Timber Sale Contract Clauses. 177 



(g) We do hereby agree as a part of the consideration of this agree- 

 ment to grant to the Forest Service, may designate the privilege of using 

 the main lines of railroad, both on and off National Forest land, which 

 will be constructed, owned or controlled for tJie purpose of logging the 

 timber of the area specified in this contract, for the purpose of or in con- 

 nection with the logging of any National Forest timber naturally tributary 

 to the said main lines of railroad, at such rates and under such regula- 

 tions as may be specified by the District Forester ; And further provided, 

 that any such arrangement for the use of said roailroad lines may be 

 terminated at the date of the expiration of this contract at the option of 

 the undersigned ; provided, however, that in the event the arrangement 

 for the use of said railroad lines is terminated at the date of the expi- 

 ration of this contract by the undersigned, the United States shall have 

 the right as a part of the consideration of this agreement, to purchase 

 the said railroad lines or to designate a person or persons who shall also 

 have the right to purchase the said railroad lines, at such terms as may 

 be mutually agreed upon between the United States or the person or per- 

 sons it may designate and the owners of the said railroad lines; Pro- 

 vided, further, that in the event it is impossible for the parties aforesaid 

 to agree upon a purchase price a board of appraisers consisting of three 

 persons, one to be named by the undersigned, one to be named by the 

 District Forester, and one to be named by the holder of any timber-sale 

 agreement which would be affected by the use of the said railroad lines, 

 and whose name shall be designated by the District Forester, shall fix the 

 price at which tJie said railroad lines shall be purchased. This said option 

 to purchase must be exercised within one (i) month from the date of the 

 expiration of this agreement. The board of appraisers shall meet upon 

 the call of the District Forester and the majority vote shall be binding 

 on the board. It is hereby specifically understood and agreed that any 

 purchaser of said railroad lines shall be an actual bona fide purchaser of 

 timber which is tributary to such lines, (w. y. p., w. 1., D. f., w. f.. Whit- 

 man, D 6, 1911.) 



(h) Whenever necessary in the judgment of the Forest officer, the pur- 

 chaser shall clear, and keep clear, the railroad rights of way of all in- 

 flammable material including snags, and dead trees, for a distance of 100 

 feet on either side of the center of the main track and spur tracks, in such 

 manner and at such times as may be designated by the Forest officer in 

 charge. No refuse shall be burned during the months of June, July, Au- 

 gust and September of each year without the written consent of the 

 Supervisor ; also during these months the purchaser may be required in 

 the discretion of the Forest Supervisor, to patrol all railroad tracks after 

 the passage of each locomotive, (w. y. p., D. f., larch, Whitman, D 6, 

 1911.) 



As already explained, the use of oil (b) (d) is preferable to 

 any spark arrestor (a) yet devised; (c) merely protects the 

 purchaser from his obligation; lumber companies often object (d) 

 (e) (f) to their logging railroads being made common carriers 

 because of their liabilities in case of accident. Even with oil 

 burning engines, cleared rights of way are a necessary precaution 

 and form admirable fire lines, (h). 



USE OF RAILWAY SPEEDERS. 



44. (a) The use of railway speeders by Forest officers for official duty 

 shall be allowed upon all lines of railway south of Snowflake, Arizona, 



