Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1908-11-20
Figuring on What May Happen.
]. Hampden Dougherty. an authori.

T'teIh1 vi WHAT way Happeh.
]. Hampden Dougherty, an suthoi.
II. on the electoral system of the
United States, has written a letter
calling attention anew to the DO, 81.
bility Of serious complications in case
Judge Taft were to die after the
second Monday Of January, the date
when the electoral college s to meet
and choose him President, and before
March 4. the date Of his taking the
oath Of office. Mr.. Doughelty says
there are three possible cases to be
considered, as follows: % The
death OF the President elect, as We
popularity cali min, between the date
Of the November election and the
meeting Of the electoral college on
the second Monday Of January. The
electoral college would be aLsolu ely
free to make such selection as they
pleased. (2) The death OF the Pres
identelect after the vote in eie to-
raj college and before the second
Wednesday Of February, when the
two houses meet in Joint convention
to count the electoral votes. (3).
The death Of the Presidentelect be-
tween the second Wednesday of Feb
rrary and inaugural day, Cases 2
and 3. Mr.. Dougherty says, may be
treated together as they have usual.
ly been In discussion of the Ques-
ton. The electoral college could not
be reconvened In either case. Meth
er the act Of Congress nor the Con-
stitution makes provision for their
doing so. He adds:
According to some opinions, the
Vice President elect would become
President. He would be sworn into
his own office on the 4th of Ma. CHI,
and Immediately thereafter be sworn
In as President. Others, few in
number, have declared that the Hous,
of Representatives would elect in cas-.
es 2 and 3, and finally others land l
agree with them hold that there is
a casus omissus in the Constitution
which can be cured only by a consti.
tutional amendment"
Senator Hoar at one time held the
opinion that the House Of Represen-
tatives might elect in cases 2 and
3, but, subsequently becoming con-
WINGED that his opinion was errone-
Gus, he urged an amendment to the
Constitution for the purpose of pro-
viding for the election of a President
If the Presidentelect should die af-
ter the vote In the electoral college
and before Inauguration. In December
1897, Senator Frye of Maine introduc.
ed in the Senate a resolution for an
amendment to the Constitution pro-
viding that in all cases not provided
for by article II, clause ), Of the Con.
stitution, where there is no person en-
titled to discharge the duties of the
office of the President, the same
shah 'devolve upon the Vice President
The amendment was passed by the
Senate, but was smothered in the jul
dietary committee of the House Of
Representatives. Senator Frye intro
duced substantially the same res1lu.
ton in the Senate in December, 1901.
1t passed the Senate, was sent to
the House Of Representatives and Their
referred to committee, but never af
terward heard Of.
In view Of the opinions of eminent
authorities that serious complications
might follow the death of a Presi-
dentelect between the meeting of
the electoral college and the inaugu-
ration, efforts are to be made during
the coming winter to secure action
to remedy this defect in the Con-
situation. The danger is not a very
great one, and if the President-elect
were to die, it is probable that the
Vice President-elect would be per-
mitted to serve without question as
to his right. But it would be well
to have the matter put right by
an amendment to the Constitution.
Walter Wellman in the Chicago Re
ord uaro1d