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 298by United States. Congress. House. Committee on Irrigation and Reclamation - 1924Full view - About this book
| Law reports, digests, etc - 1902 - 1040 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 Or. 1G5, 3 LRA 009, 20 Рас. 831, that a stream which has floatable... | |
| Charles Marcellus Bufford - Liens - 1903 - 1122 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 and manner of that use artificial,7 and whether the voyage or contract, if maritime in character, is to be performed wholly... | |
| John Chipman Gray - Personal property - 1905 - 726 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...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... | |
| Law reports, digests, etc - 1905 - 1018 pages
...but only a navigable water of the state." TJit Mo'htcllo, 87 U. 8. 20 Wall. 430, 22 L. ed. 391, says: "If it be capable in its natural state of being used...matter in what mode the commerce may be conducted, it is navigable in fact, and becomes in law a public river or highway. . . The learned judge of the... | |
| Law reports, digests, etc - 1906 - 1278 pages
...the public for purposes of transportation and commerce affords the true criterion of the navigation of a river, rather than the extent and manner of that...matter in what mode the commerce may be conducted, it Is navigable In fact, and becomes, In law, a public river or highway." In St. Anthony Falls Water... | |
| William Weeks Morrill - Electrical engineering - 1910 - 1372 pages
...the public for purposes of transportation and commerce affords the true criterion of the navigation of a river, rather than the extent and manner of that...matter in what mode the commerce may be conducted, it is navigable in fact, and becomes, in law, a public river or highway." In St. Anthony Falls Water... | |
| Wisconsin. Legislature. Committee on Water Powers, Forestry, and Drainage - Drainage - 1911 - 834 pages
...because "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." The Montello, 20 Wall. 430, 441. In Leovy v. US, 177 US 621, the question was whether or not Red Pass... | |
| Annotations and citations (Law) - 1911 - 1266 pages
...Co. 97 Minn. 429, 5 LRA(NS) 638, 107 NW 405, 7 A. & E. Ann. Cas. 1182, holding if stream is capable of being used for purposes of commerce, no matter in what mode it be conducted it is navigable in fact. Ownership of bed of waters. Cited in Lewis, Em. Dom. 3d ed.... | |
| Great Britain - 1913 - 1000 pages
...in the customary modes 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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