Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-11-04
RIVER AND HARBOR LAWS.

Instructions to Gen. smith Relative to
Prosecutions for Violations.
Gen. William +. Smith, United States
engineer in charge OF harbOr work in
this district, has received the following
from Washington:
Washington, Oct. 81 The following
correspondence is published for the in
formation of officers of the corps of en-.
eineers and agents for the United States
having supervision of river and harbor
works:
War Department. Washington, Oct.
ll--Sir: l have the honor to enclose
herewith number of papers submitted
TO me by the chief of engineers They
are cOpmlaints made by engineer officers
to various district attorneys under
sections 6, 10 and II Of the River and
Harbor Act of 1890 and section 6 OF the
act of 1894. 1t has been the practice in
the past to submit 10 your department
each case as it came in, with request
that tho district attorney be instructed
in accordance with the recommendation
of the chief Of engineers. 1t saems.
however that the requirements of the
law, 30 far al the War Department is
concerned, will be complied with when
tho lncal engineer officer files his COM
plant with the proper district attorney.
II you should deem it proper to give
general instructions to district attorneys
tif this has not already been done J
directing them tu act in such cases,
whenever such complaints are made,
there would apparently be no need of
sending papers of this kind to your de-
partment. except 10 special cases. Will
you kindly favor me with your views as
to the ACCESSIBILITY of continuing to
send this class of papers to you?
Very respectfully,
X. A. Alger, Secretary of War.
To the Honorable Attorney. General.
Department of Justice. Washington,
Oct 10, The Secretary of War-Sir:
have the honor to acknowledge the re-
ceipt of your favor OF the 1lth inst,
with Enclosures, relating to violations
of the River and llarbor Acts OF 1890
and 1894 by Entertainments and OBJ
structions upon and in certain naviga-
BILE streams Of tho United States. In
roply, beg to say that there is no
need, as you Huggest. of sending papers
OF this kind to this department. Section
III, h. S., makes it the duty of every
district attorney to prosecute in the
uinhict u WuiCu ub ls appointed all u6-
linquents for crimes and offences cog
nizable under tho authority of the
United States. II the evidence pre-
sented by officers OF the War Depart
ment tends to show a violation of law,
the district attorney will no doubt begin
prosecutions without specific in
structions from the attorney general. In
order, however, to superintend their
work as far as practicable the Depart
ment of Justice would like to be fur
nished with brief statement OF each
case brought to the attention Of dis
trict attorneys. Respectfully.
Joseph McKenna,
Attorney General.
Violations Of the laws for the pressr
walton and protection of navigahle
waters coming to the knowledge of the
aforesaid officers and agents will he
promptly reported by them to the proper
Unitell States district attorney, with
such evidence as may be in their pos
session, and statement of each case
will be forwarded to thu chief of ongi.
neers. together with comics of auy cor
rsspondence had with the district at
tornay in relation thereto. By command
OF BrigRdier General Wilson.
Joseph L. Kuhn,
.. Captain, Corps of Engineers.