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Show 147 6334 4325 it has said that a stream is navigable where it is being navigated, or is susceptible of use as a highway for trade and travel. That sort of navigation has existed ever since the white man came. We will try to be as brief as we can in putting in our case, and I think after the evidence is all in that the soundness of the contentions of the state in this case will be more manifest even than are now. THE SPECIAL MASTER: There is one point neither the state nor the government has touched upon in opening, the possible question of law involved -- and I wish counsel would give it some consideration, because it may need some careful thought on the subject -- how far under the definition laid down by the court the susceptibility of the river for useful trade practices? As one of the elements of navigability means susceptibility for use of trade up as well as down the river. I wish counsel would consider that rather carefully. The court doesn't seem to have passed on that question, at least it has not been called to my attention, if it has. MR. FARNSWORTH: The matter of resources, I may |