The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-08-30
PRESIDENTIAL OFFICE COMPLICATIONS

PRESIDENTIAL OFFICE COMPLICATIONS,
Some serious questions have often been
asked and considered as TO what would be
the effect Of tho presidents death upon the
administration Of the government, such q,
first, who woald becomo presidents Sec
ond, o, to the necessity for
the ,nvsling of congress in extra session.
la responsible the question We have examined
the constitution and legislation .; congress
pertinent thoreto, and find that par, 9, sec. l.,
OF art. 2, of the constitution provides: "In
case of Tho removal of the president from
office, or of his death, resignation, or inability
to dioharge tho duties and powers of
his office, the same shall devolve upon the
vce-president aud congress may by law
provide for tho case of removal, death, res.
ignstion or inability of both the president and
vce'presdont, declaring what officer shall
then act as president, and such officer
shall act accordingly until such
disability shall be removed, or president
shall DO elocIod." This is tho only conssitu.
tiona provision that We find on this subject
In execution of the power so delegated, con-
gress did, ia March 1892, enact the follow
ing, which is now section l46 Of the
Revised Statutes: "ln case of death, re-
movsl, resignation or inability of both the
presiden: and vice.presidont OF tho United
Statee, the presden! of the senste,s il there is
none, then tho speaker of tho house for TIE
time being. sh Ill act rs president until the
disability Is rem )ved or a president elected
This iiao FIR as any legislation provides, so
far as wo have been able to ascertain. The
legislation tGen means THE; that if the prea-
idcrt die the vice.proSi lent shall succeed for
the un9xpired term; but if both die then the
president otthn yena.e orapuaker OF the houae,
as tho casa may DO, holds Office ouly for a
.ine until new election for president ami
,ice.prosident shalt DO held. The provisions
for this eleS.ioa are recited in sections AZ
l4S.li9,l50 Of the Revised Statutes, which sec.
tons aro taken from the net already referred
TO, viz; March, 1892, Taer9 msy arise the
contingency Of the death of oil those named
by these sections for the succession, and in
such event anarchy might ensuc, To aver
the possibility ofsuch thing, ii would be vel
to increase the number of those to sue
coed, and the attention of congress should b
directed toIhe supplying of what is TO be con
siderod very material defect. On the sec
ond point II is to be observed that the presi
dent IL clothed with ample power TO convent
in an emergency both houses of congress
or either ol .nem. Section 3, article o
tho constitution provides among other thing
that "he no presiden,) may on exlraordi
nary oct asion', convene both houses OF ei'he
Of tbem." AS for the calling OF the senat
oSetber although there would DO no actuH
necessity, yet there would be an emergenc
that would mako 1t q very reasonable an
J proper action. The constitution pre-
| vides, par. article 2, section 2, that "'h
president 81 II have power 10 a
. all vacancies that may happen dudn
the recess ~ the senate by granting commi!
sions whica .hall expire at the end of thei
next seshon." twill be seen from this cl ~:
lba, the power Of the sene,e in the confirms
ton woull not have 70 DO exercised for Ii
, continued administration Of the government
While this is true there lie a reason and {
} tho strcpges. cogency why tho senate shoul
. be convened In extra session, and this reaso
is 10 DO found in the fact that MIR. Arthur
! promc,i,r u tho presidency leaves 'ha sen
| ato with, u' presiding officer. Tho spoal
: prship OF ,to house became vacant with Ii
: exp'rati,r the forly-sirlh congress. III
, for,y.sev' n congress Is not yet organize
, aud thur h,a In the oven, OF the death, rel
, iqns,ion Or inability of bot
. Garfield "a Arthur there 10 n
fIicer IA r~i b. law TO execute the power
q md diicha Z, tho duties Of the execusiy
. loTce. Tho strongest reason therefore Il
A Itho oonyeuinp of the senate Is that alrt cd