Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-03-30
SATURDAY. MARCH 80. 1889.
The President Pro Tenn.


That was an interesting debate which was
had IN the Uaiied States Senate on Wednes-
day last on Mr.. BuUEg's resolution de-
claring that the presence OF the Vice-Presi-
dent OF the United States does not have the
effect OF vscsting the Office OF President pro
TEN Of the Senate. though the former is the
constitutional presiding officer Of the Senate.
The lawyers do not admit that an argument
from convenience amounts 70 much, but, for
all that, IL the question OF convenience were
left out In considering Dir. BUrLER's resou'
ton the advocates Of that resolution would
be few and far between Here Is the consti-
tutlonsl provision on the subject:
"Ths Senate shall choose their other off,
GERS, and also President pro tempore in the
absence OF the Vice President, or when he
shall exercise the ofli>e OF President OF the
United states"
For hundred years. rs Senator DoLPH
ssid, the Senate has construed the words
"pro tempore" to mean "for the time be-
ing"-what undoubtedly they were under
stood by the trainers Of the Constitution to
mesn-and ut this late dRy able eonstitu-
tional lawyers PROFOUND the proposition
that "pro smp0re" means for weeks, or
months, or years, or until the Senate shall
choose to elect new President pro tenn.
When can the Senate choose President
pro fempOre7 Only in the absence OF the
President or when he Is acting as
President OF the United States. All the
senators agree that the President pro tenn
pore has no Gxed term OF Office. The
difference between them is that one side
holds that one election will hold good until
the Senate orders another, and the other side
holds that a new President pro 'empore
must be elected every day the Nice-Prssl-
dent Is absent.
II the Vice. President were absent on
Tuesday, and a senator should move TO 20
into the election OF President pro tempore.
the incumbent OF the chair could not rule
the member to be out OF order on the ground
that he was himself President pro tempore
By virtue Of on election held on Monday.
He would have 10 take the vote and be
turned out OF the Office. What sort OF
tenure is that?
When have the senators the right to elect
President pro tempore? Whenever the
Vice President Is absent. II is no election
for senator to preside by sulerance. Such
q presidency does not come up 10 the consti-
tutional requirement that q President pro
fempore "shall" be chosen in the absence Of
the Vice. President. suppose dozen sena-
tors claim the right to have a new President
pro tempore elected whenever the Vice-Pre-
dent is absent, can the other senators deny
their right 10 have the constitutional re-
quirement respected:
Or suppose that the trainers OF the Consti'
tuition had intended to provide that the tenn
porsry President should hold only till the
absent President returned to the Sem
ate, what words would they have employed?
We answer, the very words which appear in
the Constltuton-namely President pro
tsmpOre. " Pro tenpore" and " temporary"
are SYNONYMOUS. 1.-THE Constitution provided
that IN the absence Of the Wee President
temporary President must be elected who
would contend that this temporary president
could hold for monthsg The command OF
the Constitution is that in the absence OF the
Vice -PresidentR President pro TEN. must lie
chosen. To quote Senator GEORGES cons
pact argument on this point, "this command
must be obeyed as 1t is expressed. The
Constitution does not say 'sball elect in the
first absence OF the Vice. President, or in the
second or third or sny other designated alb
sence, but In the absence--that IS, any ab.
sence. And thus it is established that when
ever an absence occurs there must be an cleo
tion.'