El Paso herald. (El Paso, Tex.) 1901-1931, 1912-11-05

passed. New Jersey, Pennsylvania
Maryland, Virginia, South Carolina ana
Georgia voting for it. and Massacnu-
sets Connecticut. Delaware and North
Carolina against It,
Further color is lent to this idea. BY
the fact that the succession act OF 1872
framed by a congress in which sat a
large number Of those who had helped
frame the constitutional clause itself,
provided for an intermediate election.
When one reads the succession act OF
1856 with these facts in mind, he con-
cludes that the provision requiring the
converting of congress in the event or
q cabinet succession, is made Tor the
purpose of having the machinery for a
special election provided 1t would
seem beyond all question that that was
the purpose of the constitution
No Special Election.
But when congress, in 1885, passed
the succession act, IL ignored LAeSF
things A careful reading of the com
mittee reports on the bill and the de-
bates in the senate and house show con-
cIusiveIy that they ignored the Madl-
son-MOrris idea and intended that there
SHOULD be no special eIecuon- II was
specifically declared by senator Hoar,
manager Of the bill in the senate, that
it was not intended that there should
be any intermediate elections A num-
Der Of senators introduced amendments
to continue the special election proyls-
ion Of the succession act OF 1tS1, bul
these We're voted down
When this Dill, which was passed by
a Republican senate, went to the Demo
cratic house, it met the same objections
there. A number OF Democrats ana H.e-
publicans offered amendments to re-
enact the special election clause Of the
act of 1892. among them William Nc
Kinley, afterWard president but they
were uniformly voted down
Knox Would Serve Fail Term
Therefore, if there should be dead
lock as a result OF IoQay elScliOtI'
nothing could prevent Pnllander e.
Knox from becoming president Tor a
fun term Of four years except SUI
preme court decision declaring uncOn-
stitutiOual that part Of the law Of 1896
which fails to provide for special
election. But even this would barely
be possible since such action would
Drecipitate chaos and bring about site
uatiOn as threatening as the Hayes
Tilden contest
Nor is il probable that the supreme
court would even be asked to pass upon
the constitutionaIity of the law, since
I both parties had an equal hand in It's
making. It was originated by Re
publican senate cOucurred in by a
Democrats house. and approved by a
Democratic president
Would Hold Two offices.
1t may wei be termed mystery why
{ congress skated on such thin cOnstitu-
tiOnaI ice when it entirely disregarded
/ the meaning Of the provision Of the con-
stitution providing for the succession,
i when AIadisOu's amendment was intro
+ duced for the very purpose Of prevent
ing such a course.
I There was some difference Of Opin-
! ion disclosed in the debate on the sue
I cessiOn act as to whether the secretary
/ of state, acting as president, could ap-
: point another secretary Of state Some
I urged that he was only eX-OfficiO pres
/ ident and that he would have to con-
tinue TO act as secretary Of state or his
I successor might say to him You, sir,
I are no longer secretary OF state and
: therefore no longer acting president
/ The office is now mine,
TOmOrrOW-Ele lection Returns