m^^-^R HI 171 A4. T59 19 1 ni 161- TIOGA ROAD IN YOSEMITE NATIONAL PARK HEARINGS BEFORE SUBCOMMITTEE OF THE COMMITTEE ON THE PUBLIC LANDS HOUSE OF EEPRESENTATIVES MARCH 18, 1912 ON H. R. '21718 AND -21719 STATEMENTS BY HON. JOHN B. CURTIN, op Senoha, Oal. AND MR. ALDIS B. BROWNE, of Washington, D. C. WASHINGTON GOVEBNMENT PRINTING OFFICE 1912 TIOGA ROAD IN YOSEMITE NATIONAL PARK. SUBCOMJIITTEE Or CqmMITTEE ON THE PlTBLIG LaNDS. House of Representatives, Monday, March 18, 1912. The subcommittee this day met. Present: Representatives Rubey, Fergusson, and Volstead. Mr. RrTBEY. We will be glad to hear Mr. Curtin on the bills (H. R. 21718) for the purchase of the Tioga Road, in the Yosemite National Forest Reserve, Cal., and (H. R. 21719) for the relief of the owners of the Tioga Road, in the Yosemite National Forest Reserve, Cal. STATEMENT OF HON. J. B. CURTIN. Mr. CuETiN. This bill, as I understand, is a bill to purchase what is known as the Tioga Road. I am familiar with that road, in that, beginning back in 1884 to 1890, I lived right in that vicinity during the summer months, and since 1890 I have spent about three weeks to a month nearly every year right in that vicinity. The construc- tion of that road commenced in the summer of 1882 and was com- pleted in 1883. Mr. Feegusson. By private owners? Mr. Ctjetin. Yes, sir; by a corporation called the Great Sierra Mining Co. It begins at a point about a quarter of a mile east of what is a summer resort, near the Sequoia post office, and extends on easterly practically to the summit of the Sierra Mountains, to what is known as the Tioga mines. They are silver mines. That road, as I understood, was about 60 miles in length, but I have seen a report giving the exact distance as 56 miles and something. We understood it at the time to be 60 miles. In my opinion it is one of the best constructed wagon roads in the mountains that I have ever seen. Twelve-animal teams can be driven over it very easily. That is something hard to do. Mr. Fergusson. What is the material ? Mr. Curtin. It is dug right off the side of the mountain, a 14- foot digging and the dirt thrown out, constructed on a splendid grade. I own some property there and live at a place called Aspen Valley, about 9 miles from the beginning of the road. I have driven across to the road in 45 minutes, 9 miles. It goes through a beautiful mountain country after it reaches the Yosemite Creek and goes on along the lake up to the mountains. The State of California appropriated $25,000 in 1901 to construct a wagon road from the other end to connect with this end of the road [indicating]. We could not complete it for $25,000, and the 3 4 TIOGA EOAD IN YOSEMITE NATIONAL PARK. State appropriated another $25,000, making $50,000 for the construc- tion of the road leading from the end of this road [indicating]. Mr. EuBEY. How long Avas that? Mr. CuKTiN. I think about 11 or 12 miles. I am not exactly sure of the distance, but I know of the appropriation of $25,000 each time. It was only completed last year. The contractor had a great deal of difficulty to contend with ; he had a mountain slide and had to give up the contract. Has had several bills before the legislature. The sureties completed it last year. There Avas a bill introduced in the legislature last year to purchase this road [indicating on plat], and that bill passed unanimously through the assembly, but died in the senate. It was before the senate finance committee in the latter days of the session, but they did not have time to take it up. I believe in 1905 a bill was introduced, which I have here, for the purchase of this particular road mentioned in the bill by the State of California. A bill was introduced appropriating $50,000 and was reported by the roads and highways committee and then referred to the senate committee and reported out. It was amended on the floor to $30,000. It failed of passage for the reason that the State of California — I have been a member of the senate for 16 years — we declined to purchase on the ground that as the State of California had already expended $50,000 on the other end and was likely to pur- chase the one on this end, and as this road goes through the park and the forest reserve, the Federal GoA^ernment should have its own road, and because it keeps the park there and the forest reserve for Federal purposes it should do something toAvard constructing a road. It is an imjDortant road from any point you look at it, so far as the Federal Government is concerned. It is the onlj means by Avhich the Federal GoA'ernment can get its supplies into these outposts [indicating on plat]. Its supplies are transported in wagons and everything to Aspen Valley goes over this road. It would take but very little money to put this road in splendid condition. The road last year was in bad condition around Lake Tenaya. Mr. RuBEY. Who keeps the road in repair? Mr. CuETiN. The present OAvner has repaired it every year. Mr. RuBEY. Does the present owner of the road get any revenue from the road? Mr. CuRTix. No tolls have been collected upon the road. Orig- inally, Avhen the road Avas started, there Avere toll gates. Mr. RuBEY. Was it built, in the first instance, as a toll road ? Mr. CtJETiN. It Avas built as a road to the Tioga mines and they secured a franchise for collecting tolls, AA'hich franchise is still in force and effect. Mr. RuBEY. This road belongs to an individual ? Mr. CuETiN. I understand it belongs to the Swift estate. The franchise to collect tolls was left to a corporation — the Great Sierra Wagon Road Co. Mr. RxTBEY. When it was originally constructed, was that before or after the Government owned that park? Mr. CuRTix. The park Avas not created until October 1, 1890. Mr. RuBEY. It was built, first, by private enterprise for the purpose of getting to these mines? Mr. Ct^rtin. Yes. sir. Then