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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (July 21, 1912)
srsvti nr. Ull l nmw Andljjdfe of Situation Mad by Politlc-dl Sdge-. fv . - I J T v, - V, I Graue Possibility of Such a Necessity if Three Big Candidates Are in Field. If None Gets Majority House Must Decide If It Fail Then Senate, 'May Pick the Victor Interesting and Pic turesque Procedure That Would Be Followed. BY JOHN ELFRETH W ATKINS. MEN renowned for their political sagacity are free with their pre dictions that a triangular fight for the Presidency this Fall will throw the coming Presidential election Into the House of Representatives. Whether an alarmist view or not. this Is one worthy of analysis at this time. The electoral vote will be counted before a Joint session of Congress at 1 P. M., on the second Wednesday of Feb ruary next. The total electoral vote In this campaign will be 631 and a ma jority necessary to a choice will be 266. The Constitution provides that "If no person has such majority, then from the persons having the highest numbers, not exceeding three on the list of those voted for as President, the House of Representatives shall choose Imme diately, by ballot, the President. But in choosing the President the vote shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two thirds of the states and the majority of ell the states shall be necessary to a choice. And If the House of Represen tatives shall not choose a President whenever the right of choice shall de volve upon them before the 4th day of March next following, then the Vice President shall act as President, as in the case of the death or other constitu tional disability of the President." Senate Would Choose V. P. But It is reasonably certain that no Vlce-Presidantlal caniiidate will get a majority. If no Presidontlal nominee re ceives one. So what Is to be done In such an event? The Constitution la clear on this point, also. The election of the Vice President would be thrown Into the Senate. Instead of the House, and the Senate would have to make final choice between not the three, but the two candidates receiving the highest num ber of electoral votes. The election of the Vice-President la further simplified by the absence of constitutional re striction as to Senators voting "by states." They can use their individual preferences and having only two men to choose from one candidate would appear sure to receive a majority. This majority, however, would have to be a majority of the whole number of Sen ators, two-thirds of whom would be necessary to constitute a quorum to do business. Deadlock Seems Assured. The Congress which would decide the election under such circumstances is that now in session. And, as stated, the vote of the House would be by states and not by Individual members, each state having one vote dictated by the majority of its representatives. A fact most interesting. Indeed, to relate Is that In the present House the political division by states Is exactly equal, although there are 229 Demo cratic and only 161 Republican Repre sentatives. Tet there are 22 state dele gations In which the Republicans have a majority and the same number, 22, in which the Democrats have a majority. In addition, there are four states, hold ing the balance of power, each tied with sn equal number of Republican and Democratic Representatives. These axe Maine, Rhode Island, Nebraska and New Mexico. In these estimates all mem bers who recorded themselves as Re publicans when elected to Congress are included In the Republican column. A deadlock would appear to be as sured were the election thrown Into the House. The successful candidate would have to obtain the votes of at least 25 states, whereas, as said, the Demo crats have but 22. as have the Republi cans regular and progressive be tween them. How many representa tives hitherto listed as Republicans will Join the new party no one can yet estl. HOW A THE recently published exploits of an ex-cowboy. In lassoing wild animals Is Africa, puts me In mind of my own experience In that line when punching cows for the old AU 7 outfit In Wyoming In 1885. Among numerous tasks allotted to me, preparatory to starting on the round-up, was the care of a small bunch of "green" horses that I was to break for use In my work later on. As a matter of convenience these . were kept with the wagon stock In a small pasture a short distance from the ranch, and the trail to this pas ture led by the water hole where the other lions had been captured. Upon the particular morning I am going to describe I had selected a pony from my string known as Hotstuff; he was not more than half broken, and when he bucked, which he did nearly every time I got on him and as often thereafter as the notion seemed to strike him, he could jump higher, land harder and keep It up longer than any four legged brute I had ver straddled. I wu a r.ew man with the outfit and wanted