40 



HARDWOOD RECORD 



Change in Address 



IlARUHOilD ItFCOED lias IlOt mdVccI. lult tlll> 



<:oramon Council of the city of Cliicago has 

 <Ieemed it wise to install a now system ol street 

 numbering in tUe downtown district, which be- 

 comes etfective on April 1. The address of 

 Hardwood liEcoitD has been changed from 353 

 Dearborn street to j37 South Dearborn street. 



Correspondents will kindly note the change 

 of address. Uotli Cliica.so advertisers and sub- 

 scribers in the district embraced in this change 

 in the numbering system will kindly advise 

 II.iRDWoon l!i:<-oi:u, that suitable corrections can 

 l)e made in tb.eir advertisements and on the sub- 

 scrti)tion list. 



Change in Headtiuarters 

 The Fenwick Lumber Company, whose general 

 offices have been located in the Bennett building. 

 Wilkesbarre. I'a.. and the sales office in the 

 Real Estate Trust building. Philadelphia, Ta.. 

 lias changed its headquarters to Fenwick, Kicli- 

 olas county. \V. Va. This change has been 

 brought about from the fact that the company 

 has cut out its northern timber holdings, and it 

 is deemed wise to locale its office at its prin- 

 <:ir)al manufacturing plant at Fenwick. The 

 concern will be represented in the eastern trade 

 ns heretofore, but in the future will specialize 

 in "West Virgina liardwoods, spruce and hemlock. 



Important Decision 



Elmer II. Adams, the well-known local lumber 

 attorney, is the author of the following report 

 on the result of a suit between the Wiborg & 

 Hanna Company of Cincinnati, O.. and the 

 ■Chicago Car Lumber Company of Chicago, which 

 has excited considerate interest for some time 

 in the Cliicago trade : 



The appellate court of this district has .lust 

 handed dowii a decision w'hich we believe is of 

 importance to the local lumber interests. The 

 facts briefly stated are as follows ■. 



Wiborg & Ilanua Company (whom we shall 

 <lesignate as the shipper) sold to the Chicago 

 Car Lumber Company (whom we shall designate 

 as the buyer) eleven cars of lumber, to be de- 

 livered f. o. b. Kensington, III. 



The sale was by written order, describing the 

 lumber and the grades and the quantity of each 

 to be shipped. 



The lumber was sold by the buyer to the 

 I'ullmau Company, and when the cars arrived 

 in Chicago were turned over by the buyer to 

 the Pullman Company. 



When the lumber arrived in Chicago the 

 rullman Company unloaded it and a portion 

 of the lumber was claimed not to be up to 

 grade and was placed in the rejects, and the 

 buyer refused to pay for the rejects, but did 

 pay for the lumber that was up to grade. 



Thereupon the seller commenced suit, con- 

 lending that inasmuch as the lumber had been 

 received in Chicago and nil of it unloaded and 

 part used, this was an acceptance of the 

 entire quantity, and the buyer was obliged to 

 pay the contract price for the entire shipment, 

 regardless of the fact whether it was all up to 

 grade or not. 



The apiiellale court, in passing upon this 

 question, used the following language ; 



"The questions presented by this record are 

 few and simple. Appellants ordered b.v letter 

 given quaiitities of specified grades of lum- 

 ber at slated prices for the different grades, and 

 they had a right to show, if tlie.v ccuild, that 

 some pcu-ti{)n of the lumber ordered was not de- 

 livered to them. They are not bound to pay at 

 contract price for any lumber sent them which 

 was inferior to the grade ordered. 



To maintain its action, appellee was bound 

 to prove that it had complied with the re- 

 quirements of the contract, and appellants had 

 a right to show, if they could, that some por- 

 tion of the lumber was of a lower grade than 

 that ordered. Under the circumsiances shown, 

 the inspection of the lumber and the acceptance 

 of such as was conceded to be of the grade 

 ordered, did not make appellants liable at the 

 contract price for sucli of the lumber (it any 

 there was) ag was of inferior grade to that 

 ordered. 



Whether any portion, and if any. how much 

 of the lumber received was of such inferior 

 grade were clearlj questions for the .lury." 



