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Show other than for duck boats ( 14G 1.4-6 ) and punts for ( hunting lilinting ) and fishing ( p . 557 ) . However , ( some sonic ) of the ( prop prop- prop ) erty adjacent thereto liad been acquired by the Standard Oil Company and on a few occasions power boats and scows of light draft were taken up through the San Pablo Creek or Canal and ( eii- eii ) tered this ( channel cliannel ) on flood tide ( canyiug carrying ) supplies to the Standard Oil Company but it was found that , excepting periods of high tide , it was ( imprac imprac- imprac ) ticable to use the channel for ( navigation na-Nigation naNigation ) without deepening it . The Circuit Court of Appeals for the Sixth ( Cir Cir- Cir ) cuitl in the case of Toledo Liberal Shooting ( Com- Com Cont- Cont ) ( partly pawy ) v . Erie Shooting Club , 90 Fed . 680 , speaking through Circuit Judge ( Lurton Luxton ) , and concurred in by Circuit Judge Taft , said ( page 682 ) : At no time is the greater part of this marsh susceptible of supporting ( "com com "com- com ) ( merce" merce ) in any reasonable sense of the term . That the water stands permanently , and that it has a deep ( opening openiug ) into Lake Erie , does not establish that this ( shallow shalloiv ) body of ( water watel ) is capable of sustaining commerce , or is burdened with a public use . It is nothing more or less than a marsh opening into the lake . To be navigable in law , it must be navigable in fact ; that is , capable of being used by the public as a highway for the transportation of commerce . None of the characteristics of ( commercial connnercial ) navigability are shown here . It is the natural feeding ground of the duck and other |
