This section contains the nature of the case and procedural background.

BY the act of March 3, 1891, c. 561 (26 Stat. 1103), the President was authorized, from time to time, to set apart and reserve, in any State or Territory, public lands, wholly or in part covered with timber or undergrowth, whether of commercial value or not, as public forest reservations. Another act was passed on June 4, 1897, c. 2 (30 Stat. 35), the purposes of these reservations were declared to be 'to improve and protect the forest within the reservation, and to secure favorable conditions of water flows, and to furnish a continuous supply of timber for the use and necessities of citizens of the United States.' . . . 'All waters on such reservations may be used for domestic, mining, milling or irrigation purposes, under the laws of the State wherein such forest reservations are situated, or under the laws of the United States and the rules and regulations established thereunder.' Additional acts followed. The original act provided that the management and regulation of these reserves should be by the Secretary of the Interior. In 1905 that power was conferred upon the Secretary of Agriculture and by virtue of those various statutes he was authorized to 'make provision for the protection against destruction by fire and depredations upon the public forests and forest reservations . . .; and he may make such rules and regulations and establish such service as will insure the objects of such reservation, namely, to regulate their occupancy and use, and to preserve the forests thereon from destruction; and any violation of the provisions of this act or such rules and regulations shall be punished as prescribed in Rev. Stat., § 5388,' which, as amended, provides for a fine of not more than five hundred dollars and imprisonment for not more than twelve months or both, at the discretion of the court. The Secretary of Agriculture promulgated and established certain rules. Under 'Regulation 45. All persons must secure permits before grazing any stock in a forest reserve, except the few head in actual use by prospectors, campers, and travelers and milch or work animals, not exceeding a total of six head, owned by bona fide settlers residing in or near a forest reserve, which are excepted and require no permit.' Ds were indicted for grazing sheep on the Sierra Forest Reserve without having obtained the permission required by the regulations adopted by the Secretary of Agriculture. The grand jury returned an indictment. Ds demurred, upon the ground (1) that the facts stated did not constitute a public offense or a public offense against the United States, and (2) that the acts of Congress making it an offense to violate rules and regulations made and promulgated by the Secretary of Agriculture are unconstitutional, in that they are an attempt by Congress to delegate its legislative power to an administrative officer.' Ds claimed the Secretary of Agriculture had no power to make rules and regulations and made a violation thereof a penal offense. Their several demurrers were sustained. P appealed.

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