...which in general terms was similar to the existing law, act of March 3, 1899, used this language: "That the creation of any obstruction, not affirmatively...to the navigable capacity of any waters in respect to which the United States has a jurisdiction, is prohibited." * * * "It is not a prohibition of any...

...the act of Congress of September 19, 1890 (26 Stat. 454) : That the creation of any obstruction * * * to the navigable capacity of any waters, in respect...United States has jurisdiction, is hereby prohibited. The proceedings thus instituted terminated in the decision of the Supreme Court of the United States...

...contended that the words of the act of September 19, 1890, which forbids "the creation of any obstructions not affirmatively authorized by law, to the navigable...respect of which the United States has jurisdiction," must be construed to mean physical obstructions only by the navigable streams. The Supreme Court of...

...Grande Dam and Navigation Company (1899), 8 in construing the Rivers and Harbors Act of 1890 prohibiting "the creation of any obstruction, not affirmatively...respect of which the United States has jurisdiction," held that Congress could control the erection of structures in nonnavigable tributaries which might...

...that It was not superseded so far as It related to the continuance of obstructions. It provided that: "The creation of any obstruction, not affirmatively...authorized by law, to the navigable capacity of any waten. In respect of which the United States has Jurisdiction, Is hereby prohibited. The continuance...

...intention, however, Congress in the act of September 19, 1890, had prohibited the creation of obstructions to the navigable capacity of any waters in respect of which the United States has jurisdiction; and this was held, without disturbing the prior statutes regarding the appropriation of nonnavigable...

...river and harbor act of August 18, 1894.) Unlawful obstructions forbidden and penalties prescribed. — 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...

...although not navigable themselves, are tributaries of navigable interstate rivers to the extent that "the creation of any obstruction, not affirmatively...to the navigable capacity of any waters, in respect to which the United States has jurisdiction, is prohibited." (See section 10 of the Rivers and Harbors...

...of June 25, 1938, 52 Stat. 1040, see 33 USC 683. control. The 1890 River and Harbor Act prohibited the creation of any obstruction, not affirmatively...any waters in respect of which the United States has jurisdiction.13 It also declared unlawful the building of structures in navigable waters, without the...

...of June 25, 1938, 52 Stat. 1040, see 33 USC 683. control. The 1890 River and Harbor Act prohibited the. creation of any obstruction, not affirmatively...any waters in respect of which the United States has jurisdiction.18 It also declared unlawful the building of structures in navigable waters, without the...