July II). lit::i 



HARDWOOD RECORD 



25 



ment. Tlie sulistituti' shipmeut rwiclu'd l)uyei"'s statlou iu iliii' tcmrse niul 

 was refused. After somo negotiations lie unloaded the car In his yard 

 for seller's account and both sulmiitted to arbitration the question as to 

 whether ()r not buyer should neeept same. 



THE DISPUTE: Huyer lontendiHl that he was under no obligations to 

 aeeept the substitute shipment, Hrst, because of unreasonable delay, aud 

 second, because it was a divertnl ear. hence not in accordance with con- 

 tract. Seller's contention was. lirst, tliat delay was caused primarily by 

 error of carriers in not iliverting the New Yorli car as Instructed, and for 

 which he was not responsible : and secouil. that terms of order were com- 

 plied with by diverting a transit car. jirovlded he paid the recousigniug 

 charge. 



THE DI'^CISION : Held, that car originally invoiced was acceptable to 

 the buyer as applying on his order and that the seller first violated his 

 contract by attempting to divert from in transit without the knowledge 

 and consent of the buyer, a car that was first consigned to another cus- 

 tomer. The contract specitically prohibited applying any reconsigued ship- 

 ments. The seller failed in his duty to his customer by permitting him to 

 continue tracing througli the railroad companies for location of the ship- 

 ment aud permitting him to learn through the railroad agency what had 

 become of the car. The seller had no right to attempt to ship a second 

 car from the coast to apply on this order at a date far beyond when the 

 first shipment should have arrived at destination without first having the 

 consent of the buyer to do so. 'I'ho buyer advised the seller on May 12 

 they would not accept a substitute shipment. The seller diverted a ship- 

 ment on May 15. or three days later, which shipment had left the coast 

 on May 5. to buyer at his Ohio adilress. We find that the buyer is fully 

 Justified in refusing to accept the substitute car under an obligation to 

 pay for it on the original order and invoice, and tliat it is only fair and 

 right that the seller be obligi'd to either make other disposition of the car 

 or a new contract with Ilicir intemled customer at price and terms to be 

 agreed upon. 



Pertinent Information 



$1,000 Prize 



The Utilization and Waste l'n>ventiou Committee of the National 

 Lumlier Manufacturers' Association uffctn a prize of ONE THOU- 

 SAND DOLL.\RS for the best ncxp method, new machine, or new 

 dence which, in practical application or use, will result iu an 

 appreciable saving of 



(A) Labor, (B) Time, (Cl ilaterial or (D) ExpniKC when applied 

 to present manufacturing processes In the lumber industry. 



CONDITIONS 



1. The Award Committee will be the sole judge as to the 

 eligibility of all suggestions submitted in this competition. 



2. The comparative value and practical merit of all suggestious 

 or material submitted will be Judged by the actual commercial gain 

 to be obtained, and will be determined by the Award Committee of 

 fifteen lumber manufacturers to be chosen from the membership of 

 the National Lumber Manufacturers' Association. 



3. All suggestions or material must be submitted to the Tech- 

 nical Research Department of the National Lumber Manufacturers' 

 Association. Southern Building. Washington, D. C. 



4. After the prize is awardetl. the National Lumber Manufac- 

 turers' Association resen-es the right to publish at its discretion, 

 sketciies. designs or illustrative and descriptive matter covering any 

 suggestions or material submitted. 



5. If the competition develops suggestions or material that will 

 fulfill these requirements, award will be made at the Fourth Amer- 

 ii/an lAimlter Congress in 1022. 



Bigelow Corrects Error on Tariff 



In pressing for the adoption of the lumber schedule in the Fordney Tariff 

 Bill the American lumber manufacturer is only asking for full reciprocity 

 with. Canada and seeks no special advantage, Charles A. Bigelow of the 

 Kneeland Bigelow Lumber Company, Bay City, Mich., stated in an inter- 

 view recently given to the press of his home city. Mr. Bigelow uttered 

 his remarks in reply to a statement made In Washington on the lumber 

 tariff question by Donald D. Conn of the Northwestern Lumber Retailers 

 and Manufacturers' Association, which Mr. Bigelow says was misleading 

 and gave the wrong impression of tlie question. Mr. Conn had said : 



"A 25 per cent ad valorem duty on finished lumber as proposed by the 

 Ways and Means Committee would add ?2.50 to the cost of every $5,000 

 house constructed in the United States at a time when practically every 

 state is adopting special measures to promote home building. The final 



adopt ion of this unreasonable measure would counteract nil the good 

 which has l)een done by local communities to revive the buililiug industry. 

 The lumlier proilucers have not requested and a majority do not want any ' 

 tariff on Hnlsheil lund)er from Canada." , 



In his reply Mr. Higelow said it should l>e "thoroughly understood that 

 the Fordney l)ill does not propose any tariff on rough itimber. It will con- 

 tinue to come In duty free, as at present. 



