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Show ( water-borne waterborne ) commerce 149 is important , ( where whdke- whdke ) '- the evidence shows that there is commerce in esse or in posse to be conducted , it is of no significance where the facts establish not merely that there is no commerce and has been no commerce , but in all probability there will in fact never be any , and this they say they have affirmatively established . Plaintiffs say that the ( rule Tule ) has never been better stated than in Harrison v . ( lite Fite ) ( ( 0 C ) . ( 0 C ) . A . ) 148 F . 783 , quoted with approval in North American Dredging Co . ( v -v v ) . ( Mintser Mintzer ) ( C . 0 . A . ) 245 F . 297 , 309 . That plaintiffs are right in insisting , where a stream has never been impressed with the character of navigability by past use in commerce , that ( commerce conmerce ) actually in esse or at least in all reasonable possibility in posse is essential to navigability , I think can not be doubted . The case is also important because it deals with future capability of navigation upon a stream on which ( no -no no ) navigation existed or ( had bad ) existed prior to the trial of the case . The case was ( affirmed affiTmed ) in 31 P . ( 2d ) 109 . In Economy Light & Power Co . v . United States , 256 U . S . 113 , the court had under consideration . the navigability of the Desplaines River . The court applied the test of navigability laid ( down dovn ) in The Daniel Ball and ( The Tke ) ( Montello 11fontello ) , but that river ( had bad ) behind it 150 years of history as a navigable stream and had been regularly and commercially used for trade ( arid ahd ) travel . The history of the ( navigation na-vigation navigation ) of |
