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Show 143 6330 4321 cataracts, great falls that were impassable, I do not be-lieve that following the principle of decided cases, that that little section would be out out and the little to that segregated from the title to the stem above and below, -- wouldn't think the court would make a checker- board out of a river that was substantially all navigable. Just where a court would stop, I don't know, I have not seen any cases that I think indicate that line, whether a forty- mile sectio0n is so large that it would be treated as a separate, distinct entity. I do not recall any case that answers the question. So that as we view the case, your honor, there are just two questions that are involved in this case; the first question is, does the type of passage in boats already dis-closed by the government's case and as will be disclosed by some witnesses introduced by the state through that section of the river known as Cataract canyon, meet the requirements of navigability? Are the difficulties and hazards so great that it will be deemed non- navigable? If the answer to that question is that it is non-navigable in fact within the meaning of navigability, the second question arises, whether it will be segregated from the rest of the river and the title to the piece lodged in |