United States ex rel. Koehler v. McGlinchy

Citations

• 5 Alaska 4

Syllabus

<p>1. Public Lands <&wkey;31—Squatters’ Rights.</p> <p>Though the failure of Congress to extend the land laws of the United States to Alaska may be a source of annoyance to settlers, still tbey are entitled to protection in tbeir right of possession.</p> <p>2. Public Lands <&wkey;39(6)—Town Sites—Highways.</p> <p>The handing together of a community of people, laying out and platting a town site, and the dedication of streets and alleys to public use, is legitimate, and will estop all wbo participated therein.</p> <p>3. Public Lands &wkey;>31—Possessory Rights in.</p> <p>Public necessity requires that all those who have immigrated here and are occupying the public domain must be protected in tbeir possessory rights.</p> <p>4. Navigable Waters <&wkey;36(3)—Public Lands—Tide Lands— Streets—Wharves.</p> <p>The land lying between bigh and low water mark at tbe foot of Seward street leading to Gastineaux Channel, in the town of Juneau, and shown to be essential to the use and convenience of said street, is public property held by the government in trust for the coming state. The defendants could not legally appropriate that portion of the beach between high and low water mark. Koehler and his coplaintiff had a right to sue for the purpose of redressing an injury to themselves by tbe obstruction of the street, and when their interest was made to appear they acted in the attitude of redressing a continuing trespass and wrong against themselves and acted in behalf of all others who were or might be injured by the wrongful acts of the defendants. .</p> <p>5. Nuisance <&wkey;63—Highways—Navigable Waters.</p> <p>Driving piles on the beach where the tide ebbs and flows, between bigb and low water mark, at tbe foot of Seward street, so as to prevent tbe free use of said street, is such a nuisance as equity will abate.</p> <p>same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>