midwest oil co argued may decided february certificate circuit appeals eighth circuit presenting following questions prior act june stat chap comp stat president secretary interior lawful power aid proposed legislation affecting use disposition petroleum deposits public domain withdraw public lands containing petroleum chiefly valuable therefor forms location selection filing entry disposal public laws petroleum withdrawal date september effect preventing lawful location acquisition lands described said withdrawal order contained petroleum mineral oils chiefly valuable therefor persons authorized enter lands mining laws provisions act congress entitled act authorize entry patenting lands containing petroleum mineral oils laws approved february stat chap comp stat must efficacy order september reserve land controversy subsequent initiation acquisition rights act february supra held depend upon nature purpose purposes made question answered affirmative essential validity reservation withdrawal purpose purposes expressed order specific purposes actuating order september sufficient law sustain consistent appearing language incumbent plaintiff allege specific purposes bill order advantage defendant motion dismiss assuming general purposes expressed order september suffice alone determine validity invalidity might another consistent purpose sufficient sustain order presumed valid absence allegation proof purpose exist suit originated bill equity filed district district wyoming seeking recover certain tracts petroleum lands obtain accounting petroleum alleged illegally extracted therefrom sustained defendant demurrer dismissed bill whereupon government took case circuit appeals rendered decision certified questions case remanded district directions reverse decree dismissing bill facts stated opinion solicitor general davis assistant attorney general knaebel joel vaile henry mcallister william vaile karl schuyler walter schuyler stevenson lee champion midwest oil company et al aldis browne alexander britton evans browne francis clements frederic kellogg pillsbury oscar sutro frank short amici curioe justice lamar delivered opinion public lands containing petroleum mineral oils chiefly valuable therefor declared congress open occupation exploration purchase citizens regulations prescribed law act february stat chap comp stat rev stat comp stat regulations permitted exploration location without payment sum title obtained merely nominal amount many persons availed provisions statute large areas california explored petroleum found locations made discoverer others adjoining land flow well one lot might exhaust oil adjacent land interest operator extract oil soon possible share otherwise taken owners nearby wells result oil rapidly extracted september director geological survey made report secretary interior inclosures called attention fact limited supply coal pacific coast value oil fuel fully demonstrated yet rate oil lands california patented private parties impossible people continue ownership oil lands months government obliged repurchase oil practically given away view increasing use fuel american navy appear immediate necessity assuring conservation proper supply petroleum government use enactment adequate legislation subject filing claims oil lands state california suspended recommendation approved secretary interior shortly afterwards brought matter attention president september issued following proclamation temporary petroleum withdrawal aid proposed legislation affecting use disposition petroleum deposits public domain public lands accompanying lists hereby temporarily withdrawn forms location settlement selection filing entry disposal mineral nonmineral laws locations claims existing valid date may proceed entry usual manner filing investigation examination list attached described area aggregating acres california course order applied public lands therein acreage shown march six months publication proclamation william henshaw others entered upon quarter section public land wyoming withdrawn made explorations bored well discovered oil thereafter assigned interest appellees took possession extracted large quantities oil may filed location certificate explorations original claimants subsequent operation well long date president proclamation government filed district district wyoming bill equity midwest oil company appellees seeking recover land obtain accounting barrels oil alleged illegally extracted sustained defendant demurrer dismissed bill thereupon government took case circuit appeals eighth circuit rendered decision certified certain questions order subsequently passed directing entire record sent consideration case twice fully argued parties well persons interested oil lands similarly affected submitted lengthy elaborate briefs single controlling question validity withdrawal order part government urged president commander chief army navy power make order purpose retaining preserving source supply fuel navy instead allowing oil land taken nominal sum government obliged purchase great cost previously owned argued president charged care public domain virtue executive power vested constitution art also conformity tacit consent congress withdraw public interest public land entry location private parties appellees hand insist dispensing power executive suspend statute withdraw entry location land congress affirmatively declared free open acquisition citizens insist withdrawal order absolutely void since appears face mere attempt suspend order allow congress pass another accordance executive thought public interest need consider whether original question president withdrawn private acquisition congress made free open occupation purchase case determined grounds light legal consequences flowing practice make orders like one involved president proclamation september means first instance executive special order withdrawn lands congress general statute thrown open acquisition citizens known first orders made certain practice dates early period history government grisar mcdowell wall ed scores hundreds orders made treating must wolsey chapman ed act president examination official publications show excluding made virtue special congressional action donnelly ed sup ann cas past eighty years without express statutory claim power multitude executive orders operated withdraw public land otherwise open private acquisition affected every kind nonmineral size tracts varied square rods many square miles amount withdrawn aggregated millions acres number instances course accurately given extent practice best appreciated consideration believed correct enumeration executive orders mentioned public documents show prior year issued executive orders establishing enlarging indian reservations executive orders establishing enlarging military reservations setting apart land water timber fuel hay signal stations target ranges rights way use connection military reservations executive orders establishing bird reserves sense lands may intended public use reserved public purpose reserved pursuance law virtue general special statutory authority specially noted act congress providing bird reserves indian reservations law