The Washington herald., 1909-02-11

JUSE before ne senate ADJOURNED sSS-
terday Senator Hale. acting chairman Of
the Appropriations Committee. introduced
3 bill 10 reduce the salary Of the Secre-
tary OF State from Sl2.O08 TO $500 year.
This action was the outcome Of several
hours consideration By the Senate lead
ers OF the point raised that Senator Phi
lander c Knox, OF Pennsylvania, would
be ineligible fer appointment to the Office
OF Secretary OF State in Mr.. Tafts Csbi-
net for two years from March because
Of the salary clause IN the Federal Con-
stitution
When the legal lights Of Congress read
IN newspapers yesterday that the point
sgsinst Mr. Knox's eligibility had been
raised. they put their heads together 10
determine what should be done 10 let AIr.
Taft carry out his desire 10 have Mr..
Knox at the head Of his Cabinet
Not a Dissenting Voice.
From the outset there was not dis
senting voice to the contention that Mr..
Knox was ineligible for service as Secre-
tary Of State. The constitutional provi-
sion was clear and explicit.
The Increase made in the salary Of that
ofsee during AIr- Knoxs present term az
Senator would De a bar 10 his appoint
ment 10 a Cabinet position until the end
Of the time for which he vas elected 10
the Senate, unless some means were
found Of overcoming the difficulty
through legislative action.
II was agreed that the resignation Of
1Ir. Knox from the Senate would not OBJ
viate the difficulty. but the legal lights
we're Just as unanimous in the opinion
that Mr. Knox would be constituuonally
eligible for appointment 20 the Office Of
Secretary Of State after March 1. ISL
So the repeal Din was prepared and was
introduced by Senator Hale II was re
ferred to the Committee on the Judiciary
whose chairman, Senator Clark, Of Wy
oming. Immediately called a meeting of
the committee for this morning TO con-
sider the measure. Following IS the bill
presented by Mr.. Hale:
In relation 10 the salary OF the Secre-
tary Of State. Be It enacted by the Sen
ale and House Of Representatives Of the
United States Of America in Congress as
sembied, That section four OF the act en-
titled An act making appropriations To-
the executive. legislative and judicial e1-
pelses OF The government for Tie nscal
year ended June g. 190S and for other
purposes. approved February s. 1901, so
FAR as the same relates 70 the annual
compensation Of the Secretary OF State.
be and the same is hereby repealed"
II viii be seen that through this simple
legislative eXpedient the salary OF the
Secretary Of State win be reduced tC
sS0o0 while the salaries OF the Othel
Cabinet officers VIII remain at $1,000. II
"a
enters Mr.. Taft's Cabinet. Il IS expected
The salary Of the Secretary OF State vii
be increased 10 $1,000 after March /. 1911
when Mr. Knox viii be consttutionslly
able 10 accept the increased pay.
VIII Not Be Raised.
Senator Hale is authority for the state
ment that this WIN not be done. While
IL might be perfectly legal 10 do so. he
said. & might be regarded as an evasion
or as dishonorable-
Another anomaly OF the situation Is the
fact that huntington Wilson, who viii
be the Under Secretary OF State. wiz b
getting $1,000 per annum while Mr.
Knox. as Secretary OF State, viii be get
ting but S2OO0 per annum- The Iegisia
tive, executive, and judicial bin. which
was reported from conference yesterday
contains an agreement to this effect.
While Il IS expected the Judiciary Com
Elittee viii report the bin promptly viii
a favorable recommendation some OF &.
members are inclined TO believe Mr.. Kno,
cannot be appointed 10 the Office OF Sec
rotary Of State until after the lapse O
two years. even II the salary is put bacJ
70 the old 7g1lre
They contend that the mere fact ths
the salary had been increased during Mr.
knox's present term is sufficient to max
void his proposed appointment, and tia
the difficulty cannot be obviated By Re
pealiug the law providing for the in
crease. This view is taken also BY Chair
man jenkins. Of the House Committee o.
the judiciary, 10 which the bill would z,
after its passage by the Senate.
A considerable number OF able lawyer
IN the Senate and the House. includini
IS many Democrats a. Republicans. hold
however. that Mr.. Knox wiz not be con
stitutionalIy ineligible to appointment Il
the Cabinet IL the present salary OF tn
Secretary OF state is reduced 70 $500
Senator's Bailey and Rayner, both Demo
Gratis. take this view.
Senator Knox declines TO make an
public statement n regard TO the conten
tion raised against his eligibility. All h
would say was that he had been a law
yer too long 10 try his case. and he pre-
ferred 70 let others dispose Of II.
Knox to obey Constitution.
It was intimsted pretty broadly that h
would not care 10 accept the Office o
Secretary Of state Il any question re
NAMED as TO his constitutional right 4
do SO. and that II he were made the sub
ject OF much criticism he might declin
Mr.. Tafts tender
It is the view Of the Senate leaders o.
both sides Of the chamber that the Hal
bin provides a strictly legal and equitabl
solution OF the difficulty. The point i
made that the proposed action is not
measure for circumventing a provision
OF the Constitution. but simply an amend
ing an act OF Congress
Il was brought out also in discussion
among the leaders to-day that the Secre
tary Of State under the left administra
ton has net vet been appointed. and tina
IN case the bin introduced by Senate
Hale becomes a law. the new Presiden
simply viii have to consider whether o
not the salary OF the head OF the STAT
Department has been increased durin
Mr.. Knox's term in Congress.
II VII be found. il the bin Is passed
that the salary is the same as It wa
formerly, and the new President viii the
encounter no barrier in the appointment
Of the man he desires 70 take the Stat
portfolio.
The programme laid out by the Senat
leaders vili never be carried out. @
course, 81 Il should appear that PTesi
Always the Same.