The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1901-09-27
NEVER WITHOUT A PRESIDENT.

NEVER WITHOUT A PRESIDENT.
Chicago Inter Ocean: Several cor
respondents have asked the Inter
Ocean when. Theodore Roosevelt be-
anne president-whether Immediately
upon the death Of President Mckinley
or not until he took the oath-and if
not until he took the oath, whether
theUnited States was without a pres
ident for some thirteen hours. While
these questions are purely technical
and of little practical Importance, they
are of some interest.
The constitution provides that Gin
case of the removal of the president
from office, or his death, or inability
to discharge the powers and duties of
the said office, the same shall devolve
upon the vice president" Putting the
natural construction upcn these words
it would seem clear that from the
moment William Mckinley died Theo-
dore Roosevelt became president.
But there is another constitutional
provision which says: Before he
(the president) enter upon the execu-
ton of his office he shall take the fol
lowing oath or affirmation" which is
then given. Putting the natural con-
struction upon these words, it would
seem that Mr.. Roosevelt did not be-
come president until he took the oath.
Here lis an apparent contradiction,
and yet there is really non in fact.
From 2:15 a. N. on September IA on
ward Mr.. Roosevelt possessed the
right to be and actually was president.
But not until 1922 p. m. OF that day,
when he took the cath, could he ex-
ercise that right. The facts and their
distinction may be illustrated from
everyday experience.
Suppose a man whose only heir is
his son dies in possession of a piece
of land. From the moment of his
fathers death the son owns the land.
Yet the son cannot sell the land and
give a good title until his fathers
death be legally proved and certain
formalities complied with. The son
has a perfect and absolute right to
the land, but he cannot exercise the
powers that right confers until GER
tain things are done.
Hence it will be seen that the Unit
ed States was never for a moment
without a PRESIDENT by right. For a
few hours, end until he had taken the
oath, the president was unable to exc
cute his office. A similar situation ex-
isis every day in the year. When the
president is asleep he cannot perform
his duties unless he wakes or some
one wakes him. Yet nc n imagines
for a moment that the nation is then
without a president.
Nor is there now enc chance in a
million for the United States to be
without a president This was not al.
ways so. He'd General Arthur died
after President Garfield's death, and
before congress could meet, we would
then have been actually without a
president.
AS the law then stood, the president
pro tempore of the senate and the
speaker of the house were the only
legal successors in case of death, re-
moval, or disability Of both president
and vice president. Neither successor
then existed, the senate not having
| chosen one to succeed Senator Thur
man on his retirement, and the new
house not having met. These were
the facts that caused General Arthur
to take the oath as soon as Garfield
died. Arthur's life alone stood be-
tween the nation and a presidential
vacancy.
Since then the law has been chang
| ed, and now seven members of the
cabinet are designated successors to
the presidency. AS fast as those above
him die or ere permanently disabled
the next man on the list becomes pres
ident by right. And as soon as the
successor takes the cath, which may
be taken anywhere and before any
person qualified to administer oaths,
he becomes vested with all the pres
ident's power. Already president de
lure, he then becomes president de
facto. But we are never without a