The Birmingham age-herald., 1909-02-14
Salary Cutting Bill Has Several
 Strong Opponents
KNOX MAY QUIT CONTEST
The Senator Says He Will Not Accept the Portfolio of Secretary of State If There Is to Be Fight
 Over the Matter.

Washington, February E.-(Speeial)- The friends of Senator P. c. Knox worked strenuously today with members of the House to prevent bitter criticism of the bill repeating the bill increasing the sal ary of the Secretary of State, the pur- pose of which is to enable Senator Knox to accept the position of Secretary or State in the Taft cabinet
 The bill will pass the House. The House committee on election of President, Vice President and representatives in Congress today reported it favorably by a vote of to 3. An opportunity to bring 1t before the House is awaited now by its friends. It is the present plan to attempt to pass it under suspension of the rules on Monday. If the poll now being taken shows that the necessary two-thirds vote cannot be obtained for this purpose it will go over until Tuesday, when it can come up on calendar call.
 But friends of the bill face this diff culty: Senator Knox has said that if there should be a contest over the pas sage of the bill he will retire from the contest and make it's passage unneces- sary. MT. Taft will have to select an- other Secretary of State. It is to avoid this contest to prevent outbreaks in the House that Senator Knox's friends are working so hard.
 Tafts Message Not Liked.
 The telegram from MT. Taft urging the passage of the bill was not well received I+ had effect on democrats who are opposing the bill on the ground of it's unconstitution- ality Republicans are inclined to resent the interference, it is charged, of MT Taft in legislative matters. There is nc hostility to Senator Knox anywhere Nearly every member of Congress wishes to see him head the cabinet but they want to know that he goes there consti- tutionally
 There is a criticism that the constitu- ton has been stretched too far in many cases recently and they desire to con slider the pending question carefully.
 Before the committee had acted on the matter today there was short colloquy on the subject on the floor of the House.
 Representative Henry of Texas moved the reference of the senate bill to the house committee on jlidlclary. but the Speaker ruled him out of order. In re- ply to Representative Underwood of Ala bama, who quoted numerous parts, the Speaker said that the senate proposition was on the Speakers table and that un- der the rules he could refer it where he pleased. He announced that he had al ready referred it to the committee on the election of the President. Vice Presi- dent and members of Congress.
 Minority Report.
 The minority report was drafted by Representative Gillespie of Texas. It was approved also by Representatives Hard wick of Georgia Hackett of North Car olina and Fucker of Missouri, although only Representatives Gillespie and Hald- wick signed it. Chairman Gaines had prepared and up to the last minute, in- tended to report to the house q resolu- ton that the senate bill be passed, but he desisted when the question arose as u whether the committee hal considered the senate bill.
 The position Is taken by the minority members that while upon it's face the Ciaines bill only seeks to fix tEe salary of Secretary of State at $S000 the real ques- tion is:
 "Whether a member of the United States senate during whose term of of flee the salary of the Secretary of State was increased from $S000 to 600 can hold the office of Secretary of State any portion of term for which the said sen ator was elected. provided the salary of the Secretary of State be reduced to what it was before raising"
 The act of Congress under which the salary of the Secretary of State was in creased is referred to as saying to every member of the United States senate:
 Prohibition In Law.
 You shall not during any time for which you are elected senator hold the office of Secretary of State"
 "fhe Congress by which said measure was passed" continues the report, tex pires on the fourth day of March, 1907. It is our opinion that the passage of that act, and the expiration of the Con gress by which it was passed, forever put it out of the power of any subse- quent Congress to remove the constitu- tional prohibition referred to. It is our belief also that this being a question of constitutional interpretation, instead of this house passing this bill the whole matter should be referred to the commit tee on the judiciary of the house for it's opinion.
 We do not believe a provision of the constitution that is clear and emphatic should be sought to be annulled or sus- pended in the manner attempted by the passage of this bill
 We believe that the mischief under taken to be provided against by this pro- vision of the constitution clearly embraces the act of appointing one of the United States senators to the office of Secretary of State.
 Tt might be said. and truly. that this mischief is remote in any event, however this may be, it contained sufficient danger for the framers of the constitution to pro- vide against If the constitution pro- hibits it surely it cannot be argued that if this prohibition can be so easily over come by the device of reducing the salary
 
 (CONTINJTED ON PAGE 6l