Every evening, Wilmington daily commercial., 1918-12-02
PRESS COMMENT.
yICE-PRESJDENTS STATUS.

Ex-senator George f. Edmunds, the
greatest constitutional lawyer now living
who has served in any American Senate,
past or present, says: ut - my belief
that the President by going abroad will,
for the time being, cease to posacssh his
executive power He cannot delegate those
powcrs 1t will he the duty of the Vice
Prcsi cnt to carry on the government"
The weight of authority seems to be
on that side. Yet II must bc remembered
that when eases unprovidcd for directly
by the Constitution come up Congress
and the President have a way of deciding
them that then becomes u precedent.
Once before has the clause relating to the
Nicc-Prcsiicnt's duties in case OF the
death or disability Of the President come
IN for Interpretation II was when Prcsi-
dent William Henry Harrison died.
The cabinet, headed by Daniel Webster,
who was surely great constitutional
lawyer. formally resolved, after long delib
Grafton, that when Nlcc-frcsident
TYLER arrived in Washington his status
would he that of Vi c-PrcsIdcnt and that
he should perform the functions oi Grcsi-
dent under the title of Acting President
They notified him Of tins determination
before he left Virginia addressln" their
commune alton "To the Vice presidcn =
Upon his arrival III Washington MIR
TYLER informed the cabinet that he WAS
not Acting President, but President.
The cabinet was Obliged 10 yield. for
even if he were only Acting President
he would have the right to DISMISS them
and form a new calumet, and before they
could formulate any course oi action ne
| took the oath of office before Judge
Cranch, Chief Justice of the Circuit
.,ttsv f.tD Eat
the Indian Queen Hotel made famous
hy Pcrpy O'Ncil 1'hrcc days afterward
he chnchcd the matter hv publishing hrs
inaugural address through the columns
of newspaper.
Fx-Prcsidcnt John Quincy Adams, anoth-
or great constitional lawyer, wrote IN
| his diary IL paid q visit this morning to
| MIR Tyler, who styles hlu self President ot
! United states. and not cc-prceIdent,
| Acting President" which would be the
| correct style 1t IS a construction m direct
| violation both of the grammar and context
| az the Constitution, which conicrs upon
| the Vice President on tho decrease OF tho
| President. not the ofIicr. hut the powers
of The said Office
| Rnt despite the way IN which Tyler
| entered INTO the Presidency, and de-
| spite the fact that he did not even have a
party behind him and that all the con-
| slitutionnl lawyers were against hlm, his
| action settled The qucstionorever, and on
| Ilncoln's death there was not the least
| question raised anywhere that Nice-Prcsi-
dent johnson wss President of the United
!, States
In thc present case, however, there
are practical questions which seem to
make il certain that Vice President
| Nj rsh:ll may have To exercise at least
some Of the functions Of President
Suppose for instance, that there was
instant need Of 4 pardon for some person
unlustlv convicted III murder on whom
sentence was asout tn hc executed. This
| is only one of countless eases which would
not wait for the signature Of n President
| across thr seas There is altogether too
much risk il removing all the President ai
/ functions across the Atlantic. MIR Marshall
at most could only act ~ President,
Int It j. plain that he must hc ready to
assume thc autlcs of tho office At moments
notice II only for the discharge Of certain
| prescribed functions New York Times