The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1881-12-22

He said that while the word ''Officer" in
the clause of the constitution empower.
ing the Legislature to declare what officer
shall act as provisional successor has
been held to mean "officer of the United
States" the only existing provision Of
law on the subject is the act of 1892,
which designated officials not recog-
niZed as United States officers. The
senate decided in 1898, in the Blount
Impeachment, that senator was not q
civil officer of the United States, within
the impeaching clause OF the constitu-
! ton, and this decision has been followed.
They were
MANY PRACTICABLE DIFFICULTIES
| in the way of the execution of the law.
The speaker of the house ordinarily has
no official existence for nine months
every alternate year, and the president
| of the senate may have no official ex
istence at the same time, as has repeat
| eddy occurred, and as was the fact when
| the assassination of President Garfield
took place. In the life of the vice pres
ident the Office of president pro tenn of
the senate does not exist, except in the
absence of the vice president, upon
whose temperance the president pro
tenn becomes released from Office. The
power given congress TO provide for the
succession being the power to designate
an officer already existing, the latter
must continue in the Office the posses
sion of which qualities him for the sue
cession as acting president of the United
States. Thus the speaker of the house
or president of the senate, as acting pres
ident of the United States, would WELD
BOTH THE LEGBSLATIYE AND EXECUTIVE
POWER
of the government, as he would take
part in the legislation and append OF
withhold the executive signature to that
same legislation. Further, both the
president of the senate and speaker of
the house may be ineligible to the
presidency, both by reason of alienage
and homage. This was illustrated in
the case of Clay in 1911, who was elect
ed speaker of the house because he was
of presidential age, and under the exist
ing law if both president and vice presi-
dent had died sixty days before the first
Wednesday of the present month, it
would have been proper to elect new
president, who would be sworn in on
the 4th of March next, in the middle of
long term of congress, and if he was
to serve four years his term would ex-
pire in the middle of long congress
sional term. The introducing of q new
cabinet and machinery in the middle
of congress would disorganize all
governmental powers and ought to
be provided against Senator Beck
regarded tie substance of the
bill reported by the judiciary CON-
mittae of the senate in 1856 to make
the succession fall on judges of the
supreme court, officers who had the
qualifications required for the presiden-
cy and vice-presidency. as bridging over
the difficulty. He denied the position
taken by. that committee and by able
lawyers, that when, in the Temporal
ry disability of the president, the
vice-presIdcnt succeeds, the president
cannot afterwards resume his place. If
Lincoln had been captured by the con-
federates, it would have been necessary
for Hamlin to sign as president the leg
iSlatiOn passed to raise men and money
to carry on the war, but the declaration
by Hamlin that he intended to act the
remainder of the term would have caused
a revolution in the north. Senator Beck
was
OPPOSED TO GARLAND's BILL,
vesting the succession in cabinet officers
because, in the event of the removal of
the president, the cabinet may be found
to be not only implicated with the presi-
dent, but might be shown TO have advised
the offense for which he is removed. Then
too, cabinet members may not possess
the requisite qualifications for the presi-
dency, in age and nativity. He then
quoted from an interesting letter from
the official senate reporter, ID. F. Muir
ply, in response to one from himself,
giving the record of the insertion of the
clause of the constitution, and the leg.
lslation on the subject.
SEEAFoR MAXEY
followed Senator Beck, holding that the
vice president does not become presi.
dent, nor is not entitled to take the oath
as such, pending the inability or dis
ability of the president, but discharges
the powers and duties of the Office by
virtue Of his Office of vice-president,
pending the disability, and no longer.
SENATOR ANTHONY
followed on the practical difficulties in
the way of the enforcement of the aet of
1893, and the necessity for remedy
SENATOR GARLAND
obtained the floor, when the senate went
into executive session and soon after ad-
journed.