Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1920-02-05
n. b. o'coNNElL HOLDS PREsl-
DENT IS iNcAPAcITATEo
UNDER LAW.
AoLps MARSHALL SHOULD
ASSUME WILSON DUTIES
posmsr Solicitor Of Treasury De-
partmsnt Points Out Section Of
cor.titutIon Which Covers Cues
t,oc-consress Has Power to Sus.
.end or Rslnstate President.

Fort Dodge, Feb. 5.-According to
Maurice D. o'Connell. now a resident
of washington, but formerly OF this
CITY Vice President Marshall should
Assume the duties OF the president
Of the United States until such time
"a President Wilson Is well enough
70 resume such responsibilities.
Mr.. o'connells former position OF
.,,,citor Of the treasury, under Presi-
dem, Mckinley. as well els high
.tand,nv in the general practice Of
the law. will give considerable weight
70 his arguments which appear IN
recent letter sent TO the Washing
ton Post.
In this part OF the country little
can be learned Of the actual condition
OF President Wilson's health. This
letter indicates that those who live
IN Washington are as much In the
dark as we are.
Herewith is printed the letter re-
ferred to;
editor Of the Washington Post:
Section OF Article II OF the consti-
tuition OF the United States reads:
'In case Of the removal OF the presi-
dent from office or OF his death,
resignation or inability 10 discharge
the powers and duties of the said
office, the same shall devoive on the
vice president and the congress may
by law provide for the case Of re-
moval, death, resignation or inability
both Of the resident and vice presi-
dent. declaring what officer shall
then act as president, and such Of
ficer shall act accordingly until the
disability be removed or a president
shall be elected"
"This section clearly provided that
in case Of the president being IN
able TO discharge the powers and
duties OF the office Of president by
reason Of illness, the said powers and
duties shall devolve on the vice presi-
dent.
This does not mean that the vice
president shall IN such case become
and be president OF the United States,
az he would IN the event of the
death, resignation or removal from
office Of the president by hnpeach-
ment, but II does clearly mean that
II the president should become so Ill
from disease or injury that he cssad
not do what is absolutely necessary
to be done in the discharge of his
duties as president that while SO
incapacitated then the discharge and
performance of the powers and du-
ties" OF the office Of president shall
'.devolve on the vice president" and
shall continue to be discharged by
the vice president until the disabn-
ity be removed"
Under this constitutional provis-
ion 1t is plain that the preside n,
would not during this inability &c
discharge the powers and duties o!
his office cease TO be president; and
II L. also certain the vice presiden,
would continue 10 be vice president
1T plainly means that In such az
emergency there would be some ont
authorized to act for and discharg'
the powers and duties Of the presi
dent. The vice president would no
during such time be entitled to TIT
pay Of president. It Is a wise pro
vision Of the constitution. for it Il
well understood that It is Of vital i'm
portance that there should Away
be some one authorized to act a.
chief magistrate OF the nation.
TT is more than four months tina
President Wilson has been so ser
iously III that he has been unable l.
attend to the usual duties Of hi
high office. Congress has been Il
session nearly all of that time. an
matters Of great and grave tmpor
lance have required the attention o
the chief magistrate.
president Wilson cannot be see
or consulted and no one outside tn
White House seems to know his con
dition- We read in your paper tina
during his four months OF inability
he has MT seen the secretary O
state, the premier Of his cabinet. Thi
Is the best possible evidence Of hi
inability to discharge the powers an
duties of his office.
1.-THE condition Of international at
fairs IN Europe. Asia and Mexic
make 1t necessary that the secre
tary Of the state should confer wit
the chief executive Of the nation.
cannot understand why vice Presi
dent Marshall is not dtschargins tn
duties Of the president"