an a]3i)lication for a franchise Avas made and Avas certified by W. S. Cooper. TIOGA ROAD IN YOSEMITE NATIONAL PABK. 5 Mr. RuBEY. What is the length of the franchise granted to this corporation ? Mr. CuETiN. I thinlf it runs until 1933, but I am not sure, 50 years. I am only speaking from my best recollection. Mr. Volstead. Have you any statute in California under which a franchise of that kind can be granted ? Mr. CuETiN. Yes, sir; clearly. Speaking of this matter I have no interest in it, either directly or indirectly, except that I know the gentleman who represents this road and its owners. He was before the last legislature at the extra ses- sion held in November, and spoke about a bill that was likely to be introduced. I told him that I had a matter which was coming before Congress and I expected to be here during the month of February or March, and he asked me if I would not state the facts, knowing that 1 know them probably as well as anybody. I have here a map [exhibiting] , which I am going to use whenever I get an opportunity to be heard on another bill, that will show this road. It is a Government map. Mr. Feegtjsson. Can you file it with the committee? Mr. CuETiN. I want to use it in connection with another bill. Here [indicating] is my property. Here [indicating] is Sequoia. A bill to purchase this road [indicating] passed the assembly but did not pass the senate. The Tioga Road starts right here [indicat- ing] and runs up here [indicating] and then turns right down here [indicating] . This [indicating] is where I camped last winter. The State road, for which we appropriated $50,000, commences at that point [indicating] and goes east toward Mono Lake. The bill should be amended as I suggest. This [indicating] is the boundary of the Yosemite Park, and there [indicating] is the forest reserve. You can see that a portion of this road is in the reserve [indicating] and a portion off here [indicating]. Mr. Feegtjsson. Where are the Tioga mines? Mr. CuETiN. Up here [indicating]. Mr. RuBEY. What is the length of the road? Mr. CuETiN. My understanding was that it was 60 miles, but I see that it has been fixed by the Government report at 56.4 miles. Mr. Feegtjsson. Are those mines still in operation? Mr. CuETiN. No, sir. Mr. Feegusson. How long has it been since they were in opera- tion? Mr. CuRTiN. They never did get into operation, except in the origi- nal development. That company got into some internal dissension, and they left the stores on the road at different stations. For in- stance, at this point [indicating] , where there was a storehouse, they left that stored with powder, and another place they stored the tools and left them right there. Mr. Feegusson. How long has it been since they abandoned the Tioga mines ? Mr. CuETiN. 1884 or 1885. Mr. Feegusson. They have kept up the road since that time ? Mr. CuETiN. Yes, sir. Mr. Feegusson. Why have they kept it up ? Mr. CuETiN. They own the mines and they own the franchise on the road. 6 TIOGA BOAD IN YOSEMITE NATIONAL PARK. Mr. Feegusson. Why do they keep it up? They do not charge toll? Mr. CuETiN. They could, but they do not. Mr. Feegusson. Well, why do they keep it up ? Mr. CtJETiN. The mines are said to be very valuable mines. They are patented, but I understood at the time the information was gen- erally current there that the corporation was incorporated under some State law that did not provide for assessment of the stock, and consequently they could not get from the minority stockholders any contribution, and they left the machinery, but the company still owns the mines. Then followed the depreciation in silver. Mr. RuBEY. "\¥ho goes over the road now ? Mr. CuETiN. The sight-seeing public and the Government troops. Mr. Volstead. The Yosemite Valley is down here [indicating] ? Mr. CuETiN. Here [indicating] . The Government has established a post here [indicating], at Lake Tenaya, and another one at Tuo- lumne Meadows [indicating] and one at Silver Springs [indicating]. They transport their freight, some by pack and some by wagon, over this road. Mr. Feegtjsson. Is the road used for any other purpose ? Mr. Cttetin. I do not think there are any operations going on. The mines are understood to be very valuable. I do not know. Mr. Feegusson. How long was this road built before the establish- ment of the Yosemite National Park ? Mr. CuETiN. Seven years. Mr. Feegusson. The red line marks the boundary of the park? Mr. CuETiN. Yes, sir. That is the original grant from the Federal Government to the State of California. The park originally created was this yellow line [indicating]. They changed that four times. Now, it is the red line, and the bill is pending, upon which I want to be heard, to get rid of this piece [indicating] and put it in the reserve. Mr. FEEGrss!j>f. Is this company operating anything else? Mr. CuETix. Xot that I know of. Mr. Feegusson. How long since they have operated? Mr. CuETiN. I do not think the mine has done anything since 1884 or 1885, but they still own the property, because it is patented. Mr. Feegusson. Upon what ground do they ask the Government to buy it ? Mr. CuETiN. Only this: That the Government's property is there; that it is necessary for the public — there is no other road that you could lay out — and if the Government maintains the park to which all the people are invited as a place for a resort or recreation that they certainly should give them sojne opportunity to get there. That is their argument. They can not get in there otherwise. Mr. Feegusson. Does this company propose to give up the road for its private purposes? Mr. CuETiN. If it becomes a public road they can use it the same as anybody else. Mr. Feegusson. They expect to use it? Mr. CuRTiN. As citizens, if it should become a public road, they would have a right to travel it the same as anybody else. Now, I was the