Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1918-11-27
TULSA DAILY WORLD, WEDNESDAY, NOV. 27, 1918.
DECLARES MARSHALL
CAN FULFILL DUTIES
Former Attorney General Wicker.
sham Declares Presidents Alb
scncc Makes Step Mandatory.
REFERS TO CONSTITUTION
inability TO Serve" Is Clause on
Nhich Argument Is Bascd-Ad-
dress Is Given In New York.

=" "N'h IN New 1Ork.
NEW YORK, Nov 26.--George
W Mlckersham, attorney general in
| ms Iatt administration, in an ad-
uFeSs her tonight before more than
hundred educators, lawyers. bank
erS ana merchants engaged in in.
lernational trade who are members
or the council on foreign relations,
advanced the opinion that the con-
stltuuon makes II mandatory upon
vice President Marshall to assume
ottlce of president II Mr.. Wilson
leaVe the United States TO attend the
peace conference
| Inc projected journey OF the
president TO France and his sug-
Bested soJourn there for an indefi-
mite period" said Mr.. Wickershan,.
prings up Tor the first time in our
history the question OF the effect OF
such absence and .of the powers Of
| me vice president because OF such
absence"
The former attorney-Reneral
quoted section l Of article 2 OF the
| United States constitution, which,
| ne said prescribed the mode OF pro-
cedure In event OF the presidents
removal from office. his death, res
! lgnation. or inability to discharge
the duties OF said office. He main
+ talned that absence OF the president
! from the seat Of government and
the country constitute an inability
10 discharge the powers and duties
OF ms OFFICE" within the meaning
Of the law.
Objects to Trip.
According 20 Mr.. W!Ckersham, the
Two most important functions the
president has to perform in connec-
tlon with session OF congress at
which time, he held, 1T is the pres
Iuents duty to be at the seat Of gov
ernment," are:
First-From time to- time, to give
TO congress information OF the state
OF the union and recommend to
! their consideration such measures
as he shall judge necessary and ex-
pedient, and second, ito consider
pills which shall have passed the
mouse and senate, and IL he approve,
10 sign them. and II he disapprove,
to veto them"
The 10 days provided by the law
wherein the president must return
a bill or II automatically becomes
law according to Mr.. Wickersham.
was intended ito give citizens in
terested In the bill an opportunity
or communicating their views TO
him"
Thus the president, he contended.
Is expected always to be in a posi-
ton ito feel the pulse OF public sem
timent," and. "if ne is not within the
country he can not fifty discharge
those duties"
A third consideration. the speaker
continued, Subsidiary to the others
but none the less important" is in
reference to the exercise by the
president OF a function in connec-
tion with legislation. In case of dis
agreement between the two houses
as to time Of adjournment, he said,
the president may adjourn them TO
such time as he shall think proper.
This power, he admitted. has never
been exercised in the past because
the president always has been at the
| seat OF the government when con-
gross was in session, ''and able to
avert by friendly counsel and sug-
gestion the necessity OF exercising It,"
Creates Inability to Serve.
Mr.. Wickersham In these points,
declared the absence OF the presl-
dent in Europe would constitute an
t'NtA'ANy W uloNAAoi So NAb pO"Nl oilO
duties OF his office"
The constitution" he concluded,
does not provide who shall decide
when disability occurs justltying
the vice president in assuming to act
as president. II the vice president
should assume to act and should
himself veto bill and at the ex-
piration OF 10 days from the date
OF its passage no veto from the presi-
dent himself in writing should have
been received, n question would arise
for the courts TO determine as to the
powers. OF the vice president TO act
fot the president.
THAT these questions in the past
never have arisen for actual decision
Is a tribute to the wisdom OF our
presidents in conforming with the !
traditions OF their great office. with /
that unbroken custom which ripens !
into law, and in not suffering the |
whisperlngs OF personal ambition to !
lead them to depart from the paths |
OF accustomed action thereby avoid |
ing the creation OF new, uncertain |
and perhaps DANGEROUS questions OF
constitutional right and power"