Return of per

mits. Ibid.

Penalty.

Disposal of matter dredged. Sec. 4, June 29,

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 manufacturing works for the purpose of discovering the disposition 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. Ibid.

1140. Every person who, directly or indirectly, gives any sum of money or other bribe, present, or reward, or makes any 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, conviction thereof, be fined not less than five hundred dollars nor more than one thousand dollars, and be imprisoned not less than six months nor more than one year. Ibid.

, on

1141. 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 supervisor 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 violating the provisions of this section shall be liable to a fine of not more than five hundred dollars nor less than one hundred dollars. Ibid.

1142. All mud, dirt, sand, dredgings, and material of 1888, v. 25, p. 210. every kind and description whatever taken, dredged, or excavated from any slip, basin, or shoal in the harbor of New York, or the waters adjacent or tributary thereto, and placed on any boat, scow, or vessel for the purpose of being taken or towed upon the waters of the harbor of New York to a place of deposit, shall be deposited and discharged at such place or within such limits as shall be defined and specified by the supervisor of the harbor, as in the third section of this act prescribed, and not otherwise. Every person, firm, or corporation being the owner of any slip, basin, or shoal, from which such mud, dirt, sand, dredgings, and material shall be taken, dredged, or excavated, and

every person, firm, or corporation in any manner engaged in the work of dredging or excavating any such slip, basin, or shoal, or of removing such mud, dirt, sand, or dredgings therefrom, shall severally be responsible for the deposit and discharge of all such mud, dirt, sand, or dredgings at such place or within such limits so defined and prescribed by said supervisor of the harbor; and for every violation of the provisions of this section the person offending shall be guilty of an offense against this act, and shall be punished by a fine equal to the sum of five dollars for every cubic yard of mud, dirt, sand, dredgings, or material not deposited or discharged as required by this section. Any boat or vessel used or employed in violating any provision of this act shall be liable to the pecuniary penalties imposed thereby, and may be proceeded against summarily by way of libel in any district court of the United States having jurisdiction thereof. Sec. 4, act of June 29, 1888, (25 Stat. L., 210).

Supervisor of

Sec. 5, ibid.

1143. A line officer of the Navy shall be designated by the harbor. the President of the United States as supervisor of the harbor, to act under the direction of the Secretary of War in enforcing the provisions of this act, and in detecting offenders against the same. This officer shall receive the sea pay of his grade, and shall have personal charge and supervision under the Secretary of War, and shall direct the patrol boats and other means to detect and bring to punishment offenders against the provisions of this act. Sec. 5, ibid.

1144. It shall be unlawful for any person or persons to engage in fishing or dredging for shell fish in any of the channels leading to and from the harbor of New York, or to interfere in any way with the safe navigation of those channels by ocean steamships and ships of deep draft.

in

Fishing, etc.,

ship channeis Sec. 2, Aug. 17,

forbidden.

1894, v. 28, p. 360.

Penalties.

1145. Any person or persons violating the foregoing bid. provisions of 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

1 Where ashes are dumped, in an unlawful place, from the deck of an ocean steamer by her firemen, presumably acting under orders from some superior officer of the steamer, the steamer at the time being engaged in performing a freighting voyage to sea, and the dumping of ashes accumulated at her furnace being a necessary incident of her navigation, the statute takes effect and renders the steamer liable as having herself violated the law. The Bombay, 46 Fed. Rep., 665. See also case of the Anjer Head, 46 Fed. Rep., 664. See also Dig. Opin. J. A. G., par. 1787; and XX Opin. Att. Gen., 293.

Arrests.

Process.

nor less than thirty days, either or both united, as the judge before whom conviction is obtained shall decide. Ibid.

1146. 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: Provided, That no person shall be arrested 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 Proceedings. further, That whenever any such arrest is made the person or persons so arrested shall be brought forthwith 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. 2, act of August 17, 1894 (28 Stat.

L., 360).

HARBOR REGULATIONS FOR THE DISTRICT OF COLUMBIA.

Par.

1147. District Commissioners to prepare

regulations.

1148. Unlawful deposits forbidden.

Harbor regulations for the District of Columbia. May 19, 1896, v. 29, p. 126.

Unlawful

deposits forbidden. Sec. 2, ibid.

Par.