author of one bill, the companion of the one that passed through the assembly, to purchase the Yosemite Road, and I shall TIOGA ROAD IN YOSEMITB NATIONAL PARK. Y follow that fight up next year, because that road goes through a poor part of the country, so far as the population is concerned. They wanted to sell the road and they offered it very reasonably to the State. The State authorities thought that the Federal Government should purchase this road. Mr. RuBEY. In your opinion, what would the construction of a road like that cost? Mr. CuRTiN. I had it from the surveyor at the time that the road cost $67,000. Mr. Browne. What would it cost now ? Mr. Cttetin. You could not construct it for that amount of money now. That road was constructed by a great deal of Chinese and cheap labor. Mr. RuBEY. Are there any bridges or culverts? Mr. CuRTiN. The bridge across the south fork of Tuolumne River, right here [indicating] was washed out, and the bridge across Yo- semite Creek was washed out. but they reconstructed the Yosemite Creek bridge, but not a very valuable one. There would be two bridges on that river. By the expenditure of $10,000 it would be a magnificent road. You could get along without the south fork bridge, but Yosemite Creek is very dangerous when the creek is rough. Mr. Feegusson. How long since this road was in good repair? Mr. CuRTiN. In good repair, not probably for many years, but because of the fact that only last year the road was completed on the other end the people of the State of California saw the necessity of this road so as to let the people get on the other side of the moun- tains. There are three counties on the other side. The State of California appropriated this money, $25,000. and when that proved insufficient we appropriated $25,000 more. The traffic will increase on that road from now on, because they can go clear across the mountains. Mr. Fergusson. Are there any other roads to the park? Mr. CtiRTiN. Only this road [indicating] which comes in from the other end. Mr. Fergusson. Who maintains that road? Mr. CuETiN. The road company. Mr. Fergusson. Was that road built before the national park was created ? Mr. CuRTiN. Yes, sir; in 1868. Mr. Fergusson. Does the Government use that road also? Mr. CuRTiN. Yes, sir. In 1864 the Federal Government granted the State of California this tract of land here [indicating]. The State of California held that grant absolutely until 1905, and then, owing to the creation of this park and the jurisdiction of the Federal Government here [indicating] and believing that it would be better managed, an act was passed ceding this tract back to the Federal Government. Mr. Volstead. For the purpose of making the Federal Govern- ment pay the expenses ? Mr. CuETiN. I suppose so. I fought it and beat it three times. I said, then, that it was the biggest outrage ever perpetrated upon the people of California. They should have kept that valley. 8 TIOGA BOAD IN YOSEMITE NATIOISrAL PARK. Mr. Fergusson. Where does this road go that you propose to sell to the Government here [indicating] ? Mr. CuRTiN. No, sir; this [indicating] is the wagon road. Mr. Fergusson. It stops there [indicating] ? Mr. CuRTiN. That is the floor of the vallej, right there [indicat- ing]. Mr. Fergusson. Is this the Tioga Eoad [indicating] ? Mr. CuRTix. It commences here [indicating] at this point. Mr. Feegusson. Where is the point on this road [indicating] that the Government has a station? Mr. Ccrtijs'. There are three stations. One is at Lake Tenaya, an outpost [indicating]. Mr. Fergussok. Is it used for anything except for tourists in travel ? Mr. CuRTix. They maintain soldiers there. Mr. Fergusson. How many soldiers? Mr. GuETiN. From three to jfive. At Silver Springs [indicating] there is the same thing. Here [indicating] is another place where they maintain troops. "We are putting at that mark [indicating] a liermanent patrol station. There is another one [indicating], but we hope to eliminate that because that is patented land. Mr. Volstead. Is this road all on Government land? Mr. CuRTiN. No, sir; not all. Mr. Volstead. How much outside of the Go\ernment land? Mr. CuRTiN. Here [indicating] is a corresponding map showing the patented area. Here is a point [indicating] , Aspen Valley. Up here [indicating] is White Wolf. That land [indicating] is pat- ented and this land [indicating] is patented. Mr. Fergusson. Public land? _ Mr. CuETiN. Yes, sir ; public domain. That is all patented land [indicating] . Mr. Volstead. You expect to eliminate some of that? Mr. Curtix. By this bill, if I can get a hearing before I go home. That is what the other bill is for. Mr. Volstead. How much of the land is patented; how large a stretch of the road is on patented land ? Mr. CuRTiN. I would say probably 7 miles; it can not be more than that. Mr. Fergusson. Out of 56 miles? Mr. CuRTiN. Yes, sir. Mr. Volstead. Were those lands patented before or after the road was laid? Mr. CuETiN. I am_ inclined to think that they were all patented after the road was laid. There was guite a movement for patentino- tmiber lands in 1886 and 1887. I think very little was patented be* fore the road was built. I am not quite sure. I think Aspen Val- ley was. That is a matter I could tell about. I haAe a report here that would give the information, if I figured it up. It shows the date of every patent. Mr. RuBEY. I think we have approximately all the information ^\e want, unless you have some additional staternent which you desire to make. Mr. Curtix. As a man who lives in that vicinity, of course I am greatly interested in the Yosemite Park; and after you pass this line TIOGA ROAD IN YOSEMITE NATIONAL PARK. 9 [indicating], beyond that point, I do not think the sun shines on a "^n^l^^*^^^^*"^ ^^^^^'^ ®P°^- ^^^^''-' ^^■'^ ^li^^' l^l^es, and streams that will baffle any attempt at description. I have been through the Grand Canyon, but for natural beautv and scenery T do not think this place IS surpassed by any other location. 