The sun., 1909-02-11
CURES KNOX'S INELIGIBILITY
BILL REJOICING SECRETARY or
STATES SALARY TO $4,000.
Legal Lights OF Consress Decided II
Was the Only Way to Make Mr.. Knox
secretary OF state Before Isll,
When Ills Term as Senator Expires.


secretary OF state Before 1871,
When Ills Term as Senator Expires.
WASHINGTON, Feb. iO.--Just before the
Senate adjourned this evening Senator
Hale, acting chairman Of the Appropria-
tons Committee. introduced a bill to
reduce the salary Of tho Secretary OF
State from $4,000 to 5000 year This
action was the outcome Of several hours
Of consideration by the Senate leaders
Of the point raised that Senator Philander
c. Knox Of Pennsylvania would be in
eligible for appointment 10 the Office OF
Secretary Of State in Mr.. Taft's Cabinet
for two years from March I because tho
Federal Constitution provides that mo
Senator or Representative shall. during
the time for which he was elected, be ap-
pointed to any civil Office under the au-
thority Of the United States which shall
have been created or the emoluments
whereof shall have been increased during
such time The time for which he (Mr.
Knox was elected will not expire until
March 4. 1911. The emoluments OF the
Office Of Secretary OF State were increased
during Mr., Knox's present term from
$500 to $1,000 year.
When the legal lights Of Congress read
in The newspapers to-day that the point
against Mr. Knox's eligibility had been
raised they put their heads together
10 determine what should lie done to let
Mr.. Taft carry out his desire to have Mr..
Knox at the head Of his Cabinet. From
the outset there was not disse ntng voice
to the contention that Mr.. Knox was
ineligible for service as Secretary OF
State, The constitutional provision was
clear and explicit. The increase made
in the salary Of that Office during Mr..
kIox's present term as Senator would
he bar to his appointment to a Cabinet
position until the end OF the time for which
he was elected to the Senate unless some
means were found Of overcoming the |
difficulty through legislative action. 1t
vas agreed that the resignation OF Mr. !
Knox from the Senate would not obviate |
the difficulty. hut the legal lights were |
Just as unanimous in the opinion that
Mr.. Knox would be constitutionally eli |
Eible for appointment to the office Of !
Of State after March I. 1911
While the Senate leaders did not ove--
oos the humorous features Of their own |
orgetfulness Of the constitutional re-
which applied to NJ knox's |
ase they realized the Seriousness of the |
it alton and were quick to see that no
inc should be lost in endecvo.iag to
the objection 10 MIR. Knox ~.
ointment to the Cabinet, They conferred
mong themselves and with the House
eaders and ultimately decided thPt tho
MY way TO make Mr. knox Secretary
I State before March =. iYli. was to 10
zeal the law raising the sr "ry of that
fice 70 $1,000 a year, thus restoring i.
o the old figure. ss.OOo, which wgs the
ala-y paid to Cabinet Office 3 te,ole
he present term OF Mr.. Knox 10 the Sen
te was begun. so the repeal bill wfs
repaired and was introduced by Senator
!ale. 1t was referred to the Committee
N the Judiciary, whose chairman, Sena-
or Clark Of Wyoming, Immediately 90 led
meeting Of the COMMITTEES for to-mor-
on morning to consider the measure
The teAt Of the bill presented by Mr.. Haze
ol ovs
N relation to the salary of the Secretary ,
: S'a,e.
be It enacted by the Senate and House OF
sPr".eItatiyes of The nited States Of {
'werlCa In Congress assembled thai seq {
Oh 4 Of the act entitled An act making
?rropria'lons for the executive. Ie9isla- ,
We and judicial expenses of The Govern- ,
l'n' Tor the fiscal year ending June 10
~, and for other purposes, approved
ehruary 90, 1907. so far as the sane relates 7
me annual compensation OF the Secretary
STATE. be. and the same Is hcreb5 re- :
Aa'st II
II vii! he seen that through this simple I
'gIslatye expedient the salsry of the {
eeretary of State will be reduced to $500 {
nile the salaries Of the other Cabinet c
hcers will remain at si2 OO0. II the BIZ!
eron)os law and Mr.. Knox enter, Mr.. $
ants Cabinet Of course the salary of f
ecfe'ary of state will bs increasc scl to O
200 after March I, 1911, when Mr.. Il
hoS will be consttutionally able to d
,cept the increased paw
While IL is expected that the judiciary O
will report the bill promptly o
IN favorable recommendation some d
lis members are inclined to believe IL
la' Mr. Knox cannot be appointed to A
'e ONCE OF Secretary OF State until after u
e lapse Of two years even IL the salary
put back to the old figure. They con- D
nj that the mere fact that the salary 7
10 been increased during Mr. Knox's T
resent term is sufficient TO make void 7
I. proposed appointment and that the u
mcuty cannot be obviated by repeating d
e lav providing for the increase. This o
'w is taken also by Chairman jenkins Il
The House Committee on the judiciary, tc
which the bill would 90 after its passage T
the Senate. al
a considerable number OF able lawyers
The Senate and the House, including as s,
any Democrats as Republicans, hold
viewer, that Mr.. Knox will not be con-
Hutionally eligible to appointment in u
Cabinet if the present salary Of the \
cretary Of State is reduced to Ss 900.
majors Bailey and Rayner. both Demo- NJ
ats, take this view.
senator Knox declines to make any OF
'hc statement in regard TO the conten-
N raised against his eligibility. All he oil
'll1 say to-day was that he had been a -,
'yer too long to try his own case. and "
preferred TO let others do 1t. Mr.. Cl
noH is member Of the Committee on
alclary. but Of course will not partici-