several branches of the light-house service may require, and such other information as may be required, to be laid before Congress at the commencement of each session.

*SEC. 4660. The Light-House Board is authorized, whenever an appropriation has been or may be made by Congress for a new light house, the proper site for which does not belong to the United States, to purchase the necessary land, provided the purchase-money be paid from the amount appropriated for such light-house.

SEC. 4661. No light-house, beacon, public piers, or landmark, shall be built or erected on auy site until cession of jurisdiction over the same has been made to the United States.

SEC. 4662. A cession by a State of jurisdiction over a place selected as the site of a light-house, or other structure or work of the Light-House Establishment, shall be deemed sufficient within the preceding section, notwithstanding it contains a reservation that process issued under authority of such State may continue to be served within such place. And notwithstanding any such cession of jurisdiction contains no such reservation, all process may be served and executed within the place ceded, in the same manner as if no cession had been made.

SEC. 4663. Whenever preliminary surveys are required to ascertain the necessity for any light-house, light-ship, beacon, or other warning to vessels, the erection of which is or may be authorized by law, or to determine the proper site for the same, or to ascertain more fully what the public exigency requires, the Secretary of the Treasury may cause the necessary examinations and surveys on the sea-board to be made under the direction of the Superintendent of the Coast Survey, and those on the northwestern lakes to be made under the direction of the Corps of Engineers. In all cases in which adverse reports are made, they shall be submitted to Congress at its next session. In all cases in which the objects authorized are favorably reported upon, the works may be com menced immediately after valid titles and cessions of jurisdiction shall have been obtained to the sites.

SEC. 4664. The President shall cause to be detailed from the Engineer Corps of the Army, from time to time, such officers as may be necessary to superintend the construction and renovation of light houses.

SEC. 4665. The Light-House Board shall cause to be prepared by the engineer secretary of the board, or by such officer of engineers of the Army as may be detailed for that service, all plans, drawings, specifications, and estimates of cost, of all illuminating and other apparatus, and of construction and repair of towers, buildings, &c., connected with the Light House Establishment, and no bid or contract shall be accepted or entered into, except upon the decision of the board, at a regular or special meeting, and through their properly authorized officers.

SEC. 4666. All materials for the construction and repair of light-houses, light-vessels, beacons, buoys, and so forth, shall be procured by public contracts, under such regulations as the board may from time to time adopt, subject to the approval of the Secretary of the Treasury, and all works of construction, renovation, and repair shall be made by the orders of the board, under the immediate superintendence of their engineer secretary, or of such engineer of the Army as may be detailed for that that service.

SEC. 4667. No contract for the erection of any light house shall be made except after public advertisement for proposals in such form and manner as to secure general notice thereof, and the same shall only be

*See sec. 355.

made with the lowest bidder therefor, upon security deemed sufficient in the judgment of the Secretary of the Treasury.

SEC. 4668. Whenever any of the light-vessels occupying positions which are adapted to the erection of light-houses upon pile-foundations require to be rebuilt, or require such extensive repairs as to render the substitution of such light-houses advisable and practicable, such permanent structures may be erected in place of any such light-vessels; but the expense arising from all such changes and erections shall be defrayed from the general annual appropriations for repairs, and so forth, of light-vessels, except when a special appropriation is made for such change.

SEC. 4669. The Light-House Board, with the approval of the Secretary of the Treasury, shall prescribe, and from time to time may alter or amend, and cause to be distributed, such regulations as they deem proper for securing an efficient, uniform, and economical administration of the Light-House Establishment.

SEC. 4670. The Light-House Board shall arrange the Atlantic, Gulf, Pacific, and Lake coasts of the United States, into light-house districts, not exceeding twelve in number.

SEC. 4671. An officer of the Army or Navy shall be assigned to each district as a light-house inspector, subject to the orders of the LightHouse Board; and shall receive for such service the same pay and emoluments that he would be entitled to by law for the performance of duty in the regular line of his profession, and no other, except the legal allowance per mile, when traveling under orders connected with his duties. SEC. 4672. The Secretary of the Treasury shall assign to any of the collectors of the customs the superintendence of such light-houses, beacons, light-ships, and buoys, as he deems best; but no person whose compensation as collector of customs exceeds three thousand dollars a year shall receive any compensation as disbursing agent for the LightHouse Establishment, whether the sums disbursed by him be for articles to be used or services rendered within or without the limits of his superintendency or collection district: Provided, That where the compensation of any collector as disbursing agent is not more than three thousand dollars a year, such agent shall receive for such services not more than four hundred dollars in any fiscal year.

