Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-03-04
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ways for Mr.. Nixon to become
acting President"
One Of these would be for the
President himself to inform the
Vice President of his inability. !"
In case the President was I'M
able even to communicate with
Mr.. Nixon, the Vice President
would take over as acting Pre-
sident" on his own iniative
"after such consultation as
seems to him appropriate un-
der the circumstances"
In either event, their under
standing pryoideS that the
President, himself, would de-
termine when his Inability had
ended and then would re-
sumo presidential duties.
A statement announcing this
agreement stressed that Mr..
Eisenhower and Mr.. Nixon be-
lieve this procedure is con-
sistent with the Constitution
and carries out "its clear in
tent"
Written Up Yesterday
Mr.. Hagerty said the docu-
ment made public was written
in the Presidents Office yester-
day by Mr.. Eisenhower and
Mr.. Nixon, in consultation with
Attorney General Rogers.
Through the Justice Depart
ment, it was communicated to
Republican congressional lead
ers before being made public.
The public statement. Mr..
Hagerty said, is more or less
a copy of an understanding the
President and Vice President
have"
He told questioners this un-
derStanding "crystalized" in its
present form within the last
month. He added that Mr..
Eisenhower and Mr.. Nixon have
talked over many times since
the Presidents 1855 heart at
tack what should be done in
case of a future presidential
disability.
Mr.. Hagerty said he did not
know whether the procedures
outlined would have been put
into effect to make Mr.. Nixon
acting President at the time of
the heart attack If the agree
ment had existed then.
Cites Ileitis Operation
Mr.. Hagerty said he thought
it more logical that the acting
President" agreement would
have been put into effect when
the President was operated on
for ileitis early on the morning
of June 9. 1856. He recalled
that Mr.. Eisenhower was un-
conscious under the effects of
anesthetic for about six hours
at that time.
The Constitution does not
spell out exactly what should
be done in the event of such a
temporary disability when a
President would be unable to
perform any duties that an
emergency might require.
The constitutional provision
at present is that in case Of
inability of the President to
discharge the powers and duties
of his Office "the same shall
devolve on the Vice President. E"
It leaves unanswered such
questions as who shall deter
mine presidential disability, and
whether a recovered President
could take, back his powers,
once they had been turned over
to a Vice President.
White House Statement
The text of the White House
statement answering these
questions so far as they apply
to Mr.. Eisenhower and Mr.
Nixon follows:
1.-The President and the Vice
President have agreed that the
following procedures are in ac-
cord with the purposes and pro-
visions of Article 2, Section l,
of the Constitution, dealing
with presidential inability. They
believe that these procedures.
which are intended to apply
to themselves only, are in no
sense outside or contrary to
the Constitution but are con-
sistent with its present pro-
visions and implement its clear
intent.
81. In the event of inability
the President would-if possible
so inform the Vice President,
and the Vice President would
serve as acting President. ex-
erciSing the powers and duties
of the Office until the inability
had ended.
''2. In the event of an in
ability which would prevent the
President from so communicate
ing with the Vice President.
the Vice President, after such
consultation as seems to him
appropriate under The circum-