The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-11-12
HOW TANGLES OVER THE
PRESIDENCY ARE SOLVED

To the Editor of The Age-Herald:
The election of November Z, 1916,
brings out many interesting questions
of how our President is elected, espe
cially where the vote is close. Cases
can be thought of where the vote in
one state will determine the election,
and the vote in such a state can be so
close that contest could be brought
i, on where momentous issue is at stake.
! 1t is of interest to know how such mat
tiers would be handled. Then, too, in
the event the democratic and republican
nominees should each receive 265 votes
and the socialist or progressive nomi-
nee should receive one vote, how is the
election of a President made?
Before the twelfth amendment to the
federal constitution, which was pro-
claimed by the Secretary of State Sep
TENDER %, 1904, the historical Jeffer-
son-Burr controversy arose. This
amendment was intended to prevent
recurrence of such a contest and also
to perfect the election of our President
and vice president. Before this amend
ment the vice president was not voted
for direct. 1t was declared that after
the election of a President, the next
person then having the greatest num-
Der of electoral votes shall be the vice
president. This was the procedure I'M
der article 2, section 1. Under the
twelfth amendment the electors meet
in each state and vote by ballot for
President and vice president" make
up their vote by lists as provided, each
elector signing and certifying thereto.
These lists are sealed and sent to the
president of the Senate, who opens
them in the presence of both houses.
The person, for President, having the
majority of the whole number of cleo
tors appointed, is declared elected
President. Where neither has such a
ma jority then from the persons hav-
ing the highest numbers not exceeding
three on the list voted for as Presi- !
dent, the House shall choose by bal
lot" In that event the vote is taken by
states, each state having one vote
There is provision as to what con-
stitutes a working quorum. "a majority
of all the states shall be necessary to
a choice" The vote of a state Is given,
then, as unit, but is arrived at
through the votes of itSrepresentatives
in Congress, not in separate caucus OF
each state, but upon roll call of the
House.
Should the House then fail to choose
a President before March next follow
president shall act as President as
case of the death or other constitutional
disability of the President. The per-
son voted for by the electors for vice
president is elected if he receives ma
jority of the whole number of electors
appointed. Should there be no such ma
iority, then from the two highest num-
bers on the list, the Senate shall choose
the vice president" A quorum is pro-
vided for and a majority of the whole
number of senators is necessary 1or
choice of vice president. 1t Will be op-
served, therefore, that the Rouse IN
absence of a majority of electoral votes
can select the President. Failing IN TINS
as above outlined the vice president-elect
becomes President Should there not be
a majority of electoral votes for any
qualified person for vice president, then
the Senate of the United States elects
him. Thus it will be seen the Senate
can actually elect President OF the
United States under certain cifeum-
stances. -
After the adoption of the twelfth
amendment little difficulty was encoun-
tered in the election of our Presidents
until the memorable Tilden-Hayes cleo
ton in 1876, which came close 10 au
armed conflict. In that election
further defect in the law was emphasized.
Mr.. Tilden received 1S4 unquestioned
electoral votes, while President HAYS
had 165. There were 20 votes open TO
question scattered in the states of South
Carolina. Florida. Louisiana and Oregon.
,, Hayes had to receive all OF these "
! doubtful votes to be elected. Tilden only
one. There ensued the bitterest hight In
Congress, which named joint commit
tee to draft bill providing for an cleo
toral commission of 10 members, nVe
each from the House, the Senate, and
the sunreme court The Senate was re-