The Montgomery advertiser., 1909-02-11
HALE BUSHES T0/AvE KNOX BY Q Reduce Salary of
 Secretary. CANNOT. SERVE AT INCREASE Constitutional Provision Disturbs
 Republicans. Pennsyrvania Senator Is Worried over The Situation Ana Hss De- niea Himseif ts all Inter-
 viewers.
CANNOT. SERVE AT INCREASE

Washington, Feb. 10.--Following close upon the discovery that Senator Philander c. Knox. of Pennsylvania, could not, without violating q pro- vision of the Constitution of the Unit ed States, accept the State portfolio in the Taft Cabinet. Senator Hale today took rrompt action to remove the Con- stitutional objection.
 Senator Hale introduced . resolution, which was referred tu the Committee on Judiciary, providing that the salary of Secretary of State be reduced from 900 to Ss,eeo. the figures at which 1t stood before 1t was increased, along with those of all other Cabinet ofsscers two years aga.
 In view of this resolution, Attorney General Russell, to whom the question was referred informally for an opinion. held that if Congress restores the sat- ary to what it was before MT. Knox entered the Senate. "the case falls oue- side the purpose of the law. and ts not within the law"
 Senator Hale. in discussing the situ- ation, said:
 'Tt would be very serious if there were no remedy, but there is . rem- edy in . repeal of the law increasing the salary of the Secretary of States and it will be immediately applied.
 "The portion or the law applying 60 the 0ffice of the Secretary of State can be cancelled by legislation, and as the law was never intended to apply in such case as that of Mir. Knox, there is no douht that a bill with this end in view will be immediately introduced and just as little donbt that 1t will be passed. 1" &
 Knox wanss 'Only es0oo.
 Senator Hale said there is no thought on the part of Senators of increasing the compensation of the Secretary of state after March {. 1911. when Mir. Knox's term in the Senate would have expired had he served until its close. He said it is the purpose of Mir. Knox to serve throughout the four years of the Taft administration at salary ot &e,00O per annufn-
 The. general ccfaenaus of opinion. on both sides of the senate chamber was in Record with Senator Haf8a view that the aituation should be renedied hv the repeal of the law insofar as ie affecfed the offics of the Secretary of stateS but there were few dissenting voices on the Democratic side.
 Senator Rayner. himself an eminent legal authority, after canyassing both sides of the chamber, expressed the view that repeal offered the only feas- ihie course out of the difficuity. He said:
 aThe statutes at the time the ap- pointment Is made governs the case, and if at that time. under the law, there is no increase in salary, but the salary stands as it did before 1t was increased, there can be no opposition to the appointment"
 This could be accomplished by mak- ing the statutes of the law what 1t was before the increase was made.
 1n the House there was general ac- ceptance of the suggestion, but it was not accepted by all as feasible. Some members raised the question as to whether even after a repeal, he would not be prohibited. inasmuch as the Con. stitntion forbids the appointment to an office, the salary of which has been raised during the appointee's term as . member of Congress, nothing being said about the subsequent reduction of the salary.
 The facts in the case are that -Sena- tor Knox was last elected for c six year term which will not expire until March 2. 1911. The constitution pro- hIbits the appointment of a senator to an office created, or the salary or which has been increased during the term for which he was elected. {. So the question is whether. under this uncontPovertfble state of affairs. Senator Knox can lawfully succeed Robert Bacon as Secretary of State on March {.
 It is quite evident that the Senator himself is a good deal psrturbed by the springing of this question at this moment. He has denied himself to all callers but is advising with his per. sonal friends; especially those of q legal turn of mind and without doubt he will have a message on the wires before Presfdent-elect Taft arrives at New Orelans. containing his own con- cIuslons regarding his eligibility.
 Meanwhile Senator Hale hopes to save the day with his bill.