The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-04-08
TO PROTECT THE BAYOU
Some Of the Laws that viii Hereafter Be
Enforced
DEPOSITS OF REFUSE ARE FORBIDDEN
No Mnnufn cturinr Establishment
cnn Put Refuse Matter in the
Enyou-Othcr Provisions.

WORK upon tue buHdlO bayou improvements
1t is quite likely that one OF the first steps
Will be to enforce all laws that are in
tended for the protection and preservation
OF such waters. 1t viii be Interesting.
therefore. to note the statutes that apply
to this, and which, 1t is stated will be
strictly enforced: from this time forward.
An extract from the rivers and harbers
act approved March 9, 1899. is as follows:
Sec. 10. That the creation OF any
obstruction not sttirmatively author
lied by congress. to the navigabe ca
pacfty of any of the waters Of the
United States Is hereby prohibited:
and 1t shall not be lawful to build or
commence the building Of any wharf
pier, dolphin. weir, breakwater
bulkhead, jetty, or other structures
In any part, rOadstead, haven, harbor
canal. navigable river. or other water
Of the United States outside estab-
lished harbor lines. or where no har-
Dor lines have been established. except
on plans recommended by the chief of
engineers and authorized by the secre-
tary of war: and 1t shall not be lawful
TO excavate or fill, or in any manner
TO alter or modify the course. Local
ton, condition or capacity OF, any
port, haven, harbor, canal lake, har-
Dor OF refuge. or Enclosure within the
limits OF any breakwater, or of the
channel of any navigable water or the
United States. unless the work has
been recommended by the chief OF
engineers and authorized by the Sec
rotary of war prior to beginning the
same.
The penalty for the violation OF the
above provision. upon conviction, is
fine Of not exceeding $4,000 nor less than
$500, or imprisonment for not exceeding
one year, or by both such punishments, in
the discretion Of the court.
Section 10 Is of especial interest and Is
as follows
That 1t shall not be lawful TO throw.
discharge, or deposit. or cause. suffer.
or procure to be thrown. discharged
or deposited either from out OF any
ship. barge, or other floating craft OF
any kind or from the shore wharf
manufacturing establishment or mill
Of any kind. any refuse matter OF any
kind or description whatever other
than that flowing from streets aud
sewers and passing therefrom in
liquid state, into any navigable water
of the United States. or into any tribu-
tary OF any navlgable water from
which the same shall float or be
washed into such navGable water:
and 1t shall not be lawful to deposit,
or cause, suffer, or procure to be de-
posted material OF any kind in any
place on the bank of any navigable
water. or on the bank OF any tributary
OF any navigable water, where tho
same shall be liable to be washed into
such naygable water, either by ordi-
nary or high tides, or by storms or
floods, or otherwise. whereby naviga-
ton shall or may be impeded or OBJ
structed; provided. that nothing
herein contained shall extend to. APP
ply to. or prohibit the operations In
connection with the Improvement Of
navigable waters or construction Of
public works, considered necessary and
proper by the United States officers
supervising such Improvement or pub
lie work; and, provided further, that
the secretary OF war. whenever in tns
Judgment OF the chief of engineers,
anchorage aud navigation viii not be
injured thereby. may permit the de-
post of any material above mentioned
in navigahle waters, within limits to
be defined and under conditions TO be
prescribed by him. provided applica-
ton is made TO him prior to deposit
ing such material; and. whenever any
permit Ia so granted the conditions
thereof shall be strictly complied with.
and any violation thereof shall be I'M
lawful.
In regard to the methods OF enforcin
the laws for the protection OF navigabI
waters the act says:
Sec II. That the department OF
ceedings necessary TO enforce the force
going provisions of sections 9 to 16
inclusive, of this act; aud Ii shall
be the duty OF district attorneys OF
the United States to vigorously prose-
cute all offenders against the same
whenever requested TO do so by the
secretary OF war. or by any OF the Of
fcals hereinafter designated. and 1t
shall furthermore be the duty OF said
district attorneys to report to the at
torney general of the United States
the action taken by him against Of
Tenders so reported and a transcript
OF such reports shall be transmitted
30 the secretary by the attorney gem
eral: and for the better enforcement
OF the said provisions and TO facilitate
the detection and bringing to punish
ment OF such Offenders. the officers
and agents }of the United States in
charge OF river and harbor Improves
ments. and the assistant engineers
and inspectors employed under them
by the authority of the secretary OF
war and the United States collectors OF
customs and other revenue officers.
shall have power and authority TO
swear out process and to arrest and
take into custody. with or without
process. any person or persons who
may commit any OF the acts or Of
lenses prohibited by the aforesaid sec.
tions OF this act. or who may violate
any OF the provisions OF the same;
provided, that no person shall be ar
rested without process for any Of
Tense not committed In tho presence OF
some one of the aforesaid officials:
and provided, further. that whenever
any arrest Is made under the pro-
visions of this act, the person so ar.
rested shall be brought forthwith be-
fore 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 au-
tnorized by law In cases of crimes
AGAINST the United States.
The rivers and harbors act contain
other Important provisions for tho pre-
lection OF the nayigahie waters OF II
United States. but the above are the SCI
lions of greatest interest in Houston ju
now.