The Birmingham age-herald., 1909-02-16
Constitutional Bar to Eligibility Is Removed By Vote in
 the House
RULES ARE SUSPENDED
 10 HELP PASS THE BILL
Opponents of the Measure to Aid Knox Declare That Congress Is Making a Laughing Stock of Intel
 igent Men.

Washington. February 15-So far as Congress is concerned the constitution al bar to the acceptance by Senator Knox of the state portfolio in the Taft cabinet, was removed today when the House of Representatives passed the bill reducing the salary of the Secre tary of State. The bill at first was de- feated through the failure of two thirds of the members to vote for it. but it was brought up a second time, under special rule, and passed by majority vote.
 By a vote of 173 to IF the House passed the bill removing the bar to Senator Knox's eligibility for the office of Secretary of State. This was the second vote of the day on this measure, and the two were separated only by about two hours time. The first vote was taken on the bill under general or der for the suspension of the rules, un- Far which a bill must receive a two
 ds majority to insure it's passage.
 first vote stood 179 for to 123
 Inst the majority falling consid-
 fly below the two-thirds require
 t.
 lmediately after this result was an-
 lced the committee on rules held a
 ting which resulted in MT. Dalzells
 ging in a rule making it in order
 thts House to again take up the bill
 art upon it under conditions which W, Id require only majority vote to r it.
 lle opponents of the measure did not csese the antagonism, which the
 ious considerat ton had brought out
 tmber of sharp criticisms, but im- me. ately demanded a roll call on the previous question on the adoption of the rule. This call consumed 25 min utes and after the rule had been adopted the debate was resumed.
 Mr. Olmsted of Pennsylvania con tended that the bill does not accom- plish an evasion of the constitution. Among several other precedents MT. Olmsted cited the case of Senator Nor Till of Vermont, who was appointed Secretary of the Treasury.
 lin the opinion of MT. Williams (Mis- sssippD, who opposed the bill that was the only reputable authority alluded to. Senator Merrill, he said, had been confirmed through senatorial courtesy, which he said "overrides all bars consti- tutional and otherwise" The bill he declared, was "a clear, plain, palpable. obvious and manifest case of 8 direct and expressed constitutional inhibition.
 Mr Clark (MissourD for the second time during the day, took the floor in opposition to the bill and said that Con gross was making itself the laughing stock of every intelligent man on the face of Gods green earth" He referred to a famous expression by the late Tim Campbell of New York who had said, What's the constitution between friends?" and said that if the bill under discussion should pass, MT Campbell would stand justified as a constitutional lawyer
 In adding his voice against the bill, MT. Caulfield of Missouri declared that it was a case of constitutional jugglery or legis- lative favoritism
 The debate was brought to a close by MT. DeArmond of Missouri, who argued for the passage. of the bill.
 On a yea and nay vote the bill was passed 173 to IF. There was no demon- stration of any kind when the announce ment was made.