Evening star., 1945-05-23
Stettinius Is Viewed
In Light Of Succession
Many in Congress Believe Law on
Presidency Is Wrong, Says Writer
By David Laurence

4'1ohy HI N<olf6t ~SS DSlICNS Law OIa
Presidency Is Wrong, Says Writer
By David Laurence
One of the principal obstacles to the
retention indefinitely of Edward Stet-
tinius as Secretary of State is the fact
that, if anything happened to Presi-
dent Truman on trip abroad to ip-
capacitate him for service, the present
law of succession would make Mr.. Stet-
tinius the President
Many people here in Congress, inA
cluding those who think well of Mr..
Stettinius for the secretaryship of State,
feel that the present law of succession
is wrong in that it permits cabinet off,
GERS who have never been elected to
public Office to become Chief Executive.
Some Senators feel that the old law
which was in existence from 1898 to
1886 was much more to be preferred
than the present statute. The first law
provided that, If both the presidency
and vice presidency became vacant
then the succession should pass to the
President pro tenn of the Senate and
otherwise to the Speaker of the House
of Representatives.
Left Up to Congress.
The Constitution leaves it to Con-
gress to specify by law how a vacancy
in both the Office Of President and Vice
President shall be filled The idea back
of the 1885 change was to make sure
that the succession would pass to mem-
bers of the same party as the Presi-
dent, because it was assumed he would
appoint to his cabinet only party men.
Under the old statute, it was possible
for presidential successor to be from
the opposite party because the Presi-
dent pro tenn of the Senate or Speaker
of the House could be of a political
party different from that of the de-
ceased or incapacitated President.
But reading of the Constitution will
reveal that it was intended that If the
President pro tenn of the Senate or the
Speaker of the House became President,
it would be only temporarily and only
until such time as Congress designated
a successor.
Article II of the Constitution says:
Congress may by law provide for the
case of removal, death, resignation, or
inability, both of the President and Vice
President declaring what officer shall
then act as President, and such oficer
shall act accordingly until the disability
be removed or President shall be
elected"
This means plainly that Congress
could pass a law stating that in the
event of vacancy in both top positions.
the President pro tenn of the Senate
should act only as temporary President
of the United States while an election
was arranged for and an election day
set by the Congress, at which a new
President and Vice President would be
elected and the temporary President
would be returned to his office in the
Senate.
Amended in 1888.
The Constitution was amended In 1888
to take care of the cases in which a
President or Vice President who had
been elected in November died before
the beginning of the new term. 1t being
specified that the Vice President-elect
would succeed the President -elect. But
was stipulated that Congress could by
law declare who shall act as President"
or specify "the manner in which one
who is to act shall be elected"
1t was also provided in 1888 that
when an election is thrown into the
House of Representatives for decision
on those occasions when no candidate
receives majority of the electoral COL
| lege, Congress could by law specify how
successor should be chosen If any of
| the candidates died who were among
! the top three in electoral votes.
/ In three instances. therefore7>-when
! the Constitution was written, when it
was amended in 1904 and in 1933-the
! Congress was specifically given authority
| to deal with vacancies in the event
that neither a President nor Vice Pres
ident were available for service.
| Congress could. if it wished, forgo the
| necessity of general election to fill a
vacancy in the Office of President and
! Vice President and could enact q law
stating that the President pro tenn of
| the Senate or the Speaker of the House
should act as temporary President and
that the House of Representatives should
at the earliest date proceed to select
President in the same manner as is pro-
vided when any candidate lacks .
majority in the electoral college. Under
such circumstances. the majority of each
delegation in the House from each State
casts one vote in behalf of the State
A majority of the 48 votes is sufficient
to choose President but quorum OF
two thirds must be in attendance.
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