Joseph McKenna

“ The answer to the contention would seem necessarily to be that 'less' and 'more' are words of contrast-indeed of opposition, and cannot be confounded. It is easy to see that if their difference should be disregarded in dealing with the things of the world, sensible or insensible, the resulting confusion would be hard to describe.
Plaintiff makes the words even more facile to management than in the above contention, and makes them exclude all freedom of judgment and choice of price, which they seem not only to imply but require, in the administration of section 2347. ”

“ We are not impressed with the contention that if the price of $20 an acre is not the fixed and ultimate price there is no test or price and that the Secretary of the Interior 'may charge what price he chooses, * * * no law putting any restraint upon his action,' and that the 'sale of coal lands may be stopped altogether if, for any reason, the Secretary considers that to be judicious or desirable.' This is tantamount to saying that the Secretary may abuse his trust and the power conferred upon him to execute it. ”

“ There is no argument against conferring power or denying power in the assertion that it may be abused. The world acts and must act upon a different consideration. Government would otherwise be impossible. ”