'Mr. FEEcrssoN. Along this road? Mr. Cuirrix. Yes, sir. My brother, who had just traveled through Europe, came there last summer, and he said that nothing compares to the Tioga country. The public was excluded from the enjoyment of it by reason of the fact that this company opened this road in August, owing to the snow on the upper end. "The sightseeing ought to be along in June. The snow at Tioga gets 10 to -20 feet deep in the wintertime. Mr. Volstead, ^"^lien does it disappear in suuuner ? Mr. CiRTix. About the 1st of July, 'i'ou can go to Tioga then with little work, and very little work in June. There is a suit pend- ing in the circuit court of the United States on behalf of the Gov- ernment Mr. Feegusson (interposing). In regard to this road? Mr. Ctjetin. Yes, sir. Mr. RuBEY. A suit to forfeit the franchise ? Mr. CuETiN. The Federal Government never granted any fran- chise. The franchise was granted by the State. Mr. Feegusson. Is the suit pending noAv ? Mr. Ctjetin. Yes, sir. Mr. Feegusson. How long has this suit been pending? Mr. CuETiN. Since last summer — some time in the early part of the summer. It seems to me, however, that if they ever raise the point of demurrer that would settle it. Mr. Feegusson. Have you any information in regard to the suit ? Mr. CuETiN. Xo, sir; the district attorney of Mariposa County gave me the onlj' information I have. Mr. Beowne. I have a copy of the Government's bill. Mr. CuETiN. Ill the first place, the road goes through public land, and there is an express grant, and if the land is patented, subject to a prior easement, upon the expiration of* the easement the title goes to the man who holds the patent for the land. Mr. Volstead. But how about the land still in the Government? Mr. CuRTiN. Then, upon that it would cease, as it were, to be an easement upon public land. Mr. Feegusson. Has this proposition been referred to the Depart- ment of Justice? Mr. Beowne. Yes, sir; and to the Interior Department and to the Secretary of Agriculture. Mr. RuBEY. You expect to appear on this proposition ? Mr. Browne. Yes, sir. Mr. Volstead. Is the privately owned land owned by the people who own the road? Mr. Cuetin. No, sir; except the Tioga mines. Mr. Volstead. Is not the suit brought by the Government for the purpose of canceling this franchise based upon the claim that the owners of the road have neglected to keep it in repair ? Mr. Cuetin. I do not know what the ground is. •10 TIOGA BOAD IN YOSEMITE NATIONAL PARK. Mr. RuBEY. I understood Mr. Browne to say that he has a copy of the petition. ^Ir. Browne. I have a copy of the petition here. Mh. Ctjrtin. I would not hesitate long to attack that suit, because the Supreme Court of the United States has held that that is an irrevocable grant. That has been decided three times. I am an attorney by profession, and all the money that I make I fool away in this kind of investments. I like to go up there and spend a month every summer. I Avant to say that this map will be left with the committee at the time that I have the hearing upon this other bill. Mr. Browne. Could 3'ou procure a copy of that map to go with this record ? Mr. Curtin. Yes, sir. I will leave this map and get another one. STATEMENT OF MR. ALBIS B. BROWNE, OF WASHINGTON, D C. Mr. Browne. The road and the mines are owned by the family of Capt. Rudolphus N. Swift, of Massachusetts, because on the fore- closure Capt. Swift, being the heaviest owner, was obliged to buy it in. The bill filed by the United States seeks to declare null and void the two consecutive franchises granted by the two counties through which the road runs on the ground of abandonment and nonuse of the road. I have here a brief statement of the case, signed by Mr. Allen Webster, who is the counsel for the family, together with a number of affidavits showing the continued payment of taxes year by year up to the present; the expenditures year by year for the repair of the road; a statement from one officer of the United States Signal Corps, who a year or two ago took his company, with their supplies, over the road ; the statement of the members of the Sierra Club, the mountain club of California, with the resolution from that club ; and other proofs showing that that road has been used year by year up to the present time. I would like to leave the copies with the com- mittee. I have the original papers, of which those are copies, and I could leave the originals in their place, but this will be a better way for the printing, and then I will file the originals with the commit- tee. I will keep them for the present. I will file later a copy of the Government's bill. This is the only copy I have. As soon as you get the reports from the departments the committee will probably take the matter up further. I thank you very much. The papers submitted by Mr. Browne follow : Beief Statement of the Case. The Ti6ga Road, po callerl. was built cliu-iug the years 18S2 and ISS3, is 56 miles in length, ra miles of the road being located in the Yosemite Park. The cost of construction, as believed by the owners, was approximately $100,000. The cost of construction, as found by a commission appointed in 1899, as appeared from vouchers then presented, was $62,000. The cost of con- struction of a like road being constructed in 1890, as found by said commission, would be as follows: Twenty miles at $400 per mile, 33 miles at $1,220 per mile, 2 miles at $2,500 per mile, 1.15 miles at $5,000 per mile, or a total of $58,000. It would, of course, cost vastly more at the present time. The franchises will expire in 1933, having yet 21 years to run. TIOGA EOAD IN YOSEMITE NATIONAL PARK. H The present owners and their predecessors have paid taxes and kept the road in