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Show 5998 The Special Master. And I admitted evidence of a general description on that theory. Then I said this, which appears on page 777 of the record. " If your only reason for wanting to put in evidence the conditions on this river north of Greenriver, Utah, is simply to meet any position which the Defendant may take under that statute, I think you can give a general description. But if you are trying to prove that this river is non- navigable below Greenriver because you may have evidence that it is non- navigable above Greenriver, then then I do not admit it for that purpose." Mr. Blackmar. I understand that. That is not my position on it. The Special Master. So do I understand that the same conditions prevail now? Mr. Blackmar. Well, of course, when we get down into the State of Utah, why, then, we are confronted with that statute. The Special Master. Well, I way I do not know what the statute is, and that is not in the case as yet. So that I admit it on the theory that it may have relevancy in that con-nection. And I admit testimony not of the locus here in con-nection with its possible bearing on the statute; but not as having a relevancy on the question of navigability. |
