New-York tribune., 1909-02-11
TO MAKE KNOX ELIGIBLE
Hale INTRODUCES BILL
REDUCING SALARY.
Senate Leaders BeieUe This VIII
Overcome Constitutional Objec-
ton to His Appointment.
From The Tribune Bureau. ]


Washington, Feb. 10--The excitement caused
by the discovery that Senator Knox, OF Pennsyl-
vania, would not be eligible under the Constitu-
tion to a place in Mr.. Tafts Cabinet led TO q.
number of conferences among the Senate lead
ers to-day followed by the Introduction of a
bill by Senator Hale which repeals much Of
the legislative executive and judicial bill Of two
years ago as increased the salary of the Sec
retary of State from $4,000 to $4,000 a year
This. in the judgment OF leading Senators. in
Guiding Messrs. Hale and Rayner. one Of the
ablest lawyers OF the Democratic side. will
move the obstacle in the way of Mr.. Knox's ap-
pointment as Secretary OF State. It IS prob
able that the bill will be passed by the Senate
and that the conferrees on the legislative appro-
priation bill. which is still in conference will
insert the terms OF the Hale bill In the MEASURE
before reporting it TO their respective houses
There is no opposition TO the measure I'm either
chamber. and there is reason TO believe that
any objection Will be raised to this course
AS soon he saw the announcement in the
morning papers. Senator Hale went 10 the home
Of Senator Knox. and the two were in confer
ence for some time They then came 10 the
Senate and held conference with a number of
other leaders, the outcome OF which was the IN
PRODUCTION of the Hale bill. AS soon as Sen
ators were satisfied that a way had been found
to overcome the obstacle. they gave way 10
almost irresistible desire 70 chaff the Senator
from Pennsylvania and he was made the butt
of many facetious remarks about his standing
as a great constitutional lawyer his valuable
experience as Attorney General. the great legal
ability of the President-elect and the good
fortune of the country In having at its head two
such able students of constitutional law. He
took it all in good part. and even promised to
play the host az dinner to some of his col
leagues who chaffed him most severely.
QUESTION OF SALARY
There is still some question as to how much
the discovery of the constitutional provision
will cost the future Secretary of State. Some Of
those who construe the Constitution literally
maintain that the salary of the Secretary Of
State can be again raised as soon as Mr.. Knox
has taken the oath Of office, arguing that the
Constitution merely forbids the appointment,
whereas if he were appointed first and his sal
ary raised afterward. they suggest, there would
be no violation of the constitutional provision.
The better opinion. however. is that the salary
of the Secretary of State cannot be increased
until the expiration of the term of office as SEN
ator for which he elected. That would
mean, of course, that Mr.. Knox would forfeit the
increase of salary for two years. and that the
loss TO him would be $4,000
A somewhat anomalous result of the adoption
of the Hale bill pointed out to-day in
nectiOn with the place OF OnCer secretary OF
state which has been created at the request Of
Mr. Knox and carries a salary of $4,000. AS
Mr. Knox will be compelled to accept salary OF
SSG 600 a year, his first subordinate will draw
50 600 more than his chief. This, however. is
not likely to trouble Mr.. Knox.
There are few members of each house who
maintain that even the repeal of the law in
creasing the salary of the Secretary of State will
not make Mr. Knox eligible, but their
tention rests on the fact that the Constitution
salary has been increased and afterward de-
creased II seems improbable that the number
will grow, even if they continue to adhere to
their present view.
MR. RUSSELL THINKS COURSE LEGAL.
Assistant Attorney General Russell. to whom
the question was referred informally for
oninion holds that if Congress reduces the SAL
arv TO what it was before Mr.. Knox entered the
Senate "the case falls outside the purpose of the
law and is not within the law"
Senator Hale said to-day that th5re was no
tbought on the part of Senators OF increasing
the compensation of the Secretary of State
after March 4, 1911. when Mr.. Knox's term in
the Senate would have expired had he served
until it's close He said 1t the purpose OF
Mr. Knox to serve throughout the four years
Of the Taft administration at salary OF $4,000
a year.
HAROLD VANDERBILT LOSES LICENSE.