The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1917-03-05
PRECEDENT Of
GREAT JURIST
INVOKED TODAY
pl9PosE9 OF THE POPULAR NO.
TON THAT THE SECRETARY OF
STATE WAS PRESIDENT FOR A
DAY.

Washington, March 8. - Historic
precedent written by Chief Justice
Marshall in 1921 guides the Inaugural
tion of President Wilson yesterday
and holds that even though March 4
has fallen on Sunday, there has
been no interval during which the Uni
ted States has been without a presl.
dent, as many have believed.
1t also disposea of the popular no.
tion that the secretary of state has
been president for a day in this inter
val
Chief Justice Marshars ruling was
made in a letter to John Quincy Adj
ans, then secretary Of state and who
later became president, who asked for
his advice.
Under date Of February 20, 1921.
Chief Justice Marshall wrote:
Sir:
u have conyersed with my brethren
on the subject you suggested when |
had the pleasure of seeing you and
Will take the liberty to communicate
the result.
AS the constitution only provides
that the president shall take the oath
1t prescribes before he enter 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 discre.
tIon of that high officer. There is an
obvious propriety in taking the oath
as soon rs 1t can conveniently be TAX
en-, and thereby shortening the inter
val In which the executive power is
suspended. But some interval is in.
eyitable. The time Of the actual presi.
dent will expire, and that of the presi
dentelec- commence at twelve in the
night of the 3rd Of March. It has been
usual to take the oath at midday on
the 4th. Thus there has been uniform.
ly and voluntarily an interval OF
twelve hours during which the execu
tive power could not be exercised.
This interval may be unavodably pro.
longed. Circumstances may prevent
the declaration Of the person who Is
chosen until 1t shall be too late to
communicate the intelligence of his
election antil after the 4th OF March.
This occurred at the first election.
Undoubtedly, on any pressing emor
gency tha president might take the
oath in the first hour Of the 4th 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 circumstances
should render II unfit to take the oath
on the i,h Of March. and the public
business would sustain no injury by
It's being deferred TIN the 9TH, no i'm.
propriety is perceived in deferring
1t until the 9th. Whether the fact
that the ith Of March comes this year
on Sunday be such a circumstance
may perhaps depend very much on
public opinion and feeling. or this.
from our retired habits, there are few
perhaps less capable OF forming a cor.
rect opinion than ourselves. Might
we hazard a conjecture, II would rath
er be In favor Of postponing the oath
ill 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 con.
lectures on this subject more to be
condded d, than ours.
with yery great respect. ! have the
honor TO be-,
"Your obedt sort.. ~
-. MARSHALL"
This ruling Of course, does not con.
ilict with tho law Of presidential sue.
cession which provides that IN tho
event Of death or disability Of both the
president and ylce-presldont the secre.
tary Of state or other members of the
cabinet, In order Of precedence. shall
serve until congress elects O successor.
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