The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-02-10
KNOX MAY NOT Be
ABLE TO ENTER
CABINET
Question Over ELIGIBILITY Of
Pennsylvania Senator
SECRETARYS PAY RAISED
Constitution Bars Member Of Congress
From Accepting Salary His Vote
h Has Increased.

Washington. Feb. 10.-Discoyery
was made yesterday that Phiander
Chase Knox, senator from Pennsylya-
MIA, is ineligible for appointment to
a cabinet place under the Taft admin
istration because of constitutional re
strictions. The fact that President
elect Taft already has chosen Senator
Knox for his secretary Of state and
that the latter has accepted does not
tend to relieve the perplexities of the
situation. Senator Knox declines TO
discuss the matter in any way
The inhibition is placed on Senator
Knox because congress has voted
since he was last elected to increase
the salary of the cabinet post to which
he aspires. The constitution plainly
prohibits any member OF congress
from appointment to Office under the
federal government the salary of
which Office has been increased dur
ing the term for which he was elected.
Paragraph ,, Section Is Article of
the Constitution says:
No senator or representative
shall during the time for which
he was elected be appointed to
any civil Office under the author
ity of the United States. which
shall have been created or the
emoluments whereof shah have
been increased during such time;
and no person holding any Office
under the United States shall be
member Of either House during
! his continuance in Office
Investigation of the matter dsclos.
ed the fact that Senator Knox was
| present when the salaries Of the vice
president, the speaker OF the house OF
| representative aud the heads OF the
| executive departments were increased
to $4,000 a year. He voted for the
increase in pay and consistently vot.
ed against all amendments that sought
to overthrow the proposed increase.
The increase was carried in the
! legislative. executive and judicial ap
preparation bill providing for the fscal
year of 1908 IL was provided for in
an amendment drawn by the House
and submitted TO the Senate for con
currence which read:
That on and after March 4. 1903
the compensation OF the speaker OF
the House of Representatives, the vice
president OF the United States and
the heads Of the executive depart
ments who are members OF the presi
dents cabinef shall be at the rate oil
$4,000 per annUm each, and the com
lpcnsatiOn OF senators. Representatives
In congress, delegates from the terri
tories and the resident commissioner
from Porto Rico shall be at the rate Of
! $500 per annum.
The amendment aroused a long anC
heated debate, in the course Of which
there were several roll calls on amend
ments calculated to keep the salarie!
at the old figure, defer the increas,
until 1913 and in other ways block tn,
house plan. All these were votet
down. When the vote was finally IA
ken on the amendment. Senator Knoi
was for its adoption.
Authorities on constitutional law 4
night were unanimous in declaring
they could not see on brief investiga
tion just how the prohibition lai,
down in the constitution could b.
avoided The meaning of the claus
is so clear, they said, that it leave
little open to question. So far as Sci
ator KnoX's case is concerned, tn
constitution, in their opinion, appear
to fit it perfectly
Senator Knox at his home was ash
ed to express an opinion on the mai
ter
Il have nothing at all to say" h
said Il know nothing about it,
Senator Knox was elected for tn
term beginning March 3, 1905 and eS
piring March 8, 1911.