The Washington herald., 1909-02-15
IS THE CONSTITUTION
TRAP, OR is IT A GUIDE?

No one who reverences the Constitution
as the rule Of faith and practice" in all
public affairs would for a moment lend
an ear to any plan for removing the con
stitutionaI bar 10 Senator Knox's eliEibil-
ity for a Cabinet position that would vio-
late or even strain the Constitution. The
wise lawyer and safe Judge whom the
American people have elected TO the Pres
idency would be the last man TO suggest.
and Senator Knox the last TO consent, TO
any plan which to either OF them seemed
questionable
In Judge Taft's telegrams to Senator's
Knox and Hale he says that he has
no doubt that a bill to repeal the bill
increasing the salary OF the Secretary Of
state VIII remove all difficulty OF the Con-
stitution in the light OF its purpose" To
the layman's mind those two phrases cut
like a rapier through the cobweb subtle
ties OF q class Of men, found In every
Congress. who deceive many people. and
sometimes themselves. into thinking that
they are profound constitutional law
yers" simply because they are quick on
the trigger IN saying Of this or that
measure. IT'S unconstitut'onal"-wit
many owl-liks shakings Of the head.
What does the Constitution say7
No Senator or Re7-eseutative shall. during The
tine for vhics he Vas elected be appointed TO anT
civil oee under the authority of the United States
which shzu have been created. OF tbs emOiuue7t
Ehers0s shall have been increased. during such
tine. Art 7, See 81
That phrase in Judge Tafs's telegram
10 Senator Knox, in the light OF its
purpose" gives the common-sense conciu-
sion Of the whole matter.
What was the purpose OF our forefath-
ers in providing that prohibition? Il was
simply to prevent members Of Congress
from conspiring Cor secretly conniving)
10 bring about an increase Of salary II
an Office with a view to one OF their
own number aftsTward securing It. Il
would make no difference If the Senator
or Congressman IN question was absent
on the day the bin was passed. or even
II he voted against the bill; he was not
to be the beneficiary OF an increase that
had been voted during the term for which
he was elected by the people.
Unless a constitutional way out" can
be found. that clause IN the Constitu-
ton would unduestionably be an insu-
perabie bar to Senator Knox entering
the Cabinet until after his present term
OF Office in the Senate should expire.
Every one IN the land knows that at the
tine the increase was voted. four years
ago. Senator Knox never dreamed OF
| leaving the Senate for the State Depart
ment. ard does not now wish 10 do so:
but that fact would make no difference
as long as the act, IN so far as it affects
the State Department, remains on the
statute book
But Judge Tafrs luminous phrase, TN
the light OF its purpose" is q sure guide
70 a constitutional solution Of the diff
Guilty. A repeal of q portion Of the for
mer act, reducing the salary Of the Sec
retaTy Of State TO SS.oe0, puts that sal
sry back where It was before the for
mer bill was passed. OF Just as II II had
never been passed. Let Us put the mat
/ ter coacretely, both negatively and
positively, in a way that viii be ievel
/ 10 the understanding Of the man in the
street." What was the purpose OF the
/ forefathers, as applied 20 the present
1 instance? That purpose was. not that
/ Secretary Root OF Secretary Bacon could
not lawfully have lad the increase OF
salary that was passed fouE years ago
when Mr. Knox was N the Senate, bul
that Secretary Knox should not be
the beneficiary OF an increase which wa.
passed during Senator Knox's term In
the Senate. That being the case. II thai
i portion OF the bill as It applies to the
state Department Is repealed before
Senator Knox shall be sppointe6'' =