Timber Sale Contract Clauses. 159 



without an undue increase in the cost of logging. Roads may 

 be made to serve as fire lines is properly located ; camp buildings 

 as future ranger stations, and there was one instance where 

 a lumber company pipe line enabled material water development. 



18. (a) The title to the timber included in this agreement shall remain 

 in the United States until it has been paid for and scaled, measured, or 

 counted, as herein provided. 



(b) The decision of the Secretary of Agriculture shall be final in the 

 interpretation of the regulations and provisions governing the sale, cut- 

 ting, and removal of the timber covered by this agreement. 



(c) Work may be suspended by the Forest officer in charge if the con- 

 ditions and requirements contained in this agreement are disregarded, and 

 the failure to comply with any one of said conditions and requirements, 

 if persisted in, will be sufficient cause for the Forester to revoke this 

 agreement and to cancel all permits for other uses of the National Forest. 



(d) No Member of or Delegate to Congress, or Resident Commissioner, 

 after his election or appointment, and either before or after he has quali- 

 fied, and during his continuance in office, shall be admitted to any share or 

 part of this contract or agreement, or to any benefit to arise thereupon. 

 Nothing, however, herein contained shall be so construed to extend to any 

 incorporated company, where such contract or agreement is made for the 

 general benefit of such incorporation or company. (Section 3741 Revised 

 Statutes, and Sections 114 to 116, Act of March 4, 1909.) 



(e) Refund of deposits under this agreement will be made only at the 

 discretion of the Forester or District Forester. 



(f) This agreement will not be assigned in whole or in part. 



(g) The conditions of the sale are completely set forth in this agree- 

 ment, and none of its terms can be varied or modified except with the 

 written consent of the Forester (or "the District Forester" in District 

 Foresters' sales, or, "the Supervisor," in Supervisors' sales.) No other 

 Forest officer has been or will be given authority for this purpose. 



(h) And as a further guarantee of a faithful performance of the con- 

 ditions of this agreement • 



(I or we deliver herewith a bond in the 



and do further agree that all moneys paid upon this 



sum of ) 



agreement shall, upon failure on part to fulfill all and 



(my or our) 

 singular the conditions and requirements herein set forth, or made a 

 part hereof, be retained by the United States to be applied as far as may 



be to the satisfaction of obligations assumed here- 



(my or our) 

 under. 



Paragraph (a) is an added security; (b) puts the decision of 

 disputes and the interpretation of the contract in the hands of 

 the government; it is rarely that work is (d) suspended, in fact, 

 during the writer's experience only one case has arisen; clause 

 (d) is required by law; refunds are ordinarily on a liberal 

 basis if the company has made an honest effort to comply with 

 the contract. If a sale were made and a company, through no 

 fault of the government, cut no timber, the cost of examining 

 the timber and marking the cutting might be first deducted from 



