OCR Text |
Show 78 duck hunters and fishermen . In principle there is no difference between a ( fisherman's fishermans ) or a duck ( hunter's hunters ) outfit , when he is ( engaged entraged ) in that occupation for profit , and a ( miner's miners ) outfit . The finding of the court was that the stream in question was nonnavigable and this finding , of course , justifies the conclusion , , that in the opinion of that court , proof of substantial commercial navigation was essential to establish the stream as a navigable one . In Oklahoma v . Texas , 258 U . S . 574 , the ( char- char ) acter of the navigation upon the Red River , as set forth in the ( Court's Courts ) opinion , is supplemented by statements in the Appendix to this brief . In the Appendix only the more important attempts at navigation are included . The record in the case discloses that numerous small boats of all ( descrip- descrip ) tions were used on this river for many years . The use of small boats is not discussed in the opinion of this Court and ( iu in ) all probability for the reason that if the use of the larger boats was not sufficient to ( con- con ) stitute the stream a navigable one , the small boats would contribute nothing additional to the solution of the question of navigability . The first paragraph , page 591 , of the opinion clearly indicates that the trade and travel upon a river sufficient to . characterize the river a navigable stream must be commercial . This Court concludes the ( para- para ) graph with the statement : * * * A greater capacity for practical and beneficial use in commerce is essential to . establish navigability . |