letterheads and noteheads, printed in the course of manufacture. Sec 2, aet of June 30, 1906 (34 Stat. 762), making appropriations for civil expenses; U. S. C. 31: 588.

No printing shall be done for the executive departments in any fiscal year in excess of the amount of the appropriation, and none shall be done without a special requisition, signed by the chief of the department and filed with the Public Printer. Sec. 89, act of Jan. 12, 1895 (28 Stat. 622); U. S. C. 44: 213. The second paragraph of this section superseded that part of R. S. 3802 which prohibited the execution of any printing or binding for departments in excess of the appropriation; also a provision of act June 3, 1874 (18 Stat. 204), that the Congressional Printer should print, upon the order of the heads of the executive departments, respectively, only such limited number of the annual reports of such departments, and necessary accompanying reports of subordinates, as should be deemed necessary for the use of Congress; and also provisions of act Aug. 5, 1892 (27 Stat. 388), similar to the ones in this section, prohibiting printing and binding in excess of the allotments, and the printing of the bureau reports.

1838. Same; appropriation for War Department printing.-For printing and binding for the War Department, its bureaus and offices, and for all printing and binding for the field activities under the War Department, except such as may be authorized in accordance with existing law to be done elsewhere than at the Government Printing Office, $475,000: Provided, That the sum of $3,000, or so much thereof as may be necessary, may be used for the publication, from time to time, of bulletins prepared under the direction of the Surgeon General of the Army, for the instruction of medical officers, when approved by the Secretary of War, and not exceeding $63,522 shall be available for printing and binding under the direction of the Chief of Engineers. Act of Feb. 28, 1929 (45 Stat. 1350), making appropriations for the War Department; U. 8. C. 44: 292.

Section thirteen of the river and harbor appropriation act approved July twenty-fifth, nineteen hundred and twelve, which authorizes the payment for printing of matter relating to river and harbor works from river and harbor appropriations, is repealed, and hereafter such printing shall be done and paid for out of regular annual appropriations for printing and binding for the War Department. Sec. 1, act of July 1, 1916 (39 Stat. 330), making appropriations for works on rivers and harbors; U. S. C. 33: 557.

A provision similar to the first paragraph of this section has appeared in prior appropri ation acts.

1839. Same; payments to Public Printer.-During the fiscal year 1930 any executive department or independent establishment of the Government ordering printing and binding from the Government Printing Office shall pay promptly by check to the Public Printer upon his written request, either in advance or upon completion of the work, all or part of the estimated or actual cost thereof, as the case may be, and bills rendered by the Public Printer in accordance herewith shall not be subject to audit or certification in advance of payment: Provided, That proper adjustments on the basis of the actual cost of delivered work paid for in advance shall be made monthly or quarterly and as may be agreed upon by the Public Printer and the department or establishment concerned. All sums paid to the Public Printer for work that he is authorized by law to do shall be deposited to the credit, on the books of the Treasury Department, of the appropriation made for the working capital of the Government Printing Office, for the year in which the work is done, and be subject to requisition by the Public Printer. Sec. 1, act of Feb. 28, 1929 (45 Stat. 1401), making appropriations for legislative branch; U. S. C. 44: 120.

A similar provision has appeared in prior appropriation acts.

1840. Departmental printing authorized; annual reports of heads of departments.-* * * of the annual report of the head of the department without appendices there may be printed in any one fiscal year not to exceed five thousand copies, bound in pamphlet form; and of the reports of chiefs of bureaus without appendices there may be printed in any one fiscal year not to exceed two thousand five hundred copies, bound in pamphlet form: Sec. 89, act of Jan. 12, 1895 (28 Stat. 622); U. S. C. 44: 213.

Number and size of special reports. This of department bureau chiefs, when such section authorizes the printing of 2,500 printing is directed by the head of a decoples of special as well as annual reports partment. (1905) 25 Op. Atty. Gen. 377.

1841. Same; river and harbor documents.-All reports on examination and survey which may be prepared during the recess of Congress shall, in the discretion of the Secretary of War, be printed by the Public Printer as documents of the following session of Congress. Sec. 8, act of Mar. 4, 1913 (37 Stat. 826); U.S. C. 33: 556.

This was a joint resolution to prevent unnecessary printing and binding and to correct evils in the present method of distribution of public documents.

1842. Same; service publications.-* That hereafter the head of any executive department, independent office, or establishment of the Government is hereby authorized, with the approval of the Director of the Bureau of the Budget, to use from the appropriations available for printing and binding such sums as may be necessary for the printing of journals, magazines, periodicals, and similar publications as he shall certify in writing to be necessary in the transaction of the public business required by law of such department, office, or establishment: Provided, That there may be printed, in addition to those necessary for such public business, not to exceed two thousand copies for free distribution by the department, office, or establishment issuing the same: Sec. 1, act of May 11, 1922 (42 Stat. 541); U. S. C. 44: 220.

