Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-03-04
Capitol Leaders Indorse.
Agreement on Disability

stances, would decide upon the
devolution of the powers and
duties of the Office and would
serve as acting President until
the inability had ended.
IS. The President, in either
event, would determine when
the inability had ended and at
that time would resume the full
exercise of the powers and
duties Of the Office"
Kefauver Applauds Disclosure
Senator Kefauver, Democrat
of Tennessee, one of the authors
of a proposed constitutional
amendment on the question,
said the arrangements for Mr..
Nixon to take over were 'sensi-
BILE" and he applauded public
disclosure of the agreement.
"But ! have very grave doubts
that the President can get his
powers back, once Nixon has
become acting President. un-
der the present constitutional
provisions" Senator Kefauver
said. II think this emphasizes
the need for a constitutional
amendment"
House Speaker Rayburn
raised the same question, say
ing of the Vice President, II
don't see how he can exercise
the powers and duties of the
President without taking the
oath as President. Once he
takes that oath, he is the Presi-
dent"
Senator Aiken. Republican of
Vermont. said he fears that
legal questions might be raised
if Mr.. Nixon attempted to sign
documents as Chief Executive
while he was only acting as
President.
Not a Bad StOpgap
Senator Erwin. Democrat of
North Carolina, a member of
the Judiciary Committee study
ing the disability issue, said he
regards the INSTRUMENTATION
agreement as mot a bad stop
gap solution"
He said he agrees the Vice
Presidents powers might be
questioned in the courts. But
he said he believes Congress
could meet this situation by
passing a resolution empower
ing Mr.. Nixon to sign docu-
mentS as Acting President.
Senator Cooper. Republican
of Kentucky, commented that
lin the absence of a constitu-
tional amendment the country
must continue to function and
I think the President has done
a straightforward thing and
should be applauded for it."
Senator Humphrey, Democrat
of Minnesota, said he wasn't
criticizing the arrangement but
believes Congress should act
because any decision on the
presidential disability issue
tends to establish an histor-
ical precedent.
Covers Whole Procedure
Mr.. Hagerty refused TO say
whether there was any further
agreement between the Pres
identl and Vice President
| in writing. He did say that the
public statement covers the
entire procedure agreed upon.
Asked whether the Vice Presi-
dental consultation provided
for in point 2 ofsthe agreement
would include consultation
with the cabinet and with the
Presidents doctors, Mr.. Hag-
er ysaid it would depend upon
the circumstances.
The proposed amendment
would require the Vice Presi-
dent to get the approval in
writing of the majority of the
cabinet before taking over as
acting President in any case
where he thought the Presi-
dent was unable to carry out
out his duties and the Presi-
dent did not so inform him.
Mr.. Eisenhower's willingness
to leave any consultation up to
Mr.. Nixon in his own case OBJ
viouSly is the result of what
he referred to in his news con-
ference last Wednesday as a
unique" confidence and respect
existing between him and Mr..
Nixon.