Omaha daily bee., 1909-02-11

WASHINGTON. Feb. 1O.-Is Senator
Knox eligible for appointment as secre-
tary of state in the incoming administra-
tion, or must the president-elect, when he
again touches American soil tomorrow, find
himself confronted with the pressing and
dissgreeable necessity of selecting a new
premier for his cabinet2
This was the question that all official
Washington was confronted with this
morning. 1t was true that the first sug-
gestion of the possible constitutional OBJ
stacle to tho appointment of Senator Knox
as secretary of state was preached yes
terday, but II was so late at night that no
ono had an opportunity to lay hands upon
the legal authorities which might serve as
a basis for an answer to the question. Con-
sequently today there was much coming
Of constitutions, statute books, supreme
court decisions opinions Of comptrollers of
the treasury and other usual sources OF
such information.
The facts in the case are perfectly plain.
There is no dispute about them. Senator
Knox was last elected for a six-year term,
Which will not expire until March 3, 1911.
The constitution prohibits the appointment
of senator to an office created. or the
salary of which has been inceased during
the term for which he vas elected.
Knox COnsuIts Attorneys.
So the question Is. whether under this
urcontrovertible state of affairs, Senator
Knox can lawfully succeed Robrt Bacon
as secretary of state on March L. 1t is
quite evident that the senator himself is a
good deal perturbed by the springing of
this question at this moment. He had de-
MED himself to all callers, but is advising
with his personal friends, especially those
Of legal turn of mind, and without doubt
he will have a message on the wires before
President-elect Taft arrives at New Or
leans containing his own conclusions re-
garding his eligibility to the office of Sec
retary of state.
Before the day is over there will also
be delverances from legal lights of more
or less Importance in Washington, so that
the question should not long remain unan-
swered. Meanwhile a lay opinion. entitled
to some consideration, is TO the effect that
President-elect Taft can find a way t.
make Philander c. Knox secretary of state
without severely straining the United
States constitution.
Macveagh for Treasury Portfolio.
CHICAGO, Feb. 10.-As George NJ. Rey-
nolds is oot OF the field for the position
OF the secretary OF the treasury of the
United States, the name of Franklin Mac
Veagh of this city will probably be pre-
sented to President-eiect Taft.
Mr.. MacVeagh is a brother of Wayne
Macveagh of Pennsylvania. He is promi
nent merchant Of this city, but has taker
an active interest in politics for many
years.
Mr.. MacVeagh expressed surprise wher
told that a move was afoot to place hin
| in the Taft cabinet
ITS new to me; really, I never heard Of
II before" said he.
Despite official denials, the presence herr
| of Chairman Hitchcock OF the republican
national committee is believed to be II
connection with the filling of the secretary
ship OF the treasury.
! Mr.. Hitchcock has been here severa
days. and accompanied by Fred w. Upham
assistant treasurer of the republican ma
tional committee, will leave for New Or
| leans tomorrow.
| Mr.. Upham said he believed the position
| would be given TO a Chicagoan, but he wa
reticent when Mr. MacVeaghs name wa
mentioned. He hinted that Charles Gate
/ Dawes. former comptroller OF the currenc!
might be considered in the matter, but Mr.
Dawes secretary stated that any men
| tion" of Mr.. Dawes which might be goinJ
on was without the encouragement of tn
latter.