Omaha daily bee., 1909-02-14
TWO REPORTS ON KNOX BILL
Majority of House Committee Favors
Passage of Measure.
MINORITY RAISES LAW POINTS
Contention that it shouId BE Re
ferred to the Judiciary Com
mittee to Pass ON Its
COnstttutionaIity.

WASHINGTON, Feb. 12-AIthough the
bill removing the bar to the eligibility of
Senator Knox to become secretary of state
in the Taft cabinet was reported promptly
to the house today from the committee on
election Of president. vice president and
representatives in congress. the filing Of a
minority report also indicates that a contest
will be made against the passage OF the
measure. @E
Representative Gaines tw. vag author
Of the house bill, which is IDENTICAL with
that passed by the senate. expects to call
up the measure on Monday under suspen-
sion OF the rules and a motion will be made
TO substitute the senate bill. which, II
passed. would bring the two houses into
immediate agreement in spite OF the
minority report, Representative Clark of
Missouri. democratic floor leader. says the
measure viii not be made a party issue.
Therefore, the enactment Of the bill is con-
fidently expected.
Chairman Gaines OF West virginia pre-
sented the majority report and contented
himself with recommending that the bill
pass. The minority report was drafted by
Representative Giliispie OF Texas II was
approved also by Representative Hardwfck
OF Georgia. Hackett of North Carolina and
Rucker Of Missouri. although only Rep
re8entatives Gillespie and Hardwirk signed
IT, Chairman Gaines had prepared and up
TO the last minute intended TO report a
recommendation that the senate bill be
pc passed. but desisted when the question
arose as to whether the committee had con-
sldered the senate bill.
View. of the Minority.
The minority members held that while
on it's face the Gaines bill only seeks to
fix the salary OF secretary OF state at
3. 900. the real question is
Whether member of the United States
senate. during ~hcse term of office the
salary of the secretary OF state was in
creased from $500 TO $1,000 a year. can
hold the office Of secretary OF state any
tor was elected. provided that the salary of
the secretary OF state be reduced to what
IL was before being raised. The act OF
secretary OF state was increased" said
Representative Gilispie. lis referred TO as
saying 10 every member OF the United
States senate: You shall not for the time
for which you were elected to the senate
hold the office OF secretary OF state
The congress by which said act was
1907. II Is our opinion that the passage Of
that act and the expiration Of the con-
sTess by which It was passed forever put
Il out OF the power of any subsequent con-
gress to remove the constitutional prohibit
ton referred 20. II is our belief also that
this being a question of constitutional In
depreciation that instead of this house pass
ing this bill the whole matter should be re-
ferred 10 the house committee on judiciary
for its opinion.
We do not believe that a provision OF the
constitution that Is clear and emphatic
should be sought to be annulled or sus-
pended In the manner attempted by the
passage Of this bill.
We believe the mischief undertaken to be
provided against by this provision OF the
constitution clearly embraces the act OF
appointing one OF the United States sen
atOrs to the office OF secretary OF state.
II might be said, and truly, that this mis-
chief Is remote IN any event. however this
may be- Il contains sufficient danger for
the trainers of the constitution to provide
against.
II the constitution prohibits H. surely II
cannot be argued that II this prohibition
can be 80 easily overcome by the device Os
reducing the salary below what In the iudg-
ment Of congress II should be with the hope
which in this case Is almost a certainty, Of
: the salary being restored TO Its present
amount, that that would not be clear eva
sion OF the plain provision Of the constitu-
ton
The office OF secretary OF state probably
will be held for eight years by its next In
cumbent and a designing senator could
reasonably anticipate that although his sal
airy would be temporarily reduced IN the
closing years of his senatorial term that
at the expiration OF that term Il would
through his Influence be restored