The Washington herald., 1919-10-14
PRESIDENT ABLE TO
ACT, PHYSICIANS SAY;
RUMORS DICREDTTED
CONTINUED FROM PAGE ONE

the Presidents ability to carry on his
constitutional duties as President
might be tested. Attorneys for the
"wets" would not admit that such is
their purpose. but members Of Con.
conferred are strongly Of the opinion
that some such step may be taken
once the prohibition measure becomes
effective.
Dry Act May BE Te.ted.
! The prohibition act, having been
! finally passed by both houses. was
/ transmitted to the White House yes
terday. II il should not be signed
by the President within ten days It
would become a law. Then the test
might be made upon the ground that
Congress alone was responsible for
the law, and that It had not received
the attention and scrutiny which it
is assumed. under the Constitution.
the President must give to all legis-
latiye matters.
| The basis of a test suit, whether il
should be made on the prohibition act
or upon some other measure which
becomes a law without the signature
OF the President, would be that the
Constitution implies that the Presi-
dent is to act as a coordinate branch
of the law-making power. II this were
not so. and laws were permitted
wholesale to become effective with
out any attention from the Presi-
dent, Congress might 80 on passing
laws indefinitely, and any sort of
measure 1t enacted would become a
law without any inspection or re-
view by the President or any other
authority.
President should Supervise.
Constitutional lawyers who have
taken up this phase Of the Presidents
Illness assert that the whole theory Of
the legislative branch of the govern
ment is built upon the assumption
that the President shall exercise a su-
pervision over and veto If necessary
all legislation that Is passed
1t Is upon this sort OF argument that
members of the Senate and House
have learned that a test of the Presi-
dents ability to continue to perform
his duties may be brought in the event
that his illness continues indefinitely
and important pieces of legislation be-
como laws without his signature.
For the first time since the President
was taken i'll. his physical condition
, was brought to the official notice of
Congress this morning, when three
resolutions asking Information on for
eign matters had to be laid aside by
the Foreign Relations Committee be-
cause Of the Presidents inability to
attend to them and give the informa-
| tion requested.
The resolutions were those by Sena-
tor King. requesting the return OF
Thrace to Greece, by Senator Poindex-
! ter, asking for information about the
railways in China, and by Senator
Lodge. authorizing the President tc
call an international conference tc
consider the disposition Of the cable
systems formerly owned by German
interests.
! Not Good Taste. Says Williams.
When the resolutions were called up
Senator Williams suggested that il
was not good taste" to bother tn.
President with such matters "in view
of his present condition"
Senator Shields remarked that Sena.
tor Williams was raising the question
of the Presidents disability" Sena,
tor Williams denied this, but asserted
that according to the White House
bulletins the President was in no con.
dition to be bothered with such reso.
lutions.
Senator FAN took up the discussion
at this point by suggesting to Senator
Williams that the Senate ought to take
a recess until the President is able t.
give his attention to the matters In
question.
Senator Williams made another
suggestion, which was that tn,
resolutions might be addressed t,
the Secretary of State rather thar
to the President. Senator Fan re-
torted that the members of tn,
committee had been called .isno
ramuses" too many times by III,
Senator from Mississippi for ad
dressing communications to tn
Secretary of State to wish, to re
peat that error again