So that it is no longer a question of law to 

 he decided by the court, that you are required 

 to take all of it. whether it is up to grade or 

 not, but it is a fact for Ihe jury to decide upon 

 to hold you responsible for all that is up to 

 grade according to the contract price, and for 

 the market value of whatever you accept, which 

 is not up to grade. 



explains the tardiness on the part of many. I 

 lielievi- that responses to the second call will be 

 not only practically unanimous on the part of 

 those wlio have responded to the first call, but 

 that the responses will come in very promptly. 



Hoo-Hoo Death Emergency Fund 

 The Record is in receipt of a letter from J. II. 

 Baird, Supreme Serivenoter of Hoo-Hoo, iu 

 which he states that deaths have come thick 

 and fast in February and March — five in Feb- 

 ruary, as against one in .January. The showing 

 for March is still worse, four claims having been 

 paid up to March 14. He states that the pay- 

 ments did not begin until December and several 

 claims paid during that month were on deaths 

 which occurred in October and November and 

 even as far back as September. 



The jilan ujion which this fund was eslablislied 

 and is being administered provides : 



■'When, by reason of death payments as above 

 provided, tlie fund in hand shall have been re- 

 duced to JfS.OOU, or in the judgment of the Snark 

 and Serivenoter, is about to be reduced to such 

 sum. another invitation to subscribe to the fund 

 shall be immediately issued to every member of 

 the order. But no renewal of subscription shall 

 be demanded on account of response to first call. 

 Response to all invitations, whether to the estab- 

 lishment or to the successive replenishment of 

 the fund, shall be purely voluntary." 



As will be remembered this plan was to be- 

 come ofTcctive when a minimum fund of $G,000 

 had been subscribed at the rate of $2 for each 

 subscriber. Wlien this amount was reached the 

 members of the fund became possible claimants 

 and the plan was put into effect. On JIarch ]4 

 the total receipts amounted to $7,817.02. while 

 The disbursements up to that time were .$3,750 

 for death claims and $337.38 for printing and 

 postage, thus leaving on hand a balance of only 

 $3,7S4.2^i. 



Mr. Baird further states that if the present 

 death rate keeps up for even a few weeks, the 

 .f2,000 limit will very soon be readied. With 

 tills in mind, literature for a "second call" is 

 now being prepared and will undoubtedly be 

 sent out some time in April. According lo the 

 terms of the plan, at the expiration of fifteen 

 days after the second call goes out the records 

 will be closed so far as subscribers in response 

 to the first call ai;o concerned, and no sub- 

 scriber in response to that call, no matter when 

 his subscription is received, will be in line to 

 receive a deatli payment unless the death occurs 

 prior to the expiration of the fifteen days fol- 

 lowing the issuance of the "second call." 



In trying to make the matter satisfactorily 

 clear to subscribers, Mr. Baird writes as follows: 



Subscriptions liave continued to come in right 

 along in small volumes, some being received al- 

 most every day. If a man's subscription is re- 

 ceived today, and the second call is issued, say, 

 April 15. he will be in line to receive payment 

 only if deatli occurs prior to April 30: in other 

 words, he will be paying .?2.00 for an indemnity, 

 so to speak, that extends over only about forty- 

 five days. I suspect there is going to be con- 

 siderable correspondence coming up to make this 

 clear, and I, therefore, desire that you give the 

 gist of this letter as much space in your paper 

 as you can. In getting out the second call a 

 careful explanation of the plan upon which the 

 fund is established, will be incorporated in an 

 efTort to make it just as clear as possible. A 

 point that should be brought out in discussing 

 this is that the man who subscribes now had 

 opportunity to subscribe last August, when the 

 first announcement was sent out. and it is his 

 own fault that he is tardy in coming in. and con- 

 sequently pays ,$2.00 for a very short term of 

 insurance. As he has not died, however, be has 

 no real grounds for complaint and a prompt 

 response to the second call will put him in line 

 for Indemnity throughout the entire period that 

 will supervene between that call and fifteen days 

 following the date of the issuance of the third 

 call. 



It is clear that many men held back on con- 

 tributing until they could see whether or not the 

 plan would pro\^e a success. This undoubtedly 



A Handsome Dry-Kiln Catalog 



liAHDWOOD Kecood has just received a copy 

 t>( a new catalog .gotten out by the Morton Dry- 

 iviln Company of Chicago, which forcibly sets 

 forth and handsomely illustrates that company's 

 moist air system of dry-kiln construction. It Is 

 one of the finest catalogs along this line we have 

 iver seen and certainly affords excellent reading 

 for those interested in the subject of drying 

 lumber. 



