Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1908-11-15
If Mr.. TAFT
SHOULD DIE
Successor Gould Not Be
Chosen After January.
New York Times.)

y
authority on the electoral system of
the United States, has sent the Times
the subjoined letter expressing the
opinion that, through a curious de-
feet in the law of Congress and the
Constitution, in case Mr. Taft should
die after the meeting of the Electoral
Colleges next January and before
March 4, the date of Inauguration,
the Nation would have no means of
providing his successor:
New York, Nov. Z, 1908.
To the Editor of the New York Times:
In the admirable editorial: The
Electoral Colleges which appeared
in yesterdays issue of the Times,
there is, | think, one error. 1t is, that
If the President-elect should die be-
tween the second Monday of January,
the date of assembling of the sew
eral Electoral Colleges, and the sec
ond Wednesday of February, the
House of Representative would have
the burden of electing the President
This, / think, is not so. The Con-
stitution permits the House to elect
in only one CONFERENCE.-THE is
when no candidate for the Office has
a majority of the votes Of the Electors
duly appointed. It is then to make
choice from the three candidates who
have the largest number of Electoral
votes in their favor.
There are really there cases to be
considered: a. The death of the
President-elect, as we popularity call
\; ~
bre election and the meeting of the
Electoral Colleges on the second Mon
day of January The Electoral Col
leges would be absolutely free to
make such selection as they pleas
ed; 90 the death of the President
elect after the vote in the Electoral
Colleges and before the second We'd
nesday of February, when the two
houses meet in joint convention to
count the Electoral votes: 90 the
death of the President-elect between
the second Wednesday Of February
and the inaugural day Cases 2 and
3 may be treated together, as they
have usually been in discussion of
the question. The Electoral Col
leges could not be reconvened in
either case. Neither the act of Con-
gress nor the Constitution makes any
provision for their doing so.
According to some opinions the
Vice-President elect would become
President. He would be sworn into
his own office on the 4th of March,
and Immediately thereafter be sworn
in as President Others, few in
number, have declared that the House
of Representatives would elect in
Cases 2 and 8, and finally, others
(and / agree with them) hold that
there is casus omissus in the
Constitution which can be cured on
ly by a constitutional amendment
The subject was examined few
years ago by the Committee on
Privilege and Elections of the House
Senator Hoar at one time held
the opinion that the House of Rep
resentatiyes might elect in Cases 2
and 3, but subsequently becoming
convinced that this opinion was err
roneous, he uregd an amendment
to the Constitution for the purpose
of providing for the election of
President if the President-elect
should die after the vote in the
Electoral Colleges and before the in
auguration In December, 1897,
Senator Frye of Maine introduced in
the Senate a resolution for an amend
ment to the Constitution providing
that in all cases not provided for by
Article H. Clause 5, of the Constitu-
ton, where there is no person en-
titled to discharge the duties of the
office of the President, the same shall
devolce upon the Vice-President. The
amendment was passed by the Sen
ate, but was smothered in the Judi
ciary Committee of the House of Rep
resentatives. Senator Frye introduce
ed substantially the some resolution
in the Senate in December, 1901.
1t passed the Senate, was sent to the
House of Representatives and there
referred to a committee, but never
afterward heard of.
The death of the President-elect in
this interval might result in most
serious complications, and while
am of the opinion that there is a
plain casus omissus in the Constitu-
ton, which ought to be remedied by
an amendment, l am convinced that
the House of Representatives could
not constitutionally choose the
President if the President-elect should
happen to die after the meeting of
the Electoral Colleges and before
March 4
]. HAMPDEN DOUGHERTY