of the United States, which may have been permitted by the owners thereof or the parties by whom they were caused to remain to the injury of commerce and navigation for a longer period than two months, shall be subject to be broken up and removed by the Secretary of War, without liability for any damage to the owners of the same.

SEC. 9. That it shall not be lawful for any person or persons to take possession of or make use for any exclusive purpose, or build upon, alter, deface, destroy, injure, obstruct, or in any other manner impair the usefulness of any sea-wall, bulkhead, jetty, dike, levee, wharf, pier, or other work built by 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, tidegauges, surveying-stations, buoys, or other established marks, nor remove for ballast or other purposes any stone or other material composing such works.

SEC. 10. That the creation of any obstruction not affirmatively authorized by law, to the navigable capacity of any waters, in respect of which the United States has jurisdiction, is hereby prohibited. The continuance of any such obstruction, except bridges, piers, docks and wharves, and similar structures erected for business purposes, whether heretofore or hereafter created, shall constitute an offense and each week's continuance of any such obstruction shall be deemed a separate offense. Every person and every corporation which shall be guilty of creating or continuing any such unlawful obstruction in this act mentioned, or who shall violate the provisions of the last four preceding sections of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding five thousand dollars, or by imprisonment (in the case of a natural person) not exceeding one year, or by both such punishments, in the discretion of the court, the creating or continuing of any unlawful obstruction in this act mentioned may be prevented and such obstruc-. tion may be caused to be removed by the injunction of any circuit court exercising jurisdiction in any district in which such obstruction may be threatened or may exist; and proper proceedings in equity to this end may be instituted under the direction of the Attorney-General of the United States.

SEC. 11. That it shall be the duty of officers and agents having the supervision, on the part of the United States, of the works in progress for the preservation and improvement of said navigable waters, and, in their absence, of the United States collectors of customs and other revenue officers to enforce the provisions of this act by giving information to the district attorney of the United States for the district in which any violation of any provision of this act shall have been committed: Provided, That the provisions of this act shall not apply to Torch Lake, Houghton County, Michigan.

SEC. 12. That section twelve of the river and harbor act of August eleventh, eighteen hundred and eighty-eight, be amended and reenacted so as to read as follows:

Where it is made manifest to the Secretary of War that the establishment of harbor-lines is essential to the preservation and protection of harbors, he may, and is hereby authorized, to cause such lines to be established, beyond which no piers, wharves, bulk-heads or other works shall be extended or deposits made, except under such regulations as may be prescribed from time to time by him; and any person who shall willfully violate the provisions of this section, or any rule or regulation made by the Secretary of War in pursuance of this section, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding one thousand dollars, or imprisonment not exceeding one year, at the discretion of the court for each offense.

FROM ACT OF JULY 13, 1892.

SEC. 5. That no money appropriated for the improvement of rivers and harbors in this act or hereafter, shall be expended for dredging inside of harbor-lines duly established.

OLD COLONY RAILROAD BRIDGE.

Statement by W. H. Bixby, Captain, Corps of Engineers, to accompany report on the hearing of November 5th and 17th, 1891, as to the question of changes needed in the Old Colony R. R. bridge over the Seaconnet river, near Tiverton, R. I.

(The Seaconnet river at this place is obstructed by two bridges; one, a highway bridge belonging to the State of Rhode Island, and the other a railroad bridge operated by the Old Colony railroad. The cases of these two bridges are so radically different that a separate statement is submitted for each, to avoid otherwise great confusion and misunderstanding.)

BRIEF SKETCH OF PROCEEDINGS.

By letters of March and April, 1888, three long petitions (see A 3 herewith), representing about 360 persons (one petition being headed by John W. Davis, then Governor of Rhode Island, and followed by many members of the Rhode

Island Legislature) were presented to the U. S. Engineer Department, appealing to the United States Government for aid in behalf of the safe and free navigation of the Seaconnet river, and stating that in the opinion of the signers this bridge should be provided with a swing draw having two free openings each of at least 100 feet clear span and at least 25 feet depth. These petitions were duly forwarded to the Secretary of War and are now on file in either the Engineer or War Department office. At that date Congress had merely provided legislation (Section 8, River and Harbor Act of July 5, 1884) to cover such aids to navigation as could be added to existing bridges, and had not provided for any changes in the width and depth of draw openings. Under such circumstances the memorials of March and April, 1888, resulted only in a decision of the Secretary of War, under date of May 12, 1888, (1293 B, Engr. Dept.-1888) by which the Old Colony R. R. was required to add and maintain on each side of the bridge and also on each side of the draw opening, floating booms of about 5 feet width, 3 feet depth and 200 feet length, as guides or fenders to vessels passing through the draw. These booms have remained in use until the present date (except during the freezing months of winter); but they have been found to be about as troublesome as advantageous to passing vessels.

