accommodations for visitors in the park going to Yancey's. The buildings in question, with the exception of a log barn and several smaller structures, were destroyed by fire on April 16, 1906. As a result of Mr. Yancey's failure to restore the buildings, the lease was declared forfeited on November 5, 1907, and the term thereof ended by the then Secretary of the Interior, James R. Garfield. In the circumstances, I do not recommend any compensation by reason of the forfeiture of the lease. However, with reference to the buildings remaining on the property which were not destroyed by fire, some of which have been used by the park administration, it would appear that Mr. Yancey is entitled to some compensation. On February 13, 1907, in a report to the chairman of the Committee on Public Lands, House of Representatives, on a bill (H. R. 22401) entitled "A bill to provide compensation to Daniel Yancey for buildings constructed by him in the Yellowstone National Park," the then Secretary of the Interior, E. A. Hitchcock, advised the committee that, in his opinion, the buildings which remained after the fire were worth $1,000. A copy of the 1907 report is enclosed. I concur in the Department's recommendation of that date. Accordingly, if the claim of Mr. Yancey is reduced to the amount of $1,000, I would have no objection to the enactment of H. R. 2083. There are enclosed, as requested, copies of the correspondence in this Department relating to the claim. SIR: Your letter has been received, enclosing, with request for expression of views thereon, H. R. bill 22401, to provide compensation to Daniel Yancey for buildings constructed by him in the Yellowstone National Park. The bill in terms is as follows: "Be it enacted by the Senate and House of Representatives of the United States in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Daniel Yancey, of Livingston, Montana, the sum of one thousand five hundred dollars, to be received and accepted by him as full and final compensation for certain buildings and other improvements constructed by him upon the site leased to him within the Yellowstone National Park; and upon payment of said sum said buildings and improvements shall become the property of the United States." The Acting Superintendent of the Yellowstone National Park, to whom the matter was referred, reports that the buildings now owned by Mr. Yancey practically consist of one small log house and a good sized log barn, both in good condition; that the Government could make use of these buildings for the purpose of establishing an outpost in Pleasant Valley, as the buildings are in better condition and more suitably located than the old log buildings now in use by the Government near Tower Falls; and furthermore that it would be in the interests of the Government to purchase the buildings in question and to extinguish all claims on the part of any persons to such property. Upon consideration of all the circumstances of the case, it is not believed that the property is of greater value than $1,000, and if the bill under consideration is amended so as to provide for the payment of $1,000 instead of $1,500, I have no objection to interpose to its passage. Very respectfully, E. A. HITCHCOCK, Secretary. UNITED STATES DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE, Yellowstone Park, Wyo., April 12, 1939. Office of the Superintendent. MEMORANDUM FOR THE DIRECTOR Reference is made to a memorandum under date of March 16 signed by G. A. Moskey, chief counsel, regarding a bill that was introduced in Congress for the relief of Dan Yancey. We have endeavored to gather all the information regarding the value of the buildings as of 1907 which were located on Mr. Yancey's lease. The source of our information has been in searching through some of our old files and also in talking to some of the employees who were here at that time and to other old residents. The most accurate information with reference to the value of the improvements that were on Yancey's lease at that time is from Mr. Harry Trischman, who is now chief buffalo keeper in Yellowstone Park, and Mr. Jimmy McBride, the first chief ranger. We have also made a sketch map of the present Yancey place, a copy of which is enclosed herewith. In talking to Messrs. Trischman and McBride it was learned that in their opinion the buildings that were on the Yancey place in 1907, plus all of the personal property which may have been left in it, of which we have no accurate information at the present time, were worth in the neighborhood of at least $1,000. In going through our files we found a letter under date of September 3, 1907, which was signed by G. W. Woodruff as acting secretary. It was stated at that time that the Department had no objection to the payment of $1,000, if Congress should deem such a course proper. From the text of the letter it appears that a larger sum had been asked, but that the Department did not feel that a larger sum was justified but that $1,000 would be. From this letter it also appears that $1,000 would be a fair appraisal for the buildings and the improvements at that time. A copy of this letter is attached. The enclosed sketch shows the location of the buildings that are now in existence in solid red and black lines. The red lines indicate the more recent development and the solid black lines indicate buildings which were constructed prior to 1907 and which are still standing. The broken black lines indicate buildings which were in existence in 1906 but which were destroyed since that time. Buildings A, B. and C are still standing and have been used intermittently for the past several years. Buildings B and C as shown on the sketch were used by the mail carriers between Gardiner and Cooke, Mont., as a stop-over until the past few years when the road through this area has been kept open. Building A was used as a hay-storage shed by the National Park Service when the horses were fed during the winter months at this point. Former Chief Ranger McBride states that the building shown as D was also in existence in 1907. He is also of the opinion that there were other buildings of some sort, but it is not clear in his mind as to what type or exact location. Any corrals that may have been in existence in 1907 are not there now and it is doubtful as to how long they remained standing after the place was deserted, so very little value can be attached to them from our