Page:United States Statutes at Large Volume 25.djvu/471

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IVIFTIETH CONGRESS. Sizss. I. Ch. 860. 1888. 425 persons or corporations owning or controlling such bridge to so alter the same as to render navigation through or under it free, easy, and unobstructed; and in giving such notice he shall prescribe in each case a reasonable time in which such alteration is to be made. If, at the end of such time, the alteration has not been made, the Secretary of WVar shall forthwith appraise the Attorney—General of the United States, whose duty it shall be to institute suit, in the name of the United States, without delay, in the circuit or district court Li¤g¤¤<>¤· . of the United States for the circuit in which such bridge is located, which court is hereby invested with jurisdiction for this purpose, to recover from the owners or managers of such bridge the fines mentioned in the succeeding sections of this act. Sec. 10. That the owner or owners or manager or managers of any tP¤¤;iShm*>¤P M 0** railroad or other bridge obstructing the free navigation of an navi- S mc mg nmgmm" gable water-way of the United States who shall willfully faiilor refuse to remove the same, or to cause the necessary alterations to be made in the same so as to render navigation through or under it free, easy, and unobstructed to rafts, steam~boats, or other water—craft, after receiving notice to that effect from the Secretary of War and within the time prescribed by him, shall be subject to a fine as penalty therefor of five hundred dollars per month for the time he or they are in default, and the amount so recovered shall be placed to the credit of the improvement fund of the water-way obstructed by such bridge. Sec. 11. Whenever the improvements provided for by this act, or Fi$h·W¤Y¤ those which have heretofore been rosecuted by the United States, or may hereafter be undertaken, shall be found to operate (whether by lock and dam or otherwise), as obstructions to the passage of fish, the Secretary of War ma , in his discretion, direct and cause to be constructed practical amfrsufficient fish-ways, to be paid for out of the general appropriations for the streams on which such fish-ways may e constructe . Sec. 12. Where it is made manifest to the Secretary of War that H¤r¤<>r1i¤¤s· the establishment of harbor lines is essential to the preservation and rotection of harbors, he may, and is hereby, authorized to cause such lines to be established, beyond which no piers or wharves shall be extended or deposits made except under such regulations as may be prescribed from time to time by him. Sec. 13. That the Secretary of War is hereby directed, at his dis- S“"’“”· cretion, to cause examinations or surveys, or both, to be made, and the cost of improvement to be estimated at the following localities, to wit: In the States of- ARKANSAS. · Arkansas. Ouachita River, Louisiana and Arkansas, from its mouth to head of navigation, to determine the advisability and probable cost of its permanent improvement. ALABAMA. A1¤1>¤m¤- The Secretary of War is hereby authorized and directed to cause a survey to be made at the earliest practicable time for the location of a channel in and along the Coosa River, in Alabama, from the rapids at Wetumka to connect with the improvements already completed on said river above the Ten Islands, and to direct the engineer making the survey to report as to the most feasible, 'economical, and suitable plan for making such improvement. _ VVarrior River from Tuscaloosa to Demopolis, for deepening and widening the channel with a view of the easy transportation of coal. Sipsey River, from the Tombigbee River at Vienna to Texas, with a view of easy transportation of coal._ _ Choctawhatchee, for low water navigation.