« AnteriorContinuar »
gable water, or on the bank of any tributary of any navigable water, where the same shall be liable to be washed into such navigable water, either by ordinary or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be impeded or obstructed: Provided, Tnat Lawful deposnothing herein contained shall extend to, apply to, or prohibit the operations in connection with the improvement of navigable waters or construction of public works, considered necessary and proper by the United States officers supervising such improvement or public work: And provided further, That the Secretary of War, whenever in the Deposits by judgment of the Chief of Engineers anchorage and navigation will not be injured thereby, may permit the deposit of any material above mentioned in navigable waters, within limits to be defined and under conditions to be prescribed by him, provided application is made to him prior to depositing such material; and whenever any permit is so granted the conditions thereof shall be strictly complied with, and any violation thereof shall be unlawful.
Sec. 14. That it shall not be lawful for any person or Injuries to persons to take possession of or make use of for any pur- works, etc., in pose, or build upon, alter, deface, destroy, move, injure, navigable' waobstruct by fastening vessels thereto or otherwise, or in any manner whatever impair the usefulness of any sea wall, bulkhead, jetty, dike, levee, wharf, pier, or other work built by the United States, or any piece of plant, floating or otherwise, used in the construction of such work under the control of the United States, in whole or in part, for the preservation and improvement of any of its navigable waters or to prevent floods, or as boundary marks, tide gauges, surveying stations, buoys, or other established marks, por remove for ballast or other purposes any stone or other material composing such works: Provided, That the Secretary of War may, on the recom
cupation of pubmendation of the Chief of Engineers, grant permission lic works. for the temporary occupation or use of any of the aforementioned public works when in his judgment such occupation or use will not be injurious to the public interest.
Sec. 15. That it shall not be lawful to tie up or anchor Anchoring or vessels or other craft in navigable channels in such a man- sels in navigable ner as to prevent or obstruct the passage of other vessels channels forbidor craft; or to voluntarily or carelessly sink, or permit or cause to be sunk, vessels or other craft in navigable channels; or to float loose timber and logs, or to float what is known as sack rafts of timber and logs in streams or channels actually navigated by steamboats in such manner as to obstruct, impede, or endanger navigation. And when Sunken versels ever a vessel, raft, or other craft is wrecked and sunk in a navigable channel, accidentally or otherwise, it shall be the duty of the owner of such sunken craft to immediately mark it with a buoy or beacon during the day and a lighted lantern at night, and to maintain such marks until the sunken craft is removed or abandoned, and the neglect or failure of the said owner so to do shall be unlawful;
Permits for OCful.
to be marked.
and it shall be the duty of the owner of such sunken craft
to commence the immediate removal of the same, and prosFailure tok de ecute such removal diligently, and failure to do so shall be ressels unlaw.considered as an abandonment of such craft, and subject
the same to removal by the United States as hereinafter provided for.
Sec. 16. That every person and every corporation that Sections 18,19, 16. shall violate, or that shall knowingly aid, abet, authorize,
or instigate a violation of the provisions of sections thirteen, fourteen, and fifteen of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding twenty-five hundred dollars nor less than five hundred dollars, or by imprisonment in the case of a natural person) for not less than thirty days nor more than one year, or by both such fine and imprisonment, in the discretion of the court, one-half of said fine
to be paid to the person or persons giving information Liability of which shall lead to conviction. And any and every masmasters. pilots,
ter, pilot, and engineer, or person or persons acting in such capacity, respectively, on board of any boat or vessel who shall knowingly engage in towing any scow, boat, or vessel loaded with any material specified in section thirteen of this Act to any point or place of deposit or discharge in any harbor or navigable water, elsewhere than within the limits defined and permitted by the Secretary of War, or who shall willfully injure or destroy any work of the United States contemplated in section fourteen of this Act, or who shall willfully obstruct the channel of any waterway in the manner contemplated in section fifteen of this Act, shall be deemed guilty of a violation of this Act, and shall upon conviction be punished as hereinbefore provided in this section, and shall also have his
license revoked or suspended for a term to be fixed by the boatse violating judge before whom tried and convicted. And any boat, prohibitions. vessel, scow, raft, or other craft used or employed in vio
lating any of the provisions of sections thirteen, fourteen, and fifteen of this Act shall be liable for the pecuniary penalties specified in this section, and in addition thereto for the amount of the damages done by said boat, vessel, scow, raft, or other craft, which latter sum shall be placed to the credit of the appropriation for the improvement of the harbor or waterway in which the damage occurred, and said boat, vessel, scow, raft, or other craft may be proceeded against summarily by way of libel in any dis
trict court of the United States having jurisdiction thereof. Department of SEC. 17. That the Department of Justice shall conduct
the legal proceedings necessary to enforce the foregoing
provisions of sections nine to sixteen, inclusive, of this Act; United States and it shall be the duty of district attorneys of the United prosecute of- States to vigorously prosecute all offenders against the same fenders.
