The Washington herald., 1909-02-15

the Cabinet. then Secretary Knox
"emolument" VIII not have been in
creased" and therefore the constitu-
tional prohibition vii not apply TO him.
Somewhere John Marshall has stated.
in substance, that a fact cannot be made
as II 4 had rot been a fact, and. con-
veTsely. that a thing that was not fact
cannot be made 10 have been a fact. Il
is asserted that MarshalI's principie ap-
plies here. that the emolument OF the
Secretary Of State was increased during
Mr. Knox's term IN the Senate. and that
no subsequent repeal Of the law can
make that fact nonexIstent
To the lsyuan's mind. such reasoning
seems altogether too subtle 10 be sound.
Guided by judge Taft's phrase as 20 the
purpose" Of the clause It would strike
the common sense Of the average man.
ard all lovers Of the Constitution TO whom
that instrument is a veritable political
Bible. that this is a case where we should
be guided by that pregnant saying Of
Holy Writ, "the letter kiIleth. but the
spirit nnaketh alive" so far as the spirit
Of the Constitution Is concerned. that has
never been violated: and, II the pending
biil is enacted-thereby preventing Sec
retary Knox from being the beneficiary
Of an Increase that was voted during
Senator Knox's term IN the Senate-then.
even the letter Of the Constitution wiz
be saved from violation. because the
emolument for Secretary Knox will not
have been increased during Senator
Knoxs term in the Senate. although the
salaries OF Secretaries Root and Bacon
were increased.
To object 20 this common sense soIu-
ton, suggested and approved by such a
! lawyer and Judge as the President-elect,
by saying that there IS no help for Il, :"
and that what has been done has been
done. and cannot be Undone." would sim
ply degrade the Constitution into a mere
trap for the unwary-a trap by which the
President-elect and the country, through
mere trick Of the calendar, Vould now
be deprived of the invaluable services OF
man who, II the proposed enabling act
we're passed, would no longer be the
beneficiary OF q bill which, so far as
any benefit 70 himself was concerned, he
unwittingiy helped to pass four years
ago.
The Constitution is not a trap. but
guide; and the bin which has been in
t-oduced upon the advice and with the
approval Of the President-elect would be
taken by the country, not as getting
around the Constitution" but as 3 frank,
straightforward compliance with the Con
stltution- The fact that the premier Of
the new administration would. during his
four years term Of Office, receive $4,000
less than his colleagues, furnishes a very
practical yard-stick by which TO measure
our obedience to the Constitution
When the minority Of the House com
rnittee permit themselves TO say that "a
designing Senator could reasonably antici-
pate that, although bis salary would be
temporarily reduced IN the closing years
Of his Senatorial term. at the expiration
OF that term Il would. through his infiu-
ence. be restored" they come perilously
near 20 offering an insult TO Senator
Knox
IL the constitutional bar which had
been so innocently erected four years
ago Is now removed, the whole country
knows that through his entire four years
in the State Department Secretary Knox s
salary win remain at 5000 That high
minded lawyer and statesman would be
the first one TO send mis- stern veto in
advance II any overzealous friend, two
years from now, wrote TO suggest the
restoration Of the salary to $1,000; and
even II Il were conceivable that, in spite
I Of his protest. such a bill were put upon
! its passage. it would be voted down BY a
coed majority in both Houses. Such a
BIZ would. indeed. be a mere trick. But
the pending act, so far from being an
evasion Of the Constitution, Is an act Of
obedience to Il.
Che foregoing paper was written By q
well-known Washingtonian-l