good condition from the time of its construction to the present time. The amount paid for taxes and repairs, as shown by vouchers, is over $7,000, and by competent evidence it is believed further payments can be shown carry- ing the total to $12,000. Owing to the fact that the title to the road has passed through two estates many of the vouchers have been lost, and it becomes practically impossible to show all payments made by duly executed vouchers. A public highway connects with the Tioga Road at each end. The present owners and their predecessors have always insisted upon their title to the road, have never abandoned any rights therein, have consistently paid taxes assessed on account of the road, and have each year, as soon as the snow has melted so that work could be commenced, put a gang of workmen on the road and repaired it from end to end. While it is true the owners have not collected toll for the use of the road for many years, this has been on account of the expense involved in establish- ing gates and arranging for toUgate keepers, hence the public had had the free use of the road during all this period. The establishment of the park prevented development of the country in this section, and thus the value of the road as a toll road was seriously impaired. The repairs were first under the supervision of William C. Priest, formerly of Big Oak Mat, and after the decease of Mr. Priest the repairs were under the charge of and made hy Capt. Henry R. Crocker, of Crockers Station, and after the decease of Mr. Crocker the repairs have been under the charge of Mrs. Mary Hall Crocker, widow of said Capt. Henry R. Crocker, deceased. Mrs. Crocker has had charge of repairs since 1904 up to 1911, at which time she moved from Crockers Station. As to the extent of repairs, condition of road, and detail of expenses, see under these various headings. It is estimated by competent persons that $10,000 will put the road In flrst- class condition. The taking of this proiierty without Just eompensatiou would be manifestly wrong, and the taking advantage of any technicality, if any exists, to take property clearly shown to have cost a large sum up to the present time would, we respectfully urge, be rank injustice and far beneath the dignity of the United States. The present owners are willing to sell the road to the Government for $40,000, or such lesser sum as fair-minded men shall consider reasonable under all the circumstances. A bill is now pending to authorize the purchase of the road. It is hoped the Department of Justice will recoumiend the jiurchase. Respectfully submitted. Allen Webster. ChIOKERING & CiKBGORY, Bbitton Gray, Of Cniliifirl. Copy of Affidavit of May Hall Crocker. State of California, County of San Joaquin, ss: May Hall Crocker, being first duly sworn, deposes and says : I have resided at what is commonly known as Crockers Station, situated at the junction of the Tioga and Big Ook Flat wagon roads, for the past 35 After my husband, the late Henry R. Crocker, died, I conducted the hotel at Crockers Station. I was there at the time the Tioga Road was built. My family and I have many times traveled over the road. It was built in a very thorough and substantial manner, and cost a great sum of money, I do not know the exact amount, to construct, besides varying amounts paid yearly for repair; approximately, from three to five hundred and fifty dollars per Mr W C Priest, of Big Oak Flat, had charge of the repair for several years. After his death my husband attended to the work, and after my husband's death in 1904, I have had charge of the employment of men and the disburse- ment 'of funds for repairs on the Tioga Road, with the exception of the year 12 TIOGA EOAD IN YOSE.MITB NATIONAL PAEK. 3911, after I biicl disposed of Crockers Station and removed to San Joaquin Valley. I linow, however, that (lie repair work was done iu 1911, and the road opened as usual to travel. The work has been principally repairing and replacing bridges and culverts, sawing out logs, and removing obstructions, and otherwise putting the road in condition for travel. It has been opened and traveled by teams (both heavy and light wagons), people on horseback, and pedestrians eAery year since its construction. It has never been closed to travel, except at periods when all high-altitude roads are blocked by snow. I know intimately the extent to which the Tioga Road has been used by the Government patrol while stationed within the Yosemite National Park, and know that they have used it constantly in passing to and from different parts of the park. For a great many years this road has been considered by the people who lived in my vicinity, also by the ninny tourists who have been my guests, as being a highway which we thought ought to be acquired by the State, Government, or some other public body, so that it could be freely used by tourists; from the following facts, that it lies mainly within the park limits; that it was built upon an exceptionally fine grade; and that its course leads through the finest mountain scenery in the Sierras. There is no question that if the Government should purchase this road and put it in good condition it would greatly add to the value of the park. It is still in fair condition with the exception of two or three places at Lake Tenaya and Yosemite Creek, and I believe by the expenditure of not more than $10,000 it could be put in first-class condition for automobiles and carriages. My opinion is based upon an estimate of a competent road builder, Mr. J. J. Lums- den, of Big Oak Flat, Cal. May Hall Ckockeb. Subscribed and sworn to before me this ITth day of January, 1912. [me.vl.] F. a. Dougherty, Jr., yotarii Public in and for County of San Joaquin, f^tatc of Cnliforriia. Copy of Affidavit of Clement X. Swift. K'l w all men by these presents that I, Clement