OCR Text |
Show 105 6292 4283 Offer his proof, and we would stipulate the witness would so testify if called. THE SPECIAL MASTER: What did you say there? MR. FARNSWORTH: I say, if your honor should Overrule our objection, then it will be unnecessary for coun-sel to call his witness, and we will stipulate as indicated in the stipulation, subject to our objection. if your honor sustains the ob-jection, then counsel for he purpose of making his record need not call the witness. but we wouls stipulate if called he would so testify, in order to enable counsel to make his record with-out calling the witness. THE SPECIAL MASTER: Is that satisfactory to you, Mr. Blackmar? MR. BLACKMAR: I think that is satisfactory. THE SPECIAL MASTER: Well, I have been considering this questions since it was informally discussed at the close of yesterday's session, and I am clear that the fact that various parties may have located claims on these rivers has no relevancy to the question of the ownership of the bed of the river, except to this extent, and I think that the evi-dence is admissible under very narrow limitations, as the question of navigability depends no only on the physical use of the river, but on its potential ar actual use for commerce in a useful way. |