to "make good." I felt that If I could break an animal of Hotstuffs apparent cussedness my reputation would be made. Besides, he was the handsomest pony on the range, and I always like to ride a fine-looking ' horse. Upon this particular morning, after our usual tilt around the corral I started off up the trail for the pas ture. About half way to the water mate. Many of the "Insurgents" of the House either have refused or are hesitating to follow Colonel Roosevelt. And even if every Democratic repre sentative should vote for Governor Wilson, he could not he elected unless three of the tied or hostile states should come to his rescue Therefore, If the election Is thrown Into Congress the prospects are that through a hopeless deadlock extending until March 4 the Presidency must on that date fall to the successful candi date for Vice-President. If his election is thrown into the Senate the possibili ty of a deadlock would be diminished by the fact that in that body only the two rather than the three candidates receiving the highest electoral vote would be balloted for by the Senators, who would vote as Individuals rather than by states. But there is room for grave doubt that any faction could gain a majority in the Senate, where the old '"Insurgent" Senators hold the balance of power. The next few 'weeks may show how many of these will, like Cummins, remain regular, or, like Bris tow don the progressive bandana. To acquire a satisfactory mental pic ture of the exact procedure, should the coming election be thrown into Congress, you should first get a glimpse of how it has acted upon the rare occasions when It has, in the past, been resorted to for a final selec tion of President and Vice-President. A test of the process came early in the history of the republic. In the election of 1800 the electoral vote was divided as follows: Jefferson, repub lican, 73; Burr, Republican, 73; John Adams, Federalist. 65; Charles C. Plnckney, Federalist, 64; John Jay. Fed earllst, 1. Not only was there no can didate with a majority, but Jefferson and Burr were tied. The House hav ing been called upon to exercise Its functionto decide the choice, the bal loting commenced February 11, 1801, and continued until the 17th. There being then 16 states, the votes o nine were necessary for a choice. . On the 6th ballot and the sixth day of the contest Jefferson finally re ceived the votes of 10 states and was declared elected. And Aaron Burr, having received the next highest, was under a new obsolete clause of the Constitution declared elected as Vice President. The Old Method. When the House thus chose Jeffer son In 1801, the procedure was accord ing to the original Constitutional pro vision, since superseded (in 1803) by the 12th amendment. The House at that time was permitted to choose the President from the "five highest" candidates on the electors' lists? And the person having the next highest number of electoral votes whether a majority or not was chosen Vice President. The Senate had no hand In the elec tion of the Vice-President, except in .case of a tie, when it chose "by ballot" "between the tied candidates. But the second election to be thrown into the House was decided by the same rules that would govern its selection of a president next Winter. This was the election of 1824. In the campaign of that year, as threatens now, politi cal parties were badly disorganized. Although Andrew Jackson won over John Qulncy Adams by 153,000 to 108, 000 in the popular vote and by 90 to 84 in the electoral vote, neither of the two had a majority. This was owing to the fact that Clay and Craw ford were also candidates, receiving, respectively, 37 and 41 electoral votes. So, as had been anticipated before the election, there was no choice of a President, although Calhoun had been elected Vice-President by more than two-thirds of all the electoral votes. Congress met the 6th of December, five days after the meeting of the electors, and, although it was known that there had been no choice of a President, no notice was taken of the fact until the 13th of January i825). when the House adopted a resolution appointing a committee to prepare rules to be observed In the House "In the choice of a President of the United States." This plan, closely following the procedure of Jefferson's election by the House in 1801, would probably be as closely followed Dy tne nouse WYOMING COW PONY CAPTURED A hole I Dassed a breaking camp which some of the broncho-busters had es tablished on a nice flat, clear of sage brush and coulees or ravines. With a few snubblnf-Dosta. a corral and a grub wagon, they were taking things easy. I had started at the first streaa of dawn, and It was then not sunrise, so there was no one stirring In the camp. 1 had passed the sleeping camp but a short distance when my attention was light of the early dawn, to be the strug gles or a can. isaiuraiiy x was b interested and turned Hotstuff in that direction. I found upon a closer view t . t Inn animal T hlil coan WAS S C3.lt. and the struggle that had attracted my attention was evidently Its last, lor big mountain lion had it by the throat .. ,1 ha vino annkpntlv ..V.Tli the jugular vein, was enjoying a dellcous feast. 