New-York tribune., 1912-08-29
Tie In the House.

II is pointed out that in case Wilson
should not obtain a majority over both
Taft and Roosevelt the House OF Repre-
sentatives would be called upon to elect
n President on the second "Wednesday
OF February Each state would have
one vote. and the result would be: For
Wilson. %; opposition, q; divided. =
Maine. Nebraska. New Mexico, and Rhode
Island. Necessary TO o choice, =. Only
Taft, Roosevelt and Wilson could be
voted for obviously neither Taft nor
Roosevelt would have a chance. Wilson
would have to win over three non-Demo-
cratic states-a virtual impossibility The
House of Representatives. therefore,
would be unable to elect a President. The
editor continues;
Meanwhile the Senate, acting under the
same provision Of the Constitution, would
be engaged IN choosing a Nlce-fTssluent,
since Marshall necessarily would nave
failed to obtain q majority In the Eltc-
toral College, in common with wilson.
Choice would be restricted TO the two
persons who had received the larsest
number Of electoral votes-Ma<sh2h
surely and Sherman probaDiy-and lhe
Senators would vote individually instead
of by states, az in the House OF Rep-
resentatives Forty-nine votes would be
required TO elect The Senate IL now
classified politically as follows: RcpuDn-
cans 20; Democrats, A; vacancies, 2 The
vacancies Will be filled presumably by the
legislatures of Colorado and Illinois In
January. Apparently, therefore, the Re-
publicans would have surely one anu am
for the election OF Eice-President, VINO
would become President on the fth OF
March. This seems to mean thaS IN
the event OF Wilson falling 10 OBTAIN
26e electoral votes. Sherman would sue
ceed Taft.
But here enters another factor. The
Republican majority In the senate If not
only scant, but also nominal rather than
actual Promising that both Illinois and
Colorado return Republicans. the total
Republican vote would be 81 II for any
reason four OF these Senator'S should ab-
stain from voting, the , nate would De
unable to elect a Vice-President. NOW,
IL ~ quite conceivable that Roosevelt
might consider 1t advisable to prevent
the election Of Sherman. III So IL "oulh
be most surprising II four out OF the So
called insurgent Senators-DiNon, CIapp,
Bourne, Works, Borah, Poindexter and
the two new Senators from Colorado ana
Illinois-should refuse 10 act IN conform
ity with his wishes, especially IN view
of the position which Sherman holds In
tionary. Precedent for their refraining
from voting il found In the abstentlon
of the Vermont and Maryland Federalist
members OF the House, whose refusal to
vote gave the Presidency 10 Jefferson
in 1900.
But the question arises Immediately:
What, aside from their disappfoval OF
Sherman, could be the motive OF Roose-
welt and his adherents In preventing the
election Of a Vice-President under cir
cumstances which would constitute him
President for four years? A possible
answer is to be found in the law OF
succession (Chapter " of the acts OF
the 49th Congress) which provides that:
I'm case Of the removal. death, reslgna-
ton or inability Of both the President
and Vice president, then the Secretary Of
state shall act as President until the dis
ability of the President or Vice President
Is removed or until President Is elected.
The acting President must, upon
taking Office, convene Congress. II not at
the time In session, In extraordinary ses-
sion, giving twenty days notice"