Evening star., 1924-04-28
TELLS HOW CONGRESS
COULDPICK PRESIDENT
Page Explains Knotty Questions
Regarding Succession at
White House.
MIGHT CALL ELECTION
Number of Interesting Situations
Possible.
light CALL ELECTION

xUSSlUl6.
The possibility of third party preg-
Dental nomination and the resolution
introduced by Senator Norris to meet
the situation should one OF three candt-
dates fail to get a majority in the cleo
toral college and the election be throw.
into Congress are bound to be subjects
Of increasing public discussion.
Because of deep interest manifested
by members of Congress, William
Tyler Page. clerk Of the House and q
close student of the Constitution and
the history OF government, has gone
carefully into the possibilities and
the procedure in such event. In an
swer to the question: Does the Law
provide for the cabinet officer acting
as President to continue during tho
whole term for which the actual
President and Vice President whom
he follows were elected" Mr.. Page
replies:
Question Never Decided.
This question, of course, has never
been decided. and could not be de-
cided in advance of an actual case.
but it has been discussed since and
before the Constitution was ratified
Article 2, section 1, of the Consti-
tuition provides: In the case OF the
removal of the President from Office.
or his death, resignation or inability
to discharge the powers and duties
of the said office, the same shall de-
volve upon the Vice President, for the
Congress may by law provide for tho
case Of removal, death, resignation,
or inability, both of the President
and Vice President. declaring what
officer shall then act as President,
and such officer shall act accordingly
until the disability be removed or
President shall be elected
AN OLD law of 1892 provided thar
in case OF vacancies in both Offices
the President of the Senate, or II
House, for the time being, should act
as President until the disa bility be re-
moved or a President elected; and
provided further for special cleo
tion.
This law was repealed by the
presidential succession act of 1856,
which provided for succession down
through the cabinet and the calling
of an extra session of Congress.
The law of 1s45 provided a uni
of electors. namely, the Tuesday
next after the first Monday in No
vember, in every fourth year
This is in accordance with section
/ of article a OF the Constitution,
which provides: The Congress may
determine the time OF choosing the
electors and tho day on which they
shall give their votes; which day
shall be the same throughout the
United States
Congress Can Call Election.
1T will be seen that Congress has
the power. If it chooses to exercise it,
as IL did exercise IL in the law of 1892
to determine the time of choosing the
electors by calling a special election
and as in the law of lS45, making the
regular election fall on the same day
throughout the United States.
Difference of opinion exists ard
probably will continue to exist until
the question is decided by constitu-
tional amendment or otherwise as 10
whether cabinet officer, in case OF
the death of both President and Vice
President, o. their removal, would
serve out the unexpire6 term or
whether a special election would be
necessary. Probably the best author
.ty on the subject, as showing the
intent of the Congress in passing the
act of 1886, is to be found in the
House committees report on the bill.
which takes the view that the cabinet
officer in succession would serve out
the unexpired term.
This report also questioned the
power of Congress to order special
election"
Replying to the question: "Is the
idea for Congress to act either in reg
ular session. if one is going on or b.
special session-in respect to calling
for a special election of a Presiden;
| and Vice President, or either?" Nj.
Page says:
This Interrogation results natu--
ally from the fact that the cabinc:
officer succeeding TO the presidenc.
is required by the act OF 1856 to call
an extra session if a regular session
is not about TO convene. For what
purpose? Congress, by constitutions.
authority, already has declared, BY
the act of 1886, who shall be Presi
dent. Why, then, a special session:
Can Alone Answer Quession.
This can only be answered wheu
the time comes by Congress itself. l.
the special session or an imminen,
regular session be not for the purpos-
of taking some action looking to
different succession, the provision IL
the act of 1886 would appear to be
unnecessary.
Congress did, in the law of 1872.
provide for special election in such
contingency, but this was repealed.
"But may not Congress in It's WIS
dom again provide for a speciai e:ec-
tion ? The act of 1872 was said to be
constitutional by a Senate committee.
Congress, under constitutional au-
thority in the act of 1845, fixed q
uniform election day for the appoint
ment of presidential electors. Why
then, might not Congress fix another
day for special election?
'"These and other questions would
be for Congress to consider when
lSonfronted with an actual situation.
and in the meantime they are aca-
demic.
1T might be observed that if q
special session be not for the purpose
of congressional action-say the call
ing of a special election-then its
only purpose would be an immediate
check by the representatives of the
people upon new President not Sc.
Iected by the people.
Certainly it is to be said that a spe-
cial election would seriously disturb
our present orderly Quadrennial pres
idential elections as provided in the