Notes of Decisions

Publication to which applicable.-Pro

under this section. (1923) 34 Op. Atty.

posed yearbook of the Department of Com- Gen. 15. merce is a periodical, or similar publication

1843. Same; two or more editions.-* And provided further, That the number of copies of any public document or report now authorized to be printed or which may hereafter be authorized to be printed for any of the executive departments, or bureaus or branches thereof, or independent offices of the Government may be supplied in two or more editions, instead of one, upon a requisition on the Public Printer by the official head of such department or independent office, but in no case shall the aggregate of said editions exceed the number of copies now authorized, or which may hereafter be authorized: * Public resolution of Mar. 30, 1906 (34 Stat. 826); U. S. C. 44: 224. 1844. Same; restricted to ordinary business.-Hereafter no book or document not having to do with the ordinary business transactions of the executive departments shall be printed on the requisition of any executive department or unless the same shall have been expressly authorized by Congress. Sec. 1, act of Mar. 3, 1905 (33 Stat. 1249); U. S. C. 44: 219.

CHAPTER 33

RIVERS, HARBORS, AND WATERWAYS

1845. Navigable waters; regulations in general.—That it shall be the duty of the Secretary of War to prescribe such regulations for the use, administration, and navigation of the navigable waters of the United States as in his judgment the public necessity may require for the protection of life and property, or of operations of the United States in channel improvement, covering all matters not specifically delegated by law to some other executive department. Such regulations shall be posted, in conspicuous and appropriate places, for the

information of the public; and every person and every corporation which shall violate such regulations shall be deemed guilty of a misdemeanor and, on conviction thereof in any district court of the United States within whose territorial jurisdiction such offense may have been committed, shall be punished by a fine not exceeding $500, or by imprisonment (in the case of a natural person) not exceeding six months, in the discretion of the court. Sec. 4, act of Aug. 18, 1894 (28 Stat. 362), as amended by sec. 7, act of Aug. 8, 1917 (40 Stat. 266); U. S. C. 33: 1.

That any regulations heretofore or hereafter prescribed by the Secretary of War in pursuance of the fourth and fifth sections of the River and Harbor Act of August eighteenth, eighteen hundred and ninety-four, and any regulations hereafter prescribed in pursuance of the aforesaid section four as amended by section eleven of this Act, may be enforced as provided in section seventeen of the River and Harbor Act of March third, eighteen hundred and ninety-nine, the provisions whereof are hereby made applicable to the said regulations. Sec. 6, act of June 13, 1902 (32 Stat. 374); U. S. C. 33: 1, 499.

Sec. 5, act of Aug. 18, 1894, mentioned in this section, authorizing the Secretary of War to prescribe regulations for drawbridges over navigable waters, and prescribing a penalty for violation thereof, is set forth 1879, post.

Sec. 17, act of Mar. 3, 1899, also mentioned in this section, prescribed the duties of the Department of Justice in enforcing regulations relating to navigable waters, authorized by several sections of said act (30 Stat. 1153).

Notes of Decisions

Validity of statute.-Paragraph 1 of this section is not invalid as a delegation of legislative power. U. S. v. Ormsbee (D. C. 1896), 74 Fed. 207; U. S. v. Moody (D. C. 1908), 164 Fed. 269.

Prohibited uses of canals of United States. Regulations made pursuant to paragraph 1 of this section have the force of law, so that persons violating the same by drawing off water from a canal are subject to criminal punishment under the act. U. S. v. Ormsbee (D. C. 1896), 74 Fed. 207. Paragraph 1 of this section impliedly forbids the use of canals owned by the United States, under penalty of criminal prosecution, except in compliance with rules and regulations made by the Secretary of War. U. S. v. Moody (D. C. 1908), 164 Fed. 269. It is unnecessary to set out regulations made by an executive department in pursuance of authority delegated by Congress in an indictment for their violation or to specify the particular rule violated. Id.

Control and supervision by Secretary of War. The control and supervision of the navigable waters of the United States is placed in the Secretary of War. (1897) 21 Op. Atty. Gen. 518.

While the phrase "regulations for the use, administration, and navigation of navigable waters of the United States" is general and inclusive, it is restricted by the phrase "covering all matters not specifically delegated by law to some other department." (1922) 33 Op. Atty. Gen. 203.

Navigability in general.-A stream running into the sea, and in which the tide

ebbs and flows, is "navigable water." U. S. v. President, etc., of Jamaica & R. Turnpike Road (C. C. 1910), 183 Fed. 598; reversed (C. C. A. 1913) 204 Fed. 759.

But tidal channels are navigable in law only when they are navigable in fact for trade and commerce by craft of some kind. State v. Pacific Guano Co. (1884), 22 S. C. 50; rehearing denied (1886), 24 S. C. 598. And the doctrine of the common law as to the navigability of waters has no application in this country. Here the ebb and flow of the tide do not constitute the usual test, as in England, or, indeed, any test at all, of the navigability of waters. The Daniel Ball (1870), 77 U. S. (10 Wall.) 557.

A river which is navigable in fact is navigable in law. Genessee Chief (1851), 12 How. 443; Diana Shooting Club v. Husting (Wis. 1914), 145 N. W. 816.

In order to be a navigable stream It is not necessary that the waters shall be deep enough to admit the passage of boats at all portions of the stream. St. Anthony Falls Water Power Co. v. Board of Water Commissioners of City of St. Paul, Minn. (1897), 168 U. S. 349.

As to navigability, see Charleston & S. Ry. Co. v. Johnson (1884), 73 Ga. 306; State v. West Tennessee Land Co. (Tenn., 1913), 158 S. W. 746.

Streams capable of being used for the purpose of carrying boats, passengers, freight, floating logs, timber, wood, or any other product to market are navigable. The