1149. Penalty.

1150. Limitation.

1147. It shall be unlawful for any owner or occupant of

any wharf or dock, any master or captain of any vessel, or any person or persons to cast, throw, drop, or deposit any ballast, dirt, oyster shells, or ashes in the water in any part of the Potomac River or its tributaries in the District of Columbia, or on the shores of said river below high-water mark, unless for the purpose of making a wharf, after permission has been obtained from the Commissioners of the District of Columbia for that purpose, which wharf shall be sufficiently inclosed and secured so as to prevent injury to navigation. Act of May 19, 1896 (29 Stat. L., 126).

1148. It shall be unlawful for any owner or occupant of any wharf or dock, any captain or master of any vessel, or any other person or persons to cast, throw, deposit, or drop in any dock or in the waters of the Potomac River or its tributaries in the District of Columbia any dead fish, fish offal, dead animals of any kind, condemned oysters in the

shell, watermelons, cantaloupes, vegetables, fruits, shavings, hay, straw, ice, snow, filth, or trash of any kind. whatsoever. Sec. 2, ibid.

Penalty.

1149. Any person or persons violating any of the pro- sec. 3, ibid. visions 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. Sec. 3, ibid.

Limitation.

1150. Nothing in this act contained shall be construed Sec. 1, ibid. to interfere with the work of improvement in or along the said river and harbor, under the supervision of the United States Government. Sec. 4, ibid.

HISTORICAL NOTE.-Legislative provision for the services of engineer officers with the Revolutionary armies was made at a relatively early stage in the progress of the war by a resolution of Congress of June 16, 1775, which authorized the employment of engineer officers at the headquarters of the Army and in the several departiments. Col. R. Gridley was appointed Chief Engineer by General Washington, and his services were recognized and continued in that capacity by a resolution of Congress dated January 16, 1776. The difficulty of obtaining trained engineers in the Continental establishment made it necessary to secure such services abroad, and the action of the American commissioners in Paris, in employing several members of the French corps of engineers, was approved by Congress in a resolution dated July 8, 1777. A corps of engineers was subsequently established by the resolution of March 11, 1779, and M. Duportail, an officer of the Royal Engineers of France, was placed at its head, with the rank of brigadier-general. This corps continued in service until the close of the war, not having been disbanded until November, 1783.

A Corps of Artillerists and Engineers was established by the act of May 9, 1784 (1 Stat. L., 366). This organization was required to be “completed" by the act of March 3, 1795 (ibid., 430), and an additional regiment of artillerists and engineers was added to the establishment by the act of April 27, 1798 (ibid., 552). The seventeenth and eighteenth sections of the act of March 3, 1799 (ibid., 755), passed in contemplation of war with France, authorized the appointment of two engineers "distinct from the corps of artillerists and engineers," with the rank and pay of lieutenantcolonels, and conferred power upon the President, in his discretion, to appoint an inspector of fortifications, who was to have the rank of major and was to be selected from the artillerists and engineers, or from civil life. If he was appointed from the existing corps he was to retain his office and was to rise "therein in the same manner as if he had never been appointed to the said office of inspector."

The functions of the artillerists and engineers were dissociated by the act of March 6, 1802 (2 ibid., 132), which created a regiment of artillery and authorized the President to organize and establish a Corps of Engineers to consist of one major, two captains, two first lieutenants, two second lieutenants, and ten cadets; provision was made in the same enactment for the gradual expansion of the corps by a clause conferring authority upon the President to make promotions "without regard to rank" until the corps should consist of one colonel, one lieutenant-colonel, two majors, four captains, four first lieutenants, and four second lieutenants. By the act of April 29, 1812 (2 ibid., 720), two captains, two first lieutenants, two second lieutenants, "to be taken from the subaltern officer of engineers," and one paymaster and a company of bombardiers, sappers, and miners were added to the existing establishment. The composition of this corps was not changed by the acts of March 3, 1815 (3 ibid., 224), and April 4, 1818 (ibid., 426), for the reduction and reorganization of the staff, nor was its organization modified at the general reduction of March 2, 1821 (ibid., 615).

