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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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Lawyers' Reports Annotated, Book 54

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...
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Contract and Statutory Liens in California and Their Enforcement ...

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...
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Select Cases and Other Authorities on the Law of Property, Volume 2

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...
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Lawyers' Reports Annotated, Book 28

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...
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The Northwestern Reporter, Volume 107

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...
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American Electrical Cases (cited Am Electl. Cas.): Being a ..., Volume 9

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...
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Report of the Committee on Water Powers, Forestry, and Drainage ..., Parts 1-2

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...
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Notes on the Minnesota Reports: Including the Citations of Each ..., Volume 4

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....
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A Digest of Opinions of the Judge Advocates General of the Army: 1912

United States. Army. Office of the Judge Advocate General, Charles Roscoe Howland - Military law - 1912 - 1138 pages
...transportation and commerce affords the true criterion of tne navigability of a river, rather than the extent or manner of that use. If it be capable in its natural...matter in what mode the commerce may be conducted, it is navigable in fact and becomes in law a public river or highway.2 Applying these tests to a tributary...
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American and British Claims Arbitration

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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