...applied to determine the navigability of our rivers, and that is found in their navigable capacity. Those rivers must be regarded as public navigable...being used, in their ordinary condition, as highways tor commerce, over which trade and travel are or may be conducted in the customary modes of trade and...

...money, but upon its natural present conditions. In Daniel Ball (10 Wallace, 557) the Supreme Court says: "Those rivers must be regarded as public navigable...navigable in fact when they are used, or are susceptible oi being used, in their ordinary condition, as highways for commerce over which trade and travel are...

...applied to determine the navigability of our rivers, and that is found in their navigable capacity. Those rivers must be regarded as public navigable...conducted in the customary modes of trade and travel on water."2 And the rule thus formulated has been adopted in nearly all the states. So that it may now...

...applied to determine the navigability of our rivers, ami that is found in their navigable capacity. Those rivers must be regarded as public navigable...navigable waters of the United States, within the meaning of the acts of Congress, in contradistinction from the navigable waters of the states, when they form...

...Daniel Ball, 10 Wall. 557, 563, said, as to the test of navigability of rivers and inland seas, that " they are navigable in fact when they are used, or...the customary modes of trade and travel on water." This definiOpinion of the Court. tion was followed and affirmed in Packer v. Bird, 137 US 661, 667....

...of the act of Congress. Justice Field, in delivering the opinion of the court in that case, says : "Those rivers must be regarded as public navigable...being used in their ordinary condition as highways tor commerce over which trade and travel are or may be conducted in the customary modes of trade and...

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...the test is to be found in their navigable capacity. As was said in The Daniel Ball, 10 Wall. 557: "Those rivers must be regarded as public, navigable...the customary modes of trade and travel on water." In Morrison v. Coleman, 87 Ala. 657, which is one of our latest adjudications on the subject, this...

...high water does not make it a navigable river. It was said in The Montello, 20 Wall. 430, 439, " that those rivers must be regarded as public navigable...customary modes of trade and travel on water." And again (p. 442): "It is not, however, as Chief Justice Shaw said, 21 Pickering, 344, ' every small creek...