New-York tribune., 1918-11-27
Says Marshall Bavaria Warns
Rules While Berlin Mus t
WllsonlsAway Not Curb Her
George w. Wickersham in
Address Quotes Constitu-
ton to Back Up Claim

If President Wilson goes to France
he virtually resigns his office and un-
der the Constitution Vice President
Marshall becomes Chief Executive,
George W. W,cke.sham, Attorney Cen
Grad under Taft, told the Council on
Foreign Relations last night at its
dinner in the Hotel Astor
Mr. Wickersham based this assertion
on Section 1. Article 2 of the Con
stltntion of the United States.s swhieis
describes the mode Of procedure ii.
event of the Presidents removal from.
office, his death, resignation or In.
abilit to discl arge the duties Of saio
office"
The absence of the President from
the United States will in the opinion
Of Mr.. Wickersham constitute an in
abnty to discharge the powers and
duties of his Office within the meaning
Of the law.
Presence Required Here
Mr.. Wckersham, in his analysis Of
the position Of Mr.. Wilson, should he
leave for Europe, said that the two
most important duties of the Chief
Executive are from time to time to
give Congress information of the state
OF the Unlon and recommend to it's
consideration such measures as he
shall judge necessary and expedlent"
and Ito consider bills which shall have
passed the House Of Representatives
and the Senate, and if he approve, to
sign them, and if he disapprove, to
veto them.'
Under these laws, the former Attor-
ney General contended the President
must be in position at all times to
feel the pulse of public sentiment.
Personal Presence Needed
"Not only does this function require
the Presidents personal consideration
and his personal signature, in the
event of his approval of the bill, be-
fore it can become law, but it is also
provided that
"'If any bill shall not be returned
by the President within ten days
Sundays xceptcd-after it shall have
been presented to him. the same shall
be law, in like manner as if he had
signed 1T, unless the Congress by their
adjournment prevent it's return, in
which case it shall not be q law
"In like manner every order, reso-
luton or vote to which the concur
renee of the Senate and House of Rep
resentatives may be necessary, except
on the question of adjournment, must
be presented to the President.
"If the President is out of the coun-
try it requires little arfument to DEM
onstrate that he would be unable to
perform those duties
"The intendment of the Constitution
undoubtedly is that during the ten day
period given to the President for the
consideration of Legislative bill citi-
zcnS interested in it shall have oppor-
tunity Of communicating their views
to him. The power and duty of acting
on the bills are not conferred upon the
President that they may be exercised
without regard to public sentiment,
and he can only properly exercise that
power and discharge that duty by be-
ing where he can feel the pulse of the
public sentiment, receive observations
respecting the bill from those who
may be affected and give to considera-
tions for and in opposition to it i'm
partial and thorough consideration. If
he is not within the country he cannot
fifty discharge those duties.
A third and minor consideration. the
speaker continued, is the law which
provides that in case of disagreement
between the two houses as to the tims
of adjournment, the President NAV
adjourns them unit, such time as he
thinks proper.
This power. he admitted, had never
been exercised in the past, because
,