The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1902-10-21

aims to be reached, and leave. the duty
Of enforcement to the proper executive
officer. Hence the necessity, as has
been the practice from the institution of
the Government, of authorizing such Of
ficers to make the proper rules for the
enforcement of the law.
elm Field VS.. Clark, 143 U. S. $40, a
revenue act of congress, providing for
the free introduction into the United
States of certain articles of commerce,
and directed, that if the foreign coun-
tries so shipping those articles discrim-
mated against the United States in GER
tain matters, the president should have
the power to suspend the act as to those
countries in the introduction of their
goods without duty. This gave the pres
ident the power to suspend an act of
congress for the time to declare it void.
But the court, after referring to the
long established practice of congress to
SO legislate, held this act constitutional.
Opp, $50, 1927
"In re, Kollock, 1876 U. S. 526, was in
volved an act of congress which provided
that oleomargarine should be sold in
packages to be marked, stamped, and
branded as the commissioner of inter-
nal revenue should prescribe. In
criminal action for the sale of such ar
ticle without compliance with the rules.
the defense was interposed that such au
thority by congress to the commissioner
was delegation1of legislative power.
The court in sustaining the act, says,
"The regulation was in execution of or
supplementary to but not in conflict
with the law itself, and was specifically
authorized thereby IN effectuaton of the
legislation which created the offense.
We think the act was not open to the
objection urged, and that it is disposed
of by previous decisions-( United States
VS.. Bailey 8, Pet. 236-United States VS..
Eaton, IA U. S. 277-Caha VS.. United
States l52, U. S. 5l1.
1.-The court reviews cases is which was
involved the validity of rules and regu-.
lations made by some department under
the authority of congress, by which it
appears that the law as held by that
court is that all rules or regulations is
sued by any department in pursuance of
authority given it by congress, and
which are for the purpose OF enforcing
some provision or object which has been
authorized or defined by the act itself,
become part of the law and are not in
contravention OF the constitution, and
are valid. But the court also points out
that when such regulations require the
performance of acts not provided for or
fairly contemplated by the law, or that
are not within its general objects, they
are void.
SIN the case of United States VS..
Eaton, supra, the distinction was illus
trated by an act defining butter, also
imposing tax upon and regulating the
sale of oleomargerine. Authority was
given the commissioner of internal rev.
enue to make all needful rules for en-
forcement of the act. He required,
among other things, the keeping of
book in a certain form and monthly re-
ports to be made. 1t was held that such
requirement was not provided for by
the act, nor was it within its purview or
general objects, and therefore was in
valid.
''While regretting that | am not of
the same opinion reached in some other
cases involving the same rules now I'M
der consideration l must conclude, in
view OF the authorities and for the rea-
sons before stated, that such rules are
valid. This difference OF view, it may
be suggested, invites a review by the
circuit court of appeals.
Defendants also claim that by long
use they are entitled to pasturage upon
these lands, and cite Buford VS. Houtz,
1873, U. s., 800 in support of such claim.
That case only says on page 1876, that I'M
enclosed lands of the Government may
be used for pasturage by the people,
when No act of the Government forbids
their use.' In the present case the Gov
eminent has forbidden their use. More
over as laches cannot be invoked against
the government, long use by the defend
ants gave them no title. This defense
is not tenable."
amertca,s Famous Beauties