Page:United States Statutes at Large Volume 36 Part 1.djvu/619

 SIXTY-FIRST CONGRESS. Sess. II. Ch. 360. 1910. 595 as the Secretary of Commerce and Labor shall prescribe, and for failure so to do in any respect shall be deemed guilty of a misde- P°¤¤·“Y *°* *¤““’°· meanor and subject to a fine of not less than Eve hundred dollars, and each month of such failure shall constitute a separate offense and · subject such ersons to additional enalties therefor. " Sec. 4. Tlhat all rights acquired) under this Act shall cease and be F°*’*°“‘“`° °*"8'h‘”- determined if the person, company, or corporation acquirin such rights shall, at any time, fail, after receiving reasonable notice tgereof, to comply with any of the provisions and requirements of the Act, or with any of the stipulations and conditions that may be prescribed as aforesaid by the Chief of Eggineers and the Secretary of War, including the (payment into the reasury of the United States of the charges provide for by section one of this Act: Provided, That Con- Prewiwti h . gress may revoke any rights conferred in pursuance of this Act when- ¤§,$`é3°ff>r°f,?rbfrv¤u$ ever it is necessary for public use, and, in the event of any such revocation b Congress, the United States shall pay the owners of any dam and appurtenant works built under authority of this Act, asfull compensation, the reasonable value thereof, exclusive of the value of the authority or franchise granted, such reasonable value to be determined by mutual agreement between the Secretary of War and the said owners, and in case they can not agree, then by dpro— ceedings instituted in the United States circuit court for the con emnation of such properties: And provided also, That the authority g¤gmi¤¤¤¤¤i¤ MW granted under or in fpursuance of the provisions of this Act shall ter- Y ` minate at the end o a eriod not to exceed fifty years from the date of the original approval) of the roject under t is Act, unless sooner revoked as herem provided or Co ess shall otherwise direct: Pro- · mkled, however, That this linritationndliall not apply to any corporation Exceptions. or individual heretofore authorized by the United States, or by any State, to construct a dam in or across a navigable waterway, upon which dam expenditures of money have heretofore been made in · reliance upon such grant or grants. "SEc. 5. That any persons who shall fail or refuse to comply with ,,§*{,§°§, “,‘},‘§,; the lawful order of the Secretary of War and the Chief of E eers, ¤*d¤¤¤· made in accordance with the provisions of this Act shall be deemed guilty of a violation of this Act, and any persons who shall be guilty of a violation of this Act shall be deemed ilty of a misdemeanor and on conviction thereof shall be punishedgliy a fine not exceeding five thousand dollars, and every month such persons shall remain in default shall be deemed a new offense and subject such ersons to additional enalties therefor; and in addition to the penalltiies above R¤¤¤<>v¤1·¤¢¢· described tlie Secretaryof War and the Chief of Engineers may, upon refusal of the persons owning or controllin any such dam and accessoryvworks to complyéwith any lawful ordir issued by the Secretary of ar or Chief of ngineers in regard thereto, cause the removal of such dam and accessory works as an obstruction to navigation at the expense of the persons owning or controlling such dam, and suit Sum f<>f¤¤1>¤¤¤¢· for such expense may be brought in the name of the United States against suc persons and recovery had for such expense in any court o competent jlurisdiction. Said rovision as to recovery of expense shall not app y wherever the fignited States has been previously reimbursed for such removal; and the removal or any structures P'°°°°dm8` erected or maintained in violation of the provisions of this Act or the order or direction of the Secretary of War or the Chief of Engineers made m pursuance thereof may be enforced by injunction, mandarnus, or other summary process, upon application to the circuit court m the drstrrct in which such structure may, in whole or in part, exist, and proper proceedings to this end ma be instituted under the `directron of the Attorney-General of the Iirnited States at the request of H the Chief of Engineers or the Secretary of War; and in case of any ¤°°¤°°'