§ 9953. (Act March 2, 1895, c. 172, § 2.) Performance of duties. of harbor master by pilot of police boat; violation of instructions; penalty. The powers and authority herein conferred upon the harbor master may, in his absence or temporary disability, be exercised by the pilot of the harbor police boat. Any person refusing to obey the instructions of the harbor master, or, in case of his absence or temporary disability, the said pilot of the harbor police boat, or any person failing to comply with any of the provisions of this Act, shall be deemed guilty of a misdemeanor, and on conviction thereof in the police court of the District of Columbia shall be punished by a fine not exceeding one hundred dollars, or by imprisonment not exceeding six months, or by both such punishments, in the discretion of the court. (28 Stat. 740.) § 9954. (Act March 6, 1906, c. 1874, § 1.) of vessels, etc., in revenue cutters. 1896, c. 49, § 1, as amended, Act April 26, Regulations of movements and anchorage Saint Marys River, authorized; detail of That the Secretary of Commerce [and Labor] be, and he hereby is, authorized and directed to adopt and prescribe suitable rules and regulations governing the movements and anchorage of vessels and rafts in Saint Marys River from Point Iroquois, on Lake Superior, to Point Detour, on Lake Huron, and for the purpose of enforcing the observance of such regulations the Secretary of the Treasury is hereby authorized to detail one or more revenue cutters for duty upon the request of the Secretary of Commerce [and Labor] on said river. (29 Stat. 54. 34 Stat. 136.) This section and the two sections next following were an act entitled "An Act relating to the anchorage and movements of vessels in Saint Marys River." This section, as originally enacted, was as follows: "That the Secretary of the Treasury be, and he hereby is, authorized and directed to adopt and prescribe suitable rules and regulations governing the movements and anchorage of vessels and rafts in Saint Marys River, from Point Iroquois, on Lake Superior, to Point Detour, on Lake Huron, and for the purpose of enforcing the observance of such regulations the said Secretary is hereby authorized to detail one or more revenue cutters for duty on said river." It was amended by Act April 26, 1906, c. 1874, § 1, cited above, to read as set forth here. The words "and Labor," inclosed in brackets in this section, were superseded by the creation of the Department of Labor and the change of the designations of the Department of Commerce and Labor, and of the Secretary thereof, to the Department of Commerce and the Secretary of Commerce, by Act March 4, 1913, c. 141, § 1, ante, § 932. § 9955. (Act March 6, 1896, c. 49, § 2.) Duties and powers of officers of Revenue-Cutter Service. All officers of the Revenue-Cutter Service who are directed to enforce the regulations prescribed by the above rules are hereby empowered and directed, in case of necessity, or when a proper notice has been disregarded, to use the force at their command to remove from channels or stop any vessel found violating the prescribed rules. (29 Stat. 55.) See notes to preceding section. § 9956. (Act March 6, 1896, c. 49, § 3, as amended, Act April 26, 1906, c. 1874, § 2.) Violation of rules; penalty. In the event of the violation of any such regulations or rules of the Secretary of Commerce [and Labor] by the owners, master, or person in charge of such vessel, such owners, masters, or person in charge shall be liable to a penalty not exceeding two hundred dollars: Provided, That the Secretary of Commerce [and Labor] may remit said fine on such terms as he may prescribe: Provided also, That nothing in this Act shall be construed to amend or repeal the Act entitled "An Act to regulate navigation on the Great Lakes and their connecting and tributary waters as far east as Montreal," approved February eighth, eighteen hundred and ninety-five. (29 Stat. 55. 34 Stat. 136.) This section, as originally enacted, was as follows: "In the event of the violation of any such regulations or rules of the Secretary of the Treasury by the owners, master, or person in charge of such yessel, such owners, master, or person in charge shall be liable to a penalty of two hundred dollars, and the vessel, its tackle, apparel, furniture, and cargo, at any time used or employed in violation of such regulations, shall be forfeited to the United States: Provided, That the Secretary of the Treasury may remit said fine or release said vessel on such terms as he may prescribe: Provided also, That nothing in this Act shall be construed to amend or repeal the Act entitled 'An Act to regulate navigation on the Great Lakes and connecting tributary waters as far east as Montreal.'" It was amended by Act April 26, 1906, c. 1874, § 2, cited above, to read as set forth here. The words "and Labor," inclosed in brackets in this section, were superseded by the