§ 9857. (Act Aug. 11, 1902, c. 1079, § 9.) er and tributaries; For the purpose of securing the uninterrupted gauging of the waters of the Mississippi River and its tributaries, as provided for in joint resolution of the twenty-first of February, eighteen hundred and seventy-one, upon the application of the Chief of Engineers, the Secretary of War is hereby authorized to draw his warrant or requisition, from time to time, upon the Secretary of the Treasury for such sums as may be necessary to do such work, not to exceed in the aggregate for each year the sum of nine thousand six hundred dollars: Provided, however, That an itemized statement of said expenses shall accompany the annual report of the Chief of Engineers. (25 Stat. 424. 32 Stat. 374.)

1888, c. 860, § 6, as amended, Act June 13, Gauging the waters of the Mississippi Rivlimit of annual expenditures.

This section was part of the rivers and harbors appropriation act for 1888, cited above.

The section, as originally enacted, provided for the gauging of the waters of the Lower Mississippi and tributaries, and limited the cost for each year to the amount appropriated in the act for such purpose. It was amended by Act June 13, 1902, c. 1079, § 9, cited above, to read as set forth here.

Res. Feb. 21, 1871, No. 40, mentioned in this section, was incorporated into Rev. St. § 5252, ante, § 9856.

Provisions for gauging at or near Saint Paul during the annual operation of the reservoirs at the headwaters of the Mississippi River, were made by Act Aug. 11, 1888, c. 860, § 1, post, § 9892.

(R. S. § 5253. Transferred.)

This section authorized the employment of civil engineers on survey and improvements on western and northwestern waters. It is placed, with other provisions for such improvements, post, under chapter B of this Title, "Improvement of Rivers and Harbors," § 9864.

(R. S. § 5254. Transferred.)

This section authorized piers and cribs for protection of saw-mills and rafts on the Mississippi and St. Croix Rivers in Wisconsin and Minnesota. It is placed, with provisions relating to protection of rivers, etc., post, under chap ter C, "Preservation and Protection of Rivers and Harbors and of Improvements," § 9911.

§ 9858. (R. S. § 5255.)

Louisville and Portland Canal.

The Secretary of the Treasury is directed to assume, on behalf of the United States, the control and management of the Louisville and Portland Canal in conformity with the terms of the joint resolution of the legislature of the State of Kentucky, approved March twenty-eight, eighteen hundred and seventy-two, at such time and in such manner as in his judgment the interests of the United States, and the commerce thereof, may require: Provided, That after the United States shall assume control of said canal, the tolls thereon on vessels propelled by steam shall be reduced to twenty-five cents per ton, and on all other vessels in proportion.

Act March 3, 1873, c. 233, § 1, 17 Stat. 563.

Provisions for the payment of the bonds of the Canal Company, for a reduction of tolls, and for the management of the canal by the Secretary of War, were made by Act May 11, 1874, c. 165, 18 Stat. 43. But no tolls were to be charged, by Act May 18, 1880, c. 95, post, § 9859.

§ 9859. (Act May 18, 1880, c. 95.) Tolls at the Louisville and Portland Canal abolished; manner of paying expenses. After the first day of July, eighteen hundred and eighty, no tolls shall be charged or collected at the Louisville and Portland Canal, but the Secretary of War shall be authorized to draw his warrant from time to time upon the Secretary of the Treasury to pay the actual expenses of operating and keeping said canal in repair. (21 Stat. 141.)

This was an act entitled "An act to abolish all tolls at the Louisville and Portland Canal."

The Secretary of War was authorized to make and enforce regulations for the use of this canal by Act July 5, 1884, c. 229, § 7, 23 Stat. 148, and by Act Sept. 26, 1888, c. 1041, 25 Stat. 497.

Tolls on United States canals were abolished, and the expenses of operating and keeping them in repair were to be paid out of the Treasury on warrants issued by the Secretary of War, by Act July 5, 1884, c. 229, § 4, post, § 9860, and the Secretary of War was authorized to make and enforce regulations of the use of United States canals by Act Aug. 18, 1894, c. 299, § 4, post, § 9861.

§ 9860. (Act July 5, 1884, c. 229, § 4, as amended, Act March 3, 1909, c. 264, § 6.) Tolls on United States canals, etc., abolished; payment of expenses of operation, maintenance, etc., thereof; reconstruction of works, with modifications; statement of expenses; provisions not to apply to Panama Canal.

No tolls or operating charges whatever shall be levied upon or collected from any vessel, dredge, or other water craft for passing through any lock, canal, canalized river, or other work for the use and benefit of navigation, now belonging to the United States or that may be hereafter acquired or constructed; and for the purpose of preserving and continuing the use and navigation of said canals and other public works without interruption, the Secretary of War, upon the recommendation of the Chief of Engineers, United States Army, is hereby authorized to draw his warrant or requisition, from time to time, upon the Secretary of the Treasury to pay the actual expenses of operating, maintaining, and keeping said works in repair, which warrants or requisitions shall be paid by the Secretary of the Treasury out of any money in the Treasury not otherwise appropriated: Provided, That whenever, in the judgment of the Secretary of War, the condition of any of the aforesaid works is such that its entire reconstruction is absolutely essential to its efficient and economical maintenance and operation as herein provided for, the reconstruction thereof may include such modifications in plan and location as may be necessary to provide adequate facilities for existing navigation: Provided further, That the modifications are necessary to make the reconstructed work conform to similar works previously authorized by Congress and forming a part of the same improvement, and that such modifications shall be considered and approved by the Board of Engineers for Rivers and Harbors and be recommended by the Chief of Engineers before the work of reconstruction is commenced: Provided further, also, That an itemized statement of said expenses shall accompany the annual report of the Chief of Engineers: And provided further, That nothing herein

contained shall be held to apply to the Panama Canal. (23 Stat. 147. 35 Stat. 818.)

