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Show 3273 Dent 1298 in depth. Q Supposing it was never dredged? A Then in low water around three feet would be the maximum depth over I some of those bars between Kansas City and the mouth. THE SPECIAL MASTER: Of course, gentlemen, in this case I understand the issue is, what was the state of this river in 1896; and the rights of the parties, if I understand, vested as of that date. I right in my understanding? MR. FARNSWORTH: I think the rights of the parties vested as of that date. THE SPECIAL MASTER: That is, if it were navigable in 1896, the state of Utah on being admitted to the Union in that year was vested with the title to the bed, as I under-stand the law to be, and any change since 1896 could not divest the state of the title which it had once obtained, as I understand. I am merely saying this tentatively -- I am not making. any ruling. So I understand any testimony in this case on this particular issue of facts, since 1896 is merely relative, showing what the condition was, or probably was, in 1896. If the issue was the question of the power of Congress over navigable streams, then it is true a stream once navigable may become non- navigable and deprive Congress of the power to |