United States v. Grimaud
Encyclopedia
In 1911, a shepherd named Pierre Grimaud’s small case of trespassing became an issue that needed to be resolved by the Supreme Court. Not wanting to face the accusation, Grimaud appealed to the higher courts that the United States government did not have the right to delegate their power to the forest rangers in the way that they did. That in order for him to be caught trespassing on national property, it had to be by a national official, not a local park ranger. He would eventually lose his case, but not before taking it all the way to America’s highest governing body.
was established with the purpose of removing grasslands and forestlands from public use so as to protect them from being abused or destroyed. As a result, it left shepherds with less and less land to let their sheep graze, and this did not sit well with many of them.
Six years later, Congress enacted the Organic Act of 1897
. This law “granted management authority to the United States Department of the Interior
, then the nation’s sole custodian of the public domain. As part of this process, rangers were hired, and regulations were set for the use of these reserves’ various resources. When in 1905 the United States Forest Service
was established as part of the United States Department of Agriculture
, and the nation’s forests transferred to its care, the number of rangers increased again, the permitting process intensified, and the related rules and fees were published widely.” The new rules angered the shepherds, farmers, ranchers, miners, etc. especially those who were around when the land wasn’t protected by the government. It got to a point where these members of society began to directly defy the authority of these agencies. Miners snuck onto reserves to pan for cold, loggers secretly harvested timber, and ranchers snuck various livestock into and out of these protected lands. The case of the United States versus Pierre Grimaud begins in what is now Oakhurst, California. Pierre was one of these agitated workers; he just wasn’t lucky enough to break the law undetected.
In the early twentieth-century, Pierre Grimaud – a farmer and shepherd – who, with his partner PJ Carajous, attempted to sneak his flock of sheep into the Sierra Forest Reserve
. On his endeavor to find a good spot for his sheep to graze, he was stopped by a forest ranger who asked to see Grimaud’s permit. Once it was revealed that Grimaud did not have a permit, and was essentially trespassing, the forest ranger arrested him and brought him to court.
where Grimaud was ruled guilty as tried. Grimaud’s claim was an obvious con, and the Court knew it, but constitutional law is difficult to navigate. Finally, after four years the Supreme Court (specifically Justice Joseph Rucker Lamar
) unanimously agreed that Grimaud “did knowingly, willfully, and unlawfully pasture and graze, and cause and procure to be pastured and grazed, certain sheep (the exact number being to the grand jurors unknown) upon certain land within the limits of and a part of said Sierra Forest Reserve
, without having theretofore or at any time secured or obtained a permit or any permission for said pasturing or grazing of said sheep or any part of them, as required by the said rules and regulations of the Secretary of Agriculture…” Grimaud’s lawyers rejected these accusations, saying that when Congress initially voted to support the relevant forest legislation, it wasn’t within their constitutional rights. The Supreme Court was supposedly delegating the power that they have over government property to an unqualified “administrative officer,” the park ranger. If this were proven to be true, then Grimaud could not have committed a crime because there was no crime to commit. Initially, jurors didn’t buy this defense, and decided that Pierre was guilty. The defense then appealed, or demurred their case, which means that the case gets turned over to the district court. After more than a year of on again off again arguments, the District Court finally ruled in favor of Grimaud, overturning the lesser court in the process. From here, the case was appealed to The Supreme Court, were the ruling was once again overturned and the final ruling said that the Forestry Act
was indeed constitutional and that Pierre Grimaud had broken the law. The reason Pierre could even suggest that his being tried was unconstitutional in the first place was the final ruling in the Field v. Clark case. This case established that “congress cannot delegate legislative power.” However, according to the Supreme Court, “the authority to make administrative rules is not a delegation of legislative power, and such rules do not become legislation because violations thereof are punished as public offenses.”
said that as a result of Grimaud’s case, the controversy “regarding the right to use grazing lands within the various national forests without permit from the department of agriculture will be brought to an end.” This prediction was exactly correct. In 1911, the Department of Agriculture informed Congress that “the uncertainty and unrest caused by the widespread impression that the [grazing] regulations were not enforceable ceased immediately.” Prior to United States v. Grimaud, shepherds and farmers in California had no real reason to fear the rangers patrolling the national forest. However, after the ruling that the rangers’ power was constitutional, the shepherds and farmers respected their authority.
