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Show 7543 5521 question. And independent of that lack of authority. I am convinced that the question whether this river could be navigated by boats in general or by any particular type of boat, one hundred tons or otherwise, in case the river should be improved subsequent to 1896, is absolutely immaterial. The issue in this case is, was that river in 1896 susceptible of navigation in its natural conditions, and whatever anybody may say or think or express an opinion as to how it might have been navigated if the river had been improved, or if it had been in some different condition than it was in 1896, is absolutely irrelevant and immaterial. And if Mr. Blackmar as counsel for the government wishes to make a motion to strike out that portion of the testimony of Mr. Wolverton relating to possibilities in case of improvement, I shall so direct that it shall be stricken out. I will go further, and say if counsel for the government does not make such a motion, I will take the responsibility myself as Special Master on further consideration of that testimony of striking it entirely from the record; and under those circumstances, so far as any deposition is desired to be taken in rebuttal of that portion of Mr. Wolverton's testimony, I think the deposition will be equally as irrelevant as the testimony its self. Now, what is there in the Army Report of 1909 that |