New-York tribune., 1905-01-24
THE PRESIDENTIAL SUCCESSION.

Some notable defects in the Presidential sue
cession law are brought to public attention in n
report just made by the House Committee on
The Election of President, Vice President and
Representatives in Congress. This report rec
Ommends the passage of bill, introduced by
Mr.. Clark. Of Missouri TO bring the Secretary
Of Agriculture and the Secretary Of Commerce
and Labor into the line Of succession. 1t is
Characteristic, perhaps Of the happy-golucky
methods followed I'm dealing with the success
sion problem that the act Of 1886 which took
the president pro TEN. of the Senate and the
Speaker Of the House of Representatives out
Of line, and vested title instead IN the mem.
bers Of the Cabinet ignored the possibility of
any further enlargement of the Cabinet circle
IL named ss successors 10 the President and
Vice-Presidcnt the holders Of the portfolios then
existing, and made no provision for qualifying
as eligibleS the heads Of departments thereafter
10 be created. A similar oversight occurred
when the Department Of Agriculture was es-
tablished in 1889. The head of that department
by inadvertence no doubt was not put on the
same level of eligibility as his associates in the
Cabinet Again. in 1903. when the Department
Of Commerce and Labor was organized. the text
Of the set Of 1888 followed. and the Secre-
fary Of Commerce and Labor was left without
The statutory right of succession. Mr. Clarks
bill repairs the apparent slight put on the two
newest department chiefs. and gives them the
status due them as holders Of Cabinet port-
folios. As q practical question il may matter
little whether they secure the right of success
sion or not. But in equity they are entitled 10
The same legal dignites and privileges as their
seven associates.
The House Committee suggests no other
amendatory legislation NJ this time Bur Il
frankly points out inadequacies in the present
Law which IL would certainly be The part az
prudence 10 remedy. The Succession act de-
clares that in case Of the removal. death reslg-
nation or inability of both President end Vice
President tie Secretary of Siate shall act as
President until such Inability" is removed or
new President is chosen. But who is TO mass
on the question OF inability? What does lin
ability" consist in! Where does It begin and
when is il removed: Again. who Is 10 sue
eeed in case the Presdent-eiect dies before
being inaugurated; Probably the Vice -Presi-
dent-elect would De indUcted into Office as Vice
President and then assume tae powers Of the
presidency. But the law makes this procedure
merely inferential If both the President-eIect
and the Observation-Disclosures die, does the hold
over Secretary Of State become President?
suppose the Democratic candidates for Presi-
dent and Vice-Presdent had been elected last
November, and had been duly inaugurated but
had both died before new Cabinet appointees
could he nominated and confirmed Would the
hoId-orer Republican Secretary Of State succeed
IN that caseF Apparently be would But such
n mishap would defeat the essential purpose of
tbe Succession act which sought 10 guarantee
power for four years 10 the party voted in at
the preceding Presidential election.
These problems are In one sense academic.