While the case of Grimaud v. United States was only explicitly mentioned in Light v. United States (another case of trespassing forest grounds protected by the US government
), it more clearly defined what Congress could do: “it could delegate power to an agency to adopt regulations subject to criminal penalties, provided that Congress itself legislated the penalties. Moreover, because criminal sanctions are the most severe type of sanction for violating an agency regulation, there was little doubt after Grimaud that Congress could provide other types of sanctions for violating agency regulations as well. Grimaud established that Congress can delegate authority to agencies to promulgate regulations that have a variety of legal consequences – as long as Congress itself spells out by statute what those consequences are.”
Before the dispute between Pierre Grimaud and the United States government, there was a gray area surrounding this aspect of the central government’s power. Grimaud v. United States permanently and clearly defined the extent of their power.
Back story
For years, shepherds in California had witnessed the establishment of forest reserves over a span of roughly ten years. In this time, the Forest Reserve Act of 1891Forest Reserve Act of 1891
The Forest Reserve Act of 1891 is a law that allowed the President of the United States to set aside forest reserves from the land in the public domain. Passed by the United States Congress under Benjamin Harrison's administration...
was established with the purpose of removing grasslands and forestlands from public use so as to protect them from being abused or destroyed. As a result, it left shepherds with less and less land to let their sheep graze, and this did not sit well with many of them.
Six years later, Congress enacted the Organic Act of 1897
Organic Act of 1897
The Organic Act of 1897 provided the main statutory basis for the management of forest reserves in the United States, hence the commonly used term "organic act"...
. This law “granted management authority to the United States Department of the Interior
United States Department of the Interior
The United States Department of the Interior is the United States federal executive department of the U.S. government responsible for the management and conservation of most federal land and natural resources, and the administration of programs relating to Native Americans, Alaska Natives, Native...
, then the nation’s sole custodian of the public domain. As part of this process, rangers were hired, and regulations were set for the use of these reserves’ various resources. When in 1905 the United States Forest Service
United States Forest Service
The United States Forest Service is an agency of the United States Department of Agriculture that administers the nation's 155 national forests and 20 national grasslands, which encompass...
was established as part of the United States Department of Agriculture
United States Department of Agriculture
The United States Department of Agriculture is the United States federal executive department responsible for developing and executing U.S. federal government policy on farming, agriculture, and food...
, and the nation’s forests transferred to its care, the number of rangers increased again, the permitting process intensified, and the related rules and fees were published widely.” The new rules angered the shepherds, farmers, ranchers, miners, etc. especially those who were around when the land wasn’t protected by the government. It got to a point where these members of society began to directly defy the authority of these agencies. Miners snuck onto reserves to pan for cold, loggers secretly harvested timber, and ranchers snuck various livestock into and out of these protected lands. The case of the United States versus Pierre Grimaud begins in what is now Oakhurst, California. Pierre was one of these agitated workers; he just wasn’t lucky enough to break the law undetected.
In the early twentieth-century, Pierre Grimaud – a farmer and shepherd – who, with his partner PJ Carajous, attempted to sneak his flock of sheep into the Sierra Forest Reserve
Sierra Forest Reserve
The Sierra Forest Reserve was a federal reserve in the Sierra Nevada, in eastern California. It was established on February 14, 1893 by President Benjamin Harrison with authorization from section 24 of the Forest Reserve Act of 1891. It was the largest reserve with over , and was the second reserve...
. On his endeavor to find a good spot for his sheep to graze, he was stopped by a forest ranger who asked to see Grimaud’s permit. Once it was revealed that Grimaud did not have a permit, and was essentially trespassing, the forest ranger arrested him and brought him to court.
The trial(s)
Pierre Grimaud’s case was determined to be more complex than a simple case of trespassing. Grimaud and his lawyer rejected the charge that Grimaud’s behavior constituted a public offense against the United States because when Congress voted in support of the relevant forest legislation and accompanying ordinances, it was acting unconstitutionally; these “rules and regulations,” they declared, were “an attempt by Congress to delegate its legislative power to an administrative officer.” If, as they alleged, such delegation was unconstitutional, then Grimaud could not have committed a crime because there was no crime to commit.” Since Grimaud made this a case involving constitutional law, it was eventually moved up to the Supreme CourtSupreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
where Grimaud was ruled guilty as tried. Grimaud’s claim was an obvious con, and the Court knew it, but constitutional law is difficult to navigate. Finally, after four years the Supreme Court (specifically Justice Joseph Rucker Lamar
Joseph Rucker Lamar
Joseph Rucker Lamar was an Associate Justice of the United States Supreme Court appointed by President William Howard Taft...