establishment military reservations defining size location statute empowering president withdraw lands settlement reserve purposes indicated appeared public interest served withdrawing reserving parts public domain nothing natural retain government already owned making orders thus useful public private interest injured prior initiation right given law citizen enforceable interest public statute private right land property people president position know public interest required particular portions people lands withdrawn entry location action inflicted wrong upon private citizen subject disaffirmance congress occasion harm interest public large congress repudiate power claimed withdrawal orders made contrary uniformly repeatedly acquiesced practice shown records prior least executive orders making reservations useful though nonstatutory purposes right president make thus withdraw land private expressly recognized grisar mcdowell wall ed said early period history government practice president order time time exigencies public service required parcels land belonging reserved sale set apart public uses notwithstanding decision continuity practice absence express statutory authority occasion doubt expressed power president make orders matter therefore several times referred law officers government opinion subject one stated ops atty validity orders rested power president withhold sale settlement discretion portions public domain another reported power president recognized congress recognition equivalent grant ops atty claim made power withdraw extend mineral land attorney general gave opinion power must extending lands belong public domain capable exercised respect lands long remain unappropriated ops atty similar views expressed officers land department indeed one strongest assertions existence power frequently quoted statement secretary teller made power resides executive early period history country make reservations never denied either legislatively judicially contrary recognized constitutes fact part land office law existe ex necessitate rei indispensable public weal light different laws enacted herein indicated referred existing undisputed power well settled ever disputed land may argued facts rulings prove usage establish validity government practical affair intended practical men officers lawmakers citizens naturally adjust action executive department presumption unauthorized acts allowed often repeated crystallize regular practice presumption reasoning circle basis wise quieting rule determining meaning statute existence power weight shall given usage validity practice subject investigation principle recognized every jurisdiction first applied case stuart laird cranch ed answering objection act stat chap unconstitutional far gave circuit powers judges said acquiescence period several years commencing organization judicial system affords irresistible answer indeed fixed construction contemporary interpretation forcible nature practical exposition strong obstinate shaken controlled mcpherson blacker ed sup question validity state law providing appointment presidential electors held terms provision constitution left question power doubt continuous subsequent practical construction treated decisive fairbank ed sup crim cooley port wardens ed see also grisar mcdowell wall ed practice executive department referred evidence validity orders making reservations public land even practice means general extensive since become decisions course mean private rights created officer withdrawing railroad authorized congress land grant act southern bell ed sup brandon ard ed sup decisions mean executive course action create power clearly indicate practice known acquiesced congress raise presumption withdrawals made pursuance consent recognized administrative power executive management public lands particularly true view fact land property land laws legislative character highest sense term art savor somewhat mere rules prescribed owner property disposal butte city water baker ed sup rules laws disposal public land necessarily general nature emergencies may occur conditions may change require agent charge public interest withhold land sale express authority granted nothing nature power exercised prevents congress granting implication done owner property similar conditions power executive agent charge retain property sale need necessarily expressed writing lockhart johnson ed sup bronson chappell wall ed campbell kenosha wall ed must borne mind congress legislative power public domain also exercises powers proprietor therein congress deal lands precisely ordinary individual may deal farming property may sell withhold sale camfield ed sup light ed sup like owner may provide land sold permit withdrawn sale like owner waive strict rights valuable privilege grazing cattle public land held based upon license growing custom nearly hundred years buford houtz ed sup early days silent acquiescence assented general occupation public lands mining atchison peterson wall ed private persons acquire privilege public land virtue implied congressional consent much stronger reason implied grant power preserve public interest arise like congressional acquiescence executive agent charge public domain multitude orders extending long period time affecting vast bodies land many territories withdrew large areas public interest orders known congress principal single instance act agent disapproved acquiescence readily operated implied grant power view fact exercise useful public interfere vested right citizen appellees however argue practice thus approved related reservations cases land reserved military special public purposes contend even president reserve land public purpose naval uses follow withdraw land aid legislation analyzed proposition effect seeks make distinction reservation withdrawal reservation purpose provided existing legislation withdrawal made aid future legislation mean permanent reservation purpose designated president provided statute valid merely temporary withdrawal enable congress legislate public interest invalid necessary point greater includes less power make permanent reservations includes power make temporary withdrawals distinction principle two character power exerted cases order made serve public interest effect intending settler miner question need left solely inference since validity withdrawal orders aid legislation expressly recognized series cases involving number orders made dubuque litchfield ed wolcott des moines nav wall ed wolsey chapman ed litchfield webster county ed bullard des moines ed sup appears decisions others cited therein congress made territory iowa grant land sides des moines purpose improving navigation mouth river raccoon fork wall outset difference opinion whether grant extended throughout entire course river limited land opposite portion stream improved dubuque litchfield ed decided held grant included land mouth river raccoon fork eleven years prior decision various conflicting rulings land department first held grant included land fork certificates issued territory work progressed ruling shortly followed another grant extended fork april secretary ewing concurring attorney general