Joseph McKenna

“ The surveyor and mayor cannot dedicate to the public as a street parts of lots occupied and possessed by individuals.' This, it may be contended, is a mere construction of the statute of the state of Idaho, and nothing more; in other words, a decision that, under the statute, there was no power given to make a survey or plat which did not conform to the lines of occupation. ”

“ Whenever any portion of the public lands have been or may be settled upon and occupied as a town site, not subject to entry under the agricultural pre-emption laws, it is lawful, in case such town be incorporated, for the corporate authorities thereof, and, if not incorporated, for the judge of the county court for the county in which such town is situated, to enter at the proper land office, and at the minimum price, the land so settled and occupied, in trust, for the several use and benefit of the occupants thereof, according to their respective interests ”

“ We have not recited, nor do we think that it is necessary to recite, all of the facts found by the lower courts. We may add to those which we have stated that the city of Lewiston was incorporated under the laws of the territory of Washington, it then being within that territory, and was reincorporated by an act of the legislature of Idaho in 1866, it then being within Idaho. ”