Joseph McKenna

“ In my view, the license given to citizens of the United States and residents of the states and territories named, 'to fell and remove, for building, agricultural, mining, or other domestic purposes,' timber and trees growing upon the public lands, should be confined to timber intended to be used for structural or household purposes, and not be extended so far as to authorize the consumption of timber in manufacturing or other business operations. The word 'building' explains itself. 'Agriculture' would include timber used for houses, barns, tools, furniture, and fences. ”

“ We may properly and accurately speak of domestic manufactures, meaning not those of the household, but those of a county, state, or nation, according to the object in contemplation. So in the statute the word 'domestic' applies to the locality to which the statute is directed, and gives permission to the industries there practised to use the public timber. ”

“ The industries meant by the general clause may receive indeed limitation from those enumerated; in other words, be limited to the conditions existing in the mining states and territories when the statute was enacted: but there can be no doubt that smelting has such relation. If rule 7 is valid, the Secretary of the Interior has power to abridge or enlarge the statute at will. If he can define one term, he can another. If he can abridge, he can enlarge. Such power is not regulation: it is legislation. ”