The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-07-01
Friday July 1, 1904.
WHO WOULD BE PRESIDENT?

Should that candidate for presi-
dent who is chosen by h people
next fall die after his election by the
electoral college n prior to n
counting of the votes and declaration
of the results by congress, who would
be president after March 4th? Would
the vice president-elect succeed to
the office or would the house of rep
resentatives elect, as it does when
there is no election by reason OF no
candidate having received a MAORI
ty Of the electoral votes?
AS to the vice president-elect as
Stunning the duties of the office or, In
fact, becoming president, the const1-
tuition provides: I'm case of the emoV-
al of the president from office or of
his death, resignation or inability to
discharge the powers and duties OF
said office, the same shall devolV on
the vice president" Nothing is said
about the death Of the president
elect. The above clause of the con-
stitction contemplates a vacancy in
the office of president. The question
10 IL TIC NOAAA i~
there such a vacancy as is provided
for Il: that section Of the constitution?
This point has never arisen as to
the presidency, because no such con-
dition has ever occurred, but 1t has
been raised in the senate with regard
to filing vacancies by appointment by
governors. The constitution pro-
49, --Io-a xyooanau nnn,1rc
during the recess of the Legislature
of a state the governor shall appoint
a senator, who shall hold the office
until the next meeting of h legisla-
ture. The senate in three or more
cases, the last being that of Senator
Quay. of Pennsylvania, has decided
that where the senator had not been
elected before the beginning OF the
term, there was not such a vacancy
as contemplated by the constitution.
which the governor could fill tenn
porarily.
Reasoning by analogy, there would
not be-. in the case of the death Of a
presfdent-elect tbefore declared
elected, such a vacancy which the
vice president could fill under the
above quoted clause of the constitu-
ton.
AS to the house electing a presi-
dent under such circumstances-The
constitution provides for such cleo
ton only when no candidate receives
a majority of the votes of the cleo
toral college.
The clause of the constitution
providing for the election of the
president when there is no choice by
the electoral college declares that
should the house fail to elect before
the fourth of March following, then
the vice president shall act as presi-
dent as in the ase of the death or
other constitutional disability of the
president" Again reasoning by an
alogy, the vice president would be-
come president.
There is no express provision in the
constitution for such an emergency.
the organic law as regards choosing Of
it's members, the vice president
would not succeed to the Office.
Judging by the clause providing for
the election of a president by the
of representatives he would
become president. The house elects
where the balloting of the people has
amounted to a nullity by reason of no
candidate receiving a majority of the
votes of the electoral college. Would
it also elect where h peoples voting
amounted to naught because Of the
death Of the person chosen?
These questions may arise some
day. It would oe we'll to provide for
such emergency beforehand.
IL The democrats had carried every