SEC. 4673. The Secretary of the Treasury is authorized to regulate the salaries of the respective keepers of light-houses in such manner as he deems just and proper, but the whole sum allowed for such salaries. shall not exceed an average of six hundred dollars to each keeper.

SEC. 4674. The Secretary of the Treasury may, upon the recommendation of the Light-House Board, discontinue from time to time such lights as may from any cause become useless or unnecessary. And he may, upon the like recommendation, from time to time re-establish any lights which have been thus discontinued, whenever he believes such re-establishment to be required by public convenience or the necessities of trade or commerce.

SEC. 4675. The Secretary of the Treasury may, after a week's notice to the public, sell and convey any real estate no longer used for lighthouse purposes, the avails of such sale to be paid into the national Treasury.

SEC. 4676. The Light-House Board may, when they deem it necessary, place a light-vessel, or other suitable warning of danger, on or over any wreck or temporary obstruction to the entrance of any harbor, or in the channel or fairway of any bay or sound.

SEC. 4677. The Light-House Board shall properly mark all pier-heads belonging to the United States situated on the northern and north western lakes, whenever the board is duly notified by the department charged with the construction or repair of pier-heads that the construction or repair of any such pier-heads has been completed.

SEC. 4678. All buoys along the coast, or in bays, harbors, sounds, or channels, shall be colored and numbered, so that passing up the coast or sound, or entering the bay, harbor, or chaunel, red buoys with even numbers shall be passed on the starboard hand, black buoys with uneven numbers on the port hand, and buoys with red and black stripes on either hand. Buoys in channel-ways shall be colored with alternate white and black perpendicular stripes.

SEC. 4679. No additional salary shall be allowed to any civil, military, or naval officer on account of his being employed on the Light-House Board, or being in any manner attached to the light-house service.

SEC. 4680. No member of the Light-House Board, inspector, lightkeeper, or other person in any manner connected with the light-house service, shall be interested, either directly or indirectly, in any contract for labor, materials, or supplies for the light house service, or in any patent, plan, or mode of construction or illumination, or in any article of supply for the light-house service.

CHAP. 416.-An act to extend the jurisdiction of the Light-House Board.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Light-House Board are hereby directed to cause examinations to be made, and to report to the Secretary of the Treasury what light-houses, lights, beacons, and buoys are required for the better security of navigation on the Mississippi, Ohio, and Missouri Rivers, including specific statement as to the respective localities where and by whom now maintained, where required, and estimated cost of their construction and maintenance. Approved, June 22, 1874.

2.-COAST SURVEY.

(Revised Statutes, Title LVI.)

SEC. 4681. The President is authorized to cause a survey to be taken of the coasts of the United States, in which shall be designated the islands and shoals, with the roads or places of anchorage, within twenty leagues of any part of the shores of the United States; and also the respective courses and distances between the principal capes or headlands, together with such other matters as he may deem proper for completing an accurate chart of every part of the coasts.

SEC. 4682. The President may also cause such examinations and observations to be made with respect to Saint George's Bank, and to any other bank, or shoal, and the soundings and currents, although beyond the distance of twenty leagues from the shore to the Gulf Stream, as he may deem especially subservient to the commercial interests of the United States.

SEC. 4683. All appropriations made for the work of surveying the coast of the United States shall be expended in accordance with the

plan of re-organizing the mode of executing the survey which has been submitted to the President by a board of officers organized under the act of March three, eighteen hundred and forty three, chapter one hundred.

SEC. 4684. The President shall carry into effect the plan of the board, as agreed upon by a majority of its members; and shall cause to be employed as many officers of the Army and Navy of the United States as will be compatible with the successful prosecution of the work; the officers of the Navy to be employed on the hydrographical parts, and the officers of the Army on the topographical parts of the work; and no officer of the Army or Navy shall receive any extra pay out of any appropriations for surveys.

SEC. 4685. The President is authorized, in executing the provisions of this Title, to use all maps, charts, books, instruments, and apparatus belonging to the United States, and to direct where the same shall be deposited, and to employ all persons in the land or naval service of the United States, and such astronomers and other persons, as he shall deem proper.

SEC. 4686. The President is authorized, for any of the purposes of surveying the coast of the United States, to cause to be employed such of the public vessels in actual service as he deems it expedient to employ, and to give such instructions for regulating their conduct as he deems proper, according to the tenor of this Title.

