OCR Text |
Show At pages 797-8 appears 213 a ( statement sLatement ) of the navigation history of the river . The Court says that from the latter part of the seventeenth century to the first part of the nineteenth century , men engaged in the fur trade passed up and down the Chicago and Desplaines . rivers in canoes and , flat boats ( "very very ) regularly . " However , the Court immediately adds that ( "fourteen fourteen ) specific instances of the use of the Desplaines down to the year 1830 , are shown in the evidence , " and proceeds to enumerate those fourteen instances . Then follows a statement that there were very many other trips made during that time that are ( "not not ) so well authenticated / ' The Court then says : ( "The The ) trial judge found , as the record ( shows shoivs ) , that there is no evidence of actual navigation within the memory of living men * * " Then follows a ( state- state ) ment of the type of craft used , the largest ( 'being being being ) Durham boats sixty feet long eight feet wide , ( two Owo ) feet deep , with a capacity of fifteen tons and drawing 20 inches of water . All commerce on the river ceased in 1825 , and as early as 1889 several dams had been constructed across the river . In Economy Light & Power Co . v . United States , 256 U . S . 113 , the Court does not attempt a full statement of the facts , stating that the ( "details details ) are given in the opinion of the Circuit Court of Appeals and need not be repeated , " At pages 121-2 , it is said : ( "The The ) Circuit Court of Appeals , in passing upon the question of navigability , correctly applied the test laid down by this court in the Daniel Ball , 10 Wall . 557 , 563 ; and The Montello 20 Wall . 430 , 440-443 ; that is , the test whether the river , in its natural state is used , or capable of being ( used v-secl vsecl ) as a highway for ( commerce contanerce ) , over which trade and travel is or may be conducted in the customary modes of trade and travel on water . Navigability , in the sense of the law , is not destroyed because the watercourse is interrupted by occasional natural obstructions or portages ; nor need the ( navigation -navigation navigation ) be open at all seasons of the year , or at all stages of the water . " In United States V . Holt State Bank et ( al at ) . , 270 U . S . 49 , title to the bed of Mud Lake in Marshall County , Minnesota , was in controversy . Before suit was commenced the lake had been drained so that its former bed was dry land . At pages 56-7 the facts upon which the ( Court's Courts ) decision ( rests resU ) |