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Show 5425 Yokey- C 3438 river has been ascended or descended with boats of different types, and it appears he has taken contracts, or a contract to carry supplies down the river. The question is whether he would refrain from tak-ing other contracts to take freight and passengers down the river. That is substantially your question, isn't it? MR. FARNSWORTH: I think so. THE SPECIAL MASTER: Why doesn't that help somewhat on the issue of the possibilities of this river for commercial purposes? The man has already taken one contract for commer-cial purposes. I realize from your standpoint it may be important to insist on your objection, but do not really fully see the basis of your objection that it is not relevant. MR. BLACKMAR: Of course, as I see the question of these rivers turning on the question of navigation is a matter of commerce. Until Mr. Farnsworth establishes some place to go and something to take, there is no commerce. THE SPECIAL MASTER: That can not possibly be, Mr. Blackmar. Take a river up in the Hudson Bay territory, where there is no city or no town or no camp or anything. That river, under the definition of the Supreme Court, may have a potentiality for navigation which may establish it as a navigable river in law. Therefore the mere fact there |
