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Show Record Frederick S. Dellenbaugh testified upon cross examination 4313 as follows: In selecting the excerpts that are reproduced in Exhibit 620 to 626, inclusive, I sought to cover only the fields of travel and settlement into those various regions. I slected those things 4314 that in my opinion had a bearing upon the matter of settlement. Complainant rests. 4317 The Special Master: I am prepared to make a ruling on the evidence which has been offered by the Government as to conditions on the Grand and the Green Rivers north of the portions of the river involved in this suit. I rule that the evidence offered in that respect has no bearing whatever upon the statute of the State of Utah that has been referred to. That statute, so far as it has any effect at all, has effect in this case only on the particular portions of the river which are in suit. 4318 I rule that, so far as the evidence offered north of the portions of the rivers referred to, is offered with respect to the navigability of those rivers south of the beginning of the locus, it has no relevancy and is not helpful except to a limited extent, that is, possibly as far north as Grey Canyon on the Green River and possibly as far north as Westwater Canyon on the Grand River, unless the Government can prove that the conditions on the rivers north of the locus are exactly the same or practically the same as conditions south of the locus, it has no bearing on the question of navigability, and I do not think the proof is that the conditions are so substantially the same that it is helpful. I do think, however, that the evidence offered is relevant for the purpose of giving the court a picture of the whole river, so that the court may not merely pick up this river at the point which is involved in the suit. I think the court is entitled to have a general picture of the river north of the locus in litigation, and for that purpose only I admit the testimony 617 |