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Show The evidence in this 144 case showed . that boats of from 25 to 30 tons capacity and drawing 3Mj feet of ( water w-ater water ) had passed ( through tl-Lrough tlLrough ) the Bayou in question , and that this had continued for a number of ( year's years ) . The particular instances and conditions under which boats were operated , taken from the ( tran tran- tran ) script of the ( record Tecord ) , are included in an appendix to this brief and printed on pages 219-221 . In Harrison v . Fite , 148 Fed . 7 781 , 7831 784 , the Circuit Court of Appeals for the Eighth Circuit , speaking through Judge Hook , said : To meet the test of navigability as ( under under- under ) stood in the American Law a watercourse should be susceptible of use for purposes of commerce or possess a capacity for valuable floatage in the transportation to market of the products of the country through ( which vhich ) it runs . It should be of practical ( usefulness -usefulness usefulness ) to the public as a public ( highway bighway ) in its natural state and ( without -without without ) the aid of artificial means ( A A- A ) ( theoretical theoTetical ) or potential navigability , or one that is temporary , precarious , and ( un- un ) profitable , is not sufficient . ( While Wbile ) the ( naviga naviga- naviga ) ¬ ble quality of a ( watercourse 7atercourse ) need not be ( con- con ) tinuous , yet it should continue long enough to be useful and valuable in ( transportation transpoTtation ) ; and the fluctuations ( should sliould ) ( come coine ) regularly with the seasons , so that the period of ( navi- navi ) gability maybe depended upon . ( Mere TMere ) depth of ( water Nvater ) , ( without witbout ) profitable utility , ( will vill ) not render a watercourse navigable in tlie legal ( sense seuse ) , so as to subject it to public ( servitude seTVitude ) , |