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Show 1113 testify in the case who was familiar with the rivers as to which the Supreme Court had held specifically in relation to the question of navigability. [ R. 2620] " I wish to withdraw that suggestion and remarks which I made on pages 354 and 355 of volume 3 of the testimony. I have since gone over those cases with greater care, and I am satisfied there is sufficient evidence, reported in those decisions to enable the Supreme Court to compare the conditions on those rivers with the conditions which I may find to prevail on this river. Therefore, I withdraw the suggestion that I made, and in that connection I am prepared to rule now that Exhibit 34 offered in evidence by the plaintiff, being a comparison made by Mr. Hoyt with certain other rivers, it inadmissible as being not relevant to the issue here, the exhibit not containing sufficient other facts to make it pertinent to the question involved in this case. " MR. BLACKMAR: I think perhaps for the record we better note an adjournment to the meeting at Salt Lake City. " THE SPECIAL MASTER: What place has been arranges for at Salt Lake City. " MR? COLLINS: We are arranging for one of the federal court rooms in Salt Lake. The marshal of Utah is taking care of that for us now. " THE SPECIAL MASTER: Then we will adjourn until Wednesday, October 9th, 9: 30 A. M., in one of the federal court rooms in Salt Lake City, Utah." R. 2621 |