SEC. 4687. Officers of the Army and Navy shall, as far as practicable, be employed in the work of surveying the coast of the United States, whenever and in the manner required by the Department having charge thereof.

SEC. 4688. The Secretary of the Treasury may make such allowances to the officers and men of the Army and Navy, while employed on Coast Survey service, for subsistence, in addition to their compensation, as he may deem necessary, not exceeding the sum authorized by the Treasury regulation of the eleventh day of May, eighteen hundred and forty-four.

SEC. 4689. The salary of the Superintendent of the Coast Survey shall be six thousand dollars a year.

SEC. 4690. The Coast Survey report shall be submitted to Congress during the month of December in each year, and shall be accompanied by a general chart of the whole coasts of the United States, on as large a scale as convenient and practicable, showing, as near as practicable, the configuration of the coasts, and showing, by lines, the probable limits of the Gulf Stream, and showing, by lines, the probable limit to which the soundings off the coast will extend, and showing, by the use of colors and explanations, the exact portions of our coasts, of which complete charts have been published by the Coast Survey; also, showing such other parts of the coasts of which the triangulation, the topography, and the soundings have been completed, but not published, and, also, such parts of the coasts of which the triangulation and topography, or the triangulation only, have been completed.

SEC. 4691. The Secretary of the Treasury is authorized to dispose of the maps and charts of the survey of the coast of the United States at such prices and under such regulations as may from time to time be fixed by him; and a number of copies of each sheet, not to exceed three hundred, shall be distributed among foreign governments, and Departments of our own Government, and literary and scientific associations as may be designated by the Secretary of the Treasury.

3.-NAVIGABLE RIVERS.*

(Revised Statutes, Title XXXII, chap. 11.)

SEC. 2476. All navigable rivers within the territory occupied by the public lands shall remain and be deemed public highways; and in all cases where the opposite banks of any streams not navigable belong to different persons the stream and bed thereof shall be common to both.

NOTE. The Supreme Court of the United States has defined the waters referred to as follows: "Those rivers must be regarded as public navigable waters in law which are navigable in fact, and they are navigable in fact when they are used, or are sus ceptible of being used, in the ordinary condition, as highways of commerce over which trade and travel are or may be conducted in the customary modes of trade and travel on water. And they constitute navigable waters of the United States, within the meaning of the acts of Congress, in contradistinction from the navigable waters of the States, when they form in their ordinary condition, by themselves or by uniting with other waters, a continued highway over which commerce is or may be carried on with other States or foreign countries in the customary modes in which such commerce is conducted by water." (Treasury Decisions, 1613 in 1873: 4376 in 1880.)

4.-RIVERS AND HARBORS.

(Revised Statutes, Title LXIII.)

SEC. 5244. The Tennessee, Coosa, Cahawba, and Black Warrior Rivers, within the State of Alabama, shall be forever free from toll for all prop erty belonging to the United States, and for all persons in their service, and for all citizens of the United States, except as to such tolls as may be allowed by act of Congress.

SEC. 5245. The assent of the United States is hereby given to any act which the legislature of the State of Alabama may pass for imposing a toll on the use of such parts of the canal or canals which have been, or may be, constructed at or around the Muscle and Colbert's Shoals of the river Tennessee. Such tolls shall be expended exclusively on the canals, and shall not exceed in amount the sum required to keep them in repair, and to defray the expenses of lock-tenders, collectors, superintend ents, and managers. This section shall not affect the exemption of the property of the United States, and all persons in their service, from any toll whatever. An annual report shall be made to the Secretary of the Treasury of the United States, of the rate and amount of tolls charged or collected on said canals, and their application.

*The proprietorship of the soil under navigable waters within the territorial limits of a State belongs absolutely to the State, subject only to the rights surrendered by the Constitution to the general Government.

When lands of that description are needed to enable the general Government to perform its proper functions (as to establish light-houses), it may appropriate them. This it may do, not by virtue of any ownership in the soil, but by virtue of the right of eminent domain. (Opinion Attorney General, July 30, 1879.)

The property of an individual in a bar or other part of the bed of a navigable river is subject to the public right of navigation and to the right of the public to regulate, control, and direct the flow of the water therein, in the interests of navigation, and where the stream is a navi, able river of the United States, the right thus to regulate, control, and direct the flow of water belongs to Congress. Damage resulting to the individual proprietor from the exercise of that right is not a proper subject of compensation. (Opinion Attorney-General, April 27, 1880.)