The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-06-14
OPPOSITION TO HENDERSON.

@1NCE the withdrawal of all other candidates anC
\ the pledges OF support given to Hon. D. B
- Henderson for Speaker by practically the tota
Republican membership OF the next House there ha
seemed to be something of a scramble to find objec
tons to him.
None can lie against his ability, his qualifications
his strength party leader, his readiness and hi
capacity for carrying responsibility. The hunt, there
fore, has gone outside all these, back to his cradle
which rocked in Scotland, where he born
He brought this country in his infancy, reare
here and knows no other land For this he fought il
the Civil War, lost leg in battle and, before hi
wound healed went back to the front and Lee
his regiment to the close By constitutional require
ment only nativeborn citizen become President
therefore only a native can be Vice President, o.
stand anywhere in the line OF succession to the Presi
dency, which may move up vacancies occur during
Presidential term.
The constitution requires that Congress may b,
law provide for the case of removal, death, resgna
ton or inability of both President and Vice Presi
dent declaring what officer shall then act as Presi
dent" Not until three years after the adoption o
the constitution did Congress provide for the Presi
dental and Vice Presidential succession 1t then b.
law declared that: "In case of removal DEATH resig
nation inability of both the President and Vice
President OF the United States the president OF thu
President of the Senate then the Speaker of The
House of Representatives for the time being shall &C
President of the United States until the disability
be removed or President shall be elected"
This law, passed in 1892, was before the division
the country into political parties. 1t did not occur
to any one then that the Presidency, under such
provision, might pass from the political party which
had it at the polls by the President pro tempor
Of the Senate the Speaker of the House being at
tached to the opposition The statute stood however
for ninety-our years. until 1886 Then, Vice Presi
dent Hendricks having died, and Senator ingalls,
being President pro tempore of the Senate, only the
life OF the President stood between the Republican
party and the Presidency. The leaders OF both par
ties recognized the gravity of the situation and there
opposition to the statute of January TO- 1886
which placed the Presidential succession in the heads
OF the Cabinet departments, down to the Interior De
partment, the Department of Agriculture being ex
Guided for it had not yet been created, and is now
filled by Scotchman born, Mr. Wilson. This statute
reads: THAT in case Of removal death, resignation
or inability of both the President and Vice President
Of the United States the Secretary OF State in
OF his removal DEATH resignation or inability Their
the Secretary OF the Treasury"-and so down tc
the Secretary of War, Attorney General, Postmaster
General Secretary OF the Navy and of the Interior
Shall as President until the disability OF the Pres
dent or Vice President is removed or President shall
be elected
This statute makes ample provision for the success
son and puts the departments in the order of their
seniority the State Department being the senior.
Cabinet position in the line of succession be filled
by an alien born, that is inability, and the success
sion passes to the next 1t will be also that
provides that the Presidential succession shall re
main in the party that at the polls because
the members of the Cabinet will be always of that
party
Under the law of 1892 only native born citizen
could be President pro tempore OF the Senate or
Speaker of the House. for the Presidential succession
was placed in them solely, and il both alien born
they would have been incompetent.
After the statute of 1886 was passed Mr. Crisp oil
Georgia who was born in England was elected
Speaker and served two terms. 1t will be seen that
the objection to Henderson of Iowa, based in the
Presidential succession, loses parallax Neither the
constitution nor the statute puts the Speaker in the
line of succession.
But it is said that the constitution the words
Congress may by law provide, declaring
what officer shall then act President, and the at
tempt is made to limit this to the Officers named in
the constitution excluding those which are created by
law.
Now the constitution mentions several Officers" II
says: "The House of Representatives shall choose
their Speaker and other officers" "The Senate shall
choose their other officers and have President pro
tempore" "The Judges both of the Supreme and
inferior courts shall hold their Offices" "The Chic
Justice of the Supreme Court shall preside the
Senate in impeachment trials The constitution also
the offices of Representative and Senator and
Of ambassador and Foreign Minister, so there is nc
dearth of constitutional officers in whom to put the
Presidential succession, without interfering with the
Speaker.
1t seems, then, that this opposition to Henderson
is without force merit and should deserve no con-
sideration whatever.
The Yosemite Commission has met, and during a
busy session strangely neglected to fill the important