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" The capability of use by the public for purposes of transportation and commerce affords the true criterion of the navigability of a river, rather than the extent and manner of that use. If it be capable in its natural state of being used for purposes... "
Protection and Development of Lower Colorado River Basin - Page 298
by United States. Congress. House. Committee on Irrigation and Reclamation - 1924
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The Commerce Clause of the Federal Constitution

Ezra Parmalee Prentice, John Garret Egan - Constitutional law - 1898 - 470 pages
...rafts, nor upon the difficulties attending navigation. Capability of use by the public affords the true criterion of the navigability of a river rather than the extent and manner of use.4 Navigation by vessels is but a branch of commerce, and, when navigable streams are best fitted...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 177

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1900 - 760 pages
...used : " The capability of use by the public for purposes of transportation and commerce affords the true criterion of the navigability of a river rather...matter in what mode the commerce may be conducted, it is navigable in fact, and becomes in law a public river or highway. Vessels of any kind that can...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 177

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1900 - 758 pages
...used : " The capability of use by the public for purposes of transportation and commerce affords the true criterion of the navigability of a river rather...matter in what mode the commerce may be conducted, it is navigable in fact, and becomes in law a public river or highway. Vessels of any kind that can...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 9

New Mexico. Supreme Court, John Abbott, Paul A. F. Walter - Law reports, digests, etc - 1900 - 762 pages
...the customary niodes of trade and travel on water." In The Montello, 20 Wall. 431, the court says: "If it be capable in its natural state of being used for purposes of commerce, no matter in what mode that commerce may be conducted, it is navigable in fact, and becomes a public river or highway. * *...
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El Paso Dam and Elephant Butte Dam: Testimony Submitted to the Committee on ...

United States. Congress. House. Committee on Foreign Affairs - Mexico - 1901 - 298 pages
...modes of trade and travel on water. In the case of the Montello, 20 Wallace, 431, the court says : If it be capable in its natural state of being used for purposes of commerce, no matter in what mode that commerce may be conducted, it is navigable in fact and becomes a public highway. The vital and...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 23

Washington (State). Supreme Court, Eugene Glenroy Kreider - Law reports, digests, etc - 1901 - 884 pages
...said that "The capability of use by the public for purposes of transportation and commerce affords the true criterion of the navigability of a river, rather than the extent and manner of that use." It was held in Haines v. Hall, 17 Ore. 165 (20 Pac. 831, 3 LRA 609), that a stream which has a floatable...
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A Digest of Opinions of the Judge-Advocates General of the Army

United States. Army. Office of the Judge Advocate General - Courts-martial and courts of inquiry - 1901 - 904 pages
...highway. The capability of use by the public for purposes of transportation and commerce affords the true criterion of the navigability of a river, rather than the extent or manner of that use. If it be capable in its natural state of being used for purposes of commerce,...
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Digest of Opinions of the Judge Advocate General of the Army: Containing a ...

United States. Army. Office of the Judge Advocate General, United States. Army. Judge Advocate General's Department - Military law - 1901 - 908 pages
...highway. The capability of use by the public for purposes of transportation and commerce alFords the true criterion of the navigability of a river, rather than the extent or manner of that use. If it be capable in its natural state of being used for purposes of commerce,...
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A Digest of Opinions of the Judge-Advocates General of the Army

United States. Army. Office of the Judge Advocate General - Courts-martial and courts of inquiry - 1901 - 940 pages
...highway. The capability of use by the public for purposes of transportation and commerce affords the true criterion of the navigability of a river, rather than the extent or manner of that use. If it be capable in its natural state of being used for purposes of commerce,...
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The Northwestern Reporter, Volume 87

Law reports, digests, etc - 1902 - 1268 pages
...court said: 'The capability of use by the public for purposes of transportation and commerce affordsthe true criterion of the navigability of a river, rather...matter in what mode the commerce may be conducted, It Is navigable in. fact, and becomes in law a public river or highway.' Vessels of any kind that can...
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