able cause for believing such person to be insane or of § 1195. Injury to River or Harbor Improvements. Section 3 of the Act of Aug. 41, 1876, c. 267, 19 Stat. 139, provides that Any person who shall willfully and unlawfully injure any pier, breakwater, or other work of the United States for the improvement of rivers or harbors, or navigation in the United States, shall, on conviction thereof, be punished by a fine not exceeding one thousand dollars. § 1196. Obstruction of Navigable Waters, etc. Section 10 of the Act of March 3, 1899, c. 425, 30 Stat. 1151, is as follows: The creation of any obstruction, not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States is hereby prohibited; and it shall not be lawful to build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, or other structures in any port, roadstead, haven, harbor, canal, navigable river, or other water of the United States, outside established harbor lines, or where no harbor lines have been established, except on plans recommended by the Chief of Engineers and authorized by the Secretary of War; and it shall not be lawful to excavate or fill, or in any manner to alter or modify the course, location, condition, or capacity of, any port, roadstead, haven, harbor, canal, lake, harbor of refuge, or inclosure within the limits of any breakwater, or of the channel of any navigable water of the United States, unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of War prior to beginning the same. The acquittal of a defendant indicted under Section 12 of said act1 for creating an obstruction in a navigable stream in violation of this section, is not a bar to a subsequent suit in equity brought by the United States under Section 12 against the same defendant to compel the removal of the obstruction; the issues and measure of proof required in the two proceedings not being the same.2 § 1197. Obstructing Navigable Waters - Continuance of Ob struction. Section 10 of the Act of Sept. 19, 1890, c. 907, 26 Stat. 454, is as follows: The creation of any obstruction, not affirmatively authorized by law, to the navigable capacity of any waters, in respect of which the United States has jurisdiction, is hereby prohibited. The continuance of any such obstruction, except bridges, piers, docks and wharves, and similar structures erected for business purposes, whether heretofore or hereafter created, shall constitute an offense and each week's continuance of any such obstruction shall be deemed a separate offense. Every person and every corporation which shall be guilty of creating or continuing any such unlawful obstruction in this act mentioned, or who shall violate the provisions of the last four preceding sections of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding five thousand dollars, or by imprisonment (in the case of a natural person) not exceeding one year, or by both such punishments, in the discretion of the court, the creating or continuing of any unlawful obstruction in this act mentioned may be prevented and such obstruction may be caused to be removed by the injunction of any circuit court exercising jurisdiction in any district in which such obstruction may be threatened or may exist; and proper proceedings in equity to this end may be instituted under the direction of the Attorney-General of the United States. § 1198. Violation of Act, Removal of Structures, etc. Section 12 of the Act of March 3, 1899, c. 425, 30 Stat. 1151, as amended Feb. 20, 1900, c. 23, 31 Stat. 32, is as follows: Every person and every corporation that shall violate any of the provisions of sections nine, ten, and eleven of 2 United States V. Donaldson- 403 (4th Cir.), reversing 142 Fed. Shultz Co., 148 Fed. 581, 79 C. C. A. 300. this Act, or any rule or regulation made by the Secretary of War in pursuance of the provisions of the said section eleven, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding twenty-five hundred dollars nor less than five hundred dollars, or by imprisonment (in the case of a natural person) not exceeding one year, or by both such punishments, in the discretion of the court. And further, the removal of any structures or parts of structures erected in violation of the provisions of the said sections may be enforced by the injunction of any (circuit) court exercising jurisdiction in any district in which such structures may exist, and proper proceedings to this end may be instituted under the direction of the Attorney-General of the United States. CHAPTER LXXI RADIOGRAPHS § 1199. Radiotelegraph Regulations - Violations-Licenses for Experiments, etc. § 1200. License for Operation of Radiotelegraphs. - Punishment. § 1199. Radiotelegraph Regulations - Violations - Licenses for Experiments, etc. Section 4 of the Act of Aug. 13, 1912, c. 287, 37 Stat. 304, provides as follows: For the purpose of preventing or minimizing interference with communications between stations in which such apparatus is operated, to facilitate radio communication, and to further the prompt receipt of distress signals, said private and commercial stations shall be subject to the regulations of the section. These regulations shall be enforced by the Secretary of Commerce (and Labor) through the collectors of customs and other officers of the Government as other regulations herein provided for. The Secretary of Commerce (and Labor) may, in his discretion, waive the provisions of any or all of these regulations when no interference of the character above mentioned can ensue. The Secretary of Commerce (and Labor) may grant special temporary licenses to stations actually engaged in conducting experiments for the development of the science of radio communication, or the apparatus pertaining thereto, to carry on special tests, using any amount of power or any wave lengths, at such hours and under such conditions as will insure the least interference with the sending or receipt of commercial or Government radiograms, of distress signals and radiograms, or with the work of other stations. In these regulations the naval and military stations shall be understood to be stations on land. Regulations. (Normal Wave Length.) First. Every station shall be required to designate a certain definite wave length as the normal sending and receiving wave length of the station. This wave length shall not exceed six hundred meters or it shall exceed one thousand six hundred meters. Every coastal station open to general public service shall at all times be ready to receive messages of such wave lengths as are required by the Berlin convention. Every ship station, except as hereinafter provided, and every coast station open to general public service shall be prepared to use two sending wave lengths, one of three hundred meters and one of six hundred meters, as required by the international convention in force Provided, That the Secretary of Commerce (and Labor) may, in his discretion, change the limit of wave length reservation made by regulations first and second to accord with any international agreement to which the United States is a party. (Other Wave Lengths.) Second. In addition to the normal sending wave length all stations, except as provided hereinafter in these regulations, may use other sending wave lengths: Provided, That they do not exceed six hundred meters or that they do exceed one thousand six hundred meters: Provided further, That the character of the waves emitted conforms to the requirements of regulations third and fourth following. (Use of a Pure Wave.") Third. At all stations if the sending apparatus, to be referred to hereinafter as the "transmitter", is of such a character that the energy is radiated in two or more wave lengths, more or less sharply defined, as indicated by a sensitive wave meter, the energy in no one of the lesser waves shall exceed ten per centum of that in the greatest. (Use of a (Use of a "Sharp Wave.") Fourth. At all stations the logarithmic decrement per complete oscillation in the wave trains emitted by the transmitter shall not exceed two-tenths, except when sending distress signals or signals and messages relating thereto. (Use of "Standard Distress Wave.") Fifth. Every station on shipboard shall be prepared to send distress calls on the normal wave length designated by the international convention in force, except on vessels of small tonnage unable to have plants insuring that wave 66 |