34 



HARDWOOD RECORD 



Oitobi-r 'jr>, 191'i 



certain price based on cost and a reasonable profit, and tlie manu- 

 facturers met in Chicago and apportioned the order among all the 

 factories so that nobody was left out. In that way the government 

 will get its wagons at a fair jirice and the manufacturers \vill receive 

 a fair jjrofit. It was done by teamwork, the buyer and the sellers 

 pulling together. It is a good example of what co-operation accom- 

 plishes when honestly carried out. It developed that there was 



seasoned s-tock in the factories for only lo.iliid of the kind of wagons 

 wanted; and three experienced buyers went into the field to get the 

 remainiler. They went into different districts, so that one would not 

 bid against another. Thus the necessary material was secured quickly 

 and at fair prices, and it was <listributed among the factories accord- 

 ing to their needs. The teamwork was perfect and the results satis- 

 factory. 



Vroii-aMiroiOT!aaTOBiW:>!ii''i<^»^^ 



Pertinent Legal Findings 



Queries On r/ucntJons arlsiiifj on anu poiiifx inrolring the law as if is applied to lumherinr/ and allied induntrica will he given proper expert 

 attention throwih this department if submitted to II.MinwooD Uec'oud. Ttiere uill he no ehanje lor sueh service, but IlAiiDvviioD Ukookd 

 reserves the ri<;ht to publish questions and answers without designating names or location ol inquiries unless specifleallu requested not to do so. 



Seller's Excuse for Non-Delivery 



AVhcn an agreement is made for a sale of l\imlier to be delivered 

 in installments, and the buyer promises to pay for each installment 

 within a specified time after receipt of the bill of lading covering it, 

 his inexcusable failure to meet such payments gives the seller right to 

 refuse to make further deliveries under the contract. The buyer is 

 not justified in withholding payments because of ungrounded fear that 

 the seller may break the contract by refusing to make future deliveries 

 under the agreement. (United States district court, eastern district 

 of Pennsylvania; Savannah Kiver Sales Co. vs. McFarland; 242 

 Federal Reporter, 587.) 



Liability for Injury to Minor Employe 

 If the attention of a minor employe in a sawmill was distracted 

 from his work of guiding a log against a saw by imminent danger of 

 a nearby defective boiler exploding, he is not to be precluded from 

 recovering damages through his hand coming in contact with the 

 saw on the ground of contributory negligence; the accident being 

 fairly attributable to negligence of the operator of the saw in run- 

 ning the saw at a particular time when all present apprehended an 

 explosion of the boiler. (Mississippi supreme court. Nix vs. Walker 

 Brothers, 76 Southern Reporter, 143.) 



Employer's Duty Concerning Cant Hooks 



In a suit in which a logging employe claimed damages for injuries 

 sustained through defects in a cant hook furnished him for use in 

 loading logs on a car, the North Carolina supreme court recognizes 

 the general rule of law that an employer is not under the same 

 obligation to inspect simple tools and appliances, like hammers, lad- 

 ders, etc., any defects in which must be as obvious to the employe as 

 to the employer, as is required in the case of dangerous machinery, 

 etc. But the court holds that, in view of the fai^Js that severe 

 injuries may be expected to flow from slipping of a defective cant 

 hook, or breaking of its handle, and that plaintiff's foreman had 

 assured him that the particular cant hook was in good condition, it 

 was a question for the jury to determine whether the accident was due 

 to negligence attributable to the employer, and, hence, it was error 

 for the trial judge to declare as a matter of law that the employer 

 could not be liable because any defect in the appliance must, have 

 been apparent to plaintitf. (Bodgers vs. Houtz, 93 Southeastern 

 Reporter, 37().) 



Negligence Concerning Planing Machines 



It is actionable negligence for an employer operating planing 

 machines to permit a safety hood over the knives to remain in such 

 state of disrepair as to expose workers at the machine to injury. 

 And, inasmuch as it is an employer's duty to make reasonable inspec- 

 tions of dangerous machinery to ascertain its condition as to safety, 

 notice of defects in such a machine may be inferred from the fact 

 that they existed for a long time before resulting, in injury for which 

 suit is brought. (North Carolina supreme court. Bunch vs. Foreman 

 Blades Limiber Co., 93 Southeastern Reporter, 374.) 



Terms of Payment 

 Where lumber was sold under an agreement that eighty per cent of 

 the price should be paid upon receipt of bill of lading and invoice, 

 the billing to be to the buyer direct, draft on him with bill of lading 



attached was uuauthorizeil and entitled him to reject it. (Arkansas 

 supreme court, \Ve1:ster vs. Goolsby, 197 Southwestern Rejiorter, 286.) 



Scarce Labor Precludes Normal Production 



Tin' labor >iituatio]i is bccoiniug increasiii;;]y serious so far as the 

 Mem])his lumber industry is concerned. Every manufacturer com- 

 plains of the growing scarcity of help for operating the mills and 

 also for getting out timber in the woods. In fact, many manufac- 

 turers are quite free to confess that it is impossible to secure all the 

 help needed to man the plants and to keep logging crews full. There 

 is always considerable shortage of labor during the fall and early 

 winter because of the drain made on the available supply by the 

 ilemand for cotton pickers. But this year conditions are much worse 

 than usual for the reason that the draft law has taken away so many 

 men, and for the additional reason that there has been such a vast 

 emigration of labor from the valley states during the past few 

 months. And just now cotton pickers are being paid such a high 

 price that millmen are confronted with the alternative of raising 

 wages or finding themselves without the help absolutely essential to 

 the conduct of their business. More money is being paid out by 

 lumbermen than ever before and present indications are that still 

 higher wages will have to be paid before the cotton crop is gathered, . 

 so keen is the competition for the labor available. 



Practically ideal weather has prevailed during the past fortnight 

 for both the cutting and hauling of logs in the woods, and both 

 processes have made as rapid headway as the limited labor supply 

 would allow. But there has been an undoubted slowing down in 

 logging as a result of inability to secure all the help needed. And 

 it may also be noted that there has been during the past fortnight 

 a notable slowing down in the movement of logs to the mills at 

 Memphis and elsewhere in the Memphis territory, due principally 

 to the sharp decrease in the number of ears for handling logs. In 

 fact, such a change in the car situation has come about very recently 

 that the outlook for hardwood production has been rendered far less 

 satisfactory. Two weeks ago the mills were getting all the logs they 

 needed and were, in some instances, acquiring quite a respectable 

 reserve. The big movement of cotton, however, has diverted so many 

 cars from the handling of log shipments that logs are moving in 

 quite a restricted way, and some of the mills are already beginning to 

 run short on logs. Manufacturing operations have been on an excep- 

 tionally large scale during the past few weeks, thanks to the improved 

 I'.-ir .situation, but, with cars becoming scarce again, indications are 

 that the amount of lumber produced in the near future must neces- 

 sarily show quite a pronounced falling off. Lumber manufacturers 

 have feared a return of car shortage and likewise a decided scarcity 

 of labor, both of which are calculated to restrict production still 

 more. Now they are emphasizing the fact that winter is close at 

 hand and that, when it comes, still another restrictive influence will 

 be present — unfavorable weather for the cutting and hauling of 

 timber. In fact, just now, there is not a little pessimism regarding 

 hardwood lumber output, while the feeling is gaining ground that 

 there is nothing in the situation to cause any apprehension whatever 

 regarding excessive supplies of southern hardwoods for the late 

 winter and early spring trade. 



