Q: I mixed tenses in two news items I wrote about a legal decision. In the original, I wrote, “the judge ruled such passenger fees are constitutional.” After a settlement months later, I wrote, “he said such fees were legal.” Both seem right, but I’m not sure why I used the present tense in the first and the past in the second.
A: Both seem right to us too, even though you combined the tenses differently. The first verb in each passage is in the past tense, but the tense of the second verb varies. As we’ll explain, this mixing of tenses is allowed.
The problem you raise—how to use tenses in a sequence—is particularly common among journalists, who are often required to use what The Cambridge Grammar of the English Language calls “indirect reported speech.”
This construction is used to report what somebody said, but not in a direct quote. The principal verb in your examples is in the past tense (“the judge ruled” … “he said”), but then you’re faced with the problem of what tense to use in the verbs that follow.
As we wrote in a 2015 post, the following tenses need not necessarily be identical to the first; in some cases the choice is optional.
For instance, even when the second verb expresses something that is still true (those fees are still legal now), a writer may prefer to echo the past tense of the first verb. In fact, the default choice here is the past tense; the present tense may be used, but it’s not required.
In explaining how this works, the Cambridge Grammar begins with this quotation spoken by a woman named Jill: “I have too many commitments.”
Her “original speech,” the book says, may be reported indirectly as either “Jill said she has too many commitments” or “Jill said she had too many commitments.”
“The two reports do not have the same meaning,” write the authors, Rodney Huddleston and Geoffrey K. Pullum, “but in many contexts the difference between them will be of no pragmatic significance.”
So when would the difference matter? One factor that might make a writer choose one tense over the other is the time elapsed between the original speech and the reporting of it. Did Jill say this last year or five minutes ago?
In a sentence like “Jill said she had/has a headache,” the authors say, “Jill’s utterance needs to have been quite recent for has to be appropriate.”
In the case you raise, the original version is closer in time to the judge’s ruling, and the present tense is reasonable: “ruled that such passenger fees are constitutional.” But your follow-up story came much later, which may be why the past tense seemed better to you: “he said such fees were legal.”
In a post that we wrote in 2012, we note that the simple past tense takes in a lot of territory—the very distant as well as the very recent past. A verb like “said” can imply a statement made moments, years, or centuries ago—about situations long dead or eternally true. So the verbs that follow can be challenging.
As the Cambridge Grammar explains, there are no “rules” for this. But in our opinion, if an experienced writer like you thinks the tense in a subordinate clause is reasonable and logical, it probably is.