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be located, constructed, and equipped for the passage of eight boats of six hundred tons each in each direction in twelve hours, on the south side of the Columbia River, substantially in accordance with the location and plans submitted by the board of engineers, appointed by the
President in pursuance of the provision of the Act of Vol. 27, p. 109. Congress approved July thirteenth, eighteen hundred and
ninety-two, and entitled "An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes," with their report, which is contained in Senate
Executive Document Numbered Seven, Fifty-third ConRight of way,
gress, first session, one hundred thousand dollars: Proetc., to be se vided, That the Secretary of War is hereby authorized
and directed to proceed to acquire without unnecessary delay by purchase or condemnation, in the manner and according to the conditions now prescribed by law, the necessary right of way for said boat railway and the right to the use of lands required for terminal and other facilities for said boat railway, and to expend so much of the amount hereby appropriated as may be necessary for
that purpose. Lower Wil
Improving Lower Willamette River in front of and below lametto and Columbia rivers, Portland, Oregon, and Columbia River below the WillamOreg. and Wash. ette River in Oregon and Washington: Continuing
improvement, fifty thousand dollars. Willamette River, Oreg.
Improviug Willamette River above Portland, Oregon: Continuing improvement, twenty-three thousand dollars, of which eight thousand dollars, or so much thereof as may be necessary, shall be used at Corvallis, and two thousand dollars may, in the discretion of the Secretary of War, be used in the removal of obstructions in Yam Hill
River up to McMinnville. Coquille Riv.
Improving Coquille River, Oregon: Continuing improveer, Oreg.
ment, twenty thousand dollars. Upper Co. quille River,
Improving Upper Coquille River, between Coquille City Oreg. and Myrtle Point, Oregon: Continuing improvement, five
thousand dollars. Siuslaw River, Improving the mouth of Siuslaw River: Continuing Oreg.
improvement, twenty-five thousand dollars. Gauging Co. lumbia River.
For gauging waters of the Columbia River, measuring
tidal and river volumes, one thousand dollars. Upper Snake
Improving Upper Snake River, Idaho, between Seven Rivor, Idaho.
Devils mining district and Huntington bridge, twenty-five
thousand dollars. Cowlitz River, Improving Cowlitz River, Washington: Continuing imWash.
provement, three thousand dollars. Puget Sound, " Improving Puget Sound and its tributary waters, Wash
ington: Continuing improvement, fourteen thousand dollars, which, together with the unexpended balance, may, in the discretion of the Secretary of War, or so much thereof
as shall be necessary, be used for repairs to snag boat. Slough, Wash.
Improving Swinomish Slough, Washington: Continuing improvement in accordance with existing plan, twenty-five
thousand dollars. Willapa River Improving Willapa River and Harbor, Washington: For Wash.
completion, thirteen thousand three hundred and fifty dollars: Provided, That in the discretion of the Secretary of Proviso: War two thousand five hundred dollars of the amount structions, hereby appropriated for said river and harbor may be used in removing obstructions in North River.
For dredging Salmon Bay, and the improvement of the Waterway, waterway connecting the waters of Puget Sound, at Salmon Takes Tnion and Bay, with lakes Union and Washington by enlarging the Washington. said waterway into a ship canal, with the necessary locks and appliances in connection therewith, twenty-five thousand dollars: Prorided, That no part of said amount shall proviso be expended on the improvement of the waterway connect- be secured free. ing the waters of Puget Sound with lakes Union and Washington until the entire right of way and a release from all liability to adjacent property owners have been secured to the United States free of cost and to the satisfaction of the Secretary of War.
For dredging Everett Harbor, including mouth of Snoho- Everett, Wash. mish River, and Snohomish River from mouth to Lowell, in the State of Washington, the sum of ten thousand dollars.
SEC. 2. It shall be unlawful for any person or persons to New engage in fishing or dredging for shell fish in any of the Fishing, etc., in channels leading to and from the harbor of New York, or ship channels to interfere in any way with the safe navigation of those channels by ocean steamships and ships of deep draft.
Any person or persons violating the foregoing provisions Penalty for vioof this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine or imprisonment, or both, such fine to be not more than two hundred and fifty dollars nor less than fifty dollars, and the imprisonment to be not more than six months nor less than thirty days, either or both united, as the judge before whom conviction is obtained shall decide.
