The board of officers appointed to report upon this claim recommends that the claimant be awarded the sum of $625.83 and an additional sum of $84.75 be paid the claimant from the company fund, Three Hundred and Eighth Company, Civilian Conservation Corps, which sums the claimant has not agreed to accept in full satisfaction of its claim, as shown by signed statement of December 21, 1936, (exhibit UU). This statement indicates that, owing to the fact that the claimant has been relieved of any monetary responsibility for damages sustained to the buildings on its leased premises which occurred during the occupancy of the site by the Civilian Conservation Corps, the claimant is eliminating from its claim the items included under "Buildings." Although the claimant has agreed to eliminate the item of $1,314.04 for damages to its leased buildings, it still contends that it should be paid $1,601.10 to cover installation of a new water system, and $410.00 for the destruction of a pool that was on the premises when originally occupied by the Civilian Conservation Corps. However, the Civilian Conservation Corps was relieved of any responsibility for damages sustained to the grounds which occurred during its occupancy of the site (exhibit QQ). An analysis of the water procured from the well located on the premises indicates that the test meets the United States Treasury Department standards of potable water, which precludes any necessity for obtaining water from some source off the premises (exhibits RR and TT). This board finds as follows: FINDINGS (1) That the Pennsylvania State College is the lessee of the larger portion of the premises occupied by Civilian Conservation Corps Camp S-59-Pa., at McAlevy's Fort, Pa., from May 6, 1933, to October 31, 1935. (2) That said camp site was occupied under authority of the owner, Commonwealth of Pennsylvania, Department of Forests and Waters. (3) That the Pennsylvania State College authorities objected when Civilian Conservation Corps Company No. 308 first occupied this property leased to the college, as such occupancy deprived the college of enjoying the benefits of its own property; that shortly after the Civilian Conservation Corps occupied this camp site the Pennsylvania State College withdrew its objection. (4) That at the time said camp site was first occupied by the Civilian Conservation Corps there were located thereon a residence and a barn, owned by the State of Pennsylvania but leased to the Pennsylvania State College; that in addition to these structures there were 16 small cabins and several outbuildings on the premises which were erected by and belonged to the Pennsylvania State College. (5) That there was considerable miscellaneous equipment of the Pennsylvania State College stored on said camp site at the time it was occupied by the Čivilian Conservation Corps, but there was no accurate inventory of this equipment; that representatives of the college moved some of its equipment off the premises and left some; that some of the college-owned equipment left on the premises was loaned for the use of the Civilian Conservation Corps camp and a receipt therefor was obtained from the camp officers; and that some of the college-owned equipment was stored on the camp site with the understanding that it was not to be used by the Civilian Conservation Corps camp. (6) That of the 58 items of college-owned equipment which are alleged to have been either loaned for use of the Civilian Conservation Corps camp, or stored on the camp site, and which claimant alleges were either damaged, lost, or otherwise unaccounted for, no definite knowledge has been given to prove the presence in the camp or use by the Civilian Conservation Corps of 27 of these items; that as to 15 of these items it is found that they were either not used or damaged by the Civilian Conservation Corps, or were elsewhere located and accounted for, or they were replaced with items in kind; that 16 of these items were either lost or damaged by the Civilian Conservation Corps and should be paid for by the United States. (7) That due to the fact that the Civilian Conservation Corps turned the buildings and improvements constructed by it on the camp site over to the State of Pennsylvania, and the State of Pennsylvania then turned these buildings and improvements over to the Pennsylvania State College for use in connection with its lease, and in view of the fact that the State of Pennsylvania released the United States from responsibility for damages to the buildings leased to the Pennsylvania State College, the claim for $1,314.04 to restore these buildings to the same condition existing at the time of original occupancy by the Civilian Conservation Corps is obviated. The value of the new buildings and improvements left on the premises by the Civilian Conservation Corps is far greater than the alleged damages to the buildings and improvements located on the premises