| OCR Text |
Show at the locus in quo? And that is the only important matter. Now, of course, Your Honor must have some latitude and 6004 will exercise some discretion and judgment as to what is too remote to have a bearing on the only question in issue between the parties here. I cannot conceive how going outside the State would be permissible, even if the issues were not as they are with reference to interstate commerce. But under the issues as they are drawn with reference to interstate commerce, it being al-leged affirmatively by the Complainant in this case that these rivers are not navigable in interstate commerce, not suscept- where the Colorado enters the State of Utah from Colorado the physical conditions are of a certain character; the Complaint true as to the Green River. We come in and we admit their allegations; admit that it is not navigable in interstate commerce or susceptible of being navigated in interstate commerce. Now, if counsel seeks to introduce evidence that it is navigable, that is contrary to the affirmative allegations of the Complaint in this case, and is not responsive to any al= legations in defense. |