whenever requested to do so by the Secretary of War or by any of the officials hereinafter designated, and it shall furthermore be the duty of said district attorneys to report to the Attorney-General of the United States the action taken
Justice to enforce the law.
by him against offenders so reported, and a transcript of such reports shall be transmitted to the Secretary of War by the Attorney-General; and for the better enforcement of the said provisions and to facilitate the detection and bringing to punishment of such offenders, the officers and officers and agents of the United States in charge of river and harbor United States to improvements, and the assistant engineers and inspectors employed under them by authority of the Secretary of War, and the United States collectors of customs and other revenue officers, shall have power and authority to swear out process and to arrest and take into custody, with or without process, any person or persons who may commit any of the acts or offenses prohibited by the aforesaid sections of this Act, or who may violate any of the provisions of the same: Provided, That no person shall be arrested without process for any offense not committed in the presence of some one of the aforesaid officials: And provided further, That whenever any arrest is made under the provisions of Parties arrestthis Act, the person so arrested shall be brought forthwith hearing. before a commissioner, judge, or court of the United States for examination of the offenses alleged against him; and such commissioner, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States.
SEC. 18. That whenever the Secretary of War shall have Bridges ob good reason to believe that any railroad or other bridge gation. now constructed, or which may hereafter be constructed, over any of the navigable waterways of the United States is an unreasonable obstruction to the free navigation of such waters on account of insufficient height, width of span, or otherwise, or where there is difficulty in passing the draw opening or the draw span of such bridge by rafts, steamboats, or other water craft, it shall be the duty of the said Secretary, first giving the parties reasonable opportunity Notice of alterto be heard, to give notice to the persons or corporations owning or controlling such bridge so to alter the same as to render navigation through or under it reasonably free, easy, and unobstructed; and in giving such notice he shall specify the changes recommended by the Chief of Engineers that are required to be made, and shall prescribe in each case a reasonable time in which to make them. If at the Proceedings in end of such time the alteration has not been made, the making alteraSecretary of War shall forthwith notify the United States tions. district attorney for the district in which such bridge is situated, to the end that the criminal proceedings hereinafter mentioned may be taken. If the persons, corporation, Penalty for de or association owning or controlling any railroad or other laudatno making bridge shall, after receiving notice to that effect, as hereinbefore required, from the Secretary of War, and within the time prescribed by him willfully fail or refuse to remove the same or to comply with the lawful order of the Secretary of War in the premises, such persons, corporation, or association shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceed
ing five thousand dollars, and every month such persons, corporation, or association shall remain in default in respect to the removal or alteration of such bridge shall be deemed a new offense, and subject the persons, corporation, or
association so offending to the penalties above prescribed: Appeal. .
Provided, That in any case arising under the provisions of this section an appeal or writ of error may be taken from the district courts or from the existing circuit courts direct to the Supreme Court either by the United States or by the defendants.