) unanimously agreed that Grimaud “did knowingly, willfully, and unlawfully pasture and graze, and cause and procure to be pastured and grazed, certain sheep (the exact number being to the grand jurors unknown) upon certain land within the limits of and a part of said Sierra Forest Reserve
Sierra Forest Reserve
The Sierra Forest Reserve was a federal reserve in the Sierra Nevada, in eastern California. It was established on February 14, 1893 by President Benjamin Harrison with authorization from section 24 of the Forest Reserve Act of 1891. It was the largest reserve with over , and was the second reserve...
, without having theretofore or at any time secured or obtained a permit or any permission for said pasturing or grazing of said sheep or any part of them, as required by the said rules and regulations of the Secretary of Agriculture…” Grimaud’s lawyers rejected these accusations, saying that when Congress initially voted to support the relevant forest legislation, it wasn’t within their constitutional rights. The Supreme Court was supposedly delegating the power that they have over government property to an unqualified “administrative officer,” the park ranger. If this were proven to be true, then Grimaud could not have committed a crime because there was no crime to commit. Initially, jurors didn’t buy this defense, and decided that Pierre was guilty. The defense then appealed, or demurred their case, which means that the case gets turned over to the district court. After more than a year of on again off again arguments, the District Court finally ruled in favor of Grimaud, overturning the lesser court in the process. From here, the case was appealed to The Supreme Court, were the ruling was once again overturned and the final ruling said that the Forestry Act
Cooperative Forestry Assistance Act of 1978
The Cooperative Forestry Assistance Act of 1978 is a United States federal law enacted in 1978. It revised the authority of the United States Forest Service for to provide financial and technical assistance to states and private landowners on a variety of forestry issues, including forest...
was indeed constitutional and that Pierre Grimaud had broken the law. The reason Pierre could even suggest that his being tried was unconstitutional in the first place was the final ruling in the Field v. Clark case. This case established that “congress cannot delegate legislative power.” However, according to the Supreme Court, “the authority to make administrative rules is not a delegation of legislative power, and such rules do not become legislation because violations thereof are punished as public offenses.”
Historical Significance
“The immediate public reaction to Grimaud adopted the same view of the case.” The public, in general, agreed with the Supreme Court’s decision. While some of the shepherds may have hoped for more freedom to graze, their hopes weren’t very high so news of Grimaud’s loss in court wasn’t that unexpected. The day after the Court’s decision, James WilsonJames Wilson (U.S. politician)
James "Tama Jim" Wilson was a Scotland-born United States politician who served as United States Secretary of Agriculture for sixteen years during three presidencies, from 1897 to 1913. He holds the record as the longest-serving United States Cabinet member.-Personal background:Wilson was born in...
said that as a result of Grimaud’s case, the controversy “regarding the right to use grazing lands within the various national forests without permit from the department of agriculture will be brought to an end.” This prediction was exactly correct. In 1911, the Department of Agriculture informed Congress that “the uncertainty and unrest caused by the widespread impression that the [grazing] regulations were not enforceable ceased immediately.” Prior to United States v. Grimaud, shepherds and farmers in California had no real reason to fear the rangers patrolling the national forest. However, after the ruling that the rangers’ power was constitutional, the shepherds and farmers respected their authority.
While the case of Grimaud v. United States was only explicitly mentioned in Light v. United States (another case of trespassing forest grounds protected by the US government
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
), it more clearly defined what Congress could do: “it could delegate power to an agency to adopt regulations subject to criminal penalties, provided that Congress itself legislated the penalties. Moreover, because criminal sanctions are the most severe type of sanction for violating an agency regulation, there was little doubt after Grimaud that Congress could provide other types of sanctions for violating agency regulations as well. Grimaud established that Congress can delegate authority to agencies to promulgate regulations that have a variety of legal consequences – as long as Congress itself spells out by statute what those consequences are.”
Before the dispute between Pierre Grimaud and the United States government, there was a gray area surrounding this aspect of the central government’s power. Grimaud v. United States permanently and clearly defined the extent of their power.
See also
- Edward Erikson Political Science
External links
- Case Summaries
- http://books.google.com/books?id=rm4TAAAAYAAJ&pg=PA390&lpg=PA390&dq=%22the+uncertainty+and+unrest+caused+by+the+widespread+impression+that+the%22&source=bl&ots=If336s0BXm&sig=Qe8lCARntgjOHC5IVXQwlDKCulU&hl=en&ei=UsCxTtqwOuPV0QGVirSDAw&sa=X&oi=book_result&ct=result&resnum=2&sqi=2&ved=0CB0Q6AEwAQ#v=onepage&q=%22the%20uncertainty%20and%20unrest%20caused%20by%20the%20widespread%20impression%20that%20the%22&f=falseReport of the Secretary of Agriculture]
- U.S. v. Grimaud, 220 U.S. 506 (1911)