South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1881-10-28
Important Constitutional ques-
tions-The President of the Senate Pro Tenn.

The nearly balanced state OF politi.
cal parties in the Senate, the election OF
Senator Bayard by the Democrats TO be
President pro ten. one day and his dis
placement by the election OF Senator
Davis by The Republicans the next day.
sue gests constitutional question not
free from difficulty. and which. under
some circumstances and in times of
high party excitement, might even be
fraught with peril. The clause of the
constitution (article 1, section 81 rela-
ting TO the election Of President pro
tenn. OF the Senate simply provides that
"the Senate shall choose their officers,
and also President pro tempore in the
absence of the vice.President, or when
he shall exercise the Office Of President
OF the United States" It is silent as
to the term for which the President pro
tenn. shall be elected. whether until the
return Of the Vice President or simply
during the pleasure Of the Senate. That
question is left open to construction.
The term Of the Vice. President is fixed
by the constitution at four years, the
same as that for which the President is
elected. The President Of the Senate
pro tenn. is the locmn tenels of the Vice.
President il living, and next in success.
sion after him to the Office of President.
according to the provisions of the act OF
1892, in the event of the death, rcsigna-
ton, &C., of both President and Vice
President. After some discussion upon
this point, which first arose upon the
death Of President Harrison in 1871. it
was settled that the Vice President up.
on the death of the President becomes
President. and not simply acting Presi-
ident for the remainder of the term for
which they were jointly elected. Ac-
cordingly Vice President Tyler assum.
ed the name and style of President.
which practice has been followed in
similar cases ever since. This would
seem to be the proper meaning OF the
clause of the constitution article 2, sec
ton l. which says that in the event OF
the death. resignation or inability of
the President to discharge the powers
and duties of the said Office, "he same
shall deootce upon the Vice President.
But it is not equally clear that The sane
construction Is to be put upon the re-
mainder of the clause, which, after pro-
viding that Congress may by law pro
vide for the case OF the removal, death.
| disability, etc, Of both President and
Vice President, declaring what officer
shall then CT as such" says that such
officer shall act accordingly until the dis
ability be removed or President shall
be elected" Would the President pro
| tent. OF the Senate, who is the officer
who in such case would act as Presi-
| dent until new election for President
and Vice.Presil lent should he held =
become President or simply acting Pres.
| ident The distinction is not withou
difference. If The former, he would
cease to be President Of the Senate. in
which case that body would elect an
other President pro tenn. But it is only
by virtue of his being President pro
tenn. OF the Sc nate that he is entitled to
act as President Of the United States
under the act Of March / 1892. Con-
sequently, while the President,
succeeding to tue presidency, under the
constitution ceases to be President Of
the Senate. which body is required to
choose President pro tem. in his place,
the President pro tenn of the Senate be
coming acting President of the United
States In the contingency specified in
the constitution, and provided for in
the act OF 1892, would continue TO be
President Of the Senate while acting as
President Of the United States, and tue
moment he ceased TO be President Of
the Senate he would cease to act as
President Of the United States. If,
then, the President pro tenn. Of the SEN
ate can be changed every day at the
pleasure Of the majority OF that body, or
as often as the majority pleases, accord
ing to the principle acted upon when
Senator Bayard was displaced and Sen
ator Davis put in, it follows necessari-
~ that in the event OF the death of both
President and Vice President, the Sen
ate could, by changing its presiding
officer, made a new President OF the
United States every day Of the week
Such construction seems TO approach
as near to a logical sbsurdity as posi-
pIe. Such state Of things in practice
would approach as near 10 anarchy as
possible. The executive department
would be simply paralyzed and the gov