Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-10-17

Ii is reasonable to suppose. however.
that should such situation arise the
provision in the
Would Act Only case of vacancies
Until an Election. from. from death, ,, re-
bilities would apply. In that event,
however. slr. Knox wouldHpnly "act as
PRESIDENT until special election could
be held He is required by the law
authorizing him to take up the reins
OF government. TO call Congress to-
Sether. If X is not already in session.
so that it can provide for special
election. How long it would require
for such an election to be held is hard
10 forecast In the first place. Con-
grcss would have to agree upon the
time and the terms of the election
Then time probably would have to be
allowed for another preconvention
canvass and another prediction cam
paign. 1t is very probable that under
these conditions the election would be
called for the usual Tuesday after the
first Monday in November, and that
the electoral voting and the con-
gressional counting would be moved up
would be in session. and a House dead
lock would hardly be probable.
Ut is odd that some eminent authori-
ties in Congress have asserted in years
gone ny tHstl tue secretary OF state, or
his cabinet successor. would serve out
the four-year term acting as Presi-
dent An inspection of the debates
of the constitutional convention shows
that there was no intent in that body
tEat any person reaching the presi-
dency by any route laid out by Con-
gress should serve full term. Ran
Golph of Virginia moved that Congress
provide for succession in the event of
the death, disability or removal of the
President and Vice President. and such
officer was selected Hereunder
should serve until the time of electing
a President shall arrive" Madison Op-
posed that part of it, saying that it
would prevent Congress from filling
vacancy by an intermediate election.
He therefore moved an amendment pro-
viding until such disability be re-
moved or President shall be elected"
That amendment became a part of the
Constitution and was incorporated in
the succession act of 1892 as well as
in that of 1887.
When cabinet officer succeeds to
the presidency what will he be called?
The Constitu-
What Shall Cabinet tion does not
Successor Be Called? shall s become
President Would we, in the face of
tndL OMISSION, call nlIl IIcSIueHt- H
does provide that he shall "act as Presi-
dent Will he be only MIR. Acting Pres1-
dent?
1t is interesting to follow the debate of
the constitutional convention concerning
the presidential succession. Elbridge
Gerry had opposed the assignment of the
/ duty of presiding over the Senate to the
Vice President, upon the ground that the
| President and the Vice President would
,,1tfv hat thxat- mi rrt
we'll make the President the presiding
officer of the Senate.
| Gov. Morris replied that then this would
| be the first time in history that an heir
apparent was fond of his father. One
! thought that the Vice President ought to
/ have something else to do besides wait
| ing for the President to die be re-
! moved, and that was why he favored
giving him the presidency of the Senate.
| The clause under which Congress has a
right to provide a presidential succession
comes from the Constitution prior to its
amendment. 1t provides that in case both
| the President and Vice President resign
die are disabled or are removed, Con-
gress may by law provide what officer
| shall then act as President. and such Of
| fcer shall serve accordingly. until the
disabi ity be removed, or a President
shall be elected.
No one yet has decided what shall con-
stitute ''disa bility.' Some assert that
| il ca mot occur until the President is Ger
| tainy no longer able to discharge the
duties of the office. However. why would
| it then say until the disability be re-
moved? Some assert that when Gar
| field was lying at the point of death his
| disability began when he was shot and
/ that the same was the case with Mckin-
/ ley.
! The first presidential succession act was
passed by Congress in 1892. 1t provided
that in the
First Succession event that
Measures Provisions go, Inc
| and the Vice President could not serve
the President of the Senate should
act as President. and that he, in turn.
was to be understuded by the Speaker
of the House of Representative This
provision was made in the law regulat-
ing the election of the President 1t con-
| tinued to be the law until the succession
| act of 1856 was framed.
| This latter act provides for the success
/ sion of the officers of the cabinet in the
| order of their rank down to and includ-
| ing the Secretary of the Interior. and
provides for the calling OF special cleo
ton. 1t limits the accession Of these Of
| ficers only to those who have been con-
| firmed by the Senate. who fill the eligibil-
ity specified tiOns of the Constitution and
| who are not under Impeachment
| The third term matter never figured
/ directly in the constitutional debates. al
! though as long there was any idea
that the President was to be selected by
/ Congress he was to be ineligible even to
| a second term. Some had proposed a
| term during good behavior and others
| had acceded to the proposition provided
| they could devise form of Impeachment
| or recall that would not be too difficult
| of being enforced. Others thought a
| seven-year term about right. Finally
| they decided on the four-year term with
| out any inhibition against reelection.
Washington declined third term because
| mai riotism did not forbid his LAYING dnun