Evening star., 1937-01-23

fOOSGNSlG NCllO
Ss'eN'S&sa ss@& - back up the Ave-
DA''u nue. in an open
car in disregard of all admonition.
The Presidents physical fortitude
has perhaps not been as widely known
as it Is today because of his exhibition
of hardwood, but most of his friends
and admirers would have preferred an
indoor Inauguration rather than to
have him or the crowd incur the risks
OF the day.
Out of the discussion has come a
suggestion that the National Capital
build a huge auditorium for public
purposes. This may be done as a part
OF q large building program for the
District Of Columbia which Mr.. Roose-
velt has Informally recommended.
Other Embarrassments.
The principal result of the Inaugura-
ton day experience, however, concerns
not so much the weather but the
possible embarrassments that might
arise hereafter because Election day
and Inauguration day are too close
together.
A few days ago in these columns,
referred to a possible amendment to
the Constitution on this point, but 1t
appears that Representative Sum-
mers. Democrat, of Texas, chairman
Of the Judiciary Committee, feels the
change can be made by an act OF
Congress.
Reference to the Constitution shows
that Election day is governed by the
following article:
The Congress may determine the
time for choosing the electors, and the
day on which they shall give their
votes. which day shall be the same
throughout the United States
Could Set October Date.
Congress then could Ak the first
Tuesday after the first Monday in Oc-
tober Just as well as the present No
vember day, and it could also fix the
day for the meeting of the electors
themselves for December, as at
present.
William Tyler Page. former clerk
Of the House Of Representatives,
writes me that constitutional amend
NleUG NOulu IlUJ Up llCtCoodiy AL oLANi
to have a special session Of Congress
convened in the event that a deadlock
occurred in the electoral college, some
thing that has not been taken care OF
by the Norris amendment in the
sense that Congress now Is scheduled
to meet on January and the in
auguration date is only II days later.
Mr.. Page states his belief that in
the event of an election thrown into
the House of Representatives, the out
going Congress could choose Presi- |
dent by the simple process Of fixing by |
law a meeting of the House for that |
special purpose in the event Of a |
deadlock.
Amendment Need Seen.
In view of public sentiment, how |
ever, against lame-duck Representa-
tives voting after they have been de-
feated at the polls, 1t would require |
another constitutional amendment to |
convene Congress before January 3.
In other words, If no candidate for |
President received majority of the
votes of the electoral college, assum-
ing that the national elections were |
held in October, 1t would be necessary
to convene Congress to begin solu-
ton Of the difficulty as now author
lied by the Constitution.
But if it is to be the same Congress
which was elected on the proposed
new election day, namely, in October,
the Constitution would have to be
changed to provide for it. The impor-
tant point is that Congress might ar
range by constitutional amendment
for special session only in the event
Of a dispute in the electoral college
vote wherein no candidate receives
ma jority.
In the event that the various States
do not like to shift their election
days for State officers so as to hold
them on the same day provided for
the presidential election by act of
Congress. some States might have two
election days, thus emulating the con-
spicuous example of Maine, which
holds her congressional as well as
State elections in September.
Presidency Continuous.
lIlCIutIlLdlly, IllCIc lldo DCCIl Hiu' IL
conversation about the fact that the
United States was without Presi-
dent for 20 minutes Or more because
the Constitution now provides through
the Norris amendment that the oath
must be taken at moon" and Mr..
Roosevelt and his party were delayed
about 20 minutes in getting to the
oath-taking ceremony.
Actually, however, who is to say
America was really without Presi-
dent for nobody has defined moon"
in this particular constitutional sense.
Somewhere between II o'clock and
3 o'clock would seem to be moon"
from national viewpoint because
whether by standard time or sun
time it is not high noon throughout
the United States at IL o'clock Wash
tngton time.
The probabilities are that the sub
ject of an earlier election day will be
covered in legislation at this session
of Congress.
(Copyright 1877