Monthly Eeport N. H. L. A, 



The Ri;cMiiD is in receipt of the following 

 monthly letter and statement from the office of 

 the secretary of the National Hardwood Lumber 

 .Association : 



CiiiLAGo. III., March 15, 1911. 



To the Membership : We are enclosing a state- 

 ment of the oflicial inspection for February, 

 which shows total amount inspected during the 

 month 0.477.515 feet. Notwithstanding the fact 

 that February, the short month, with legal holi- 

 days and we.ather conditions rendering inspection 

 impossible at many points, gave us only eighteen 

 working days, our salaried inspectors show an 

 increase of" 237.000 feet over February, 1910. 

 You should bear in mind that the month of 

 February was crowded full of strenuous politics 

 and experience has shown that such conditions 

 are rarely, if ever, conducive to prosperous busi- 

 ness conditions. 



The annoying question of proposed railroad 

 freight rate "advances has been disposed of dur- 

 ing the past month and as the extra session of 

 Congress can hardly be expected to accomplish 

 anything that will disarrange existing conditions 

 to any "extent, we believe that further improve- 

 ment "in the hardwood trade will soon be noticed. 

 In view of these conditions the net cost to the 

 association for the maintenance of the inspection 

 service of $701.82, during i'ebruary, should not 

 be considered excessive. 



Since our last month's letter was issued, thir- 

 teen new applications have been received, making 

 a total of 112 new members since the Louisville 

 (onvention. 



The Memphis lumbermen have organized their 

 committees on arrangements for the fourteenth 

 annual convention, the dates for which will be 

 announced following the Executive Committee 

 meeting to be held during the present month. 

 F. A. DiGGiNSj President. 



F. F. FfSfi, Secretary. 



FEBRUARY STATEMENT 



SiLAraED IXSPECTOKS 



Feet inspected. 



Frank R. Buck, Chicago, III 240,853 



John J. Lorden, Chicago, 111 102,807 



.T. J. Shepard, Chicago, 111 183,066 



F. P. Southgate, Chicago, 111. , .254.959 



W. H. Long, St. Louis. "Mo 296.589 



W. E. Robinson, St. Louis, Mo. 668,368 

 W. T. North. Memphis, Tenn .. .148,379 

 lieo. C. Teetes, Memphis, Tenn. 191,712 



C. E. McSmith, New Orleans, La. 144,720 

 .1, L. Benson, Alexandria, La... 245. 771 



D. E. Buchanan. Cincinnati, O.. 298.119 

 .Tos. Waltman, Louisville, Ky... 20.860 

 C. C. Ferguson, Louisville, Ky.. 190,299 

 .los. Patterson, New York City . .187,183 



.1. L. Stewart. Buffalo. N. Y 221,125 



.1. J. Miller, Buffalo. N. Y £02,251 



II. F. Thompson, Philadelphia, 



ra 208.509 



,1. 1. Weeks, Pittsburg, Pa 185,157 



H. W. Bowler, Boston, Mass 24.5,061 



.\. G. Langeluttig, Baltimore, Md.110.175 

 Thomas A. Hall. Detroit, Mich.292..599 

 Ed. Borgeson, Minneapolis, Minn. 206.349 

 II. A. Hoover, chief inspector. . . 88,693 



5,054.210 



Fee Inspectors 



R. W. Child. Mobile, Ala 89,237 



(Jeo. R. Dunn. Boston, Mass.... 78.709 

 .1. E. Byrns. Escanaba, Mich. . . . 24,748 

 Chas. "Christianson, Manistee, 



Mich 394,300 



,T. S. Coman. Menominee. Mich. .186.768 

 W. M. Clemens, Thompson, Mich. 88,540 

 Peterson & Lovcll, Manistee, 



Mich 0,274 



Scott & Rickhotf, Ludington, 



Mich 34,431 



Walter Tillitson, Grand Rapids, 



Mich 425,989 



C. M. Sands, Chattanooga, Tenn. 55,144 



J. H. Gerlach, Norfolk. Va 36,156 



1,423,305 



0.477.515 