".Ml that the Auu'rican lumber manufacturer asks of his government is • 

 tliat it levy the same duty on manufnctureil or milbMl lund>er that Cauaila 

 is levying, ami if Canada lets our milled lumber in free that we give the 

 Canadian product the same privilege. In other words, what is proposed 

 is full reciprocity. Our position on this matter was fairly stated by Mr. 

 Allen, secretary-treasurer of the West Coast Lumbermen's Association, 

 who testified before the committee as follows : 'The association dot's not 

 come liefore your committee asking iireferentiai treatment, that is In the 

 attitude of special pleailers. but is asking for recljirocai iluties — reciprocal 

 with tlie Canadian tariffs now in existence or that may hereafter be put 

 into effect.' 



"Under jiresent conditions the Canadian manufacturer has a monopol.v 

 of the manufacture of lumber in Canada through the levying of a 25 

 per cent duty on Imports, aud he is undoubtedly exacting the $250 per 

 home which it has been stated wcuild be charged builders if the new tariff 

 goes into effect in this country. 



"American lumber manufacturers believe that if we establish a duty as 

 high as that of Canada's that the latter government will eliminate her 

 rates entirely. All we are asking are the same rates as Canada or no duty 

 at all should Canada do likewise." 



Milling-In-Transit Tariff Issued 



The Southern lliinlwond 'I'lallic .\ssociatiiiii announces receipt of tariffs 

 of the Illinois Central and Louisville & Nashville at Memphis and the 

 Southern Railway at Cincinnati, effective July 20, 1921, iu compliance with 

 the decision of the interstate commerce commission In the famous transit 

 case successfully conducled by the former organization. • ■ '■ . 



These tariffs permit the stopping of lumber at these points for co^aceu.-. 

 tration, yarding, grading, sorting, storage, drjing, re-sawing, dressing, 

 planing or further manufacture, for a period of one year, with shipment 

 of the outbotin<l protluct at through rate from point of origin, plus a reason- 

 able charge for the stop-over privilege. This charge is 2'«e per hundred 

 pounds in tlie case of the Illinois Central and Southeru and Ic in the case 

 of the Louisville & Nashville. It is not necessary to ship kind for kiud, 

 as oak lumber can l>e shipped where gum logs are brought in and vice-versa 

 throughout the list. The association regards the charge of 2VjC per hun- 

 dred pounds as ratlier high and will seek to have this reduced to the Louis- 

 ville & Nashville basis of one cent. 



The other roads entering Memphis must have their tariffs ready by the 

 effective date ami it is expected that this will be accomplished. 



While the tariffs have not been analyzed with a view to determining 

 just what the saving will l>e to lumber manufacturers and owners of wood- 

 working enterprises at these points, officials are of the opinion that it 

 will amount to approximately 20 per cent over present rates. Present 

 transit arrangements are only partial while the new tariffs must make 

 them general. Present tariff arrangements carry only modest concessions 

 while the new ones will carry quite extensive ones. 



It was stated, when the transit case was in progress, that the association 

 would seek to have transit arrangements applied to other points than 

 Memphis. Louisville aud Cincinnati, in the event it was successful. It is 

 therefore planning to have transit arrangements extended to all points 

 where these are either desirable or necessary. 



J. H. Townsbend, secretary-manager of the association, is authorit.v 

 for the statement that these transit arrangements will prove a big stimulus 

 to the estaljlishment of j-ards and manufacturing enterprise at all points 

 affected. He is quite enthusiastic over the outlook as a result of the early 

 effectiveness of these tariffs. 



In addition to issuance of the new tariffs, the association announces 

 that transit arrangements published by the Illinois Central on lumber to 

 be plaued aud reshippod, or manufactured and reshipped, at Cairo. 111., 

 have been amended, effective July 11. The amended tariff provides for a 

 transit charge of 2i/jc per hundred pounds iu aildition to the through rate 

 and tor extension of the time limit to 12 months. Points on the Gulf 

 Coast lines and the Memphis & Meridian Railway are also added to the 

 territory from which the new transit arrangements apply. The amended 

 tariff, however, the association points out, will not apply on traflic origi- 

 uatiug prior to July 11, the effective date. 



Transit Time Limit Extension Sought 



The Southern Hardwood Tratfic Association is making strenuous efforts, 

 through negotiations direct with the carriers, for extension of the period 

 for the outbouml movement of forest products made from lumber and 

 other rough materials brought into milling centers on net rates. This 

 period is only one year and the majority of manufacturers who have 

 brought iu either logs or other rough materials during the past year have 

 not yet shipped out the products made therefrom because of market or 

 other conditions. They are, therefore, confronted with the necessity of 

 paying the difference between net and gross rates on the inbound move- 

 ment, amounting to three to four cents per hundred pounds, unless an 

 extension of t1u> time limit for shipping such outbound product is secured. ' 

 These time limits are expiring daily in the case of different firms and, 

 (Continued on page 28) 



