OCR Text |
Show to another , on a trolley car 72 , was subject to ( prosecu prosecu- prosecu ) tion under Paragraph 5 , Act of March 3 , 1917 , Chap ( , . ) 162 ( , ) ) 39 Stat . 1058 , 1069 . The third case involved the driving of diseased cattle from one State to another , and this was held to be interstate commerce . The Master ( M . R . p . 106 ) cites these cases as ( illus illus- illus ) trative of his conclusion , ( "Therefore Therefore ) , whatever is ( 'commerce commerce ) between the States / under the ( Constitu Constitu- Constitu ) tion , must constitute the ( 'commerce' commerce ) for which waters must be used or be capable of being used , in order to make them navigable waters of the United States . " This conclusion is not justified by the decided cases The record in Oklahoma v . Texas shows that throughout the course of the Red River many ferries were operated . If , in the case of United States v . Hill , supra , the whiskey had been transported by one of the ferries on the Red River , from Texas to Oklahoma ; or , had the diseased cattle , as in the case of Thornton v . United States , supra , been transported from Texas to Oklahoma on a ferry , the transportation would have been interstate commerce but the commerce would , not have been commerce of the character necessary to establish the Red River as a navigable stream On the rivers in question the uses have been more of a private nature than of a public commercial one The use of the river by the miners was for the special private purpose of reaching and working the bars and crevices along the river . In many instances the boats and rafts taken down the river by the |