Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1920-03-18
CONGRESS TO
CONSIDER PROBLEM
MAY FOREVER DETERMINE WHO
SHALL GUIDE SHIP OF STATE
WHEN PRESIDENT UNABLE

"Well / know the vice-president is
the one," said Jack in very excited
voice.
What's wrong with you kiddies
now" asked Uncle Ted as he broke
in ON the scene.
Ruth is trying to tell me who runs
the government when the president
is sick" answered Jack, "and l tell
her that / know the vice-president
So"
about that" replied Uncle Ted, "and
/ will tell you as much as / can to-
night. You see, the constitution OF
the United States says that when the
president is disabled, that is, when
he is unable to perform his duties as
chief executive, that the vice-presi-
dent shall take up the duties of that
office"
II knew l was. right" said Jack.
Very true, Jack, but the trouble
is that the constitution does not say
by what method, or when or where
the question is to bedetermineda as to
the presidents inability to perform
his work. The question is as old as
the constitution itself and has been
discussed at various times by the big
men of the day for the past 140 years
or more. But today congress has
made up its mind to settle this ques-
tion for all time to come. Already
the judiciary committee of the house
Of representatives. has been holding
hearings to discuss the four bills
which have been introduced upon
this subject. From these four bills
the committee will write what they
believe to be the best measure to
remedy this situation and thai bill
will then be presented to cong-ess
for vote"
who introduced the four bill3?"
asked Jack.
"They were introduced by Repre-
sentative Martin B. Madden, of Illi-
nois; Representative Simeon D. Fess
of Ohio; Representative John ].
Rogers of Massachusetts,; and Rep
resentative Clifton N. Macarthur OF
Oregon. All four of these men are
republicans, and they all have said
that their bills were not written and
aimed at President Wilson, but the
long sickness of the president and his
inability to do his work, of course,
makes the matter of great import
ance at this time"
what do the different bills say?"
asked Ruth.
Representative Modden's bill says
that whenever the president is unable
to perform his work for six weeks
the cabinet shall meet and determine
d, Oh
on with his duties. The supreme
court of the United States would de-
eide about the presidents ability, af-
ter 1t has been authorized to do so by
resolution of congress, under the
bill introduced by Representative
Fess. An amendment to the consti-
tuition to bring this about is called
for in the Tess bill. A resolution
from either the house or senate or
both would make il the duty Of the
supreme court to give decision as
to whether, as stated in the constitu-
ton, the president is disabled, under
the bill introduced by Representative
Rogers. Representative McArthurs
bill would fix things so that IL the
president was away from the United
States for thirty days or Ill, either
one would mean disability to act and
the decision would be up to the cab
met.
Representative Tess has made a
very careful study of this matter
and he says that in order to make 1t
possible for the supreme court to de-
eide this question an amendment will
have to be made to the constitution
giving the power to the court. Rep
resentative Rogers does not agree
with this theory He says that the
matter can be decided by the SUI
preme court by an act of congress.
He has also made very deep study
of this matter and when he appeared
before the committee he mentioned
many opinions which had been hand
ed down in the past by high authori-
ties. He mentioned the fact that
when Garfield was disabled for three
months the question of whether or
not an acting president should be put
in authority was discussed to great
extent but no action was taken. 1t
Is Mr.. Rogers view that the SUI
preme court shall be given the power
to decide when the real disability of
the president exists after 1t has been
requested to do so by a resolution
from either house of congress, and
that it should also have the power to
decide in the same way when the dis
ability is at an end"
Does the committee agree with
Mr. Rogers?" asked Jack.
''No, Jack. some of the members
of the committee objected because
they said the supreme court, as a
court. could not be asked to decide
this question on the request of con-,
gress. 1t is agreed by almost every
one interested in this question that
the vice-president has full power to
decide when the president Is disabled
and to take up the duties of the
president whenever he believes he
should do so. But, as Mr. Rogers
pointed out to the committee, no
vice-president has ever done this, and
II Is not likely that any vice-president
would be apt to do so in the future.
unless said Mr.. Rogers, the presi-
dent was in a mad house. and even
then doubt II he would
Representative Maddens bill