Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-09-03
THE INABILITY QUESTION AGAIN.
Points to be Settled-views of Senators Jones
and Garland.

and Garland.
Ihe question ofthe inability OF the President and
thetransfer of the executive Office during its con-
tlnuanceto theyice President continues to bea
ieadingone. Theplan broached that the President
invite the Vice President to act i'm his stead and
sign his namefor him, is generally secuted as un-
tenable in law. The three points uppermost
are, what constitutes Presidential inability, who
is to determine when it exists. and who is to
determine when it ceases to exist?
SENATOR JONES' OPINION.
Senator Jones. of Florida is in the city. His
opinion is that there can be no temporary dis
ability of the President. The constitution pre-
scribes that the Vice President shall become
President only i'm case of the death. resignation
or inability of the President to discharge the
powers and duties of his Office. He thinks that
the disability contemplated by the constitution
means disability SO pronounced that the eX-
ecutlve shall in every sense be dead as it were.
or unable to discharge his duties for the re-
mainder OF his term.
SENATOR GARLAND. OF ARKANSAS.
who is in the city. refuses to give any opinion in
extenso on the subject. as it is a question that
he might be called to pass upon in his capacity
as Senator sooner or later. He intimated. how
ever, very plainly that he did not believe the
Cabinet had any power to act in any CAPACITY
other than as advisers of the President He said
In one sense it was purely constitutional ques-
tlon. and in another there might be much poll
tics in it. and he had made il a rule throughout
his public life never to give an opinion on public
questions that he might be called upon as a Sen .
ator to pass upon officially. for the reason that
ne might have to modify or explain.
HYPOTHETICAL CASE
is thus put by lawyer: Suppose instead of
being shot, that the President had met with
railroad accident whereby he lost both his hands.
This would debar him from signing his name.
but 1t would not create such an inability that he
could not act as President SO long as his mind
was clear. Hence the logical conclusion is that
an inability to act, means the loss of mental Ca
pacity, and not physical incapacity."
THERE WAS A CABINET CONFERENCE
this morning, beginning at IL O'Clock, at the
State department. All the members of the Cab
met were present. The session lasted over an
hour. None of the members will disclose what
the object Of the meeting was The surmise is
that some plan was discussed whereby, in case
of the removal Of the President, the Vice Presi-
dent will be called to exercise the functions of
the executive office. rumor afioat is that the
Cabinet will request, in writing. an opinion at
the hands of the surgeons as to how long. in
their opinion. it will take the President to suf-
hclenty cOnvaleSce to assume the duties of the
presidential office. This opinion will be made
hHoWu 10 tiie freSuent, VINO VIII tnereup0l
request the Vice President to act as President
for the length of time set forth i'm the report of
the surgeons.
The condition of the public business in the
several departments was reviewed. and it is be-
Heved the question of the necessity for some eX-
ecutlye action pending the Presidents tempo
rary inability to act was discussed. though the
invariable response to all inquiries whether this
matter was under discussion was a declination
to speak upon the subject. One memberof the
Cabinet. to the query "Mr. Secretary, was it
thought necessary to have another President at
present." replied, 81 trust it will not be neces-
sary." Other than this the honorable Secretary
persisted in remaining entirely non-committal.