200 INSPECTION AND MEASUREMENT 



Wisconsin and a part of Oregon, the Scribner rule; x in Cali- 

 fornia, the Spaulding rule; 2 in New Hampshire, the Blodgett 

 rule ; 3 in Washington, the Drew rule, 4 and in Vermont, the 

 Humphrey rule, 5 is the standard. Some of the statutes make 

 measurement by any other rule than the standard illegal; 6 

 others specifically provide that measurement by another 

 rule may be made by agreement of the parties, 7 while other 

 statutes establish a standard but do not specifically forbid 

 or authorize the use of a different rule. 8 It has been held 

 that a law which did not expressly prohibit or authorize the 

 use of any other rule than the standard was to be applied 

 only to those transactions in which there was no agreement 

 as to the rule to be used. 9 



The ordinary log rule, whether prepared by mathematical 

 calculations or from experimental data, is intended to give 

 the amount of lumber which a log of any particular di- 

 mension will saw out. 10 Some statutes have relied upon 

 the general knowledge of the rule named as a sufficient 

 identification of the standard adopted, n while others have 

 either given the mathematical formula upon which the 

 adopted rule is based, 12 or have set out in detail the scale 

 for logs of different dimensions. 13 



141. Custom often Controls. In recognition of 

 custom some laws have expressly provided that lumber of 



1. Revised Civil Code of Idaho, 1908, sec. 1501. 



General Statutes, Minnesota, 1913, Tiffany, sec. 5460 (Act of Aug. 9, 1858, Stat. 



1849-58, p. 828. 

 Revised Laws of Nevada, 1912, sec. 1440, note. Act Mar. 3, 1866, Laws of '66, p. 



198. 

 Code of W. Va., 1913, Hogg, sec. 3412 (Act Feb. 24, 1883, Laws of 1883, p. 97, 



ch. 66.) 



Wisconsin Statutes, 1913, sec. 1737. 

 Laws of Oregon, 1910, Lord, sec. 5076. 



2. General Laws of California, 1914, Henning & Deering, p. 927 (Laws of 1877-78, 



p. 604, as amended by Laws of 1880, p. 119.) 



3. Public Statutes of N. H., 1901, Chase, ch. 128, sec. 5, p. 404. 



4. Codes & Statutes of Washington, 1910, Remington & Ballinger, sec. 7074. 



5. Public Statutes of Vermont, 1906, Lord & Darling, sec. 4810; see sec. 4916, act 



Nov. 26, 1884, L. of 1884, p. 83, No. 90. 



6. Arkansas; Washington. Cf. Mississippi (illegal if it gives less number of feet than 



Doyle). See Bellew v. WDliams, (Miss.) 67 So. 849. 



7. Florida, Idaho, Louisiana, New Hampshire, Oregon, West Virginia, Wisconsin. 



8. California, Nevada, Minnesota, Vermont. 



9. Peter v. Cypress Co. (La.) 69 So. 840; See Johnson v. Burns, 39 W. Va., 658, 2t> 



S. E. 686. 



10. See Smith v. Aiken, 75 Ala. 209. 



11. Arkansas, Florida, Idaho, Minnesota, West Virginia. 



12. Louisiana, New Hampshire, Vermont. 



13. California, Wisconsin. 



