uivirno STATES e. Kama.  
1 Pssssnenn on Tnam. V 1  
Apcrson who is entitled to travel on a railway car may go upon the same
peacefully, and remain therein until he arrives at his destination: and if the
conductor undertakes to put him off, on the ground that he is not entitled to
travel thereon, he may resist force with force ; but if the conductor stops the
train on his account, and undertakes to detach the mail cartherefrom and send
it on with the mail, he has no right to prevent him from so doing, and if he
does his act is unlawful. -
Information for Violation of Section 3995, Rev. St. V
James F. Watson, for the United States. _
` George Kane, in propria. persona. _
Dnanr, J. This is an information charging the defendant with a
violation of section 3995 of the Revised Statutes, which provides
that "any person who shall knowingly and willfully obstruct or re-
tard the passage of the mail, or any carriage, horse, driver, or carrier,
carrying the same, shall, for every such offense, be punishable by a
fine of not more than $1003*, The defendant pleads "not guilty," and
submits the case to the judgment of the court on the facts stated in
the deposition of the witnesses, including his-own, examined before
the commissioner who committed him to answer the chargfi. and
V which, by the stipulation signed by the district attorney and the
defendant, is to have the effect hereinof a special verdict. From this it
appears that on January 10, 1884, there were at Pendleton, Oregon,
about 150 discharged railway laborers, including the defendant, who
had lately been employed by contractors in the construction of a Y
railway in that vicinity, and wanted to come to Portland on the .
regular train of the Oregon Railway Navigation Company, then run-
ning between Pendleton and Portland, and carrying, among other
things, the United States mail, without paying their passage, on the
ground that they were without money, and the company ought to
pass them down as it had passed them up, which the conductor of
the train refused topermit; that the defendant, acting as spokes-
man for himself and the crowd, told the conductorthat the train
should not move without them, and that if he undertook to pull out
and leave them behind, there would be trouble, and he would be hurt;
that thereby the train with the United States mail in the postal car
was detained at Pendleton until the next day, January 1 1th, when the
conductor concluded and undertook to cut off the postal car containing
the United States mail, then being carried thereon from Pendleton
to Portland, and proceed with `itto the latter place, as it was his
duty to do, but thegdefendant forbade him to do so, and told him ‘
.. there would be trouble if he attempted to uncouple thecar; and when
the conductor, notwithstanding thethreat, undertook to have the pin
removed, and the mail car detached: from the rest of the train forthe
purpose of proceeding with it to Portland, the defendant,) backed by
several of his associates, prevented the brakeman from taléjngout
the pin`, by putting’his foot upon it, and threatening violence if the
attempt was persisted in; but also, according to his ·own ·¤aame¤t,