The San Francisco call., 1909-02-14
| KNOX RELIEF BILL
MEETS OPPOSITION
Majority Recommends Passage
of House Measure Which Is
Not a Party Question
Gillespie, for Minority, Suggests
Objection TO EVading COnsti=
tuti0nal Provision

WASHINGTON. Feb I3-Althougl
the bin removing the bar TO the eligi-
= binty OF Senator Knox TO become sec
retary OF state in the Taft cabinet was
reported promptly 20 the house today
from the committee on election Of presi,
ident vice president and representa-
tives in congress, the fling Of a minor
-ity report also indicates that a contest
VIII be made against the passage OF
the measure.
: Gaines, West Virginia, author OF the
house biz, which is identical with that
passed by the senate, expects to call up
the measure Monday under suspension
> OF the rules. and a motion wiz be made
: 10 substitute the senate bill, which, If
; passed, would bring the two houses
into immediate agreement.
! NOT MADE FARTY MEASURE
In spite OF the minority report Clark,
Missouri. democratic floor leader, says
4 the measure VIII not be made party
issue Therefore the enactment Of the
bin is confidently expected
+ Chairman Gaines, West Virginia, pre-
scented the majority report and con-
stented himself with recommending that
'Ihe bin pass.
The minority report was drafted by
/ Gillespie OF Texas it was approved
1also by Hardwick Of Georgia. Hackett
Of North Carolina and Rucker Of Mis-
souri, although only Gillespie and
Hardwick signed It.
Gaines had prepared and up to the
last minute intended TO report a recon-
nendatiOn that the senate bill be
7 passed, but desisted when the question
. arose as 10 whether the committee had
considered the senate bill
OBJECTION BY MINORITY
while upon its face the Gaines bill only
seeks 10 tx the salary OF the secretary
rof state II $4,000 the real question is:
Whether a member OF the United
States senate during whose term Of
on1ce the salary of the secretary of
state was increased from S. 600 to
$4,000 year can hold the office of
secretary OF state any portion OF the
term for which said senator was elect
ea- provided that the salary Of the sec
Tetsry Of state be reduced to what it
was before raised
Representative Gillespie said:
lhe act OF congress under which the
Ss4ary OF the secretary or state was
Increased is referred 10 as saying 10
every member Of the United States sen
ate. You shall not for the time for
Wnlcn you We're elected 10 the senate
hold the once Of secretary OF state"
Ihe congress by which said act was
ID.
1901 It ls our opinion that the pas-
sage OF that act and the expiration
OF the congress by which II was passed
. forever put it out Of the power of any
subsequent congress TO remove the
constitutional prohibition referred to.
CONSTITUTION IS INVOLVED
% II is our belief also that, this being
a question OF constitutional interpreta-
ton, instead Of this house passing this
-oill the whole matter should be re-
argaff
sudlciary for its opinion.
- we 90 not believe that a provision
OF the constitution that is clear and
emphatic should be sought. 10 be an
nulled or suspended in the manner at
tempted by the passage Of this bin.
We believe the mischief undertaken
10 be provided against by this provision
. Of the constitution clearly embra ces
the act OF appointing one Of the United
states senator's 10 the Office of secre-
Iary OF state.
EVASION OF LAW FEARED
It might be said. and truly. that this
mischief is remote IN any event; how
ever this may be. IL contains sufficient
danger for the trainers of the consti-
tuition 10 provide against. If the con-
J.. stltutlOn prohibits it, surely IL can not
ne argued that If this prohibition can
be so easily overcome bv the device of
reducing the salary below what in the
judgment Of congress il should be. with
the nope which ia this case is almost
certainty of the salary being restored
10 I+s present amount that that would
not be clear evasion Of the plain pro-
vision Of the constitution.
- The Office Of secretary Of state prob
ably VIII be held for eight years by
Its next incumbent. and a designing
senator could reasonably anticipate
that although his salary would be tenn
porarny reduced in the closing years
Of his senatorial term. at the eNpira tion
Of that term il would, through his in
uuence, be restored.