A Blighted Chestnut Operation 359 



Then, early the following spring the area may be reforested 

 artificially. This method assumes that no adequate reproduction 

 of good species exists on the cut-over area, and no seed-producing 

 trees of desirable species stand within seeding distance (which 

 is often the case). 



The work as performed on the operation described in this 

 article was let out under contract, the terms of which called for 

 the completion of the work by the contractor — he could not 

 assign it without the owner's permission, — who advanced all 

 money, kept all books, supplied all tools, men, horses, etc, the 

 work being done under the supervision of the forester. Monthly 

 account sheets were submitted to the forester, showing the gross 

 and net profit and loss on the whole operation, and the final 

 settlement called for an equal division of the total net profits 

 between the owner and the contractor. 



On the face of it, this type of contract called for absolute 

 reliability on the part of the contractor, and only when such relia- 

 bility is present should such a contract be made. But aside from 

 the element of reliability of the contractor, the system of divid- 

 ing the net profits is exceedingly dangerous to the owner. This 

 is due to the fact that such an agreement might be very readily 

 twisted around by a sharp lawyer so as to appear to a court of 

 law as constituting the owner and the contractor as partners in 

 the work. The failure of the contractor to meet some obligation 

 which he had incurred might then involve the owner in a trouble- 

 some and perhaps expensive lawsuit. 



Another feature to be considered in connection with this type 

 of contract is, that, if there is no profit — perhaps the contractor 

 is lazy and does not sell the lumber at a good price, — the owner 

 receives nothing at all for his stumpage, and if there is a deficit, 

 he may have to pay out money to cover his portion of the loss. 

 Altogether the profit-sharing contract has too many bad points 

 in it to make its use advisable. 



In making out a contract for an operation similar in char- 

 acter to the one described above, the essential points are, that 

 the contractor should pledge himself to take all the timber, large 

 and small, that is merchantable; that he will agree to complete 

 the work within a given time; that he will perform the work 