at the time the Civilian Conservation Corps took possession. S. Repts., 76-3, vol. 3 -35 (8) That the claim for $1,601.10 for installing a new water system is also obviated, in view of the above-mentioned release from responsibility for damages to the grounds leased to the Pennsylvania State College, and in view of the fact that the result of the analysis of the water procured from the well located on the premises indicates that the water is potable. (9) That the claim for $410 on account of the destruction of an aquatic pool is also obviated, in view of the fact that the filling up of this pool was necessary for sanitary reasons, and the owner of the property has released the United States from responsibility for damages to the grounds leased to the Pennsylvania State College. RECOMMENDATIONS This Board recommends that the claim of the Pennsylvania State College be allowed in the sum of $625.93, itemized as follows: (a) For replacement of pipes and fittings in shower room $16.00 (b) For damages to cabins owned by the Pennsylvania State College__ (c) For damages to cooking range.. 80.00 12.00 (d) For damages to oil stove... (e) For damages to large water ram with fittings_. 8. 00 20.00 (f) For 200 feet of 2-inch water pipe with connections at $21.40 per 100 feet.. 42.80 (g) For 1,800 feet of 14-inch water pipe with connections at $15.91 per 100 feet___ (h) For damages to 1 large refrigerator... (i) For drainboards, faucets, and fittings for kitchen sink. (j) For 1,000 feet of lumber____ (k) For oil cloth used on tables and shelves__ (1) For 4 shower heads at $4 each... (m) For 5 Yale spring locks at $2 each.. (n) For 21 screen doors at $1.75 each.. (0) For 1 cord of wood... Total_ Approved: 286. 38 25.00 10. 00 35. 00 18. 00 16. 00 10. 00 36.75 10. 00 625. 93 REAL ESTATE CLAIMS Board, Captain, Q. M. C., Member. A. OWEN SEAMAN, SETTLEMENT CERTIFICATE GENERAL ACCOUNTING OFFICE, The PENNSYLVANIA STATE COLLEGE, CLAIMS DIVISION, Washington, October 26, 1937. Office of the Treasurer, State College, Pa. SIRS: Your claim, No. 0153464, for $5,105.12, on account of alleged damages to your property by the United States in the operation of Civilian Conservation Corps camp S-59-Pa, McAlvey's Fort, Pa., during the period May 6, 1933, to October 31, 1935, has been carefully examined and it is found that no part thereof may be allowed for the reasons hereinafter stated. It is not necessary to consider the individual items constituting the total amount of your claim as you are advised that such a claim may not be allowed, as there does not appear to be any appropriation available to pay a claim of this character. See section 3678, Revised Statutes, title 31, United States Code, section 628. There is therefore no legal authority for payment of the amount or any part thereof claimed by you. I therefore certify that no balance is found due you from the United States. Respectfully, Hon. R. D. HETZEL, EXHIBIT K COMMONWEALTH OF PENNSYLVANIA, President, Pennsylvania State College, State College, Pa. MY DEAR MR. HETZEL: I attach agreement, in duplicate, for the use of the premises known as the Saeger farm, containing thereon building No. 5D4, a frame barn and outbuildings, situate in Jackson Township, Huntingdon County, in the Logan State Forest. You will note we have attached to this agreement a draft of the above farm. If this agreement is satisfactory will you kindly have both copies executed and return them to this office for completion? We will be glad if you will give the above your prompt attention. Sincerely yours, LEWIS E. STALEY. This agreement, made this Twenty-fourth day of February A. D., 1931, between the Department of Forests and Waters, by Lewis E. Staley, secretary, Party of the First Part (hereinafter called the Department), and the Pennsylvania State College, of State College, Pa., Party of the Second Part (hereinafter called the Lessee): Witnesseth that, for and in consideration of the premises hereof the parties hereto mutually agree as follows: (1) That for and in consideartion of One ($1.00) Dollar paid by the party of the second part to the party of the first part, the receipt of which is hereby acknowledged, the party of the first part grants and leases unto the party of the second part, hereinafter called the lessee, for a term of ten (10) years, from the date hereof. The premises known as the "Saeger Farm" (as more fully described in Article 2) containing thereon, building #5D4, a frame barn, together with outbuildings, situated in Jackson Township, Huntingdon County, in the Logan State Forest. Reserving, however, to the Department for administrative use the said building #5D4, at such time as it is not used by the Department of Nature Study. The time of use to be mutually agreed upon. (2) The premises known as the "Saeger Farm" is shown on the attached blue print which shall become a part of this agreement. (3) The duration of this lease shall be (unless