The new South-news., 1909-02-20
Is Mr.. KNOX ELIGIBLE :?
UNLESS OBSTACLE Is REMOVED.
n'svns fropo>cd Successor Denies
i.mss,l To All Callers Except
Legal Lights Whose Con-
slo>ioa> are Awaited.


Washinstcn.--ls Senator Knox ell
lSiuio Tor appointment as secretary OF
state in the incoming administration
or Is the prcsident-eiect confronted
With the pressing question OF select
-- .ee Y4l.A.er Tor bis cabinet
This is a question that has con
frontel an Official Washington Tor
several dass And consequently there
has been much connine OF constitu-
tons. statute books. supreme court
decisions. opinions OF comptrollers OF
the treasury and other usual sources
OF such Information.
The facts Of the case are perfectly
plain and not disputed Senator Knox
was last elected in 1906 for a six
year trem. which will not expire un.
til March 3. 1911.
The constitution prohibits the ap-
nointment OF senator to an office
created. or the salary OF which has
been increased. during the term for
which he was elected. The salaries
OF the president. vice-president and
cabinet Officers were raised at the
present session OF congress.
So the question Is. whether under
this ncortrovertlble state OF affairs
Senator Knox can lawfully succeed
Robert Bacon March 4.
Il is quite evident that the senator
himself I. a greet deal pcrturh-d BY
the sprinsirg OF this question at this
moment
He has denied himself TO all call
ers, but is advising with his personal
friends; especially those of loyal
turn OF mind.
The Washington Post has dis
covered a new precedent bearing on
the knor case. which is as follows.
The Gaze OF Senator L. NJ. Morrill,
of Maine seem. 20 furnish a prcce-
dent for the proposed action OF con.
gress In restoring the salary OF the
secretary OF state TO its old figure
and thereby enabling Senator Phil
ander c. Knox TO assume that Office
Senator Morrill, was elected to the
senate ia 1871 for the term ending
March ;. 1877. During his term
(March ;. 1879 congress enacted
the notorious salary grab" raising
the salaries of the president. the JUS
tees of the supreme court, the vice
president, the cabinet, the speaker
and members of congress. The salary
OF the secretary Of the treasury was
raised from 5000 to 10000. On
Jan. 29. 1874. an act was passed
restoring all the salaries to their old
figures. with the exception OF those
OF the president and members OF the
supreme court. Senator Morrill, re-
signed from the senate July Z. 1876,
becoming secretary OF the treasury
under Gen. Grant and serving until
March 8, 1877.
No question was raised. apparent
ly against Senator Morrill's accept
ance OF the treasury portfolio. The
emoluments OF the Office had been
increased during the time for which
he was elected senator. and II the
salary had not been reduced he
would have been ineligible for APP
pointment. But with the restoration
OF the salary TO its old figure the con-
stitutional inhibition did not seem to
apply to his case. At any rate the
p MT was not made against him"
The Post, after reciting the facts
maintains that the people OF the coun
try are not interested in tcchnicaii-
ties II they can be assured that the
spirit OF the constitution is being OBJ
served. which II insists viii be the
fact in this case If the salary is re-
duced TO where II was prior to Mr..
kncx's advent In the senate.