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Show 6900 The Special Master ( interposing). I think your theory is true to a reasonable extent. For instance, if you prove that the river was non- navigable in some spot, and then proved that the conditions were exactly the same all the way down to another spot 100 miles below, then I think that the testimony might be relevant. But in the case of a river where conditions change every mile, or every five miles or ten miles, the fact that it is navigable in one spot does not seem to me to have any relevancy as to whether it is navigable 100 miles below that. I think you c an put in a general picture of the situa-tion, but if you are going to argue to me that, because the river is non- navigable up and Grand Junction and therefore it is non- navigable at Moab, I cannot see the connection. Mr. Blackmar. No, I do not expect to argue that. That is not the situation very clearly presented in the case of Weir V. Kansas, where this man was contending for the right to take sand out of the river without paying the Kansas tax, because the stream was a non- navigable stream, and he owned The Special Master ( interposing). Well, the question there was what its navigable condition was at Topoka, Kansas, |