New-York tribune., 1909-02-14
PRgoapEETs FAVOR MR, KNOX

rbonoh trreconcilable and ina gnative con-
Etttutionalists like John Sharp Williams ana
Chairman Jenkins OF the House Judiciary COM
nittee may talk about the imposslDlllty OF re-
moving the disqualification which now inter-
feres with Mr.. Knox's accepting place in Mr.
Tafrs Cabinet, common sense Interpreters Oh
the Constituaion will not be greatly impressed
with their contention that because the salary
of the Secret ary of State was raised during Mr.
KnoxSs term as Senator he would though II
was subseque nfly reduced, enjoy after March
ernoluments which he helped to create by legls-
lation He would draw the same salary
SS,OO0-as was appropriated for the once DeIore
he became Senator, and If he enjoyed no IN
crease In compensation allowed during his term
in the legislative department he could hdroIy
be said 10 be serving In violation of either the
snIrit or the letter OF the constitutional safe
guard against salary raises for the oenent OF
forehanded legislators
There is Fortunately q precedent Wnlch eA-
actly covers Mr, Knox's case "The Washlng-
ton POST called. attention on Friday TO an ap-
point1nent TO the head Of an executive depart
ment under Grants second administration OF
Senator in the course of whose last term Con
rress had increased the salary OF the once
which he resigned to accept but had reduced
II TO the former figure before his appointment
Lot NJ Merrill, Senator from Maine, resigned
from the Senate July z, 1876, and became
Secretary OF the Treasury In President Granrs
Cabinet He had been elected for the six
year term beginning March f. 1911 On March
r 1879 the notorious "Salary gran' Dill be
came a law. 1t increased the salaries of Sen
ators aIid Representatives, Of the justices OF the
supreme Court and OF the President and the
Cabinet officers The increases for the Presi-
dent the justices and the members OF the Caol-
net were 10 tztke effect on and after March 4
1873 But Congress outraged public sentiment
by voting that the Increase for Senators ana
REPRESENTATIVES should date back 10 March T.
1871 This retroactive feature created such IN
dignstion. and 50 fierce a fight was made on the
leaders In the salary grab" movement that the
next Congress shortly after reassembling-
on January 20 1S7Erepealed all the Increases
except those for the President and the justices OF
the Supreme Court Senator Morrill, had IN
doubtedIy made himself ineligfble-up to March
4 1s77-to appointment TO the Secretaryship OF
the Treasury or to any other post in the Cabi-
net SO bong as those posts carried the salaries
provided In the law OF March 3. 1878. But
when thst law was repealed In part, and the sala-
ries Of Cabinet officers were put back at the
old figure his ineIigibility disappeared, accord
ing to the construction Of the Constitution then
accepted He was confirmed, and acted as Sec
refary Of the Treasury until March 4, 1877,
without the slightest protest
The Tr1bune's dispatches from Trenton on
friday calleQ atIenuon 10 slLnlldC EulLuS III
New Jersey which has q constitutional restric-
ton on appointments from the legislative
branch similar TO that Of the federal Consttu-
ton. Ex-Governor George T. Werts was ap-
pointed TO the bench of the Supreme Court al
though he had voted as q Senator TO raise the
salaries Of the Supreme Court justices. His dis
ability was removed by repeating the increase
Of salary act. just as it Is now proposed to re-
move Senator KnoIs. Precedent and common
sense combine 10 demolish the exravagant
argument that the disability remains although
the immediate cause of the disability has been
removed by adequate legislative action.