Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-02-10

extra session. after Mr. Knox had left the
Senate. put it back again on par win
other cabinet officers.
Humor Of the Situation.
The situation thus being relieved OF
seriousness. the discussion today was for
the most part, of humorous character
Everybody was laughing over the plsht
in which the first constitutionallst OF the
land finds himself The joke appears 10
be on Senator Knox. I'm that he, who Is
supposed to know the constitution Dy
heart and almost to repeat in MS sieep,
should overlook the bearing OF TINS par
ticular clause upon his own case
He of course, had not forgotten MS own
participation in the passage of the salary
lifting bills, but as no vioiaton " tn nd
spirit of the Constitution is contemplated
i'm his case he probably had never given
the subject a second thought.
The politicians were also having a little
fun at the expense of Mr.. OnVer OF FItts-
burg who is to succeed Senator knox III
the Senate when the latter goes into the
Cabinet. 1t was supposed that MT: oiiFer
had a disagreeable half hour Wren ne
heard the news that Senator Knox mlSht
be debarred from promotion and clearing
the way for himself, but he was soon re-
assured.
Some Precedents Found.
This is not the first time the same
has been raised In President Clevelands
second administration. while Senator
Ransom of North Carolina was in the
Senate. President Cleveland appointed
him minister to Mexico. The point was
ra ised that the salary of the Mexican
mission had been raised to S11,aoO while
Senator Ransom was a member or the
Senate. and his eligibility was ques-
toned.
Tho caSe uaS referred to the Attorney
General VIII ruled that he was ineligible,
and the President consequently Withdrew
the nomination. But as soon as the SEN
ator's term expired Mr.. Ransom was re-
appointed to the post OF minister 10
Mexico.
Inquiry into the precedent develops
an instance in which Mr. Knox himself
figured when he was Attorney General.
and in which he made ruling. Mr.
Page Norris representative in Congress
from Minnesota, went out of Congress In
March. 1903
A bill had been passed creating an adj
ditiOnal judge for the state of Minnesota
before Mr. Morris term expired AS he
knew that his congressional career was
drawing TO a close it was proposed that
he should be appointed to the judgeship.
But the question was raised as to MS
eligibility.
The President referred the case to At
torney General Knox. who decided that
Mr.. Morris could not be appointed to the
judgeShip until after his term in Congress
had expired. The place was kept open for
him and he received the appointment.
Another case occurred i'll 1881 when
Senator Kirkwood of Iowa. who had re-
signed before his term expired, was pro-
posed for appointment on the tariff COM
mission authorized by Congress in his
term. In that case the Attorney General
also decided that he was ineligible.
The Case of A. T. Stewart.
Mr.. KnoX's position. although not
identical with that of Alexander T.
Stewart in President Grants admins
tration. recalls the dilemma in which
the President and Mr.. Stewart found
themselves. At that time Mr.. Stewart
was the leading merchant in the world.
with a fortune estimated at $50. O0O. 200.
The President offered him the Treasury
PORTFOLIO, and the offer was promptly
accepted.
1t was then found that no importer
might have the secretaryship of the
Treasury on the ground that he would be
called upon to pass on the assessing of
duties on goods billed to himself. This
was a great blow to Mr.. Stewart. who
late in life was anxious to belong to the
administration, and he made an extraor-
binary proposition.
the position he would withdraw entirely
from business for the time he might hold
Office and would accept none of the prof
its during that period, allowing every
thing to be turned over to his partners.
The Attorney General. however. to whom
the case was referred, decided against
him.