United States v. M. H. Bigan

HASTIE, Circuit Judge.

This controversy is of federal cognizance because it is a suit by the United States. 28 U.S.C. § 1345. The wrong-alleged is the obstruction of a navigable-stream in violation of Sections 10 and 13 of the Rivers and Harbors Act, 33 U.S. C.A. §§ 403, 407. The government also-contends, though we do not find it necessary to decide, that, apart from the statute, the physical obstruction of commerce-is an actionable civil wrong. The relief sought is a mandatory injunction requiring the removal of the obstruction in question, as said to be authorized by Section 12 of the Rivers…