The association did not go on record as favoring this disposal of waste, nor was anything said by anybody other than Mr. Jackson in its favor. How is your bill coming on? Yours, very truly, Hon. JAMES R. MANN. W. A. EVANS, Commissioner of Health. [p. 6] 1.29a (2) COMMITTEE ON CONFERENCE H. R. REP. No. 1613, 61st Cong., 2nd Sess. (1910) 1.29a (3) CONGRESSIONAL RECORD, VOL. 45 (1910): 1.29a(3)(a) May 2: Amended and passed House, p. 5672 [No Relevant Discussion of Pertinent Section] 1.29a (3) (b) May 12: Amended and passed Senate, p. 6119 1.29a (3) (c) June 16: Senate agreed to conference report, p. 8219 [No Relevant Discussion of Pertinent Section] 1.29a(3) (d) June 17: House agrees to conference report, p. 8439 [No Relevant Discussion of Pertinent Section] 1.30 SUPERVISORY HARBORS ACT OF 1888, AS 33 U.S.C. §§ 441-451b (1958) NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND HARBOR OF BALTIMORE §441. Deposit of refuse prohibited; penalty The placing, discharging, or depositing, by any process or in any manner, of refuse, dirt, ashes, cinders, mud, sand, dredgings, sludge, acid, or any other matter of any kind, other than that flowing from streets, sewers, and passing therefrom in a liquid state, in the waters of any harbor subject to sections 441 to 451b of this title, within the limits which shall be prescribed by the supervisor of the harbor, is strictly forbidden, and every such act is made a misdemeanor, and every person engaged in or who shall aid, abet, authorize, or instigate a violation of this section, shall, upon conviction, be punishable by fine or imprisonment, or both, such fine to be not less than $250 nor more than $2,500, and the imprisonment to be not less than thirty days nor more than one year, either or both united, as the judge before whom conviction is obtained shall decide, one-half of said fine to be paid to the person or persons giving information which shall lead to conviction of this misdemeanor. June 29, 1888, c. 496, §1, 25 Stat. 209; Aug. 28, 1958, Pub.L. 85-802, §1 (1), 72 Stat. 970. §442. Liability of officers of towing vessel Any and every master and engineer, or person or persons acting in such capacity, respectively, on board of any boat or vessel, who shall knowingly engage in towing any scow, boat, or vessel loaded with any such prohibited matter to any point or place of deposit, or discharge in the waters of any harbor subject to sections 441 to 451b of this title, or to any point or place elsewhere than within the limits defined and permitted by the supervisor of the harbor, shall be deemed guilty of a violation of section 441 of this title, and shall, upon conviction, be punishable as provided for offenses in violation of section 441 of this title, and shall also have his license revoked or suspended for a term to be fixed by the judge before whom tried and convicted. June 29, 1888, c. 496, §2, 25 Stat. 209; Aug. 28, 1958, Pub.L. 85-802, §1 (2), 72 Stat. 970. §443. Permit for dumping; penalty for taking or towing boat or scow without permit In all cases of receiving on board of any scows or boats such forbidden matter or substance as described in section 441 of this title, the owner or master, or person acting in such capacity on board of such scows or boats, before proceeding to take or tow the same to the place of deposit, shall apply for and obtain from the supervisor of the harbor appointed, as provided in section 451 of this title, a permit defining the precise limits within which the discharge of such scows or boats may be made; and it shall not be lawful for the owner or master, or person acting in such capacity, of any tug or towboat to tow or move any scow or boat so loaded with such forbidden matter until such permit shall have been obtained; and every person violating the foregoing provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than $1,000 nor less than $500, and in addition thereto the master of any tug or towboat so offending shall have his license re voked or suspended for a term to be fixed by the judge before whom tried and convicted. June 29, 1888, c. 496, §3, 25 Stat. 209; Aug. 18, 1894, c. 299, §3, 28 Stat. 360; May 28, 1908, c. 212, §8, 35 Stat. 426. §444. Dumping at other place than designated dumping grounds; penalty; person liable; excuses for deviation Any deviation from such dumping or discharging place specified in such permit shall be a misdemeanor, and the owner and master, or person acting in the capacity of master, of any scows or boats dumping or discharging such forbidden matter in any place other than that specified in such permit shall be liable to punishment therefor as provided in section 441 of this title; and the owner and master, or person acting in the capacity of master, of any tug or towboat towing such scows or boats shall be liable to equal punishment with the owner and master, or person acting in the capacity of master, of the scows or boats; and, further, every scowman or other employee on board of both scows and towboats shall be deemed to have knowledge of the place of dumping specified in such permit, and the owners and masters, or persons acting in the capacity of masters, shall be liable to punishment, as aforesaid, for any unlawful dumping, within the meaning of sections 441 to 452 of this title, which may be caused by the negligence or ignorance of such scowman or other employee; and, further, neither defect in machinery nor avoidable accidents to scows or towboats, nor unfavorable weather, nor improper handling or moving of scows or boats of any kind whatsoever shall operate to release the owners and master and employees of scows and towboats from the penalties mentioned in section 441 of this title. June 29, 1888, c. 496, §3, 25 Stat. 209; Aug. 