Evening capital news. (Boise, Idaho) 1901-1927, 1912-10-17
BY Frederic J. HaskIn.

II It should 80 happen that both the
president and the vice president should
be unable to exercise the duties Of the
Office either by reason Of death, re-
moval or disability. 1t would fall upon
the shoulders of the secretary of state
to "act as president" were he quail
fled, or, II 1t should have to pass him
It would next fall upon the shoulders
Of the secretary of the treasury. and so
on down through the list of cabinet Of
Ulcers as far as the secretary Of agri-
culture. He and the secretary Of
commerce ana labor were omitted
from the succession act Of 1886 be-
cause their positions had not then been
Ncreated.
The man who thus would "act as
president" IL required by the sue
cesslon law to call a session Of con-
sgress within 20 days. and to lay be-
fore 1t the fact of the vacancy in the
presidency, after which it would be-
come the duty of that body to call
special election for the filling of the
Vacancy in the presidential and vice
presidential offices. 1t has been sug-
gested by some that in the event the
Forthcoming election Is forced into
congress and the house should fail to
choose a president and the senate
vice president. Secretary Of State
Philander c. Knox would become pres
1dent, some going so far as to say that
he would serve for four years. The
first statement may be true. while the
other certainly is not. No careful
reading of the constitution will reveal
any direct authority for any sue
cession in the event Of q failure to
elect. The constitution and the law
both authorize this succession in the
event that a vacancy occurs through
death, removal or disability. but
neither makes any provision for a va
cancy through failure to elect.
Only "Act a. President"
that should sue ha situation arise, the
provision in the case Of vacancies
from death. removal or disabilities.
would apply. In that event. however,
Mr.. Knox would only "act as presi-
dent" until a special election could be
held. He is required by the law au-
thorizing him to take up the reins of
government, to call congress together,
If 1t is not already in session, so that
1t can provide for a special election.
How long 1t would require for such an
election to be held is hard to forecast.
In the first place, congress would have
TO agree upon the time and the terms
of the election. Then time probably
would have to be allowed for another
pre-convention canvass and another
prediction campaign. 1t is very prob
able that under these conditions the
election would be called for the usual
Tuesday after the first Monday of
November, and that the electoral vot-
ing and the congressional counting
would be moved up just one year.
Then another congress would be In
session, and a house deadlock would
hardly be probable.
It Is odd that some eminent author
tiles In congress have asserted in years
gone by that the secretary Of state, OF
his cabinet successor, would serve out
the four year term acting as presi-
dent" An inspection of the debates
of the constitutional convention shows
that there was no intent In that body
that any person reaching the presi-
dency by any route laid out by con-
gress should serve full term. Ran
dolph OF Virginia moved that congress
provide for succession in the event Of
the death. disability or removal of the
president and vice president. and such
officer as was selected Hereunder
should serve until the time Of elect
ing a president shall arrive" Mad
ison opposed that part of 1t. saying
that 1t would prevent congress from
filling q vacancy by an intermediate
election. He therefore moved ar
amendment providing until such dis
ability be removed or a president shall
be elected" That amendment be
came a part of the constitution, and
was incorporated in the succession ACT
Of 1892 as well as in that Of 1887.
When a cabinet officer succeeds &c
the presidency what will he be called
The constitution does not say that hi
shall become president. Would we. II
. the face OF that omission call him