OCR Text |
Show are set forth . It there appears 214 that in its natural and ordinary condition the lake was from three to six feet deep . Mud River traversed it in such a way ( that tliat ) the lake might well be characterized as an enlarged section of the river . Early visitors and settlers used the river and lake as a route of travel , ( "employing employing ) the small boats of the period for the purpose . The country about had been part of the bed of the glacial Lake Agassiz and was still swampy , so that waterways were the only dependable routes for trade and travel . " Mud River , after passing through the lake , connected with a ( navi- navi ) gable water route . The river and lake had been used by merchants in two settlements in sending out for and bringing in supplies . The Court says , at page 57 : ( "True True ) , the navigation was limited , but this was because trade and travel in that vicinity were limited . " Continuing its statement of the facts , the Court says , at page 57 : ( "In In ) seasons of great drought there was , ( diffi diffi- diffi ) ¬ culty in getting boats up the river and through the lake ; but this ( ww- ww ) exceptional , the usual conditions being as just stated . Sand bars in some parts of the lake prevented boats from moving readily all over it , but the bars could be avoided by keeping the boats in the deeper parts or channels . Some years after the lake was meandered , vegetation such as grows in water got a footing in the lake , and gradually came to impede the movement of boats at the end of each growing season , but offered little interference at other times . Gasoline motor boats ( were vere ) used in ( sur- sur ) veying and marking the line of the intended ditch through the lake and the ditch was excavated with floating dredges . ( "Our Our ) conclusion is that the evidence requires a finding that the lake was navigable within the ( ap- ap ) proved rule before stated . " At page 56 the ( well-settled wellsettled ) law is thus reiterated : ( "The The ) rule long since approved by this court in applying the Constitution and laws of the United States is that streams or lakes which are navigable in fact must be regarded as navigable in law ; that they are navigable in fact when they are used , or are |