OCR Text |
Show There are but few 38 of our ( fresh-water freshwater fresh-i'vater freshivater ) rivers which did not originally present serious ( ob- ob ) structions to an uninterrupted navigation . . In some cases , like the Fox River , they may be so great while they last as to prevent the use of the best instrumentalities for carrying on commerce , but the vital and essential point is whether the natural navigation of the river is ( - ) that it affords a channel for useful com . - merce . If this be so the river is navigable in fact , although its navigation may be ( en- en ) compassed with difficulties by reason of natural barriers , such as rapids and sand bars . It will be observed that in quoting from The ( Mon- Mon 31on- 31on ) tello case , this Court italicized the words ( "The The ) vital and essential point is whether the natural navigation of the ( river" river ) and , continuing , ( "is is ) such that it affords a channel for useful commerce . " The case of Economy Light and Power Company v . United States , 256 U . S . 113 , involved the Desplaines River in Illinois . As to the navigability of this river , this Court at page 117 said : * * * During the period mentioned the fur trade was a leading branch of commerce in the western territory , and it was regularly conducted upon the Desplaines River . ( Sup- Sup ) plies in large quantity and variety , needed by the early settlers , also were transported over this route between Chicago and St . Louis and other points . Canoes and other boats of various kinds were employed , ( hav- hav ) ing light draft but capable of carrying ( sev- sev ) eral tons each , and manned by crews of six or eight men . |