Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1908-12-25

The Constitution Of the United States
was framed with singular forethought
to provide for almost every contingency
that could arise threatening a hiatus in
the Succession to the chief execu-
tive office of the nation. But there
is one weak place. Suppose there
should he death of a President
elect. Who would then succeed to the
Presidency after the expiration of the
term of the incumbent of the Office?
Article H. of the Constitution says
In case of the removal of the President
from office, or of his death. resignation or
inability to discharge the powers and duties
Of the said office, the same shall deYolye
on the vice-President, and the Congress may
by law provide for the case Of removal.
death, resignation or inability. both of the
President and yice-President, declaring what
officer shall then act as President. and such
officer shall act accordingly until the dis.
ability be removed or President shall be
elected
Congress has enacted a law providing
for the succession in the contingency Of
death of the vice-Presideut, but Congress
has no power under the Constitution to
fill n vacancy caused by the expiration Of
the term Of the President, when the man
elected to succeed him dies before the
time for Inauguration. There is moth
make the vice-President elect eligible
under such circumstances to be sworn in
as President.
There is pending in the Senate a reso-
luton offered by Senator Bacon of GeOr-
gia to set in motion the process required
to cover this contingency. The Ba-
con resolution proposes the following
amendment TO the Constitution:
Article XVI In all cases not provided
for by Article H., clause Of the .Consti.
tuition. where there Is no person entitled to
discharge the duties of the Office of the
a1.- IL,
yire-PreSident. The Congress may by law
provide for the case where there is no per-
son entitled TO hold the office Of President
or vice-President, declaring what officer
fcer shall act accordingly until the dis
ability shall be removed or a President shall
be elected.
OF course there is no fear that anarchy
would prevail in the event of the death
of a President-elect. Both houses Of
Congress and the Supreme Court would
be in existence, and the President and
vice-Presidpnt would be in office. But
there would be some uncertainty as t.
the succession at the end of the term Of
the incumbent chief executive. The Con
stitution does not say that under such
circumstances the vice-President-elec
shall be available to fill the gap and be
sworn into the higher office.
There are those who hold that a Pres
ident in Office may retain his power as
President until the swearing in of his
successor. President Grant. it will be
remembered. was SAID to entertain this
view. and in 1877, before the celebrated
Electoral Commission decided that Ruth
erfOrd r. Hayes was President-eIect.
President Grant was credited with q de-
termination 10 hold his post till the uues-
ton of Hayes or Tilden was decided.
and his successor was inangurated
II is interesting. however. and perhaps
profitable. 10 wonder whether this prece-
dent always would be followed Lookin~
at the surface If the matter. there
should Toe no doubt rs TO the proper
course. But the enactment Of the Ra-
con amendment would tend toward the
solution Of What under supposable cir
cumstances, might be a serious prob
lem.