The point III is in the line last described (parallel to K2 L) at its intersection with the north face of the Boston Gas Company's Wharf prolonged 920 feet westerly from the northeastern corner of said wharf; thence the line follows the faces of said wharf to an intersection with the pier-head line L M 250 feet southerly from L; thence the bulkhead and pier-head lines are coincident to the point IV, which is 1,000 feet southward from the point L; thence in a straight line parallel to South Street, and 200 feet from the south side of said street, to a point on the eastern side of Commercial Street Bridge; thence along the east side of Commercial Street Bridge 750 feet; thence to the point V, which is distant 900 feet northeastwardly from the northeastern rail of the Old Colony Railroad, measuring at right angles therewith from a point distant 3,300 feet northwestwardly from the draw in the bridge over the Neponset River; thence to the point VI, which is distant 1,350 feet northeastwardly from said rail, measuring at right angles therewith from a point distant 2,150 feet northwestwardly from said draw; thence to a point distant 1,400 feet northeastwardly from said rail, measuring at right angles therewith from a point distant 1,600 feet from said draw; thence to a point distant 1,250 feet northeasterly from said rail, measuring at right angles therewith from a point distant 1,090 feet northwesterly from said draw; thence to the northeast corner of the sea-wall of Stearns' lumber wharf: thence to a point 155 feet northwesterly from the point W of the pier-head line, measuring along the northeastern face of said wharf; thence the bulkhead line is parallel to and 155 feet distant from the pier-head lines, to the city highway bridge over Neponset River.

On the easterly side of Neponset River, the bulkhead line starts at a point on the east side of the highway bridge over Neponset River 750 feet southeast from the point Y, measuring along the east side of said bridge, and runs in a straight line to a point in the east side of the Old Colony Railroad Bridge 350 feet southeastward from the point B' of the pier-head line, measuring along the east side of said bridge; thence to the point VII, which is 350 feet distant from the point C' of the pier-head line, measuring on a perpendicular to the pier-head line B'C' at C'; thence to the point VIII, which is 350 feet distant from the point D' of the pier-head line, measuring on a perpendicular to the pier-head line C'D' at D'; thence to the point IX, which is in the pier-head line B' C' extended eastwardly 1,050 feet from C'; thence to the point X, which is distant 2,420 feet from the northeasterly rail of the Old Colony Railroad, measuring perpendicular thereto from a point 1,090 feet from the draw in the bridge over the Neponset River; thence to the point XI, which is distant 2,775 feet northeasterly from said rail, measuring at right angles therewith from a point distant 3,300 feet from said draw; thence the bulkhead line is parallel to the pier-head line, and 600 feet within it, to the point XII, which is at its intersection with the foot of the outfall sewerage embankment, near point P' of the pier-head line; thence along said foot of the embankment to the north corner of the sewerage outlet, where the bulkhead and pier-head lines meet.

[Approved February 13, 1890 ]

[B.]

[See page 14 of this Report, ante.]

SECTIONS 4 TO 12 OF THE RIVER AND HARBOR ACT OF SEPTEMBER 19, 1890, RELATING TO BRIDGES AND OTHER OBSTRUCTIONS IN NAVIGABLE WATERS, TO HARBOR LINES, ETC.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, *

*

SECTION 4. That section nine of the river and harbor act of August eleventh, eighteen hundred and eighty-eight, be amended and reenacted so as to read as follows:

That whenever the Secretary of War shall have good reason to believe that any railroad or other bridge now constructed, or which may hereafter be constructed, over any of the navigable water-ways 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, steam boats, or other water-craft, it shall be the duty of the said Secretary, first giving the parties reasonable opportunity to 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 required to be made, and shall prescribe in each case a reasonable time in which to make them. If at the end of such time the alteration has not been made, the Secretary of War shall forthwith notify the United States district attorney for the district in which such bridge is situated, to the end that the criminal proceedings mentioned in the succeeding section may be taken.

SECTION 5. That section ten of the river and harbor act of August eleventh, eighteen hundred and eighty-eight, be amended and reenacted so as to read as follows:

That if the persons, corporation, or association owning or controlling any railroad or other bridge, shall, after receiving notice to that effect as herein before 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 asso

ciation shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding 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.

SECTION 6. That it shall not be lawful to cast, throw, empty, or unlade, or cause, suffer, or procure to be cast, thrown, emptied, or unladen, either from or out of any ship, vessel, lighter, barge, boat, or other craft, or from the shore, pier, wharf, furnace, manufacturing establishments, or mills of any kind whatever, any ballast, stone, slate, gravel, earth, rubbish, wreck, filth, slabs, edgings, sawdust, slag, cinders, ashes, refuse, or other waste of any kind, into any port, road, roadstead, harbor, haven, navigable river, or navigable waters of the United States, which shall tend to impede or obstruct navigation; or to deposit or place, or cause, suffer, or procure to be deposited or placed, any ballast, stone, slate, gravel, earth, rubbish, wreck, filth, slabs, edgings, sawdust, or other waste, in any place or situation on the bank of any navigable waters where the same shall be liable to be washed into such navigable waters, either by ordinary or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be impeded or obstructed: Provided, That nothing herein contained shall extend or be construed to extend to the casting out, unlading, or throwing out of any ship or vessel, lighter, barge, boat, or other craft, any stones, rocks, bricks, lime, or other materials used, or to be used, in or toward the building, repairing, or keeping in repair any quay, pier, wharf, weir, bridge, building, or other work lawfully erected or to be erected on the banks or sides of any port, harbor, haven, channel, or navigable river; or to the casting out, unlading, or depositing of any material excavated for the improvement of navigable waters, into such places and in such manner as may be deemed by the United States officer supervising said improvement most judicious and practicable and for the best interests of such improvements; or to prevent the depositing of any substance above mentioned under a permit from the Secretary of War, which he is hereby authorized to grant, in any place designated by him where navigation will not be obstructed thereby.

SECTION 7. That it shall not be lawful to build any wharf, pier, dolphin, boom, dam, weir, breakwater, bulkhead, jetty, or structure of any kind, outside established harbor lines, or in any navigable waters of the United States where no harbor lines are or

may be established, without the permission of the Secretary of War, in any port, roadstead, haven, harbor, navigable river, or other waters of the United States, in such manner as shall obstruct or impair navigation, commerce, or anchorage of said waters; and it shall not be lawful hereafter to commence the construction of any bridge, bridge-draw, bridge piers and abutments, causeway or other works, over or in any port, road, roadstead, haven, harbor, navigable river, or navigable waters of the United States, under any act of the legislative assembly of any State, until the location and plan of such bridge or other works have been submitted to and approved by the Secretary of War; or to excavate or fill, or in any manner to alter or modify the course, location, condition, or capacity of the channel of said navigable water of the United States, unless approved and authorized by the Secretary of War: Provided, That this section shall not apply to any bridge, bridge-draw, bridge piers and abutments the construction of which has been heretofore duly authorized by law, or be so construed as to authorize the construction of any bridge, draw bridge, bridge piers and abutments, or other works, under an act of the legislature of any State, over or in any stream, port, roadstead, haven or harbor, or other navigable water not wholly within the limits of such State.

SECTION 8. That all wrecks of vessels and other obstructions to the navigation of any port, roadstead, harbor, or navigable river, or other navigable waters 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.

SECTION 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, tide-gauges, surveying-stations, buoys, or other established marks; nor remove for ballast or other purposes any stone or other material composing such works.

SECTION 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 obstruction 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.

SECTION 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.

SECTION 12. That section twelve of the river and harbor act of August eleventh, eighteen hundred and eighty-eight, be amended and re-enacted 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.