The Roanoke times. (Roanoke, Va.) 1897-1977, 1897-02-19
WOULD HOBART SUCCEED {?
Constitutional Question Raised by
Mr.. MCKinIey'S Illness.

Wa shington, Feb. 1S.-The illness of
Major Mckinley may yet SET II prec edent
in the manner of Presidential success ion.
1t has cnuse,i some concern here and the
question has been asked TO day more than
once, What woul happen if he were too
i'll to be inaugurated Oh the 4th of March
IL has drawn attention also to Il weak
point in the Constitution, which is caus.
ing some debate
Broadly speaking, if Major Mckinley
is too i'll IT, take the oath of office on the
fourth of March, Vice President Hobart
becomes the acting President He would
act until Major Mckinley had recovered
sufficiently to assume the duties of TIE
high Office. However, there is no prccc.
dent for this.
The twelfth amendment to the Consti
tuition. after providing Tor the election of
Il President and II Vice President, says:
And if the House of Representatives,
shall not choose n President whenever the
right nf choice shall devolvc upon them,
before the fourth day of March next fol-
lowing, then the President shall act
as President, rs in the case of the death
or other constitutional disability of the
President
The disabilities of IL President are
classed under the heads of removal from
office, death, resignation or inability to
discharge the duties of his office. 1t
would be under the clause Of ''inability
to act' that serious illness of Major
Mckinley would be classed, and. SO say
the constitutional lawyers, the Vice
President would act rs President until
the disability was removed
1t is not such II plain ese rs this which
puzzles the constitutional LAWYERS, but it
is the shade of contingency which comes
with it. Who shall decide, whether the
President.elect is not able to take the
oath of Office: Does it rest with the
Prestlent-elect HIMSELF Does It depend
on his physicians, or should his friends
and advisers decide it,
If il depends on the President elect
himself, he would take the oath if he were
able to whisper II do" He might he
incapacitated, and every one might know
it He himself might he certain that he
could live only II few days and yet to
round out his ambition he would take the
oath. If it depended on his physician
the physician might not be above party
fealty. If it depended on friends the Pres.
ideCn'e elect mig hi be placed under such OBJ
legations that, administration might
become II reproach Ut is this view Of the
case that worries the constitutional law
yers and makes them think that some
more definite provision should lie made.
There is no law requiring the oath of Office
to be taken either in Washington or in
any particular place. One Of the mem
hers of the supreme court could admins
ter it just as well in Canton rs in Wash.
ington. There is "A precedent in this re
spect Vice President Arthur took the
oath of oilice privately i'll New York Just
as soon rs he was notified of the death of
President Garfield. Afterward he took
the oath i'll Washington to be on the safe
side. Vice President Johnson WAS sworn
into office in the early morning after Lin
coin died in the Kirkwood Hotel, at the
corner of Pennsylvania avenue and
Twelfth street. The Vice. President took
the oath of office Just rs he appeared af
ter being awakened from sound sleep,
and only partly. dressed. These two pre-
cedents are taken by the constitutional
lawyers as being sufficient to show that
the oath can be taken. ANY where