Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1881-07-15
The Pre.lden,laI succs..,on.

The well-nigh successful attack upon the
life of President Garfield naturally awakens
public attention to the possible results which
may follow his death. Should the hopes now
entertained for his recovery prove delusive,
the reins Of government will properly fall in
to the hands of Vice President Arthur. But
in case Mr.. Arthur should die or for any rea-
son decline the responsibility thus thrust upon
him and resign, what then? The constitu-
ton left 1t to Congress TO 'provide by law for
the case of removal, DEATH resignation or in
ability of both the president and vice presi-
dent, declaring what officer shall then act as
president" 1t further provides that the off.
Ger so designated by law ''shall act according
ly, until the disability be removed or q presi-
dent shall be elected" The subject was not
long left without action by Congress, and the
law as it exists to-day is embodied in a statute
of March /, 1892, which declares that in the
contingency contemplated the president of
the Senate, or, If there is none, the speaker
of the House of Representatives for the time
being, shall act as president until the dsabili-
ty is removed or a president elected" 1t has
for many years been the custom in the Senate
for the vice president to vacate the chair be-
fore the end of the session, so that a presi-
dent pro TEN. might be elected; but this was
not done at the last session, and there is no
president of the Senate. The House of Rep
resentatives of the 47th Congress has not yet
met and organized, and there is no speaker.
For the present, therefore, the act of 1892 il
practically imperative, and Vice President
Arthur alone stands between the stricken
president and an interregnum.
In the contingency of Mr.. Arthur's death
before Congress could be called together, there
is no one who could assume the presidential
office or convene Congress in extraordinary
session. Should the presidential Office not be
vacated until the organization of the next
Congress, the succession would devolve upon
the president of the Senate, whoever he
might be-and he might be a Democrat. But
in case of vacancy in both the offices of
president and vice president, whether the
succession was provided for or not there
would have to be a new election. If the sue
cession were not provided for, we should have
to get along without president until one had
been elected if it should be provided for,
the officer designated by law to act as presi-
dent would do so only until the disability be
removed or a president shall be elected. "
The constitution makes no other reference
than this to new election but the act of Con-
gress of 1892 makes specific provision regard
ing it. 1t would become the duty of the
secretary of state forthwith" to notify the
executive of every state, and to specify that
electors of president and vice president
shall be appointed or chosen. If there should
be space of two months between the date of
such notification and the first Wednesday of
the ensuing December, the electors must be
chosen within thirty -four days preceding such
first Wednesday of December; if not, the
election would occur at the corresponding
time in the year following, unless in the
meantime the term of the presidential office
was to expire. The act of 1892 was supposed
to meet every contingency likely to arise, but
its inadequacy is now plainly apparent. Not
only are the two officers authorized in case OF
vacancies to ''act as president" now entirely
wanting, but we are reminded that it depends
on the voluntary action of the Senate wheth.
err it have president or not. and that there
is ordinarily period of nine months after
the expiration. of each Congress when there
is no speaker of the House. In view of these
facts, which, not without good reason, cause
some uneasiness in the public mind, it is wise
ly suggested by the New York Times that the
present statute be supplemented by re-
quirement that each new Congress, when il
comes into being on the 4th of March, shall
meet and organize by the election of presi.
dent of the Senate and a speaker of the
House, the former to act only in the absence
of the vice president.