Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-02-14
COMMITTEE IN FAVOR OF IT
Minority Report Raises Doubt as
to Constitutionality.
OPPOSITION NOT DETERMINED
Objections to Measure Not to Be
Made a Party Matter by the
Democrats.

Although the bill removing the bar to
the eligibility OF Senator Knox to be-
come Secretary of State in the Taft cabi-
net was reported promptly TO the House
yesterday from t,e committee or election
of President, Vice President and repre-
sentatives in Congress. the filing or
minority report also indicates that a con-
test will be made against the passage OF
the measure.
Representative Gaines of West Virginia.
author of the House bill, which is identi-
cal with that passed by the Senate. eN-
poets to call up the measure tomorrow
under suspension of the rules. A motion
will be made to substitute this Senate
bill which, if passed would bring the
two houses into immediate agreement.
In spite of the minority report. Repre-
sentative Clark of Missouri. democratic
floor leader. says the measure will not
be made a party issue. Therefore. the
ena ctment Of. the bill is confidently eX-
pected.
Chairman Gaines presented the minority
report of the committee. and contented
the bill pass.
Constitutional Question Raised.
The minority report was drafted by
Representative Gillespie of Texas 1t
was approved also by Representatives
Hardwick of Georgia. Hackett of North
Carolina and Rucker of Missouri. Only
Representatives Gillespie and Hardwick
signed it.
Chairman Gaines had prepared and up
to the last minute. intended to report to
the House a recommendation that the
Senate bill be passed. He desisted when
the question arose as to Whether tne
committee had considered the Senate bill.
The position is taken by the minority
members that. while upon its lace the
Gaines bill only seeks to fix the salary
of Secretary of State at $500, that the
real question is:
Whether a member Of the United
States Senate, during whose term OF or
fee the salary of the Secretary of State
was increased from $1,000 to $4,000 q
year, can hold the office of Secretary o
State during any portion OF the tern
to which the said senator was elected
, provided that the salary of the Secretar!
Of State be reduced to what 1t was be
fore raised
The act of Congress under which the
salary Of the Secretary Of State was in
creased is referred to as saying to every
member of the United States Senate
! You shall not for the time for which
you were elected to the United States
Senate hold the office Of Secretary OF
State
Enacting Congress Expired.
THE Congress by which said act Yas
passed." continues the report, expired
On the fourth day of March. 1907. II
is our opinion that the passage of that
act and the expiration of the Congress
by which it was passed forever put II
out of power Of any subsequent Congress
to remove the constitutional prohibition
referred to.
1T is our belief. also. that this BEING
a question OF constitutional interpreta-
bill, the whole matter should be referred
to the committee on the judiciary of the
House for it's opinion.
I'VE do not believe that a provision
of the Constitution that Is clear and EN-
phatc should be sought to be annulled OF
suspended in the manner attempted by
the passage of this bill.
I'VE believe that the mischief under
taken to be provided against by this pro-
vision of the Constitution clearly embrac-
es the act of appointing one of the Unit
ed States senator's to the Office of Sec
retary of State.
"It might be said, and truly. that this
mischief is remote in any event: however
this may be it contains sufficient danger
for the trainers of the Constitution to
provide against. II tEe SonStltutloll ofo-
hibits it, surely it cannot be argued that
II this prohibition can be easily overcome
by the device of reducing the salary be-
low what, in the judgment Of Congress.
it should be with the hope, which in this
case is almost certainty, of the salary
being restored to it's present amount.
that that would not be clear evasion of
the plain provision of the Constitution.
THE office of Secretary of State will
probably be held for eight years by its
next incumbent. A designing senator
could reasonably anticipate that although
his salary would be temporarily reduced
in the closing years of his senatorial
term that at the expiration of that term
it would, through his influence, be re-
stored"