The herald., 1894-07-12
chandise or psrsons. All these may,
4 LIZ. L.

tAcf6lOIc, Db IoGulhbeu.
Congress has passed laws to regulate
such commerce, thereby requiring car
riers engaged in such transportation OF
persons and property to transport them
in accordance with and subject to the
provisions OF the act, and has provided,
among other things. that any common
carrier subject to the provisions OF the
interstate commerce act, or, whenever
any such common carrier is corpora
tion, any director or officer thereof, or
any receiver, trustee, lessee, egent or
person acting for or employed by such
corporation, who, alone or with any
other corporation, company. person or
party, shall wilfully omit or fail to do
any net, matter or thing required to bs
done by the act, or shall cause or WILL
fully suffer or permit any act. matter or
thing 30 directed or required by the act
to be done not to be done, or ehall aid or
abet such omission or failure, shall be
deemed guilty of a misdemeanor and
punished in certain prescribed way.
In respect to the mails of the United
States, it is declared by statute that any
person who shall knowingly and wilfully
obstruct or retaYd the passage oil the
mail is guilty OF crime, and ehall be
punished. 1t ia further provided by
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postmaster general shall in all cases de-
eide upon what trains and in what man
ner the mails shall be conveyed; that
officer has, through his subordinates.
designated for the Southern California
Railway company and the Southern Pa
| citic Railroad company in this judicial
district the regular passenger trains OF
| those roads for the carrying OF the
| United States mails. Neither OF these
| companies is by the law required to run
any other trains than their regular pas
Renger trains for the carrying OF the
mails, and their failure to do go is not
violation of any law Of the United States.
But on all OF their regular passenger
| trains, whether they be local or through
| trains, they are required to carry the
mails, and their failure or refusal to do
30 is unlawful.
| As respects interstate commerce, rail-
road companies engaged in such COM
merce should. unless prevented by cir
cumstances beyond their control, run
their trains in q reasonable manner and
es often as the ordinary bueiness OF
commerce requires. At the same time,
as owners of the property, they are
legally and justly entitled to determine
how many and what cars and engines
shall constitute their trains. and when
the composition OF trains, as usually and
ordinarily made up by them, is reasona-
BILE and appropriate to the services re-
| quired OF them, the law does not, upon
The refusal of their employees to move
the usual and customary trains, require
of such companies to divide the train
and run less number Of cars.
The court has further instructed you,
and that and
person, whether an employee of rail-
road company in high or low position,
or not employed at all. who shall
knowingly and wilfully obstruct or re-
tard the passage of the mail, is guilty of
q crime against the United States, and
| that any and every person, whether an
officer or employee of the railroad COM
pany, or not, who knowingly and will
fully interferes with or obstructs any
Interstate commerce., is guilty OF an
! offence againet the United States; and
that II any one or more persons, it makes
no difference who they are, conspire to
commit either of those ohensen against
the United States, and one or more Of
such parties do any act to effect the
object of the conspiracy, all of the par
ties to such conspiracy are guilty of q
crime. Whenever such acts are of q
| character to prevent and obstruct the
carrying OF the mails, or to interfere
with or obstruct any interstate COM
merce, and are done for the purpose
and with the intent to prevent or OBJ
struct the same. crime is committed.
When the acts which create the obstruc-
tion are in themselves unlawful, the in
tention TO obstruct will be imputed to
their author, although the attainment
! nf oth n,Ha y Iii
| primary object.
tions the court ia informed that certain
lawless and criminal acts were COM
mitted in this city last night, and you
vre instructed to forthwith inquire
whether any of such acts fsll within the
criminal statutes of the United States ae
heretofore pointed out and explained to
you by the court, end If you find that
any of the laws OF the United States
were hereby violated, you should forth
with iudict the offending persons.
at the conclusion of the reading OF
the Instructions, the case of DR.. Ravln,
under indictment for alleged seditious
utterances, was called. and hia attorney,
III. L. Gordon. explained that when the
case was up few days ago he stated
that ex-Judge w. A. Cheney had been
associated in the case. He had since
learned that this wes not the fact, and
desired to make the correction. He
also said that I'll. 7. Gage would proba-
bly, be in the case and asked that con-
sidsration OF demurrer he held in his
hand be deferred until he could be pres
ent
District Attorney Denis said he had
talked with Mr.. Gage by telephone Is
minutes before court convened, and was
informed by him that 1t was doubtful
whether he would be in the case. Still,
he had no objection to a continuance,
and the case went over until Friday
morning.
The citations against Prindiville and
others also were continued until Mon
day next. Court then adjourned until
| Of