Page:United States Statutes at Large Volume 23.djvu/176

 148 ronrr-mourn coxcnnss. stss. 1. cu. 229. 1884. of said expenses shall accompany the annual report of the Chief of En— gineers. Ap p ropriations Sec. 5. That out of the money herein appropriated for the Kentucky {::1 d? ;,*0;_°,}_*__:‘•° if River the sum of two thousand dollars or so much thereof as may be dam at B€a$,_ necessary may be expended for the purchase of land for the construction vine, ctc_ of lock and dam at Beattyville; and so much thereof as may be necessary may also be expended for the same purpose at lock number six: Proviso. And provided further, That the sum of six thousand dollars authorized 21 suit., 190. by the act approved June fourteenth eighteen hundred and eighty to _ Removal ofdarns be expended for the removal of dams in Yadkiu River North Carolina "* Y“dk“* Rl'"'- may be used by the Secretary of War for acquiring the right of way by removal or otherwise of such dams as may be necessary for the contemplated improvement, the said right of way or removal to be obtained by agreement with the parties interested or in event of failure to make a reasonable agreement by condemnation as provided for by the laws of the State of North Carolina. Material for im- Sec. 6 That whenever, in the prosecution and maintenance of the ¥,*;:l‘fi*;*;’:¤:: NL; improvement of the Mississippi River and other rivers harbors and “,,,°d_ ’ '"' ° public works for which appropriations are herein made it becomes ner-- essary or proper, in the judgment of the Secretary of War,to take possession of material found on bars and islands within the river banks, or other material lying adjacent or near to the line of any of said works and needful for their prosecution or maintenance, the officers in charge of said works may, when they cannot agree as to the price with the owners thereon in the name of the United States take possession of and use the same after iirst having paid or secured to be paid the value thereof, which may have been ascertained in the mode provided by the laws of the State wherein such property or material 1>»-wm. lies: Provided, however, That when the owner of such property or material shall tix a price for the same which in the opinion of said officer in charge, shall be reasonable,he may take the same at such price without ful ther delay. The Department of Justice shall represent the interests of the United States in the legal proceedings under this act. Des M o i u e s Sec. 7 That it shall be the duty of the Secretary of War to prescribe §¤P'd¤ P¤¤IgJ» 3*- such rules and regulations in respect to the use and administration of Cazslymfd L:,,,; the Des Moines Rapids Canal, the Saint Mary’s Falls Canal, and the vm., {,,4 p.,,-m,,.; Louisville and Portland Canal, as in his judgment the public necessity Canal; Secretary may require; which rules and regulations shall be posted in some con- °f;’V°’*°‘,P’°°_f:l*,l’° spicuons place for the intormation of the public. Any person know- 2:, :°g°;;’;,m°é in gly and wilfully violating such rules and regulations shall be liable gm m,a,;,tc,,0g to fine not exceeding ilve hundred dollars, or imprisonment not exceed Ifenalty for vic- ing six months; to be enforced in` any district court of the United ’°*“°“- States within whose territorial jurisdiction such offense may have been committed. B ri d ge s over Sec. 8 That whenever the Secretary of War shall have good reason navigable rivers of to believe that any railroad or other bridge now or hereafter to be con- L· _$_;_ ‘,;i““"Q“°*‘f’g structed over any of the navigable waters of the United States, under J°,:,',{,,,;°`;: authority of the United States or of any State or Territory, is an obstrucon n s t i- ii c t and tion to the free navigation of such waters, by reason of ditiiculty in ¤5=¤i¤r=¤i¤ bww. passing the drawopening or the raft-span of said bridge, by rafts, steam- “&,{*‘*;0**gj° 2::5; boats, or other watercraft, it shall be the duty of the said Secretary, on g;¤?m» satisfactory proof thereof, to require the company or persons owning, controlling, or operating said bridge to cause such aids to the passage of said draw-opening or of said raftspan, or of both said draw-opening and raft-span to be constructed, placed, and maintained, at their own cost and expense, in the form of booms, dikes, piers, or other suitable and proper structures for the guiding of said rafts, steamiboats, and other water-craft safely through said opening or span, or both said opening or span, as shall be specified in his order in that behalf'; and pup,,,, ,0 ,.,,1. on failure of the company or persons aforesaid to make and estabmlm:. maintain, lish such additional structures within a reasonable time, the said °’°-G P*’"°*°>’- Secretary shall proceed to cause the same to be built or . made