Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1918-11-27
IS
VIOLATING AN
OLD CUSTOM
BY HIS VISIT.
Wickersham Says Marshall
Inherits Prerogatives. :
Criticises Wilson's Lack
Of Fineness : Foresees
Complications = Blames
Personal. Am bition -
Would Create Uncertain
Questions.
IRepublican A. p. Leased WheJ


CRepublicsn A. P. Leased WireI
BOSTON, Nov. 26.-Vice Presi-
dent Marshall, commenting to-
night upon the contention of form
er Attorney General Wickersham.
in an address in New York that
the vice president would be bound
under the constitution, to assume
the presidency during President
Wilson's absence in Europe, said:
81 can state definitely and posi-
lively that | shall not, of my own
volition, assume President Will
sons office or the duties thereof,
if the president departs from the
United States to attend the peace
conference. As for the suggestion
that a joint resolution of congress
might be adopted to set the vice
president in notion this proposal
is entirely new to me, and | am
unable to commit myself as to
what ! would do, if congress should
adopt such resolution.
an answer to the suggestion
that court having jurisdiction
might mandamus me to assume
the duties of the president, | IN
questionably would assume the
presidency il court, having juris
dction, directed me to do SO.
have assumed, from the first, that
there was no barrier to Mr.. Will
sons leaving the country to at
tend the peace conference. | sup
ported his decision to go heartily"
Republican A. p. Leased Wire1
| NEW YORK. Nov. 26.-George ".
| Wickersham, attorney general in the
I -
night before educators, lawyers, bank
/ ers and merchants engaged in interna-
tional trade, who are members Of the
council of foreign relations, advanced
the opinion that the constitution makes
it mandatory upon Vice President Mar
shall to assume the office of president
| if Mr.. Wilson leaves the United States
to attend the peace conference
The former attorney general quoted
section one of article two of the United
States constitution, which he said pre-
scribed the mode of procedure in event
of the presidents removal from Of
flee. his death, resignation or inability
to discharge the duties of said office
He maintained that absence of the
president from the seat of government
and the country constituted an in
ability to discharge the powers and
duties of his office" within the mean
ing of the law.
According to Mr.. Wicl1ershan, the
two most important functions the
president has to perform in connection
with a session of congress, at which
time, he held, 1T is the presidents duty
to be at the seat Of government" are:
"tirst, from time to time to give to
congress information Of the state of
the union and recommend to their con-
| r-i.In &c hn rh11
judge necessary and expedient,' and,
second, to consider bills which shall
have passed the house and senate, and
, if he approves, to sign them and if he
. disapproves TO veto them.
Has Vice President Power?
| The ten days provided by the law
wherein the president must return a
| bill or it automatically becomes law.
: according to Mr.. Wickersham, was in
, tended ito give citizens interested in
t the bill an opportunity of communicat-
f ing their views to him. Thus the
president, he contended, is expected al
ways to be in a position to feel the
pulse of public sentiment" and "if he
is not within the country he cannot
fifty discharge these duties"
A third consideration. the speaker
continued, Subsidiary to the others
but none the less important" is in
reference to the exercise by the presi-
dent of a function in connection with
the legislature. In case of disagree
= ment between the two houses, as tc
time of adjournment he said, the
president may adjourn them to such
time as he shall think proper This
power, he admitted, has never beer
exercised in the past. because the
president always has been at the sea-
S of government when congress was in
: session, "and able to avert by friendly
= counsel and suggestion the necessity
n of exercising it,
r, Mr.. Wickersham, in these points, de
n clared the absence of the president il
{. Europe would constitute an inabilit,
If to discharge the powers and duties O
his office
e President Endangers Custom
II THE constitution" he concluded
docs not provide who shall decid,
" when disability occurs, justifying tn,
vice president in assuming to act a.
!, president If the vice presi
70 dent should assume to act and SHOULD
:, himself veto a bill, and at the expira
g ton of ten days from the date of it!
- | passage no veto from the presiden
- himself. in writing, should have beel
! I received, question would arise for tn
:. courts to determine, as to the power
:, =, Of the vice president to act for tn
:" president
IL ''That these questions, in the past
never have arisen for actual decision
a. is a tribute to the wisdom of our presi
:, dents in conforming with the tradition
III of their great office, with that unbro
III ken custom which ripens into laws, an
in not suffering the whisperings @
es personal ambition to lead them to de
90 part from the paths of accustomed &C
IN ton, thereby avoiding the creation c
E. new. uncertain and perhaps dangerou
s. questions of constitutional right an
lie power
l. Barrett Points to Pan America
Mt John Barrett, director general of til
e. pan-American union, another speake
s. suggested the coming peace conferene
can find inspiration in the organiza.lo
he and record of the union, which, he as
lie serted, had as great league Of
ru American republics, been for man
n years a going concern, doing a might
O. work for peace and. the development
n good understanding, commerce an
in trade
ad Mr. Barrett pointed out that sinC
in the founding of the union in 1906, thel
had been no war between American II