The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-03-18

succession should be through cao,uet

died In Office, or had become disa bied
within the meaning of the constitution
and the law. The mutations in poll
tics Immediately preceding the enact
| ment of the present succession law had
shown that it might happen (iu fact it
had already happened) that in the
event of the death of both the presl-
dent and vice president. If the president
pro tenn. Of the senate and the speaker
of the house of representatives had
been left in the line of presidential sue
cession. the result might be that polit-
ical power would pass from the party
| which has been successful at the polls
in the election of president and vice
president to the opposing party. This
was deemed unwise, and was also con-
sidered to have an element of danger in
it. The presidential succession law,
which provides that in the case of such
vacancies the succession should be first
through the secretary of state and next
through the secretary of the treasury,
and down through the list of certain
cabinet officers named in the law, was
supposed to have removed this danger
anu " fidNC uiddC lS Gel tdiu Jl1dt d Id"
tional calamity could not deprive the
people Of their choice of parties so ex-
pressed in the election of the chief
magistrate at the polls But it has
been suggested that Notwithstanding
the terrible experiences of 1876 and the
agitation of the following years, there
still are two lapses III the law relating
to the presidential succession, and that
it is physically possible although ex-
ceedingly improbable IA a matter Of
fact that two contingencies mighs
arise in which there would be either no
provision for the election of president
and vice president, or a representative
of the party which was defeated at the
polls would succeed to the presidency.
These two possible contingencies are:
/. The possible death of both the pres
ident and vice president elect prior to
the official declaration of the result of
the vote In the electoral college in the
joint convention of the two houses and
before the inauguration of president
and vice president March 4. If these
two contingencies are provided for in
the presidential succession law the pro-
vision is made only by indirection and
inference. The opinions of some of the
most eminent lawyers in congress have
been asked as to the line of the presi-
Dental succession in both these con-
tingencies. Their views have not been
in entire harmony. nor have they been
altogether clear. But the off-hand con-
clusion which is reached, without Civ
ing the subject the profound considera-
ton which it deserves, is this:
AS to the first contingency, the con-
ditions would probably be adjudged to
be the same as they would be if there
had been failure to elect by the elect
toral college. 1t is common principle
in law that a vote cast for a dead man
is a nullity. If both president and vice
president elect should have died, there
fore, prior to the time for the meeting
of joint convention to declare the re-
suit of the vote in the electoral college,
the report as to the vote of that college
would legally be that there had been
no election by the college; that no one
had been voted for for either Office.
The provisions of the federal constitu.
ton relating to such a contingency
would then operate. The joint conven-
ton would then proceed as if there had
been no election by the electoral col
lege. The house OF representatives
would elect president by the vote of
the ma jority of the states represented
there. The senate would elect vice
president by the vote of the ma jority
OF the senator's, a quorum being pres
emit If such a contingency had oc-
Cured the result would have been
that the will of the people, as it ap-
peared on the record in the certificates
of the electoral college, would have
been in part nullified The house of
representatives would have elected
democratic president and the senate
would have elected a republican vice
president
In the second contingency. that of
the death Of the president and vice
president-elect after the official count
in the joint convention of the results
OF the vote in the electoral college, and
before Inauguration. it would seem
that the new law as to presidential sue
cession would provide remedy. The
secretary of state of the outgoing ad-
ministration would become president of
the United States until such time as
new election could be ordered of the
president and vice president, in accord
once with the provisions of the federal
statutes of a very ancient date.
There is a popular misrepresentation
as to the term of Office of ca binet Off
GERS. They are not appointed for
period of four years, as are collectors OF
customs and sub-treasurers aud other
officers who give bonds Cabinet Off
GERS and foreign ministers are appoint
ed simply at the will of the president
If the president of an incoming admin
istration should desire to retain the
ca binet of predecessor in Office, no
to the senate would be nee
essary. The cabinet officers would SIM
ply remain That did happen in some
instances when Grant and Lincoln were
when there has been a change in the
for the cabinet officers |
of the outgoing administration to ten
der their designations As matter of |
fact the cabinet officers OF an outgoing |
administration retain their portfolios, |
and continue to administer the affairs /
of their respective departments until !
the new president has had an. oppor-
tunity to nominate his cabinet and to |
have it confirmed Ordinarily that oc- |
ours at once, but it has sometimes hap |
pened that cabinet officers have held |