Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-02-11

RECENT SALARY INCREASE
CAUSES SERIOUS HITCH
Inhibition of Congressman Ac-
cepting Office the Pay of
Which He Helped Raise Of
fers Serious Complication.

| by Morning journal special Lensed WlrsI
Washington, y g.. Fob. l0.--Fol-
lowing close upon the discovery that
senator phllander c Knox could not
without violating a provision OF the
constitution OF the United states ac-
eept the state portfolio In the Tart
cabinet the senate today took PROMPT
action to remove tho constitutional
objection
senator Hale introduced a resolu-
tion which WAS referred to the COM
mittee on judiciary providing that the
salary OF the secretary Of state be
reduced from $1,000 to IS 600, the
figure al which It stood before It was
Increased. along with those Of all 9TH
er cabinet officers two years ago
In View Of this resolution, Assistant
Attorney General Russell held that II
congress restores the salary the ease
falls outside the purpose OF the law
aud IL not within the law
Mr Russell said;
1t II well recognized principle
Of construction frequently applied by
the supreme court to the constitution
that "A thing may he within the letter
aad yet without the law ana vlce
versa IN the decision ol ths legal
tender case the supreme court said:
Nor can II be questioned that when
investigating the nature and cxtont OF
the powers conferred by the consti-
tuition upon congress II IL Indispensable
to keep in viow tho objects tor which
tness powers were granted We do
not expect to find In a constitution
mi 1fI iA nm NJ It.I l,sl.a
and comprehensive
Is the general purpose Of the Lam
guaee or section slx such that to pro.
hibt an appointment under those
circumstances comes within that pur-
pose or on the other hand does tho
suggested appointment fan outside of
the purpose and therefore outside OF
the law? An examination OF COM
mcntarics on the constitution and af
the debates In the convention which
framed il. leave no doubt that the
purpose and the sole purpose, of para
graph two, section six. article one.
was to destroy the expeo tntion "A rep
rcsentativc or senator might have
that he would enjoy the newly cree
atod office or the newly created
emolnments.
The reason why the trainers of the
constitution sought to destroy that
hope was 70 prevent the vote OF the
representative or senator from being
infleuneed by il II the increase is
made or continued the representative
or senator can not br appointed, II.
on the other hand. II is made ana
then unmadc, he can not get or hope
for anything more than If there had
been no such increase.
"ln my opinion, therefore. the case
presented falls outside of the purpose
of the law and is not within the law"
Senator Hale said today there Is no
thought on the part of the senators
Of increasing the compensation OF the
secretary Of the state after March 4.
1911. when Mr. KnoNs term In the
senate would have expired had he
served until its close. lie said II is
the purpose of Mr. Knox to serve
throughout the -four years of the Tart
administration az snlary OF $4,000.
The facts in the case are perfect
~ plain There is no dispute about
them. senator Knox WAS last elect
ed for a six year term which VIII not
expire untn March 3, 1911, The con-
stitut-Dn prohibits the appointment
of senator to an office created or
the salary Of which has been incrcas-
ed during the term for which b" was
elected
So the question Is whether under
this uncontrovcrtahle state of affairs
senator Knox can lawfully succeed
Itobert Bacon AS secretary OF state on
March 4th n is quite evident that
tho senator himself has been a good
deal perturhod by tho springing OF
this question at this moment