By section 2 of the act of July 5, 1838 (5 Stat. L., 256), a Corps of Topographical Engineers was established, and the President was authorized to increase the Corps of Engineers by the addition of one lieutenant-colonel, two majors, six captains, six first lieutenants, and six second lieutenants, and the pay of engineer officers was fixed at

the rates established by law for officers of dragoons. By section 3 of the act of July 5, 1838, the paymaster authorized by the act of April 12, 1808, was transferred to the Pay Department. A second company of engineer soldiers was added to the corps by section 4 of the act of May 15 1846 (9 ibid., 12). By the act of March 3, 1851 (ibid., 62), the President was authorized to employ officers of engineers on lighthouse duty, and by section 8 of the act of August 31, 1852 (10 ibid., 119), officers of the corps were required to be attached to the Light-House Board as member and engineer secretary, respectively. By section 9 of the act of March 3, 1853 (ibid., 119), lieutenants of engineers, after fourteen years' continuous service, were to be entitled to the pay and allowances of captains. By section 3 of the act of August 5, 1861 (12 ibid., 287), three first lieutenants and three second lieutenants were added, and the organization of three additional companies of engineer soldiers was authorized by the act of August 6, 1861 (ibid., 317); two lieutenant-colonels and four majors were added to the strength of the corps, "by regular promotion." The Corps of Topographical Engineers was discontinued by the act of March 3, 1863 (ibid., 743), and its officers were merged in the Corps of Engineers. Examinations were also required, in all grades below that of field officer, as a condition precedent to promotion. The composition of the corps was fixed, by the same enactment, at one brigadier-general, four colonels, ten lieutenant-colonels, twenty majors, thirty captains, thirty first lieutenants, and ten second lieutenants. By section 19 of the act of July 28, 1866 (4 ibid., 333), the strength of the corps was fixed at one brigadier-general, six colonels, twelve lieutenant-colonels, twenty-four majors, thirty captains, twenty-six first lieutenants, and ten second lieutenants. By section 6, of the act of March 3, 1869 (15 ibid., 318), appointments and promotions in the several departments of the staff were suspended until otherwise directed by Congress. This requirement was removed, however, as to all officers below the grade of brigadier-general by the act of June 10, 1872 (17 ibid., 382), and repealed as to the Chief of Engineers by the act of June 30, 1879 (21 ibid., 45). By the act of July 5, 1898 (30 ibid., 652), the strength of the Corps of Engineers was fixed at one brigadier-general, seven colonels, fourteen lieutenant colonels, twenty-eight majors, thirty-five captains, thirty first lieutenants, and twelve second lieutenants.

By section 22 of the act of February 2, 1901 (31 Stat. L., 754), the permanent strength of the department was fixed at one Chief of Engineers with the rank of brigadiergeneral, seven colonels, fourteen lieutenant-colonels, twenty-eight majors, forty captains, forty first lieutenants, and thirty second lieutenants. The enlisted force was also increased by the addition of two battalions of engineer troops. It was also provided that the troops of the three engineer battalions and the officers of Engineers assigned to duty therewith should constitute a part of the line of the Army.

THE CORPS OF TOPOGRAPHICAL ENGINEERS.

The act of March 3, 1813 (2 Stat. L., 819), authorized the appointment of eight topographical engineers with the rank of major of cavalry and eight assistants with the rank of captain of infantry; but this force was reduced to two majors by the act of March 3, 1815 (ibid., 224). By the act of April 24, 1816 (ibid., 297), three majors and two assistants with the rank of captain were authorized for each division of the Army. On July 2, 1818, these officers were merged, by general orders, in the Corps of Engineers. In August, 1818, a topographical bureau was established in the War Department, the duties of the bureau being performed by officers detailed from the line. By the act of April 30, 1824 (4 ibid., 22), civil assistants were authorized to be employed, and on June 21, 1831, the Topographical Bureau was formally constituted, in general orders, as a separate office of the War Department.

The Corps of Topographical Engineers eo nomine was established by section 4 of the act of July 5, 1838 (5 Stat. L., 256), to consist of one colonel, one lieutenantcolonel, four majors, ten captains, ten first lieutenants, and ten second lieutenants, who were to be appointed by selection from the Corps of Engineers, from the line of the Army, and from the civil engineers authorized by the act of April 30, 1824. The corps as thus constituted was increased by section 2 of the act of August 5, 1861 (12 ibid., 287), by the addition of three first lieutenants and three second lieutenants, and, by the act of August 6, 1861 (ibid., 317), by the addition of two lieutenantcolonels, four majors, and one company of engineer soldiers. The corps was discontinued by the act of March 3, 1863 (9 Stat. L., 743), its officers being merged in the Corps of Engineers.