Show RESIDENTIAL I ELECTIONS f k Succession Laws fOR 57 Of f PRESIDENTIAL I SUCCESSION Constitution Constitution Has C Cared r red d for forr forIt r It 3 1 Vexatious exa ous Problem in t Logical Way W Y I iF FAILURE TO ELECT t I i WOULD WOULD CAUSE TROUBLE I r ri G i IL t 1 WIio Vho W Would Be Chi Chief f Ex Executive Ex- Ex n If None I Is CJu Chosen sen f by Prescribed Means fans M ans 1 J feY FREDERIC J. J HASKIN t r i l Jf if it should so o happen that b both th tb the president and the pr jd Jt should bould iee the thc duties of the thet the be un unable bl to exercise t P j office either l by y r reason l of death ic- ic of inoval al or cl disability it would fall fail upon r the shoulders of J the Secretary of f- f state f o II JH as s he hc qua quail quail- li cued oi or if li it t should liac to pi pass s him it w would ld fall upon t tho o b bul uHl rs ff lof f tt th 9 o of nt the treasury ami ancl amino r no M ou iloni h the t of ot cabinet billet billett I t officers fi 3 as fai fat faias RI as a th the cr of pr I. I J r c Tie iUd aud iu tho i r taly co commerce and labor fr ere v re omitted from c. c th i et r of of 1886 l bc aus au's i iS S their positions bad had bad not then not 4 then bb been n created i Tho Y h h w wot ul act act ps t i by the c f 1 1 Y t f l g r 5 I within twenty days day and to l lay y before if it the t fact at ct if f C th the In the th presidency dency ney after which it would become the duty of that body to c. c call n ll a a special f election for the Uie filling Lilling of the va ancy 1 t at in In the tho residential presidential and aDd vice ico presidential i Hal offices es It has been suggesTed by br H some that in iii ID tho e ecot cot the fort hc mA m- m f A- C Cf Continued on pa page pago o 2 PROVIDES PROVIDES FOR PRESIDENTIAL I SUCCESSION Continued from l pago CO 1 I ing nj election is forced into congress and the ho house should fail to choose a a- pres- pres dent Cut and the senate a n. vice ice president Secretary of State Philander O O. O Knox Kno would become president some some going soing so 80 soar far ar as to say that he would serve for four our years ears Tho The first stat statement ment may mayo maybe maybo bo be o trI true trite while the tho other certainly is not ot No No lIO careful reading of the tho constitution con con- will reveal roveal any direct authority author author- ity y for any succession in n the event of ofa a failure to elect The constitution and th he law both authorize this succession in n the tho event that a vacancy occurs through brough h death removal or disability but iut but neither makes any provision for fora a vacancy through h failure to elect It is reasonable to suppose however that bat should such a situation arise tho the provision revision in the tho case of vacancies from death eath removal or disabilities would apply In that event however Mr Knox would only C act C act as president J until a special pedal election lection could be bo held Ho He lo is required by the tho law authorizing hint him to take up the reins of government govern govern- mont ment to call caU congress together if it itis itis its is s not already in session BO so o that hat it itan itcan an can provide for a special election Howlong How Howong lon long ong it would require for such an tion on to be held is hard bard to forecast In Inthe Inthe the io first place con congress ess would have to areo upon the time timo and the tho terms of he the the election Then Thou time probably would have lave to be allowed for another pre pro convention can canvass and another pro pre election lection campaign It is very vory probable that under these conditions the election olec elec- tion ion would bo ho called for the usual Tuesday Tues Tues- day ay after tho the first Monday of Novem- Novem her bor jor and that the electoral electora voting and the tho bo congressional counting would bo be b moved up just one year Then another anther an an an- other ther congress would be in session and anda a house houM deadlock would bardl hardly be he probable 4 Mr Acting President It is odd that some somo mo eminent authorities author author- ties ies in iii congress have bavo assert asserted d in years ears tone gone one by that the secretary of state or orlis his lis cabinet eu successor would would- s serve out the he year four term acting as prest- prest dent ent dent An n inspection of the debates of f the constitutional convention shows show that hat there was no intent in that body that hat any person perron reaching the prest dency ency by any route laid out by con con- gross TOSS should serve a full term Randolph Ran Ean- olph dolph of Vir Virginia I moved oved- th that t con congress provide for in the event of tho ho the death disability or removal of the tho president resident and vice ce president and such officer as as' as was waa was was' sele selected should serve until time of elect elect- lug ng a president shall ahal arrive Madison opposed that part of it it saying that it would prevent congress from filling a vacancy bv by an intermediate election eJection Ho He e therefore moved an amendment providing until such disa disability be bo re- re moved noved or ora a a president shall be elected That hat amendment became a p part pan rt of the I constitution and was incorporated in inthe the lie succession act ad of ni 1702 1712 a ai as we well as ns in ib that hat t df of e 1 Si- Si a cabinet officer succeeds to the he the presidency what will ho be bo called The ho constitution does not say 63 that he shan shall become president Would wo we woin in the tho face of that omission call him him nim president I It does provide that ho hoShall hoshall shall ahall II act Mt as p president Will ho Jio bo be o only ony If Mr Mr