New-York tribune., 1908-02-10
AD INTERIM PRESIDENTS.

AID INTERIM PRESIDENTS.
We publish in another column Of this issue
latter from q reader in Washington In which
the claim. asserted recently in various news
paper publications, that David n. Atchlson OIL
Missouri, was for one day President OF the
United States is exploded by quotation from
tho executive journal Of the United States
Senate The origin of the Atchison myth Is
simple enough 1t is based on the sound
enough contention that the Senate is continu-
inc body. and on the further altogether unsound
contention that an officer named as president
pro fempore of the Senate must exercise con
tinuing functions, and therefore, IN any lh'ersa.
elapsng between the expiration OF the term Oh
one President and ce-President and the III
aug,1ration of new President and Vice-Presi-
dent. must have been, under the old system OF
succession. virtually and legally aa "t'"'
President Of the United States.
This of course. is fantastic theor1zlng. Ihefe
have beeh several occasions in our history
when. March falling on Sunday, Presidents
elect have waited until March before taxing
the oath of office That was what happeneu III
1919 President polks term expired on sat
urday March 3 President Taylor was not III
augIrated until Monday March D. MI Atch'-
SOP was president pro tempore or the SENATE
for the session ending March 3. 1S49. Ihere-
fore it has been contended that between Marcn
3 and March : he was at least CONSTITUENCIES
President. 1t happens. however, thaI MI
Atchisons own term as Senator expired oh
March 3 and before he was reelected presl-
don't nro t.,pp0re of the Senate on March ne
had to ouaIifv under his new credentials he
was therefore lust as much or just as llltie
Senator on March 4 as General Taylor was
President and Mr.. Fillmore Nlce-Presluehl.
His qualification as president pro 1e"'poio vi
the Senate preceded by only a few minutes tne
qualification of Mr.. Fillmore as N1ce-President
and General Taylor as President 1T "oui"
he inst as valid TO say that MT Fillmore was
President for an interval of time on March D
bncause he took the oath Of office before zen
cral Taylor did as to say that Mr. Atchison was
similarly President because his installauoh
nrecadad Mr. F'illmore's by few minutes
Rut eyen if Mr. Atchson's term had not eH
nired and if the Senate had previously eiec.e"
him president pro tempOrc-as II mao hot-io
, parjod long enough to cover the lhter'di oe
tween the two Presidential terms, lie "ouiu
have had no valid claim TO be recoghIeu a7
President in csse. He would nave peen 1851
dent in posse so long as he was presldeh' p'o
tc,n,ore of the Senate but no more on one
March 4 than on any other. The ola success
sion law qualified him to succeed to the fresi-
dancv on the removal death, resignation or III
ability Of the President and Vice-Presldent- but
on March T. 1S49 both a President ana VICE
President were on hand, qualified TO assume Oh
fee and no vacancy ilable by sups.i.u'.
third in ranking order existed Tresueh'
is locally President from the time his term
berius although until he takes the oath 'he
Presidential functions are Temporarily sue
! pended He assume once at his oon
yanience without in the mean while creating
legal vacancy. A., COO
Iames Monroe was inaugurated for the sec
ona +ire on March :. 1921. Before deciding TO
nostnone taking the oath for Gay he e'n
suited with the Justices of the Supreme oouIt I
and tbev put on record informally throush
Chief Justice Marshall. their opinion on the
,oooIi+v of this procedure The letter, dated
Fehr1ary 90, 1921, is highly interesting. II
reads as follows:
As the constitution only provides that . .ne
President shall take the oath 1t presc[aoes, ue
: G t p+ar on the execution of his office, ana
as the law is silent on the subject tne I'm
seems to be in some measure at 'n6 n5x,Io1s nro
nretv in taking the oath as soon as Is can co,l
venientlv DC taken and thereby shorteI!hs .iio
interval in which the executive p.,.ab,e powJb The
nended But some interval Is inevitable. i ne Z
lime of the actual President Will expire ana tld
of the President elect commence at t"eiVe III .e
nieht of the Sd of March. 1t has oeen usual 10
+aGe the oath at midday on the 4th. Ihus there
has been uniformly and voluntarily an interval
of twelve hours during when the ei EAeGuaa ,l :, :
royer could not be exercised. ThlS interval may
he unavoidaby prolonged. circumstances may
nreyent the declaration of the person VINO Is
chosen until 1t shall be too late to communicate
The intelligence of his election until after the 4th
of March This occurred at the first election,
Undoubtedly any pressing emergency tre
President might take the oath in the fr5t houf
of the 4th Of March; but 1t has never peen
thought necessary to do SO, and he mas AWAY s
named such hour as he deemed most convenient
If auv circumstance should render 1t unht 10
take the oath on the 4th of March. and the pub
lie business would sustain no injury by Its De-
ing deferred till the 5th, no impropriety is per-
| ceived in deferring 1t till the 5th. Whether the
! fact that the 4th Of March comes this year on
| sunday be such circumstance may perhaps
depend very much on public opinion and reelng
| Of this from our retired habits, ehere are few
perhaps less capable Of forming correct opinion
| than ourselves Might we hazard a conjecture
it would rather be in favor Of postponing the
! oath till Monday unless official duty should
| require its being taken on sunday. But others
| who mix more in society than We do, can give
| conjectures this subject much more TO be
| con9ded IN than ours
| By fiction and custom March has been
| Iattery construed TO end at noon on March 4.
| But any President could postpone taking the
! oath now just as well in Marsha1rs time
| without in the least making some one of his
designated successors an I'D interim President.