The news scimitar. (Memphis, Tenn.) 1907-1926, 1920-03-03
When Is a President Disabled?

Bills now pending in congress aim
to supplement the clause Of the consti-
tuition which provides that in the event
of the inability or disability" of the
president, the presidential duties shall
be assumed by the vice-president, The
constitution fails to say who shall
judge whether or not the president is
able to perform his functions.
President Wilson's illness, Of course,
served to bring the question up. But
the activity of congress concerning the
matter implies no disrespect to the
president" says the Boston Herald
lind. Rep), for Temporary disability
is a possibility which lies before all
men, and presidents are not exempt
from it." In fact, the most discussed
tives Fess, of Ohio (Rep) which pro-
poses to amend the constitution, and
as Mr.. Fess points out, the amendment
could not possibly be adopted before
President Wilson's term expires. The
Louisville Courier Journal (Dem.)
agrees that 'it will be well if the in
terest thus aroused shall not lapse be-
shall be inteligently and fairly filled"
and the Cincinnati Commercial Tribune
(Rep.) adds: Certainly the present has
indicated future responsibility. The war
taught us the value of preparedness,
The time to prepare is before it hap
pens"
The Minneapolis Journal (Ind. Rep)
supports the Tess bill, which proposes
that the fact of disability be declared
by the supreme court, after which a
concurrent resolution of congress would
authorize the president to act
The Journal admits that ito put such
an amendment through would take
time but all other avenues of action
seem pretty effectualy blocked" Leav-
ing the determination to the supreme
court is approved by the Seattle Post
Intelligencer Qnd. Rep.) for IF par
tisan majority should happen to con-
| troll congress- it is in3onceivable that
Such an amendment appeals also to
the Wichita Eagle Qnd), Ito fore
! stall any possibility of the nations ever
being ruled by mad presi-
dent, as England was ruled by a
mad king in the days of the American
| revolution and at many other times. "
But the Eagle thinks good taste and
| common decency" are offered by, urg-
| ing the measure at this time.
Many do not agree that a constitu.
| tonal amendment Is needed at all, and
to meet such opinions bill has been
| introduced by Representative Rogers
of Massachusetts (Rep), accomplish
ing the same ends by a simple act OF
congress. LAS II is merely a matter OF
procedure, a statute would seem to be
sufficient" in the view of the Sar
| Francisco CInd) and the Spokane
| Spokesman Review lind. Rep.) thinks
that there seems no need of resortne
to the slow and cumbersome method OF
constitutional revision" There is
i doubt, however. as to thes propriety Of
bringing the supreme court into the
| question. The court, holds the Roches.
! ter Democrat and Chronicle (Rep
would be travelling outside of it's prop
err field of duty in removing the presi.
dent from office, even temporarily,
and the Peoria Transcript Qnd,) rea-
sons the question thus:
Disability involves a question Of
fact, not of law. The supreme court
has no machinery for the determination
of facts, and If that machinery were
supplied it would not exercise judica
function in determining them. The
congress, however, is the legal and ira,
dtional Investigator of the government
for the purpose Of enforcing the constl
tuition. -. If the congress can MOI
be trusted to pass justly upon the
physical condition OF the president, the