The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1917-02-27

! senate became president, if both the
president and vice president died
were removed, resigned or were IN
able to serve. Consequently many
incorrectly have claimed that David
Atchison. senator from Missouri al
that period president pro teinpore Of
the senate, was president from March
4. 1915, to March Of the same year
Such was not the case, as will appear
from reasons given below:
The presidential succession act of
congress, passed in 1886, states that
'in case OF the death, removal, roaig-
nation or inability OF both the presi-
dent and vice president, then the sec
fetary of state shall act as president
until the disability oil the president
and vice president is removed or a
president elected" That is, il both
the president and vice president die,
are removed by the senate after i'm
parchment. resign or arc unable to
serve because OF physical condition
or something else Of an extraordinary
nature, the secretary Of state becomes
acting president Obviously nothing
of this sort Is likely to exist on March
., 1917.
The federal constitution requires
that before he enter ON the eXecu-
ton of his office, he (the PRESIDENT
shall take the following oath or affirm
alton" setting forth the oath. No per
son. therefore can he president unless
he takes that oath. No secretary OF
state or other person than the incom-
ing president has ever taken that oath
when March 4 fell on Sunday and,
consequently, no secretary of state
has been or ever is likely to be pres
idcnt for one day.
Moreover, the state department has
Just ruled that there Is no interreg-
mum between the expiration OF the
term OF one president and the begin
ming OF the term of his successor, al
though there may be slight interval
when the executive power is suspend
ed"
The great chief justice OF the Unit
cd States supreme court, John Mar
shall gave an opinion at the date
when a presidential term first began
on Sunday, declaring that he and the
associate Justices advocated postpon-
ing taking the oath until Monday UNI
less some official duty should require
il being taken on usnday.
AS the constitution only provides
that the president shall take the oath
Il prescribes before he enters on the
execution of his Office and as tho law
is silent on the subject, the time
seems to be In some measure at the
discretion, OF that high officer, de-
clares the state department. There is
an obvious propriety in taking the
oath as soon as it can conveniently
be taken aud thereby shortening the
interval when the executive power is
suspended But some interval is in
evitahe. This interval may be un
ayoidahly prolonged. If circumstances
should render it unfit to take the oath
on the fourth of March and tho pub
lie business would sustain no injury
by its being deferred until the litth
no improprioty is perceived in de-
terring ii until the fifth
President Hayes, who was elected
for the term beginning Marcia 1, 1871
which day tel on sunday, similar 10
tho forthcoming term OF President
Wilson, was sworn in at 7O5 p, H.,
Sunday, March 4, by Chief Justice
waite and the oath was taken again
by President Hayes on March 5 after
his inaugural address.
.- a
y GREAT MERicAN ATRociTY.
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