Sir:-

       The Yosemite Valley Railroad Company hereby respectfully presents its claim against the United States Government for the sum of $80,158.73, being the actual cost of that certain wagon road constructed by said company over and across lands embraced in the Yosemite National Park, California, and being that portion (about 4 1/2 miles in length) of what is known as the El Portal-Yosemite Valley Stage Road lying between the Park Line and its intersection with the Coulterville Road.

       In support of this claim we beg to set forth briefly the facts which lead to and made it necessary for the Yosemite Valley Railroad Company to construct this wagon road through the Park.

       Before the construction of the Yosemite Valley Railroad from Merced through the Merced River Canyon to El Portal, the need of a railroad that would make the Yosemite National Park more accessible had for years been greatly felt and from time to time various attempts were made to interest someone in the building of such a road, in fact, it became of such importance that Congress, upon the recommendation of the Secretary of the Interior, ordered an investigation as to the feasibility of constructing a railroad along the present route of the Yosemite Valley line. A commission was appointed, known as the Chittenden Commission, which after thorough investigation reported that the route referred to was the most feasible, and among other things recommended that the Government on the completion of such a line to El Portal should construct, at its own cost, a wagon road from El Portal, the railroad terminus, to the floor of the Valley. This report was filed on August 31st, 1904, and accepted by the Secretary of the Interior and Congress. No appropriation however was ever made by Congress for the building of this road.

       Largely on the strength of the favorable report by this Commission and on its recommendation that the Government build the above mentioned wagon road Mr. F. G. Drum of San Francisco, and associates, were induced to construct the Yosemite Valley Railroad. A company was organized, rights-of-way secured, and about 8 miles of line constructed when the company endeavored to sell bonds to provide money for the completion of the road. These bonds were offered to a large bond house, who, after a thorough investigation reported favorably on the project - confirming the report made by the Chittenden Commission - but raised the point that no provision had been made for a wagon road from the railroad terminus to the floor of the Yosemite Valley and that unless a stage road this kind was constructed the railroad, as far as Yosemite business was concerned, would have no earning capacity.

       While the people interested in the railroad were satisfied the Government, in view of the Chittenden Commission's report, would, upon the completion of the railroad, build this wagon road the bond purchasers required something more definite in this respect. Therefore, Mr. N. C. Ray, who was then the Chief Engineer of the Railroad Company, was immediately sent to Washington to ascertain if the Government would carry out the recommendations made by the Chittenden Committee and construct the wagon road. Mr. Ray was informed by Mr. Hitchcock, then Secretary of the Interior, that no money was available for this purpose and that his department was unable to do anything at that time. This information was communicated by Mr. Ray to his principals in San Francisco and in view of the urgency and necessity of completing arrangements for the construction of the wagon road in order that money could be made available for the completion of the railroad Mr. Ray was instructed to make the best possible arrangements that he could with the Secretary of the Interior, and acting on this authority he agreed and stipulated with the Department on August 28th 1905, that the Yosemite Valley Railroad Company would build the 4 1/2 miles of road from the Park Line to the intersection of the Coulterville road at its own expense.

       The owners of the railroad were compelled to either accept the situation as they found it and provide money to construct the wagon road, or to abandon construction of the railroad, on which up to that time a large sum had already been expended. Mr. Ray claims that at the time these negotiations were concluded with the Government that he discussed with Mr. Hitchcock the question of having the money that the Railroad Company would be forced to expend for the construction of the wagon road repaid to it by the government at some future time, but that Mr. Hitchcock did not commit himself. While the Yosemite Valley Railroad Company did, as above mentioned, agree to construct this wagon road at its own cost, the owners always felt that after the railroad and wagon road were completed and shown to be of great value and benefit to the Yosemite National Park that the Government would in all justice reimburse them for the expenditure in question.

       In support of this claim we briefly set forth the following arguments:

1st	That the Chittenden Commission's report, which was made before the construction of the railroad, recommended that a wagon road be constructed by the government at its own expense from El Portal to the floor of the Valley.
2nd	That the wagon road constructed by the Yosemite Valley Railroad Company is within the Yosemite National Park and that it is customary for the Government to construct, at its own cost, all such roads.
3rd:	That said wagon road is the main road of entrance to the Yosemite Valley and over which practically all passengers and supplies are transported.
4th:	That if the Yosemite Valley Railroad Company had not constructed this road, which it was compelled to do owing to the fact that no appropriation was available at the time, the Government would have before now constructed such road at its own cost and expense.
5th:	That the Yosemite Valley Railroad Company has at an outlay of an enormous sum of money constructed a railroad and the said wagon road and operated same during the last 6 years at a loss of over $600,000.00, and that said loss has not been due to extravagant management of the railroad, as the low operating cost will show by reference to the statements of this company's earnings filed with the Interstate Commerce Commission.
6th:	That the building of said railroad and wagon road has made the Yosemite National Park accessible and inviting to the people.
7th:	That the construction of said railroad and wagon road has cheapened the cost of passenger transportation to the Valley at least 60%.
8th:	That the Government has been greatly benefited by the construction of said railroad and wagon road and will so continue to be benefited in the transportation of supplies and material for the improvement and maintenance of the Valley.
9th:	That the Yosemite Valley Railroad Company has never attempted to collect toll from the Government or the general public on a piece of wagon road owned by it connecting the railroad terminal at El Portal with the Park Line and wagon road herein mentioned, and that free use of said road has been allowed the Government for the last 6 years, and that if said claim is allowed and paid to the Yosemite Valley Railroad Company it will deed to the United States Government, free of cost, the said 1 mile of wagon road owned by it connecting the Park Line with El Portal - said road to have a width satisfactory to the Department of the Interior.

       Believing this matter will have your earnest consideration we rest our case in your hands.