New-York tribune., 1909-02-11
Mp Kyo7S ELIGIBILITY.

, MR. KNOWS ELIGIBILITY.
II is q striking tribute to the Republic
growth In grace that one of the safeguards
against political corruption Inserted In the Con
stitution by the anxious trainers or tnat hstfu-
ment should have passed completely out OF pun
lie consciousness, and have even escaped the
attention of trained constitutional lawyers like
I,resident-elect Taft Philander c. Knox and
Elihu Root The almost accidental discovery
of Mr.. Knox's ineligibiity TO appointment as
Secretary of State at the present salary or that
Office proves how casual and infrequent OF ap-
plication the constitutional limitation on ap-
nointments Of Senators and Representatives to
civil Office has become. The RESTRICTION mas, III
fact. lost most of its original importance De-
cause the conditions which once seemeo Ut
gentlv 10 require it have practically disap-
peared. The danger which the trainers OF the
Constitution feared was the prostitution OF leg
isIative power to create offices and provide
e1noIuments for legislators whose relations with
the administration might be such as TO guarah-
tee them lucrative made-tO-order civil appoint
ments as political rewards. The abuses OF
patronage under the English government in the
eighteenth century were gross and scandalous
end the members of the constitutional conVen-
tjon did not want 10 see Senators and Repre-
santatIves in Congress entering into bargain
ing with the Executive. by which they would
be rewarded for partisan services. Many
schemes Of disqualification were discussed.
some Of them more sweeping than the one
finally adopted. That provision-a compromise
like most other provisions of the Constitution
read:
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 IN
creased, during such time
The eighteenth century theories of spoils and
license fn politics did not take as deep a root
in this country as the fathers Of the Republic
feared they would. As our democratic expert
ment worked out. ideals in politics rose. The
American people have always been extremely
iealols of what they considered attempts Of
politicians to aggrandize themselves, TO raise
salaries and TO create offices for display or pTl-
vate advantage. The evil against which the
constitutional prohibition was aimed has cured
itself. and it has now become almost inconceiv-
able that a Senator Representative should
vote TO create an office or TO increase a salary
with the intention of resigning speedily in
order to enjoy through Executive favor, emolu-
ments which he had deliberately labored TO
create.
So remote has such contingency appeared
that the applicability of the clause in question
was practically forgotten Last year. when the
House and Senate increased the salaries of the
heads of the executive departments from $1,000
TO $4,000, one mentioned the fact that no
Representative or Senator could be appointed
to Cabinet post during the rest of the Roose-
Welt administration. and that only Senators
whose terms were TO expire on March 4, 1909,
would be eligible TO appointment TO Cabinet
posts on the installation of a new President.
The legislative, executive and judicial appro-
priation bill indirectly disbarred sixty-One Sen
ators from becoming Cabinet chiefs between
March f. 1909. and March 4, 1911. and thirty
one Senators from becoming Cabinet chiefs
between March 4. 1909 and March 4. 1913.
But no one noted the disbarment because the
conditions and motives which would have made
1t pertinent in the early days of the Republic
had passed out of mind.
The selection of Mr.. Knox as Secretary of
State TO serve at the present salary is of course,
repugnant to the letter of the Constitution.
But it was not in the least reptgnant 10 its
spirit. for no could for moment contend
that ii offered example of the abuses at
which the constitutional provision directed.
Mr. Knox consented 20 enter the Cabinet out
of a high sense Of duty and with the sole pur-
pose Of devoting himself 10 the service of the
country. He is not seeking emOluments or
claiming a reward for political service His
technical ineligibility is an Inconvenience and
a misfortune. We believe that the country at
large will sincerely regret the accident which
technically disbarred him from appointment
as Secretary Of State. II that technical dis
barment can be lifted by suitable legislation
there will be no disposition to regard such
action as inconsistent with due respect for the
Constitution. The intent Of the Limitation on
appointments of Senators and Representatives
would not be violated by his nomination and
confirmation. He would be technically eligible
without legislation after March f. 1911 If
the salary Of the Secretary of State were 10 be
reduced again TO 5000 he would apparently be
free TO accept the Office on March next Action
10 relieve his present disqualification could ex-
cite no justifable opposition.