creation of the Department of Labor and the change of the designations of the Department of Commerce and Labor, and of the Secretary thereof, to the Department of Commerce and the Secretary of Commerce, by Act March 4, 1913, c. 141, § 1, ante, § 932. Act Feb. 8, 1895, c. 64, mentioned in this section, establishing rules for preventing collisions on the Great Lakes and their connecting and tributary waters as far east as Montreal, is set forth ante, §§ 7910–7941. § 9957. (Act June 6, 1900, c. 819, § 1.) Establishing and regulating anchorage grounds in Kennebec River authorized. The [Secretary of the Treasury] is authorized, empowered, and directed to define and establish an anchorage ground for vessels in Kennebec River at or near Bath, Maine, to adopt suitable rules and regulations in relation thereto, and to take all necessary measures for the proper enforcement of such rules and regulations. (31 Stat. 682.) This section and the section next following were part of an act entitled "An act relating to the anchorage of vessels in the Kennebec River at or near Bath, Maine." Section 3 of the act provided that the act should take effect immediately. The words "Secretary of the Treasury," inclosed in brackets in this section and the section next following, were superseded by the creation of the Department of Commerce, with a Secretary of Commerce as the head thereof, and the transfer of the duties and powers imposed by this section on the Secretary of the Treasury to the Secretary of Commerce, by Act Feb. 14, 1903, c. 552, §§ 4, 10, ante, §§ 857, 859. COMP.ST.'13-287 (4577) § 9958. (Act June 6, 1900, c. 819, § 2.) Violation of rules; penalty. In the event of the violation of any such rules or regulations by the owner, master, or person in charge of any vessel, such owner, master, or person in charge of such vessel shall be liable to a penalty of one hundred dollars; and the said vessel may be holden for the payment of such penalty, and may be seized and proceeded against summarily by libel for the recovery of the same in any United States district court for the district within which said vessel may be, and in the name of the officer designated by the [Secretary of the Treasury]. (31 Stat. 682.) See notes to preceding section. § 9959. (Act Aug. 22, 1912, c. 335, § 1.) Regulations of Pearl Harbor, Territory of Hawaii. For the proper control, protection, and defense of the naval station, harbor, and entrance channel at Pearl Harbor, Territory of Hawaii, the Secretary of the Navy is hereby authorized, empowered, and directed to adopt and prescribe suitable rules and regulations governing the navigation, movement, and anchorage of vessels of whatsoever character in the waters of Pearl Harbor, island of Oahu, Hawaiian Islands, and in the entrance channel to said harbor, and to take all necessary measures for the proper enforcement of such rules and regulations. (37 Stat. 341.) This was a provision of the naval appropriation act for the fiscal year 1913, cited above. Sec. CHAPTER E Bridges over Navigable Waters This chapter includes provisions regulating the construction, maintenance, and operation of bridges over navigable waters, principally the General Bridge Act of March 23, 1906, c. 1130, with previous provisions relating to the subject which may remain in force. 9960. Maquoketa River. 9961. Bridges over navigable waters not to be built until plans, etc., ap- 9962. Bridges built in accordance with 9963. Privileges as to use of railroad bridges by other railroad companies; compensation therefor. 9964. Obstructions to navigation by bridges; alterations and removal of obstructions; lights and other signals; draws; tolls. Sec. 9965. Failure to comply with orders un- 9966. Limit of time for commencement 9969. Obstruction to navigation by 9970. Obstruction to navigation by bridges; notice to alter; penal Sec. ty on failure to alter; appeal to 9971. Construction of bridges, etc., over 9972. Construction of bridges over Illinois and Mississippi Canal; approval of plans; right of way, etc. Sec. 9973. Regulations for drawbridges over navigable waters; violation of rules; penalty. 9974. Expenses of investigations, etc., by Engineer Department; funds from which to be paid. 9975. Deflection of currents by piers, etc.; complaints; investigations; liability. § 9960. (R. S. § 5250.) Maquoketa River. The assent of Congress is given to the construction of bridges across the Maquoketa River, within the State of Iowa, with or without draws, as may be provided by the laws of that State. Res. July 13, 1868, No. 55, § 1, 15 Stat. 257. Authority to construct bridges over a part of the Iowa River was granted by R. S. § 5248, and by Act Aug. 18, 1894, c. 299, § 1, ante, §§ 9840, 9841. General provisions regulating the construction of bridges over navigable waters were made by the Bridge Act of March 23, 1906, c. 1130, post, §§ 99619968. § 9961. (Act March 23, 1906, c. 1130, § 