viction thereof shall be fined not to exceed the sum of five thousand dollars or be imprisoned not to exceed five years, or by both such fine and imprisonment, in the discretion of the court. And any person or persons, company or corporation, their agents or employés, who shall mine by the hydraulic process directly or indirectly injuring the navigable waters of the United States, in violation of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both such fine and imprisonment, in the discretion of the court: Provided, That this section shall take effect on the first day of May, eighteen hundred and ninety-three. SEC. 23. That upon the construction by the said Commission of dams or other works for the detention of débris from hydraulic mines and the issuing of the order provided for by this act to any individual, company, or corporation to work any mine or mines by hydraulic process, the individual, company, or corporation operating thereunder working any mine or mines by hydraulic process, the débris from which flows into or is in whole or in part restrained by such dams or other works erected by said Commission, shall pay a tax of three per centum on the gross proceeds of his, their, or its mine so worked, which tax of three per centum shall be ascertained and paid in accordance with regulations to be adopted by the Secretary of the Treasury, and the Treasurer of the United States is hereby authorized to receive the same. All sums of money paid into the Treasury under this section shall be set apart and credited to a fund to be known as the "débris fund," and shall be expended by said Commission under the supervision of the Chief of Engineers and direction of the Secretary of War, in addition to the appropriations made by law in the construction and maintenance of such restraining works and settling reservoirs as may be proper and necessary: Provided, That said Commission is hereby authorized to receive and pay into the Treasury from the owner or owners of mines worked by the hydraulic process, to whom permission may have been granted so to work under the provisions hereof, such money advances as may be offered to aid in the construction of such impounding dams or other restraining works, or settling reservoirs, or sites therefor, as may be deemed necessary by said Commission to protect the navigable channels of said river systems, on condition that all moneys so advanced shall be refunded as the said tax is paid into the said débris fund: And provided further, That in no event shall the Government of the United States be held liable to refund same except as directed by this section. SEC. 24. That for the purpose of securing harmony of action and economy in expenditures in the work to be done by the United States and the State of California, respectively, the former in its plans for the improvement and protection of the navigable streams and to prevent the depositing of mining débris or other materials within the same, and the latter in its plans authorized by law for the reclamation, drainage, and protection of its lands, or relating to the working of hydraulic mines, the said commission is empowered to consult thereon with a commission of engi neers of said State, if authorized by said State for said purpose, the result of such conference to be reported to the Chief of Engineers of the United States Army, and, if by him approved, shall be followed by said Commission. SEC. 25. That said Commission, in order that such material as is now or may hereafter be lodged in the tributaries of the Sacramento and San Joaquin river systems, resulting from mining operations, natural erosion, or other causes, shall be prevented from injuring the said navigable rivers or such of the tributaries of either as may be navigable, and the land adjacent thereto, is hereby directed and empowered, when appropriations are made therefor by law, or sufficient money is deposited for that purpose in said débris fund, to build at such points above the head of navigation in said rivers and on the main tributaries thereof, or branches of such tributaries, or at any place adjacent to the same, which, in the judgment of said Commission, will effect said object (the same to be of such material as will insure safety and permanency), such restraining or impounding dams and settling reservoirs, with such canals, locks or other works adapted and required to complete same. The recommendations contained in Executive Document Numbered Two hundred and sixty-seven, Fifty-first Congress, second session, and Executive Document Numbered Ninety-eight, Forty-seventh Congress, first session, as far as they refer to impounding dams or other restraining works, are hereby adopted, and the same are directed to be made the basis of operations. The sum of fifteen thousand dollars is hereby appropriated, from moneys in the Treasury not otherwise appropriated, to be immediately available to defray the expenses of said Commission. Approved March 1, 1893. APPENDIX A A A. OCCUPANCY OF AND INJURY TO PUBLIC WORKS BY CORPORATIONS AND INDIVIDUALS. [Reported under section 2, river and harbor act of 1884, and section 4, river and harbor act of 1886.] 1. Report of Col. Wm. P. Craighill, | 3. Corps of Engineers. 2. Report of Capt. O. M. Carter, Corps 4. of Engineers. Report of Col. O. M. Poe, Corps of Report of Capt. T. W. Symons, Corps (1) REPORT OF COL. WM. P. CRAIGHILL, CORPS OF ENGINEERS. UNITED STATES ENGINEER OFFICE, Baltimore, Md., July 3, 1894. GENERAL: In compliance with the requirements of General Orders 6 and 7, series of 1887, and 9 of 1888, from headquarters Corps of Engineers, I have the honor to report, concerning the rivers and harbors in my charge, that no additional information on the subject of those orders has been received by me since the last annual report, except as shown by the following statements: Unknown persons removed pieces of the wales from some of the wing dams on the James River, probably for firewood. On the Great Kanawha River there has been more or less trouble at the movable dams with drift from booms and from cutting brush, etc., on the banks, but there appear to have been no material or flagrant violations of the law in this respect. The sawmills, so far as this office is informed, have either been burning their slabs, sawdust, etc., or putting it where it is not liable to be washed into the streams. The