Later on, the River and Harbor Act of August 11, 1888, Section 9, having authorized the Secretary of War to require bridge owners to, if necessary, alter their bridges in such manner that they should no longer be obstructions to navigation, additional memorials were sent to the Secretary of War between July, 1890, and March, 1891, representing over 500 persons (citizens, merchants, property owners, shippers, schooner captains and Yacht Clubs) and making essentially the same complaints and demands as those of 1888 (7825, Engr. Dept., 1890; and 1679, 1 to 61, Engr. Dept., 1890; 1398, War Dept., 1891). By this time, the new River and Harbor Act of September 19, 1890, Sections 4 and 5, had increased the authority of the Secretary of War and had established penalties for non-obedience to his orders. These new memorials therefore, under provision of this new Act of Congress, and circular letter of October 15, 1889, from the War Department, and G. O. No. 9 of October 22, 1889, from the Engineer Department, were by letter of December 31, 1890, from the Chief of Engineers (7825, Engr. Dept., 1890; 1398, B, War Dept., 1891) referred to the Engineer Office, Newport, R. I., for investigation by Major W. R. Livermore, my predecessor, then in charge. By virtue of these instructions, hearings were held at the Engineer Office at Newport, R. I., on February 24, March 12, March 27 and April 11, 1891, as to which, all the interested parties were fully notified. At these hearings, the Old Colony R. R.,

as well as all parties interested in the river navigation, were given full opportunity to present their views. These hearings were reported to the War Department by letters of Major Livermore of the 13th and 22d June, 1891, (1679, 62 and 71, Engr. Dept., 1891; 1398, B, 12 and 21, War Dept., 1891,) and of the Chief of Engineers of August 3, 1891, (1679, 77, Engr. Dept., 1891; 1398, B, War Dept., 1891,) in which it was recommended that the Old Colony R. R. be required to provide its bridge before January 1, 1893, with a draw having an opening of 100 feet width in the clear. There appearing some slight doubt on the part of the Judge Advocate General's Office (1679, 78, Engr. Dept., 1891; 1398, B, 27, War Dept., 1891,) as to whether the bridge owners had received the full notice required by law, a further hearing was ordered by the War Department, September 16, 1891, and of the Engineer Department, September 21, 1891, (by indorsement on papers last indicated,) the hearing to be held in accord with the instructions of circular letter of September 16, 1891, from the War Department and G. O. No. 6 of September 19, 1891, from the Engineer Department. Under these new instructions, hearings were held at the Engineer Office, Newport, R. I., on November 5 and 17, 1891, and at the State House, Newport, R. I., on November 17, 1891; as to which the Old Colony R. R. was notified in due form through its President; and at which the R. R., through its President and counsel, and all other parties or persons interested in the bridge or the river navigation, were given full opportunity to present their views. The result of these hearings is reported herewith accompanied by copies of the minutes of all previous hearings and by all written documents submitted at these hearings or thought pertinent thereto; and accompanied also with an opinion that the Old Colony R. R. has now without doubt received all the notice required by law, and with a recommendation that the Old Colony R. R. be required to provide its bridge before the 1st of July, 1894, with a draw having an opening of at least 100 feet clear width, and that they be at the same time cautioned that the needs of future navigation will probably soon require this opening to be deepened to 25 feet depth at low water and that the piers and abutments of the draw span ought to be constructed accordingly.

HISTORY OF THE RIVER AND OLD COLONY R. R. BRIDGE.

The Seaconnet River is an arm of the sea between the Island of Rhode Island and the main land in the vicinity of the towns of Little Compton and Tiverton, extending from the ocean to Narragansett Bay around the head of the island of Rhode Island, and making naturally a deep and specially safe water communication around that island from the ocean to Narragansett Bay and the

inland cities of Providence, Fall River, Taunton and the intermediate towns of the States of Rhode Island and Massachusetts. It is practically an Eastern arm of Narragansett Bay. The entrance from the ocean is unobstructed; and a clear, broad and nearly straight channel, running nearly north and south, and of at least 300 feet width and 23 feet depth extends throughout its entire length, the river itself for a distance of about 11 miles at its lower (southern) end having a width of about 1.25 miles and a depth of up to 35 feet, and for a distance of about 1.5 miles at its upper end having a width of about a sixth of a mile and a depth of up to 60 feet; thus offering naturally a direct and deep outlet to the ocean, for the waters of Taunton River and the northeastern portion of Narragansett Bay. The only obstructions to its free navigation are the State highway bridge and the Old Colony R. R. bridge, both at its upper (northern) end near Tiverton. (See map 1679, 70, Eugr. Dept., 1891; 1398, B, 20, War Dept., 1891; and report of the R. I. State Commission of 1892, G, 1, herewith.) The construction of this Old Colony R. R. bridge, is said to have been originally authorized by Sec. 3, No. 11, Acts of the Rhode Island General Assembly of 1846 in a grant to the Newport and Fall River Railroad Co., extended by Section 5, No. 3, Act of 1862, by which the railroad was required to construct and maintain in their bridge a suitable draw of at least 33 feet clear width (See copy of these Acts, F, 9, herewith, as furnished by the Railroad Company). The date of the actual construction of this bridge is said to have been about 1860. The so-called bridge itself is a causeway, consisting of a solid embankment having a core of sand, gravel and stone, and a facing of heavy stone rip-rap, and extending completely across and damming the Seaconnet River, with the exception of a single draw span opening of about 33 feet clear width and about 10 feet clear depth at low tide. This opening is spanned by a pair of open-built iron girders, each carrying one rail of a single track road, the girders being arranged so as to be swung to one side whenever necessary to allow the passage of boats through the draw opening. The river channel just above and below this bridge, is about a quarter of a mile wide with 18 feet depth, and has about a sixth of a mile width, with from 30 to 50 feet depth (See Report of Rhode Island State Commissioners of 1892, above quoted; and U. S. Coast Survey Chart No. 353; and map 1679, 70, Engr. Dept., 1891; 1398, B, 20, War Dept., 1891).

At my last visit to the bridge, the abutments of the draw-span had the appearance of being to some extent undermined, a result to be naturally expected sooner or later from such considerable difference in head of water on the two sides of the bridge and from such rapid currents through the draw opening, as are caused by the small size of the existing opening.