1 stopped for a few moments to de cide what to do. It was evident the lion was famished, for, though he watched me closely, he did not let go his hold on the throat of the calf. From the satisfied movlngs of his tail he was apparently enjoying himself. For a moment I was In a quandary. The common-sense thing to do was to leave the lion to his feast and go back ... V. n an.n hilt A ihOTt distance IWSy. and get a good roper to help me. On the other nana, l wan tea w onus mi lion In alone. It had taken two men to bring each of the others, but I wanted to go one better and rope that Hon myself. I knew the foolhardiness of trvlng to do neat roping work on a half-broken horse, but 1 also knew that if I could throw a rope around that lion s neck and get Hotstuff head 0$ Sill' vr i3RTr I ft V ff'- LiXtS3n(sif -' Tf " ' V V Ifr slty of electing a President next Feb ruary. In this confsst, the votes of 13 states were necessary to a choice be tween Qulncy Adams and Jackson. Adams was sure of the unanimous votes of the six New England states and of a majority In New York, Mary land and Ohio. Before It began its work a great scandal brewed in the House, there being charges and counter-charges of much bargaining and trading of votes. A. Philadelphia Journal published an alleged letter which accused Henry Clay of having offered his votes in exchange for the state portifollo, and Clay came back with the statement that the writer was "a base and InfamouB caluminator, a dastard, and a liar." Many other mem bers of Congress had to write letters of explanation to constituents. On the first ballot Adams was elect ed by the House, receiving 13 votes to seven for Jackson and four for Craw ford, Clay having been squeezed out of the running because the Constitu tion now limited the balloting to the candidates receiving the three highest electoral votes. Jackson's followers swallowed their pill with difficulty, and many urged a further amendment of the Constitution to prevent a repeti tion of what they termed a National calamity. The next excitement of this kind was in 1837, when the election of the Vice President had to be thrown into the Senate. In the previous campaign R. M. ("Dick") Johnson, Van Buren's Democratic running mate, ran behind his ticket, receiving only 147 electoral votes, whereas Van Buren had 170 and a majority. A majority was lacking, however, in the case of Johnson, whose rivals for the Vice-Presidency, with Fact Story of Plucky "Hotstiff" and ed down the trail for the ranch, there wasn't a lion living that could catch him. Should it come to a race I reckoned to beat the lion so badly that I should pull him off his feet and choke him. To decide what to do took me hardly the time necessary to unsling the rope from the saddle. After throwing out the loop to be sure there were no kinks In it, I urged Hotstuff toward the beast. The Hon resented my approch by snarls that were quite terrifying to the pony, and It was with difficulty that I could get him within roping distance; in fact, it was only by riding in a circle and gradually working nearer at each cir cuit that I was finally able to make a throw. The Hon must have been very hungry, for he was loath to leave his warm meal, and, thought he skillfully dodged the loop several times, I finally suc ceeded in land it sqifarely around his neck. At the first jerk he reared him self upon his hind legs, clawing des perately at the rope, but soon found this was useless. The pony could with difficulty be restrained, owing to the terror inspired In him by the clawing, snarling beast at the end of the 40-foot rope. Having securely roped the Ion, I was curious to know Vhich way he would Jump. Hotstuff. however, bad not curi osity on the subject; he plainly did not like the Job and was anxious to get away. In his terror he Jumped and whirled around, and In shifting the rope behind me. to get It on the op posite side of the pony. It caught under his tall This started the fun at once, for it was something he never could stand, so. giving one squeal and a jump, he was off. bucking as hard as he knew Granger, Whig, 77; John Tyler. Whig, 47, and William Smith, Democrat, 23. The Senate elected Johnson. November May Not Decide. Whether the next election is to be thrown Into the House may not be known in November next. Whether some of the electors listed on tne old party tickets will vote for the promised new party's candidates may not be known until the date when the. electors meet to cast their ballots. The voters will, on the first Monday In November, choose, the electors who, on the second Monday in January, will meet In their respective states and bal lot for President and Vice-President. All