[131]
More troubling was the lack of legal guidance on presidential succession: as Garfield lingered near death, no one was sure who, if anyone, could exercise presidential authority.[132] Also, after Conkling's resignation, the Senate had adjourned without electing a president pro tempore, who would normally follow Arthur in the succession.[132] Arthur was reluctant to be seen acting as president while Garfield lived, and for the next two months there was a void of authority in the executive office, with Garfield too weak to carry out his duties, and Arthur reluctant to assume them.[133] Through the summer, Arthur refused to travel to Washington and was at his Lexington Avenue home when, on the night of September 19, he learned that Garfield had died.[133] Judge John R. Brady of the New York Supreme Court administered the oath of office in Arthur's home at 2:15 a.m. on September 20. Later that day he took a train to Long Branch to pay his respects to Garfield and to leave a card of sympathy for his wife, afterwards returning to New York City. 