The Hartford republican. (Hartford, Ky.) 18??-1926, 1908-11-20
NM WOULD Be
PRESIDENT If
Hdft Sholld Die Before January
the First--A Mooted
Question.

II. -
NV ON the electoral system OF the
azynited States has sent The Times tine !;
1. zvbioined letter expressing The law
srsf Congress and the Constitution, In
a-ase Mr.. Taft should die after the
rrseting of the ELECTORAL Colleges next
January and before March A. the ma
tioa would have no means of provid-
ing his successor:
New York, November Z, 1908.
To the Editor OF the New York Times
In the admirable editorial. THE Eiec
toural Colleges" which appeared In
yesterdays issue of TIE Times, there
As. q think. one error. 1t is, that
the President-elect should die be-
tween the second Monday Of January
the date of assembling Of the sew
~araI Electoral Colleges and rhe second
"Wednesday of February, the House oil
REPRESENTATIVES would have the bur-,
~ien of eSecting the President. This,
L think is not SO. TEE constitution
permits the House to elect in only one
,contingency--that is when no candida
for the office has a majority OF the
s.ofes of the Electors duly appointed.
1T Is then 10 make choice from the
three candidates vino have the largest
number of Electoral votes in their
favor.
There are really three cases 10 be
considered: % TIE death Of the
President-elect as we popularity call
hin. between the date of tue Novembe
election and rhe melting OF the Fec
Iural Colleges on the second Monday
OF January. TIE ELECTORAL Colleges
Woo ID be absolutely free 10 make such
selection as they pleased; (2) che deaf
OF the President-elect after the vote in
toe Electoral Colleges and before the
second Wednesday of February, when
tin two Houses meet in joint convention
sl19 count the Electoral votes; 90 the
death Of the Presidenl-elect between
the second wednesday Of February and
Inaugural day. Cases 2 and may be
treated together as they nave usually
ioeen in discussion of the question. Tn
Electoral College could not be recon-
xened in either case. Neither the act
s0f Congress nor the constitution make
any provision for this doing 50.
According 10 some opinions the Vic
Preside intellect would become Presiden
lie won be sworn into his own offic
on tive I'm OF March ard immediately
thereafter be sworn IL as President.
Others few in number nave declared
trSt the House of Represe atatives
vonld p eW in Cases 9nd 8; and
finally OF els (aud | agree win tueml
hold that there is = cssus omissus
In tine constitution wuicI car he cur
I'D only by a constitutional ainrndmen'
TIE subject was examined 81 fcw years
ago by Inc Committee Oh Privileges
and Elections of Ci,e House of Repre-
.ssIrGR;vos.
Senator Hoar n one tine he'd i"G
',lplnion That tie House Of Represen'
zaiyes migiN elect ~ Cases . AND
mt subsequently becoming Convinc
GO that tbs opinion Yves erroneous
ne Urged an amendment 20. lue con
lsduutiOn for the purpose Of provid
tx for tGe election Of a Presiden
II the Pres.dcnt-elect Should die aftei
Lhs sote in the ELECTORAL Co leges an(
ra.a.<.,,.-. 5,a,,Unr., ION I, y.pqTnbar 1907
Senator Frye, of Maine, Introduced l.
the Senate a resou lpn 70: an amend
rneIa IN the cDnSlitu, lon providing
-tlrlt IN al cases uO1 Provided for b!
Article =, Cause 3, Of tie cJusritu
siuu- where thcre is $50 person e1ri
rled 20 disc arge trc uules ~ tr'
c,Gice IL Jle Pres'dcn.. DE saline 'ial
5ei'olvo ulon tie Vice President. Tb'
smeniWcnJ was passed By t'e sen
'sie but WIS., eIn.r cred ig tre Jud.
.,iay C1uuitoe oft'c House ~ Roy
gas naIyo-. Seastor Eye .nrIduc
: 80. 'qial'y &c s,-e r5s' u,io'
5u --a Senate En- Dal-mler, 1901. /
uas Il e Seaue. Was sent 80 rh
H0use nf Repre- ve-. and the
referred FOO cJmm,'e,.' rut neve
aGewara heard cG
Tho toaH az t.e Presose -sler 81
tas interval igI a-ul' JIM mos. So
Esu- comp ic.cUs. and wuile / aln o
fn opinion -aa. t,c.o is Phi c,su
om -us 1 $40 c ui.u vtac.