New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-01-15
POINTING OUT FLAWS IN THE MEASURE.
THE HOUSE DEBATING THE QUESTION FOR Who'll
pAY-ABsTRACTs OF THE SPEECHES.
IBY TELEGRAPH TO THE TRIBUNE.

THE HOUSE DEBATING The QOEoiioN pOh N ""
DAY-ABsTRACTs OF THE SPEECHES.
IBY TELEGRAPH TO THE rEIBUNE.1
WASHINGTON, Jan. 14.-The House devoted
the day to general debate the Presidential Succession
hill The discussion was opened by Chairman Caid-
WELL whose speech was mainly rehash OF the report Oh
the favor of the bill without amendment
The arguments that emergency exists WHICH o''
for immediate action that the constitutonanty Oh inc
Act Of 1892 providing for succession OF the
pro TEN OF tho seate open to grave DOUBTS anu THAI
il occasion had arisen for its use trouble wonu nave
probably ensued as 10 it's practical application ana en-
forcement"; that the functions OF the executive anu
legislative departments Of the Government shonh no'oi
be united the person, that nelther 0ehaoi Nv
REPRESENTATIVE Is an "oficer of the United States
within the purvew OF the Constitution THESE PIopo
lions maintained not only by MI. 0a'u"o'
but by Mr.. EdeD OF Illinois, and Mr. Sehey' MI.
Caldwell was interrupted by MI rera"'' Vi
Kansas, who desired to know who would DC actiHs
President under this for the four years succees
March a. 1889, II the Republicans should eject tno'i
candidates in 1888 and both OF them should ue aier
tho counting of the electoral and before their IN
angnra,,on Mr. Caldwell promptly replied: "The
Secretary OF State" In other words according
to Chairman Caldwell the Administration would remain
Democratic although the people had Voteo 10 n"Ao ~
Republican.
mr. Cooper of Ohio, spoke in support OF the views OF
the minority presented by himself AS member OF the
committee He argued that there Is now no public
EFFICIENCY calling for hasty ill-cOnsdered Legislation
on this subject admitted that the present law was
defective and needed amendment, but he thouehC "
doubtful whether the bill provides at all against such
contingency AS suggested by the question OF MT
Perkins He maintained that there are three cases OF
vacancy unprovded for by the bill; first where the
Presidential dies or becomes cOnstitutionaly us
abed before Inauguration second, where there IL
ure Of election of othsPresdent and NicePresuent
when tho election is thrown Into the
House-a not improbable contingency In inc
opinion OF Judge Story-and third, In
case OF failure to count the vote and declare the To-
suit the presence OF the Senate and House OF Repre-
sentatiyes Mr. Cooper said it rather late now 10
raise the question of constuionay against tho law
of 1892 which provides for the holding OF specal
election fill q vacancy In the PRESIDENTIAL once anu
he thinks that lawyers who have done so have failed 10
consider proper relation the power granted 10 Con-
gress In the clause OF section 3, article TO make
ali laws which shall be necessary and proper for carry
ing into execution all powers vested by tho Constitution
in the government the United States In further sup
port Of his position Mr. Cooper cited tho clause SUD-
mitted by Mr. Randolph the Constitutional Convention
which provided that in case of the DEATH resignation or
disability the officer designated by Congress Shall act
until the time Of electng President shall come"
Mr. Madison observed that this would prevent the fill
ing OF vacancy the Presinental Office by an inter
mediate election and he moved to substitute the words
which stand III the Constitution to-day. and which pro-
designated officer snail ACT
ability be removed President shall be elected .
! cOIloquy between George Mason ana Mr.
| Madison in the Virginia convention
called raty the Constitution III which the latter hed
thai the language above quoted authorized the holding
OF an intermediate election ID fill vacancy In the Pres
| identiaI office rs provided 10y the act Of l792
Mr.. Peters OF Kansas, oppose TO clothing CAP
met officer with the powers OF the President on the
ground It would Oe violation OF the principles OF
representative government, inasmuch as member or
the Cabinet represents simply the personal preference
of the President, who selects him a member OF his
! official family and of his advisers.
! The argument of Mr.. Adams was devoted almost
wholly 10 two points Of obccOn; first, that the bill
come disabled temporarily, may resume MS once when
the disability removed and second that 1t does not
provide the filing OF Presidential vacancy by an
intermediate election lie offered amendments covering
| both these objections
Mr. Rowell of Illinois closed the debate for the day In
vigorous fifteen minries speech ~ when ne declared
that if the President pro OF the Senate today were
Democrat there would not he the hot haste thlt ~
exhibited for the repeal OF law that has been Ia IOrce
during the last nine y four years.
| Mr.. Cooper submitted several amendments. ONE
| of them provides that In case OF the
death or constitutional inability OF the PresdeDteleet
10 assume Office the Vice President shall act "a Pres-
dent the same as II inability should occur
after his inauguration Another provides that In
case both the PresideDtelect ana VICE
Presidrnteect OF their death AFTER
ton and the appointment OF said Cabinet Ocers
nv either OF them, confirmation sections lao,
l47 149 aud l49 Of tho Revised Statutes shall he fully
Operatives otherwise sections shall lie wholly mop
erave and without force and effect The sections oil
the referred TO the ones which pro-
vide the holding OF Especial election 10 MI vacancy
| IN the offices Of President aud Vice President