THE USE BOOK. 261 



By the act of June 4, 1897, 30 Stat., 34-36, in modification of a 

 prior act for the creation of forest reserves, it is, among other 

 provisions, enacted, that 



The Secretary of the Interior * * * may make such 

 rules and regulations and establish such service as will in- 

 sure the objects of such reservations, namely, to regulate 

 their occupancy and use, and to preserve the forests thereon 

 from destruction, and any violations of the provisions of 

 this act [567] or of such rules and regulations shall be 

 punished as is provided for in the act of June fourth, 

 eighteen hundred and eighty-eight; 



which said last act provides as follows: 



Every person who unlawfully cuts, or aids or is em- 

 ployed in unlawfully cutting, or wantonly destroys, or pro- 

 cures to be wantonly destroyed, any timber standing upon 

 the land of the United States * * * shall pay a fine of 

 not more than five hundred dollars or be imprisoned not 

 more than twelve months, or both, in the discretion of the 

 court. 



By reason of such statutes the Secretary promulgated certain 

 rules and regulations, a part of No. 72 of which is that 



The following acts are hereby forbidden and declared to 

 constitute trespass, punishable by fine and imprisonment: 



(a) Grazing upon or driving across a forest reserve any 

 live stock without a permit, except as otherwise allowed by 

 regulation. 



The defendants claim that the Secretary is not authorized by 

 Congress to make the above rule, and that if it intended to grant 

 such authority it was an attempt to delegate legislative power, 

 which is ultra r//r.v. It is too well settled to admit any doubt 

 that Congress can not delegate to any other body or person any 

 authority to legislate, but it is also as well settled that it may 

 authorize an executive officer to formulate rules and regula- 

 tions for the full and explicit enforcement of the law enacted 

 and according to its full intent and spirit. To discuss either 

 of these questions would be a wasteful use of time. Very many 

 of the acts of Congress contain such delegation of authority. 

 Had it not the power to do so, many of its statutes would be 

 largely nugatory, for it is impossible for it to anticipate the 

 various questions that may arise in the enforcement of its laws 

 and to provide for them. The objections made in this case to 

 the rule is the same that is usually made to other like rules. 

 The solution of the question must in each case be reached by 



