Chapter 1615. Declaring each of the tunnels under the Chicago River an obstruction to navigation, and for other purposes
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CHAP. 1615.— An Act Declaring each of the tunnels under the Chicago River an obstruction to navigation, and for other purposes. April 27, 1904. [[H. R. 4483](/us/bill/58/hr/4483).] [[Public, No. 174](/us/pl/58/174).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Chicago, Ill. Tunnels under Chicago River in, declared obstructions to navigation. That the tunnels under the Chicago River in the State of Illinois at La Salle street, Washington street, and near Van Buren street, in the city of Chicago, in said State of Illinois, are, and each of them is hereby, declared to be, as now constructed, an unreasonable obstruction to the free navigation of said Chicago River, and each of said tunnels is hereby declared to be a Changes to be made to aid navigation.
Notice to owners. public nuisance. And it shall be the duty of the Secretary of War to give notice to the persons or corporations owning or controlling said tunnels, or any of them, so to alter the same as to render navigation over said tunnels free, easy, and unobstructed, and in giving such notice he shall specify the changes recommended by the Chief of Engineers that are needed to be made in order that said tunnels, or any of them, shall not thereafter be an obstruction to navigation, and shall prescribe in each case a reasonable time in which to make said changes.
Proceedings on failure to remove obstructions. If at the expiration of such time such changes have-not been made, the Secretary of War shall forthwith notify the United States district attorney for the northern district of Illinois, in which said tunnels are situated, to the end that the criminal proceedings hereinafter prescribed may be taken. If the person or persons, corporation or corporations, 315 owning or controlling any of the said tunnels shall, after receiving notice to that effect, as hereinbefore required, from the Secretary of War, and within the time prescribed by him, fail or refuse to remove the same or to make the changes specified in the notice of the Secretary of War, such person or persons, corporation or corporations, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be Penalty. punished by a fine not exceeding ten thousand dollars; and each and every month such person or persons, corporation or corporations, shall remain in default in respect to the removal or alteration of such tunnel shall be deemed a new offense and subject the person or persons, corporation or corporations, so offending to the penalty herein prescribed: *Provided*, That in any case arising under the provisions *Proviso*.
Appeal. of this Act an appeal or writ of error may be taken from the district court or from the circuit court direct to the Supreme Court either by the United States or by the defendants. Approved, April 27, 1904.