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Show cording to the general rule 222 recognized and applied in the federal ( courts" courts ) and that the lower courts erred in applying the Minnesota rule . In view of the great divergence of opinion between state courts as to what constitutes ( "navi- navi ) gability , " it is quite natural that the federal courts should seek uniformity and follow their own rule in determining the proper criterion . It does not follow from this that a state is without power to fix the status of important rivers within its boundaries and declare them navigable streams . Notwithstanding the fact that the Court later arrived at the conclusion that it was not necessary to pass on the question of the navigability of ( the -the the ) Klamath River and ( with- with ) drew that portion of its opinion dealing with that question , we believe the decision in Donnelly V . United States 228 U . S . 343 ; 708 , to be ( pertinent pertinenL ) Also see : Wear v . Kansas ( , . ) 245 U . S . 154 ( Hwrdin Hardin ) V . Jordan , 140 U . S . 371 . In ( Brewer-Elliott BrewerElliott ) Oil & Gas Co . et al . V . United States et aL , 260 U . S . 77 , the Court distinguishes ( Dowvelly Domwlly ) V . U . S . and also Wear V . Kansas , ( 245 945 ) U . S . 154 , and holds that a state by its courts or legislature may not ( "adopt" adopt ) a ( retro retro- retro ) active rule for determining navigability which would destroy a title already accrued under federal law and grant or would enlarge what actually passed to the state at the time of her admission under the constitutional rule of equality here ( invoiced invoked ) . At page 89 the Court says : ( "Some Some ) States have sought to retain title to the beds of streams by recognizing them as navigable when they are not actually so . It seems to be a ( con- con ) venient method of preserving their control . No one m can object to it unless it is sought thereby to conclude one whose right to the bed of the river , granted and , vesting before statehood , depends for its validity ( oa on ) , ( non-navigability nonnavigability ) of the stream in fact . " The fact that Sec . 5575 of Chap . 118 , Laws of Utah , 1921 , contains the . language quoted on page 196 of ( Com Com- Com ) ( plainant's plainants ) brief , to wit : ( "Nothing Nothing ) herein contained shall be construed as a legislative declaration of ownership by the State of Utah of the beds of ( non-navigable nonnavigable ) rivers or streams , " |
