Clovis News-Journal from Clovis, New Mexico on July 11, 1965 · Page 6
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Clovis News-Journal from Clovis, New Mexico · Page 6

Clovis, New Mexico
Issue Date:
Sunday, July 11, 1965
Page 6
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Page 6 article text (OCR)

OLOVM gmfey, lily 11, IMft, *•§• • Presidential Succession: An Enigma For 124 Years WASHINGTON (UPI) - Be- its duties. This interpretation raised no real :ause John Tyler was sure in 1841, Thomas R. Marshall was casY'of "the* death ,n doubt in 1919. As a result, ident Congress In 1965 finally has But it did appear to drawn new guidelines for the I that no President, even question in the of a Presi- mean if too delicate but vital business of ill to work, could turn over his transferring presidential ,n times of crisis. power Final congressional approval Tuesday of the proposed 25th Amendment to the Constitution completed the first step toward clearing up a dispute that began April 4, 1841, when William Henry Harrison died of pneumonia after serving one month as President of the United States. Hl» vice president, Tyler, took the oath of office as President two days after Harrison's death and served out the four-year term. He was the first vice president to succeed a President in mid-term. And he was regarded by some at the time as a usurper. Sen. William Allen of Ohio, for one, said Tyler should have taken over the powers and duties of the office as acting president, but not the title. But Daniel Webster, Harrison's secretary of state and a man of towering prestige at the time, said Tyler became President when Harrison died. Saw It As Precedent Allen and Webster did agree on the consequences of Tyler's decision to take the title and office of President rather than just its' powers and duties. They saw it as a precedent that would establish the vice president as President whenever he took over either the office or authority and duties to a vice president and reclaim them later. The Tyler precedent seemed to say that the transfer of authority was irrevocable. Since Tyler's time, seven other vice presidents have become president. But a vice president never las taken over the presidency on a temporary basis. At least twice since 1841, the Tyler precedent has had a part in >reventing a transfer of power rom a stricken President to a vice president. The first time was in 1881, when James A. Garfield was mortally wounded. He lay dying for 80 days, but vice President Chester Allan Arthur declined to pick up the reins because of the prevailing opin ion that such action probably would oust Garfield, even if he recovered. Arthur became President only after Garfield died Wilson Suffers Stroke Woodrow Wilson's paralytic stroke in 1919 provided an even clearer example of the prob lem. He clearly was unable to discharge his duties for many months, but his wife and White House intimates refused 'to admit it. Vice President Thomas R. Marshall feared any attempt to take over the President's duties would be denounced by Wilson's drifted for 17 months without eatJershlp from the White House. So far as Wilson was cerned, Marshall's fears were ustified. The President recovered partially before his term ran out. and angrily fired Secretary of State Robert Lansing for convening Cabinet meetings without his permission. rab for power. He went about ,the new amendment, the Presi is regular business. Bills be ame law without Wilson's sig- ature, the Senate rejected the dent could declare himself unable to carry out his duties and turn them over to the vice presi dent, who would he "actini Under both methods, the ble, if not already in ses-icases. If Congress could not de- President himself would decide lion, and 21 days to settle the cide in three weeks, the Presi- Versailles peace treaty ending World War I and the nation president." Another method, tc be used in the event that the President was unconscious 01 absent, would be con- president, with for the vici the writtei agreement of a majority of thj> cabinet, to declare the "' ' Executive disabled and over as acting president. when he was ready to resume >question. power. He would need only to give the vice president four days notice of his intention. Favors Elected President In its ground rules for settling such a serious dispute, the dent would resume without its backing. his powers If the vice president and a amendment tips the balance in Ike Takes 111 President Dwight D. majority of the cabinet believed the President still was disabled they would have to inform Congress of their determination during the four-day waiting period, take The House and Senate then iwould have two days to assem- favor of the elected President. It would take a two-thirds majority in each house to keep the vice president in office over the protests of the President. This is the