Sec. 19. That whenever the navigation of any river, lake, wrecks.
harbor, sound, bay, canal, or other navigable waters of the United States shall be obstructed or endangered by any sunken vessel, boat, water craft, raft, or other similar obstruction, and such obstruction has existed for a longer period than thirty days, or whenever the abandonment of such obstruction can be legally established in a less space
of time, the sunken vessel, boat, water craft, raft, or other May be broken obstruction shall be subject to be broken up, removed, sold, without liability. or otherwise disposed of by the Secretary of War at his
discretion, without liability for any damage to the owners of the same: Provided, That in his discretion, the Secretary of War may cause reasonable notice of such obstruction of not less than thirty days, unless the legal abandonment of the obstruction can be established in a less time, to be given by publication, addressed “To whom it may concern, in a newspaper published nearest to the locality of the
obstruction, requiring the removal thereof: And provided removal may be also, That the Secretary of War may, in his discretion, at invited or after the time of giving such notice, cause sealed pro
posals to be solicited by public advertisement, giving reasonable notice of not less than ten days, for the removal of such obstruction as soon as possible after the expiration of the above specified thirty days' notice, in case it has not in the meantime been so removed, these proposals and contracts, at his discretion, to be conditioned that such vessel, boat, water craft, raft, or other obstruction, and all cargo and property contained therein, shall become the property of the contractor, and the contract shall be awarded to the bidder making the proposition most advantageous to the United States: Provided, That such bidder shall give satis
factory security to execute the work: Provided further, Moneys re
That any money received from the sale of any such wreck, of wrecks to be or from any contractor for the removal of wrecks, under Treasury. this paragraph shall be covered into the Treasury of the
SEC. 20. That under emergency, in the case of any vesof War may take sel, boat, water craft, or raft, or other similar obstruction, immediate ndos: sinking or grounding, or being unnecessarily delayed in move wrecks. any Government canal or lock, or in any navigable waters
mentioned in section nineteen, in such manner as to stop, seriously interfere with, or specially endanger navigation, in the opinion of the Secretary of War, or any agent of the United States to whom the Secretary may delegate proper
ceived from sales
In emergent cases Secretary
authority, the Secretary of War or any such agent shall have the right to take immediate possession of such boat, vessel, or other water craft, or raft, so far as to remove or to destroy it and to clear immediately the canal, lock, or navigable waters aforesaid of the obstruction thereby caused, using his best judgment to prevent any unnecessary injury; and no one shall interfere with or prevent such removal or destruction: Provided, That the officer or agent charged with the removal or destruction of an obstruction under this section may in his discretion give notice in writing to the owners of any such obstruction requiring them to remove it: And provided further, That Expense of ra the expense of removing any such obstruction as aforesaid change against shall be a charge against such craft and cargo; and if the vessel and curro. owners thereof fail or refuse to reimburse the United States for such expense within thirty days after notification, then the officer or agent aforesaid may sell the craft or cargo, or any part thereof that may not have been destroyed in removal, and the proceeds of such sale shall be covered into the Treasury of the United States.
Such sum of money as may be necessary to execute this appropriation section and the preceding section of this Act is hereby wrecks. appropriated out of any money in the Treasury not otherwise appropriated, to be paid out on the requisition of the Secretary of War.
That all laws or parts of laws inconsistent with the fore- Repeal of pre. going sections nine to twenty, inclusive, of this Act are amended by seohereby repealed: Provided, That no action begun or right flver and Harbor of action accrued prior to the passage of this Act shall be fuit approved affected by this repeal: Provided further, That nothing 32, p. 375.) contained in the said foregoing sections shall be construed as repealing, modifying,
or in any manner affecting the provisions of an Act of Congress approved June twentyninth, eighteen hundred and eighty-eight, entitled “An Act to prevent obstructive and injurious deposits within the harbor and adjacent waters of New York City, by dumping or otherwise, and to punish and prevent such offenses,
as amended by section three of the river and harbor Act of August eighteenth, eighteen hundred and ninety-four.
EXTRACT FROM THE RIVER AND HARBOR ACT
APPROVED JULY 3, 1930.
Stats. L., vol. 46, p. 946.
The Chief of Engineers, in his discretion, and after Temporary obapproval by the Secretary of War, is hereby authorized utary waters. to make preliminary examinations and minor surveys liminary to exampreliminary thereto and to remove snags and other inations, pertemporary or readily removal obstructions from tributaries of waterways already under Federal improvement or in general use by navigation, to be paid from funds allotted to the adjoining waterways: Provided, That the cost of such work in any single year shall not exceed $1,000 per tributary.