Joseph Rucker Lamar

“ The authority which may arise by implication, we think, must be limited to those purposes which Congress has itself recognized by either direct legislation or long-continued acquiescence as public purposes for which such withdrawals could be made by the Executive. That the President might, by virtue of his executive authority, take action to preserve public property, or, in aid of the execution of the laws, reserve tracts of land for definitely fixed public purposes, declared by Congress, such as military or Indian reservations, may be conceded ”

“ He also stated that the conservation of the petroleum supply demanded a law providing for the disposal of the oil remaining in the public lands in terms of barrels of oil rather than in acres of land; and further that, considering the use of lubricating oil and of fuel oil for the Navy, there was an immediate necessity for conserving a proper supply of petroleum for the government's use, and he recommended the suspension of the filing of claims to oil lands in California pending legislation on the subject. ”

“ In almost every instance in which such a reservation is terminated, there has been a proclamation by the President that the lands are open for entry or sale, and in most instances they have first been offered for sale at public auction. It cannot be seen, from anything in the joint resolution, that Congress either considered the controversy ended, or intended to remove the reservation instituted by the Department. ”

“ And provided further, That there shall be excepted from the force and effect of any withdrawal made under the provisions of this act all lands which are, on the date of such withdrawal, embraced in any lawful homestead or desert-land entry theretofore made, or upon which any valid settlement has been made and is at said date being maintained and perfected pursuant to law; but the terms of this proviso shall not continue to apply to any particular tract of land unless the entryman or settler shall continue to comply with the law under which the entry or settlement was made. ”

“ In the case now before us Congress in the statutes referred to had expressly subjected these lands to the operation of the placer mining law, and had authorized their exploration for oil, and their location, entry, and purchase as mineral lands. Congress had in this way exercised its power and manifested its will, and such was the situation when the withdrawal in question was made. ”

“ The bill sets up ownership in the United States of the land in question, being a tract of 160 acres, and alleges that the land is chiefly valuable for petroleum; that on September 27, 1909, the tract in controversy, in common with many others, was withdrawn from mineral exploration and from all forms of location, settlement, selection, filing, entry, or disposal under the mineral or nonmineral public land laws of the United States ”

“ In other words, if the lands had been granted to the state of Iowa, it could not possibly have been the intention of Congress to subject them to selection or grant under other laws, and this court said that the power to reserve them arose by necessary implication from the grant of 1846.
In Riley v. Welles, 154 U.S. 578, and 19 L. ed. 648, 14 Sup. Ct. Rep. 1166, involving a claim of title under the pre-emption section of the act of September 4, 1841, to land covered by the withdrawal under the act of 1846, this court followed Wolcott v. Des Moines Nav. & R. Co. 5 Wall. ”

“ When express ratification is thus asked and refused, in our view no power by implication can be fairly inferred. Barden v. Northern P. R. Co. 154 U.S. 288, 317, 38 L. ed. 992, 998, 14 Sup. Ct. Rep. 1030 ”

“ Rep. 1166; Williams v. Baker (Cedar Rapids & M. R. Co. v. Martindale) 17 Wall. 144, 21 L. ed. 561; Iowa Homestead Co. v. Valley R. Co. 17 Wall. 153, 21 L. ed. 622; Wolsey v. Chapman, 101 U.S. 755, 25 L. ed. 915; Litchfield v. Webster County, 101 U.S. 773, 25 L. ed. 925; Dubuque & S.C.. R. Co. v. Des Moines Valley R. Co. 109 U.S. 329, 27 L. ed. 952, 3 Sup. Ct. Rep. 188; Bullard v. Des Moines & Ft. D. R. Co. ”