Page:United States Statutes at Large Volume 44 Part 1.djvu/1083

1069 proceedings to this end may be instituted under the direction of the Attorney General of the United States. (Mar. 3, c. 425,} § 12, 30 Stat. 1151; Feb. 20, 1900, c. 23 § 2, 31 Stat 32.}}

407. Deposit of refuse in navigable waters generally.—glt It shall not be lawful to throw, dishyarge, or deposit, or cause, , or procure to be thrown, discharged, or deposited either from or out of any ship, barge, or other floating craft of any kind or from the shore, wharf, manufacturing establishment, or will of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state, into any navigable water of the United States, or into any tributary of any navigable water frojm which the same shall float or be washed from such navigable water; and it shall not be lawful to deposit, or cause, suffer, or procure to be deposited material of any kind in any place on the bank of any navigable water, or on the bank of any tributary of any navigable water, where the same shall be liable to be washed into such navigable water, either by ordinary or high tides, or by storms by floods, or otherwise, whereby navigation, shall or may be impeded or obstructed: Provided, That nothing herein contained shall extend to, apply to, or prohibit the operations in connection with the improvement of navigable waters or construction of public works, considered necessary and proper by the United States officers supervising such improvement or public work: And provided further, That the Secretary of War, whenever in the judgment of the Chief of Engineers anchorage and navigation will not be injured thereby, may permit the, deposit of any material above mentioned in navigable waters within limits to be defined and under conditions to be prescribed by him, provided application is made to him prior to depositing such material and whenever any permit is so granted the conditions thereof shall be strictly complied with, and any violation thereof shall be unlawful. (Mar. 3,· 1899, c. 425, § 13. 30 Stat. 1152.)

408. Taking possession of, use of, or injury to harbor or river improvements.—It shall not be lawful or any person or persons; to take possession at or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, obstruct by fastening vessels thereto or otheriwise, or in any manner whatever impair the usefulness of any sea wall, bulkhead, jetty, dike, levee; wharf, pier, or other work built by the United States,or any peice of plant, floating or otherwise used in, the construction of such work under the control of 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 guages, surveying stations, bouys, or other esstablished marks, nor remove for ballast or other purposes any stone or other material composing such works: Provided, That the Secretary of War may, on the recommendation of the Chief of Engineers, grant permission for the temporary occupation or use of any of the aforementioned public works when in his judgment such occupation or use will not be injurious to the public interest. (Mar. 3, 1899, c: 425, 14. 30 Stst. 1152.)

409. Obstruction of navigable waters by vessels; floating timber; marking and removal of sunken vessels.— It shall not be lawful to tie up or anchor vessels, or other craft in navigable channels in such manner as to prevent or obstruct the passage of other vessels or craft; or to voluntarily or carelessly sink, or permit or cause to be sunk, vessels or other craft in navigable channels; or to float loose timber and logs, or to float what is known as sack rafts of timber and logs in streams or channels actually navigated by steamboats in such manner as to obstruct, impede, or endnager navigation; And whenever a vessel, raft, or other craft is wrecked and sunk in a navigable channel, accidently or otherwise it shall be the duty of the owner of such sunken craft to immediately mark it with a buoy or beacon during the day and a lighted lantern at night, and to maintain such marks until the sunken craft is removed or abandoned, and the neglect or failure of the said owner so to do shall be unlawful; and it shall be the duty of the owner of such sunken craft to commence the immediate removal of the same, and prosecute such removal diligently, and failure todo so shall be considered as an abandonment of such craft, and subject the same to removal by the United States as hereinafter provided for. (Mar. 3, 1899, c. 425, § 15, 30 Stat 1152.)

410. Exception as to floating loose timber, sack rafts, etc.; violation of regulations; penalty.—The prohibition contained in the foregoing section against floating loose timber and logs, or sack rafts; so called, of timber and logs in streams or channels actually navigated by steamboats, shall not apply to any navigable river or waterway of the United States or any part thereof whereof the floating of loose timber and logs and sack rafts of timber and logs is the principal method of navigation. But such method of navigation on such river or waterway or part thereof shall be subject to the rules and regulations prescribed by the Secretary or War as hereinafter provided,

The Secretary of War shall, have, power, and he is hereby authorized and directed to prescribe rules and regulations, which he may at any time modify, to govern and regulate the floating of loose timber and logs, and sack rafts, (so called), of timber and logs and other methods of navigation on the streams and waterways, or any thereof, of the character, as to navigation, heretofore in this section described. The said rules and regulations shall be so framed as to equitably adjust conflicting interests between the different "methods" or  forsm of navigation; and the said rules and regulations shall be published at least once in such newspaper or newspapers of general circulation as in the opinion of the Secretary of War shall be best adapted to give notice of said rules and reguations to persons affected thereby and locally interested therein. And all modifications of said rules and regulations shall be similarly published. And such rules and regulations when so prescribed and published as to any such stream or waterway shall have the force of law, and any violation thereof shall be a misdemeanor, and every person convicted of such violation shall be punished by a fine of not exceeding $2,500 nor less than $500; or by imprisonment (in the case of a natural person) for not less than thirty days nor more than one year, or by both such fine and imprisonment, in the discretion of the court: Provided, That the proper action to enforce the provisions of this section may be commenced before any commissioner, judge, or court of the United States; and such commissioner, judge, or court shall proceed in respect thereto as authorised by law in the case of crimes or misdemeanours committed against the United States.

The right to alter, amend, or repeal this section at any time is hereby reserved. (May 9, 1900, c. 387, }§ 1-3, 31 Stat. 172.)

411.- Peimlty for wrongful clcpmit of rcfdooi me of or lniury_to harbor improvements,  obstruction of navigable 0 winters. generally.-—Evéry —pemo¤ and ovary corporation that shall viol•.te, ’or that shall knowingly uid, ·_abet, authorize. oi lnstlgate n ylolntioul of the provisions of sections 407, 408, and _409" of this chdpter shn`ll__lise guilty of a migemeonor, and “ · on convlctloh thereof shall be punished by a She not exceed- _.i¤g $2,500 nor less than $500, or by lmprisohment (iu the case of a natural person) for pot less than thirty days nor more than ono year; Qr by both such flue and imprisonment, in the, discretion ot the court, one-half ot sold Uno tobe pom to the person or persons giving lnformqtion which shall lead to couviction. 1·(H!1*. 3,”1®9, c. 4%, § 16, 30 Stat. ·1158.)_ W - ;. 412. Llsbilltypof masters, pilots, end ps forth, and of yessels · éltgcd ht violations.-·—-Any and every `master, pilot, rend engi- @1*, or person or persons acting in such. capacity, respectively,