OCR Text |
Show Kolb- D 774 is the non- navigability of this river south of Greenriver, Utah. Nothing further has to be proved in this case. As to whether evidence of conditions north of that point have any material bearing or not, it seems to me much depends on how far north they are, and how far the conditions can be proved to be exactly the same from the northern points and down to the point where you begin. In other words, all the government has to prove in this case, and all it alleges in the non- navigability of the river from south of Greenriver. Now, if the defendant in its pleadings has alleged something more than it was obliged to do, I do not see that has any bearing on the government's duty. MR. BLACKMAR: Possibly not, except for this reason, that we don't know what rights they claim under this statute, and we don't know what rights the Supreme Court will give them under that statute. Now, when it comes to considering whether or not that is a valid statute -- and the state legislatures of some states have passed similar statutes and have had remarkably good luck with it -- I think we have got to have the situation of the Green river entirely before the court. THE SPECIAL MASTER: So far as the statute, I don't know anything about it, -- there is no statute referred to in the pleadings, so I may be anticipating what will be produced by the defendant; but if there is a statute of the state of 2742 |