Winifrede Coal Company and some parties at Charleston (the latter were not thoroughly identified) made some trouble at one time during the year by throwing heavy refuse in the river when repairing boats and barges. This was promptly stopped when notification was given about it. In regard to the old mill dams on Elk River, no legal action has been taken toward their removal. Gen. C. C. Watts, district attorney for the State of West Virginia, has lately stated that while it is thought an indictment against the owners of these dams could not be maintained, he is of the opinion that the United States has the right to summarily remove the dams as obstructions to navigation. He also said that in a recent conversation with the Attorney General at Washington the lat ter expressed himself as of the same opinion in regard to the power of the Government to remove these old dams. General Watts intends to write to the Attorney-General soon to ask for a formal opinion in regard to the matter. Complaints about these dams continue. Three letters from prominent lumber men on Elk have been received recently complaining about the serious obstruction to the running of rafts and bateaux made by these dams-particular stress being laid on the Frametown dam and Ashleys dam. The Elk Island boom at Sutton continues to be the cause of complaint on the part of sawmill men at Charleston, as before reported. (Report of Chief of Engineers for 1892, pp. 3343, 3344.) So far as this office is informed, no legal action has been taken against the company on account of this boom during the year. This same company has built a temporary dam about 8 feet high clear across the river just below the boom for the purpose of floating logs out of the boom. This temporary dam is the cause of considerable complaint on the part of flatboat men, etc., who are obliged to transfer around it in going to and from Sutton with produce and merchandise. The Elk Island Boom Company was indicted by the grand jury of Braxton County at the last April term on account of such complaint about this temporary dam. Very respectfully, your obedient servant, Brig. Gen. THOMAS L. CASEY, WM. P. CRAIGHILL, Colonel, Corps of Engineers. (2) REPORT OF CAPT. O. M. CARTER, CORPS OF ENGINEERS. UNITED STATES ENGINEER OFFICE, Savannah, Ga., June 30, 1894. GENERAL: I have the honor to report that "no structures or works built or made by the United States in aid of commerce or navigation" within the district under my charge "have been used, occupied or injured by a corporation or individual" during the year, with the following exceptions: 1. The cluster of fender piles and about two pile bents of Dam No. 4, and one of the clusters of fender piles at the end of Dam No. 6, Darien Harbor, Georgia, have been destroyed by an unknown vessel. 2. About 35 feet of the outer end of Jones Island Spur Dam No. 26, Savannah Harbor, Georgia, was destroyed by the British vessel Edenmore. This was reported to the United States district attorney, as required by law, but no action was taken by him. 3. About 24 feet of the outer end of Elba Island Spur Dam No. 7 (including one cluster of piles), Savannah Harbor, Georgia, was destroyed by an unknown vessel. 4. About 70 feet of Barnwell Island Spur Dam No. 3, Savannah Harbor, was destroyed by the British steamship Cynthiana. Some minor injuries to pile training walls have been caused by unknown parties, and small quantities of stone have been removed from the dams at Big Gap and Philbrick Cut, Savannah Harbor, Georgia. Respectfully submitted. Brig. Gen. THOMAS L. CASEY, Chief of Engineers, U. S. A. O. M. CARTER, Captain, Corps of Engineers. (3) REPORT OF COL. O. M. POE, CORPS OF ENGINEERS. UNITED STATES ENGINEER OFFICE, Detroit, Mich., July 10, 1894. GENERAL: In accordance with section 4 of the river and harbor act of August 5, 1886, and General Orders No. 9, Headquarters, Corps of Engineers, June 26, 1888, I have the honor to report the following cases where "piers, breakwaters, etc.," under my charge "have been used, occupied, or injured by a corporation or individual" during the fiscal year ending June 30, 1894. LANDS OCCUPIED BY U. S. LIGHT-HOUSE ESTABLISHMENT. The United States Light-House Establishment occupies as site for light-keeper's dwelling a portion of the St. Marys Falls Canal grounds, 100 feet by 200 feet, extending from the south bank of the canal to Canal street, in the city of Sault Ste. Marie, Mich., and just west of the principal meridian of Michigan, the authority for this occupation being a letter of Secretary of War William C. Endicott, dated March 25, 1885, and being terminable at pleasure of the War Department; also, the extreme end of the northwest pier by a light-house, and a portion of the northwest pier by a range light; authority by act of Congress dated March 3, 1879. The United States Light-House Establishment also occupies the lower and upper ends of the west pier of the St. Clair Flats Ship Canal by light-houses; authority by acts of Congress dated July 28, 1866, and March 3, 1871. OCCUPANCY OF PUBLIC LANDS, ETC., BELONGING TO THE RESERVATION OF ST. MARYS FALLS CANAL, MICHIGAN. During the fiscal year ending June 30, 1894, the reservation has been occupied, as reported in my Annual Report for 1893, printed on p. 4271 et seq., of the Annual Report of the Chief of Engineers for 1893. The following new case of occupancy has occurred: By the Edison Sault Electric Company, widening tail race now in use by company. The arthority for this action is a "revocable license" to the Edison Sault Electric Company. granted by acting Secretary of War L. A. Grant, on July 6, 1893. INJURIES TO PIERS, ETC., OF ST. MARYS FALLS CANAL, MICHIGAN. On August 3, 1893, the schooner Moravia ran into south pier, doing $38.83 damage. On August 7, 1893, the propeller Athabasca ran into lock wall (lock 1881), doing $25.50 damage. On October 16, 1893, the steamer Tampa ran into south pier of canal, doing $17.42 damage. On May 19, 1894, the steamer Andaste ran into pier in front of the movable dam of the canal, doing $89.60 damage. INJURIES TO PIERS, ETC., OF ST. CLAIR FLATS CANAL, MICHIGAN. On August 19, 1893, the steamer Marina ran into west dike of canal, doing $112.18 damage. On August 27, 1893, the steamer C. F. Beilman ran into east pier of canal, doing $121.38 damage. Very respectfully, your obedient servant, O. M. POE, |