Page:United States Statutes at Large Volume 30.djvu/1192

 1154 FIFTY-FIFTH CONGRESS. Sess. III. Ch. 425. 1899. 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 diiiiculty 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, iirst giving the parties —i¤¤¢i¤¤#·¤¤1¤»r- 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 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 ——P¤¤·l¤"· them. lf 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 hereinafter mentioned may be taken. If the persons, corporation, or association owning or controlling any railroad or other 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 line 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 mm. above prescribed: Provided, That in any case arising under the provi- —‘”°'* sions 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. Remo¤l¤!¤l>¤¤¤¤- Sm:. 19. That whenever the navigation of any river, lake, harbor, °“"'"°"'"*'°°°` sound, bay, canal, or other na 'gable waters of the United States shall be obstructed or endangeredvby 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 obstruction shall be subject to · be broken np, removed, sold, or otherwise disposed of by the Secretary of War at his discretion, without liability for any damage to the ramen 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 also, · -p¤>p<·¤¤1•¤¤r¤¤¤¤v¤- That the Secretary of War may, in his discretion, at or after the time of giving such notice, cause sealed proposals 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 -1»m10: umm. States: Provided, That such bidder shall give satisfactory security to nzspesieimtrrunu. execute the work: Provided further, That any money received from the wrecks, under this paragraph shall be covered into the Trea ury of the United States. vm-ein gmmuug, Sec. 20. That under emergency, in the case of any vessel, boat. water jfiéstmmm Bm °,_ craft, or raft. or other similar obstruction, sinking or grounding, or ' ’ being unnecessarily delayed in any Government canal or lock, or in
 * "°”* *°1°°’ ‘"°°"“· sale of any such wreck, or from any contractor for the removal of