crittenden opinion grant extend beyond raccoon fork issued order withholding lands controversy market close session congress order continued ever since italicize order give state opportunity petitioning extension grant congress bullard des moines ed sup withdrawal made legislation passed several years later dates various private citizens made settlements various statutes initiated rights acquired interest withdrawal order void settlements obtained rights withdrawal order valid subsequent ratification related back withdrawal originally void ratification course cut intervening rights settlers cook tullis wall ed litigation settlers claiming existing land laws whose title depended upon original validity withdrawals made aid legislation riley welles ed sup bullard des moines ed sup wolcott des moines nav wall ed suits withdrawal orders treated derived validity legislation subsequently passed aid iowa assignees treated effective dates regardless fact land included therein originally granted iowa one said decided number cases regard thses lands withdrawal operated exclude sale purchase lands controversy bullard des moines ed sup beginning order secretary ewing aid legislation behalf iowa continuance even decided land fork passed territory practice making withdrawals continued reasons making withdrawal orders varied power exerted supported implied consent congress distinction drawn principle decided iowa cases power involved making reservation differ exercised making withdrawal executive practice congressional acquiescence operated grant implied power make permanent reservations also present operate grant implied power make temporary withdrawals may well refer public records showing existence extent practice withdrawals aid legislation made particular cases land land land many others general nature much extensive operation example land department passed order suspending location settlement certain islands isolated tracts containing less acres view submitting congress question whether legislation subject needed land reports congresses doc house doc contained list withdrawals made prevent disposal land pending consideration question advisability setting apart forest reservations phosphate land withdrawn pending action congress house doc cong sess also temporary withdrawals oil land agricultural entry aid subsequent legislation doc house doc pursuance like practice power public land containing coal withdrawn enactment new legislation land doc message president session congress attention called withdrawal coal lands aid legislation repudiation order practice either session succeeding session congress claimed argument act stat chap comp stat legislation contemplated executive coal lands temporarily withdrawn order reference already made act stat concerning iowa lands withdrawn instances congressional action less remote period order temporary withdrawal land wind cave park withdrawn park established stat chap comp stat bird reserves established stat chap comp stat act passed making offense interfere birds reserves established law proclamation executive order see also land stat chap majority cases subsequent legislation reference lands although withdrawal orders prevented acquisition private interest land order revoked whether particular case congress acted nothing done way construed denial right executive make temporary withdrawals public land public interest considering size tracts affected length time remained force without objection orders islands isolated tracts coal phosphate oil lands withdrawn aid legislation furnish ample proof congressional recognition power withdraw existence power recognized exercise executive assented congress emphasized fact withdrawals issued report secretary interior made response resolution senate calling information public lands withdrawn disposition settlement laws order commissioner general land office authority law exists order withdrawal answer specific inquiry returned march senate doc cong sess vol date secretary transmitted senate elaborate detailed report commissioner land office response inquiry authority withdrawals made answered power executive department government make reservations land public use temporarily withdraw lands appropriation individuals exigencies might demand prevent fraud aid proper administration aid pending legislation one long recognized acts congress decisions power long exercised commissioner general land office shown reference date withdrawals enumerated attached list embraces lands withdrawn office acting motion cases emergencies appeared demand action furtherance public interest include lands withdrawn express statutes directed list attached refers withdrawal orders number issued many aid administration land laws correct boundaries prevent fraud make classification land like made prevent settlements question considered whether lands might included forest reservation thereafter established one referred also land made order afford state nebraska opportunity procure legislative relief iowa cases cited report refers withdrawals reservations important connection present inquiry whether congress knew practice make temporary withdrawals knowingly assented thereto noted resolution called department state extent withdrawals authority made officer land department answer shows large number withdrawals made good nonstatutory reasons shows orders made virtue practice claim right take action public interest exigencies might demand congress notice practice claim authority received report neither session afterwards ever repudiate action taken power claimed silence acquiescence acquiescence equivalent consent continue practice power revoked subsequent action congress position appellees strengthened act june stat chap comp stat authorize president make withdrawals public lands requiring list filed congress passed president proclamation september months occupation attempted location virtue appellees claim acquired right land statute expressly provided construed recognition abridgment enlargement asserted rights claims initiated upon oil gas bearing lands withdrawal lands made prior passage act true argued act provides shall construed asserted rights initiated oil lands withdrawn likewise provides shall considered rights however nothing said indicating slightest intent repudiate withdrawals already made legislative history statute shows intent purpose make act retroactive disaffirm agent charge already done proclamation september withdrawing oil lands private acquisition consequence individuals public gave rise much discussion old question authority president make orders raised various bills introduced subject president sent message congress calling attention existence doubt suggesting desirability legislation expressly grant power ratify done bill passed house containing ratification authorizing future withdrawals bill came senate referred committee members agree view law two reports made majority review practice department acquiescence congress practice decisions courts reported president already general power withdrawal recommended passage pending bill inasmuch operated restrict greater power already possessed cong session regard fact private persons