Marietta daily leader. (Marietta, Ohio) 1895-1906, 1899-11-24
The Succession to the Presi-
dency.

dency.
The death of Vice President Hobart
has again brought to public attention
the fact that the law makes no provls-
ion for a successor in the office of vice
president in event of the death or
resignation of the incumbent.
There has been widespread inn
preston that the law providing for
the succession to the presidency is ap-
plicable to the vice presidency, but
such is not the case. The law says
that ''in case of removal by death, res
ignation or inability of both the pres
ident and vice president of the United
States" that the duties of the presl-
dent shall fall in succession upon the
secretary of state, secretary of the
treasury, secretary of war, attorney
general, postmaster general, secretary
of the navy or secretary of the inter-
ior. The effect of the law is quite
plain, but it is often misconstrued, es-
pecially by those who read it careless
ly or are unfamiliar with legal phrase
! eology.
There was no legal provision for
succession to the presidency until 1886,
when the present law was passed.
Prior to that time the law simply pro-
vided that in the event of vacancy
in both the Offices of president and
vice president, the president pro tenn
pore of the senate, or the speaker of
the house, should perform the duties
of president until an election could be
held. The defects of this law were
very generally recognized, but con-
gress hesitated to change it, The first
draft of the present law was submitted
to the Forty-seventh congress by Sen
ator Hoar, of Massachusetts,, but no
action was taken upon it. The bill
was revised in the following congress
and passed the senate, but it remained
for the Forty-ninth congress to enact
it into law.
The argument in favor of settling
the succession to the presidency upon
the officers of the cabinet was that it
insured the perpetuation of the poll
cies and principles of the party which
the president represented, it being as
smed thuat the cabinet advisers of the
president are always in complete ac-
cord with the policies of the adminis-
tration.
1t was manifest that under the old
law an emergency might arise where
by there might be at any time a com
plete overthrow of the political status
ct the government This fact was
brought home to congress and to the
people very forcibly by the death OF
Wee President Hendricks in 1885
President Cleveland desired to attend
the funeral of Mr.. Hendricks at In
but his friends disuaded
him from this intention, urging, that
inasmuch as there was no law provd-
ing for presidential succession, he
could not afford to subject himself to
the slight possibility of cacident Incl
dent to travel. 1t was this emergency
that hastened the passage of the Hoar
bill
There are no especial reasons why |
there should be any succession in the |
Office of vice president in event of a
vacancy. There is, on the other hand |
reason why there should not be. The |
perpetuation of the policies of the
president can best be assured by the |
in case of an emergency, |
falling directly upon the secretary of |
state. Should the chief cabinet Of
fcer become vice president, it would |
be beyond the power of the president
to romove him, and should differences
Of opinion on questions of national |
policy arise between the president and
vice president, the former would have
no recourse. Any such contingency
can readily be met, however, in the
case Of cabinet officers. The natural !
succession of the duties of the vice |
president as presiding officer of the |
senate fell upon the president pro tenn
pore of that body, as provided by law
By the death of Vice President Hobart
Senator w. P. Frye, of Maine, be-
comes the presiding officer of the SEN
ate. The succession to the presidency,
in the event any calamity should
cause a vacancy in that office, would
fall upon Secretary of State John Hay.
Ohio Stare Journal.