Whenever the Chief Justice is unable to perform the duties of his office or the office is vacant, his powers and duties shall devolve upon the associate justice next in precedence who is able to act, until such disability is removed or another Chief Justice is appointed and duly qualified. 28 U.S.C. § 3 June 25, 1948, ch. 646, 62 Stat. 869. HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §323 (Mar. 3, 1911, ch. 231, §217, 36 Stat. 1152).The sentence, "This provision shall apply