withdrawn land raised question validity order question presented matter judicial determination congress studious avoid anything affect either public private rights therefore used language showed statute intended retrospective construed either recognition enlargement repudiation rights like asserted appellees words notwithstanding withdrawal locator initiated right however perfected congress undertake take away rights hand withdrawal order legally made existing power needed ratification location made withdrawal gave appellees right congress statute legislate public validate invalid location act left rights parties position appellees determined state law proclamation issued heretofore pointed practice acquiescence congress well decisions courts show president power make order said wolsey chapman ed sufficient defeat settlement order force case therefore remanded district directions decree dismissing bill reversed justice mcreynolds took part decision case justice day concurred justice mckenna justice van devanter dissenting case originated bill filed district district wyoming restrain trespasses certain tract public petroleum lands state wyoming obtain accounting petroleum claimed wrongfully extracted therefrom bill sets ownership land question tract acres alleges land chiefly valuable petroleum september tract controversy common many others withdrawn mineral exploration forms location settlement selection filing entry disposal mineral nonmineral public land laws done order promulgated day secretary interior pursuant direction president order listed townships sections aggregating acres situated wyoming california terms order styled petroleum withdrawal aid proposed legislation affecting use disposition petroleum deposits public domain public lands accompanying lists hereby temporarily withdrawn forms location settlement selection filing entry disposal mineral nonmineral public land laws locations claims existing valid date may proceed entry usual manner field investigation examination appears averments bill lands originally located certain individuals order withdrawal march entered upon explored well drilled thereby rendering subject ready extraction large deposits petroleum great value original claimants caused filed recorded records natrona county wyoming certain location certificate evidencing claim location land petroleum mining claim pursuance mining laws parties subsequently assigned rights defendant midwest oil company certain persons named bill also avers withdrawal order september july order withdrawal described withdrawal petroleum reserve made president expressly affirming order september law location question made stat chap comp stat reads person authorized enter lands mining laws may enter obtain patent lands containing petroleum mineral oils chiefly valuable therefor provisions laws relating placer mineral claims rev stat comp stat provision made entering patenting claims like manner vein lode claims rev stat comp stat valuable mineral deposits opened exploration purchase lands containing occupation purchase regulations prescribed law according local customs rules miners allegations bill set steps led president order withdrawal september may look allegations read light public documents embodying history transaction may take judicial notice september secretary interior direction president issued temporary petroleum withdrawal order set forth making order preceded certain correspondence leading february director geological survey addressed letter scretary inerior setting forth opinion superiority liquid fuel navy inadequacy coal supply pacific coast fact demand oil greater supply little oil land remained governmental control rapidly patented recommendation filing claims oil lands california suspended order government might continue ownership valuable supplies liquid fuel september director sent another letter secretary interior inclosing copy earlier letter saying substance arguments contained letter reinforced survey conservation report petroleum resources showed time production exceeded demand trade inasmuch disposal public petroleum lands nominal prices encouraged overproduction legislation providing sane development resources enacted also stated conservation petroleum supply demanded law providing disposal oil remaining public lands terms barrels oil rather acres land considering use lubricating oil fuel oil navy immediate necessity conserving proper supply petroleum government use recommended suspension filing claims oil lands california pending legislation subject also called attention fact commissioner general land office acting upon report classifying certain oil lands california issued instructions withholding oil lands agricultural entry pending consideration legislation day secretary interior addressed letter president calling attention subject conservation petroleum resources public domain especially reference requirements navy repeating substance director letter stating lands mentioned director letter also withdrawn entry california concluding legislation needed assure conservation adequate supply petroleum government needs believed interfere private development california oil pools therefore necessity temporary withdrawals land entry shortly thereafter september secretary interior telegraphed acting secretary salt lake city seen president follows conferred president respecting temporary withdrawals covering oil lands present withdrawals permit mining entries made lands wish withdrawals modified prohibit disposition pending legislation following day acting secretary telegraphed secretary helena montana received california wyoming petroleum withdrawals heretofore made permit mining locations following direction temporarily withdrawn forms location entry acres california acres wyoming heretofore withdrawn classification withdrawal prevents forms acquisition future holds land statu quo pending legislation thereupon withdrawal order september set forth promulgated observed lands controversy situated state wyoming suggestion lands ever needed basis oil supply navy withdrawn solely upon suggestion better disposition made found existing acts congress controlling subject statement evident first question decided concerns validity president withdrawal order september necessary determine whether order within authority president effect withdraw land controversy location mineral land law whether held order force effect prevent persons acquiring rights statutes concerning subject constitution article provides congress shall power dispose make needful rules regulations respecting territory property belonging section power dispose lands belonging broadly conferred upon congress power therein given system land laws disposition public domain enacted gratiot pet ed fitzgerald pet ed van brocklin tennessee van brocklin anderson ed sup wisconsin price county ed sup last case said constitution vests congress power make needful rules regulations respecting territory property belonging implies exclusion authority property interfere right obstruct exercise contended behalf government power president make orders question grown authorization congress legislation long sanction acquiescence