This section was part of the rivers and harbors appropriation act of 1884, cited above.

The section, as originally enacted, was as follows:

"No tolls or operating charges whatsoever shall be levied or collected upon any vessel or vessels, dredges, or other passing water-craft through any canal or other work for the improvement of navigation belonging to the United States; and for the purpose of preserving and continuing the use and navigation of said canals, rivers, and other public works without interruption, the Secretary of War, upon the application of the chief engineer in charge of said works, is hereby authorized to draw his warrant or requisition from time to time upon the Secretary of the Treasury to pay the actual expenses of operating and keeping said works in repair, which warrants or requisitions shall be paid by the Secretary of the Treasury, out of any money in the Treasury not otherwise appropriated: Provided, however, That an itemized statement of said expenses shall accompany the annual report of the chief of engineers."

It was amended by Act March 3, 1909, c. 264, § 6, cited above, to read as set forth here.

Provisions applicable to the Panama Canal were made by the Panama Canal Act of Aug. 24, 1912, c. 390, § 5, post, § 10051.

§ 9861. (Act Aug. 18, 1894, c. 299, § 4, as amended, Act June 13, 1902, c. 1079, § 11.) Regulations of use of canals authorized; violation of rules; penalty.

It shall be the duty of the Secretary of War to prescribe such rules and regulations for the use, administration, 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, and he is also authorized to prescribe regulations to govern the speed and movement of vessels and other water craft in any public navigable channel which has been improved under authority of Congress, whenever, in his judgment, such regulations are necessary to protect such improved channels from injury, or to prevent interference with the operations of the United States in improving navigable waters or injury to any plant that may be employed in such operations. Such rules and regulations shall be posted, in conspicuous and appropriate places, for the information of the public; and every person and every corporation which shall violate such rules and regulations shall be deemed guilty of a misdemeanor and, on conviction thereof in any district court of 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. (28 Stat. 362. 32 Stat. 374.)

This section was part of the rivers and harbors appropriation act of 1894, cited above.

The section, as originally enacted, was as follows:

"It shall be the duty of the Secretary of War to prescribe such rules and regulations for the use, administration, 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.

"Such rules and regulations shall be posted, in conspicuous and appropriate places, for the information of the public; and every person and every corpo

ration 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."

It was amended by Act June 13, 1902, c. 1079, § 3, cited above, to read as set forth here.

The consent of Congress was given to the construction of a ship canal along the Government right of way connecting the waters of Puget Sound with Lake Washington, said canal, when completed, to be turned over to the United States, by Act June 11, 1906, c. 3072, post, §§ 9904-9906.

Provisions for the acquisition of lands, etc., between the present Saint Marys Falls Ship Canal and the international boundary line at Sault Sainte Marie, Mich., for purposes of navigation, etc., of said waters, etc., were made by Act March 3, 1909, c. 264, § 11, post, § 9880.

Provisions for conservation of the right to the flow of water and riparian, water power, and other rights in the Saint Marys River, for purposes of navigation and incidentally for development of the water power, were added, by Act March 3, 1909, c. 264, § 12, to provisions of Act June 13, 1902, c. 1079, § 1, set forth, as so amended post, § 9989.

§ 9862. (Act June 13, 1902, c. 1079, § 6.) Manner of enforcing regulations of use of navigable waters.

Any regulations heretofore or hereafter prescribed by the Secretary of War in pursuance of the fourth and fifth sections of the river and harbor Act of August eighteenth, eighteen hundred and ninety-four, and any regulations hereafter prescribed in pursuance of the aforesaid section four as amended by section eleven of this Act, may be enforced as provided in section seventeen of the river and harbor Act of March third, eighteen hundred and ninety-nine, the provisions whereof are hereby made applicable to the said regulations. (32 Stat. 374.)

This section was part of the rivers and harbors appropriation act of 1902, cited above.

Act Aug. 18, 1894, c. 299, § 4, mentioned in this section, authorizing the Secretary of War to make regulations for the use of canals, and prescribing a penalty for a violation thereof, is set forth, as amended by Act June 13, 1902, c. 1079, § 11, ante, § 9861.

Act Aug. 18, 1894, c. 299, § 5, also mentioned in this section, authorizing the Secretary of War to prescribe regulations for drawbridges over navigable waters, and prescribing a penalty for a violation thereof, is set forth post, § 9973. Act March 3, 1899, c. 425, § 17, also mentioned in this section, prescribing the duties of the Department of Justice in enforcing regulations relating to navigable waters, authorized by several sections of said act, is set forth post, § 9922.

Sec.

CHAPTER B

Improvement of Rivers and Harbors

This chapter includes provisions of a general and continuing character relating to the work of improving rivers, harbors, etc., for purposes of navigation.

9863. Board of engineer officers; appointment; duties; reports; authority to rent quarters and employ civil employés.

COMP.ST.'13-284

Sec.

9864. Employment of civil engineers on western and northwestern riv

ers.

9865. Employment of retired officers of

Army or Navy.