New-York tribune., 1909-02-10
KNOX MAY BE BARRED
FROM CABINET POST
CONSTITUTION SEEMS TO
Make HIN INELIGIBLE.
Increase in Salary of Secretary
While Pennsylvania Vas SEN
atOr Raises Issue.
From The Tribune B1r,auI

1,-osbtrg,on Feb 9-Certain able Copstitus
tfonal lawyers assert their belief that PnlidH17N
C. Knox. now junior Senator from pennsylvania
cannot accept the Office Of Secretary OF otar1
under Mr. Taft. The point that they make =
based upon a long forgotten provision OF the
federal Constitution
The Constitution Of the United States' AI'ieI7
1. Section s. Paragraph 2. reads:
M senator or Representative shall during
the time for which he was elected be appolnted
to any civil office under the autnorlCy ysa5 - -.
the enoluments whereof shall have been IN
creased. during such time
Mr.. Knox first took his seat in the Senate ~
appointment Of Governor Pennypacker Decefn>
ber g. 1904 He was elected to the Senate m
January 1905. for the term OF SIX years. eApii-
ing March 8. 1911
On January II 1907 the Senate adopted ths
committee amendment to the Legislative. Ex-
ecl1tive and Judicial Appropriation BILL lncreas-
ing the salaries of all members Of the Caoines
from $1,000 to $4,000 and on the same day ths
bill was passed. There was no yea and nay
vote on the measure or on the amendment. but
as Senator Knox member OF the Senats
at that time. 1t is believed by some leading cons
stitutionaI lawyers that he is barred from holds
ing a Cabinet office until after the expiration OF
his term in the Senate. March 3. 1911
When these facts were submitted to Senatoz
Knox this evening he was clearly nonplussed%
He seemed to be at a loss what to say bug
finally remarked that it was. OF course. a MATES
to which he would have 10 give the most careful
consideration, and that he must not be quoted
on the subject
Among the few whose attention has been
drawn to this clause in the Constitution. ths
situation which it suggests is regarded as 1ttl5
short Of a calamity. OF course no lawyer will
commit himself to the proposition that the
clause bars Mr. Knox from the Cabinet beyond
peradventure. All say that the subject requires
the most careful thought and consideration. bus
thev admit that on their face the facts seem
positively and definitely to preclude the Senator
from PENNSYLVANIA from holding the Office which
has been rendered to him by the President
elect and which he has definitely accepted. even
going so far as 10 select. at least IN part. tho
assistants in the State Department
OF the lawyers whom 1t was possible TO ses
this evening none could point out any escape
from the constitutional provision. although all
expressed the greatest regret that any obstacle
should have arisen to the carrying out OF thu
| choice Of President Taft for the leading port
| folio. which all regard most wise and ex-
ceIlent selection
OF course. It is generally conceded that the
trainers Of the Constitution never had in mind
such a situation as now seems 70 have arisen.
but whatever may have been their intent the
provision seems so clear and the method OF
constituting cIear-cut provisions OF the COnstL-
tuition is so uniform that any escape seems i'm
probable
II is realized of course that the purpose of
/ the trainers of the Constitution was TO prevent
| cabals of members Of Congress who. by Great
| ing new or greatly. increasing the enlolurnents
| of existing offices and then using their fnffu-
ence to procure. their own appointment 70 them.
might vitiate the integrity Of the government.
The opinion among those who are aware OF
| the facts is that it will be almost a public
| calamity If the country is deprived OF the SER
| vices Of so able g statesman as Senator Knox
| through the unavoda BILE application or a pro-
| vision in the Constitution which. obviously. waS
| never intended to apply 10 the circumstances
surrounding his selection for the premier placa
| in the Taft Cabinet
| II was suggested by some Senator's as a pos,
| sible solution of the difficulty that Congress
| repeal that portion Of the law which increasef
| the salary Of the Secretary OF State. and make
| II ss 600 as before. and that IL be maintained
| at this figure until Mr. Knox's term as Senator
| would expire, after which IT be restored TO tbs
| figure at which IL now stands Il IS not known
| that this will remedy the difficulty. but tha
! suggestion IS put forth by a senior member oc
/ the Appropriations Committee. among Others
| and the lawyers say they will give IL their best
| thought tomorrow.
| The only precedent recalled was that OF ths
| late Senator Ransom, Of North Carolina, who
was appointed by President Cleveland on Feb
| r1ary "a. 1895 to be Minister TO Mexico. tas
| emoluments OF which Office were raised willis
| Mr Ransom was a member OF the Senate In ..
| decision rendered by the Controller OF the Treas
ury on August II. 1895. 1t was held tha1 Mr..
| Ransou's appointment unconstitutional In
| the mean time, however. March 4. 1895. Mr..
| Ransom's term as Senator had expired, and on
August 20 President Cleveland reappointsd him
| Minister to Mexico.
| 1UII CnNr EOD CH1 ATL, ROCTa