New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1901-03-12
sELECTIONSFROM THE NAIL
ELECTIONS AND VOTE CoUNTINGs.
TEE LATTER NOT PART OF THE FORMER,
THINKS A CORRESPONDENT

n l.
To the Editor Of The Tribune
cir. In your editorial article. reflections Upon
r-,e.,ions'' in The Tribune of the 18th inst. you
o,,rnent upon the fact that there is no formal
fAcation Of the election Of President and Vice
r,es,5ent and suggest the difficulty that might
arise should the successful candidate suffer dis
,alffcaticn between the January election and the
February declaration OF the result" In the first
sentence Of the article you say. "Messrs. Mckinley
I'd Roosevelt have ar length been fully elected to
the Offices etc
VIII YOU permit to suggest that the counting
~ the votes is not part OF the election. and that
berefore the difficulty IS not different in the in
,erysl between the time when the electors and
,ba time Of the count from that which exists for
,be interval between the count and March 1? You.
inadvertently perhaps, concede this by your refer
once Just quoted. to the January election. al
though your opinion is sufficiently indicated by the
statement which implies that President is not fully
slerted" until the votes have been opened in the
r-esence Of the two houses and counted.
Let Us suppose the that Mr.. Mckinley had
did suddenly February l. There is nothing in
she constitution the laws which would have made
he DUTY Of Congress different in any particular
t,rm the DUTY which il performed when. as you i'm
nix the election was completed. The
tAcstes would have been opened and read. the
sscertained result would have been announced in
.be same words. and-since Congress neither had Of
gcial cognizance of the death Of Mr.. Mckinley.
could vary It's course. having such knowledge-the
right Of the cePresident-elect to succeed TO the
office would be changed in way by the fact of
b occurrence Of the death before rather than after
the count
The difficulty that exists with respect to all the
tine between the January election and the date of
,nsuglration is greater than that which you men
,ion Rather it might be greater for constitutional
hair splitters The constitution says that the pow
srs and duties Of the office 10 devove upon the
yice-President in case Of the removal of the Pres
ident from Office or of his death resignation
,nsb1ity'' etc. Now. March the term
.. the President ends. The Nice-Presidcnt-cleCt
,akss the oath: but in the narrow and technical
se,se IL is not the President who has died, but
the Pres!zent-elect and the constitution does not
,ro,ide specifically for that event. Every
knows what would happen, and there could be moth
inv ut an academic discussion of the regularity OF
the proceeding
A constitution cannot make provision for all con-
.ireencies Suppose there another William
MCKINLEY of Ohio. and ne TO present himself
qualification a President next month suppose
q President. time during his term. TO be
etrirlen with paralysis and to he unable to dis
1arge the DOyVerS duties OF the office, suppose
that the Nice-President assumes those powers and
d,1ties. suppose that ultimately the President
covers Does he resume the office? The conStitu-
ZION does not say that he may, but doubtless he
would. -, -, -.
constitution Of any State. provide for the case of
ne death Of the Governor-elect between the day OF
The noplllar election and the time OF the official
canvass of the vote? EDWARD STANWOOD.
Prookline Mass. Feb. % 1901.