...remove for ballast or other purposes any stone or other material composing such works. SEC. 10. That the creation of any obstruction not affirmatively...authorized by law, to the navigable capacity of any walcrs, in respect of which the United States has jurisdiction, is hereby prohibited. The continuance...

...last-named convention,? Congress, by the nct'of September 19th,* 1800, chap. '907, provided: "That he circuit court held this section to be repugnant...and interwoven with other sections that ite inval The continuance of any such obstruction, except bridges, piers, docks, and wharves, and similar structures...

...of any dam, pier or breakwater in any navigable river without permission of the Secretary of War, or the creation of any obstruction not affirmatively authorized by law, "to the navigable capacity of such rivers." See also the later act of March 3, 1899, 30 Stat., pp. 1151, 1155, c. 425, and United...

...miles below toward the Gulf. The actof 1890 ( 1 Sup. RS, p. 803) prohibits the creation of obstructions "not affirmatively authorized by law " to the " navigable capacity " of any waters of the United States. Its terms are more comprehensive than the act of July 13, 18!I3, prohibiting...

...remove for ballast or other purposes any stone or other material composing such works. SECTION 10. That the creation of any obstruction, not affirmatively...United States has jurisdiction, is hereby prohibited. The continuance of any such obstruction, except bridges, piers, docks and wharves, and similar structures...

...works. ч bc °b ^EC' 10- That the creation of any obstruction, not affirmatively d or'continued."* authorized by law, to the navigable capacity of any...United States has jurisdiction, is hereby prohibited. The continuance of any such obstruction, except bridges, piers, docks and wharves, and similar structures...

...reading of the acts will not, I think, sustain the contention. The act applies only te obstruction to waters of which the United. States has jurisdiction,...regulate commerce between the States and foreign nations. (Vea/.ie r. Moor, 14 How., 5t>8; Gould, Waters, 34.) Unless, therefore, the stream is navigable, and...

...built after the passage of Act Sept. 19, 1890 (26 Stat. 454, c. 907), which in express terms prohibited "the creation of any obstruction, not affirmatively...respect of which the United States has jurisdiction," and provided that the creation or continuance of any such unlawful obstruction might be prevented by...

...other material composing such works. SEC. 10. That the creation of any obstruction not nffinnatively authorized by law, to the navigable capacity of any...United States has jurisdiction, is hereby prohibited. The continuance of any such obstruction, except bridges, piers, docks and wharves, and similar structures...

...ballast or other purposes any stone or other material composing such works. 324. General obstructions. The creation of any obstruction, not affirmatively...United States has jurisdiction, is hereby prohibited. The continuance of any such obstruction, except bridges, piers, docks and wharves, and similar structures...