Evening star., 1924-08-17
DECLARES HUGHES
|. may Be PRESIDENT
Fess Cites Law of 1886 as
Providing for Succession
of Cabinet Officer.

dent. In statement issued last night.
IN MS opinion, should the election be
thrown into Congress. the situation
In the House and the Senate, divided
as Is the membership Of those bodies
between Republicans, Democrats and
frogreSsives. may result finally in
Secretary Hughes being promoted to
the Presidency under the law of 1866
providing for succession to the Presi-
dency
Under the original plan adopted
by the trainers of the Constitution"
Senator Fess said in his statement,
1t was provided that the candidate
receiving the highest vote should be
President and the next highest Vice
President. This involved under our
two-party system a President of one
party and a Vice President of an
other. In case of tie, as in 1900,
between Jefferson and Burr, the de-
cision had to be made by the House.
An amendment was adopted In 1904
to correct this error. 1t provided
that in case of failure of an cleo
ton OF President by the electoral
college. the decision on the Presi-
dency would go to the House, which
would vote by States, each State
given one vote, and the choice must
be limited to the three highest can
didates. II the college falls to elect
Vice President, the Vice Presidency
goes to the Senate, to be chosen from
the two highest candidates.
Low Candidate Won.
"In the election of 1925. four candi-
dates were before the people. Jackson,
Quincy Adams, Crawford and Clay.
The latter receiving the lowest vote.
NO one receiving majority. it was
thrown into the House. where Adams
was chosen from the three highest.
although he had received only "a
electoral votes while Jackson re-
ceived 80 and Crawford. Al.
This result. while giving the choice
to minority candidate by virtue of the
Whig control of the House. was con-
stitutional, the House exercising it's
plain rights under that instrument to
choose either Of the three.
In the third instance Of a failure
OF the electoral college to make a final
decision, that OF 1876. the confusion
arose out of disputed election returns
from three States. each submitting
double returns. This case was the oc-
casion Of the electoral commission. an
agency which many think was not pro-
vided within the Constitution. The
result Of this disputed Presidency again
called public attention to the dangers
OF the electoral college system. While
some effort has been made to prevent
the recurrence OF the episode of 1876,
by leaving the dispute to the decision
OF the State in which it occurs, no
steps have been taken to forestall what
may occur this year over a possible
deadlock. growing out of tendencies
developing to control elections and leg
islation by the bloc system. well known
in European politics, but until recently
little known in this country.
Rule OF Succession.
THE presidential succession law was
modified in 1885. and provided that in
case Of the disability of both the Presi-
dent and Vice President. a member Of
the cabinet shall in the following order
act as President until the disability is
removed or President elected-Secre-
tary of State, etc. This law applies
only when the disability applies to
both President and Vice President. In
case OF disability of President Cool
idge to fulfill the duties of the Presi-
dent prior to the expiration of his
term. Secretary Hughes would be pro-
NOTED. since there is no Vice President.
However. it has been the custom in the
interest of continuity of the Execu-
tive office, to swear in the Vice Presi-
dent before the President. so that in
case no choice results from a dead
lock in the House, the vacancy occurs
at the moment of the expiration of the
term, when the Vice President, sworn in
a moment before, will under the Consti-
tuition be promoted rather than apply
the succession law of 1856 This
contingency is the occasion of the in
quiry in the caption.
Prevent Situation Complicated.
THE present situation is compli-
Gated by the possibilities of the third
party element which may prevent a
majority OF the electoral votes going
to any candidate. and also possible
failure of the House to make the
decision"
Senator Fess outlined the probab
selection of presidential and vice
presidential electors in the various
States. saying that it appears Cool
idge is morally certain" to get 218
ELECTORAL votes; that Davis is certain
to get ia, and that La Toilette is
likely to get 80. A candidate must
have 266 ELECTORAL votes for an cleo
tioE.
In the event that the election be
thrown into the House, Senator Fess
figures that it would be impossible
to reach decision there. owing to
the split over candidates. He con-
tinued:
mo election would result unless
the deadlock were broken by the La
Toilette vote going either to Coolidge
or Davis, and change in at least
two of the States which are tied be-
tween the parties AS to this prob
ability. Coolidge would most likely
be chosen. In case the deadlock is
not broken. no election of a Presi-
dent would take place and as above
stated, the Vice President would as
sumo the duties, rather than the Sec
retary of State, II there will be a
Vice President at the time. There is
no Vice President now.
Dawes or Bryan Likely.
The failure OF the electoral coll
lege to elect a President would also
apply to a Vice President and the
Senate would be called upon to choose
from the two highest. which limits
the vote to Dawes and Bryan,
In the Senate, unlike the House.
the vote will not be by States. The
Constitution requires two-thirds of
the Senate to make quorum for this
purpose. and a majority of all the
votes, or in this case 40, NECESSARY
for choice. The present Senate con-
tains 2 Farmer-Labor members.
both from Minnesota They are La
Toilette followers. 1t contains AZ
Democrats and 81 Republicans. In
the Republican group of them
follow La Toilette. These are from
Iowa, the Dakotas, Nebraska and
Wisconsin. Two are independent
They are from Michigan and Ne
braska.
If the Republicans of the Senate
vote solidly, Dawes will be chosen
and promoted to the Presidency. If,
on the other hand. the La Toilette
Influence iS Withdrawn from the Pc