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Show 5426 Yokey- C 3437 does not at present or in 1896 exist any point to which com-merce could have been or could now be directed, does not necessarily decide that the river is not navigable, because in all the cases the potentiality of navigability is insisted upon by the court. And as a matter of fact, of course, all this evi-dence of actual navigation since 1896 is only admissible, as I see it, as bearing upon its potentiality of navigation in 1896, when the state of Utah was admitted. Do you disagree with that statement of the law? I am not making any final ruling on that until I hear your final argument. That is as I understand the law at the present moment. MR. BLACKMAR: I think the potentialities have a good deal to do with it. THE SPECIAL MASTER: Very much to do with it. MR. BLACKMAR: But potentialities always, in every case ever passed on, have been tested upon a history of navigation at some time in the past, and every river in Canada which is now navigable or which ever will be declared navigable has a history today or two hundred years of trans-portation on it. THE SPECIAL MASTER: I merely used that as an illus-tration, but this case may possibly present one feature of law that has not appeared in other cases. It is conceivable that |