My successor not only took the opposite view, but recommended to Congress the passage of a bill which would have given the courts direct appellate power over the Secretary of the Interior in these land matters.

This bill was reported favorably by Mr.Mondell, Chairman of the House Committee on public lands, a Congressman who took the lead in every measure to prevent the conservation of our natural resources and the preservation of the National domain for the use of home-seekers.
Fortunately, Congress declined to pass the bill.

Its passage would have been a veritable calamity.
I acted on the theory that the President could at any time in his discretion withdraw from entry any of the public lands of the United States and reserve the same for forestry, for water-power sites, for irrigation, and other public purposes.

Without such action it would have been impossible to stop the activity of the land thieves.

No one ventured to test its legality by lawsuit.