parlies concerned must then be given a chance to formally contest the electoral vote, and, through their own tellers, have a hand in counting it. Messengers having been sent to Wash ington with the electoral votes of each state, the casket containing them will on the second Wednesday of February, be unlocked by the Vice-President in the presence of both bodies of Congress brought together In the great hall of the House of Representatives. If there has been any contest over the choice of the electors In any state a certifi cate showing how the contest has been settled must be forwarded by the Gov ernor to Secretary of State Knox;, who must then publish the certificate in some "publlo newspaper" and send copies to the two houses of Congress. Having unlocked the electoral votes from the casket, placed upon his desk, Vice-President Sherman will hand them to the tellers, seated at the desk below him, these gentlemen having been pre viously selected by their respective par ties in each house. After having read the count as estimated by the tellers, the Vice-President will ask for objec tions, and if there be none he will add: "This announcement of the state of the vote by the President of the Senate Is by law a sufficient declaration that Is elected President," etc. . The Procedure In Detail. And here is the procedure which, if precedents are observed, will be fol lnweri In the event that no candidate In next November's election is found. by this count to have received a ma jority of the electoral votes: The Senate having retired to Its chamber, the House of Representatives would beein action with a roll calL This having shown that a member oi His Feat in Dragging an how. He fairly outdid himself, and that is saying a lot. To be sure that I shouldn't lose the Hon. I had, before starting, looped the rope around the horn of the saddle, and the pony kept me so busy tht I had no time to release it. Everything might still have gone well had not the pony been so overcome by his terror of the lion and his indignation at having the rope under his talL As It was he care lessly stepped into a prairie-dog hole, and down we went with a crash. I was thrown clear of the saddle, turning somersault, and landed on my back. For a moment I was dazed. When I realized what had happened, I saw the Hon was about 10 feet away, struggling to loosen the rope, which was choking him. "Hotstuff" scrambled to feet none the worse, and, getting another glimpse of the lion, started off like a shot. At the first jump the pull of the rope Jerked the big cat through the air as though he had been thrown by a cata pult. He came straight for me, his mouth wide open and every claw out its fullest extent. He was looking for something to grab hold of, to stop the rush of the awful thing that was chok ing him. I must confess that the apparition of the great brute sailing toward me through the air, all spread out, so to speak, was startling. I didn't wait for a second look, but rolled over and kept on rolling. - I have a vivid recollection of a hor rible mouth from which there issued a blood-curdling yowl, the hot breath on my face, and the swish of a big paw armed with claws, as the beast made a swipe at me. He missed me, luckily, but I received a sharp rap from the end of his tall as It whipped by me. members from two-thirfls of the states are present, the House would Imme diately proceed by ballot to choose a President from the three candidates. In case none should receive the vote of a majority of all the states on the first ballot for a President without in terruption by other business until a President is chosen or there is a hope less deadlock remaining unbroken un til March 4. The doors of the House would be locked during the balloting, except against its officers and members of the Senate. At the request of the dele gates of any one- state the galleries could be cleared. From the commence ment of the balloting until an elec tion were completed no proposition to adjourn could be received unless on the motion of one state, seconded by another, the question being finally de cided by the vote of states. In balloting for President the follow ing procedure would be followed: The representatives of each atate would be arranged and seated together, beginning with the Maine delegation, seated at the right hand of the Speak er's chair and thence proceeding around the hall of the House with the other delegations seated in the order In which the states are usually named In the pro ceedings for receiving petitions. Ballot Box for Each State. A separate ballot box would be pro vided for each state delegation, which, if necessary, might appoint theirs. As the clerk of the House called the roll of states the sergeant-at-arms would present to that state's delegation two ballot boxes, one for ballots and one for a duplicate of the same ballots. The sergeant-at-arms would then carry one box to one set of tellers and the other