The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-02-28
PROVIDING FOR A FAILURE TO ELECT.

We see no reason why MIR. Fields bill in
amendment of the act of 1902, providing
for the election of q president and vice
president in case Of vacancy caused by
failure to elect should pass. The act of
1909, following almost the exact language
of the constitution, provides that in case
" of removal, death, resignation, or ina
billty Of both president and vice pres-
dent of the United States the president
" OF the senate pro tempore, and, in case
4" there shall be no president of the senate,
"then the speaker of the house Of repre-
senfatives, for the time being, shall act
"as president Of the United States, until
tho disability be removed. or a president
"shall be elected" The law then goes on
to provide that if both offices shall become
vacant-unless a new presidential term
should commence on the fourth Of March
following-the secretary of state shall give
notice OF such vacancy and order an cleo
tion of "electors Of the president of the
united States to be held in the Novem-
Der following, providing that there shall be
of the notice and the first Wednesday of
December.
Mr. Fields bill proposes to amend the
provision relative to new election, by
providing that such election shall take
place when q vacancy is caused in tho Of
fees both of president and vice president
by failure to complete the count of the
electoral vote "or from any other cause"
and that, in case of such vacancy, the
"president of the senate, or his successor
Gin Office, shall act as president of the
"United States until tho Office is filled by
=" election"
Mr. Fields bill seems to be open to two
objections. There is no necessity for it,
and it would be unconstitutional. The
whole power Of congress over the matter is
derived from this clause of the constitu-
ton; "The congress may by law provide
T" for the case of removal, death, resigna-
nation, or inability, both of the plesi-
dent and wee president, declaring what
officer shall then act as president, and
"such officer shall act accordingly, until
/" the disability be removed, or president
Z" be elected"
Conceding, for the sake of argument,
that congress, under this clause, has the
right and power to declare what officer
shall act as president, when vacancy &C.
ours through failure to complete the
count, the constitution says that the officer
so designated shall act Gs president. and
continue so to act until president shall be
elected. This bill, however, assumes to
provide that the senate may change the
acting president of the United States every
day In the year, and actually declares that
the president pro teanp0re of the senate and
:" his successor in office" shall so act. 1t is
conceded that the senate may change its
presiding officer at will. Indeed, In case
its prcsidiog officer should become acting
president of the United States, II would,
ca necessitdte rel, choose new president
pro temp0re, who would, necessarily, be the
- successor in office" of his predecessor
and SO, by the terms of this bill, would be-
come president of the United States. And
this would occur at every meeting of the
eenate-all of which shows the absurdity
as well as the unconstitutionality of the
proposed bill.
There is no necessity for the bill, for
should there, by any possibility, be failure
to elect, by reason of a factious or other
delay In the count, the president would
have onlyto anticipate the expiration of his
term of office by an hour, and file his writ
ten resignation in the office of the secre-
tary of state, when by the very terms of
the act of 1899, and in strict conformity to
the letter of the constitution of the United
States, the president pro temaOre of the SEN
ate would become acting president OF the
United States and continue TO act as such
until president was elected, be 1t In one
or four years.
Another argument against the passage OF