| OCR Text |
Show 6714 4703 It conclude with this language: ( Reads:) " But the Green and Grand rivers are not navi-gable waters of the United states, But of the States of Utah only." Therefore, in view of that situation, the absence of interstate commerce and the fact that without improvement they are navigable and there is no serious impediment to using the rivers for any commerce that is in view at the time of the re-port or immediately in view, they do not think that Congress should spend any money in improving navigability. THE SPECIAL MASTER: Of course, officers of the War Department have no official duties to express an opinion on whether water is navigable, water of the state of Utah. Their official duties are confined simply to expressing opinion as to whether it is a navigable water of the United States. But so far as their report is a report of facts, it is entirely relevant. Their opinion as to whether water is a navigable or not a navigable water of the state of Utah of course has no bearing on the case, because they are not charged with any official duty to express an opinion. MR. FARNSWORTH: I think that is equally true, your Honor, as to interstate commerce. I think it is to re-port conditions. |