same majority required In addition to the 180-year-old problem* of succession and disability, the amendment deals with a situation that has developed in recent years. The vice presidency originally was established as a "stand by" office, with the holder of the office empowered to do lit- 5enate and break its tie votes. But in recent years, vice prel£ dents have been given vttal \\ jobs in the operation of the fW- era! government. When tbt_4t* flee Is vacant, as it has toftn for 37 years since the founding for conviction in impeachment I tie more than preside over the of the republic, vacuum is felt. a leadership But the provision for filling vice presidential vacancies probably will make the succession law a dead letter. Eisen- Priest Handcuffing Culminates Long Feud associates and the public as a Pre-Market Lamp & Accessory SALE CONTINUES All Maple Accessories and Occossional Tables No. 10 Hilltop Plaza Shopping Center Phone 763.7391 hower was taken seriously ill three times in eight years. Concerned about the nation's safe- of the dusty ty, he went ahead on his own front of his lo arrange with Vice President Richard M. Nixon to take over if it became necessary. Presidents John F. Kennedy and Johnson have used the same device. But even this agreement was under a cloud — H provided for the President to resume office when he felt fit to do so. And many officials, including former President Harry S Tru- Pueblo, man, felt the Tyler precedent made that impossible. The current drive for a new law to clear up the disability dilemma began with Eistnhow- r, who urged Congress to act Defore a situation arose that eopardized the safety of the nation. Congress could not agree, but then Atty. Gen. Her- >ert Brownell kept working on .he problem even after returning to private life. Brownell, working through the American Bar Association, played a leading part in pushing for action on the proposed constitutional amendment now be- ng dispatched to the states 1 for ratification. Sen. Birch E. Bayh Jr., D-Ind., and Rep. Emanuel Celler, D-N.Y., carried the ball n Congress; Brownell lined up the legal profession. Confirm Tyler Precedent The amendment would confirm, In constitutional law, the original thrust of the Tyler precedent. Its first section says that when the President dies, resigns or is removed from office, the vice president becomes President. But the amendment goes on to clear up the doubts raised by the Tyler precedent. It provides the methods under which an ailing or absent President's duties may be taken over on a temporary basis by the vice president. Under the first procedure of ISLETA (UPIV- The old In-1 dian man stood in the middle road passing in Grumbled adobe house, clenched his fist and exclaimed, "even in Russia I know damn wall they don't tie up and handcuff a religious man, and it shouldn't have happened here. I am ashamed.' The old man spoke of 1613 by a Pranciscacn missionary. Sharp Contrast The twin-towered church looms above the bleak, flat-tot ped buildings of the pueblo. It's gleaming while walls are in sharp contrast to the dingy buildings which surround it. It is a bit of freshness in a jum- a | bled mess of stale poverty. strange and shocking event — Legends dating back to bloody the eviction of a Catholic priest, Indian uprisings of the 17th cen- Msgr. Fredrick Stadtmueller.jtury surround the church—leg- from his parish at Isleta Indian ends which add to the religious So in the bitter battle at Isleta there are two factors: There is a personal battle between a tough, scar-faced Indian governor responsible for the administration of the pueblo, or "town," and a strong-willed German-born priest. experts say a high water table and sandy soil brings about thr occurence, which last happened in 1959. Has Backers The priest is not without his backers. Sefrino Arieta, a farm er who has lived at Isleta for And there is the age-old con-! 59 years, says the conflict flict between the Indian religion should not have happened. "Our and the Catholic religion im-\Sovernmeni is full of crooks posed upon the Indians by force ar)ci racketeers," Arieta said. by harsh Spanish missionaries "There are liars and dishonest and soldiers of the 17th century. People running our Pueblo." Superstition too enters into Pat Lucero says he has seen ably eventually will be the peacemaker. Archbishop Davis gained reknown when he fought birth control in Puerto Rico during the 1960 presidential election campaign involving the late President Kennedy. Several years ago Msgr. Stadtmueller was asked why he kept a large collection of firearms in the rectory. "You never know when there is going to be uprising," the superstitions of the Indians, the: the conflict. The Indians hold Abeita and the monsignor argu- plied laughingly. another Indian monsignor re- On Sunday, June 25, moments underlying cause of the strifeitheir