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Show 42 It was not a highway of commerce . Leovy vs . United States , 177 U . S . 621 , was a crIMIDal prosecution against the defendant for ( build- build ) ing a dam , without permission of the Secretary of War , across a stream known as Red Pass , , alleged to be navigable waters of the United States . . As to the extent of navigability on the Red Pass , , the Court says ( p . 627 ) as follows : As respects navigation through Red Pass , , there was some evidence , on the part of the government , that , small luggers or yawls , , chiefly used by fishermen to carry oysters to and from their beds , sometimes went through this pass ; but it was not shown that passengers were ever carried through it , or that freight destined for any other State than Louisiana , or , indeed , destined for any market in ( Louis- Louis ) iana , was ever , much less habitually , carried through it . At the conclusion of the trial this Court instructed the jury in part , as follows ( p . 632 ) : What is a navigable water of the United States ? * * * But , if from the water in one State you can travel by water ( contiu- contiu ) ously to another State , and the water is a navigable water , then it is a navigable stream of the United States . * * * If it was ( nav- nav ) igable , and connected with waters that ( per- per ) mitted a journey to another State , then it is a navigable water of the United States * * * . * |
