Arizona republican., 1905-02-05
The Presidential Succession.

A report made the other day by the house committee on elections directs the attention of the country to the in | sufticiency of existing law relating to | the presidential succession. Several years ago a law was enacted which made the cabinet officers, in the order named in the statute, the heirs to the presidency in the event of the death of both president and vice president and congress thought at the time that all eventualities had been provided for But a matter of fact, if the newly elected president and vice president should both die before taking the oath of office and before officially a new cabinet had been appointed, the law is silent as to how the emergency should be dealt with.
 The bill upon which the report is based does not deal with these ques- tiOns. but simply adds the secretary of agriculture and the secretary of commerce and labor to the presidential succession, which, under the present law. runs down through the cabinet in the order Of the establishment of the executive departments. These two de- partments having been added since the enactment of the original law, the change made by the bill under consid- eration is, of course. necessary and right
 But the committee takes advantage of the opportunity to call the attention of congress to certain inadequacies in the presidential succession law.
 The law provides for succession in case of removal. death, resignation or inability of both the president and vice president" Who" the committee asks would determine the question of inability on the part of a president and when such inability ceased? ?" The committee thinks it is not clear. moreover. if an election were ordered in case of a vacancy in the presidential office. whether it would be for the un- expired term or would have to be for 2 term of four years, thus disarranging the four-year period of government
 If president-elect were to die be- fore becoming president. would the vice president-elect be president for the term?" the committee asks. Again. l If a president-elect and vice president l elect should both die prior to taking their offices would the cabinet officers | appointed 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 vice president had been | elected at the last election and had 1 died before new cabinet officers had | been confirmed. would the present re- publican officers be in line of sue cession?"
 The committee says there is no easy answer to any of these questions.
 Another interesting hypothetical case put in this connection is this: The | existing law provides that in case the ! succession shall devolve upon any of | Gress be not in session and would not ! meet within twenty days thereafter | then the person upon whom the duties | of the office devolve shall by procla- | nation convene congress in extraordi- | nary session, giving twenty days mo- tice at the time of meeting" Could | he give more than twenty days no- uce?" Ought he not be required to call congress together in twenty days in no uncertain language? Or rather, | should not the coming together of con gress in such a case be made to hap pen certainly, and not be dependent upon the proclamation of the person succeeding to the duties of the presi- dency?
 All of which seems to indicate a good deal of uncertainty about a mat ter which, of all matters in our form of government, should be beyond doubt. While the peculiar emer- gencies contemplated by the members of this committee might never arise. still the law should certainly provide for the proper meeting of every pos siblc emergency.