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Show Record helped me in listening to the direct examination. Mr. Blackmar: All of the experts upon the subject of transportation, whether it is river or railroad transportation. base whatever conclusions they have on the subject on commerce be-tween various termini. You have to have a place to start with your transportation, and you have to have an objective; in this case at 4705 the mouth of the San Rafael there is no terminus and no objective whatever. There is no object in going to the mouth of the San Rafael. So that transportation upon the Green River, either up or down the Green River, must start at the town of Greenriver, Utah, and in order to work out the transportation you have got to carry the operation of your boats clear up to the logical terminus, and of course we have no evidence here of the conditions at the mouth of the San Rafael, how you get down there, and the terrain and the surrounding territory, and as I view the case it is absolutely be-yond any thought that there ever will be a town at the mouth of the San Rafael, so you are driven to Greenriver. 4707 Mr. Farnsworth: It is our theory that the question of existing navigability, except as the fact that boats have gone over it may be evidence of navigability, is not material. I do not 4708 think it is necessary to show that commerce has ever gone over a body of water in order to establish its navigability. If it is the language of the Supreme Court in every case, I think, where they have stated the rule, contains an awful lot of surplusage. They have always taken pains to say, " or susceptible of navigation." 4709 Jesse M. Branson testified for defendant on direct examination as follows: 4710 I reside at Beaver, Utah. My father was at one time engaged in the saw mill and lumber business, and so was I, on the Lasal Mountains in Grand County, Utah. I am 52. During the period of our operations on the Lasal Mountains I did supply the Moab country with lumber and the Colorado River was used by us in delivering that lumber to Moab. The portion 686 |