And for that intention it makes no apology.
Fortunately for the Forest Service, the point of view which it worked
out for itself under the pressure of its responsibilities was found to
be that of the Supreme Court. In the case of the U.S. vs. Macdaniel (7
Pet., 13-14), involving the administrative powers of the head of a
Department, the Supreme Court of the United States said:
"He is limited in the exercise of his
powers by the law; but it does not
follow that he must show statutory
provision for everything he does. No
government could be administered on
such principles. To attempt to regulate,
by law, the minute movements
of every part of the complicated machinery
of government, would evince a
most unpardonable ignorance on the
subject. Whilst the great outlines of
its movements may be marked out,
and limitations imposed on the exercise
of its powers, there are numberless
things which must be done, that can
neither be anticipated nor defined, and
which are essential to the proper action
of the government."
Congress has given to the Secretary of Agriculture, acting through the
Forest Service, the specific task of administering the National
Forests, with full power to perform it, and has provided that he "may
make such rules and regulations and establish such service as will
ensure the objects of said reservations, namely, to regulate their
occupancy and use and to preserve the forests thereon from destruction.
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