Evening star., 1901-02-25
THE HEPRESIDENTSPRESEECEI
-
NOT. .r-r.'errq ro THE UNITED
STATES, a SUPPOSED.
The Written and. Unwfitten Law ON
the Question-SSnn$t Delegate
His Executive Power.

'In view of the Suggested meeting of
President Mckinley and President Diaz of
Mexico on the border OF the two countries
at Ell Paso. Tex OH the occasion of the
formers proposed trip to the Pacific coast
this summer, and in view, further, of the
attendance at the funer al of the late Queen
of England by the reigning monarchs of
several of the European countries, the
question of the right Of the President of
the United States to leave his country II
he so desires comes up said a government
official to a Star reporter.
1T is a common supposition that the
President of the United States cannot
leave this country, being prevented from
doing so by the Constitution or by statute
or that if he does leave the country, the
Vice President, if living. would become
acting President ex offcio. This is an err
roneous supposition. There is no provision
in the Constitution or in any law which
has yet come under my observation which
entails any such restriction or provides for
the absence of the President if he, chooses
to absent himself from the country.
The Unwritten and Written Law.
There is, however, an unwritten law,
probably as binding as any statute. that
the President. during his term of office
shall stick about as close to the +seat of
government in Washington as his health
and convenience will permit. The people
confound the case of q lieutenant governor
acting in the stead of the states executive
in the absence of the latter from the state,
but in this case the law permits the state
executives power to be delegated to the
lieutenant governor during the absence
from the state of the governor. The Presi-
dent cannot delegate his power as the chief
executive of the nation to another.
1.-The Constitution deals with the question
follows:
"'Artice ., section 6. In case of the re-
moval of the President from Office or of
his death. resignation or inability to dis
charge the powers and duties of said of
flee the same shall devolve upon the Vice
President. and the Congress may by law
provide for the case Of removal, death,
resignation inability, both of the Presi-
dent and Vice President, declaring what
officer shall then act as President. and
such officer shall act accordingly until the
disability shall be removed or a President
shall be elected.
Congress has acted under the latter Dor-
ton of this section, for during the Forty
ninth Congress an act was passed known
as the presidential succession act. This act
permits the members of the cabinet to sue
ceed to the presidency. beginning with the
Secretary of State and terminating with
the Secretary of the Interior in the event
of the removal. DEATH. resignation or in
ability of both the President and Vice
President. The cabinet position of Secre-
tary of Agriculture was not created at the
time of the passage of this act
Inability, Not Absence
at Will be observed that the word abb
sence' does not occur eithhr in the Const!-
tuition or the act as if dies occur in the
constitution of the different states, and in
the charters of cities, IN. the event of the
absence of the mayer from the city. In
ability to act cannot, 70 my mind. be con-
strued to mean absence, and whether 1t
would so mean woultAdepend upon the de-
cision of the Supreme Court Of the United
States, which body, If L am not mistaken,
has not yet passed upon the question.
The inability referred to undoubtedly
means the inability which would arise
should the President become so seriously III
that he could not for a period perform the
functions of his office, as was the case Of
President Garfield for several months prior
to his death. 1t would arise if a President
were to be stricken with paralysis. insanity,
softening of the brain or any other of the
known diseases which are in effect practl-
cally mortal.
inability would arise. for the reason that
he still possessed the ability to act, some
what remotely. it is true, but he could nev-
ertheless act; and since there Is no lawful
restriction upon his residence, he could sign
such state papers he desired, none,
and leave the rest unsigned until he re-
turned. He would not in all probability
avail himself of the privilege of an Euro
pean Mexican Canadian tour at all, and
certainly not during session of Congress,
when his presence is desired a the seat of
government to sign bills passed by that
body: but If he were to go at such time
there is a provision Of the law covering the
case which provides that all bills not signed
or vetoed by the President within ten days
from their passage shall become laws with
out his signature.
The Case of Other Rulers.