OCR Text |
Show ( lively tively ) trivial sum accepted 224 by Defendant . What we have just said may be outside the record as it now stands , but , if Complainant is permitted to contend that these State leases are evidence that Defendant is not the real party in interest in this case , or that Texas Production Company , or any other company or individual , is conducting or taking any part ( what what- what ) soever in this litigation , we shall ask leave to reopen the case for the purpose of refuting any such inference . The State leases were not ( received received- received ) for any such purpose and evidence of any such fact ( would woald ) obviously be irrelevant . With reference to the alleged . absurdity of the Utah statute declaring the Green and Colorado rivers to be ( navi navi- navi ) ¬ gable streams throughout that state , we submit that the proper time to urge such alleged absurdity will be when that question is before the Court . Although , in order to permit ( Complainant CDmplainant ) to fully disclose and develop its theory , the Special Master ( permitted perrnitted ) some of its witnesses to describe remote sections of the rivers , he then indicated his opinion and later definitely ruled that no evidence relative to other sections of the rivers than those in dispute would be ( con con- con ) sidered except as such evidence had a direct bearing on the question of navigability in the areas involved . At the outset Defendant stated that it had . made no survey and was not prepared to introduce any evidence concerning any sections of the rivers except those at and in the immediate vicinity of the controverted areas . If and when both sides are heard with reference to other sections of the rivers , the Court will be better able to arrive at a conclusion as to their ( naviga naviga- naviga ) ¬ bility . With reference to our failure to put in issue the ( ques ques- ques ) ¬ tion of interstate navigability we have no apologies to offer . It was not only our right , but our duty , to limit the ( contro contro- contro ) versy to those matters in which we had an interest and with respect to which we would be able to present evidence . By thus properly narrowing the issues we did not estop ( our- our ) selves from proving that the river through Glen Canyon to the ( Utah-Arizona UtahArizona ) line is navigable . We appreciate that within certain limits the navigable capacity and ( character character- character ) ¬ istics of the rivers above controverted areas may throw light ( upan upon ) the question of navigability within those areas . But we do not see how any evidence received as to navigable capacity at any point between the ( Utah-Arizona UtahArizona ) line and the mouth of the Colorado River has any bearing upon the question of ( intra-state intrastate ) navigability within the controverted areas . |