1.) Bridges over navigable waters not to be built until plans, etc., approved; plans not to be deviated from unless modification approved. When, hereafter, authority is granted by Congress to any persons to construct and maintain a bridge across or over any of the navigable waters of the United States, such bridge shall not be built or commenced until the plans and specifications for its construction, together with such drawings of the proposed construction and such map of the proposed location as may be required for a full understanding of the subject, have been submitted to the Secretary of War and Chief of Engineers for their approval, nor until they shall have approved such plans and specifications and the location of such bridge and accessory works; and when the plans for any bridge to be constructed under the provisions of this Act have been approved by the Chief of Engineers and by the Secretary of War it shall not be lawful to deviate from such plans, either before or after completion of the structure, unless the modification of such plans has previously been submitted to and received the approval of the Chief of Engineers and of the Secretary of War. (34 Stat. 84.) This section and the seven sections next following were the Bridge Act of March 23, 1906, c. 1130, entitled "An act to regulate the construction of bridges over navigable waters." Provisions previous to this act, requiring the consent of Congress and the approval of plans, etc., before construction of bridges over navigable waters, were made by Act March 3, 1899, c. 425, § 9, post, § 9971. Provisions previous to this act, relating to bridges as obstructions to navigation, for the construction of aids to the passage of draw-openings, etc., and for the alteration of such bridges to render navigation free, etc., were made by Act July 5, 1889, c. 229, § 8, and Act March 3, 1899, c. 425, § 18, post, 88 9969, 9970. § 9962. (Act March 23, 1906, c. 1130, § 2.) Bridges built in accordance with act to be lawful structures and post routes; privileges, as to use thereof, of United States, and of telegraph and telephone companies. Any bridge built in accordance with the provisions of this Act shall be a lawful structure and shall be recognized and known as a post route, upon which no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for the transportation over any railroad, street railway, or public highway leading to said bridge; and the United States shall have the right to construct, maintain, and repair, without any charge therefor, telegraph and telephone lines across and upon said bridge and its approaches; and equal privileges in the use of said bridge and its approaches shall be granted to all telegraph and telephone companies. (34 Stat. 85.) § 9963. (Act March 23, 1906, c. 1130, § 3.) Privileges as to use of railroad bridges by other railroad companies; compensation therefor. All railroad companies desiring the use of any railroad bridge built in accordance with the provisions of this Act shall be entitled to equal rights and privileges relative to the passage of railway trains or cars over the same and over the approaches thereto upon payment of a reasonable compensation for such use; and in case of any disagreement between the parties in regard to the terms of such use or the sums to be paid all matters at issue shall be determined by the Secretary of War upon hearing the allegations and proofs submitted to him. (34 Stat. 85.) § 9964. (Act March 23, 1906, c. 1130, § 4.) Obstructions to navigation by bridges; alterations and removal of obstructions; lights and other signals; draws; tolls. No bridge erected or maintained under the provisions of this Act shall at any time unreasonably obstruct the free navigation of the waters over which it is constructed, and if any bridge erected in accordance with the provisions of this Act shall, in the opinion of the Secretary of War, at any time unreasonably obstruct such navigation, either on account of insufficient height, width of span, or otherwise, or if there be difficulty in passing the draw opening or the drawspan of such bridge by rafts, steamboats, or other water craft, it shall be the duty of the Secretary of War, after giving the parties interested reasonable opportunity to be heard, to notify the persons owning or controlling such bridge to so alter the same as to render navigation through or under it reasonably free, easy, and unobstructed, stating in such notice the changes required to be made, and prescribing in each case a reasonable time in which to make such changes, and if at the end of the time so specified the changes so required have not been made, the persons owning or controlling such bridge shall be deemed guilty of a violation of this Act; and all such alterations shall be made and all such obstructions shall be removed at the expense of the persons owning or operating said bridge. The persons owning or operating any |