The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1916-11-23
SUNDAY. March q.

Des MoiAes Register: While the
hotels and restaurants are worrying
in all the larger cities over Sunday
New Years eve, President Wilson
has stetled the question of Sunday,
March 4. He will take the oath OF
office on the day prescribed, to oD-
yiate any question of a twenty-1our
hours lapse between his two terms.
The formal. inauguration will occur
on Monday.
1t seems that back in 1921, when
President Monroe was about to enter
upon his second term, the fourth OF
March fell upon Sunday as 1t does
this year, and John Marshall was
asked about it. Marshall's letter
has been resurrected from the ancient
files, and is published by the New
York Times. The state department
will be governed by the Marshall
opinion.
What Marshall wrote is Of interest
historically as well as because 1t
settles an interesting question OF
procedure:
From Washington, Feb. 20, 1921.
Sir: l have conversed with my
brethren on the subject you suggest
ed when 1 had the pleasure of seeing
you, and will take the liberty to COM
runicate the result
"As the constitution only provides
that the president shall take the oath
it prescribes before he enters on
the execution of his Office and as the
law is silent on the subject, the
time seems to be in some measure at
the discretion of that high officer.
There is an obvious propriety in TAX
ing the oath as soon as it can con-
veniently be taken, and thereby short
ening the interval in which the
executive power is suspended. But
some interval is inevitable. The
time Of the actual president will ex-
pire. and that of the president-elect
commence, at ~ in the night Of the
third day of March. 1t has been
usual to take the oath at midday on
the fourth. Thus, there has been uni
formly and voluntarily an interval Of
twelve hours during which the exc
cutive power could not be exercised.
This interval may be unavoidably
prolonged. Circumstances may pre-
vent the declaration OF the person
who is chosen until it shall be too
late to communicate the intelligence
of his election until after the fourth
of March. This occurred at the first
election.
Undoubtedly, on any pressing
emergency the president might take
the oath in the first hour of the
fourth of March; but it has never
been thought necessary so to do, and
he has always named such hour as
he deemed most convenient. II any
circumstance should render it unfit
to take the oath on the fourth OF
March, and the public business would
sustain no injury by it's being de-
ferred till the fifth, no improperly
fifth. Whether the fact that the
fourth of March comes this year on
Sunday be such a circumstance may,
perhaps, depend very much on public
opinion and feeling. OF this, from
our retired habits, there are few. per-
haps, less capable of forming cor
rect opinion than ourselves. Might
we hazard a conjecture, it would
rather be in favor of postponing the
oath till Monday, unless some Of
fetal duty should require its being
taken on Sunday. But others who
mix more in society than we do can
give .conjectures on this subject much
more to be confided in than ours.
with very great respect, I have
the honor to be, your obedient SER
want, ]. MARSHALL.
It was reported that many catch
bets were offered before the election,
that the successor of President Will
son would be democrat, the theory
being that no matter who was
elected, Secretary Of State Lansing
would hold for twenty-four hours.
But the ghost of that theory has been
laid by the discovery OF this Marshall
Jz%@z.N - Il nj
hold for twenty-four hours in 1921, as
has been generally supposed. Meth
er would Secretary Of State Lansing
hold this year. even though Mr..
Hughes had been elected and had TAX
en- the oath of Office on Monday
-Advertise In The GAfA City.