| OCR Text |
Show earlier cases , that the United 226 States is without power to either retain or alienate title to the shore or beds of navigable waters . However , it is still the well settled law , as announced in United States v . Holt State Bank , supra , and other caes , that ( "disposals disposals ) by the United States ( during1 during ) the territorial period are not lightly to be inferred , and should not be regarded as intended unleqt the intention was definitely declared or otherwise made very plain . ( 1' " ) In view of the oft repeated statement of the Supreme Court that the title and dominion over navigable waters and their beds located outside the boundaries of existing States are held ( "in in ) trust for the future ( States' States States" States ) and that every presumption will be indulged against any intent to deprive the new States of title and dominion over them , we believe it very clear that a mere presidential proclamation could not effect such ( alienation alienatio-1-1 alienatio11 ) , however clear its terms might be . But the proclamation here in question is so vague and ( un- un ) certain that it seems obvious that it could in no manner affect the matter in issue between the parties . That such was the view of Complainant and its Solicitor General when this suit was instituted is placed beyond , controversy by the ( following follDwing ) language appearing in the statement in support of the motion for leave to file the Bill of Complaint herein : ( "Whether Whether ) it ( the United States ) is the owner of the beds of these streams depends on whether they are navigable , and that , in turn , presents a question as to what test of navigability is to be applied . " The allegations of the Bill of Complaint are directly responsive to the above quoted statement and ( Complainant's Complainants ) Exhibit No . 71 is irrelevant unless it is held to have some bearing on the question of navigability . DISCLAIMER IN UTAH CONSTITUTION . We have already discussed the question of the effect of Utah statutes , which is adverted to under Subdivision XII , on pages 194-6 , of ( Complainant's Complainants ) brief . Complainant there refers to Section 2 of Article 3 of the Utah ( Constitu- Constitu ) ( tion tiDn ) and to the Utah Enabling Act ( 28 Stat . 107 ) . The section of the Enabling Act referred ( to -to to ) , wherein the people of Utah are required to disclaim and pursuant to which in |
