OCR Text |
Show 74 River of the North , and then north to the ( inter- inter ) national boundary line , and that merchants in towns several miles up on Mud River used the river for sending for and bringing in their merchandise . . Cases decided by this Court , holding rivers to be navigable , may be summarized with the statement that in no case has a river been held navigable where commercial navigation by the public upon a ( sub- sub ) stantial scale was not shown . On the other hand , no decision suggests or ( inti- inti ) mates that proof of navigability of a river may rest upon evidence that the river was used for floatage for noncommercial purposes , or for pleasure boats or by a limited use of small boats commercially or semicommercially . In every one of the cases where the courts have held the streams or lakes to be ( non- non ) navigable there has been proof of noncommercial navigation and in many of them proof of a limited commercial navigation . In the case of Gratz v . McKee 270 Fed 715 716 , . , ( C . C . A , 8th Circuit it ( appeared- appeared ) ( ) That the river in question was used for rafting and floating logs . ( b ) That small craft , small boats , and dugouts carried provisions . ( c ) That the river was used by farmers to take milk and corn in small boats across the river . The court said : * * * full consideration Upon a of the record , we are of the opinion that the river is ( rionnavigable nonnavigable ) in any sense that would ( consti- consti ) |