359 



''to set apart and cause to be protected from damage such woods 

 and forest land's, the property of the government, as may in his 

 opinion be best suited for the protection of water sources, and 

 the supply of timber and fruit trees, cabinet woods and valuable 

 shrubbery." He was also authorized, by Section 3, "to secure 

 from the Commissioners of Crown Lands, jjy lease or otherwise, 

 such woods and lands being the property of the Crown, as may be 

 suitable for carrying out the purposes set forth in this Act." The 

 same officer was further given authority, by Section 2, to appoint 

 a superintendent of woods and forests whose duty it was to carry 

 out such rules and regulations as might be established for the 

 protection of "Reserved woods and' forest lands." While the 

 power to make such rules and regulations is not expressly given, 

 it is one which is necessarily implied from the provisions quoted. 

 Under this act of the legislature, therefore, certain portions of the 

 public domain might be set apart for special purposes and became 

 then a separate class of land to be utilized in one way only. 



By the "Act to Establish a Bureau of Agriculture and For- 

 estry," Ch. 81, S. L. 1892 (Appendix R. L. P. 1285) the execu- 

 tion of the law above referred to was made one of the duties of 

 such Bureau, which consisted of the Minister of the Interior, as 

 President ex-officio, and four other persons appointed by him with 

 the approval of the Cabinet. Whether the Bureau thereby became 

 authorized' to set apart government lands for forest reservation 

 is doubtful, but such Bureau clearly was charged with the duty of 

 caring for such reservations when made. The Minister of the 

 Interior having the care and control of government lands, being 

 given express authority to set them apart for forest reservations, 

 and being ex-officio President of the Bureau of Agriculture and 

 Forestry, it may be argued that the legislature saw no need of 

 expressly transferring the power to make such reservations inas- 

 much as no conflict of authority was likely to occur. 



Section 9 of said Land Act "to make, alter and revoke rules 

 and regulations * * ''' for the protection of forests and reser- 

 vations for forest growth." 



The Land Act did not expressly repeal or amend the provisions 

 of the "Act to Establish a Bureau of Algriculture and Forestry," 

 Ch. 81, S. L. 1892 (Appendix, R. L. P. 1285), referred to above. 

 On the contrary it must be studied in the light of such act, and 

 construed, if possible so as not to conflict with the provisions of 

 such. The question arises, therefore, as to what effect the Land 

 Act had on the previous provisions of law. 



It will be noted that forest reservations heretofore made re- 

 mained under the control of the Minister of the Interior, who also 

 was to take charge of all reservations of public lands thereafter 

 made for "public purposes." It will also be noted that the Com- 

 missioners of Public Land's were placed in charge of all public 

 lands, except certain designated classes, and that when lands w^ere 

 set apart by them "for public purposes" such lands thereupon 



