The Washington herald., 1909-03-08
Editor The washington Herald:

Editor The Washington Herald:
Referring to comments, editorial and
otherwise. upon the current topic of con-
versation-change OF date Of inauguration
impression appears to be general and
common that remedial legislation in the
form of a constitutional amendment
changing the date from March to April
30, or last Thursday in April. as proposed
by some as more satisfactory. is ali that
Is required
The actual date or day Of the inaugural
ceremonies is a mere matter Of legisla-
tion, that can easily be arranged by Con-
greSs when the graver and more difficult
questions have been decided.
There is no direct specification in the
Constitution that the 4th Of March shall
be the inaugural date. The inference that
this date was understood and had been
agreed upon when the Constitution was
adopted and the government under IL was
established Is found in the last sentence
OF paragraph of the twelfth amendment,
adopted as part Of the original Constitu-
tion and law OF the land in 1904. which
specifies who shall assume the Office OF
President, when In case of tie vote the
House Of Representatives has failed TO
select President before the 4th OF March
next following such election.
Set Date Named.
The manner of electing the President
was provided for by the Constitution.
The Continental Congress named the day
when the electors should vote. the day
on which the votes should be counted.
and the day on which the term Of the
FIRST President should begin. These dates
are found 10 have been the first Wednes-
day in February, l7S9. and the first
day in January, 17se, the first wednes-
Wednesday in March. 17ss. respectively.
The first Wednesday in March. I7S9 fall
ing on the 4th day OF the month, and the
length OF the Presidential term being a
period Of four years, March 4 has con-
tinued to be the inaugural date. although
the first President did not take the oath
OF once until the last Thursday in April.
which occurred on April 30, 17SS. Delay
was due TO the fact that owing 10 primi-
tive modes Of travel in those days. wealth
er conditions, and lack Of proper news
facilities, the result Of the election had
not been determined until early In April
17S9. and the new President was not no
tilted until April H. I7S9
Clause /, Article IL OF the Constitution
states; He (the PresidentJ shall hold his
office during the term Of four years.
Clause Z. Article III. provides: The Presi-
dent shall at stated times receive for his
services a compensation. which shall
neither be increased nor diminished dur
ing the period FOR which he shall have
been elected.
The proposition OF changing the inau-
gural date therefore involves the length
ening Of the term Of the President, result
ing in q corresponding increase in the
salary for the period for which he was
elected in conflict with the provisions OF
the Constitution above quoted
The present Chief Executive having
been elected for a term of four years,
beginning March 4, 1903, no legislation
enacted during his term can increase or
lengthen the period for which he was
elected. His term must necessarily end
March 4, 1913. The succeeding admins
tration may, however, be authorized 70
extend to any date agreed upon in 1917
by proper amendment. proposed and
passed by a twO-thirds vote Of both
Houses OF Congress. and ratified by the
legislatures OF three-fOUrths or the sew
eral States. or by convention in three
fourths OF them.
Points to Be Covered.
The points to be covered are:
L Period OF extension OF term, l. e.,
time from March 4, present date. to
date agreed upon. An amendment TO
clause /. Article II. lengthening term OF
President for specific case only.
. Modification OF last sentence in par
agraph one. twelfth amendment, strik-
ing out Marca 4 as date OF assumption
OF Office.
3. Provide legislation for additional
compensation made necessary by length
ening OF term.
No legislation other than that showing
z radical departure from CT disregard of
the principles Of the Constitution as il
stands to-day can change the inaugural
date for 1913.
the amendment TO Iengthen the term
to apply to a particular case or instance
is establishing a precedent the conse-
quence OF which cannot be foretold. The
trainers OF the Constitution had in mind
the probability or possibility Of continu-
ance in Office OF a powerful clique or those
with a strong personal following II there
were no prohibitory clause in the funda-
mental law as 10 those enacting legis-
lation being participants IN benefits de-
rived from same. AS law is a matter OF
precedent. who can say but that the es-
tablishing a precedent in one instance,
however II may be for the common vel
fare and general good of the country at
large, In this instance. owing 10 depIor-
able weather conditions that are ever
likely TO occur on March 4-that one in
stance OF amending the Constitution may
not be referred TO In the future for
amendments that may be for the benefit
OF a class. and not the country at large;
party perpetuating itself, if powerful
enough. In office. or voting an unlimited
salary. Such conditions are but vision
ary, yet they may be a possibility.
II Is worthy or the deepest considera-
tion, therefore. whether the generally to
De regretted bad weather conditions on
Merch I, and a menace to humanity IN
general from III effects OF exposure on
such date, is sufficient to warrant an
amendment TO the Constitution-the rock
upon which our republic is founded-an
act which will be precedent for future
law. the creation Of a condition that NAV
result in the diSintegration Of the basic
law OF our nation.
A. II. sHELLENBERGER
Washington. D. c., March G. 1909.
T0nuouro %ioy, C%orr,e