Evening star., 1926-03-21

Sentat1VeS, as also would ne the man
whom the House of Representatives
might eventually elect.
Another serious objection to the
proposal to begin the terms of Sen
ators and Representatives early in
January the Norris amendment fixes
the first Monday in January and the
White amendment fixes the fourth
day in january and to begin the
terms Of the President and Vice
President weeks to 90 days later
norris amendment the third Mon
day in January and the White amend
ment the Path day Of january in
order to permit new administration
and new Congress promptly to
function after the November elections.
is that in the case of an election be-
ing thrown into the House the same
set Of circumstances that would pro-
woke and produce such an occasion
might also. and probably would. re-
suit in preventing or making diff
cult the prompt orga niZation of the
House of Representatives in the new
Congress For until the House is or
ga anized by the election of a Speaker,
who administers the oath of office
to the members, the House would be
powerless to function and unable TO
proceed to the election of a Presi-
dent.
Under the present system. which
has obtained for 1877 years. decision
by the House would not he accom-
panied by any doubt as TO the legality
of it's organization, being already or
ganized and in existence.
Still another proposition which COM
mends itself. and regarding which
there is practically unanmity of opin-
ion, is the one providing for the case
where both the President and Presi-
dent-elect may die before the begin
ming of the term. in which case the
Congress could provide by law what
officer shall act until the House should
elect q President or the Senate should
elect a Vice President.
Another Objection Cited.
Up to the point where Congress Is
empowered to provide by law for the
succession by the appointment OF an
acting President, the proposed amend
ment differs in substance little from
the existing presidential succession
act But in going further and empoW-
ering the House or Senate, one or the
other, to elect a President or Vice
President. as the case may lie. VINO
would succeed such temporary ofncer,
the door is opened to what might be
a
Senate as to which would act first,
and the man first selected would then
become the President for the full
term, less such time as the temporary
officer shall have served.
The possibilities of complications un-
der this and other provisions Is so
great that it is thought the proposed
amendment should undergo the most
searching study by eminent lawyers.
lA1fn
amending the Constitution to cure al
legged evils under the present system
and to provide for casus omisSus.
which might prove to he even worse
than the ills which they seek TO cure.
Long Study Is Likely.
So it is probable that the best legal
talent of the country will be invited
to study this problem exhaustively
and make recommendations to Con
gress and possibly through creation
of a commission on the electoral sys-
tenn of the United States. as proposed
in a bill introduced on February II
by Representative Millard f. Tydings.
Democrat. of Maryland-the same day
that the White amendment was favor
ably reported from committee to the
House. This proposes series of IA
Hypothetical questions. TO he decided.
as follows:
Does the Secretary of the Senate
succeed TO the presidency if for any
reason there is no constitutionally
elected President ny March 4?
Shall there he a special election. or
does the person succeeding to the
presidency fill out the unexpired
term?
If the election were ordered in case
of vacancy in the office could II
be for the unexpired term. or would
it have TO be for a term of four
years. thus disarra nging the four
year period of the Government?
Does the commission of Cabinet
officer expire on March 4. and would
this prevent succession?
For what length of time would
cabinet officer act as President?
Shall the choice of a Chief Exec'l-
tive be intrusted to the House OF
Representatives, about to go out OF
existence. when such House may
even be under control of the party
defeated at the preceding November
election?
Where the President elect dies he
fore the second Wednesday In Feb
ruary. may the House of Representa-
tives elect a President?
Question as to Count.
In case of failure to count the votes
and declare the results by the 4th
of March, where the electors have
not failed to elect, but Congress has
failed to declare the result. may the
count continue?
Would the Vice President. or the
Vice President-elect succeed to the
presidency should the President
elect die before the 4th of March?
who would he President in case
both President-elect and Vice Presi-
dent elect should die before March
If more than three persons voted
for as President should receive the
highest number and an equal num-
her of votes in the electoral college.
and suppose there were six candl-
dates. three of whom had an equal
, number, who is to be preferred?
II there should he more than two
of the candidates for the vice presl-
dency in a similar category. lot now
many. then, and for wnom' "ouiu
the Senate vote?
II candidate for President should
die after the election and before jan
nary 12 and before the electors met
how should they vote?
If the President.elect should ole
after the electoral college has met
and before Congress counted the vote.
how could the vote he counted? UT
could 1t be postponed?
All of which shows that there IS
doubt on many points. where there
should be certainty. IL the Consttu-
ton is to be changed for the pre-
fecting of our electoral system.
Tamc Duck" Situation.
Now all this bugaboo about
lame duck Congress" isn't as seri-
ous as it has been made to appear,
when YOU realize conditions carefully,
according to House leaders. In the
view of the proponents of these Con-