Title |
No. 15 Original, Brief of Defendant, the State of Utah, 1929 |
Subject |
Mines and mineral resources -- Environmental aspects -- Utah; United States -- Trials, litigation, etc.; Utah -- Trials, litigation, etc.; Utah -- Trials, litigation, etc.; Utah -- Trials, litigation, etc.; Colorado River (Colo.-Mexico); Colorado River (Colo.-Mexico) -- Environmental aspects |
Description |
Testimony given before special master Charles Warren in a suit brought by the United States against the state of Utah over ownership of the bed of the Colorado River. Much of the testimony was given by river runners, scientists and engineers, petroleum geologists, and placer miners. The testimony constitutes an extensive oral history of the men and women who utilized the Colorado River Basin in Utah prior to 1929. |
Publisher |
Microfilm gift of John Weisheit, 1997 |
Date |
1929-10 |
Type |
Text |
Format |
application/pdf |
Source |
Original format: 12 microfilm reels |
Language |
eng |
Relation |
No. 15 Original, Brief of Defendant, the State of Utah, 1929 |
Spatial Coverage |
Colorado; Utah; Mexico |
Rights Management |
Digital image copyright 2003, University of Utah. All rights reserved. |
Holding Institution |
J. Willard Marriott Library, University of Utah; Originals in: Utah State Archives; Salt Lake City, Utah. |
Scanning Device |
Sunrise 2000 Microfilm Scanner |
Scanning Contractor |
iArchives Inc., Orem, UT |
Call Number |
ACCN 1702 |
ARK |
ark:/87278/s69p339m |
Setname |
usa_crc |
ID |
110907 |
Reference URL |
https://collections.lib.utah.edu/ark:/87278/s69p339m |
Title |
Brief of Defendant, 1929, p. 218 |
Format |
application/pdf |
Identifier |
1929-1931-roll12_0464a.jpg |
Holding Institution |
J. Willard Marriott Library, University of Utah Originals in: Utah State Archives; Salt Lake City, Utah. |
Resolution |
Archival TIFF: 3000 x 4600 |
Dimensions |
JPEG: 650 x 1000 |
Bit Depth |
8-bit |
OCR Text |
Show In ( Railroad Raffi-oad Raffioad ) Co . v . ( Fuller Fidler ) 218 17 Wall . 560 , the ( Court Couft ) ( de- de ) fines commerce at page 568 : ( "Commerce Commerce ) is traffic , but it is much more . It embraces also transportation by land and water , and all the means and appliances necessarily employed in carrying it on . " In The Montello , 20 Wall . , at 442 , the Court quotes with approval the statement of Chief Justice Shaw that a ( navi navi- navi ) ¬ gable stream must be commonly useful ( "to to ) some of the purposes of trade or agriculture . " Of course neither Chief Justice Shaw nor the Supreme Court of the United ( States- States States ) intended to limit useful commerce to trade and agriculture any more than the Court in The Montello when it spoke of a navigable river as one capable of being used in trade and ( "travel" travel ) intended to limit valuable navigation of a river to those purposes . When the decision in the case of Holt State Bank was rendered such a vast number of acts had been held to be ( "commerce" commerce "'commerce" commerce ) that it would be idle to attempt to ennumerate them . We cannot conceive of any ( "lawful" lawful ) commerce that is not ( "useful" useful ) commerce . We also are unable to see any difference between useful interstate commerce and useful intrastate commerce , except that the ( former fonner ) is carried on between two or more States or so directly affects commerce thus carried on as to be a part of it , whereas intrastate commerce is confined within the boundaries of a single State . We can suggest no act of useful interstate commerce that would not be useful intrastate commerce if done within the boundaries of a single state without affecting interstate commerce . ( 4 ) There has not yet been any stipulation between counsel as to the date when power boats came into general and customary use . ANCIENT AND EARLY NAVIGATION Complainant stresses the fact that travel to California in the early days was not via the Colorado River . Major Powell made his expeditions between 1869 and 1872 . Until that time there was no accurate information as to the course of the stream . Early travelers coming upon the rivers in Utah would be able to observe that the rivers ran southerly and , if their destination was California , would have no |
Setname |
usa_crc |
ID |
110413 |
Reference URL |
https://collections.lib.utah.edu/ark:/87278/s69p339m/110413 |