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Show 591 MR. FARNSWORTH: I guess the plats will speak for themselves. SPECIAL MASTER: That is what I thought. MR. FARNSWORTH: That is all. FRANK H HYDE was thereupon called as a witness on behalf of the United States, and being first duly sworn herein, testified as follows: DIRECT EXAMINATION BY MR. BLACKMAR: MR. BLACKMAR: Mr. Farnsworth, are you making any point about the fact that these streams were meandered? MR. FARNSWORTH: I think it is a relevant fact, where- ever it has been meandered along any of these streams. SPECIAL MASTER: The Supreme Court has passed on that matter in the case of Oklahoma versus Texas, and has held meandering by the government was no evidence - - as I recall, held the meander by the government was not an evidence either of navigability or non- navigability. MR. FARNSWORTH: i know the matter was discussed in a number of decisions. As I remember them, the effect of them is this, that meander is not, of course, conclusive evidence of navigability, but I think that the effect of the decision is that it is evidence of navigability. May not be 2559 |