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Show or not . " He then cites Arkansas 197 cases in support of the proposition that although title to the bed of a navigable stream in Arkansas is in the state , the bed ( "does does ) not extend to or include that upon ( "which which vhich ) grasses , ( shrubs shntbs ) , and trees grow , though covered by the great annual rises / ' At page 785 , after referring to the conflicting evidence relative to alleged former navigation of Big Lake , Judge Hook says : ( "Whatever Whatever "'Whatever Whatever ) may have once been the capacity and utility of the body of water known as ( 'Big Big ) ( Lake' Lake ) as a highway of commerce or in the floatage of the products of the fields and forests along its banks , the conditions ( tJiat that ) are to be considered are those of recent years and the present . " The law of Arkansas as announced in the last quoted language is , of course , in irreconcilable conflict with the decisions of the United States Supreme Court in the Economy Light ( and aad ) ( Power Polver ) ( Company Compamy ) and Holt State Bank cases . At page 786 , after stating that ( "During During ) the greater part of the year the bed of the lake appears to view , ( except except- except ) ing where the deeper depressions allow the waters to stand in scattered pools ; " that extensive fields of grass are present upon which livestock run for several months of the year ; that vehicles are driven over the dry bed and roads over the bed are worked on by citizens ; that dead trees and stumps still show the effects of a fire that ravaged the lake basin more than thirty years ago , the Court ( obviously having in mind the law of Arkansas as to what constitutes the bed of a ( body bady ) of water and the law of that state with reference to accretions ) says : ( "The The ) evidence fully justifies the finding that that part of the area ( indicated indicatdd ) upon the maps and ( ex- ex ) hibits as being the bed of Big Lake , which extends from the eastern meandered line westward to the east line of Little river , has by process of accretion and the reliction of the waters , become a part of the patented ( lands ldnds ) along the eastern margin . " From the facts assumed by Judge Hook in arriving at his conclusion , it is apparent that if Big Lake was navigable during any period of the year its susceptibility to such ( navi navi- navi ) ¬ gation was only occasional . |