Territory v. Richardson
In Territory v. Richardson, 8 Ariz. 336, 76 P. 456 (1904), the defendants were charged with digging up a private way. In affirming the trial court's sustaining of the defendants' demurrer, the supreme court addressed the definitions of public highway and private way, noting that, in 1901, the legislature had declared "vacated" all roads within the territory that were not public highways.
The court held that, by doing so, the legislature had not automatically made vacated roads into private ways but had instead created, in addition to public highways and private ways, a third class of roads within the state, namely, "roads established without authority of law for the convenience of individuals, and without a legal status either as public highways or private ways." Id. at 339-40, 76 P. at 457.