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Show 357 is hardly necessary to go into descriptions. It has ruled that certain other rivers were non- navigable. Now, in testing a river as to which it has not yet ruled, I can conceive that it might be of very great assistance to know how far the conditions on this river were similar to the conditions on the Snake River, or how far they were similar to conditions on the Rio Grande north of El Paso, those being two rivers as to which the Court has ruled one way or the other. But I am not prepared to say whether, over your objection, that evidence would be received or not. But what we are here for is to give what assistance we can to the Court. And I would suppose that it would be of considerable assistance to the Court to have some idea as to how this river compared, in general characteristics with, for instance, the Snake River, or the Rio Grande, or the Arkansas. But it may be that other evidence will be sufficient. Mr. Farnsworth: I think if that evidence were admitted, we would prefer to spend any money we spend in that direction toward producing evidence on the Sacramento River. The Special Master: Yes. I merely mentioned those rivers as examples of the rivers on which the Court has ruled one way or the other. It has ruled as to the Sacramento. Mr. Blackmar: Do you recall the case in which the Platte was held non- navigable? 2322 |