old traditions dear, and ing many times before. "It is after he finished saying mass,, between_Msgr. Stadtmueller and • some of his parishonrs. Msgr. Stadtmuller has made Msgr. Stadtmueller was hand<Juf fed and led from historic Aligns-, tine Church by Isleta Pu- no bones in the past about his objections to some of the Indian do not want outsiders interfering. eblo Gov. Andy Abeita. Abeita's action was the culmination of a long-standing feud between a segment of the Pueblo's Indian populatio and thedh German-fcorn priest. It marked a new chapter in the long religious rites - terference with ous cermonies. - and their in- his own religi- In 1962 lie allegedly told the when asked if From time to time a coffin, containing the partially preserved body of Fray Juan Padilla, who died in 1750, is pushed upward through the floor beneath the church altar where he is buried. This adds to the super- deeper than religion," Lucero said," but I don't know what.' Controversy also arose when Abeita named his son Pablo as Pueblo police chief. But a move to oust Abeita by impeachment was an apparent failure. Caught in the middle is Arch- .bishop James Peter Davis of stition of the Indians, although Santa Fe, the man who prob- The uprising now has occurred and the monsignor no longer is laughing. SASSER Western Wear LEW, LEE RIDERS . .'". AM> WRANGLERS 511 MAIN 8<irikers Due Hearing ALBUQUERQUE (UPI)-The cases of some 80 Navajo Freight Line drivers fired during a "wildcat" strike at Albuquerque and Tucumcari will be studied, today. company officials said and reli- that this was so. "I will spell it out so that you will not misunderstand me," he was quoted as telling the council." Y-E-S, it is my duty." Tempered Religion Catholicism in the Indian Pueblos of the Southwest is tempered with a mixture of ancient Indian ritual. Indian dances are held at many of the 18 pueblos in New Mexico following Mass on Christmas and Easter. After Emil Zwelzen, labor relations j bloody revo it s the early Span- director for the company, said the firm would consider the cases of drivers who contend they were not indirectly involved in the walkout which began Saturday and ended Wednesday. Kenneth W. Allen, N a v a j o western regional manager, said "we're running our loads and hiring new drivers." Navajp obtained a temporary restraining order against the 53 dissident drivers and the firm and union officials agreed to negotiate the difficulty. 12 DAYS FREE EARNINGS ONLY 1 MORE DAY TO GO.., THAT'S RIGHT, FOLKS ... ONLY 1 MORE DAY TO GO TO GET ON FIRST FEDERAL'S 12 DAYS FREE E A RNIN GS AT 4 1 /2 % PER YEAR . ,. SOUNDS GOOD DOESN'T IT? MONEY PLACED IN AN INSURED SAVINGS ACCOUNT AT FIRST FEDERAL BY TOMORROW, JULY 12th.. WILL RECEIVE EARNINGS FROM THE 1*t ON SAVINGS REMAINING OVER FIRST FEDERAL, NEXT DIVIDEND PAY DAY... SO DON'T DELAY ... TRANSFER YOUR FUNDS TODAY ...TO FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION ...OF CLOVIS . . . ASSETS EXCEED $48 MILLION — SECOND LARGEST SAVINGS AND LOAN ASSOCIATION IN NEW MEXICO — WHERE THOUSANDS SAVE $ MILLIONS. REMEMBER: Where you save does make a difference. ish missionaries decided compromise and allow a strange blend of their own religion and the ancient Indian ritual. This compromise existed in most of New Mexico until the arrival of Msgr. Stadtmueller at Isleta. Isleta officials contend that for almost 300 years church officials cooperated, and in fact sponsored, many of the colorful quasi - religious celebrations. They say no priest prior to Msgr. Stadtmueller interfered. But Msgr. Stadtmueller not only has refused to cooperate, Abeita and his followers say, but even has tried to stop some of the historic Indian practices. They say the monsignor has referred to their practices, which they hold in great reverence, as "hathen" and "stupid." The Indians say Msgr. Stadtmueller has refused to participate in the "blessing of the fields," a ceremony vitally it important to the Indians and one in which previous priests! participated. 1 Abeita said last Easter Msgr.! Stadtmueller attempted to for-, cibly remove barricades set up by Pueblo ofiVials to keep cars from the plaza in front of the mass, in preparation for Indian: dances. Mspr. Stadtmueller i wanted the cars to park in thej plaza for Mass. ' Covers Dance Area The Indians contend one of the key acts which brought about the demise of Msgr. Stadt mueller same when he cowered the traditional dance area in front of the church with concrete. T5ie Indian belief requires dancers to be in contact with the bare earth and the concrete makes it impossible for them to use the traditional ceremon- ! ial area. ^PFMW - — »-- "•• —" —*>«a POUND MINIMUM '1.50 COIN OPERATED DRY CLEANING POUND NEW HOME OFFICE Bl'ILDING NOW LNDEB CONSTRUCTION AT 801 FILE ST., CLOVIS Home Office 4ln i- File Sts. 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