Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-02-14
ON KNOX
DEVELOPS IN
THE HOUSE
MINORITY REPORT ON
REMOVAL OF DISABILITY
Democrats Fear That PcnnsyI-
vanian Is HopeIeSSIy DiSQuaI-
flied from Accepting Port
folio Of State Department.

IBy Morning journal special iepsed vircl
Washington, Feb. 13.=Although the
bill removing the bar to the eligibility
| of senator Knox to become secretary
OF state III the Taft cabinet was re-
ported promptly to the house today
! from the committee on election Of
president, vice president aud repre-
INcntativcs in congress, the fllinE OF
minority report Also indicates that
= contest viii be made against the
passage OF the measure.
Representative Gaines (Wcst Nir-
einia) author of the house bill which
| Is identical with that passed 10y the
senate, expects to call up the measure
on Monday under suspension of the
rules and q motion will be made T.
Substitute the senate bill. which, If
passed, would bring the two houses
into Immediate agreement In spite
OF the minority report Representative
clark (MissourD democratic floor
leader. says the measure VIII not be
made Il party issue. Therefore the
enactment of the bill is confidently ex-
Tocteu.
Chairman Gaines (West Virginia.
presented the majority report and
coutentcd himself with recommending
that the bill pass
The minority report was drafted by
representative Gillespie of Texas, II
was approved also by Representative
Hardwick OF George, Hackett OF
North Carolina and Ruckcr OF Mis-
souri,. although only Representatives
Gillespie and Hardwick signed 1t.
Chairman Gaines had prepared, and up
TO the last minute intended to report
a recommendation that the senate bill
be passed but dcsisted when the dues-
tlon arose as TO whether the commit !,
tee had considered the senate bill.
The minority members held that
while upon its fact the Gaines bin
only seeks TO ilx the salary OF secre-
tary of state at $4,000, therefore tho
real question Isl fHn
Whether member. ..i,l,e United
3 Yates senate, during Maose term ~
office the salary of the secretary was
increased from $4,000 to $1,000 a
year, can hold she office of secretary
of state any portion of the term for
which said senator was elected. pro- |
vided that the salary of the secretary |
Of state be reduced TO what 1t was !
before raised"
The act of congress IN which tho
salary OF secretary Of state was In
1reased." said Representative Giles
pie. Is referred to as saying to every |
member of the United States senate,
YOU 1Hdll upl lOI tHt illlltt LOT WultU |
you were elected to the senate hold |
he office of secretary of state"
THE congress by which said act
vas passed expired on the fourth day
IF March. 1907 1t Is our opinion
hat the passage of that act and the
expiration OF the congress by which 1t
passed forever put II out Of the power
If any subsequent congress to re-
move the constitutional prohibition re-
Il l...If .IaF.. .F.t
his being question of constitutional
that instead of this
house passing this bin, the whole mat
cr should he referred to the house |
ommiltec on judiciary for It's opin
on.
I'VE do not believe that provision
# the constitution that IT, clear and
mphatic be sought to be annullcd or
uspendcd in the manner attempted
" the passage of this bill
"Wc believe The mischief under
aiken to be provided against by this
PROVISION for the constitution clearly
mhrnccs the act Of appointing one
f the United states senators to the
nicc Of secretary OF state.
1T might bc said, and truly, that
his mischief is remote in any event,
Iowcvcr. this may be II contains suf-
cient danger for the Trainers Of the
90 provide against If
he constitution prohibits It. surely
can not be argued that II this pro-
ibition can be so easily overcome BY
he device of reducing the salary be-
~ what, in the Judgment of con-
ress it should be with the hope which
! this ease Is almost a certainty Of :
he salary being restored to its pres
MT amount that that would not be e
lear evasion Of the plain provision of
lc constitution
The office OF secretary Of state will |
robablv be- held for eight years by
$ next incuwbcnt and q designing
rnator could reasonably anticipate
lat although his salary would be tenn
orarily reduced Ia the closing years
his senatorial term that at the eX-
iration Of that term 1t would,
trough his influence by restored" :