The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-01-26
The Presidential Succession.

The Presidential Succession.
The act Of Jan 10, 1885, regulating
the Presidential succession, which is the
present law on the subject. provides
that in case both the President and
yice-President are unable, from any
cause, TO administer the Office OF Chief
Magistrate the members Of the Cabinet,
beginning with the Secretary of State
and ending with the Secretary Of the In
terror, shall be in line of succession.
Previous to the adoption Of this law the
President pro tenn Of the Senate and the
Speaker of the House Of Representatives
were named to succeed to the Office OF
President should IL become vacant and
there be no Yice-President,
The unsatisfactory nature OF the
old statute was demonstrated to the ma
ton when Vice-President HENDRICKS
died In 1855. Neither the Senate nor the
House was organized al the time OF his
death. and had Pres CLEVELAND
died before Congress met there would
have been no one to take tho office.
When the Senate met, the Republicans
we're In the major ~, and JOHN SHER-
MAN was elected President pro TEN.
The Democrats controlled the House,
and JOIN G. CARLISLE was chosen
Speaker Had Mr. CLEVELAND died,
therefore, Mr. SHERMAN. a Republican,
would have become President, and the
Democrats would have lost the Execu-
tive Department Of the Government.
In order to avoid similar situation
in the future the members OF the Cabinet
were substituted in the me OF succession
for the officers OF the Senate and the
House. Thus il was made practically i'm
possible for the nation to be left without
a head, and the continuance in power Of
the party successful at the polls was
made reasonably certain. Since 1886
two new Cabinet officers have been
created, and Congress has before II a
bill to add the Secretary Of Agriculture
and the Sc cretary of Commerce and
Labor in the line of succession. Repre-
sentative JOSEPH HoLT GAINES OF the
Third West Virginia district, in pre-
senting a favorable report on this bill
from the COMMITTEES on Election OF
President, President and Repre-
sentatives in Congress, has pointed out
the inadequacy OF the existing legisla-
ton on the subject and expressed the
opinion that Congress should give carly
attention to the subject
Mr. GAINES asks: Who would de-
termine the question OF inability on the
part OF the President, and when such
inability ceased II an election were
ordered TO fill vacancy, could it be for
the unexpired term or would it be for
a full term Of four years?' Mr.. GAINES
does not attempt to answer any Of these
questionsi
ma Presldcnteiset were 70 DIE before becoming
President would the Vice President elect be Presi-
/ dent for tho term' Again. II a President-elecl
and Vice President elect should both die prior To
taking their ofiees. would the Cabinet ofncers sp-
pointed BY the outgoing President succeed In the
order named In the present law when the new term
began, Suppose The Democratic candidates for
President and vlce-Prceidsns bad bean sieeted
at the last election and had died boforu new Cabinet
on,oer had been oonnrnsd. would the Republican
| Cabinet ofaoers be In line Of suooessionf
The existing law provides that In case the Suo-
| oess,op shall dsvolve upon any OF the persons
named in the law. f Congress be not In session.
and would not meet by lay within twenty days
| thereafter. then the person upon whom the duties
Of the once devolvs shall By proclamation coz
yens Congress 10 extraordinary session. giving
| twenty dIys notice OF the time OF the meeting
! Could he give morn than twenty days notice,
! ought be not 10 be required 10 call Congress to.
setaer In twenty days 10 no uncertain language,
or. rather should rot the coming together OF Con-
grrss In such case DO made 10 happen certainly.
and NOT be dependent upon the proclamation OF
the orlcer succeeding 70 ,he duuos OF the Presi.
! dencyi-
The task OF framing Just and equi-
table law providing for the Presidential
succession ia not an easy one, but the
subject is Of such far-reaching impor-
lance that Congress should not be con-
tent with any unsatisfactory measure or
makeshift. The possibility OF a COM
plete failure OF the voters to work their
will in choosing President exists to-day,
and the situation causing il should be
remedied.