Whelpley

(after stating the facts as above).

The principal question on the appeal is whether or not the Department of Commerce and Labor had authority to execute the lease. On July 27, 1868 (Rev.Stat. § 1956), Congress gaye the Secretary of the Treasury power to authorize the killing of any fur-bearing animal except fur seals within the limits of Alaska Territory or in the waters thereof, “under such regulations as he may prescribe.” By the act of March 3, 1879 ( 20 Stat. 383 [ 40 U.S.C.A. § 303 and note]), power was given the Secretary of the Treasury at his discretion to lease, “for a period not exceeding five *681 years, such unoccupied and unproductive property of the United States under his control, for the leasing of which there is no authority under existing law.” This act is similar in its scope to Act July 28, 1892, c. 316, 27 Stat. 321 ( 40 U.S.C.A. § 303 and note), authorizing the Secretary of War to lease property “under his control,” and the question arises whether the island in question was under the control of the Secretary of the Treasury. We are inclined to the view that it had been placed under his control by the act of July 27, 1868; but, however that may be, we think…