Evening star., 1924-12-08

argued by high authority that be
would hold the office until the next
regular Inauguration following a reg
ular election by the people-four
years. 1t is declared that the Consti-
tuition does not contemplate any efec-
ton except for full term of four
years, beginning always on March 4
Other authorities argue that the
implied power" given Congress by
the Constitution would enable it Ia
meet the emergency. In case the late
popular election had reversed the
position of the political parties and
| had defeated the party of the hold
over cabinet, would not the cabinet
successors to the Presidency find it
critical to- attempt to function under
vague implied powers of a minor
ity party? To avoid any such crisis,
it is argued, it is criminal negli-
gence" not to legislate in advance of
any political excitement
X x x
While six Presidents and seven
Vice Presidents have died in Office. it
has never happened that both officials
have died in the same term, nor that
either one has died between election
and inauguration According to the
veteran clerk of the House, William
Tyler Page, who has made a special
study of the law and precedents in
this connection. there is high au-
thority for questioning the power of
Congress to call a special election for
the President or Vice President:
hence, it would be possible that the
offices might be vacant for four years,
with most serious confusion even to
anarchy or coup d'etat At best, the
office of Chief Magistrate might be,
for four years, in the hands of a man
of a minority party, not selected for
his special fitness for that supreme
office.
q X x X X
|, According to Mr.. Page, highest au-
| thorities do not agree as to when and
how a state of inability of a Presi-
| dent to function may be decided. The
Supreme Court would decide the law,
but not the facts In the case. Some
lawyers contend thaSit would be the
duty of the Vice President to take
the initiative in declaring the emer-
gency and assuming the powers and
functions of the office, in case the
President became i'll, or mentally in
capable, or possibly even if the Presi-
dent absented himself from the terri
tory of this country. permanently or
temporarily. Likewise, if a Vice
President succeeded to the presidency
| and later became disqualified, it
would be the duty of the Secretary of
State to supersede him, by the Sec
retary's own initiative.
But what authority except force of
arms, could sustain such action, when
one who would thus so profit by his
own action should attempt to seize
the reins Of Government? There have
been many cases wherein officehold-
| ers refused to be ousted from minor
off1ces-even cabinet offices-upon the
claim that the incoming official was
not entitled to oust them There have
been imminent menaces of the peace
OF the Nation, in disputes over the
| presidency-as for instance in the
case of John Adams and later than
of Samuel ]. Tilden. Should the su-
preme office Of the Government, il
| was asked, be held up as a tempta
| ton to self seeking, at the risk OF
public peace?
Representative Cable does not un-
dertake to meet all cases with his
| bill now under consideration He has
also introduced joint resolution to
appoint commission of nine to study
some II questions involved in the
| matter of presidential succession, and
| to formulate an amendment to the
Constitution, reporting the result to
Congress on January 1, 1926. Three
members of the commission would
be appointed by the President, three
| by the President pro tempore Of the
Senate and hxee. by the Speaker 81