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Show i 70 Overland travel was over difficult roads . The country was barren and long stretches were ( with- with ) out water . It was necessary to transport both feed and water for the wagon and pack animals . The difficulties of overland travel accentuated the ( desir- desir ) ability for river travel if possible . The fact that the river was not used for transportation is ( persua- persua ) sive evidence that the river possessed no navigable possibilities . ( Exception 55 . ) This is an entirely different situation from that appearing in United States v . Holt State Bank , 270 U . S . 49 , 57 , where it is said : The country about had been part of a bed of glacial lake Agassiz and was still swampy , so that the waterways were the only ( depend depend- depend ) able route for trade and travel . What Is Commerce When Navigability Is the Issue M . R . 105 , Exceptions 43 , 44 , 48 ) The Complainant has excepted to the ( Master's Masters ) conclusions with reference to commerce . The words . ( commerce" commerce "commerce" commerce ) and ( "useful useful ) commerce / ) as used in the ( cases -cases cases ) , where the navigability of a river or a lake is ( the -the the ) issue , must be interpreted as meaning the ( ex- ex ) change and transportation of goods and a use of travel by the general public for commercial purposes . ( Per- Per ) , sonal use without the commercial element does not , satisfy the test of navigability . That test can only be met by showing navigation of sufficient ( propor propor- propor ) tions that the river may be truly said to be a highway of commerce . |