to another. One representative from each state would be appointed by Its delegation as a teller. These 48 tellers would, then divide themselves Into two sets, each assigned to a sepa rate table, which would be in marked contrast with the arrangement at the House, when there were only eight In stead of 24 tellers at each table. The count of the original set and du plicate set of votes must agree at each balloting. Each ballot would be reported to the House and announced by the Speaker, and as soon as a ballot showed a majority for one candidate, the Speaker would declare that candidate elected. A message would then be sent to the Senate, forthwith, communicat Enraged Beast for Miles to The next Instant he .started on another prodigious leap as "Hotstufr" tore on down the trail straight for the bronco busters' camp. For a while the brute kept his feet fairly well but I knew that "Hotstuff" would never stop while there was anything like a live lion on the end of that rope. . It seemed but a moment when I heard yells and then some pistol-shots from the camp. " After pulling myself together and picking a bunch of spines from my side, where I had In my haste rolled over a mass of prickly pears, I got on to my feet, feeling pretty stiff from the Jolt I received. Then I hur ried down to the camp to see what had become of "Hotstuff" and my lion. I found that the pony, evidently for getting the etiquette of the range, had charged directly through the camp, which was Just waking up. Some of the men were .crawling out from be tween their blankets, others were roll ing up their beds for the day. The cook, "Sourdough" Johnston, was pre paring breakfast, but Hotstuff paid no attention. He had urgent business at the home ranch and was going there by the shortest route, regardless of anybody's opinion. He was taking the lion with him, and he was in a hurry. When I got to the camp things were in a hubbub. Some of the men were rolling on the ground in paroxysms of laughter, while "Shorty" Woods was making a contortionist of himself, try ing to survey the damage done to the rear portion of his shirt and trousers, which had been nearly torn oft him. "Sourdough," the cook, was audibly cursing a certain big cat as he en deavored to start another fire. It seems that Hotstuff was on them before anyone saw him. The sudden rush Into oamp of a bucking, fear- ing the result, and a committee of three Representatives would be Immediately appointed to apprise, first President Taft. and then the President-elect (should he be another candidate), of the 'outcome of the contest. Should some member of Congress con est the coming electoral vote during the procedure of counting it in February, as described, this would be the process: Upon the Vice-President's calling for objections, Senators and representa tlces could present them, but they would have to be made In writing and signed by at least one Senator and one Representative. Such objections could properly arise only over such a question as which of two state authori ties could properly determine what electors had been chosen. No regu larly given electoral vote from any state where the electors had been law fully certified to, and where only one return had been received, could be questioned. The objections being re ceived, the two houses would separate, the Senate returning to its own cham ber. The majority of one house alone would not be sufficient to reject the returns from any state, but both houses would have to vote the same way, and they would have to do this within five days after the first meet ing of the two houses, or no recess would thereafter be allowed until the matter was settled. There Is no pros pect, however, of such tactics being resorted to except in a case where the electoral vote was very close and where the party seeking a reversal of the Indicated vote had a majority In both houses. Electoral Commission Method. Such a contest would not, therefore, have to be settled by an electoral com mission, such as straightened out the Hayes-Tilden tangle following the election of 1876. So uncertain was the result of that election that thought ful men In Congress, foreseeing great trouble over the approaching count of the electoral vote by the president of the Senate, got to work early in the Winter and passed a law providing that in case there should be more than one return from any state its vote should be decided by a commission of 15 mem bers. Each house was authorized to elect five members of this body by oral vote, and with these were to sit four Justices of the Supreme Court, who wai-a to select a hilh juaiigo . MOUNTAIN LION Its Death. crazy pony, the yowling lion follow- ing wun immense vuuuua, " t' eagled. Its mouth wide open and Its eyes starting from Its head, was start ling to men who had Just rolled out and were not yet fully awake. They didn't stop to find out what it was all about they Just fled. In his haste Shorty, tripping over