exercise executive authority admitted authority president deal public lands must come congress sanction action executive received course many years legislation congressional acquiescence effective though express authority conferred law aid argument general course legislation pointed decisions opinions attorneys general connection certain acts cited upon hand contended acts taken general declaration congressional intent upon subject contain express authorization president make withdrawals congress wishes confer power instances referred set margin thus explicitly recognized already apparent terms constitution sole authority dispose public lands vested congress branch federal government right executive withdraw lands congress declared shall open free settlement upon terms congress prescribed said arise tacit consent congress long acquiescence executive action resulting implied authority congress make withdrawals public interest executive deems proper necessary nothing constitution suggesting authorizing augmentation executive authority justifying thus acting aid power framers constitution saw fit vest exclusively legislative branch government true many withdrawals made president sustained may fairly said within limitations hereinafter stated executive withdrawals sanction judicial approval read cases instance sustained withdrawal public lands congress provided system disposition except withdrawal pursuance policy already declared congress one public lands might used military indian reservations purposes congress authorized use public lands early day cases grants congress conflict purpose congress known therefore secretary interior sustained withdrawing lands entry congress opportunity relieve ambiguity laws specifically declaring policy undoubtedly true withdrawals made without specific authority act congress sustained believed found one categories stated hand executive authority exceeded hesitated declare sustain superior exclusive authority congress deal public lands first decision come attention matter dealt wilcox jackson pet ed decided case involved controversy concerning lands occupied military post called fort dearborn cook county illinois lands used many years military post indian agency reserved commissioner general land office request secretary war military purposes also appears prior may government built lighthouse part land suit brought jackson recover possession wilcox commander post claimed right hold officer orders secretary war claim asserted jackson arose preemption allowed lessor predecessor title act june stat chap revived act may stat chap provided entry sale land shall made provisions act shall reserved use either several reserved sale act congress order president may appropriated purpose whatsoever stating lands appropriated purpose whatsoever exempt lands question fact appropriated reviewed lagislation authorizing president erect fortifications establish trading houses concluding appropriation made authority law said thus see establishing trading houses indian tribes erection fortifications west purposes authorized law established erected president place question one trading house established fortification military post erected doubted suppose anyone congress law directed trading house established military post erected fort dearborn name authority law instead place left discretion president precisely thing effect appropriation one two purposes place authority law third appropriation case authority law congress law authorized erection lighthouse mouth chicago river within limits land question appropriated erection case agreed lighthouse built part land dispute may think appropriation fact law remarking congress must known authority given president former laws establish trading houses military posts military post long established fort dearborn said seem therefore studious use language comprehensive kind exemption right embrace every description reservation appropriation previously made public purposes reference reservation merely said consider done authority law amongst provisions act lands exempted emption reserved sale order president held act secretary war executive later laid rule lands legally appropriated immediately become severed mass public lands subsequent law proclamation embrace although reservation made case therefore following propositions deduced legal appropriation reservation unnecessary reservation case ratified subsequent act congress appropriation land controversy case authority law power placed president congress acts passed exertion power president grisar mcdowell wall ed another case relied upon controversy city san francisco reference extent pueblo lands belonging former determined order confirming title city subject exception lands dedicated public uses act congress march stat chap relinquishing claim subject reservation decree grisar claiming title city sought recover possession land reserved order president public purposes held defendant officer army commanding military department california entered upon premises held order secretary war part public property reserved military purposes dealing right president make reservation first held made difference whether president possessed sufficient authority make reservation part public domain excluded lands affirmed state plaintiff claimed dealing power president said early period history government practice president order time time exigencies public service required parcels land belonging reserved sale set apart public uses connection cited acts congress recognizing authority president among others act may supra provided right extend lands reserved sale act congress order president act september stat chap exempting lands reserved treaty law proclamation president march stat chap excepting lands appropriated authority act reserved competent authority held reservation competent authority meant authority president acting direction furthermore held action president making reservations indirectly approved congress appropriating moneys construction fortifications public works upon reservations embraced lands upon public buildings erected language justice field quoted authority president frequently quoted subsequent opinions attorneys general made basis opinions broad authority president observed however case law recited opinion giving power reservation contained congressional authority directly president competent authority held meant president statement added action president approved congress appropriating money fortifications public works government also relied upon series cases may called des moines river cases beginning wolcott des moines nav wall ed followed riley welles ed sup williams baker cedar rapids martindale wall ed iowa homestead valley wall ed wolsey chapman ed litchfield webster county ed dubuque des moines valley ed sup bullard des moines ed sup des moines nav ed sup original case wall shown cases grew act congress august stat chap granting territory iowa purpose aiding improving navigation des moines river mouth raccoon fork equal moiety alternate sections public lands strip five miles width side said river ambiguous description gave rise controversy appeared time time cases mentioned arose