It shall be the duty of the United States supervisor of the harbor to enforce this Act, and the deputy inspectors of the said supervisor shall have authority to arrest and take into custody, with or without process, any person or persons who may commit any of the acts or offenses prohibited by this Act: Prorided, That no person shall be arrested Provisos. without process for any offense not committed in the presence of the supervisor or his inspector or deputy inspectors, or either of them: And provided further, that whenever any such arrest is made the person or persons so arrested
Proceedings. shall be brought forth with before a commissioner, judge, or court of the United States for examination of the offenses alleged against him; and such commissioner, judge or court shall proceed in respect thereto as authorized by law in case of crimes against the United States.
SEC. 3. That section three of the “Act to prevent obstruct- COW ive and injurious deposits within the harbor and adjacent Law prohibitwaters of New York City, by dumping or otherwise, and to ing injurious depunish and prevent such 'offenses, approved June twenty. Vol. 25, p. 209. ninth, eighteen hundred and eighty-eight, shall be, and hereby is, amended so as to read as follows:
“SEC. 3. That in all cases of receiving on board of any Supervisor to scows or boats such forbidden matter or substance as herein of deposit.
described, the owner or master, or person acting in such capacity on board of such scows or boats, before proceeding to take or tow the same to the place of deposit, shall apply
for and obtain from the supervisor of the harbor appointed Permits.
hereunder a permit defining the precise limits within which the discharge of such scows or boats may be made; and it shall not be lawful for the owner or master, or person acting in such capacity, of any tug on towboat to tow or move any scow or boat so loaded with such forbidden matter until such permit shall have been obtained; and every person violating the foregoing provisions of this section
shall be deemed guilty of a misdemeanor, and on conviction Penalty for thereof shall
be punished by a fine of not more than one violating.
thousand nor less than five hundred dollars, and in addition thereto the master of any tug or towboat so offending shall have his license revoked, or suspended for a term to
be fixed by the judge before whom tried and convicted. Penalty for "And any deviation from such dumping or discharging discharging at other places.
place specified in such permit shall be a misdemeanor, and the owner and master, or person acting in the capacity of master, of any scows or boats dumping or discharging such forbidden matter in any place other than that specified in such permit shall be liable to punishment therefor as pro
vided in section one of the said Act of June twenty-ninth, Persons liable. eighteen hundred and eighty-eight; and the owner and
master, or person acting in the capacity of master, of any tug or towboat towing such scows or boats shall be liable to equal punishment with the owner and master, or person acting in the cåpacity of master, of the scows or boats; and, further, every scowman or otlier employee on board of both scows and towboats shall be deemed to have knowl. edge of the place of dumping specified in such permit, and the owners and masters, or persons acting in the capacity of masters, shall be liable to punishment, as aforesaid, for any unlawful dumping, within the meaning of this Act or of the said Act of June twenty-ninth, eighteen hundred and eighty-eight, which may be caused by the negligence or ignorance of such scowman or other employee; and, further, neither defect in machinery nor avoidable accidents to scows or towboats, nor unfavorable weather, nor improper handling or moving of scows or boats of any kind whatsoever, shall operate to release the owners and masters and employees of scows and towboats from the pen
alties herein before mentioned." Boats to have
Every scow or boat engaged in the transportation of name, etc., paint
dredgings, earth, sand, mud, cellar dirt, garbage, or other offensive material of any description shall have its name or number and owner's name painted in letters and numbers at least fourteen inches long on both sides of the scow or boat; these names and numbers shall be kept distinctly legible at all times, and no scow or boat not so marked shall be used to transport or dump any such
material. Appointment The supervisor of the harbor of New York, designated of Vol. 25, p. 210. as provided in section five of the said Act of June twenty.
ninth, eighteen hundred and eighty-eight, is authorized
and directed to appoint inspectors and deputy inspectors, and, for the purpose of enforcing the provisions of this Act and of the Act aforesaid, and of detecting and bringing to punishment offenders against the same, the said supervisor of the harbor and the inspectors and deputy inspectors so appointed by him, shall have power and authority:
First. To arrest and take into custody, with or without Duties. process, any person or persons who may commit any of the acts or offenses prohibited by this section and by the act of June twenty-ninth, eighteen hundred and eightyeight, aforesaid, or who may violate any of the provisions of the same: Provided, That no person shall be arrested Provisos. without process for any offense not committed in the presence of the supervisor or his inspectors or deputy inspectors, or either of them: And provided further, That when Custody of ofever any such arrest is made the person or persons so arrested shall be brought forth with before a commissioner, judge, or court of the United States for examination of the offenses alleged against him; and such commissioner, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States. Second. To go on board of any scow or towboat engaged boats
Seizure of in unlawful dumping of prohibited material, or in moving the same without a permit as required in this section of this Act, and to seize and hold said boats until they are discharged by action of the commissioner, judge, or court of the United States before whom the offending persons are brought.