N. Swift, first being duly swoiii, do, on oath, depose and s.iy I reside in Acushnet. JIass. ; I am one of the owners of the Tioga Koad. I have for many years had more or less to do with the ]iaying of expenses, both for taxes and repair of said road. By reason of my conversation with Rodolphus N. Swift, deceased, and with other members of the family and from my knowledge of the affairs, I linow that the Tioga Road was kept iu repair and money paid therefor from year to year Jrom the time of its construction in 1882 to 1883, and that taxes were paid annually on account of said road, although I am unable from personal knowledge to state the exact amounts paid. I have personal knowledge, however (and have records showing since 1901), all of the following payments for repairs, with the exception of the one marked in parentheses i by Mr. Bliss's estimate) , viz : 1896 $250.00 3 897 348.00 1898 (])v Ml-. Blis.'^'s estniate) 350.00 1899 400.00 1900 400.00 1901 360.00 1902 500.00 1903 292.33 1904 361. 93 1905 219.03 1906 428.94 1907 311.87 1908 288.02 1909 230.70 1910 357.00 1911 408.05 5, 616. 57 TIOGA BOAD IN YOSEMITE NATIONAL, PAEK. 13 I have also knowledge of tlie fact that the taxes have been paid from year to year, although I am unable to give the exact amounts because of the fact that tiie taxes on the mines and on the road were frequentlv mixed together, and owmg to the fact that many of the vouchers have been lost or mislaid. And I am knowing to the fact that the owners hn\e never al)andoued the Tioga Road, but have always insisted upon their ownership thereof, and have from year to year paid taxes and the expenses of repair. The repairs were first made under the supervision of >Jr. Pi'iest : after his death they \Aere made under the supervision of Capt. Crocker and after his death, Jlrs. Mary Hall Crocker. In sending directions for making any repairs it has been common to give directions to begin the repairs as soon as the snow had melted awnv sufflciently to permit the repairs to be properly done; and instructions were given In u.se all funds necessary to put the road in good, passable condition for use by teams. In accordance with the provisions of the franchist's, and all bills for sucii repairs were paid as soon as rendered. I have personal knowledge of the payment of the above-noted sums, excepting as to the year 1888, the total heing $5,266.57. The owners of the road have always considered It of a value approximating $100,000, but are willing to sell it to the Government for a verv much less amount. Clement X. Swift. COMMONWKALTH OF :\IASSACHUSETTS, County of Bristol, ss: Sworn to and subscribed to before me bv the aforesaid Clement X. Swift the 8th day of March, 1912. Henry S. Knowles, Xotniii Public. Copy of Affidavit of Warren Gbegory. State of California, CHii and County of San Francisco, ss: Warren Gregory, being first duly sworn, deposes and says: I am an attorney at law, and have my office in the Merchants" Exchange Building, San Francisco, Cal., and have been practicing my profession in Cali- fornia for over 20 years. I have known the highway running from a point near Sequoia or Crocker Station, in Tuolumne County, in a general easterly direction to Mono County, for many years, and have had occasion to traverse that road frequently in the past 10 years. It has been my custom to spend my summer vacations in the Sierra Nevada Mountains, in the region through which this road runs, and in that way I have had occasion to frequently drive over the road. I first personally inspected this road in the company of the late H. C. Bliss, of Springfield, Mass., whom I met at Crocker Station, and who then (;epresented the owners of the road. Mr. Bliss told me the history of the road in some de- tail, and with him I spent some two weeks with a party of men in going over Ihe road carefully and considering it from a standpoint as a highway across the Sierras. My last visit there was in the summer of 1909, when I went over the full length of the road several times with a team and wagon heavily loaded. I also certify that on one occasion while In Yosemlte Valley I met Ma.i. Chit- tendon, who had been detailed by the governmental department to examine this and other roads leading Into the Yosemlte Valley, and I had many conversa- tions with Maj. Chittendon on the subject. My interest in the matter arose from the fact that, as a member of the Sierra Club and as one who had long intimately known the Yosemlte Valley and the upper Sierra, I Imew that this road was a valuable highway and a necessary part of the development by the Government of the Yosemlte Reser- vation. In these conversations JIaj. Chittendon frequently stated the value of this road for such purposes, but he did not feel that the Government should pay any large sum therefor on account of the fact that at that time the road was not completed on the eastern slope of the Sierra in Mono County, and therefore he felt that the State of California should purchase the road rather than the United States Government. 