present investigation. There has been some use made of the irrigation ditches on this land during the past years. However, this, too, is doubtful as to what part of them were the original ditches and which have been improved since 1907. It is definitely known that some were added after that time. Up until a few years ago the Park Service raised hay to feed their horse herd at this point, and it is our understanding that several years ago some elk were fed here also. However, the practice of raising hay at this point has now been discontinued. As mentioned before, from our investigation and studies, it would seem that a reasonable appraisal of the buildings, personal property, and improvements would be about $1,000 as of 1907. The photostatic copies which you submitted with your memorandum are returned herewith. J. W. EMMERT, Acting Superintendent. DEPARTMENT OF THE INTERIOR, The SUPERINTENDENT OF THE YELLOWSTONE NATIONAL PARK. SIR: I transmit herewith for consideration and recommendation a copy of the reply made by Daniel Yancey to Department letter of August 1, 1907, a copy of which has heretofore been transmitted, requiring him to show cause within 90 days why his lease should not be canceled. The money order for $12.50, in payment of the rent due under his lease to May 1908 has not yet been collected by the Department, and will be held pending the receipt of your reply in the premises. In this connection it is proper to add that at the last session of Congress the Department submitted a report upon a bill to pay Daniel Yancey $1,500 for improvements in the park, in which it was stated that there would be no objection to the payment to him of the sum of $1,000 therefor if Congress should deem such course proper. Very respectfully, Mr. DAN YANCEY, Helena, Mont. G. W. Woodruff, Acting Secretary. NOVEMBER 5, 1907. SIR: Under date of August 1, 1907, you were cited to show cause within 90 days from said date as to why the lease granted you under date of May 4, 1904, of a parcel of land in the Yellowstone National Park should not be declared forfeited for failure on your part to reconstruct certain hotel buildings on said site which had been burned, and provide suitable accommodations for visitors in the park going to Yancey's, and for failure to pay rent due under the contract on the 3d day of April 1907. In your answer to such citation dated August 27, 1907, you enclose a money order in the sum of $12.50, in payment for rent for the current year and request an extension of time until March 1, 1908, in which to construct a hotel building. The buildings in question were destroyed by fire April 16, 1906, and you have had ample time since that date to reconstruct the same, which you have failed to do, and the reasons set up for the desired extension of time are not such as would warrant the Department in acting favorably thereon. In view, therefore, of the default on your part as hereinbefore stated, the lease granted you on May 4, 1904, on a certain tract of land in the Yellowstone National Park on which to maintain hotel buildings for the accommodation of tourists and visitors in the reservation, is hereby declared forfeited and the term thereof ended. The money order for $12.50 tendered by you as payment for rent under said lease for the current year is herewith returned. SIR: On the 4th day of May 1904, a lease was granted you of a parcel or plot of land and certain premises thereon in the Yellowstone National Park about 18 miles easterly from Mammoth Hot Springs, known as the Pleasant Valley Hotel and also as "Yancey's," and more particularly described as follows: "Beginning at a point 20 feet west of the southwest corner of the principal building thereon (marked "hotel" on the plat hereto attached and made a part of this agreement), and running thence north 460 feet, thence east 330 feet, thence south 660 feet, thence west 330 feet, thence north 200 feet to the place of beginning, and containing 5 acres of land." The term as specified in said contract is for the period of 5 years, commencing from the 3d day of April 1904 and the rental as therein agreed upon is at the rate of $2.50 per acre, to be paid annually on or before the 3d day of April in each and every year in advance. The lease provides: "Article 2. And the said party of the second part agrees to keep and maintain the buildings now upon said land, as well as such buildings as may hereafter be erected, in a habitable and good sanitary condition as a hotel for the accommodation of tourists and visitors to the park." The lease provides: "Article 4. And the said party of the second part hereby covenants with the party of the first part, that at the expiration of the term mentioned in this lease, or upon the ending of said term by election of the party of the first part, as hereinafter provided, in case of default of payment of rent in the manner stipulated, or failure to observe and keep the covenants herein contained to be observed and kept by the said party of the second part, that he will peaceably surrender and deliver up the said demised land to the said party of the first part or his successor in office. The lease provides: "Article 8. It is expressly understood and agreed by and between the parties aforesaid that if the rent above reserved or any part thereof shall be unpaid on the day and at the place of payment whereon the same ought to be paid as aforesaid, or if default shall be made in any of the covenants herein contained, to be kept by the said party of the second part, or his executors, administrators, and assigns, and if the party of the second part shall not make such payment of rent or keep and perform the covenants herein within 90 days after due notice of default therein, to be given to the party of the second part in writing by the Secretary of the Interior or his authorized agent, then it shall and may be lawful for the said party of the first part or his successors in office, agent or attorney, at his or their election, to declare this lease forfeited and the term thereof ended and the demised land or any part thereof, either with or without process of law, to reenter, and the party of the second part, or any other person or persons occupying in or upon the same, to expel, remove, and put out, using such force as may be necessary in so doing, and the said premises again to repossess in behalf of the United States. And in the event of any rent being due