ative powers of the head of a
Department, the Supreme Court of the United States said:

"He is limited in the exercise of his
powers by the law; but it does not
follow that he must show statutory
provision for everything he does. No
government could be administered on
such principles. To attempt to regulate,
by law, the minute movements
of every part of the complicated machinery
of government, would evince a
most unpardonable ignorance on the
subject. Whilst the great outlines of
its movements may be marked out,
and limitations imposed on the exercise
of its powers, there are numberless
things which must be done, that can
neither be anticipated nor defined, and
which are essential to the proper action
of the government."

Congress has given to the Secretary of Agriculture, acting through the
Forest Service, the specific task of administering the National
Forests, with full power to perform it, and has provided that he "may
make such rules and regulations and establish such service as will
ensure the objects of said reservations, namely, to regulate their
occupancy and use and to preserve the forests thereon from destruction."
Every exercise of the powers granted to the Secretary of Agriculture by
statute has been in accordance with the principles laid down by Chief
Justice Marshall ninety years ago in the case of McCulloch vs. Maryland
(4 Wheat., 421), when he said as to powers delegated by the Federal
Constitution to Congress:

"Let the end be legitimate, let it be
within the scope of the Constitution,
and all means which are appropriate,
which are plainly adapted to that end,
which are not prohibited, but consist
with the letter and spirit of the Constitution,
are constitutional."

After the transfer of the National Forests from the Interior Department
to the Forest Service in 1905, some things were done that had never been
done before, such as initiating Government control over water-power
monopoly in the National Forests, giving preference to the public over
commercial corporations in the use of the Forests, and trying to help
the small man make a living rather than the big man make a profit (but
always with the effort to be just to both). Always and everywhere we
have set the public welfare above the advantage of the special
interests.

Because it did these things the Forest Service has made enemies, of some
of whom it is justly proud. It has been ea