14 TIOGA EOAD IN YOSEMITE NATIONAL PARK. Acting upon this suggestion, I personally prepared a bill, which was presented to the Legislature of the State of California, for the purchase by the State ot this road. This bill' came up at a meeting of the California Legislature 3ust subsequent to the recession bv the State to the United States (iovernment of the Yosemite Valley, and the bill was not pressed in the legislature solely because its members stated that they felt that on account of the recession to the Federal Government of the entire Yosemite A'alley that this purchase should be made by the Government and not by the State; that this was especially so in that the road was necessarily largely used by the Government patrol and that it was more interested than anyone else in having it kept in good condition. Siiljsequent to that time the State of California has now completed and paid for u good highway leading from Mono County directly up Leevining Creek on the eastern slope of the Sierra, to join with the Tioga Road at its eastern ter- minus, and this State road, with the Tioga Road, now makes a continuous high- way through the Yosemite Park. From information which I have obtained from Mr. Bliss, and from my ac- quaintance with the road, I may state that it was built in the early eighties by Chinese labor and cost upward of $60,000. Its construction is of an unusual character for mountain roads in California. The grade is a rather remarkable one, for although it ascends from Crocker Station, at about 4,500 feet elevation above sea level, to Tuolumne Meadows, about 8,000 feet elevation, the grade is such that it is possible for a team to travel at a trot nearly the whole distance. There are three places on the road which require repairs in order to put it in flrst-class condition. These are : 1. About 3 miles ascending on the eastern side of Yosemite Creek. 2. A permanent bridge across Yosemite Creek. The present bridge, a wooden one, is fairly serviceable, but as the currents in this creek are torrential at certain seasons of the year, a permanent highway would require a more perma- nent construction of the bridge. 3. The grade down into and out of Lake Tenaga ; and 4. At Snow Flat, where the snow in the early summer accumulates to a great depth. The road at these places is in bad condition owing to the working away of the soil from the road by spring freshets. The rocky stratum of the road still remains, but with numerous bowlders, so that there would have to be consider- able quantities of soil placed on the road at these particular portions. I should think, in all, about 5 or 6 miles. During each summer since I have known the road the present owners have done considerable repair work upon it. They have sent parties with teams over the road, and they have sawed the trees which have fallen across the road caused by the heavy snow, have repaired the bridges and culverts, and have generally put it in fairly good shape. I should estimate that a sum not exceeding $10,000 would place this road in first-class condition and in such a way that its subsequent upkeep would not be expensive. Owing to its original firm construction, it does not have the difiiculties that are met with in many other roads in the vicinity of the Yosemite. From the standpoint of the development of the Yosemite Park and of tourists visiting the Yosemite Valley this road affords possibilities that no other road does. This is practically because it occupies the only available pass south of the Sonora Pass, over 100 miles to the northward. There is no feasible pass across the Sierra to the south. It affords the only possible way of visiting Lake Tenaya and the Tuolumne j\Ieadows b:i' team. It must also be traversed to some extent by anyone going into the Hetcli Hetchy "\'alley. The pass between Lake Tenaya and Tuolumne Meadows is in reality a gorge, almost rivaling the Yosemite in grandeur. The Tuolumne Meadows are the largest and most beautiful open land in the entire region of the Sierra, being. I sliould estimate, some 8 miles in length and 3 to 4 miles wide. Through these meadows .the Tuolumne River runs, from the confluence of the Dana ami Lyall Forks. Mount Lyall, Mount Ritter, Mount Dana, and Mount Conness, all rising nearly 14,000 feet in elevation, are among the grandest peaks in the Sierra and are readily accessible from the Tuolumne Meadows and within a day's journey. This Tioga Road, if placed in good repair, would enable any tourist of the Yosemite Valley, by an excursion of not exceeding three days, to visit the above region and thus open up a part of the Yosemite Reservation which has never been visited to any great extent by the casual tourist, but which in reality far «xceeds in scenic beauty and desirability as an outing resort the Yosemite Valley itself. TIOGA ROAD IN YOSEMITE NATIONAL PARK. 15 With this road in good condition it -would be perfectly possible, eitiier by wagon or automobile, to visit this region from the early summer, say June 15, to late in the fall of each year. This road has also for many years been used by the patrol of the United States Government and is their only method of reaching the eastern portions of the Yosemite Park. It could not be rebuilt, with the present cost of labor, in my judgment, for much less than $100,000. Prom a somewhat wide acquaint- ance with those who have visited the Yosemite Valley and who are interested in the maintenance and upkeep of the Yosemite Park, I can state that in my judg- ment the acquisition and repair of this road would do more good toward developing the entire park than any other single step that could be taken by the Oovernment. Warren Grexsoky. Subscribed and sworn to before me this 17th day of January, 1912. [SEAL.] Charles Edelman, Notary Puhlic in and for the city and county of San Francisco, State of OaUfornia. My commission expires April 9, 1914. Copy of Affidavit of WnxiAM E. Coi.by'. State of California, City and County of San Francisco, ss: William E. Colby, being first duly sworn, deposes and says: That for nearly 20 years last past he has been interested in the mountains of California and particularly the Yosemite National Park, having made frequent trips there; during the past 10 years he has been secretary of the Sierra Club and associated closely with its president, John Muir, and is familiar with all matters pertain- ing to the welfare of the Yosemite Park; he has been over the Tioga Road leading to the Tuolumne Meadows on several different occasions, and has been manager of outings of the Sieri-a Club participated in by over 100 members each, and has taken these parties over portions of this road; that the Tioga Road is