Omaha daily bee., 1909-02-16
senator is Now Competent to Sit in
Taftis Cabinet.
BOTH PARTIES ARE DrvDEI
Twenty-six Republicans Vote Against
it and Thirty-0ne Democrats for II.
STATEHOOD MEASURE ALSO PASSES
BiII AdmittinE New Mexico and Ari-
SonR as Separate states Goes
ThrOuEh House without
DissentinE Vste.


srcss is concerned the constitutional bar
TO the acceptance by Senator Knox Of the
state portfolio In the Taft cabinet. was
removed today, when the house passed the
bin reducing the salsry OF the secretary OF
state. The bill at first was defeated
through the failure Of twe-thirds Of the
members to vote for It, but q was brought
up a second time under a special rule and
passed by a majority vote.
without a dissenting voice. the bill grant
ing separate statehood to Arizona and New
Mexico also was passed. as was the bill
providing for uniformity in car equipment
with safety appliances.
Mr.. Capron CR- IL announced the death
OF his colleague. Mr.. Granger, and the
house adopted resolutions Of regret. As
further mark OF respect a recess was taken
at 5is o'clock D, m. until tomorrow at
II a. m.
KnOx BiIi fs Passed.
BY vote Of 175 to III the house today
passed The bill removing the bar to Sena-
tor Knox's eligibility for the office OF sec
retary 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 order for the suspension
Of the rules, and under that order, accord
ing to the standing rules OF the house a
bill must receive "a two-thirds majority to
insure its passage.
The first vote stood 17s TO 12S, the ma
jorfty thus falling considerably below the
two-thirds requirement. Immediately after
this result was announced. the house COM
mittee on rules met. This resulted in Mr..
Dalzells bringing In a rule making IL in
order for the house TO again take up the
bin and act upon Il under conditions which
would require only a majority vote TO
pass il.
The opponents OF the measure did not
cease their aniagonism which, on the pre-
vlous consideration. had brought out a
number OF sharp criticisms, but immedi-
ately demanded a roll call on the previous
question on the adoption OF the rule.
Mr.. Olmstead PENN contended that the
Sill docs not accomplish an avasion OF the
constitution. AmozE several other pre-
cedenis, Mr.. olmstead cited the case Of
Senator Morrill, OF Vermont. who was ap-
pointed isecretary OF the treasury.
In the opinion Of Mr.. Williams CNIiss),
who opposed the bill, that was the only
reputable authority alluded to- Senator
Morrill, nc said. had been confirmed
through senatorial courtesy, which he said,
"ovsTrides all bars constitutional and other
wise" The bill. he declared, was "a clear.
plain. palpable. Obvious and manifest case
OF evasion OF direct and expressed con-
sttutlonal consideration"
Mr.. Clark CMol opposed the bill, saying
congress 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 friendsg"
and said that IL the bill under discussion
should pass. Mr.. Campbell would stand
justified as a constitutional lawyer.
In adding his voice against the bill, MIR.
Caulfield CAio.l declared that Il was q case
OF constitutional jugglery or legislative
favoritism.
The debate was closed by Mr.. De
Armnnd OMo.) who argued for the passage
OF the bill.
Both Parties Divided.
Twenty-six republicans voted against the
bin and thirty-one democrats for it, as fol-
loWst
Republicans Against-Bede. Minnesota;
BirdsaIl. Iowa; Calderhesd, Kansas: Cary.
Wisconsin,; Csulfien. Missouri; CLANCY,
Indiana; Cook. Colorado; DENLY. Michigan;
Fuller, Illinois: GiIhams. Indiana; Hayes.
California; Kuesterman. Wisconsin; Lind
bergh, Minnesota; McCoIl, Massachusetts,;
.MeCreary, Pennsylvania; Mann Illinois:
Marshall, North Dakota; Miller. Kansas;
Mur6ock, Kansas; Nelson, Wisconsin; Nye,
Minnesota; Prince, Illinois. Roberts. Mas
sachussetts; Stafford. Wisconsin; Waldo,
New York. Wheeler Pennsylvania.
Nevada; Broussard. Louisiana; Clayton.
Alabama: Craig, Alabama: Crawford
North Crolina; De Almond, Missouri; Fitz-
seFald, New York; Goldfogle New York
Hackney, Missouri, Hammond. Minnesota;
Howard. GeorEis: Humphreys. Mississippi;
johnson kentucky Jones, Virginia;
I.assiter, Virginia; Lee Georgia: Lever.
south Carolina: Maynard. Virginia: Moon.
Tennessee; Rahden. Louisiana; Richardson.
AlEhAms: Robinson. Arkansas; small,
North Carolina Spight. Mississippi: sulzer,
New York Taylor. Alabama: Touvelle.
Ohio; Watkins Louisiana; Wiley Ala