| OCR Text |
Show Kolb- D 775 Utah which says that this river is navigable, it has no bearing on the present case, any further than it contains the provision that this river is navigable from Greenriver south. So far as it makes any statutory provisions for the river north of the locus here involved, it has no bearing on the case. MR. BLACKMAR: It has to this extent, if the state legislature of Utah in its legislative capacity should elect to declare a river throughout the length and breadth of the state to be a navigable river, then when you show that con-dition of the river throughout the state, that is something which is to be taken into consideration when that statute is up for consideration. THE SPECIAL MASTER: So far as it has any operation in connection with this case. The court has to consider the effect of its operation on this particular portion of the river; as the river north of this is not in controversy, we are not trying that case, what the operation of the Utah statute is on that portion of the river. MR. BLACKMAR: The effect of that statute and the reasonableness of the statute can not be determined by any particular section of the river, because it covers the en-tire river in the state of Utah, and as I say, when this matter eventually comes up for argument, I would not like to be confronted with the rights asserted under that statute 2743 |
