The Leon reporter. (Leon, Iowa) 1887-1930, 1912-10-31
Vice President Sherman Critically
Ill.

The serious illness of vice presi-
dent Sherman is reported from his
home at Utica, N. Y. 1t is reported
that the vice president has but a
short time to live, as his death is
certain to result within short time,
as he is afflicted with fatal disease
of the kidneys. 1t is stated in the
press dispatches that his death is
but the question of few days.
Students of constitutional proceed
ure and of the American electoral
system busted themselves with In
vestigation of the complications
which would arise should the vice
presidents illness result fatally or
compel his withdrawal before the
election.
No precedents were found cover
ing the situation of the withdrawal
or death of vice presidential nomi-
nee before the November election.
1nasmuch as party procedure is not
governed by statute, some OF the
parlimentarians said the party had
the legal right to handle the ,situa-
ton in whatever manner it pleased.
The opinion was expressed that this
would result in the national or
executive committee selecting sub
candidate and printing his name on
the ballot in states where the tickets
have not already been sent to press.
The discussion which arose over
the death of Horace Greeley in 1872
was recalled in the investigation.
His death occurred after the Novem-
Der election but before the electoral
college met to select a president and
vice president. The ability of cleo
tors to vote for others than those
nominated by the party convention
or whose names had been printed
on the ballot, WAS then demonstrat-
ed, many democratic electors voting
for others than Greeley.
The Georgia electors conceived it
their duty to vote for Greeley, al
though he was dead. The senate de-
cided that the Georgia vote should
be counted, but the house voted that
it should not. 1t is contended that
since congress amended the manner
of canvassing the ballots in 1887, as
a result of the Hayes-Tilden contest,
votes for a candidate dying between
the November election and the meet
ing of the electoral colleges on the
second Monday in January must be
counted by congress unless they are
held to be votes not ''regularly
given.'
The law says that mo electoral
vote Or votes from any state which
shall have been regularly given
. from which but one return has
been received 9 I" shall be reject
ed"
q - ok ea~ cSk ~S,l@
develop, tits said, from the death OF
a choice Of the elector college be-
tween the time the electoral college
voted on the second Monday in jan
uary and the Inauguration on March
A. The constitution authorizes con-
gress to provide by law for the devo-
luton of the duties of president in
cases 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 anything unforeseen occurr-
ing to the president-elect or the vice
Nor does it express
ly authorize congress to do so. Some
contend however,
that congress would have power to
act under the clause which enables
it to pass such laws as are neces-
sary and proper to carry into effect
the powers granted the federal gov
ernment.
Should there be no election of a
vice president by the electoral COL
lege, and vice presidential candi-
date die subsequent to their voting,
the selection would be limited to the
two candidates receiving the largest
number of votes under the constitu-'
ton. Should vice presidential can
didate who was one of the highest
On the list die, senators of his party
might be required to vote for the
candidate of the other party. A vice
president elected under such circum-
stances would becomes president if
The electoral college and house of
representatives had not elected a
president by March 4.