16 U.S.C. § 374 — Taking or use of or bathing in water in violation of rules and regulations

submitted 122 years ago by ch. 1400 to r/title-16-CONSERVATION · 252 words · no verdicts yet

in plain englishAI-generated · not legal advice

It's a misdemeanor to enter the Hot Springs tract, or to take, use, or bathe in its spring water, without following the Secretary of the Interior's rules — including proving you're a patient of a properly registered doctor if that's your reason for being there. Violators face a fine up to $100 plus costs. A doctor who solicits patients through touts can't stay registered, and a doctor who improperly permits someone to bathe is liable too, unless the bathing person had reason to know the doctor wasn't properly registered.

Anyone who enters or tries to enter the described tract, or takes, uses, or bathes (or tries to) in the water of a spring located there, without following the Secretary of the Interior's rules, is guilty of a misdemeanor — unless they present satisfactory proof, when required, that they are a patient under treatment by a physician properly registered at the Hot Springs National Park superintendent's office as qualified, under the Secretary's rules, to prescribe use of the Hot Springs waters. On conviction, the fine is up to $100, plus all costs of the proceedings. A physician who solicits patients through "drummers" (touts) or similar means cannot stay registered, or become registered. If a person bathes or tries to bathe, or enters or tries to enter the tract, using a permit from a physician, that physician is liable for the same penalties described here — unless the physician is properly registered. But the person who received that permit is not liable for these penalties, unless it's shown that they knew, or had reason to believe, that the physician who gave them the permit was not properly registered.

the actual law source: uscode.house.gov ↗public domain

Any person who shall, except in compliance with such rules and regulations as the Secretary of the Interior may deem necessary, enter or attempt to enter upon said tract, take, or attempt to take, use, or attempt to use, bathe in, or attempt to bathe in water of any spring located thereon, or without presenting satisfactory evidence that he or she (provided he or she is under medical treatment) is the patient of a physician duly registered at the office of the superintendent of the Hot Springs National Park as one qualified, under such rules which the Secretary of the Interior may have made or shall make, to prescribe the waters of the Hot Springs, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be subject to a fine of not more than $100, and be adjudged to pay all costs of the proceedings. No physician who shall engage in the solicitation of patronage through the medium of drummers, or otherwise, shall be or remain thus registered. If any person so bathing, or attempting to bathe, or so entering, or attempting to enter upon the described tract, shall have the permit of a physician, such physician shall be liable to the penalties of this section, unless he be regularly registered; and such person shall not be liable to the penalties of this section, unless it shall be made to appear that he knew, or had reason to believe, that the physician giving him such permit was not regularly registered.

Source credit: (Apr. 20, 1904, ch. 1400, § 4, 33 Stat. 188; Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1407.)

history & why it existsrecord from the source credit

1904Enacted · Act of Apr. 20, 1904, ch. 1400 · 33 Stat. 188
1921Amended · Act of Mar. 4, 1921, ch. 161 · 41 Stat. 1407

A history note hasn’t been published yet. The record shows enactment by ch. 1400 on 1904-04-20.

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