Evening star., 1925-01-04
BELIEVES COOLIDGE
ACTING PRESIDENT
Leslie M. Shaw Holds Office
Cannot Be Transferred in
Case of Death.
BY DAVID LAWRENCE.

Is Calvin Coolidge still Vice Pres
| ident or rather acting President?
Leslie M. Shaw, former Secretary or
the Treasury, has raised this point
because he thinks it will have an i'm
portant bearing on whether Mr.. Cool
idge may expect to succeed himself
for another presidential term after
1928.
The Constitution says that in case
of the removal death or resigna-
tion of the President or inability TO
discharge the duties of his office, the
same shall devolve upon the Vice
President and the Congress may by
law provide for the case If the re-
moval death, resignation or inabil-
ity of both the President and Vice
President, and such officer shall act
accordingly until the disability be re-
moved or a President shall be elect
ed"
Holds Election Essential.
Mr.. Shaw declares that under the
Constitution, the death of a President
causes a vacancy in that office that
can be filled only by election, Others,
he says, may be charged with the
responsibility of the office, becoming
Acting President, and as in the pres
ent instance, be de facto President,
but no one can be de jure President
except Dy election, lot III AHIeIlcd
there is no succession"
This view would permit Mr. Cool
idge to enjoy a second full term as
President counting his service from
August, 1923, to March next, as
period in which he is simply Act
ing President" but still Vice Presi-
dent
So far as the law is concerned there
Is as much ground for Mr.. Shaw''s
view as any other, though custom
and precedent have given the Ameri-
can people the impression that when
Vice President succeeds to the duties
of the presidency, he actually be-
comes President too. He draws the
salary and discharges the response
bilities of the Chief Executive exact
ly If he had been elected.
There is no law or constitutional
provision which would prevent a
President from serving three or four
full terms. Custom and precedent
again have decreed that two terms
is the maximum and no one has
served more than eight years, though
there have been attempts TO win for
third time. Mr.. Roosevelt served
seven years. but announced on the
eve of his election in 1904 that he
would not be a candidate for a third
term. He construed that to mean a
consecutive term. for Mr. Taft was
his choite in 1908. In 1912, however,
he sought the presidency again and
might have been elected but for the
split in the Republican party The
third term issue was not altogether
controlling one. though it no doubt
played some part in the voting
If Mr. Coolidge wishes to be a can
didate in 1928, he will find no legal
obstacle in his path. nothing, in fact
except the unwritten law that a Pres
fdent does not serve more than eight
years. On the surface. it would ap-
pear that this is an academic uue:;-
ton and somewhat premature for
discussion, but the 1928 campaign is
not as remote as it seems Official
Washington thinks long time ahead
on politics.
There are a few persons in the
United States Senate and one or two
In the cabinet who may think they
have a chance for the Republican
nomination for the presidency if Mr..
Coolidge doesn't run. The Republican
organization leaders do not wait till
a presidential year before getting
things under way. Mr. Coolidge, on
the other hand. will WELD a more
powerful club over the heads of mem
bers of Congress and the politicians
generally If he Is likely to remain the
party leader after 1928
Mr.. Coolidge himself has given lit
tie thought to the matter, feeling that
his immediate duty is to make good"
on the term for which he has been
care of itself