his blankets, had fallen flat on his face right in the path of the on-rushlng animals, and the lion. In one of his Involuntary leaps, had landed squarely on his back. Being the first soft thing the cat had hit since he had started on his skyrocket ca reer, he grabbed hold with all his claws, but before he had a chance to get well settled he was yanked oft again, for Hotstuff had no time to stop and rest, no matter how the lion felt about it. In leaving the lion took most of the clothes worn by the man who had formed auch an easy landing place for him. "Sourdough," In his anxiety to give the fear-crazed brutes undisputed and complete freedom of the camp, had up set the coffee pot Into the Dutch oven, wherein he was frying meat, and In his haste to get away had fallen over that and dumped the whole thing Into the fire, putting it out Hastily picking himself up out of the mess, he did not stop running until he was safely be yond the reach of the horse and lion. Upon arriving in camp I asked If anyone had seen anything of my Hon. Hearing this inquiry. Shorty began to curse mo, wanting to know what In the name of all that was holy I meant by sending "an all-fired abomination like that into camp to tear all the clothes off a decent man and frighten him out of two years' growth." In which Indignant protests he was en couraged by big Sam Mathers, the with them, and the senior 'ustlce se lected was to preside over the entire commission. Such a committee of physicians was forthwith appointed to alt upon the body of Tllden and determine whether he was politically dead or alive, and thus we have the famous "electoral commission." It consisted of eight Republicans and seven Democrats, the fifth Justice chosen by the four ap pointed Justices making the odd Re publican. It met February 1, 1877, and deliberated upon the legality of dis puted returns for a month, the Joint session of Congress not meeting until March 2 to witness the canvass of the electoral vote by the president of the Senate, who, on the basis of the findings of the commission, announced the election of Hayes and Wheeler. It was the country's widespread dissatis faction over this arrangement which caused the passage of a law providing that the states themselves should de termine contests of their electoral votes, but allowing that an appeal may be taken to Congress in case of such complications as would warrant the above mentioned objections of members during the next official count. In considering all of these possi bilities which may arise between elec tion day in November and inaugura tion day, next March, bear in mind one Important fact one now frequently emphasized by the Roosevelt partisans that no law save the unwritten law of party loyalty can prevent any Re publican electors voting for a pro gressive or even a Democratic candi date. Once in our history this has Oc curred an elector failing to vote for the nominee of his party. This was In 1820, when James Monroe received All of the electoral votes but one. This solitary ballot was cast against him by a New Hampshire elector of his own party, who had conscientious scruples against any candidate receiv ing such a tremendous honor as the unanimous electoral vote of the states. (Copyright, 191J, by John Elfreth Wat kins.) tin., hii-tur." who had recovered from his paroxysms of laughter at what ha called Dnony buuujo.u For a while poor Shorty failed to sea the funny side of the affair and he told Sam so emphatically. "That's because you ain't standln where I am," retorted Sam. When good humor was finally re stored I borrowed a saddle, threw It upon a pony and hurried down the road after the runaways. When I ar rived at the ranch I found Hotstuff In the corral, still breathing pretty hard and trembling with nervousness and fright. A casual examination showed that he was none the worse for his unusual lion-hunting experience. It seemed to me that I could see a re proachful look In his eye as he watched my examination. No doubt he was won dering what sort of a friend I was to tie him to that terrifying thing and then desert him to fight it out alone. I couldn't explain it so that he could understand, but I patted and stroked him until he was calmed. I felt really sorry for the noble little animal. Stretched out In the corral lay the lion, stone dead. The boys were eager ly measuring and examining him. He was somewhat bruised and scrarfd In places where he had hit the ground in his mighty bounds. Naturally I felt . proud of having captured a Hon single handed, but pride goes before a fall, for I entirely failed to get the boys to see that I was entitled to any credit whatsoever. While they were quite willing to admit that I threw the loop over the lion's head, that's all the par ticipation they would allow me the pony had done the rest, they said. He had brought the lion into the ranch alone and unaided, they told me, and therefore all the glory belonged to Hotstuff. J. E. H.