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Issued February 13, 1913.
OFFICE OF THE SOLICITOR.
GEO. P. MCCABE, Solicitor.
THE NATIONAL FOREST MANUAL.
GENERAL LAWS, PARTS OF LAWS, DECISIONS, AND
OF NATIONAL FORESTS.
PREPARED FOR THE USE OF OFFICERS AND EMPLOYEES
OF THE DEPARTMENT OF AGRICULTURE.
LETTER OF TRANSMITTAL.
U. S. DEPARTMENT OF AGRICULTURE,
OFFICE OF THE SOLICITOR,
Washington, D. C., November 8, 1912. SIR: I have the honor to transmit herewith, and to recommend for publication, a compilation of laws and parts of laws of a general nature affecting the administration and protection of the National Forests, with citations to acts of special or local application, and references to the more important decisions of the courts, the Interior Department, the Attorney General, the Comptroller of the Treasury, and the Solicitor of the Department of Agriculture. This compilation was requested by the Forester, and under my direction was compiled by Mr. W. W. Dyar, with the aid of other assistants to the Solicitor, all under the supervision of Mr. R. W. Williams, in charge of the Forest Service section of this office. Respectfully,
GEO. P. McCABE,
GENERAL LAWS, PARTS OF LAWS, DECISIONS, AND
OPINIONS APPLICABLE TO THE CREATION, AD-
ESTABLISHMENT OF NATIONAL FORESTS AND GENERAL
POWERS OF ADMINISTRATION (NATIONAL MONUMENTS
AND GAME REFUGES.)
(1103) SEC. 24. That the President of the United States may, from Creation of Na time to time, set apart and reserve, in any State or Territory having t.
v State or Territory having tional Forests. public land bearing forests, in any part of the public lands wholly or in part covered with timber or undergrowth, whether of commercial value or not, as public reservations, and the President shall, by public proclamation, declare the establishment of such reservations and the jimits thereof.
Agricultural appropriation act of March 4, 1907 (34 Stat. 1256). (1269] * * * Forest reserves. * * * shall be known hereafter Designation of as National Forests * * *
forest reserves. Sundry civil appropriation act of June 4, 1897 (30 Stat., 11).  * * * To remove any doubt which may exist pertaining to President em
powered to rethe authority of the President thereunto sin regard to the National
voke, modify, or Forests), the President of the United States is hereby authorized and suspend Execuempowered to revoke, modify, or suspend any and all such Executive tive orders or
proclamations. orders and proclamations, or any part thereof, from time to time as he proc shall deem best for the public interests: * * *  The President is hereby authorized at any time to modify any President may
modify any ExecExecutive order that has been or may hereafter be made establishing any i
Y utive order, etc. forest reserve, and by any such modification may reduce the area or change the boundary lines of such reserve, or may vacate altogether any order creating such reserve.
Agricultural appropriation act of March 4, 1907 (34 Stat., 1256). (1271) Hereafter no forest reserve shall be created, nor shall any No new forests additions be made to one heretofore created within the limits of the tor
ne certain States. States of Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, except by act of Congress. (California added by act of Aug. 24, 1912, p. 9, post.) Act of February 1, 1905 (33 Stat., 628), providing for the transfer of forest reserves from
the Department of the Interior to the Department of Agriculture. The Secretary of the Department of Agriculture shall, from and after Transfer of Na
tional Forests to the passage of this act, execute or cause to be executed all laws affecting care of Secretary public lands heretofore or hereafter reserved under the provisions of of Agriculture. section twenty-four of the act entitled “An act to repeal the timber- 26 Stat., 1095.
1 The public lands are held in trust for the whole people, not for the people of the States within which they are located. The Government has in its lands all the rights of an individual proprietor to maintain its possession and prosecute tres passers. It may deal with them as an individual may deal with his lands. It may sell or withhold them from sale or settlement. It may absolutely prohibit or fix the terms on which they may be used. The constitutional declaration that “Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or the property belonging to the United States” (Art. IV, sec. 3), places in Congress authority and discretion to exercise the above rights and powers; and Congress may therefore reserve or authorize the President to reserve public lands as National Forests without the consent of the State within whose borders they lie. (Light v. United States, 220 V. S., 623, and cases therein cited.)