The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-09-04
Tn. Inability question, Again.
POINTS TO BE sETTLED--vIEws OF SENATOR'S
JONES AND GARLAND.
fwasbington star last EVENING"

Z
JONES AND GARLAND.
fWashington star last EVENING"
The question Of the inability OF tue fIe'
,ldent and TIE transfer OF the Executive
Office during its continuance to toe vice.
President continues to be a leading one.
The plan broached-tbat the President IN
wife the Vice. President to act IN bis stead
and sign his name for him-ls generally
secuted "a untenable in law. The three
noints uppermOst are what constitutes pre-
sldental inability, who Is TO determine when
II exists, and who Is to determine when IL
ceases 10 0XistI
SENATOR JONEs's OPINION.
Senator Jones, Of Florida, is I'm the city.
His opinion is thst there can be no tempo
rsry disability OF The President. The Con-
stiiution prescribes that the Vice-Presidens
shall become President only in ease Of the
death, resignation, or inability OF the Pre-
sidcnt 10 discharge the powers and duties
OF his Office. lie thinks that the disaDiiitY
contemplated by the Constitution means
disability so pronounced that the Executive
shall in every sense be dead, as 1t were, or
unable 10 discharge bis duties for the re-
malnder Of his term.
SENATOR GARLAND, OF KANSAS,
who is in the city, refuses to give any
opInIon in e1tensO on the subject, as 1t is a
question that he might be called to pass
uoon in his capacity as senator sooner or
later. he intimated, however, very plainly
that he did not believe the Cabinet had any
power to act in any capacity other than rs
advisers OF the President. lie said IN one
sense it was purely constitutional ques-
ton, aud i'm another there might be much
politics in il, aud he had made it rule
throughout his public life never to give an
opinion on public questions that he might
be called upon as o senator to pass upon OF
6cinlly, for the reason that he might have TO
modify or explain.
HYPOTHETICAL CASE
IS thus put BIZ a lawyer: Suppose, instead
Of being shot. that the President bad met
with railroad accident, whereby be lost
both bis hands. This would debar him
from signing bis name, but it would not
create such an insbility that be could not
set as President so long as hrs mind was
clear. Hence the logical conclusion is that
an inability 10 act means the loss OF mental
capacity, and not physical incapacity."
THERE WAS CABINET CONFERENCE
this morning, beginning at IL O'Clock, at
the State Department. All the members Of
the Cabinet were present. The session last.
ed over an hour. None OF the members VIII
disclose waat the object OF the meeting was.
The surmise is that some plan was DIS
cus.ed whereby, in case OF the removal
Of the President. the Vice-President VIII
be called to exercise the functions OF tue
Executive office. A fumor sflOat is that the
Cabinet will request, in writing, an opin-
ion at the bands Of the surgeons as to bow
long, in their opinion, it will take the Pre-
sident to sufficiently cOnyalesce to assume
the duties OF the presidential office. TINS
opinion will be made known to the Presi'
dent, who will thereupOn request the wee
President to act - President for the length
Of time Sc, forth in the report OF the sur
geons.