The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1886-02-16

THE Presidential succession bill which
recently passed both Houses OF Con-
gress and is now law, Is only a partial
solution OF the din ,ulties presented In
the Question. Those who supported the
bill we're we'll aware OF its defec's, bnt
they doubtless felt the importance OF
early action on some measure that would
meet the emergency presented by the
death OF Vice President HENDRICKS, and
the present act was accepted as the best
that could be devised under tue limits o.
the Constitution.
The only law on the subject, prior to
the act just passed, was that OF 1892
which was in these words:
"In csse Of removal, death. resigna.
ton. or inability of both the Presiden,
and Vice President of the United S ates,
the President OF the Senate, or, II there
is none. then the Speaker OF the House
of Representatives for the time being
shall act as President un il the disability
is removed or President elec'ed."
At the tire OF the death of Vice Pres.
ident HENDalcKs there was no President
of the Senate or Speaker Of the House
OF Representatives, and consequently
there was no person designated to act as
President In the case ofthe death O.
President CLEVELAND.
Tue present act was intended to meet
this emergency, and 1t does SO in very
satisfactory way. The act takes the sue
cession out OF the Legislative branch oI
the Government and places it in the e {
ecutive department Itprovidss that il
case of the removal. death, resignation o.
disability OF both the President and VIC
President, the Office shall devolve on th,
Secretary Of State, aud, failing him, OF
the Secretary OF the Treasury, next th,
secretary OF War, then the Attorney
General, then the Postmaster General
after him the Secretary Of the Navy, and
lastly, the Secretary OF tae Interior, thu
taking 10 all the Cabinet officers 10 th
order named.a Although the act provide
that the officer on whom the succession
falls "shall act So President until the dis
ability of the President OF Vice Presi
dent is removed or President shall b
elected" yet 1t was conceded in debat
that this succession is to continu
through the unex pired residue OF th
Presidents term So that, as tho Cas-
now stands, were President CIEvELAN NJ
to die. the office OF President would dc
volpe on Mr. BAYaRD. instead OF NJ
SHERMAN, the President pro tenn OF til
Senate. This would continue the Dem
ocratic administration for four years, an
is decided improvement on the ol
law. T aa
But there are emergencies which th
ne! law does not provide for. For in
/ stance, there Is no provision for vacar
cy in the Presidential Office after th
meeting OF the electoral college and b.
fore inauguration.
To illustrate: Sun pose In 1883, atte
the electors had met and designated tn
4 President and Vice President elect, 9
provided for BY law. and, before mat
gurstion, these two officers should die q
become incspacitated. under the preser
law, the Secretary OF State unier th
present administration would be tt
President for four years [Gep. w Al
NEa has already introduced an ameno
ment intended to provide for this ene
gency.] Ha
| Another contingency left unprovide
for in the act is, that. even after the il
augpration OF the President and VIZ
President, If the vacancy occurs beiol
the confirmation OF TIE newly sppointe
Cabinet officers, the succession woul
fall to the Cabinet officers Of the precet
ing administration, for the law require