OCR Text |
Show 71 The word ( "commerce commerce ) / ' when used as a test of navigability , is entirely apart from the word ( "com com ) ( merce" merce ) in the Constitution of the United States . . Cases arising under the commerce clause of the ( Con- Con ) stitution and statutes passed pursuant thereto are not helpful in understanding the word ( "commerce" commerce commerce" commerce ) when used as a test of navigability of streams and lakes . Undoubtedly the shipment of goods from New Orleans and Shreveport , Louisiana , to points on the Red River in Oklahoma and Texas was interstate commerce . ( See Oklahoma v . Texas , Appendix to Brief , page 187 , et seq . ) ; but considering the extent and difficulties under which it was accomplished it was not ( "useful useful ) commerce , " when navigability was the issue nor commerce sufficiently substantial to characterize the Red River along the Oklahoma boundary as a navigable stream . Even though ( inter- inter ) state commerce , it fell short of impressing the Red River with a public servitude as a highway of commerce . The Master has cited ( See report pages 106 , 107 ) the cases of the Gloucester Ferry Company v . Penna . 114 U . . S . 196 , 204 ; United States v . Hill , 248 U . S . 420 , 423 ; Thornton v . United States , 271 U . S . 414 ) 424 ; Federal Trade Commission v . Pacific States Paper Trade Association 273 U . S . 52 . The first of these cases had to do with the operation ( -of of ) a ferry on the Delaware River between Philadelphia and points in New Jersey . In the second case the question was whether or not a person carrying a quart of whiskey from one State |