WITHDRAWALS. 23 



25, 1910, c. 421, sec. 1, 36 Stat., 847 (Comp. St., 1913, sec. 4523), 

 expressly authorizes such withdrawals by the President. (United 

 States v. Hodges et ux., 218 Fed., 87.) 



The long continued practice of the President, with the acquiescence 

 of Congress, of withdrawing in the public interest from entry or 

 location, public land that otherwise would have been open to private 

 acquisition, operated as a grant of implied power to the President 

 to make temporary withdrawals in aid of proposed legislation. 

 (United States v. Midwest Oil Co. et al., 236 U. S., 309.) 



The existence of such power of the Executive is not negatived by 

 the provisions of the act of June 25, 1910 (36 Stat., 847). (United 

 States v. Midwest Oil Co. et al., supra.) 



This act confers upon the President power to withdraw National 

 Forest lands for the purposes therein stated. "Public lands," as 

 used therein, includes National Forest lands. (Informal opinion of 

 Attorney General to Secretary of Agriculture of Nov. 23, 1910.) 



The Secretary of Agriculture has no authority to issue a power 

 permit affecting National Forest lands withdrawn under this act for 

 a power site (2 Sol. Op., 817) ; nor can he make leases, under the act 

 of Feb. 28, 1899, or authorize other uses of lands similarly with- 

 drawn around mineral and medicinal springs in Alaska. (2 Sol. 

 Op., 870.) 



WITHDRAWALS FOR THE PRESERVATION OF ANTIQUITIES. 



Act of June 8, 1906 (34 Stat., 225). 



Sec. 2. That the President of the United States is hereby author- 

 ized, in his discretion, to declare by public proclamation historic 

 landmarks, historic and prehistoric structures, and other objects of 

 historic or scientific interest that are situated upon the lands owned 

 or controlled by the Government of the United States to be national 

 monuments, and may reserve as a part thereof parcels of land the 

 limits of which in all cases shall be confined to the smallest area com- 

 patible with the proper care and management of the objects to be pro- 

 tected: Provided, That when such objects are situated upon a tract 

 covered by a bona fide unperf ected claim or held in private ownership, 

 the tract, or so much thereof as may be necessary for the proper care 

 and management of the object, may be relinquished to the Govern- 

 ment, and the Secretary of the Interior is hereby authorized to accept 

 the relinquishment of such tracts in behalf of the Government of the 

 United States. 



Sec. 3. That permits for the examination of ruins, the excavation 

 of archaeological sites, and the gathering of objects of antiquity upon 

 the lands under their respective jurisdictions may be granted by the 

 Secretaries of the Interior, Agriculture, and War to institutions 

 which they may deem properly qualified to conduct such examination, 

 excavation, or gathering, subject to such rules and regulations as 

 they may prescribe: Provided, That the examinations, excavations, 

 and gatherings are undertaken for the benefit of reputable museums, 

 universities, colleges, or other recognized scientific or educational in- 

 stitutions, with a view to increasing the knowledge of such objects, 

 and that the gatherings shall be made for permanent preservation in 

 public museums. 



