Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-10-30
NO CHANGE.
Continued from Page one.)

tiers that the Vice President would re-
cover, although the most optimistic
did not expect him to be in the chair
when the Senate reeonvenes. in De
cember
The absence of the presiding officer,
however. will give the Senate no new
problem to solve The bitter fight over
the election of IA President, pro tenn.
last session in an agreement to have
Senator Gallinger. New Hampshire,
Republican, and Senator Bacon, Geor-
gia. Democrat. alternate in the chair.
Just before Congress adjourned, Sen
ator Bacon was chosen to serve as
President pro TEN, until Dec 16, and
the understanding is that the rotation
with Senator Gallinger will continue
Indefinitely.
Students of constitutional procedure
and of the American electoral system
busted themselves, today, with inves-
tigation of the complications which
would arise should the Vice Presi-
dents Illness result fatally or compel
his withdrawal before the election.
No pfecedents were found covering
the situation of the withdrawal or
death of a Vice Presidential nominee
before the November election. mas
much as party procedure is not gov
erned by statute some of the parlia-
rnentarians said the party had the le-
gal right to handle the situation in
whatever manner it pleased. The opin-
ion was expressed that this would re-
suit in the national or executive COM
mittee selecting substitute eandl-
date and printing his name on the bal
lot in states where the tickets have
not already been sent to the press.
The discussion which arose over the
death of Horace Greeley. in 1872, was
recalled in the investigation, today,
His death occurred after the NoVem-
Der election, but before the electoral
colleges met to select a President and
Vice President The ability of electors
TO vote for others than those nomi-
mated by the party convention or
whose names had been printed on the
ballot was then demonstrated. many
Democratic electors voting for others
than Greeley. The Georgia electors
conceived it their duty to vote for
Greeley, although he was dead.
The Senate decided that the Georgia
vote should be counted but-4the House
voted that il should not. 1t is commended
that since Congress amended the manner
of canvassing the ballots in 1887 as
result of the Hayes-Tilden contest, votes
for a candidate dying between the NO
vember election and the meeting or the
electoral college ON the second MONDAY
in January must be counted by Con-
gress unless they are held to be votes
not regularly given" The law says
that no electoral vote or votes from
any state, which shall have been regu-
larIy given-from which but one return
has been received. shall be rejected.
The most seriously situation which
could develop. it is said would be from
the death of the choice of the electoral
college between the time the college vot-
ed on the second Monday in January and
the Inauguration OH March 4th The con-
stitution authorizes Congress to provide
by law for the devolution of duties of
President in case of removal death,
resignation or inability of a President
and Vice President, but does not declare
what officer shall act as President in
case of nothing unforeseen occurring to
the Presdent-elect or the Vice Presi-
dent-elect or expressly authorize ongress
to do SO. Some parlamentarians con-
tend, however, that Congress would have
power to act under the clause which
enables it to pass such laws as are neees-
sary and proper to carry into effect the
powers granted the federal government.
Should there be no election of a Vice
President by the electoral college and a
Vice Presidential candidate die subse-
quent to its voting, the selection would
be limited under the constitution to the
two candidates receiving the largest
number of votes. Should Vice Presi-
dental candidate who was one of the
two highest on the list, die, senators OF
his party might be required to vote for
the caedidate of the other party. Vice
President elected under such circum-
| stances would become President IL the
| electoral college and House of Repre-
sentatives had not elected candidate
| by March T.