Under authority of the act of Congress approved June 4, 1897 (30 Stat. 36; U.S. Code, title 16, sec. 473), and on the recommendation of the Secretary of Agriculture, it is hereby ordered that the following described lands, which have largely passed from Government ownership, be, and the same are hereby, excluded from the Deerlodge National Forest, in the State of Montana: Montana Meridian T. 3 N., R. 7 W., secs. 11, 12, 13, 14, and 23, W. ½ sec. 24, and N. ½ sec. 26; T. 4 N., R. 7 W., secs. 20, 21, 22, 28, 29, 32, and 33. And it is hereby ordered, pursuant to Public Resolution 85, approved June 12, 1930, that, subject to valid rights, the public lands in the excluded area shall be opened only to entry under the homestead or desert land laws where applicable by qualified ex-service men for whose service recognition is granted by said resolution, under the terms and conditions of said resolution and the regulations issued thereunder, for a period of 91 days beginning with the 63d day from and after the date hereof, and thereafter to appropriation by the general public under any public land law applicable thereto. Subsequent to the date hereof and prior to the date of restoration to general disposition as herein provided, no right may be acquired to such lands by settlement in advance of entry, or otherwise except strictly in accordance herewith. HERBERT HOOVER The White House, May 11, 1931.
Executive Order 5619—Deerlodge National Forest, Montana
Executive Brief • At a Glance
The following described lands, which have largely passed from Government ownership, be, and the same are hereby, excluded from the Deerlodge National Forest, in the State of Montana: Montana Meridian T. 3 N., R. 7 W., secs. 11, 12, 13, 14, and 23, W. ½ sec. 24, and N. ½ sec. 26; T. 4 N., R. 7 W., secs. 20, 21, 22, 28, 29, 32, and 33.
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Herbert Hoover on May 11, 1931, this order concerns Deerlodge National Forest, Montana. The following described lands, which have largely passed from Government ownership, be, and the same are hereby, excluded from the Deerlodge National Forest, in the State of Montana: Montana Meridian T. 3 N., R. 7 W., secs. 11, 12, 13, 14, and 23, W. ½ sec. 24, and N. ½ sec. 26; T. 4 N., R. 7 W., secs. 20, 21, 22, 28, 29, 32, and 33.
Key Directives & Operative Actions
The following described lands, which have largely passed from Government ownership, be, and the same are hereby, excluded from the Deerlodge National Forest, in the State of Montana: Montana Meridian T. 3 N., R. 7 W., secs. 11, 12, 13, 14, and 23, W. ½ sec. 24, and N. ½ sec. 26; T. 4 N., R. 7 W., secs. 20, 21, 22, 28, 29, 32, and 33.
Pursuant to Public Resolution 85, approved June 12, 1930, that, subject to valid rights, the public lands in the excluded area shall be opened only to entry under the homestead or desert land laws where applicable by qualified ex-service men for whose service recognition is granted by said resolution, under the terms and conditions of said resolution and the regulations issued thereunder, for a period of 91 days beginning with the 63d day from and after the date hereof, and thereafter to appropriation by the general public under any public land law applicable thereto.
Constitutional & Societal Entities Impacted
Policy Areas & Topics
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."
James Madison
Separation of Powers & Legislative Primacy
"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)
Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.
Alexander Hamilton
The Energetic Executive & Unified Command
"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)
Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." — 10th Amendment to the US Constitution (1791)
Mason would scrutinize whether this federal directive intrudes into police powers, land stewardship, or municipal domains historically reserved to local citizens. The Anti-Federalist demand is that federal administration must never supplant state self-governance.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 5619 (May 11, 1931), https://executiveordersarchive.org/orders/app-executive-order-5619-deerlodge-national-forest-montana.