Evening star., 1936-07-12

In the fleld today there Is rather
militant third party. If it is sufficient
ly effective it might cause an impasse
in the electoral college, SO none would
get majority. or 266 votes, and the
election would be thrown into the
House. This would be House not al
ready organized as formerly. but an
entirely new one elected at the same
time the votes were cast for preSiden-
tial electors. Therefore, the House
would be at the outset in an unorgan-
lied state. 1t also is reasonable to sup
pose that conditions resulting in
Stalemate in the electoral college
would be reflected in the new House
by election of third party Representa-
tives or sufficient number to cause O
deadlock on the election of Speaker.
Until a Speaker is elected no other
business can be transacted. II the
deadlock should be prolonged it would
prevent the counting of the electoral
vote on January and possibly might
prevent the election of a President by
the House in time for the Inauguration
date-January 20. Under such condi-
tions. in the event also of stalemate
in respect to the vice presidency the
Senate would proceed to the election
of Vice President. who upon qualify
ing would automatically become acting
President, until such time as the House
would elect President.
Impasse Might Result.
But if there should be any great de-
lay in the election of Speaker in
the House. thus preventing a count
OF the electoral vote in joint session of
Congress. the Senate could not even
proceed to the election of Vice Presi-
dent in the absence of official knowl-
edge Of the failure of the electoral
college to elect a Vice President:
Consequently, in such case, January
20 might arrive without either
President or Vice President qualify
ing. In this event the twentieth
amendment provides that the Congress
shall by law provide who shall act as
President until President shall quail
ify. AS yet Congress has not pro-
vided by law-there is the grave
omisSion-who should act as President
in the event of failure to elect a new
President.
This is the first time in American
history that it has been possible Gf not
probable) to have a man in the White
House as acting or temporary Presi-
dent. A situation of that kind would
be fraught with many possibilities
while the House would be voting for
election of President. Each State has
but one vote when the House elects a
President. The vote of each State is
determined by ma jority of the State
delegation. and in case of a tie in any
State that State could not participate
in the voting until the tie be broken.
Situation Is Unparalleled.
Under the Constitution, only the
three highest candidates for the presi-
dency may be voted for by the House
of Representatives - Notwithstanding
the possibility of a fourth having re-
ceived some electoral votes At the
time of the Jefferson Burr contest
there were five candidates voted for,
but in the John Quincy Adams contest
in 1925 the candidates had been re-
duced to three. The four nominees in
1924 forced Congress to elect the Presi-
dent-Adams, Clay, Crawford and
Jackson. Clay was eliminated, but
later was made Secretary of State by
Adams.
1t is possible, if not very probable.
that history may repeat ITSELF in an
election being thrown into the House-
but history never before had a situa-
ton as today, with no provision for a
temporary President, if for any reason
there is failure to elect President be-
fore January 20.
So the sovereign voters" had better
make sure thing of it when they cast
their ballots on November g. This
country can we'll get along without a
precedent of having no President.