Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-02-13
Strict Construction.

Some strict conStruct1OnlStS OF the con-
stitution are suggesting that no repeal
ing action can be taken by Congress
which will qualify Senator Knox to serve
as President Taft's Secretary of State
They contend that the Constitution dis
qualities a senator from federal service
in an office of which the emoluments have
been increased during the term for which
lie was elected, even if during that term
and before his appointment to that office
the increase has been repealed. This
narrow construction of the Constitution
ignores the spirit and intent of the con-
stitutional provision and adhereS SO SlaV-
ishIy TO the letter as to open the door 10
a multitude of possible injustices and alb
surdities.
If last years salary increase unavod-
ably disqualified every man elected sena-
tor for a term which included 1908 then
Mr.. Knox could not serve in the Taft caol-
net, even if he had resigned before the
enactment of the salary-increase law, or
before the slightest suggestion of any IN
crease of Salary-even If he had fled the
Senate Immediately after taking oath tor
his present term, three years before the
enactment of the salary-increase law.
Under this construction Of the Constitu-
ton. ex-senator Spooner, who resigned
to practice law in New York before the
passage of the salary-increase law. is not
today eligible to a position In the cabinet,
though he will be after March ., 1909,
when the term to which he was elected
expires If he had been elected senator
in Senator knoxs class. instead of two
years earlier he would be as ineligible as
Senator Knox to be TaftS Secretary OF
State.
If Nebraska had elected ". j. Bryan
to the Senate. as was proposed. two years
after his first defeat the republicans could
have rendered him ineligible to the presi-
dency for his second race. merely by in
creasing the salary of President by one
dollar during the term for which he was
elected senator. And under the narrow
construction of the Constitution which
has been suggested this disqualification
would have been effective and unavoid-
able even if Bryan had resigned as SEN
ator the day after he qualified and months
before the increas ed salary enactment
This strict construction of the Consti-
tuition should be avoided because it leads
TO injustices and absurdities. 1t Is al
most impossible to amend the wording of
the Constitution except a result of
civil war or in view of conditions which
threaten such war. Only liberal con-
struction of the Constitution by the SUI
preme Court of the United States in ap-
plying the fundamental law according to
its spirit and intent to conditions vastly
changed and in many respects not even
contemplated when the Constitution was
adopted has prevented the nations or
ganic act from Gripping its growth and
stunning it's development The year of
our Lord 1909, when the Supreme Court is
giving the broadcast construction to the
Constitution in order that the century-old
nation may live and prosper and wonder
fully develop, and when our strictest con-
structionists are deliberately violating
certain constitutional amendments, appar-
entity with the tacit consent of our broad
est constructionists, is no year in which.
in disregard of the public welfare, to
shout ones self hoarse in advocacy of
narrow, microscopically technical and
absurdity- breeding constitutional con-
structions.