...establsihed by the Supreme Court in the case of the Daniel Ball, 77 US (10 Wall.) 557, 563 (1870). "Those rivers must be regarded as public navigable...used, in their ordinary condition, as highways for <xiuiiei.ee, over which trade and travel are or may be conducted in the customary irodes of trade and...

...States is that streams or lakes which are navigable in fact must be regarded as navigable in law ; that they are navigable in fact when they are used, or are susceptible of being used, in their natural and ordinary condition, us highways for commerce, over which trade and travel are or may be...

...be applied to determine the navigability of rivers, and that is found in their navigable capacity. Those rivers must be regarded as public navigable...the customary modes of trade and travel on water." In Ang. WaterCourses, § 535, is this language: "All rivers above the flow of tide- water are, by the...

...by the Supreme Court of the United States in The Daniel Ball, 10 Wall. 557. 19 L. Ed. 00»: "Tlmse rivers must be regarded as public navigable rivers...customary modes of trade and travel on water." And in The Montello, 20 Wall. 430. 22 L. Ed. 301. it was said that the true test of the navigability of...

...."•»Ci, "they are navigable in fact when they aru used or are susceptible of being used, In ilieir ordinary condition, as highways for commerce, over...the customary modes of trade and travel on water. The same reasons, therefore, exist In this country for Ню exclusion of the right of private ownership...

...The standard is whether . . . They are used, or are susceptible of being used, in their natural and ordinary condition, as highways for commerce, over...conducted in the customary modes of trade and travel are or may be conducted in the customary modes of trade and travel on water . . . navigability does...

...DEFINITION OF NAVIGABLE RIVERS Public navigable rivers were defined in the Montello case as those that were 'navigable in fact', and they 'are navigable in fact...are or may be conducted in the customary modes of travel on water'.21 The Court stated that not 'every small creek in which a skiff or gunning canoe...

...early statement of this test (The Daniel Ball): And they are navigable in fact when they are used or susceptible of being used in their ordinary condition,...conducted in the customary modes of trade and travel over water. It appears from the preceding and subsequent cases that the Federal Title Test does not...

...Michigan, the court determined that: Those rivers must be regarded as public navigable rivers in law which are navigable in fact when they are used, or are susceptible...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...

...country is its navigable capacity. This is to be determined as a matter of fact. Those rivers are to be regarded as public navigable rivers in law, which...being used in their ordinary condition, as highways (or commerce, over which trade and travel are or may be conducted in the customary modes of trade and...