doubt whether grant iowa included lands raccoon fork early year commissioner general land office decided grant extended beyond raccoon fork later year president proclamation ordered sale land fork following october june however secretary treasury construed grant include lands fork directed reserved sale control general land office passed secretary interior april reversed decision secretary treasury directed lands embraced within state selections reserved sale matter two presidents cabinets different results finally octor secretary interior held view great conflict among executive officers government view opinion eminent jurists presented favor construction contended state willing recognize claim state approve selections without prejudice rights parties history subsequent legislation necessary recite given opinion act may stat chap upon plaintiff relied considered found provision lands heretofore reserved act congress manner competent authority purpose aiding object internal improvement purpose whatsoever reserved operation act grant made railroads admitted covered tract controversy unless excluded proviso held lands reserved competent authority saying argued lands reserved competent authority hence reservation nugatory seen reserved sale special purpose aiding improvement des moines secretary treasury land department supervision control secretary interior establishment department duties assigned afterwards continued department instructions president cabinet besides power competent think ever since establishment land department exercised present time grant august carried along necessary implication power duty land office reserve sale lands embraced grant otherwise object might utterly defeated hence immediately upon grant made congress public purposes state notice given commissioner land office registers receivers stop sales either public private entry notice given day grant made benefit railroads dispute existing extent grant way affects question serious conflict opinion among public authorities subject made duty land officers withhold sales reserve till ultimately disposed therefore apparent reservation sanctioned become duty officers law charged administration grants required give effect withhold lands sale reserve doubt extent grant words lands granted state iowa possibly intention congress subject selection grant laws said power reserve arose necessary implication grant riley welles ed sup involving claim title section act september land covered withdrawal act followed wolcott des moines nav wall ed repeated decision effect reservation williams baker cedar rapids martindale wall ed iowa homestead valley wall ed involving title lands claimed grant titles founded act wolcott case affirmed validity reservation act reason proviso act prevented railroad acquiring land wolsey chapman ed controversy whether grant territory iowa act september supra right select quantity lands internal improvement purposes excepting might sale law congress proclamation president permitted selection certain lands covered reservation cases held pp reserved also consequence act proper executive department government determined doubts extent operation act nothing done impair rights state raccoon fork differences settled either congress judicial decision purpose authoritative order issued directing local land officers withhold disputed lands sale withdrew lands private entry held riley welles sufficient defeat settlement purpose order force notwithstanding afterwards found law reason action taken contemplate withdrawal truth reservation public lands sale except reason treaty law authorized act executive department government litchfield webster county ed involved question whether title lands fork vested state act purpose taxation affirming previous cases held action executive department general government reserved land fork pass state selected school lands act railroad lands grant open emption entry executive order retained ownership case dubuque des moines valley ed sup also involved controversy whether title vested river railroad grant held validity reservation longer open question history matter restated bullard des moines ed sup made appear especially order withdrawing land effect time passage act july stat chap decision case dubuque litchfield ed determined congress act granted land fork iowa commissioner general land office notice may continued reservation notwithstanding decision referred held resolution congress march stat end reservation claims inaugurated resolution passage act july subject reservation said decided number cases regard lands withdrawal operated exclude sale purchase lands controversy unless case consider constitutes exception never revoked controversy remained order department control matter withdrawing lands dispute public sale settlement withdrawal held effectual grant made congress railroad companies act contained following proviso lands heretofore reserved act congress manner competent authority purpose aiding object internal improvement purpose whatsoever hereby reserved operation act except far may found necessary locate routes said railroads reserved lands case right way shall granted subject approval president quoted notice commissioner general land office may land fork reserved sale heretofore account claim state thereto continue reserved time sale location species script warrants notwithstanding recent decision claim action deemed necessary afford time congress consider upon memorial otherwise case actual bona fide settlers holding titles state make provision confirmation adjustment claims settlers may appear right proper said thus seen notwithstanding decision winter land office determined reservation lands continue purpose securing action congress state iowa soliciting disputed counsel appellant case valid continuation reservation continuance plaintiff claims made think joint resolution effect end reservation lands public entry way reservation sale public lands removed almost every instance reservation terminated proclamation president lands open entry sale instances first offered sale public auction seen anything joint resolution congress either considered controversy ended intended remove reservation instituted department immediate procedure next session full consideration whole subject shows ceased deal reason withdrawal reservation continued strongly doubted subject congress well committees act july first time conclusion end matter far congress concerned last des moines river cases des moines nav ed sup suit instituted quiet title certain lands conveyed state iowa navigation company others claiming trust performed reviewing history matter previous cases considerable length stated effect reservation validity reservation sustained case wolcott des moines nav wall ed decided december term case held even absence command effect statute duty officers land department immediately upon grant made congress reserve settlement sale lands within grant dispute extent duty reserve lands upon either construction might become necessary make good purposes grant ruling power duty officers land department since followed many cases bullard des moines supra cases cited opinion case us congress statutes