“ By repeated decisions it has come to be a settled rule in this jurisdiction that an indictment or other pleading founded on a general provision defining the elements of an offense, or of a right conferred, need not negative the matter of an exception made by a proviso or other distinct clause, whether in the same section or elsewhere, and that it is incumbent on one who relies on such an exception to set it up and establish it. ”

“ The defendants then moved two of the employes and the sheep to the other side of the river and took the wounded employe to a hospital. While some of the defendants were present at one time, and some at another, the circumstances were such that what was done was the act of all. The lands through which this trail extended and over which the employes intended to drive the sheep were unoccupied public lands of the United States. The purpose of the defendants in all that they did was to prevent the employes from proceeding with the sheep over those lands. ”

“ Besides, it is 'free' passage or transit that is to be unobstructed. Passage or transit is free in the sense intended when it is open to all. When some withhold it from others, whether permanently or temporarily, it is not free.
A third ground is that under section 4 the only punishable offenses are those wherein the offender acts as owner, part owner or agent, and that this indictment does not show that any of the defendants were so acting. This ground is without merit. While section 4 is not happily worded, there is no difficulty in getting at its meaning. ”