Evening star., 1920-02-19
|%EkLAW IN CASE
Of I'LL PRESIDENT
Proposals in House Intended
to Secure Definite Proceed
ure in Emergency.

Three proposals have been made in
of procedure in case the President is
incapacitated from performing his Of
! fetal duties and to make supple
mental constitutional provision for
such an emergency. The proposed
action resulted from President Will
sons protracted illness and attend
Lansing episode laid stress on the
fact that the President was unable
to function as a member OF the re-
publican steering committee tersely
put it.
Would Let Cabinet Decide.
The Presidents cabinet would have
full power Of determining the Presi-
dents fitness to hold Office after being
! unable to perform his duties for six
consecutive weeks, under bill intro
! duced today by Representative Madden.
republican. Illinois.
In Offering the bill. which. If enacted.
would not become effective until March
4. next, Mr.. Madden declared that Presi-
dent Wilson had established a precedent
| in stating that cabinet meetings could
not bc held in the absence or inability
of the President. and that it was neces-
sary to find short cut out of the maze
of uncertainty relating to the transfer
of duties.
The bill provides that whenever the
President shall be unable for six con-
secutive weeks to perform any or all
the duties devolVing upon him., the
. question of his inability shall be made
| the subject Of an open official inquiry
by members of the cabinet, who shall
be called together for such purpose by
the Secretary Of State.
! Should a majority of the cabinet
after full inquiry determine that
the President was suffering such
degree of inability, whether due to alb
sence from the country or to physical
or mental affliction as to render him
| incapable of performing the duties of
| his Office. the bill provides that they
shall formally declare his inability
said office" whereupon the Vice Presi-
dent shall Immediately assume and
exercise such duties until such time
as the disability of the President
| shall be declared removed by the same
Cabinet"
resentative Simeon D. Fess of Ohio.
chairman of the republican congress
Sional campaign committee, and by
Representative John J. Rogers. re-
publican. of Massachusetts. member
of the foreign affairs committee.
Took Form Of Resolution.
The first proposal was in the form
amendment, proposing to have the
Supreme Court determine the ability
of a President to discharge his du-
ties whenever authorized by a con-
current resolution of Congress. If
Congress was not sitting when the
emergency arose. the Vice President
would be authorized to call a special
session.
"Unless the Constitution expressly
states that Congress shall be the
judge of the disability of the execu-
tive" Mr.. Fess said. 'it is argued that
it cannot safely be allowed by infer
ence; especially would this be true
where the two departments might belong
to different political parties.
The uncertainty of the constitu-
tional question would strongly argue
the wisdom, II not necessity, Of an
amendment pointing the way out OF a
possible embarrassment"
Same Procedure Outlined.
Virtually the same procedure was
outlined in q bill introduced BY Rep
resentative Rogers, and referred to
the judiciary committee along With
| the Fess resolution.
It would provide that the Supreme
Court on the request Of the Senate or
House should determine whether tthe
I President "is unable to discharge the