Third. To arrest and take into custody any witness or Custody of witwitnesses to such unlawful dumping of prohibited material, the said witnesses to be released under proper bonds.
Fourth. To go on board of any towboat having in tow Accompanjong scows or boats loaded with such prohibited material, and accompany the same to the place of dumping, whenever such action appears to be necessary to secure compliance with the requirements of this Act and of the Act aforesaid.
Fifth. To enter gas and oil works and all other manufac- Inspecting gas, turing works for the purpose of discovering the disposition etc., works. made of sludge, acid, or other injurious material, whenever there is good reason to believe that such sludge, acid, or other injurious material is allowed to run into the tidal waters of the harbor in violation of section one of the aforesaid Act of June twenty-ninth, eighteen hundred and eighty-eight.
Every person who, directly or indirectly, gives any sum Penalty for of money or other bribe, present, or reward or makes any
bribing, etc. offer of the same to any inspector, deputy inspector, or other employee of the office of the supervisor of the harbor with intent to influence such inspector, deputy inspector, or other employee to permit or overlook any violation of the provisions of this section or of the said Act of June twenty-ninth, eighteen hundred and eighty-eight, shall, on conviction thereof, be fined not less than five hundred dollars por more than one thousand dollars, and be imprisoned not less than six months nor more than one year.
Return of per. Every permit issued in accordance with the provisions
of this section of this Act which may not be taken up by an inspector or deputy inspector shall be returned within
forty-eight hours after issuance to the office of the superIndorsement. visor of the harbor; such permit shall bear an indorsement
by the master of the towboat, or the person acting in such capacity, stating whether the permit has been used, and
if so the time and place of dumping. Any person violaPenalty.
ting the provisions of this section shall be liable to a fine of not more than five hundred dollars nor less than one
hundred dollars. Use of canals, SEC. 4. That it shall be the duty of the Secretary of War on teid torbsecret to prescribe such rules and regulations for the’use, adminry of War.
istration, and navigation of any or all canals and similar works of navigation that now are, or that hereafter may be, owned, operated, or maintained by the United States
as in his judgment the public necessity may require. Posting rules. Such rules and regulations shall be posted, in conspicu
ous and appropriate places, for the information of the public; and every person and every corporation which shall knowingly and willfully violate such rules and regulations shall be deemed guilty of a misdemeanor and, on conviction thereof in any district court in the United States within whose territorial jurisdiction such offense may have been committed, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment (in the case of a natural person) not exceeding six months, in the discretion
of the court. Drawbridges. SEO. 5. That it shall be the duty of all persons owning, Regulations for use to be pub operating, and tending the drawbridges now built, or which lished. may hereafter be built across the navigable rivers and other
waters of the United States, to open, or cause to be opened, the draws of such bridges under such rules and regulations as in the opinion of the Secretary of War the public interests require to govern the opening of drawbridges for the passage of vessels and other water crafts, and such rules and regulations, when so made and published, shall have the force of law. Every such person who shall will. fully fail or refuse to open, or cause to be opened, the draw of any such bridge for the passage of a boat or boats, or who shall unreasonably delay the opening of said draw after reasonable signal shall have been given, as provided in such regulations, shall be deemed guilty of a misde
meanor, and on conviction thereof shall be punished by a Penalty for vio- fine of not more than two thousand dollars nor less than lations.
one thousand dollars, or by imprisonment in the case of a
natural person) for not exceeding one year, or by both such Provisos. fine and imprisonment, in the discretion of the court: ProProceedings. vided, 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 authorized by law in case of crimes against the United
States: Provided further, That whenever, in the opinion of Secretary of the Secretary of War, the public interests require it, he War may make rules, etc.
may make rules and regulations to govern the opening of drawbridges for the passage of vessels and other water