Grand Forks herald., 1917-03-05
Of
1921 GUIDED
INAUGURATION
Chief Justice Marshal's Ruling
for President Adams Recalled
to Mind Today.
Washanrton, March

washangton, March l.-Historio
precedent written by Chief Justice
Marshall in 1921 guides the inaugura-
tion of President Wilson today. and
holds that even though March 4 has
fallen on q Sunday. there has been
no interval during which tho United
States has been without . president
as many have believed.
Il also disposes Of the popular mo-
tion that the secretary OF state has
been president for day In this in
Chief Justice Marshall's ruling was
made in q letter to John Quincy Ad-
ans, then secretary Of state ana who
later became president. who asked
for his advice.
"sir:-I have conversed with my
brethren on the subject you suggest
ed when I had the pleasure Of Sec
Ing you. and will take the liberty
to communicate the result.
"As the constitution only provides
that tho president shall take tho oath
it prescribes before he enter on tho
execution Of his office and as the law
is silent on tho subject the time
discretion Of that high officer. Thero
is an obvious propriety In taking the
oath as soon as It can conveniently
be taken. and thereby shortening the
interval in which the executive pow
or 10 suspended. But some interval 10
inevitable. Tho time Of the actual
president will expire. and that Of the
president-elect commence. at twelve
in the night Of the third Of March.
at midday on the 4th. Thus there has
been uniformly and voluntrily an in
terval Of twelve hours during which
the executive power could not be ex-
ercised. This interval may be un-
avoidably prolonged. Circumstances
may prevent the declaration Of tho
person who is chosen until It shall be
too late to communicate the intelli-
sence of his election until after the
4th of March. This occurred at tho
first election.
Undoubtedly. on any pressing en-
ergency the president might take the
oath in the first hour Of the 4th Of
March: but 1t has never been thought
necessary 80 to do, and he has Al
ways named such hour an he deemed
most convenient. II any oircum-
stances should render It UNIT to take
the The pubic publ b business '!s would NJ % sustain Ano mo-
injury by its being deferred till the
6th, no impropriety is perceived in
deferrins It till the 6th. whether
the fact that the 4th Of March comes
this year on Sunday be such q cir.
cumstance may perhaps depend very
much on public opinion and feeling.
OF this. from our retired hapits, there
are few perhaps less capable Of FORM
ing a correct opinion than ourselves.
Might we hazard q conjecture. It
would rather be In favor Of postpon.
ing tho oath till Monday unless some
official duty should require it's being
taken on Sunday. But others who
mix more in society than we do, can
give conjectures on this subject much
more to be confide in than ours.
With great respect, I have the
honor to be
"Your obedient servant
~. MARSHALL"
This ruling Of course does not con.
fiict with the law Of presidential sue
cession which provides that in the
event of the death or disability of
both the president ana vice presidsnt
the secretary Of state or other mem-
bers Of the cabinet in order Of pre-.
cedence shall serve until congress
elects a successor.