The Montgomery advertiser., 1909-02-14
WILL OPPOSE
 KNOX SALARY Minority Committee Files a Report. NOT TO BE MADE PARTY ISSUE Bill sso Reduce Pay May Cause
 Debate. Some Ceasrssssss. E1pre.s Grave Doubt IT Menser ef ths Present Senate l. ElixisIe fer T.ars
 Cabinet.
NOT TO BE MADE PARTY ISSUE
Consressssen Express Grave

Washington. D. C., Feb IS.--Although
 the bill removing the bar to the leIigi-
 bility of Senator Knox to become sec
 taryl of state In the Taft cabinet was
 reported promptly to the house to-
 day from the committee on election
 of president v.aS president and re-
 personalities in congress. The filing of
 R minority report indicates that q
 contest will be made lagatnst the
 passage of the measure.
 Representative Haines, CWest Vfr-
 ginia, author of the houss bill, which
 In Identical with that passed by the senate, expects to call up tho inea-
 sure on Monday under suspension of
 the rules and motion will be made
 to substitute the senate bill. which. if passed. would bring the two houses
 into immediate agreement In spite of the minority report. Representa- tive Clark. of Missouri. the democratic floor. leader. says the measure will not be made party issue. Therefore the enactment of the bill is confidently expected. Chairman Gaines, of West Virginia. presented the majority report of the committee and conteated him self with a mere recommendation that the bill pass
 The minority report was drafted by Representative Gillespie. of Texas. It was approved also sby Representative Hardwick of Georgia: Hackett, of North Carolina and Rucker, of Missouri. al- though only representative Gillespie. and Hardwick signed 1t, Chairman Gaines had prepared and up to the last minute, intended to report to the house q resolution that the senate bill be passed, but he desisted when the question arose as to whether the com mittees had considered the senate bill
 The position ia taken by the minority members that while upon It's face. the Gaines bill only seeks to fix.the salary of secretary Of state at ss.0O0, the real question is .twhether member of the United States senate. during whose term of office, the salary of see retary of state was Increased from ee.000 to St200o a year, can hold the bflee of secretary Of state any portion 69 tiie term for whteh theYsafd senator was elecfAa. provided the salary of secretary of state De reduced to what it was before raised"
 Tie act of congress under which the salary of secretary of state was ln- every member of the United States senate:
 You <shail not for the time for which you were elected to the United | States senate hold the ofIice of secre- tary of state"
 'srhe congress by which said act | was passed" continues the report tex pires on the fourth day of March, 1907. It is our opinion that the passage of | that act and the expiration of the congress by which 1t was passed. for- sver put 1t out of the power of any congress to remove the | provision referred to. It g our belief also that this being q question of constitutional interpreta- ion, instead of this house passing this ill the whole matter should be re- | erred to the committee on the judIci- Try of the house for its opinion.
 we do not believe provision Of he constitution that Is clear and fmphatic should to be annualied or suspended In the manner attempted y the passage of this biil.
 I've believe that the mischief under aken to be provided against by this revision of the constitution, clearly the act of appointing one f the United States sehators to the fice of secretary of state.
 Tt might be said and truly. that his mischief is remote In any event, this may be, 1t contained ufilcient danger for the framers of ne coHblltub4OH ID pEOFtue a6AfnSl. the constitution prohibits it. surely ] cannot be argued that if this prohi- ition can be so easily overcome by the l. evice of reducing the salary below that In the Judgement of congress it hould be. with. the hope in this case almost certainty for the certainty the salary being restored to it's resent amount. that that would not be lear evasion of the plain provision of he constitution. E
 The office of secretary of state win robably be held for eight years by s next incumbent. and q designing enator could reasonably anticipate nat, although his salary would be reduced in the closing ears of his senatorial term. at the xpiration of that term 1t would trough his influence be restored" h
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