Timber Sale Contract Clauses. 163 



high, when cut for hewn ties shall be so utilized to a ten inch diameter 

 at the top. Nothing in this contract shall be construed to prohibit the 

 purchaser from cutting more mine props than those resulting from the 

 logging operations incidental to hewing and sawing ties, provided that 

 such additional prop trees, when green, are properly marked for cutting 

 by the Forest officer. In case the purchaser finds it possible to utilize 

 fence posts of less tJian six inches in diameter at the small end, and seven 

 feet in length the same may be cut and will be charged for at the rate 

 of two cents per post. (1. p., Uinta, D4, 191 1.) 



(e) All trees cut will be utilized to a diameter of 2^/^ inches in the 

 tops for any of the classes of material herein specified. Merchantable 

 dead timber will be utilized to a minimum diameter of 8 inches in the 

 top for stulls and the remaining portion will be put to such other uses as 

 will permit of the maximum utilization to the minimum diameter limit 

 of 2J^ inches. Unless utilized for telephone poles, green timber will be 

 cut to such a diameter in the tops that after the shrinkage due to season- 

 ing has occurred, stulls with a minimum top diameter of 6 inches inside 

 of bark will be obtained and the remaining portion will be put to such 

 other uses as will permit of the maximum utilization to the minimum 

 diameter limit of 2^ inches. (1. p., Deerlodge, Di, 191 1.) 



(f) All trees cut will be utilized to the smallest diameter possible in 

 the tops in making poles and piling of the classes named in this con- 

 tract and to a minimum of 6 inches in the tops when utilized for posts, 

 (c, Pend. Oreille, Di, 191 1.) 



(g) Any material cut and removed for sale below the minimum size 



specified for saw logs in Clause shall be scaled, measured or 



counted, as the Forester shall prescribe ; converted into board measure, 

 log scale, in accordance with a ratio determined by the Forester which 

 shall conform with the current practice of the Forest Service; and paid 

 for in accordance with the established rate for such species, unless or 

 until a special rate upon such material is established by the Forester upon 

 application of the purchaser. 



Where there is chance for a misunderstanding, it is well to 

 clearly define the top utilization by clauses (a) to (f). (g) is 

 a recent clause for long term contracts. 



STUMP HEIGHTS. 



22. (a) If necessary, in the judgment of the Forest officer, exceptions 

 in the height to which stumps are to be cut may be made in the case of 

 swell butted, fire scarred or otherwise defective trees ; the stumps, how- 

 ever, will be cut low enough to include their whole merchantable con- 

 tents, (m.) 



(b) Stumps will be cut not higher than the diameter of the tree at the 

 point of cutting, and in no case higher than 18 inches. (1. p., Deerlodge, 

 Di, 1911.) 



(c) Stumps will be cut as low as possible; for trees up to two feet in 

 diameter at the stump not higher than 18 inches; for trees from two to 

 three feet, not higher than 24 inches; for trees more than three feet in 

 diameter, not higher than 30 inches; the height to be measured on the 

 uphill side of the stump. In case of defective logs, they will be scaled and 

 deductions made for defects, (w. y. p., D. fir, Bitter Root, 1908.) 



Clause (a) is seldom necessary since in the ordinary interpre- 

 tation of a contract practical exceptions would be made by the 



