South Bend news-times. (South Bend, Ind.) 1913-1938, 1921-03-13
new CONGRESS MAY
Fix DISABILITY OF
? CHIEF EXECUTIVE
Recent Illness of FOrmer
Prest Wilson Causes Tess
TO Take Lead.

WASHINGTON. March 12-Now
that woodrow Wilson no longer ia
in office and there can be no charge
that in passing o presidential dis
ability act IL is aimed at him. one
OF The first moves in the new con-
gress that will be convened in April
viii DO 10 take up the subject Of
what constitutes presidential dis
ability-in other words as to what
constitutes such disability as TO rem
/ der president incapable OF per
forming the duties Of his Office.
Rep. Simeon ID. Fess Of Ohio.
chairman OF the republican national
congressional committee. will take
the lead in the matter on the first
day OF the session. just after the
house convencs. ne viii Introduce
resolution the purpose Of which will
be to forever establish. a method OF
determining what constitutes prcsi-
dental disability. His resolution
will provide for an amendment to
paragraph FIVE. section one, article
two Of the federal constitution by
adding the following language:
said disability 10 be determined
by the supreme court when author
lied Dy concurrent resolution Of
congress The vice president IS au-
thOrized 20 call congress into special
Session for this purpose upon recon-
blendation OF the cabinet"
May Change Article.
The article which Chairman Fesk
proposes 10 amend is the one that
provides for a vacancy in the office
Of president when any one OF the
following conditions arise:
In case Of removal OF the presi-
dent from office. or his death, resig-
nation or inability to discharge the
powers and duties of the said Office
the same shall devolve upon the vice
|rSaTesident. and the congress may by
y law provide for the case of removal.
death, resignation or inability both
Of the president and vice president,
declaring what officer shall then act
"a president, and such officer shall
act accordingly until the disability
be. removed or the president shall be
elected.
Chairman Tess declared today
that there is every reason in the
world why congress should now pro-
coed to clear up this question 90
presidential disability.
Can Proceed Without Fear.
1T can no longer be charged
said he. las it was charged last year,
sf,a4 Il, -..lrf,,e, 20 Hr1 On so1,,tfcr, NO
have no other purpose than TO slap
Woodrow Wilson in the face. Mr..
Wilson is now eliminated from the
equation and congress should pro-
coed to esta blish rule of ascCr-
tanning presidential disability that
will Dc protection TO the nation
throughout all time TO come"
A considerable element Of the
leadership In congress believes wit
Fcss that the supreme court is the
proper tribunal to determine when
president is inCapaCitated beyond
the possibility of performing his du-
ties, but there il in evidence on all
hands a determination 20 hedge i'm
that grant OF power 10y providing
that the supreme court shall not put
the machinery in motion until or
dered TO do SO by concurrent reso-
xshuOn OF congress. Various other
~ forms OF solving the problem will bo
proposed and Rep. Macarthur OF
Oregon viii offer an amendment
providing that absence from the
country for thirty days or longer
shall incapacitate a president and
take away his executive powers.