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Show 494 to testify. One of the issues in this once in determining the legal question of navigability is its capacity for useful, commercial, purposes. I think it is relevant to the issue to know how other rivers with a similar gradient and amount of sand have been used in the experience of this witness. " The Supreme Court itself, in its opinion, very frequently compares conditions of the river in question with other rivers within the knowledge. " I think the question is advisable. " R. 1245- 1246. ( Exception. R Vol. 1 - p. 1246.) " A. No. " R. 1247. " THE SPECIAL MASTER: I shall interpret that answer as not meaning navigable in law, but simply navigable for the purposes of Congress, within his knowledge. " R. 1247. [ BY THE SPECIAL MASTER]. " Q. Let me thoroughly understand. You are not attempting to answer the question whether these other rivers were navigable in law, within the meaning of law, are you? " A. No sir. " R. 1247. [ THE SPECIAL MASTER] " My question is whether you are simply stating that you know of no river on which commerce is carried with the characteristics referred to in Mr. Blackmar's question. " Is that what your answer means? " A. Yes, sir, that is what it means. " R. 1247. [ BY MR. BLACKMAR] " Q. Colonel, turning to these words, ' Commercial navigation', which I used, in your opinion |