the most important means of reaching, and the only road from the west leading to, the wonderful region lying in the eastern portion of the Yosemite National Park and including the famous Tuolumne Jleudows, Mounts Lyell, Dana, and Conness (all over 13,000 feet), lakes and streams abounding in trout, and a veritable paradise for campers; that if this road is acquired by the Federal Government and improved it will do more to stimulate travel to this part of the park than any other one thing that could be done ; a State road has been built to connect with it from the east in the vicinity of Mono Lake and Craters, and when the Tioga Road is repaired it will afford one of the finest scenic trips in the United States. Wm. E. Colby. Subscribed and sworn to before me this 31st day of January, 1912. [seal.] Eugene W. Levy, Notary Public in and for the City and County of San Francisco, State of California. Copy of Resolution of the Sierra Club. I herebv certify that the following resolution w:is adoiited at a meeting of the hoard of directors of the Sierra Club held December 16, 1011 . "Resolved, That the Sierra Club is strongly in favor of the acquisition and improvement by the Federal Government of the Tioga Road in the Yosemite National Park," since this is the only wagon rond leading into the splendid scenic region of the eastern portion of the park, including the famous Tuolumne Meadows which John Muir described as the finest camp ground in the whole high Sierra Mount Lyell with its glacier, the wonderful falls and cataracts at the head of the Grand Canyon of the Tuolumne, and innumerable lakes and peaks, and the Sierra Club strongly urges that Congress take favorable action on this matter." Respectfully submitted. ^^,^^ ^^ ^^^_^^_^ Secretary of Sierra Clui. JANUARY 31, 1912. 16 TIOGA EOAD IN YOSEMITE NATIONAL PAEK. Copy of Letter Written by S. G. Megill, First Lieutenant, Signal Corps, T'nited Statks >\rmy, Commanding Company' It!. Sequoia, Cal., July 22, 1909. To tvhom it may concern: At tbe request of Jlrs. II. H. Crocker. I liave the honor to state that between July 7, 1909, and July 15, 1909, Company B, Signal Corps, passed over the Tioga Road between the South Fork of the Tuolumne and Dana Fork. Traffic had not commenced at that time, due to the snows, which were not out, and an excellent opportunity for observing the condition of the road was afforded. The roadbed was good in most places, although the top dressing had been washed off for distances aggregating from 7 to s miles. Three bridges are out, the principal one being at the Yosemite Creek. The other two are of minor importance and do not hinder traffic with the water at its present height. In two places the ri^•eted wall had given way and should be repaired before the next winter season. Beyond Lake Tenayo the road is somewhat boggy, due to the marshy condition of the country it traverses. Many trees were found blocking the trail, most of which had to be removed so that the command could pass. A detail of men clearing the others was met during the return trip. A slide occurred just beyond the Dana Fork. It blocks the trail to heavy teams, but saddle animals and pack mules can pass without difficulty. A little work would open this portion of the road to all sorts of traffic. To sum up the conditions found, it is fair to say that the general condition of the road is probably good, and in support of that I wish to say that two heavy Army wagons, three large spring wagons, and seven other vehicles were taken over the road with the company. Seeking C. JIegill, Firxt Lieutenant. Signiil i'orjifi. United i^tate.') Army. Commnnding Company E. Coi'Y OF Affidavit of J. D. Galloway. State of OALiFouxrA, City and Caimty of .s'n» I'ranc.'xco. ss: J. 1). (Julloway. being first duly sworn, deposes and says: I iim a civil engineer by profession and have my office in the First National Bank Building, San Francisco, Ci',1., and have been jiracticing my profession in California for over 20 years. I am acquainted with the highway l^nown as the Tioga Road whit-lj leads from Crocker Station in Tuolumne (bounty in an easterly direction to the summit of the Sierra Nevada beyond Tuolumne MeadoAvs. I became acquainted with this road in 1908, having selected this locality for spending my summer v.acation in the Sierra Nevada Mountains. I was with a party of four, accompanied by a pack train. We went from Crockers to Hetch-Hetchy Valley and then returned along the trail to the mountains above. From tlicro we made a sboi-t cut and joined the Tioga Road at White Wolf. From White \\o\t we followed the Tioi;a Road practically its entire length to the fnot nf Mount Dana, camping at various places, such as Lake Tenaya. The country tra\-ersed by this road lies lai-.sely in the Yosemite National Park. It covers some of the ^'r.andest scenery in California, notably the granite region surrounding I^ake Touaya and the sorge that leads to Tuolumne Meadows. Within a day's journey of Tuolumne Jleadows are several of the highest mountain peaks in the Sierra Nevada, notably Mouui Dana .and Mount Lyell. On the eastern skli' of the mountains lies Jlono I,ake. At the time of my visit to this region the State of California was constructing a wagon road from the Mono Lake country up Leevining Creek to a junction" with the Tioga Road. I understand that this road has been completed. These two roads constitute a crossing of the Sierra Nevada which is very necessary, not only a-s a means of reaching the better part of the Yosemile National Park, but of passing the mountains to the State of Nevada. No ro.-ul exists to the south of this across the mountains for at least 100 miles or more. My work as a civil engineer has been during the last 15 years largely with the construction of hydroelectric-power plants in the Sierra Nevada^ and in- cliidcii in this work is the r