referred expressly subjected lands operation placer mining law authorized exploration oil location entry purchase mineral lands congress way exercised power manifested situation withdrawal question made deriving aim executive various documents referred may fairly deduced prevailing purpose sole purpose far lands involved concerned making withdrawal anticipate congress brought attention might provide better economical system disposition public lands secondarily preserve oil lands california basis naval supply future latter purpose time declared recognized congress purposes president express authority congress fact claimed authority may arise implication think must limited purposes congress recognized either direct legislation acquiescence public purposes withdrawals made executive president might virtue executive authority take action preserve public property aid execution laws reserve tracts land definitely fixed public purposes declared congress military indian reservations may conceded unable find sanction action taken withdrawing large part public domain operation public land laws power inherent office created defined constitution way conferred upon legislation congress long acquiescence exercise authority sanctioned congress manner equivalent grant president constitutional authority president art includes executive power nation duty see laws faithfully executed president take care laws faithfully executed clause duty limited enforcement acts congress according express terms includes rights obligations growing constitution international relations protection implied nature government constitution cooley const law neagle ed sup constitution confer upon power enact laws suspend repeal congress enacts kendall pet ed president powers defined constitution government contend general authority disposition public land constitution committed congress freely concedes general proposition lack authority president deal laws otherwise see faithfully executed said sustained certain withdrawals made executive carrying policy use public lands indicated congressional legislation sustained right withdrawal conflicting grants made congress additional legislation needed expressly declare purpose congress refused sustain withdrawals made executive branch government contravention policy disposition lands declared acts congress southern bell ed sup held secretary interior authority withdraw lands within indemnity limits grant sale emption congress indicated purpose lands might taken settlers road exercised right selection brandon ard ed sup conflict attempted withdrawal aid land grant homestead settlement three years later held withdrawal lands sale settlement prior definite location road selected supply deficiencies place granted limits without authority law homestead settlement existing laws congress must prevail attempted withdrawal principle declared enforced osborn froyseth ed sup lockhart johnson ed sup justice peckham speaking tersely stated rule lands belonging whose sale disposition congress made provision general laws regarded legally open entry sale laws unless particular lands withdrawn sale congressional authority executive withdrawal authority either expressed implied think rule thus stated result previous decisions properly construed consistent authority public lands given congress constitution properly rests executive power deal lands way withdrawal upon express implied authority congress words may fairly said given withdrawal must expressly authorized congress must clear implication congressional authority equivalent express authority authority wanting executive withdrawal lands operation act congress otherwise control message president january indicates doubted authority make withdrawals message referring lax manner government disposing public lands mining acts need properly classifying lands revising mode disposing oil deposits greater regard public interests without hindering development said power secretary interior withdraw operation existing statutes tracts land disposition statutes detrimental public interest clear satisfactory power exercised interest public hope congress might affirm action executive laws adapted new conditions unfortunately congress thus far fully acted recommendations executive question executive circumstances full difficulty seems duty congress statute validate withdrawals made secretary interior president authorize secretary interior temporarily withdraw lands pending submission congress recommendations legislation meet conditions emergencies arise earnestly recommend suggestions secretary interior made respect lands shall embodied statutes especially withdrawals already made shall validated far necessary authority secretary interior withdraw lands purpose submitting recommendations future dispositions new legislation needed shall made complete unquestioned receipt message considerable number bills senate house representatives upon subject matter taken house representatives bill passed providing withdrawals certain conditions providing withdrawals heretofore made existing hereby ratified confirmed originally made act bill form pass senate however adopted materially modified form act june stat chap comp stat reads enacted senate house representatives america congress assembled president may time discretion temporarily withdraw settlement location sale entry public lands including district alaska reserve sites irrigation classification lands public purposes specified orders withdrawals withdrawals reservations shall remain force revoked act congress lands withdrawn provisions act shall times open exploration discovery occupation purchase mining laws far apply minerals coal oil gas phosphates provided rights person date order withdrawal heretofore hereafter made bona fide occupant claimant oil gas bearing lands date diligent prosecution work leading discovery oil gas shall affected impaired order long occupant claimant shall continue diligent prosecution said work provided act shall construed recognition abridgment enlargement asserted rights claims initiated upon oil gas bearing lands withdrawal lands made prior passage act provided shall excepted force effect withdrawal made provisions act lands date withdrawal embraced lawful homestead entry theretofore made upon valid settlement made said date maintained perfected pursuant law terms proviso shall continue apply particular tract land unless entryman settler shall continue comply law entry settlement made provided hereafter forest reserve shall created shall additions made one heretofore created within limits oregon washington idaho montana colorado wyoming except act congress secretary interior shall report withdrawals congress beginning next regular session date withdrawals reports senate committee show members divided authority president make withdrawal order question majority report stated view president authority without additional legislation minority reached opposite conclusion noted act june conferred specific authority future upon president gave approval withdrawal september containing instead express provision act construed recognition abridgment enlargement asserted rights claims initiated upon oil gas