Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-02-11
HALE BILL DISCARDED
Senator Clark Directed to
Prepare a New Measure.
AVAILABILITY OF KNOX
Seeking to Make Him Eligible to the
New Cabinet.
COMMITTEE IS NOT UNANIMOUS
Two Of the Members Doubtful About
Propriety of Proposed Action,
But Will Not Oppose It.

The remarkable spectacle was presented
today of great committee Of the Sen
ate. composed of men learned in the Law
and the Constitution. gravely ponderine
and reaching conclusion upon how tt
make one man available for appointment
10 high Office. AS practical and notable
instance of the office seeking the mar
this was about the extreme. The question
involved was how to make Senator Knox
met. having been found barred by the
Constitution. as he voted for increase OF
salaries of members of the cabinet.
The committee on judiciary met today
in special session to consider the bill in
troduced yesterday by Senator Hale. The
measure was discussed from the point OF
view that it might be regarded as sub
terfuge and a technical violation of the
constitutional provision intended to pre-
vent the creation of lucrative positions
for members of Congress. Finally. it was
decided by the committee that the main
proposition of the Hale bill. which was
to repeal the increase of salaries OF
cabinet members so far as it referred tC
Secretary of State, was sound. The
phraseology of the bill, however. met with
criticism, and it was decided to draft a
new measure and Senator Clark was in
trusted with it's preparation.
Senator Clark's Substitute.
Senator Clark reported the substitute
bill to the Senate late this afternoon. The
first section repealed that part of the sal
.ary increase bill of 1907, relating to the
annual compensation Of the Secretary of
state uhd nxes his pay at $500.
! Section = provides that on and after
March 4. 1909. there shall be no emolu-
ments attached to the Office Of Secretary
of State other than those in force on the
List day Of May, 1904, and which belongs
and attached to that office.
Section provides that this act shall
take effect March 4. 1909.
The new bill, in accordance with the
views OF the committee. uses the
word ''emoluments" instead of salary"
In order to be in harmony with the
language Of the Constitution.
Committee Not Unanimous.
1t developed during the session that
the committee was not unanimous in
regard to the question of whether it
would be possible to repeal the salary
increase provision so as to make Sen
ator Knox eligible for the Office. Sena-
tors Kittredge and Overman seemed 10
be in some doubt as to the prOpriety OF
taking this action, but they will not
make minority report, and 1t is said
they will not oppose the passage of the
bill when it comes up on the floor of
the Senate
Senator Rayner Positive.
Senator Rayner of Maryland, MEM
ber OF the committee, said after the
,meeting that he entertained not the
slightest doubt that the bill reported
by the committee would be effective and
would not impair the spirit or letter of
the Constitution. He could not see, he
said, how any objection could be found
TO the bill to the attainment of the
object it contemplated.
He added that he had gone over care
fully the details of the original debates
upon this clause of the Constitution,
and he was assured that the course of
Congress in enacting this bill into law
would be in thorough col.sonance with
the spirit and intention Of the trainers
Of the Constitution. He said he would
favor the bill on the floor of the Senate.
Speculation as to Declination.
An interesting feature Of the case today
vas the speculation as to whether Sena-
tor Knox might not put an end to all
the discussion by refusing to be the bene-
ficiary Of the legislation. Some senators
thought that Senator Knox, in the event
OF decided and outspoken objection to the
bill or the expression of opinion to any
extent that his acceptance of the portfo-
l!o Of State would be questionable in the
circumstances, might announce his in
Iention to remain In the Senate.
1t Is well known to his friends that he
accepted Mr.. Tafts tender of the place
with some reluctance. He prefers the SEN
ate, when 1t comes to his personal choice
The emoluments of either office are
neither here nor there. He could worry
along, with rigid economy, the few
hundred thousands or so that he has un-
der the left-hand corner of the heart
But the best opinion among his friends
today was that Secretary Knox will not
be captious about this affair and will
meet the wishes of Mr.. Taft and be guild
ed by the judgment of his fellow sena-
tors
There is one thing said to be certain
however, and that is that If the consid-
Grafton of the bill in either house should
divide on party lines. or that If any par
tisanship is displayed in the debates. Sen
ator Knox will take instant cogniZance
Of 1t and act accordingly. His friends
say that the bill will have to be passed
as the best judgment of both parties be-
fore he will become its beneficiary.
Would Affect Weeks.
In connection with the gossip concern
ing .his case current about the Capitol
today 1t was pointed out that the Incl
dent bears upon the reported cabine,
prospects of Representative Weeks OF
Massachusetts. He has been mentioned
for the Navy If Meyer was not selected
or perhaps for the Treasury. In even,
of either appointment he would have tc
be relieved of ineligibility for the salary
increase bill was passed during his term
of service.
Taft Declines to Comment
Special Dispatch to The Star.
L. S. s. BIRMINGHAM, at Sea- Feb
ruary IL, via Naval Station. New Or
leans, La. February 11.-Mr. Taft de-
.lined today to make any comment or
the question Of Senator Knox's eligibility
TO the portfolio of Secretary of State
Ii was announced that he might have
something to say after he landed at New
Orleans The situation does net appear
to worry him any.