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Show If / 3 6 The statement above quoted follows a discussion of ( vari- vari ) ous ( so-called socalled ) rapids on that stretch of the Colorado River south of Mile 176 above Lees Ferry . . We are in doubt as to its ( mean- mean ) ing . If the Special Master thereby intended merely to ( reiter- reiter ) ate the thought expressed a few lines above in the same ( para- para ) graph : ( "Rowboats Rowboats "Ro-mboats Romboats ) going upstream must ordinarily be dragged or poled up through , but to a motorboat going upstream these rapids form little obstacle except in times of extreme high water / ' or if he intended merely to express the thought that upstream travel by rowing , poling or towing was arduous work , , we have no objection to the statement . If in saying that ( "to to ) navigate upstream successfully requires the use of ( motor- motor ) ( boats" boats ) he intended to say that this stretch of river was not capable or susceptible of being used in its natural and ( ordi- ordi ) nary condition as a highway for upstream commerce with boats propelled by man power only or by sailing , we except to the statement upon the ground that the evidence is ( insuffi- insuffi ) cient to sustain it and because it is contrary to the ( uncontra- uncontra ) dieted testimony of the witnesses for both complainant and defendant who detailed years of actual and successful ( up- up ) stream navigation in boats propelled by man power only . Their upstream navigation required the labor incident to ( tak- tak ) ing boats upstream by man power alone , but such upstream navigation was ( "successful successful ) . " A brief of the facts and law pertinent to the foregoing exceptions and making specific references to those portions of the record upon which it relies will be presented and filed herein by the State of Utah pursuant to order of Court made herein on November 3 , 1930 . Respectfully submitted , , GEORGE P . PARKER , , Attorney General of the ( Sta Stc ) & te of Utalt . WALDEMAR VAN COTT , , GEORGE D . ( PAEKINSON PARKINSON ) , WILLIAM A . HILTON , , P . T . FARNSWORTH , , JR . , Attorneys for Defendant , , The State of Utah . . |