The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-12-29
LK0IsLATI0N RELATIVE TO THE "sUC.
CEsSlON."

The senate, by the adoption of Mr.. Ed
mund's resolution, have determined that
Thomas W. Ferry, of Michigan, shall be
the president pro tempore of that body
until ''fresh appointment" shall be made
and have, thereby, set at rest for the
present, at least, the question of the ''suc-
cession" as we are wont to term It.. The
importance of this matter 10 found in the
fac. that in /. certain contingency-namely
the death of the president-that officer
would TACT as" not become, president of
the United States. The constitutional pro-
vision governing this matter is as follows:
In case of the removal of the president
" from office, or of his death, resignation,
" or inability to discharge the powers and
"duties of the said Office, the same shall
devolve on the vice president, and the
congress may by law provide for the
case of removal, death, resignation, or
inability, both OF the president and vice
president, declaring what officer shall
then act Is president, and such officer
+" shall act accordingly, until the disability
be removed, or president shall be elect
ed" It follows, therefore, Henry Wilson
being dead, that in case Of the removal,
death, resignation or inability of President
Grant, the officer provided by law would
act Is president" until March 4, 1877.
Congress has determined, definitely, what
officer shall 10 act, the constitution provid-
ing that the senate shall "choose q presi-
" dent pro tempore in the absence Of the
" vice-president, or when he shall exercise
"the Office of president of the United
" States" and the question who is now
such president pro tempors of the senate
having been determined by the adoption Of
the resolution of Senator Edmunds, the act
of congress, approved March /, 1909, fixes
the succession" as follows "In case of a
death, removal, resignation, or inability,
" both OF the president and vice-president
" OF the United States, the president of the
" senate pro tempore, and, In case there
" shall be no president of the senate, then
" the speaker of the house of representa-
lives, for the time being, shall act as
"president of the United States, until the
disability be removed, or a president
" shall be elected" 1t was this provision
that gave Importance to the question
whether Senator Ferry remained president
pro tenpore of the senate after the meeting
OF that body subsequent to the death of the
vice-president, or whether his Office termin-
ated with the meeting of the senate, for, In
the latter case, on the death of the presi-
dent of the United States, the speaker of
the house would act as president until
March 4, 1877, and no subsequent
election of presiding officer by
the senate could superccde him, and
no election of president by the people
could be held In case of vacancy
happening within seventeen months prior
to the expiration OF his term of offlce-if,
however, both offices of president and vice
president should become vacant more than
seventeen months prior to the expiration of
the term, then the act of March 1, 1909,
directs the secretary of state to order q
new election to be held on the first Wednes-
day of December and prescribes the man.
ner of such election. srrr
The question of who is president pro
eempore Of the senate and, consequently,
who would act as president of the United
States has been Get at rest by the passage Of
senator Edmunds resolution, but the OBJ
1ect and intent of that resolution was only
70 determine the matter temporarily and to
leave the whole question open to bs settled
oy future legislation. 80 long a. the mat
YER 10 thus lett open, there are many ques-
lions which invite settlement. AIRY sens-
tor or representative may be called upon TO
act - president of the United States, The
only qualification being that they shall be