Show Presidential Succession Act Does Not Provide for Hours U. U S. S Has No Chief There is no provision of law with specific application to the Intervening intervening ing hours between the expiration of the Presidents President's term and the time his successor takes the oath of office of of- lice fice notes a writer in the Cleveland Plain Dealer The Presidential Succession Succession Suc Suc- cession act has application only to the removal death resignation or inability of both the President and vice president In a letter dated February 20 1821 by Chief Justice John Marshall to an inquirer on the subject of who is President from midnight when the term expires to the hour when the President-elect President takes the oath of office said I have conversed with my brethren brethren breth breth- I Iren ren on the subject you suggested when I had the pleasure of seeing you and will now take the liberty to communicate the result As the Constitution only provides that the President shall take the oath It prescribes before he enter on the execution of his office and as the law is silent on the subject the time seems to be In some measure meas meas- urn ure ur at the discretion of that high officer There is an obvious propriety propriety pro pro- in taking the oath as soon asit as asit asit it can conveniently be taken But Dut some interval is Inevitable The time Ume of the actual President will expire and that of the elect dent-elect commence at 12 in hi the night of the third of March It has been usual to take the oath at midday on the fourth Thus there has been uniformly and voluntarily an interval of 12 hours houn during which the executive power could not be exercised This Thil interval may be unavoidably pro pro- longed Circumstances may prevent the declaration of the person who is chosen until it shall be too late to communicate the intelligence of his election until after the fourth of March This occurred at the first election I Undoubtedly on any pressing President take I Ithe emergency the might the oath in the first hour of the I fourth of March but it has never been thought necessary so to do do and he has always named such hour as he deemed most convenient If U any circumstance should render render ren ren- der it unfit to take the oath on the fourth of March and the public business business busi busl ness would sustain no injury by its It being deferred till the filth fifth no impropriety impropriety im propriety is perceived In deferring it till the fifth March 4 of course Is I. no longer inauguration day since the adoption of the Twentieth amendment to the Constitution |