363 



Under subdivision 6 of Section 377, R. L., and Section 379, R. 

 L., government lands, when set apart for forest reserves are de- 

 clared to be under the care, custody and control of the Board of 

 Agriculture and Forestry, the executive officer of which also has 

 all powers an.d duties vested* before April 25, 1903, in the Com- 

 missioner of Agriculture and Forestry. (Sec. 373 R. L. as 

 amended by Act 106, S. L. 1907.) 



Subdivisions 7 and 8 of Section 377, R. L., which section de- 

 fines the duty of the Board, read as follows : 



"7 PROTECTION OF FORESTS AND WATER 

 SUPPLY. To devise ways and means of protecting, extend- 

 ing, increasing, and utilizing the forests and forest reserves, 

 more particularly for protecting and developing the springs, 

 streams and sources of w^ater supply, so as to increase and' 

 make such water supply available for use; 



"8. SELF-SUPPORT OF FORESTS. To devise and 

 carry into operation, ways and means by wdiicli forests and 

 forest reservations can, with due regard to the main objects 

 in this chapter set forth, be made self-supporting in whole or 

 in part" 



The duty to protect, extend, increase and utilize forests and 

 forest reserves, and to devise and carry into operation ways and 

 means by which forests and forest reserves can be made self- 

 supporting, carries with it such power as is necessary to properly 

 perform such dutv. If in the due performance of the duty thus 

 laid on the Board of Agriculture and Forestry it becomes neces- 

 sary for the Board to cut and remove a portion of the timber in 

 the forest reserve, the Board would have power to do so ; and in 

 order to carry out the duty of devising ways and means of mak- 

 ing forests and forest reserves self-supporting, the Board would* 

 have power to sell timber so cut. 'The exercise in any case of a 

 power by the Board must be limited by the necessity for its use. 

 in order to perform properly a duty laid upon it, and only the 

 power necessary to perform, such duty is given it. While the 

 power of the Board to cut and remove wood upon forest reserves 

 is an implied power only, yet the provisions of Section 385 of the 

 Revised Laws seem to indicate that the legislature intended to 

 authorize the Board to exercise just such power whenever it was 

 necessary for the protection, increase, or extension of forests and 

 forest reserves. That section read's as follow^s : 



"Sec. 385. INCOME FROM FOREST RESERVES. 

 In case any money shall accrue from any forest reserve, or 

 the products thereof, the same shall be deposited in the treas- 

 ury as a special fund for the preservation, extension and 

 utilization of forests and available for use under this chapter, 

 subject to withdrawal and use in the same manner as moneys 

 appropriated by the legislature." 



