No. 14 Original, Brief for the United States, 1930

Brief for the U.S., 1930, p. 039

; f / Y 39 The case of United States v . Holt State Bank , 270 U . . S . . 49 , involved the question of navigability of Mud Lake in Marshall County , Minnesota . The extent of the use of this Lake for the purposes of navigation and its connection with other lakes and rivers as a highway of commerce is set forth by this Court at pages 56-57 in the following language : * * * Mud River traversed it in such way that it might well be characterized as an enlarged section of that stream . Early settlers and visitors in that vicinity used the river and lake as a route of travel , employing the small boats of the period for the purpose . The country about had been a part of the bed of the glacial Lake Agassiz and was still swampy , so that waterways were the only dependable routes for trade and travel . Mud River after passing through ( the the"' the ) lake connected at Thief River with a navigable route extending ( west- west ) ward to the Red River of the North and thence northward into the British possessions . Merchants in the settlements at Liner and Grygla , which were several miles up Mud River from the lake , used the river and lake in sending for and bringing in their supplies . True , the navigation was limited , but this is ( because beicause ) trade and travel in that vicinity were limited . This Court concluded in accordance with the ( ap- ap ) proved rule that the lake was navigable . The rule of navigability as stated by the Court ( p . 56 ) is as follows : The rule long since approved by this Court in applying the Constitution and laws of the