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Show Kolb- D 776 and at the same time not have before the Master the testimony as to the condition of the river throughout the state of Utah. THE SPECIAL MASTER: What do you say, Mr. Farnsworth? MR. FARNSWORTH: Let me make an inquiry of counsel. As I understand you, it is your position that the validity and the effect of this statute depend upon the question whether or not it is reasonable? MR. BLACKMAR: I think that is something to be taken into consideration. I have some other thoughts with reference to that statute, but so far as the evidence is concerned, I am concerned now only in the reasonableness of the statute. I have some other ideas about that. THE SPECIAL MASTER: This raises a question that has to be argued some time in this case, of course. I dislike to have that argument presented at the present juncture. Of course, the effect of the decision of the second Donnelly case in connection with the recent decision in the Holt Bank case must be argued as to whether the court has not already decided what the effect of a state stature of that kind is. I do not like to bring on that discussion at the present time, because that more properly comes in connection with the presentation of the defendant's case. MR. BLACKMAR: Suppose we leave it this way, as far as the upper stretches of the river are concerned, I will not 2744 |