sooner terminated as provided herein) ten (10) years. (4) The annual rental which the lessee shall pay to the Department for the use of the premises leased hereby shall be the necessary painting and repairs to the buildings owned by the Department and by the Lessee so as to keep them in a satisfactory and sightly condition, usual wear and tear excepted; said improvements to be approved by the District Forester before they are made. (5) The premises hereby leased shall not be used by the lessee to conduct a business of any character, nor for the sale of commodities, except where the Department shall deem such business necessary, and then only after the making of a proper application to the Department for special permission to conduct the same, provided the Department approves the application and directs that the lessee may conduct such business. The sale of text books and supplies to Nature Study Students is mutually agreed upon. (6) The lessee shall not underlet the premises hereby leased, or any portion thereof, without consent in writing first obtained from the Department, and shall not use or conduct such management on said premises, nor permit them to be used and managed, in a way which may bring discredit and unfavorable public criticism upon the Department. Of the propriety of use the Department is hereby made the sole judge. (7) The lessee shall, without expense to the Department, keep the premises in a clean, sanitary, and presentable condition, and shall comply with all the laws, rules, and orders of the State Department of Health now existing or hereafter adopted; shall do no injury to the trees or other growth on the leased land or the surrounding State Forest land; shall obey all the rules of the Department of Forests and Waters now existing or hereafter adopted concerning the occupancy and use of State Forest land, and do everything possible to cause others to obey said rules; and shall take special precaution against setting fire to the Forest. The lessee shall also furnish the Forester with his telephone and telegraph address. (8) The lessee, students, members, and guests shall obey all laws and rules relating to forests, fish, and game; shall not permit the discharge of firearms in or near State Forests, except at game in season or at a target well protected; and shall not throw burning matches, hot ashes, smoking materials, or any inflammable matter about so that they can possibly start forest fires. (9) The lessee shall have free ingress and egress through and over the State Forest at points designated by the Department, for the use of the premises hereby leased. (10) The lessee, students, and guests may gather flowers and fruit to a reasonable extent from the surrounding State Forest, but shall not gather flowers from woody plants or shrubs nor destroy or injure any growing trees or woody growth on the State Forests, except with special permission from the Forester in charge. (11) If the lessee desires to construct any building, or buildings, or additions thereto, on the premises hereby leased, he shall first report to and obtain the approval of the Forester in charge concerning the location and kind of buildings to be constructed. (12) The lessee shall have the privilege of using at an agreed price any dead and down wood from the State Forest, but only after permission has been given by an officer of the Department. (13) Any alterations or additions made to the buildings now on the premises shall be and remain the property of the Department. Permission is hereby granted the lessee by the Department to remove or otherwise dispose of detached buildings of a temporary nature constructed for school pursposes. (14) This lease may not be assigned except upon the written consent of the Department, in response to written request from the lessee. (15) The Department reserves the right to enter upon and inspect the premises leased hereby at all times; and to that end the Forester in charge shall be supplied with a duplicate key to every building; and if the Forester or any of the Department employees are in need of the premises while in the part of the State Forest where the premises leased hereby are situated, they shall have the right to use any building, or buildings, when not in use by the lessee. (16) After satisfactory arrangements have been made with the Forester in charge, and subject to his direction, the lessee may, at his own expense, plant trees, repair roads and trails, or construct new ones in the locality of the premises leased hereby; also erect telephone lines, and for this purpose the Department will allow the lessee to take (free of charge) the necessary poles to the extent the Forester indicates such poles for such use on the State Forest land convenient to the locality where the line is to be built; and provided the department shall have the use of such telephones without charge except in case of a toll or a long distance