The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-01-28
A LAPSE IN THE LAW.

Prior to the election there was good
| deal of discussion about what might
| happen in case The election was thrown
into tho House of Representatives BY
reason Of the electoral college not hav.
| ing q majority for either candidate.
That discussion proved to be wholly
needless. since there was never an eloc,
tion which had less likelihood of going
to the House Of Representatives than
the ono that We have Just passed
through.
And now that that discussion is
ended, another is sprung which il is
hoped will also be needless. but which
is really Of Importance as showing
lapse in the law that might at any time
bring us into a serious condition. It is
suggested that if the President-elect
and Vice Presideut-clect were both to
die between the casting Of the electoral
vote and inauguration day, the United
States would be without an executive
head for tho neXt four years. And il is
pointed out by the Cleveland Plain
Dealer, which springs this question,
that there is nothing in the Constitu.
tion to cover such an unlikely
emergency
If the death should occur prior 20 the
second Monday IN January, when the
Presidential electors meet in the various
State capitals TO cast their votes. they
could by correspondence or By guidance
of the National Democratic Committee.
elect President and Vice President in
Constitutional way. But If the death
| should occur between the second Mon
day in January and March 4th there
IS an absolute silence in the law as 10
what should be done. This is silence
that ought not Go be allowed TO con-
tinue. The Judiciary committee Of the
House has reported favorably on a Sen
ate resolution which vests in Congress
the right to designate President in
the event of both President. elect and
Vice President-elect failing TO qualify
| after the final action Of the electoral
college, This resolution is properly
taken TO be a recognition of the i'm
portance OF providing for such a en-
lamity as might possibly happen.
But it does not seem 10 ms that that
IS the right way 10 get at the election
OF President and Vice President in case
Of such calamity TO the Nation as the
death Of the President and Vice Presi
dent-clect between the time Of their
election by the electoral college aud
/ Inauguration day As We have sug.
gested many times heretofore. the elec
| toral college ought TO meet as = body In
the National capital. and there do its
ONCE of elccting the President and Vice
| President: and the electoral college
| should be made a permanent BODY. con
tinuing until n new electoral college is
! elected every fourth wear. Whenever
there l. vacancy in the Office OF Presi-
dent. the Vice President succeeds. The
electoral college should thcu be called
30 meet and elect another Vice Prssl.
dent; and so iu case ol the death OF
Vice President the electoral college
should meet a body aud fl the "a
eaney.
The great trouble in at this matter
i D. what seems 90 be an irresistible de-
sire on the part OF politicians 70 get
away from Constitutional methods and
/ % provide some other method Of pro.
cedure that would pass constitutional
scrutiny without quite meeting the
/ spiut of the Constitution. Everything
would be provided Tor fully and Consti.
iutionaily by making the office Of Presi-
Dental eleetor a continuous Office, the
electors holding for four years and IN.
tn their successors are elected aud
qualified The electoral college IN that
case wouid be a standing body, ready 10
assemble on short notice and repair any
/ "a ar,i.-1s h. a,n.L l-na..- -