Probably one of the reasons no decision was reached was because the South Dakota Mining Company was having financial problems. Peter Folsom was one person to whom they owed money. In 1895 he filed a mining lien on Wind Cave and in the fall a court confirmed his purchase of the mining rights to the cave through the South Dakota Mining Company's default of payments due him.
It is unclear why, but early in 1897 the McDonalds and Stablers dissolved their partnership. The Stablers joined forces with Peter Folsom and contested the McDonalds' prior claim to the cave. J.D. McDonald and his son, Elmer, filed separate suits against the Stabler/Folsom group. A temporary injunction against the McDonalds was issued by the court in May.
In an attempt to strengthen their claim Folsom and Stabler incorporated the Black Hills Wind Cave Company. By late April 1898, the two parties had submitted all of their evidence to the land office in Rapid City.
The son of one of the lawyers in the case between the McDonalds and the Stabler/Folsom group later wrote about the problems of the parties involved: "The usual testimony with reference to the agricultural occupation and improvement, and efforts to show mineral values were made; but there was the greatest difficulty on the part of any party to show any substantial facts in support of their right of possession or title. Hardly a spear of grass could be offered in evidence by the McDonalds, and not a nugget of gold or any assay certificate could be shown by the Stablers. It was apparent from the start of the proceedings that each party was hoping to prevail by reason of the weakness of his opponent's position..."
Continued litigation led to an appeal from the land office to the Department of the Interior and the government's attention was drawn to the cave. Reports filed by C.W. Green, Lucius Boyd, and Professor Paxton convinced the Department of the Interior that the cave was of sufficient size and interest to be reserved as a National Park. On January 16, 1900 a temporary withdrawal was made on the lands and on January 9, 1903 President Teddy Roosevelt signed the bill creating Wind Cave National Park.