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Show 3274 Dent- 1299 control it. I believe that has been held. That is not the issue here. The issue here is only whether certain title vested in the year 1896, and therefore all evidence of facts later than that is simply evidence which may have a bearing on the status in 1896, that is, thirty- three years ago. I make this explanation not because I am making any ruling, but because I want to explain why I am asking the Colonel these questions about the effect of time on the rivers. MR. BLACKMAR: Of course, in preparing the evidence for a case of this kind, I think probably there is a duty cast upon counsel for the government to present to the court all of the information which he has. THE SPECIAL MASTER: I think it is all relative as having a bearing on that date, but the element of change, if there is any element of change, is one of the elements of the case. MR. BLACKMAR: But considering the ordinary ques-tion of real estate law -- I think if there is any branch of the law that is held in high esteem in this country it is the law with reference to land titles, so it is very difficult for me to see that if the titles became fixed in 1896, how a subsequent change in conditions could divest a title which was fixed at that date. |
