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Show 5986 431 3989 pose it would be necessary to argue it until we get through. But I think the pleadings are very clear on that question. That is, we have got to try this case with reference to the issue. And there may be expressions in cases that the Court has decided which involve a question of interstate commerce which would not be applicable in a case which involves the navigability of a river within a state. In other words, supposing that this was a case in a State Court, and the only question was, " Is this river navi-gable or not?" Now, there is much evidence that would not be admissible in such a case that might be admissible in a case in the Federal Court, where the issue was, " Is this river an interstate river or not?" Now, I am open to argument on the question. Mr. Blackmar: My thought about that is this: That in determining any of these questions of navigation on ariver, it is impossible to determine that question by evidence as to the character of the river which is in the immediate district which is under question. You cannot intelligently determine the navigability without an examination of the river as a whole; that appears in the Red River case, where they con- |