Timber Sale Contract Clauses. 157 



of scaling, (see special clauses on scaling) where the methods 

 vary from the instructions given in the Manual or where past 

 dealings with a purchaser signify that there are chances for mis- 

 understandings along any particular line. 



14. All marked or designated txees and all dead timber sound enough 



for lumber of any merchantable grade of timbers 



(Insert cord wood or 



shall be cut. 



other materials to be included in the sale.) 



Unmarked or undesignated living trees which are cut ; marked or desig- 

 nated trees or merchantable dead timber left uncut; timber wasted in 

 tops, stumps, and partially sound logs ; trees left lodged in the process 

 of felling; and any timber merchantable according to the terms of this 

 agreement which is cut and not removed from any portion of the cut- 

 ting area after logging on that portion of the cutting area is completed, 

 or is not removed from the National Forest after the expiration of this 

 agreement, shall be scaled, measured or counted, and paid for at double 

 the price herein specified. 



If in doubt whether a tree is merchantable or not, it is marked 

 for cutting and the purchaser is supposed to fell it so the 

 government scaler can see how it opens up. Ordinarily any- 

 thing that will scale one-third the full scale of No. 3 common 

 or better, is considered merchantable, but of course this rule 

 cannot be applied uniformly. Any penalty scale that must be 

 imposed, should be assessed as soon as possible, since to allow 

 a continued waste in utilization to pile up against a company, 

 would be hardship. The Forest Service is at least morally re- 

 sponsible for the acts of its employees, and consequently if the 

 officer in charge of a sale makes no criticism of woods utiliza- 

 tion, it is embarassing to have an "inspector" later insist on 

 penalties for logging that has passed muster with the local 

 force. The writer has tried various schemes for systematically 

 checking the woods work as for example high stumps stamped 

 U. S. once if all right, and twice is too high. 



It occasionally happens that a company would prefer to de- 

 liberately leave certain logs in the woods and pay double stump- 

 age ; this cannot be countenanced since it is contrary to a proper 

 conservative use of the product if merchantable; if unmerchant- 

 able there is no obligation on the part of the company to take 

 out the logs and pay for them. 



15. During the time that this agreement remains in force 



(I or we) 



v/ill, independently, do all in power to prevent and 



(my or our) 



