Evening star., 1902-02-05
PRESIDENTIAL SUCCESSION
PROPOSED CONSTITUTIONAL AMEND
MENT TO SETTLE yExED QUESTIONS.
Vacancies to Be Filled by the Senate
From It's Own Numbef-Mr.
Jenkins' Plan.

An amendment to the Constitution which
provides that senators shall succeed TO the
presidency instead of members OF the capl-
net in case that Office shall become vacant
through the death of both the President
and Vice President has been introduced IN
the House by Representative, jenkins OF
Wisconsin a leading republican member Oh
the House committee on the judiciary.
Senator Hoar has brought forward prop
ositien also covering what might be PROD
able lapse in the succession to the presi-
dency in case of the death Of the successful
candidates for the two highest offices after
their election and before their inaugura-
ton.
The only reference to this matter In the
Constitution is a brief clause, which reads:
I'm case of the removal of the President
| from office or of his death, resignation or
inability to discharge the powers and duties
| of his said office, the same shall devolVe
upon the Vice President"
| Although SO far in the history of the
United States there has been but one phase
| of this question Of succession to the pres
idency to be met-from Vice President to
| President-yet a much more complicated
problem can readily be imagined.
| In the opinion of Mr.. jenkins the most
| important matter in this connection is the
| lack of authority on the part OF congress
| to fill the office Of President In case OF the
| death or removal of both PRESIDENT anu
| Vice President, or the death OF the sue
cessful candidates for these offices just pc
fore the national election, or after tne
| national election and before the Inaugural
| "In such case, what is going to be oone
! on the day of inauguration? remarked MT
jenkins, in discussing the subject with 9
Star reporter today. 1T certainly ca1ho'
be successfully contended for single mo
| ment that the offices should be hlled IRON
| the cabinet of the outgoing President
| Here would be a break in lne govern
ment We would have no head to the ma
ton, and at present Congress has no power
to declare who should under such circum
stances be President and Vice President
While this may be called a purely hypo
thetical case, it is certainly not impfobabis
that We might have a repetition Of tht
= Hayes Tilden contest, In which the enec
| would be important and far reaching, ant
should be carefully provided for even II 1
will not prol>- : occur
To BE Filled From the Senate.
Mr. Jenkins believes that these two high
est offices in the land should be filed from
the Senate and not from the cabinet, il
case succession is necessary. His amend
, ment provides, first, for the manner o
electing President pro tempore of the Sen
) | ate and then provides that such Presiden
: | pro tempore of the Senate shall succeed l
| case Of vacancy first to the vice presi
dency and then to the presidency, upon tn
vacancy OF thaE ONCE Dy polA NiSSloSllI Oil
t | Vice President.
= Curiously enough the Constitution doe
j not provide that the President pro tempor
4 of the Senate shall be elected from anon
| the Senators, but as a matter OF course th1
has always been the custom The practic
4 has been for the Vice President to abser
| himself long enough for the Senate to eleC
: a President pro tempore, but Mr.. Jenkir
t pointed out that under the Constitution, a
Y now worded, as soon as the Vice Pres
: dent returns to the Senate in session th
d person elected president pro. tempore in h
: absence really goes out Of Office. The Cor
i stitution in this respect contemplates til
e election OF Presiuent pro tempore of tn
d Senate every time the Vice President Is al
sent. to preside over that body only durin
such absence.
The adoption of the proposed amendmer
Of Mr.. Jenkins would seem to settle all {
d the vexing questions that are liable
arise on account Of these defects in II
, Constitution. 1t provides for the selectio
= of a permanent President pro tempore
q the Senate Also that the Senate sha
70 meet in extraordinary session on the da
i the presidential term expires, to prevel
:. any trouble that might arise by the failu1
q Of hostile outgoing President to call IL
e Senate together for the benefit of the Il
It ! coming administration. thus allowing
President pro tempore to be elected ar
,s | prevent any possibility of break in I'll
h line Of succession. 1t also provides how Il
- line of succession shall be kept full.
't keeping the office of President pro tempo
It Of the Senate occupied on the promotion
N one incumbent to fll the office Of vi
E. President or President and in this WE
l. always keep an officer In line to head II
1t government. 1t carefully provides again
Of | the failure of the Senate to choose a Pre-
t. ident pro tempore, by declaring in SUI
r case tnAt the oldest senator in point of Sc
s. vice shall succeed to that Office.
IN There Is no politics in the propos
a. amendment, and 1t raises no question
ze state rights. In view Of the lack Of prop
oe authoritative and legal procedure in su
IN cases OF succession to the highest ofic
IN In the land 1t would seem that the amen
ng ment should be submitted to the sever
n. states for ratification.
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