The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1918-11-27
VICE PRESIDENT
SHOULD ASSUME
HIGHEST OFFICE
Former Attorney General Wick
ersham States Opinion
PRESIDENT MUST BE NEAR
Absence of President in Europe
Would Constitute Inability to Dis
charge Duties Of Office.
PRESIDENT MUST BE NEAR

NewYork, Nov. 26.-George w.
attorney general in the
TAFT administration, IL an address
here tonight before more than hun
dIed educators. lawyers, bankers and
merchants engaged IN International
trade, who arc members OF the coun-
ell on foreign relations, advanced the
opinion that the constitution makes
il mandatory upon Vice President
Marshall 70 assume the Office OF
President il Mr. Wilson leaves the
United States to attend Tie peace
conference
The projected journey Of tine presi
dent % France aud mis- suggested SO.
iourn there for an indefinite period
said 1lr. Wickersham. brings up fer
the iirst time in our history the ques-
lion Of the effect of such absence and
Of the powers Of the vice president
because of such absence
The former attorney general quot.
ed section one OF article two of the
United States constitution. which. he
aaid, prescribed the mode of pruce.
duro IN event of The Presidents re-
moyal from Office his death, resigna
tion or inability to discharge the dut.
les of said Office He maintained that
absence Of the President from the
seat of government and the country
constitutes an inability TO discharge
the powers and duties OF his Office
within The meaning of the law.
According to Mr.. Wickersham, the
two most important functions the
President has to perform in connec-
ton with session of Congress, at
which time, he he'd, III Is the Presi.
dents 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 rec
ommend to their consideration such
measures as he shall judge necessary
and expedient and, second, To con.
slider bills which shall have passed
the Senate, and if he approve, to sign
them, and if he disapprove to veto
1 them"
The ten days provided by the law
wherein the President must return a
bill or 1t automatically becomes a
law. according to Mr., Wickersham,
was intended Ito give citizens inter
ested in the bill an opportunity OF com
municating their views to him Thus
the President, he contended is ex.
/ pected always to be in a position to
feel the pulse of public sentiment
/ and If he is not within the country
he cannot fifty discharge those dut'
iea."
: A third consideration. the speaker
continued, Subsidiary TO the others
but none the less important" is in ref
erence to the exercise by the Presl
dent of function in connection with
legislation N case OF disagreement
between the two Houses as to time
and adjournment, he said, the Presi
dent NAV adjourn them % such time
as he shall think proper. This pow
er, he admitted, has never been eXer
cised in the past. because the Presi
dent always has been at the seat ol
government when Congress was in
session and "able to avert by friendly
counsel and suggestion the necessity
OF exercising It,"
Mr. Wlckersham. In these points
declared the absence OF the President
in Europe would constitute an in
ability to DISCHARGE the powers ant
duties OF his office.
The constitution he concluded
does not provide who shall decide
when . disability occurs iustifyini
lhc vice president % net rs President
II tho vice president shou',
assume 70 net and should hlmsel
veto bi'' md A. tho expiration o
ton days from Tho date OF KS passag.
no veto from The President himself II
vri.jne should have been received
question would arise for ,ho court
, 10 determine as 10 Tho powers OF On
vice president to act for he Pres
dent.
,, "Thaf these questions m iho pas
never have arisen For actual decision
Is tribute 10 the wisdom % on
Presidents IN conforming with ~
traditions Of iholr rre9t Office VIE
that unhrokcn custom which riron
d into law. and IN not suffering m
whisTcrlnes of personal ambition {
lead them to depart from thc rath
NJ accustomed action, theroby sy0it
inr the creation Of new. uncertai
!, and perhaps DANGEROUS questions I
/, constitutional right and nowerh
d, .----