[73] From March 4 to October 10, 1881, there was no president of the senate, and from March 4 to December 15 of the same year there was no speaker, the new house not having met and organized. Had Vice President Arthur died before Mr. Garfield's death there would have been no one to succeed to the vacancy until October 10, when a new president pro tempore of the senate was chosen.
[74] The oath of office was administered to President Washington in New York city, then the temporary seat of government, by Chancellor Livingston of New York state. In 1917, the 4th of March falling on Sunday, President Wilson took the oath of office twice: on Sunday in his office at the Capitol, and on the following day publicly in connection with the inaugural ceremonies.
[75] When Vice Presidents Tyler, Johnson, Arthur, and Roosevelt succeeded to the presidency, Congress was not in session and the oath of office was administered without formalities. Mr. Arthur took the oath in New York city before a local magistrate, and Mr. Roosevelt did the same in Buffalo, where Mr. McKinley died. Vice President Fillmore, however, took the oath of office as President in the presence of both houses of Congress, which happened to be in session at the time of the death of President Taylor.
[76] The only officers appointed by the courts of law are clerks, reporters, and other minor ministerial officers; but there are a large number of inferior officers in the various departments who are appointed by the heads of departments.
[77] While Congress was not in session, the President was to be allowed the right to "suspend" officers for good cause, but he was required to report all suspensions to the Senate at its next meeting and in case it refused to concur in the suspension, the suspended officer was to be allowed to resume his office.
[78] The act organizing the treasury department requires the secretary of the treasury to make his annual report to Congress, while the other cabinet heads make their reports to the President. It was the evident intention of Congress to keep the secretary of the treasury more closely under the control of the representatives of the people.
[79] By a law of 1907, employees in the classified service are forbidden to take active part in political campaigns, and this prohibition has been construed to forbid service on political committees, service as delegates to party conventions, publication of newspaper articles of a political nature, membership in political clubs, circulation of petitions of a political character, etc.
[80] In 1915-1919, however, President Wilson wrote notes to the German government, and took part in framing the treaty of peace.
[81] See further on this point, pp. 60-62.
[82] A recent example is found in the regulations issued by President Taft for putting into effect the new law levying a tax on corporations. The meaning of the law in various particulars had to be interpreted, and the method and means of assessing and collecting the tax had to be prescribed. Another example was the regulations issued by President Wilson in 1913 for the collection of the income tax.