bearing lands withdrawal lands made prior passage act order september withdrew lands form settlement location sale entry disposal mineral nonmineral public land laws act june excepts power withdrawal conferred upon president lands embraced lawful homestead desertland entry theretofore made upon valid settlement made maintained perfected pursuant law furthermore act provides rights bona fide occupant claimant oil gas bearing lands complying provisions statute relating thereto shall affected impaired subsequent order withdrawal statute certainly congressional assent executive withdrawal september validation ratification asked president message withheld restricted authority future granted act june rights locators involved case preserved whatever extent existed absence ratification withdrawal express ratification thus asked refused view power implication fairly inferred barden northern ed sup durousseau cranch ed eyster centennial bd finance ed act june neither ratified withdrawal september empowered president order july government one limited powers three branches government vested certain authority definite limited constitution principle often enforced decisions apt words justice miller speaking kilbourn thompson ed quoted approval believed one chief merits american system written constitutional law powers intrusted government whether state national divided three grand departments executive legislative judicial functions appropriate branches government shall vested separate body public servants perfection system requires lines separate divide departments shall broadly clearly defined also essential successful working system persons intrusted power one branches shall permitted encroach upon powers confided others shall law creation limited exercise powers appropriate department principles departed judicial determinations enforcement essential administration government created defined constitution grant authority executive departments government amplified judicial decisions constitution legitimate source authority exercise power sanction provisions equally binding upon every officer government highest lowest one great functions keep far judicial decisions subserve purpose branch government within sphere legitimate action prevent encroachments one branch upon authority another opinion action executive department case originating expressed view subordinate official interior department desirability different system public land disposal contained lawful enactments congress justify president withdrawing large body land operation law virtually suspending necessarily operation law least different view expressed considered congress conclusion reinforced particular instance refusal congress ratify action president enactment new statute authorizing disposition public lands method essentially different proposed executive reasons expressed constrained dissent opinion judgment case footnotes departmental ruling existence power report commissioner land office february senate doc cong appendix call reservations decisions department interior relating public lands land land land land land land land indian reservations orders relating indian reservations public domain report commissioner indian affairs military reservations public domain house doc house doc call reservations bird reservations house doc house doc government asserts reservations executive indian purposes irrespective existence statutory authority found collected public domain pp kappler laws treaties military purposes public domain pp laws local temporary character whether orders preceded congressional authority definitely appear also recites several executive withdrawals land uses related military purposes lands supplying fuel water military posts also withdrawal conserve supply building stone harbor improvements another instance cited congress appropriation act june stat chap directed secretary war cause examination made sources mississippi river among others determine practicability cost reservoirs improving navigation secretary said made report withdrew certain lands aid report hope event affirmative congressional action upon said report additional lands withdrawn subsequently purpose appropriations construction reservoirs made act june stat chap attention also called withdrawals number purposes correct surveys avoid conflicts private claims prevent frauds ascertain character land shown letter acting secretary interior dated march found vol congressional record reports secretary interior commissioner general land office cited effect supposed oil lands california withdrawn agricultural entry aid investigation character prevent unlawful application lieu selections pp pp large quantities coal land withdrawn verify existence coal deposits serious frauds pp temporary reservation made forest arizona proposed national park commissioner report temporary withdrawals made state parks california michigan commissioner report reported congress land including wind cave south dakota reserved commissioner report later made national park act january stat chap president created certain reservations protection birds sec int subsequently act passed making offense interfere birds eggs lands set apart reserved breeding grounds birds law proclamation executive order stat chap comp stat secretary interior directed applications purchase certain isolated tracts suspended land subsequently act providing desposition disconnected tracts approved congress stat chap comp stat aid bill authorize wisconsin select certain lands president withdrew large area state bill later passed land stat chap coal lands alaska withdrawn entry direction president land thrown open entry congress stat chap comp stat propriety withdrawal approved congress stat chap comp stat support statement general recognition executive authority found number statutes government cited law march stat chap comp stat contained proviso provisions act shall apply military reservations heretofore made reservations lighthouses customhouses mints public purposes interests may require whether held reservations land office title derived crown spain otherwise act february stat chap comp stat providing allotment lands severalty indians various reservations purposes opening paragraph read cases tribe band indians shall hereafter located upon reservation created use either treaty stipulation virtue act congress executive order setting apart use president hereby authorized government says however publication relied determining whether given executive order preceded statutory authority admits possible cases cited antecedent statutory authority defendant appends brief list statutes giving discretionary power executive make withdrawals relating military analogous purposes stat note stat chap stat chap stat chap stat chap stat chap stat chap stat chap stat chap stat chap indian purposes stat chap stat chap stat chap stat chap stat chap lighthouse stat chap reference salt springs stat chap stat chap stat chap lead mines stat chap town sites stat chap stat chap comp stat reservoirs stat chap comp stat irrigation work stat chap comp stat lands containing timber naval purposes stat chap forest reserves stat chap comp stat stat chap