Evening capital news. (Boise, Idaho) 1901-1927, 1912-11-05
Oluset. Peabody & q,

votes; the three divided delegations
| have 20 votes
If neither candidate is able to mus
ter 266 votes-confessedly a large task
with three men like Taft, Wilson and
Roosevelt runLing-it Is certain that
there will be some desperate maneu-
vering between election day and the
day when the electoral colleges meet
If Taft and Roosevelt together have
enough electors to win by uniting
them for one man. will that be con-
sidered? Are the Republicans apt to
throw their strength to Wilson rather
than to see Roosevelt get into the
White House again? Would the Pro-
gressives rather throw their strength
to the party they lately left than to
throw the election into the house?
Could the peacemakers induce the Pro-
gressives and the Republicans to COM
pose their differences and unite once
again? These are questions that are
being asked. 1t Is asserted in some
quarters that the Republicans and
Progressives might make a deal to set
tie the matter in the electoral colleges,
either by calling national conventions
or otherwise.
The Succession Law.
But this is scarcely probable, since
the Republicans have everything to
gain and nothing to lose, by sitting
tight should deadlock occur. Prac-
tically every political writer in the
country has fallen into error concern
ing the succession in the event that
the senate and house both fail to
choose, and the secretary of state be-
comes president. The succession law
Of 1886 says that in certain events the
secretary Of state shall act as presi-
dent, and If he is not able to do so,
the succession shall descend to the
other cabinet officers in order. 1t
provides that he shall "serve until
such disability is removed or a presi-
dent is elected" 1t further provides
for the calling together Of congress i'm
mediately after the succession, If it be
not then in session, and practically
every authority has assumed that the
converting of congress is provision
for the authorization of a special cleo
ton to fill the vacancy.
The proceedings of the constitu-
tional convention indicate that this
was exactly what was intended by the
constitution makers. When the con-
vention took UP that proposition, 1t
was proposed that "such officer shall
act accordingly until the time OF elect
ing a president shall arrive" The doc
umentary history of the constitution
says that thereupon "Mr. Madison OBJ
served that this, as worded, would pre-
vent the supply of the vacancy by an
intermediate election of the presi-
dent, and moved to substitute-'until
such disability be removed, or a presi-
dent shall be elected Mr.. Governeur
Morris seconded the motion, which
was agreed to-" The account then
adds that some objected to the sub
stitute because according to the pro-
cess established for choosing the exc
cutive, there would be difficulty in
effecting 1t at other than fixed per-
iods,' but that on the motion OF Mr..
Randolph, the substitute was passed,
New Jersey, Pennsylvania, Maryland,
Virginia, South Carolina and Georgia
voting for it, and Massachusetts,. Con-
necticut, Delaware and North Carolina
against it.
The Act Of 1892.
Further color is lent to this idea by
the fact that the succession act of
1892, framed by a congress in which
sat large number of those who had
helped frame the constitutional clause
ITSELF provided for an intermediate
election. When one reads the success
sion act of 1885 with these facts in
mind, he concludes that the provision
requiring the converting of congress in
the event of a cabinet succession, is
made for the purpose of having the
machinery for a special election pro-
vided. 1t would seem beyond all ques-
ton that that was the purpose of the
constitution.
But when congress, in 1886, passed
the succession act, it ignored these
things. A careful reading of the COM
mfttee reports on the bill and the de-
bates in the senate and house show
conclusively that they ignored the
Madison Morris idea and intended that
there should be no special election 1t
was specifically declared by Senator
Hoar manager OF the bill in the SEN
ate, that it was not intended that
there should be any intermediate cleo
tions. A number of senators intro
duced amendments to continue the
special election provision Of the sue
cession act Of 1892. out these were
voted down. When the bill. which was
passed by a Republican senate. went
to the Democratic house, 1t met the
same objections there. A number OF
Democrats and Republicans offered
amendments to re-enact the special
election clause Of the act Of 1892,
among them William Mckinley. after
ward president. but they were uni
formly voted down.
Therefore. II there should be a.
deadlock as a result Of today's cleo
ton, nothing could prevent Philander
c. Knox from becoming president for
full term Of four years except SUI
preme court decision declaring uncon-
stitutional that part Of the law Of
1886 which fails to provide for spe-
cial election. But even this would
barely be possible, since such action
would precipitate chaos and bring