The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-11-30
vice President Marshall - All or
Nothing.

Nothing
in the confusion Of expert legal and
constitutional opinion on the uDprece-
dented situation which President
WILSON is now evoking or provoking
there is one thing which ought to be
perfectly clear.
The President Of the United States
cannot delegate the functions and
powers vested in his sole person by
the Constitution. II he Is unable 10
exercise any longer these functions
and powers himself they are trans
ferred to another officer Of the Gov
eminent But they are not trans
ferred by his action, his appointment,
his volitlon, They are transferred au-
tomatically by the constitutional pro-
vision, and the President from whose
hands they pass has no more 10 do
with the process Of transfer in case OF
his inability" TO exercise them longer
than he has 10 do with the process OF
transfer in case of his death.
Therefore when we read reports Of
an attempted arrangement by which
Vice-President MARSHALL Is to give
up his Pacific trip and stay IN Wash
ington in order to discharge that part
of the Presidents duties which con-
Germs the reception and return Of bills
passed by Congress and sent to the
President for signature or veto we are
filed with amazement.
In the constitutional system OF the
little Republic of San Marino there
are two Executives. They are not
called Presidents but Capitani, II our
memory is right. In the San Marine
Government n division Of powers be-
tween the two Chief Executives is
conceivable. One of the Capitani
might be away attending as Capitano
peace conference in Rome or else
where and exercising from that dis
rance by telegraph or telephone part
of the joint functions Of the dual Of
fee, while the other Capitano re-
manned on the mountain 10 take care
Of administrative matters requiring
the immediate presence of the quail
fed Executive.
But in the Government of the
United States OF America such an ar.
Management is inconceivable. II is not
warranted by any consideration Of the
convenience of the absent President
Nothing in our Constitution or stat.
utes comes within three thousand
, miles of permitting Il.
There cannot possibly he at the
same time n President Of the United
States, soiourning in foreign coun'
tries and thence dlscharging by mail
ar cable portion of his constitutional
powers and duties, and an Acting
President at Washington, constitu
tionally discharging another portion
Of the powers and duties vested IL
. the President alone.
President WILSON. in his extremely
lucid writings. has described the
Vice Presidency as that singular of
fee" 1t IS not, however, so singular
us this. proposed division of powert
would make 1t.
II is a question Of all or nothing
rs far a concerns Vice-Presideut
MARsHALl's constitutional availabll
ity 10 act rs President in the absence
of President WILSON. An admission
by President WILSON of inability" tC
discharge such Of his powers and du
ries as relate to his participation II
legislative proceedings is an admis
sion of inability to perform any OF
his functions while abroad. The fun
,iamental law cannot be violated ever
10 enable the President 10 convey n
person his fourteen points to PoriS
His inability In any respect is in
ability in all respects; and that IN
ability would devolve upon the Vice
President all the powers and duties
of the President-appointm 10 Of
flee. the negotiation Of treaties, tn,
command Of the army and navy am
every other function which the Con
Stiution enumerates.
Furthermore, the asCertainment Of
such inability on. the part OF the Pres
ident as would devolve upon the
Vice-President the powers and dutie:
If the President is not q matter FOL
Mr.. WILSON'S self-determlnatlon Tn,
question belongs in the first place t.
the Congress. and in its final settle
lnent to the Judicial Department o,
The Federal Government.