call. (17) The lessee shall, under the direction of the Forester in charge, clear the premises leased hereby of dead and down wood, weeds, briars, and all other inflammable debris or unsightly growth, and keep the premises in a condition to prevent any spread of or invasion by fire. (18) The lessee may terminate this lease as of the end of an annual period thereof by giving thirty days' written notice to the Department; and the lessee may renew this lease for a further period at the termination hereof, provided the lessee and the Department can agree upon the terms and conditions for such a renewal. (19) The Department may cancel and revoke this lease at any time on account of breach of any of the conditions herein provided, or if the said buildings (owned by the Department) are needed by the Department for Administrative purposes. (20) This lease shall become effective the day and year aforesaid mentioned. In witness whereof, the parties hereto have signed and sealed these presents as of this 22nd day of May 1931. Witnesses as to Department: DEPARTMENT OF FORESTS AND WATERS, FLORENCE L. FORNCROOK, By R. D. HETZEL, Witnesses as to Lessee: Secretary of the Corporation, Lessee. M. T. NITSKY. (Plat on file with the committee) Directions (printed): Any substantial variance from the following directions will cause draft to be returned to forester for correction. Plot draft as large as possible, so that you will clearly show all data pertaining to lease and its surroundings. Give courses to nearest degree or half degree. Make draft to scale. Show roads, springs, streams, or bridges, as nearly as possible to scale, with reference to corners and direction of flow. Name roads and streams. Give area in acres and hundredths of acres. Reference the leased-land area by running a tie line to one or more points of reference listed as to their importance from the standpoint of permanency, viz: to a spring, a bridge, the corner of a house now standing, intersections of two roads or trails, confluence of two streams, crossing of a road or trail over a stream, a corner of forest boundary line, the corner of an adjacent camp site, the approximate mileage along a certain road or stream to some distant landmark, etc. If the line is too long for the sheet use broken line and indicate the bearing and distance from the lease corner to the object tied to. Orient plot of leased area with respect to the points of the compass on the form. Do not crowd data. Record along each line of the plot its bearing and distance, clockwise from place of beginning. Do not allow the nearest boundary line of the camp site to come within 20 feet of any spring, lake, pond, stream, read, nor trail or so as to interfere with any likely site for future overlapping. Do not include in a camp site any more area than reasonably needed by the lessee for erection and use of his camp; half an acre or less should usually suffice. Copy of field notes (typewritten): Beginning at a stake which is N. 40% E. 137' from the intersection of the Bear Meadows and the Milroy-Stone Creek Road; thence due N. 512' to a stake; thence N. 86%1⁄2° E. 698' to a stake; thence S. 102° E. 153' to a stake; thence S. 61° W. 830' to point of beginning. Containing 5.2 Further knowledge of program of Civilian Conservation Corps Camp No. 59 convinces us impracticable to hold our nature-study camp this summer. Unnecessary, therefore, for you to move camp 59 from college lease. Appreciate cooperation expressed in your letter May 20. Am wiring Secretary Staley. R. D. HETZEL. Date: June 1, 1933. EXHIBIT L Memo: To Capt. F. K. Burket, Company 308, Camp S-59-Pa., Civilian Conservation Corps. From: Prof. George R. Green, head, department of nature education. The following property, leased or belonging to the department of nature education of the Pennsylvania State College, has been loaned for the use of the above company until the end of their enlistment: Camp site: The nature camp site and premises leased by the Pennsylvania State College from the Department of Forests and Waters of the State of Pennsylvania for 10 years, under agreement dated February 24, 1931, and known as the Saeger farm, containing thereon building No. 5D4, a farm house, and frame barn together with outbuildings, situated in Jackson Township, Huntingdon County, in Logan State Forest, with approximately 10 acres of farm land. It is understood that such damage to the site as open ditches, latrine pits, garbage pits, etc., shall be repaired and the property placed as nearly as possible in its original condition before site is vacated by the Three Hundred and Eighth Company. Barn: The barn (designated as "Comstock Hall"), including the kitchen, storeroom, mess hall, shower room, and main floor of the barn-including large army range, sink and tables in kitchen, 10 tables and 20 benches in the mess hall, refrigerator in the storeroom, use of the tank on second floor of barn, and showers. |