New-York tribune., 1909-02-03
THE PRESIDENTIAL SUCCESSION.

Congress has at last taken steps TO close
dangerous gap In the laws governing the Presl-
danfial succession. The Senate Judiciary Com
nittee has reported q bill providing for the sud
mission of & Constitutional amendment Droad-
sning the succession and giving Congress power
70 extend the provisions Of the present success
sion law TO cover such g contingency as Ine
death or Interpretation OF botn Fresldent-eleot
and Vice -President-elect. It is to be hoped that
an ornort,,ni+v will be thus offered the country
70 nreyent all possible entanglements; for
though no actual break in the Presidential sue
cessIon has vet occurred, 1t is prudent ID
forestaU accidents and to guard against the
confusion and possible strife which would fol-
low the creation of vacancy In the Presiden-
tiaI Office under circumstances Wnlcn snoulu
leave no successor an undisputed title
The chief trouble with our present system Is
that It does not guard against the contingency
Of President-eIect's dying or becoming in
capacitated between the date of his election and
the date set for his installation. Once ne Is
Inaueurated and has named Cabinet the sue
cession is secure But if a President-elect Is
never inaugurated the whole machinery now IN
use is put out of gear. The Constitution says
Article II, Section l;
In casa OF the removal Of the President from
office or of his death. resignation or inability
20 discharges the powers and duties of the said
Office the same shall devolve on the Nice.Pfesl-
dent and the Congress may by law proVlue. p.I ioI
the case Of the removal, deatn resi- Blu
or inability both of the President and wee
President, declaring what officer shall then act
as President and such officer shall act ecCoTC-
ingly until the disability be removed OF d fIoSl-
dent shall be elected
But all the provisions made in the Constltu-
tion apply TO q President who has taken once.
The Vice President is authorized to succeed
President installed, and If there IS no Fresl-
dent inaugurated the Vice-Presidents Status
after his own installation is not at all clear
No doubt there would be- at least IN ordinary
times a general acquiescence in his assuming
the duties of President after being installed as
vice-President But he would not assume them
In strict compliance with the letter Of the Con-
stitution. The amendment proposed enlarges
his substitutive powers, that he may become
President after installation as Nice-Presldent
in case there is no one entitled TO be sworn III
as President The amendment also authorizes
Congress to provide by law for the succession
In case both the President-elect and the vice
President-ele die or become disa bled, SO that
there can be no hiatus even under the most ad-
verse circumstances
It is worth while amending the Constitution.
tedious as that process is, IN order to secure
absolute immunity from disputes over the Pres
Idency We do not think that any state Legs
lature will refuse its assent to an amendment
clarifying situation which may some tine be-
come troublesome. II the proposed amend
ment passes both houses Of Congress before
the end of the present session, it can be sub
mitted TO many state Legislatures this year and
be acted on In at least three-fourths OF the
states before June, 1911. It is highly desirable
to strengthen and secure the Presidential sue
cession before another President AID Vice
President are elected. Delay only invites COM
plications which may prove unwelcome, If not
dangerous