Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-02-10

answer to the question. Consequently this
morning there was much coming of Con-
stitutions, statute books. Supreme Court
decisions, opinions of controllers of the
Treasury and other usual sources of such
information.
Constitutional Inhibition.
Constitutional lawyers at the Capitol
were i'm a iutter of excitement over the
claim that Senator Knox is not available
for President Tafts cabinet because Of
the following constitutional inhibition:
No senator or representative shall,
during the time for which he was elected.
be appointed to any civil office under the
authority of the United States which shall
have been created. or the emoluments
whereof shall have been increased, during
such time
The opinion was unanimous among law
yerS in both House and Senate that Sen
ator Knox is amenable TO this objection.
He voted for the bill raising the salary
of the Secretary of State along with other
officials of the government.
The facts in the case are perfectly plain.
There is no dispute about them. Senator
Knox was last elected for a sX-year
term. which will not expire until March
=, 191l The Constitution prohibits the
appointment of senator to Office
created. or the salary OF which has been
increased, during the term for which he
was elected.
So the question is whether under this
incontrovertible state of affairs, Senator
Knox can lawfully succeed Robert Bacon
as. Secretary of State March 4.
Hale Announces Plan of Action.
After reflection and conference it was
decided that way, would be found 10
permit Mr.. Knox to accupy the Office OF
Secretary Of State.
Yes said Senator Hale, discussing
the situation, lit would be very serious
if there were no remedy, but there is u
remedy in repeal of the law increas-
ing the salary of Secretary of State, and
will be imme diately applied. The por-
ton of the law applying to the office
of the Secretary of State can be Cancelled
by legislation. and as the law was never
intended to apply in such a case as that
of Mr.. Knox, there is no doubt that a
bill with this end in view will be immedi-
tina it will be passed.
The republican leaders of the Senate
were in conference during the day upon
the most practicable method of legislation.
If the prorpositin reduce the salary
Secretary of State in the Legislative APP
preparation bin to the amount fixed in
the old law is not considered feasible
special bill can be passed amending the
law.
1t is argued by some senators that the
reduction would have to remain in force
until after Senator KnoX's term as United
States senator expires in 1911.
The consensus of opinion ON both sides
of the Senate chamber in accord
with Senator Haes view that the stua-
tion should be remeded by the repeal OF
the law in so far" il affected the office
of the Secretary Of State. but there We're
Il few dissenting voices the demo-
cratic side Senator Rayner. himself an
eminent legal authority. after 'canvassing
both sides of the chamber. expressed the
hot al off ,aI mi
course out of the difficulty. He said: The
status at the time the appointment is
made governs the case, and If AT that
time. under the law. there is no increase
i'm salary but the salary stands as II did
before it WAS increased there can be no
opposition to the appointment.
This could be accomplished by making
the status of the law what it was be-
fore the increase was made.
Senator Clark of Wyoming. chairman of
the committee on the judiciary. expressed
himself entirely willing to leave the
disposition of the matter in the hands OF
Mr. Knox. and Mr.. Taft. They are both
eminent lawyers he said. and | am
sure that If they are satisfied that Mr.
knox's appointment be illegal it will not
be made IT, on the other hand, they
agree that il would be valid. l should be
satisfied to accept their conclusion TO that
effect.
Claim Made by Some.
1t is believed that some of Senator
knoXS friends Will base their contention
that he is eligible for appointment -
the cabinet on the plea that by resignin0
his senatorial Office prior to March
he will becme private citizen. Tie
Constitution does not prohibit the APP
pointment of private citizen to such Of
flee under the existing condittohs, hence
Mr.. Knox might be regarded as el,giba
to appointment as Secretary of State
after March /.
In the House there general accept
ance of the suggestion for the repeal OF
the law standing in the way of Senator
knoX's transfer to the State Department..
but il was not accepted by all feast
BILE Some members raised the question
as to whether. even after a repeal, lie
would not be prohibited inasmuch the
Constitution forbids the appointment 20
an office the salary of which has been
raised during the appGntee's term as a
member of Congress, nothing being said
about the subsequent reduction of the
salary.
Senator Knox Reticent.
Senator Knox did not reach the Capitol
until almost I o'clock. He was immedi-
ately sought OUT by a number of his sem
atorfaI friends, who were in close con-
ference with him; but he told the report
ers of the newspapers that he would have
report of his neligibility
Il hot t.. n