yO TUE UNITED STATES DEPARTMENT OF AGRICULTURE 



body to keep pace; or because of the greater complexity of 

 this type of legislation, which has made congressmen recog- 

 nize their inability to provide for all contingencies which 

 may arise, more latitude is being given to the executive 

 authorities. All of the measures which we shall consider 

 in this chapter specifically authorize the Secretary of Agri- 

 culture to promulgate such rules and regulations as may be 

 necessary for making them effective. 



It is this provision which gives elasticity to otherwise 

 rigid laws. To what extent it may be necessary or desirable 

 thus to supplement the statutory law, depends in part upon 

 the provisions of the law itself and, in part, upon the nature 

 of the subject or relationships to which the law is applicable. 

 Even administrative officers find that they must rely largely 

 on experience in formulating such regulations as will most 

 effectually carry out the intent of the legislative body. The 

 result is that the regulations are either issued serially as the 

 need arises, or must undergo periodical revision. 



The power to issue these regulations, as previously indi- 

 cated, is purely a delegated one. Under the American sys- 

 tem of government, administrative officers have no general 

 ordinance power. Such regulations as are issued, then, 

 derive their legal force from the law upon which they are 

 predicated, and which they are intended to supplement.' 

 To the extent that they represent a reasonable interpreta- 

 tion of the statutory provisions, they have the same legal 

 force as the law itself. 



In determining what is the real intent of the law, or of the 

 legislative body, administrative officers are frequently con- 

 fronted with problems which arc not unlike those that are 

 presented to the courts in their interpretation of the law. 

 Generally, and unless otherwise specifically provided, the 

 question as to the conformity of an administrative regula- 

 tion with the law must, where appeal is made, be answered 

 by the courts. In determining whether the regulations are 

 consistent with the law, there must be applied the same rule 



» Ibid., p. 143- 



