Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-06-07
Question of McClellan's Eligi-
bility for the Presidency.
THROW VOTE TO HOUSE
STARTLING POSSIBILITIES SUG-
GESTED BY A. POLITICAL WRITER.
Democrats Apparently Not Worried
Over the Matter-Concerned Over
the Platform and Convention.

The rapid growth of the Mcclellan presi-
Dental boom has revived the discussion of
the eligibility of Mr.. Mcclellan for the
presidential office. The contention arises
over the fact that Mr.. Mcclellan was born
abroad, while his parents were on a tour,
and that the Constitution of the United
States provides that the President Of the
United States must be "natural-born citi-
zen Of the United States.'
Lawyers give differing constructions to
the terms ''natural-born citizen" and there
is much argument as to its application to
the Mcclellan case. Some of the greatest
legal minds in the country, as well as ex-
perts upon international law, hold opposing
opinions upon the subject
To Throw Election to the House.
The most startling feature of the situa-
tion is the political possibilities involved in
the question of Mr.. McClellan's eligibility.
The New York writer Holland" in today's
Philadelphia Press depicts somewhat ap-
palling prospects as one of the possibilities.
He does not go to the length of expressing
the opinion that any party in this country
would dare to perpetrate such a perversiOn
of the popular will, but points out that 1t
could be done.
In brief the monster conjured up by this
/
it would be possible for the House and
Senate to refuse to count the electoral vote,
on the score that he is ineligible by birth,
throw the election into the House, and, the
republicans being in control choose the
man having the next highest number of
votes, Theodore Roosevelt
OF course, the writer does not go on to
say what the American people, having
some slight knowledge of the use of arms,
would do to Mr.. Roosevelt and the men
who played that little game, but leaves
that to the imagination, as one of the dire
possibilities of the nomination of Mr.. Nc
Clellan and the raising of the moot Ques-
tion. -.
To Take Election to Court.
Another interesting phase of the situa-
tion Is the suggestion that If Mr.. McClel
Ian were elected 1t would be possible for
the candidate having the next highest
number of votes to go to the Supreme
Court for writ of quo warranto and raise
the issue that Mr.. Mcclellan was not eligi-
BILE, and therefore should not exercise the
Office and duties of President, but that
those functions should devolve on the man
having the next highest number of votes.
The prospect of the Supreme Court pass
ing upon the subject has little less srevo-
lutionary flavor than the first suggestion
but if Mr.. Mcclellan should have had any
thing like a good majority, and the court s
decision should be adverse, 1t would proba-
bly put the obedience of the people to the
courts mandates to the most severe test.
Anyhow, it makes good hot weather read
ing and gives the politicians something to
talk about.
convention will bother itself very much
over the eligibility proposition At any
rate, the Mcclellan hackers are willing to
take their chances on sustaining his elfg1-
bility If the convention will nominate him.
Apparent Confidence of Democrats.
Democrats by and large express the most
abiding confidence in their ability to defeat
President Roosevelt with either Mr.. Nc
Clellan or Judge Parker, given conserva-
tive platform. The wayfarer cannot but
remark upon the enthusiastic hopefulness
Of the democrats everywhere. They are
looking to the national convention with the
utmost anxiety and solfcftude, lest some
slip should be made there, but every man OF
them will say that once past the perils OF
the convention, with a satisfactory candi-
date and platform, they honestly believe
they can give the republican party
drubbing it will remember for decade.
The democrats seem to have the idea that
Mr. Mcclellan would make the most mag
netic candidate and arouse the most en-
thusiasm among 1.-The boys" On the other
hand, they admit Judge Parker would ap-
peal to the conservative element of the
country and many democrats think that
Judge Parker would draw the votes or some
ultra conservative republicans who pro-
fess to take alarm at the alleged radical
tendencies Of their party.
Count on Republican Apathy.
The democratic leaders are counting on a
good deal Of apathy among the republicans.
They say that the cut-and-dried nomination
Of Mr.. Roosevelt will have tendency to
lessen enthusiasm, and that the general and
widespread popularity of the President may
give rise to overconidence and large stay
at-home, Indifferent vote. This. taken in
connection with the factional quarrels in
many states, may cut down the heavy plu-
ralities which Mckinley rolled up for his
party the democrats say.
The rank and file OF the democrats will
welcome either Mcclellan or Parker, for
either one would insure, they say, fat
campaign fund and somethin' doin' for the
boys all down the line. The workers in
the vineyard have had rather slender pick
ings OF recent years. and there will be loud