Evening star., 1944-07-13
Commander in Chief
Title Use Questioned
Writer Points to Regulations
on Election Activities
By David Laurence

on Election Activities
BY David Laurence
President Roosevelts obvious endeavor
to use the title of Commander in chief
OF the Army and Navy" in his election
campaign-as evidenced in his letter to
Chairman Hannesan of the Democratic
National Committees very question
able, both with respect to tradition and
the regulations which the Government
itself has imposed on the election activi-
ties OF members OF the Army and Navy.
1t will be recalled that on March 10,
1914, the Secretary of War and the
Secretary of the Navy made a joint
statement on political campaigns for
ofhcers Of the Army and Navy and the
statement was approved by President
Roosevelt and given to the press.
In that statement permission was
given to members Of the Army and Navy
while on active duty to accept nomina-
ton for public ONCE. but with the
understanding that while on active duty
they must not use their offces to in
nuence the outcome Of the election.
Partial Text Of Statement.
1t reads IN part:
No member of the land or naval
forces while on active duty will use his
ofncial authority or influence for the
purpose Of interfering with an election
or affecting the course or outcome
thereof. Such persons, while on active
duty, retain the right to vote, to express
tner opinions privately and informally
on all political subjects and candidates,
and TO become candidates for public
once as permitted in this regulation.
1hey will no: be permitted to partici-
pate in any way in political manage
ment or political campaign.
The foregoing prohibition includes.
among other things, activity at political
conventions or on political committees.
participation in political campaigns, the
making OF political speeches. the publi-
cation OF articles or any other public
activity looking to the influencing of
an election or the solicitation of votes
for himself or others"
II Mr.. Roosevelt is a member of the
land and naval forces-that is. if the
argument that he is Comma nder in Chief
is accepted literally-then he would he
affected by his own regulations tn.
moment he makes any speech or state
ment calculated to influence the outcome
OF the election. Certainly Mr.. Roose-
velts use of the term Commander in
CHER in political statement concern
Ing the acceptance Of a renomina ton is
unprecedented in every sense.
The late Justice Sutherland of the
Supreme Court of the United States
writing on the constitutional powers of
the President, says:
When war has been declared BY Con-
sress, the duty and power of wagine
war Immediately attaches to the ONCE
OF Commander in Chief, not to the ONCE
OF the President. Many persons are in
the habit OF thinking the President as
possessing extensive war powers, simply
because he is President in time of war.
out, repeat, such war powers are his
by virtue of being Commander in Chief,
and not by virtue Of being President.
Line Of Separation Fixed.
The once Of Commander in Chief
having been created by the Constitution
without prescribing the functions And
powers to be exercised, it necessarily re-
suits that these are to be determined
oy ascertaining what functions and
powers are recognized by the laws of war
as belonging TO that ONCE and when
THESE have been ascertained. the line
whicn separates the war powers Of Con-
eress from the war powers Of the Com.
mander in Chief will have been fixed
On the one side of this line Congress
is supreme, and on the other side the
Commander in Chief is supreme; and
neither may lawfully invade the prov
ince OF the other. Whatever any Com
mander In Chief may do under the laws
and practices Of war, as recognized and
followed by civilized nations, may be
done by the President as commander in
chief. In carrying on hostilities he DOS
sesSes sole authority, and is CHARGED
with sole responsibility, and Congress is
excluded from any direct interference.
In the command of the military
tary operations, he may adopt any
means, or follow any plan or method
MS judgment. or the Judgment of his
advisers and military subordinates, NAV
approve, subject to the single restric-
tion that he do not transcend the rules
and usages of war authorized and rec
ognized by the law of nations"
hA
1t would appear that if Mr.. Roosevelt
considers himself military person In
the same sense as any military COM
mander, he must abide now by the re-
strictions which he, together with the
Secretaries OF War and Navy, imposed
on all members of the land and naval
forces who accept nominations to po-
litical ONCE
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