Evening star., 1928-11-28
Politics at Large
By C. Could Lincoln.

Herbert Hoover'S eligibility to be Presi-
dent of the United States was ques-
toned by a number of speakers
and by many whisperers-on the
ground that he did not meet the
requirement in the Constitution which
says. mo person y shall be eligible
to the office of President who
shall not have been IA years a resident
within the United States The words
of the Constitution in this particular
paragraph which have nothing to do
with the 14-year residence requirements
are omitted purposely because they
have no bearing on the challenge. 1t
is true that efforts were made in the
campaign to persuade some of the
voters that Mr. Hoover had relinquished
his American citizenship to become a
subject of Great Britain, but the con-
trary was substantiated.
~ y
Senator Reed of Missouri, strong
opponent of Mr.. Hoover, in some OF his
speeches challenge the eligibility of
Mr.. Hoover to be /. -S4dent on the IA
wear residence within the United States
requirement theory There were others
Even now several of the members OF
the Senate are receiving letters asking
for information regarding the 14-year
residence provision of the Constitution
and MIR. Hoover's situation with regard
tn il. However, up to date there has
heen no indication that a serious Ell
fort will be made to challenge Mr..
Hoover's right to hold office, now that
he has been Overwhelmingly elected
Senator Reed himself, unless ne changes
his mind, will not undertake TINS TASK;
Just what method of attack coulo
be taken by any one who beleVeo tndC
Mr.. Hoover had d1squallned hlmseli
by remaining outside OF the OnlCeo
States for many years is not clear, even
tn the constitutional lawyers. One sug-
pestion is that after MIR. Hoover snail
nave been sworn in as President ana
taken office, Impeachment proceedings
could be brought against hlm In the
House and tried in the Senate, on the
ground that he was technically 1nellgl-
ole to be elected and to hold the otnce
of President. In view of the results OF
the election and the huge popular vote
as we'll as the overwhelming electoral
vote given MIR. Hoover, it is not likely
that any such proceeding would gain
a favorable hearing in the House OF
Representatives, where Impeachment
proceedings must originate. the coun-
try is not likely to be interested In
technicality which was advanced as a
reason for defeating Mr.. Hoover during
the campaign and which made little OF
no impression on the country.
Another avenue of attack, it is sug-
gested, might come at the time the
vote of the electoral college is can
vassed in the joint session OF Congress
on the second Wednesday in February.
1t is at that time that Mr.. Hoover
is to be declared formally elected
President of the United States. But
even at that time there is no provision
In the Constitution which gives Con-
gress the authority, or either house, to
pass upon the eligibility of cand1-
date who has been chosen President.
The question, it is said, might be raised
at the joint meeting, and referred to
a Joint committee of. the two houses,
with the idea that it might be submit
ted to the Supreme Court of the United
States for constructive decision of the
highest judicial tribunal. Whether the
Supreme Court would entertain such a
proceeding Is another matter. The time
intervening between the daete of the
count of the electoral vote by Congress
and the date of Inauguration of the
President-elect on March would be
brief The chances are in any case
that Mr.. Hoover would necessarily take
the oath of Office on the day appointed.
It has been suggested, too, that tax
payer and voter might initiate some
kind of proceeding in the Supreme
Court to have the eligibility of Mr..
Hoover tested in that tribunal. The
eligibility of any President-elect has
never been attacked The subject is
new one for legally inclined minds to
ponder But the opinion expressed by
some of the ablest constitutional lawyers
of the Senate is that any effort to
throw out Mr.. Hoover will get no
where. Mr. Hoover was employed as
mining engineer in many parts of the
world for many years prior to the
World War and the entry of the United
States into that conflict eleven years
ago. He returned to this country to
become Federal food administrator at
the invitation of the late President
Wilson when this country entered the
war, and has been resident within the
United States"-the language of the
Constitution-since that time. 1t is
obviously short of the prescribed four
teen years. But If presidential can
didate is a citizen of the United States
and has not relinquished his citizenship
at any time, it is not believed that
absence from his native land would
initiate against him under the con-
Stitutional provision. Other Presidents
have left the shores of this country
within the fourteen-year period prior
to their election and have lot been
challenged as ineligible to hod Office
This was particularly true in the early
days of the republic, when such
technicality in all probability would
have been raised if 1t was thought to
apply.
What would happen in the event that
Mr.. Hoover should be held ineligible
because of the fourteen-year residence
Charles Curtis of Kansas, the Vice
President-elect.. doubtless would be in
line for the succession.
Senator Curtis is expected to make an
announcement of his plans before the
close of the year. He may resign from
the Senate and permit the appointment
of his successor Immediately or he may
determine to hold on as Senator and
Republican leader of that body up to
the time of the close of the short Ses-
sion or almost to that time. There is
a plethora of candidates in Kansas
to succeed Senator Curtis. In informed
quarters the chances of Representative
Homer Hoch of the Kansas fourth con-
gressional district are rated excellent
for this appointment. There are other
members of the Kansas delegation in
the House who hope that the lightning
may strike them. Former Represent
ative Tincher is mentioned as possible
successor of Senator Curtis, too.
Former Gov Henry Allen. who was
the publicity director of the Republican
national committee during the recent
campaign, would have better chance
for the appointment, it is said; If he
were not frowned upon by Senator
Curtis Gov Allen and Senator Curtis