The Washington times., 1909-02-10
Colleagues VIII Reduce Pay
of Secretary of State
TO $4,000.
OBJECTION BASED
ON CONSTITUTION
Provision Keeps Member From
Job If He Voted for Raise
in Pay.

Realizing that the constitutional OBJ
lection which has been raised against
Senator Knox eligibility TO serve I'm
the Taft Cabinet, because the salary of
| that office was raised while Mr.. Knox
was in Congress, is well taken. his col
leagues in the Senate today teak prompt
action on the matter
After several conferences. l. was de-
cided that a provision should De inserted
IN the legislative appropriation bin. or
IN some other measure, fixing the salary
OF the Secretary Of State at $500. which
is the same as it was before tks salaries
or all Cabinet officers were increased,
two years ago.
Ihls proposition meets with the ap-
rroval of practically all the merIbers of
the Senate, regardless of political af-
hiation
Senator Knox himself would not dis
cuss the matter in ANY way. He de-
ciared that it so intimately affects him
and he was So welded 10 the belief that
Il was not wise for a lawyer TO argue
his own case. that ne had referred all
inquirers 70 the lawyers Of the cenate
and House
The opinion Is expressed in high quar-
terss however, that the disqualification
can be removed By restoring the oil
salary.
Much viii depend on the wishes aI
Secretary Taft in the matter
No Word from Taft.
Senator Knox up TO noon today had
received no word from Mr. Taft as 20
what he desired.
One Of the interesting phases Of the
ma B. ter
importance Is that Senator Knox. when
Attorney General recognized the fact
that the provision OF the Constitution
in question was entitled 10 strict con-
struction. The matter came before him
in the case Of Page Morris. a member
Of Congress. Morris term ended March
3 1903.
in February an additional Federal
judge for Minnesota had been created.
The President wanted 70 name Morris.
He wanted to appoint him before Nor
ris' term ended But Knox held that
he ought 10 wait until after March (.
and until Morris term had ended be-
fore appointing him. and the President
followed Knox's advice.
The same constitutional provision ap-
plies to an office that has been created
fee the pay OF which has been in
creased.
Many Precedents Cited.
While precedents are cited in which
the Senate has confirmed persons who
were members of Congress when the
salary of an office was increased, yet
there are strong precedents the other
way.
One Of the most important OF these
arose in the case Of Senator Kirkwood
of Iowa. He had been elected for a
term that ended in 1855 Before that
term ended, he resigned.
While he was serving in tlaa Senate
a tariff commission WGs created. After
he had resigned. but before the tenn
for which he was elected had expired.
the President wanted 20 appoint BIN
TO tins tariff commission. AttoTneE
General Brewster held he was not eliEi-
bic.
Everywhere today, establishment not
unmiXed with amusement was expressed
that the difficulty in the way of Ar.
Knox taking the office of Secretary OF
State should have lain about IN plain
sight unnOtCed for so long. IL appears
the discovery was made by Washing
ton newspaper man. who stumbled upon
10 two or three days ago.
Newspapscman Surprised.
He was so as5onished at the matter
that he at first hesitated to use II with
out reading the Constitution up and
down and sideways
Senator Hale, acting head Of the Sen
a:S appropriations COMMITTEES. called on
Senator Knox at his house this morn
IL 9 Senator Hale and Mr.. Knox went
o sr the situation. but what passed is
noi disclosed. Tt is supposed the quss-
ton cf legislation 20 meet fhe situa-
rioa was discussed.
Senator Rayner of Maryland express
ed the view that the situation could be
net by legislation
He said the situation could be met
simply by restoring the salary TO where
Z was originally. and that this would
meet the requirements Of the C0nsti-
tuition.
Senator Rayner said he had looked
nto the precedents carefully and that
he intended to advise Mr.. Knox what
le had found.