Acting President It rt is interesting to follow tho the debate of th the constitutional convention con con- cornin corning the presidential succession sion El- El bridge Gerry had opposed tho the assignment assignment assign assign- ment of tho the duty of presiding over the tho senate to tho the VICO vice president upon the tho ground that the president and nd the tho vice vico pr president would be so BD intimate that they mi might ht just as well mako make tho dent dont the presiding officer of tho the sen ate Governeur Morris Morns replied that then this would be the tho first time timo in history that an hoir heir apparent parent was fond of his father One ODe thought that the vico vice president ought tough t to to have ve something else elso to de do besides waiting for the dent to die dic or be bo removed and that was was why ho he favored giving iVing him tho the presidency of tho the sonata senate The Tho clause un under er which con congress ress has bas a 0 right to provide a presidential succession comes from the tho tion tien prior to its amendment It provides pro vides that in case caso both the tho president and nud vice vico president resi resign n. n di die are aro disabled dis or are removed congress may by law provide what officer shall shan then net act as president nt and such officer shall shan servo accordingly y until the disability bo be removed or a president shall be bo elected No one ono yot yet has decided what shall constitute a n disability Some Somo as as- sort sert that it cannot occur until th the president is ia certainly no longer lonser able to dischar discharge e the tho duties of the office However why would it thou then say Un C un til UI tho the disability be bei Some Somo assert that when G was lin tying lying at tho the point of death hi his disability Usability bean began be be- gan an when lie Ho was shot and that the same was the case caso with McKinley McKinle The Tho first presidential succession act net was passed by bv congress in in 1792 It provided that in the event that both the president and the vice vico president could not serve that the president of the Ben senate ate should act as president and that hat he be in turn was t to be understudied under studied by the speaker of the house of representatives This provision was made mado in the tho law rc regulating the election of the president It continued to be bethe bethe bethe the law until the succession act of 1886 1880 was framed This latter act provides pro for the succession suc sue cession of tho the o officers of tho cabinet in tho order of their rank down to and including the secretary of tho the interior and provides for tb the calling of a special spacia spa cia cial election It limits the accession of these officers only to those who have been confirmed confirm i by the tho senate who fill the eligibility specifications of of tho the constitution and who are not tinder r impeachment The third t l term rm matt matter r never ev g fi figured area directly in m tho the constitutional debates although as long lont as there was any idea that tho trio president was waa to be s selected by congress he was was' to ho bo ineligible blo even to a a. second term Some had proposed pro pro- posed term torm a n during durine good o d behavior and others had acceded to the tho proposition proposition provided they could devito a form of impeachment or recall that would not be too difficult of bein being en en- forced Others thou thought ht a a. term about ri right ht Finally they decided on Jno tho year lour t term rm without any inhibition in in- a against reelection re Washington Washing Washing- ton declined a third term because patriotism pa pa- did not net forbid his bis laying down tho the cares of state and his natural inclination in In- t to return to private life J Jef Jef- f. f Larson declined a third term because of or tho the example of an illustrious predecessor sor soc and because he believed it was aa as much a duty to give rhe up the office at a proper time as it was to 10 fill it well when ho hold held it He lIe said to those who ur urged ed that there thore were grave gravo problems then to bo be solved and that ho he was theman the tho thoman theman I man to solve them that there never would bo be a a. time when I ties would not exist and that he be was sensible that he was not the tho only ono one who could solve them Grant had bad no patience with the anti anti- third term proposition Ho He informed tho the Pennsylvania state eo contention in May 1875 1876 that it might como come to pass that it would be bo unfortunate if not disastrous if tho the country could not a man for a third term torm He assorted assorted as aM sorted however that ho he was no not a candidate can candidate didato for lor and that he would not accept ono one unless stances rendered it imperative that ho he should do so so circumstances not likely ely tp Ic arise However in 1880 it was different with him and ho he would have accepted a n third term terra then if he be have haye secured the Republican nomina tion There Thore was wag nothing in in any of f the tho plans submitted to tho the en co convention for a ai i vico o dent The first fust time tho the ida J of suban sub puch an Ion official was brou brought ht forth was in in a a. report made mado to the convention after it bal bai been in ill cession several months It was v confessed that but for th the advisability of b having tho the successor to the tho pre president n chos-n in the tho same carrie wa way that the tha president was chosen the he office Q of rice dee president would have havo l been een about as BS useless as as the fifth wheel to a wagon waon Tomorrow PRESIDENTIAL ELECTIONS V. V V. Changing the Elect Electoral ral Plan |