Evening journal., 1912-08-28
NEW NEWS OF YESTERDAY
Two Questions That Puzzled
Senator George F. HOar
BY Holland

While General Chester A. Arthur
was President he was especially in
terested in the efforts which we're
made by Senator George Il. Hoar of
Massachusetts, the leading member
Of the judiciary committee of the
Senate. TO change the statute which
provided that in case there were a
vacancy both of the presidency and
vice presidency then the President
pro tempore of the Senate, or. If there
were none, the Speaker of the House,
would succeed to the presidency.
Senator Hoar. after long and deep
consideration, drafted a bill. which
became a law, providing that in case
Of vacancy of both presidential and
vice presidential Offices, then the
Secretary of State or, If he were in
eligible the Secretary OF the Treasury
and so on through the entire cabinet,
would become President.
One Of the most intimate of Presi-
dent Arthur's personal friends told
me that Arthur himself had strongly
urged upon Senator Hoar the neces-
sity OF providing a different method
for the presidential succession than
that which had prevailed from 1900
until 1881
1T is a piece Of inside political
history" said this friend Of General
Arthur, that Arthur shortly after he
became President, on Sept 10. 1881.
was in communication with Senator
Hoar The situation was without any
precedent. For the Senate had ad-
iourned in the Spring without elect
ing a President pro tempore and the
House of Representatives would not
elect a Speaker until December.
! Therefore, If President Arthur had
died before December the situation
would have been chaotic. Senator
Hoar strongly urged President Ar
thur to summon the Senate into ex-
traordinary session as soon as posi-
Bile so that il could elect a President
pro tempore. This was done, and
David Davis OF Illinois was elected
Senator Hoar's study Of the ques-
ton caused him for the first time in
his career to realize that a very dan
gerous gap had been left by the franz
ers of the Constitution between the
presidential election in any given year
and the presidential Inauguration. OF
this he spoke several times to Presi-
dent Arthur. For instance. Senator
Iioar said, suppose both the President
elect and Vice President-elect were to
die between the meeting Of the cleo
toral college and Inauguration, how
would the gap thus left be filed?
Then, again. during Gareld's illness
there we're times when he was abso-
lutely incapable of performing any
official act. Supposng a man Of a diff
ferent type than General Arthur had
been Vice President; under the law.
had he been notified that Garfield was
disabled completely. he would have
been justified in assuming the duties
of the Office But II he did who was
TO decide later on whether the Presi-
dent had recovered from his dissbil-
! ity? In fact who was TO decide
| whether the President we're complete
| ly disabled / have heard It said the
Supreme Court would. but I have
reason for believing that the court
would have held that II had no jur-
isdiction
President Arthur would have been
very glad had Congress passed a re-
solution providing for an amendment
to the Constitution which would make
impossible any gap between election
and inauguration due to death or dis
ability Of both President and Vice
! President-elect He woold also have
been very glad had Congress speci-
fed by statute by what authority a
President could he declared to be suf-
fering from complete inability 90 per
| form the duties Of his Office
Senator Hoar, however, was Of the
! opinion that a great step would be
taken in the direction of meeting these
| possible emergencies If Congress
were to altar, as it could do by stat
ute, the method Of succession to the
presidency After the Hoar bill be-
came a law, the Senator began a very
careful study and consideration of the
other questions. He was greatly per-
! picked by them Various measures
which occurred TO him as possibly OK
pedient and satisfactory we're, upon
further thought. found to be made
duate AS time went on, Senator
Hoars attention was diverted to
other matters.
'In the latter years of his life he
sometimes said to his friends that he
hoped the day was not far distant
| when Congress would take up these
subjects and by constitutional amend
ment and statute remove the dang
ers. He was always Of the opinion
that the gap between presidential
election and inauguration might be
fraught with the gravest dangers"
That gap still exists.
Copyright. 1912. by T.. J. Edwards.
All rights reserved.)
Tomorrow Mr. Edwards will tell OF
''The Man Who Gave America Great
Grain Market"