and unpaid, whether before or after such forfeiture, to distrain for any rent that may be due upon any property belonging to the said party of the second part, whether the same be exempt from execution or distress by law or not, and the said party of the second part hereby waives all legal right which he may have to hold or retain such property under any exemption law in force in or over the said national park, meaning and intending thereby to give to the party of the first part a valid and first lien upon any and all the buildings, goods, chattels, or other property belonging to the said party of the second part, within the said park, as security for the payment of said rent, and for the faithful performance of the conditions of this lease, in manner aforesaid, anything herein contained to the contrary notwithstanding.' The records of the Department show that the main hotel building on said leased land was destroyed by fire April 16, 1906; that by Department letter of August 2, 1906, your attention was called to the provisions of the lease and you were required "to at once take steps to reconstruct said hotel building upon the leased site and provide suitable accommodations for visitors in the park going to Yancey's,' which up to the present time you have failed to do. The records of the Department likewise show that you have failed to pay the rent due under said contract for the current year. In view, therefore, of such default upon your part as herein before stated, notice is hereby given you, as required by the terms of the contract, that after the expiration of 90 days from the date hereof, unless you show just and reasonable cause why such action should not be taken, the lease granted you on May 4, 1904, will be declared forfeited and the term thereof ended. Very respectfully, JESSE E. WILSON, Acting Secretary. AUGUST 1, 1907. The SUPERINTENDENT OF THE YELLOWSTONE NATIONAL PARK. SIR: I transmit herewith a copy of a letter this day addressed to Mr. Dan Yancey of Helena, Mont., requiring him to show cause within the period of 90 days from the date hereof why the lease dated May 4, 1904, under which he is to construct and maintain a hotel in the Yellowstone National Park, should not be declared forfeited. Very respectfully, JESSE E. WILSON, Acting Secretary. To the honorable the SECRETARY OF THE INTERIOR, Washington, D. C.: Your petitioner respectfully shows as follows: That the premises known as Yancey's is in the heart of the best fishing in Yellowstone Park, and was formerly occupied by the undersigned petitioner-and that there is need of a hotel or a permanent camp for visitors to that part of said national park. Wherefore application is hereby made for a 10-year lease on the following described lands (situated about 18 miles east of the Mammoth Springs) to wit: Beginning at a point marked by a rock set in the ground 150 feet southwest from the southwest corner of the old cabin, as shown on photo filed with this petition, running thence north 500 feet, thence east 1,700 feet, thence south 500 feet, thence west 1,700 feet to the place of beginning. Said lease being granted for a nominal sum and to contain the usual provisions relative to the observance of all the rules and regulations ordered by the Secretary of the Interior. Respectfully submitted. S. Repts., 76–3, vol. 3- -58 DAN YANCEY. ARGUMENT My uncle, John F. Yancey, was a settler at the place known as Yancey's before the establishment of the Yellowstone National Park. There were other homesteaders on this unsurveyed public domain at various points (like Macarthy at Mammoth) and all their rights were protected by outright purchase by the United States. In Yancey's case the Government granted him from time to time 10-year leases at the rate of $10 per annum-and under these leases he did from time to time make improvements, building one 13-room house and several cabins, fenced land and made ditches thereon so as to make hay for the feeding of the teams used by fishermen and other guests who made it a stopping place on their trips through the park to the mining camps in Montana and Wyoming. Barns and granaries being needed they were built at considerable expense near the cabins above mentioned. At the death of John F. Yancey I took possession under his lease, by virtue of his will, whereby I acquired title. When his unexpired lease did expire I (in my own name) did obtain long-time leases at same terms, to wit $10 per year. Before the expiration of my last lease, to wit, during the year 1906, the then Secretary of the Interior or someone from Washington, D. C., did in my absence take possession and ever since has had possession of my property, and has excluded me therefrom. I understand that the contractor who carries the mail in the park makes the premises his headquarters. Witness my hand, at Livingston, Mont., this 10th day of May A. D. 1935. DAN YANCEY. FORT YELLOWSTONE, WYO., The SUPERINTENDENT, (Through Commanding Officer, Fort Yellowstone, Wyo.). SIR: Concerning the buildings at Yancey's, I have the honor to report as follows: There are four buildings-all built of logs. The first is a tumble-down structure about 15 by 20 feet, not used except as a catch-all. The second is about 20 by 20 feet, in a little better state of repair and used as a sort of storehouse. The third is in good repair, 11⁄2 stories high, about 20 by 20 feet. This is used as a sort of roadhouse to furnish meals to the passers-by the Cooke City road, and to live in. The fourth is a stable about 40 by 50 feet in only fair repair. It is used mostly as a relay station for the Cooke City stages. The grounds are kept in fairly good condition, with the exception of a spot just behind the living house where a house had been burned. Mr. Carl, the manager of the stage line, has stated to the corporal in charge of Tower Falls that he wished to change the location of the stables to somewhere in the neighborhood of the junction of the roads, and was about to apply for permission to make said change. The absolute value of all the buildings at Yancey's is very little. M. O. BIGELOW, Captain, Eighth Cavalry Respectfully referred to the superintendent, Yellowstone National Park. The buildings in question, have no value for the troops in the park. The mail station at Yancey's should be on the main road near the junction of the Cooke City and Tower Falls roads. O HENRY T. ALLEN, Major, Eighth Cavalry, Commanding. |