Evening star., 1902-03-04
ORDER OF PRECEDENCE
EXECUTIVE AND LEGISLATIVE
DEPARTMENTS DIFFER.
Secretary Hay Refuses to Interfere
The Ambassadors and Supreme
Court Justices.

There seems to be an irreconcilabe diff
ference between the executive and legisla.
tive branches OF the government in the
matter of the order of precedence between
foreign ambassadors and members OF the
Tn, -,eo States Supreme Court. On all pubic
occasions, where the president or the ofi-
GERS of the executive branch have charge,
foreign ambassadors are always given pre-
cedence over the Supreme Court justices,
but on all public occasions under the direc-
ton OF either or both houses OF Congress
the members of the Supreme Court are
given priority. AS the executive and the
legislative branches are each absolutely su-
preme in its own province and neither
can dictate to the other In any matter out
side OF its own special bailiwick. II is prac-
tfcaNy impossible to reconcile any differ
ence of opinion, like the one in question.
without the harmonious acIion Of both. In
the present case neither branch shows the
slightest disposition to yield to the other
and consequently tnere is no known method
of determining the point at issue.
The representatives Of the executive al
ways give the first place to the foreign am
bassadors the well-known ground that
those officials are the personal representa-
tiVeS OF their sovereigns and should be
treated accordingly on all public occasions
in which they are invited to participate.
The members of the Supreme Court are
very sensitive of their alleged rights In this
matter and are supported In their conter-
tion by the Congress. The main ground of
this contention is that the judiciary Is
one Of the coordinate branches OF the gov
crnment its principal representatives should
have rank above all other officials except
ing the President and Vice President. 1t
was In ACCORDANCE with tiIS construction
tnat the Supreme Court justices were given
precedence over the foreign ambassadors at
the Mckinley memorial ceremonies at the
Capitol last Thursday. A similar plan was
followed in the ceremonies at the Capitol
at the inauguration of President Mckinley.
In all state functions at the White House,
including the New Year day reception the
precedence between the two bodies named
is always given to the ambassadors. and
that course will continue to be followed re-
gardesS Of the contrary practice which OBJ
tains at purely legislative functions Sec
rotary Hay has been appealed to to reconcile
these practices by the establishment OF a
definite order of official preced dence. but
recognizing his constitutional limitations In
any question affecting the legislative
branch of the government, he has politely
declined to attempt to do so except in SO
far as the executive departments are con-
cerned.
puL.ic official who has devoted consid-
cradle thought to this subject says that
according to all rules of etiquette observed
by foreign governments, and usually OBJ
served here the order of precedence should
be as follows:
The President, Vice President ambassa-
doris. chief justice OF the United States SUI
preme Court. President OF the Senate,
Speaker OF the House of Repre- sentatives.
justices of the Supreme Court members
of the cabinet, foreign ministers, Senate,
House Of Representatives.