Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-09-02
THE QUESTION OF PRESIDENTIAL INABILIT,
What the Lawyers Say-yiews Of Congressman
Neal.

Neal.
Other than by the intermissiOn Of the pardon
ing power and the inability for the present to
appoint paymaster general for the navy and an
auditor of railroad accounts, the wheels of gov
eminent have not, as many suppose. been at all
clogged by the illness of the President. True
his illness for the present stops the appointment
| of civil officers; but it should be borne in mind
that all of these are now filed and if there be
no changes for months it offers no ground for
the apprehension that the government is not
running along smoothly with the old officers
and Just as well as it would if few hungry
outs displaced some of the ''ins."
Within day or two the agitation of the ques-
tion OF the disability of the President and the
calling OF the Vice President to act has set the
constitutional lawyers to thinking. Section of
article 2 of the Constitution provides that when
the PRESIDENT is unable to act the Vice President
sliai act as PRESIDENT. This much of the article
is clear enough but it unfortunately does not
define what presidential disability consists of, or
VINO shall determine when the disability is suffi-
| c'ent to call upon the Vice President Wise
lawyers think that so long as the President is in
the full possession of his mental faculties he
cannot transfer the office to another and that
the disability contemplated by the Constitution
means that a President must actually be non
conapos rnentis. They hold that for President
TO indicate for any other reason his desire to
tlon or resignation, and the plan suggested of
the President to call Vice President Arthur
| to the executive chair, could only be done by
the RESIGNATION outright of the present ncum-
bent. This for the reason that there can only be
one President at one time and never two when
Doth are in full possession of their mental facul-
ties. Again they hold that neither the Exec
utlve or Congress or any other power can call
the Vice President to act until the disability of
the PRESIDENT is such that he has lost his mind,
no matter what his condition in physical sense
may be otherwise. 1t seems to be conceded
generally that the convalescence of the Presi-
dent will be protracted, and for this reason
there is q feeling that some one should act.
Ihere are lawyers, who say that before the
PRESIDENT is removed he should issue a prOcla-
nation for special session of Congress, SO that
that body might pass law defining what
| constitutes Presidential disability
Representative Neal, of Ohio, gives q clear
view OF his opinion as follows: ''The word
inability was purposely used by the trainers
of the Constitution to express any ailment.
physical or mental, which would incapacitate a
PRESIDENT from performing the duties required
OF him by law under the Constitution The
mode OF ascertaining such inability was pur-
poseiy left indefinite, in order, no doubt, that
CONGRESS, by law. should determine what mental
or physical allment should constitute such ina
bllity as would make it necessary for the Vice
PRESIDENT to discharge the duties devolved upon
the President, and to determine the tenure of
MS holding the ,Office. Congress not having
passed such a law, it seems to me that i'm the alb
sence OF any mental disability the only proper
way to determine whether such physical inability
has arisen, is through the President himself. and
therefore if Gen. Garfield should make known
to the Vice President that in his opinion he was
SO far disabled that he could not properly dis
charge the functions of his high office, and that
he desired the Vice President, under the pro-
visions OF section one, article two, of the Con-
stitution. to take charge of the office of the
President, and to perform the duties which de-
wolves upon that office. it would be clearly the
duty OF the Vice President to respond to that
requirement. and if he refused or neglected to
do so he would be liable to impeachment The
proposition, however, which has been mooted
III some of the newspapers that the Vice Presi-
dent should go to the White House to act as a
clerk for the purpose of registering the DEGREES
OF the Cabinet officers, is an insult to the Vice
President, and have no doubt would be so re-
garded by him. 1t is not necessary to state that
while acting as President the Vice President
would have all the powers and authority
conferred upon the President He could
discharge and appoint all officials, from
the Secretary of State down. While
under ordinary circumstances it would be
an act OF wise discretion upon his part to make
as few changes as possible; yet should he find
that his views of public policy did not harmo-
nize with those of any of his constitutional ad-
visers, it would not only be his right. but ap-
prehend his duty also, to make such changes as
would restore harmony between himself and the
other officers of the government even although
his term of office might be of very brief dura-
tiOn''