18, 1894, c. 299, §3, 28 Stat. 360; May 28, 1908, c. 212, §8, 35 Stat. 426. §445. Equipment and marking of boats or scows Every scow or boat engaged in the transportation of dredgings, earth, sand, mud, cellar dirt, garbage, or other offensive material of any description shall have its name or number and owner's name painted in letters and numbers at least fourteen inches long on both sides of the scow or boat; these names and numbers shall be kept distinctly legible at all times, and no scow or boat not so marked shall be used to transport or dump any such material. Each such scow or boat shall be equipped at all times with a life line or rope extending at least the length of and three feet above the deck thereof, such rope to be attached to the coaming thereof, also with a life preserver and a life buoy for each person on board thereof, also with anchor to weigh not less than two hundred and seventy-five pounds, and at least one hundred feet of cable attached thereto; a list of the names of all men employed on any such scow or boat shall be kept by the owner or master thereof and the said list shall be open to the inspection of all parties. Failure to comply with any of the foregoing provisions shall render the owner of such scow or boat liable upon conviction thereof to a penalty of not more than $500: Provided, That the requirements in regard to life line or rope contained in this section shall not apply to any scow or boat the deck outside the coaming or rail of which shall not exceed one foot in width: And provided further, That on any such scow or boat its name or number and owner's name painted in letters and numbers, at least fourteen inches long on both ends of such scow or boat, shall be a compliance with the provisions of this section in regard to name, number, and owner's name. June 29, 1888, c. 496, §3, 25 Stat. 209; Aug. 18, 1894, c. 299, §3, 28 Stat. 360; May 28, 1908, c. 212, §8, 35 Stat. 426; Feb. 16, 1909, c. 132, 35 Stat. 623. §446. Inspectors; appointment, powers, and duties Each supervisor of a harbor is authorized and directed to appoint inspectors and deputy inspectors, and, for the purposes of enforcing sections 441 to 452 of this title, and of detecting and bringing to punishment offenders against the same, the said supervisor of the harbor, and the inspectors and deputy inspectors so appointed by him, shall have power and authority: First. To arrest and take into custody, with or without process, any person or persons who may commit any of the acts or offenses prohibited by sections 441 to 451b of this title, or who may violate any of the provisions of the same: Provided, That no person shall be arrested without process for any offense not committed in the presence of the supervisor or his inspectors or deputy inspectors, or either of them: And provided further, That whenever any such arrest is made the person or persons so arrested shall be brought forthwith before a 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 authorized by law in case of crimes against the United States. Second. To go on board of any scow or towboat engaged in unlawful dumping of prohibited material, or in moving the same without a permit, as required in section 443 of this title, or otherwise violating any of the provisions of sections 443 to 448 of this title, and to seize and hold said boats until they are discharged by action of the commissioner, judge, or court of the United States before whom the offending persons are brought. Third. To arrest and take into custody any witness or witnesses to such unlawful dumping of prohibited material, the said witnesses to be released under proper bonds. Fourth. To go on board of any towboat having in tow scows or boats loaded with such prohibited material, and accompany the same to the place of dumping, whenever such action appears to be necessary to secure compliance with the requirements of sections 441 to 452 of this title. Fifth. To enter gas and oil works and all other manufacturing works for the purpose of discovering the disposition made of sludge, acid, or other injurious material, whenever there is good reason to believe that such sludge, acid, or other injurious material is allowed to run into tidal waters of the harbor in violation of section 441 of this title. June 29, 1888, c. 496, § 3, 25 Stat. 209; Aug. 18, 1894, c. 299, § 3, 28 Stat. 360; May 28, 1908, c. 212, § 8, 35 Stat. 426; Aug. 28, 1958, Pub.L. 85-802, § 1 (3), 72 Stat. 970. §447. Bribery of inspector; penalty Every person who, directly or indirectly, gives any sum of money or other bribe, present, or reward, or makes any offer of the same to any inspector, deputy inspector, or other employee of the office of any supervisor of a harbor with intent to influence such inspector, deputy inspector, or other employee to permit or overlook any violation of the provisions of sections 441 to 451b of this title, shall, on conviction thereof, be fined not less than $500 nor more than $1,000, and be imprisoned not less than six months nor more than one year. June 29, 1888, c. 496, § 3, 25 Stat. 209; Aug. 18, 1894, c. 299, § 3, 28 Stat. 360; May 28, 1908, c. 212, § 8, 35 Stat. 426; Aug. 28, 1958, Pub.L. 85-802, § 1(4), 72 Stat. 970. §448. Return of permit; penalty for failure to return Every permit issued in accordance with the provisions of section. 443 of this title, which may not be taken up by an inspector or deputy inspector, shall be returned within four days after issuance to the office of the supervisor of the harbor; such permit shall bear an indorsement by the master of the towboat, or the person acting in such capacity, stating whether the permit has been used, and, if so, the time and place of dumping. Any person violating the provi |