Saturday news. (Watertown, S.D.) 19??-19??, 1918-11-21
NO VACANCY IN
WILSON'S VISIT
ACROSS WATER
Presidents Absence Does Not
Create Vacancy at the
White House.
Sioux City Journal.)

The contemplated absence of the
president from the country while at
tending the peace conference raises
the question of who, if anyone, will
become president and interim. In gem
eral it may be said the president does
not vacate his office while outside
the boundaries of the nation. No n
else can exercise his official functions
during that time. The powers which
the president has are conferred upon,
him by the constitution and cannot
be delegated by him or ssumed by
another. I'm certain contingencies the
vice president may exercise the func-
! tons of the president. When he does
so he becomes the constitutional presi-
dent of the nation. This has been
done in the five instances of the
death of the chief executive while in
office. The provision of the constitu-
ton on this subject reads as follows:
In case of the remova of the presi-
dent from office, or of his death,
resignation, or inability to discharge
the powers II duties of the said Of
flee, the same shall devolve upon the
vice president.
The only condition of those enum-
Grated which could possibly exist is
that of inability to discharge. the du-
ties of office. This provision is some.
what elastic, but certainly does not
cover the case in point. Primarily
it was intended to apply when the
chief executive became non conpos-
mentis. The only situation under
which the vice president can assume
the powers of the president under this
phrase Of the constitution is when
the acts of the president would be ir-
responsible. That condition would not
be created by the absence Of the pres
ident from the country.
There is no inhibition in the con-
stitution against the president going
outside the territorial limits of the na-
ton. 1t has been q custom for him
to refrain from doing SO, but even the
custom has been violated, But Gus
tom cannot add to or subtract from
constitutional overs. Custom where
of the memory of man runneth not
to the contrary makes common law
under the old English Jurisprudence.
But common law and Constitutions
are not based on the same founda-
ton. The president does not vacate
his office while outside the calm.
He can exercise his functions no mat
ter where they are performed. The
duties are personal. His decision is
not limited by boundaries because it
; is a mental operation. Putting that
l ,;,;r rs, r. ;,,tf ,n,,o,,ntAL & fnr,,, IL, the
manner required by law and estal1-
fishing the fact by his signature may
certainly be done without geographi-
cal limitations.
The part of the executive in COM
Ipleting the legislature of congress may
be subject to physical limitations of
time and distance. But these are in
consequential. Every bill passed by
the two branches of congress must
be presented to him. There is no
time limitation on this requirement..
Neither is there a time limit for the
return of the bill either with his APP
proval or veto. If he does not return
the measure to the house in which 1T
originated within ten days from the
time it is presented to him, the bill he
comes a law without executive action.
Any measures enacted by congress
may be sent to the president in Eu-
rope or may be held until his return
to be presented to him. The only con-
~tingency in which the absence OF the
president might be inimical to the
public business would be in the event
of some great calamity which requir-
ed Immediate legislative action to
meet. Congress might take such ac.
ton, but it would not be effective un,
til presented to the president and ap.
proved by him. But ongre is not
always in session, SO that the absence
of the president would be no more a
public danger h the absence OF q
congress. That situation has not
created any serious hardship in the
last 14o years.
IMI AA ~ HEZ - 4E