, and more than nine years elapsed before any question whatever was raised as to the authority of the assessor in the premises. Even when the defendants passed their order of removal, they did not question that relator was a lawful holder of the office from which they attempted to exclude him. While, of course, this is not conclusive, nevertheless, such a contemporaneous interpretation of the statute long acquiesced in ought not to be disturbed unless clearly wrong. National Wall Paper Co. v. Platter & R. Co. 24 Wash. L. Rep. 650. Under the Acts of 1894 and 1902 several boards were established, composed in each instance of assistant assessors and the assessor, and in each instance the assessor was made chairman. The assistant assessors were subordinate to, and, in thé main, subject to the direction and supervision of the assessor. His office already was in existence, and in view of the well-known policy of Congress to allow a principal to administer the oath of office to his assistants (as for instance under the act of August 29, 1890, 26 Stat. at L. 370, chap. 820, authority is given the chief clerks of the several executive departments and of the various bureaus and offices thereof “to administer oaths of office to employees required to be taken on their appointment or promotion”), and'that the assessor was empowered to “administer all necessary oaths or affirmations,” we think the above administrative interpretation not unreasonable. Moreover, by sec. 1758, Rev. Stat. U. S. Comp. Stat. 1901, p. 1202, the oath of office of any person appointed or elected to any office of honor or trust under the government of the United States “may be taken before any officer who is authorized by the laws of the United States, or by the local municipal law to administer oaths, in the State, territory, or District where such oath may be administered.” The assessor of the District of Columbia was authorized to administer oaths, and it well might be held, if-any doubt otherwise existed, that this statute enlarged his powers so- as to qualify him to administer oaths of office. A different conclusion on this point might invite an attack upon the validity of the many assessments made by the board of which the relator was a member. Parker v. Overman, 18 How [317]*317137, 15 L. ed. 318; Martin v. Barbour, 140 U. S. 634, 35 L. ed. 546, 11 Sup. Ct. Rep. 944.

As to the second contention, that the relator did not take the oath of office within ten days after receiving his appointment, little need be said. The requirement that he take the oath within ten days after receiving notice thereof was coupled with the further requirement that he enter upon the discharge of his duties within fifteen days after such qualification. Inasmuch as his appointment was not to take effect until July 1st, had he qualified in May, as defendants now contend he should have done, his appointment necessarily would have been rendered void fifteen days thereafter; for in the nature of things he could not have entered upon the discharge of his duties while the office was filled by another. Giving this statute a reasonable construction, one that will not defeat its obvious intent, it is plain that the relator qualified and entered upon the discharge of his duties at the earliest possible time; namely, when his appointment took effect. .

While the act of 1894 required assistant assessors to take and subscribe an oath diligently, faithfully, and impartially to perform the duties of their office, we think the oath which relator took was a substantial compliance with this requirement, for he therein swore to support the Constitution of the United States and faithfully discharge the duties of his office. He could not faithfully discharge those duties if he was not diligent and impartial. To be faithful one must be true and constant in the performance of duty, and exact in attending to commands. Century Dictionary. Mr. Dillon, in his work on Municipal Corporations, vol. 1, 5th ed. sec. 395, says that “where the statute requires a prescribed oath of office before any person elected ‘shall act therein,’ a person cannot justify as such officer unless he has taken an oath in substantial, not necessarily literal, compliance with the law.” See also State, Wilkinson, Prosecutor, v. Trenton, 35 N. J. L. 486.

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Bluebook (online)
42 App. D.C. 310, 1914 U.S. App. LEXIS 2279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kalbfus-v-siddons-dc-1914.