The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-01-08


New victims Of the Ashtabula disaster
arc brought to light every day. The names
of FIVE additional PERSONS, vino Tcgislcd Mt
that time, were published Saturday, among
whom was DR.. A. w. Hopkins, e Hart
land, in this state. 1t is asserted that the
railroad officials positively ordered that no
water should he thrown on the burning
cars "to the effect that all should sink into
''oblivion." As a reason for this course, it
is said that ty tic statutes OF Ohio, the
company we're liable 10 pay five thousand
dollars for each death caused by their act,
neglect or fault, while the damages to the
surviving injured might, and probably
would, range much higher. To give color
to these statements, it is row positively
asserted, on the authority of passengers in
the several cars, that there were at least
two hundred and twenty-six passengers,
besides twenty or twenty-five children, on
the Inflated train, instead of less than one
hundred and sixty, as stated bv the con-
A CONSTITUTIONAL DEFECT
A Washington special t. the New York
World states that several republicans and a
few democrats take the ''s!ngular view"
that Upon a failure TO elect a president
either by the electoral college or the house,
the president pro tenp0re of the senate be-
comes president of the United States for
tho fnlI form of four y.aro fTbia ,;as, 10
not 80 very 'singular, the doctrine is not
90 untenable rs might, at first thought, ap-
pear. To hold it, however, we must pre-
suppose that the president pro temp0re of
the senate becomes president of the United
States on the fourth or fifth day of March.
Surprising that there should be q failure to
elect, both by the electoral college and by
the house, and that General Grant should
resign the presidency on the third day Of
March, then, perhaps, the president pro
tempore of the senate would become presi-
dent of the United States. If so, how long
would he continue to act as such, if at all ?
Let US see.
lii to be noticed, in the first place, that
the constitution no where authorizes con-
gress to order u Les election Of president
to fill a vacancy. No powar IS given to
congress to provide by law for such an
election. The constitution is entirely silent
On this point, simply pro, ding for the cleo
ton OF a president who "shall hold his Of
fee during the term of four years" AT
ter providing that the duties of the office
shall, 10 certain contingencies, Cevolye on
the vice-president, it proceeds us follows
And the congress may by law provide fol
" the case Of removal, death, resignation
" or inability, both of the presid, Mt anC
" yice-president, declaring VIA! officer
" shall then act rs president and such Of
ficer shall act accordingly until the els,
" ability Is removed, or a president shal
10 elected"
Another clause of the constitution pro
vides that in the case Of the removal from
office of tho president, or Of his death, re
'ignation or inability to discharge the du.
ties of the office, ''the same shall devoly,
Oh hht w IlIoluCLN anu btlll unOIltl
clause that, when there shall BE- n failure
TO elect Il president either by the ]electora
college or the house, the "vice presiden'
shall act as president as in case of The
Z" death or other constitutional disabilit,
" of the president" 1t may be said heI,
tina, in 1925 a vice president was elected by
the electoral college. and there was NJ
choice of a president while in 1887,
president, but no vice president, wa
elected.
1t will be noticed that the provision pro
Vldlng for the wee president succeeding Il
the Office of president, end the one authoriz
Ing congress to designate an officer to act il
certain contingencies, are essentially differ
ent. The vice president is TO act in an,
and every contingency. If there is a fail
ure to elect, or if the president ia removed
from office, dies, resigns or is unable Il
discharge the duties of his office, then IN,
vice president becomes president, aud con.
tinues as such until the expiration of tho
term for which the president was original
ly elected. BY the terms of the origina.
constitution, no provision was made for the
vice president acting as president in case
of a failure to elect, but this defect was
observed and remedied by the Twelfth
amendment, which was ratified by the
requisite number of states, and became Of
full force as a part Of the constitution
September 26, 1904.