The Man in the News

month, as compared with 7 in 1953, 10 in 1954 and 8 in 1955.

The second term, however, has brought an increase, over 1956, in vacation time. Since the inauguration, Mr. Eisenhower has spent a week end at Camp David, in Maryland, and another golfing at Augusta, Ga. There were 11 days at the Georgia plantation of George M. Humphrey, Secretary of the Treasury, and a six-day cruise.

This makes a total of 21 days spent vacationing out of 66, or about 10 a month.

In point of days spent away from Washington on trips and vacations, the record still is held by Franklin D. Roosevelt, with an annual average of 136 days. William Howard Taft is second with 131 and Mr. Eisenhower third with 125. Harry S. Truman's average was 86.

Now, another vacation is planned. The

President's physicians think this is necessary. The strains of the Presidency are great. And, in advance of his re-election last year, Mr. Eisenhower was very frank in informing the nation of what was to be expected.

What the President is saying to the country through the press—excerpts from his latest conference, page 92.

is such that Democratic leaders say there is little prospect of any action at this session of Congress.

Some are of the opinion that no action is necessary. These include the powerful Speaker of the House, Sam Rayburn. Others have their own solutions to the problem.

One would have the Vice President, himself, take the initiative, if a disabled President should decline to step aside voluntarily. Sufficient restraints, it is argued, would be provided by public opinion and the congressional power of impeachment. This idea is advanced by Chairman Emmanuel Celler of the House Judiciary Committee, which has spent months conducting hearings on the problem.

Other proposals would have commissions of various types make the essential decision as to a President's physical ability to continue in office. Some would have the commissions include members of Congress, or the Chief Justice or members of the Supreme Court.

And there is an additional point of essential disagreement. Some think action should be taken by constitutional amendment. Others think that, under the Constitution as it stands, a simple act of Congress would suffice, that there is no necessity for going through the time-consuming process of amending the Constitution.

**Accord.** There is, however, substantial agreement on one point. This is, that the constitutional provision covering the situation of a disabled President is so unclear that it leaves no exact basis for action.

The situation is covered in a single, rambling 84-word sentence which you will find reproduced in its entirety on page 34. The uncertain authority that this sentence confers never has been exercised. Thus the provision never has gone to the courts for interpretation.

**Precedents.** There have, however, been three occasions when thought has been given to replacing a disabled, but still living, President with the Vice President.

In 1881, President James A. Garfield for 80 days lay stricken by an assassin's bullet. During that time, he performed one official act. He signed an extradition paper. At the same time, there was business that the President should have attended to. The Cabinet considered installing the Vice President in Garfield's place, but hesitated.

Some of the members held that to do so would mean displacing President Garfield permanently. He was, meanwhile, too ill to be asked to make a decision. Finally, he died.

Between September, 1919, and March, 1921, President Woodrow Wilson was obviously a very sick man, partly paralyzed and, many thought, incapable of attending to his duties. Acts of Congress became law without his signature. Again there was much discussion of advancing the Vice President to the Presidency. There was opposition. No action was taken, and Mr. Wilson completed his term.

Again, in 1955, much worried thought was given to the situation created by President Eisenhower's heart attack.

Top administration officials debated the question, decided to take no action. The affairs of the Government were left to the Cabinet and to the well-organized White House staff. In a short while, Mr. Eisenhower was able to be consulted on a limited, but growing, scale and to sign necessary papers.

It is considered significant that in none of these instances did the Vice President of the moment rush forward to claim the Presidency. In each case, the Vice President showed modesty and restraint.

**Argument.** Many questions would be raised, it is thought, if a Vice President should succeed a still-living President.

—USN&WR Photo

**THE VICE PRESIDENT AND THE PRESIDENT**
Should the rules on succession be clarified?

One of these is whether the actions of a President so installed would be legal. For instance, bills signed under such circumstances might be held invalid in the courts because the "President" who signed them was unconstitutionally installed in office.

It is clear that, if President Eisenhower should wish to step down, he could resign. Such an action, however, would be irrevocable.

Meanwhile, Mr. Eisenhower's solution to the problem, even if approved by Congress, could not become effective for many months or even a few years. And the whole subject remains a vexing and worrisome question.

[END]

U. S. NEWS & WORLD REPORT, April 5, 1957

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