Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1912-07-26
In Case OF Deadlock.
By A. W. Lafferty, member of Congress
from Oregon.

from Oregon.
1t is perfectly thrilling to contemplate
all the possibilities of the forthcoming
presidential election. The fact that three
formidable candidates are in the field, one
of them President and another former
President, in itself presents a spectacle
not heretofore witnessed in the history of
our country. But even greater interest is
being aroused by study of the constitu-
tional procedure in electing President
and Vice President in case of deadlock
in the electoral college, which now seems
to be very likely outcome of the bitter
contest to be waged.
No one has heretofore suggested the
very startling thing which believe will
happen in the latter event-namely, that
the 500 electors to be chosen November S
will call a convention of their own number,
and take the matter of breaking the dead
lock into their own hands.
In such event the electors may 60 out
side of the entire list of aspirants in choos-
ing both President and Vice President.
They may elect Champ Clark, Gov. Hadley,
Justice Hughes, Bryan, or any other citi-
zen who was born in this country and is
SO years of age.
The 500 electors to be chosen have the
absolute power under the Constitution to
elect whomsoever they please. True, by
custom they are supposed to vote for those
candidates who were the nominees of their
respective parties. But they are neither
bound by any law nor by the Constitution
to so vote. And if ii shall be apparent
the morning following the forthcoming
election that no one would have majority
in the electoral college. granting that the
votes of the electors are cast in the usual
way. there will then be no reason, moral
or legal. why the electors should not hold
caucus in advance, and decide upon a
President and Vice President.
There cannot be the slightest doubt but
that conclusion solemnly reached in such
convention. composed Of body of lead
ing men of the country, equal in number
to the combined membership of the Senate
and House, would be carried out in good
faith by the electors when they return to
their several States to cast their official
votes.
Heretofore the electors have never taken
the course here suggested in case of a
deadlock in the electoral college. But it
was because one party or the other was
dominant in the House of Representatives,
and the electors in the dominant party
knew that by failing to relieve the dead
lock in the electoral college their party
would prevail when the election was thrown
into the House.
At this time. however, the situation is
entirely different II the 500 electors fail
to choose President and Vice Presi-
dent, under the Constitution the duty will
devolve upon the House of Representatives
to elect the President. and upon the Sen
ate to elect the Vice President And it is
certain that the House would be unable to
elect President, and il is very doubtful
if the Senate would be able to agree upon
Vice President. In case of both bodies
failing to elect. the Secretary of State would
succeed to the Presidency for four years,
and in case of his death he would be sue
ceeded by the other cabinet officers in the
order fixed by law.
"a -. 81. 4.
able that the pressure Of public sentiment
will be brought to bear upon the 500 cleo
tors to take the job into their own hands,
If there is deadlock upon the face of the
election returns.
The reason why the House could not
elect President is that the Constitution
requires that candidate to be elected by
that body must receive a majority Of all
the States II is the present House that
would have to act. and not the House to
be elected in November. which is not or
ganized until the 4th of March. In the
present House the Democrats have %
States and the Republicans have % States.
In the other four States the delegates are
equally divided, and they could not vote.
as the Constitution puts the unit rule on
the States. Ii would require the votes OF
rs States to elect. there being total Of
48 States. and neither party could muster
over % States.
In the Senate the Republicans have a
majority. but the regulars and insurgents
would have to vote together to make that
majority. II is practically certain that the
insurgent Republican senators would not
vote for any candidate for Vice President,
who under the circumstances would be-
come the President for four years, who
would be agreeable to the regular Repub-
licans. Therefore. ii Is fair to assume that
no election would result in the Senate
In this connection il is interesting to
SUGGEST another possibility under the Con-
stitution. in case of deadlock and that is
a means whereby President Taft could
perpetuate himself in Office for four years
more. il the electoral college and both
Senate and House should fail to elect. He
could resign as President prior to March 4,
have Vice President Sherman appoint him
Secretary of State and upon March he
would become acting President for four
years. Il would likewise be within the
power of the President to name any other
person of his choice for Secretary Of State.
in place of the incumbent, to succeed TO
the Presidency in case Of all bodies falling
10 elect
Taken altogether, the situation is very
interesting TO the people Of the country