| OCR Text |
Show Kolb- D 777 consume very much time, and let it be received subject to the objection. THE SPECIAL MASTER: If your only reason for wanting to put in evidence as to the conditions on this river north of Greenriver is simply to meet any position which the defendant may take under that statute, I think you can give a general description; but if you are trying to prove that this river is non- navigable below Greenriver because you may have evidence that it is non- navigable above Greenriver, then I do not admit it, for that purpose. MR. BLACKMAR: Iunderstand that. That is not my position on it, your Honor. THE SPECIAL MASTER: Have you any objection to that going in without too much detail, then? MR. FARNSWORTH: I am willing that the suggestion of counsel be adopted that he just made, that he is not going to take a great deal of time on it, that it may go in subject to our objection to the question, of its admissibility, of its relevancy. THE SPECIAL MASTER: I am ready to rule now that it is not relevant to the issue whether this river is navigable south of Greenriver, but I am not prepared to make any ruling on the admissibility of this evidence in connection with any point that you may raise as to the effect of the Utah statute. MR. FARNSWORTH: Then it is agreeable to let it go in 2745 |
