The Dawson news. (Dawson, Ga.) 1889-current, 1912-10-25
WHEN NO PRESIDENT
HAS BEEN ELECTED.
From the New York Sun. F

In an article in the Independent
Mr.. Albert E. Pilsbury, formerly at
| torney-general of Massachusetts,
contends that in default of a choice
of president at the polls and in the
event of failure by the house and
senate to elect a president or vice
president each office will become va
cant on March 4th. Mr.. Pilsbury as
serts that it is a mistaken assump-
| ton that the presidential succession
act of January 10th, 1886, provides
| for such an emergency. What the
| law does is to provide that in case
of removal, death, resignation or in
ability of both the president and vice
president" the secretary Of state and
after him the other cabinet officers
in designated order shall become
president when vacancy occurs.
Mr.. Pisbury says:
The event which we are contem-
plating is neither removal, death,
resignation nor inability, but a va
cancy by failure to elect. The term
of Office of the president and vice
president is limited by the consti
tuition to four years, and runs from
the fourth day Of March, in virtue of
the fact that the congress of the ole
confederacy fixed that day for the
first Inauguration of President
Washington, whereupon it was
adopted into the law of 1892, which
is still in force (ReVised Statutes,
U. S., Section 1850, as the beginning
of the term"
On March 4th four years after
the presidents Inauguration his
term ends beyond cavil, and the
terms of his cabinet officers also end.
Mr.. Pilsbury's construction of the
presidential succession act does not
seem to be vulnerable. He stands
on the letter of the law, and congress
has given no consideration to the
possibility of a failure by the house
and senate to elect a president or
vice-president when it appeared that
none of the nominated candidates for
president had received majority Of
the electoral vote 1t may be OBJ
jected that Mr.. Pilsbury's problem is
merely academic and fantastical
Everybody, however, will allow that
the failure of the house to elect when
there are three or more candidates
in the field would not be very re-
markable in an age of presidential
primaries. But, it will be said as
the senate votes for only two candi-
dates for vice-president there would
certainly be a choice. There could
be no assurance of it if a group of
progressive senators held the bal
ance of power and were not them
selves united. The senate is not
large body, and a deadlock up to
March 4th is conceivable.
In such an event an ambitious
popular candidate might, if he had
the support of the ranking general
of the army, give the country anX-
ious moments. There would be no
president to summon congress in ex-
traordinary session to deal with the
emergency. The country would be
on the brink of chaos. There would
be no legal sanction for any solution
that any body of citizens might pro-
pose. 1t would be the opportunity
of a popular candidate if he were
man of blood and iron and devoid
of scruples.
Assuming that Mr.. Pilsbury's con-
struction of the presidential success
sion act is unassailable what means
is there of preventing the failure of
succession which he points out as
possible? There is of course the
remedy by constitutional amendment,
but short of that he sees in an i'm
pending emergency a way out by
taking advantage of the authorize
ton in section eight of article one
of the constitution, Ito make all
laws which shall be necessary and
proper for carrying into execution
the foregoing power Specific grants
previously enumerated) and all other
powers vested by this constitution in
the government of the United States
or in any department or officer
thereof" The prospect of the sus-
pension of presidential powers
through failure by the electoral col
lege and by the house to elect pres
ident and through failure by the SEN
ate to elect vice-president is plainly
case, in Mr.. Pilsbury's opinion, for
action by congress under the proyis-
ion of the constitution he invokes;
that is to say, for making a law to
carry on the powers vested in the
president.
No failure of the presidential sue
cession should be possible under any
circumstances, however unusual The
question raised should receive the
attention of congress at its next SEES
sion.