Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1875-12-25

Special Correspondence Of Independent
WAsHIN GToN, Dec. 20.

WAsHIN GToN, Dec. 20.
The movement looking to the
election of a President pro. tenn.
of the y S Senate might seem per-
sonalto the occupant of the Presi-
dency of that body, viewed by one
not conversant with the facts of the
case The objection to leaving the
position into the hands of the gen.
tleman who now holds it by cleo
ton OF the special session Senator
Ferry of Michigan) is much more
legal than personal. Ordinarily it
would be matter of comparative
ly small import to suffer him to
hold over. But the death of the
regular constitutional presiding
officer, Vice President Wilson,
suggests the urgent necessity of
providing for the possible contin-
gency of the succession of the
rightful occupant of the place to
the Presidency of the United
States. which is certainly provided
for as matters now stand. Let us
take
AGLANCE AT THE QUESTION
in the light of the Constitution it
self: The second article of the first
section of that instrument declares
this "In case of the removal Of
the President from the Office or of
his death, resignation, or inability,
to discharge the powers and du-
ties of the said office, the same
shall devolve on the Vice Presi-
dent, and the Congress may by
law provide for the case ofremoval
death. resignation, or inability,
both of the President and Vice.
President, declaring what officer
shall then act accordingly, until
the disability be removed, or
t'esidentshall be elected
4 tits seen by this that the consti-
ton merely provides for the sue
cession to the Presidency of the
Vice President, in the event of
the death of the former, as in the
case of Johnson to Lincoln, and the
former ones of Tyler to Harrison,
and Fillmore to Taylor, in all of
which cases the change was effect
ed smoothly. The only enact
ment of law, in accordance with
the foregoing constitutional au-
thority, was that which dates
as far back as March l, 1892. 1t
provides as follows:
sIn case of the removal, death,
resignation, or inability of both
the President and Vice-President
of the United States, the President
of the Senate, or, if there is none,
then the Speaker OF the House of
Representatives for the time be-
ing shall act as President until the
disability is removed, or Presi-
dent is elected
The provision for temporary
succession, in the event Of the
death or disability of both the
President and Vice-President, is
clear enough. But unfortunately
there is no provision for having an
eligible substitute permanently
ready to take the SuppOsable va
cancy at the White House and in
the presiding chair of the Senate,
at one and the same time, such as
there would have been, for instance
had the impeachment of Andrew
johnson been sustained. In order
to render a break in the succession
impossible, the two officers from
which the succession must come
should be never vacant. In other
words, safety requires that there
shall always be President OF the
Senate and a Speaker of the House
of Representatives, which is not
the fact. Now Mr.. Ferry, it is
commended, having been elected at
an extra session, he was chosen
by majority of only one vote OF
the Republican caucus, last April
his election was special and not
regular one-that it was only
temporary at best, the Vice Presi-
dent then being alive. and that ii
expired with the extra session.
Now is there anything ia the law,
seemingly, that sustains those who
argue to the contrary, as many
Senators do under these circum-
stances the
POsSIBLEDEATH OF GRANT,
might by becoming an actuality
leave matters in very perilous
condition indeed.
The other contingency intended
to be provided for by the act OF
1925 is really not permanently
provided for--there being nc
Speaker at all from the adjourn
ment of one Congress to the cleo
ton of one by the next Congress,
as there used to be before the law
was so changed as to require one
Congress- to assemble Immediate
ly upon the adjournment of Its
predecessor, and proceed to al