SILVICULTURE — DECISIONS. 99 



Plants, trees, etc., imported free. 



Tariff act of June 29, 1909, free list, paragraph 652 (36 Stat., 11, on p. 78). 



652. Plants, trees, shrubs, roots, seed cane, and seeds imported by 

 the Department of Agriculture or the United States Botanic Garden. 



DECISIONS. 



Contracts. 



The United States can not by suit in equity enforce specific per- 

 formance of a timber sale contract. (Sol. Op. in re Standard Lumber 

 Co., Mar. 26, 1915.) 



The general rule is that when one enters into a contract with the 

 Government, his obligation thereunder becomes fixed beyond the 

 power of any Government official to modify its terms so as to relieve 

 him of any of the burdens imposed upon him. (2 Sol. Op., 744, and 

 cases there cited.) 



It seems, however, that the proper Government officials may, by 

 acquiescence, waive the time limit in a contract by allowing the con- 

 tractor to continue the work. In such cases all the other requirements 

 of the contract govern the relations of the parties. (Id.) 



It seems also that the head of a department can waive penalties or 

 forfeitures provided for in a contract in case of nonperformance 

 within the time limit, when the Government suffers no damage by the 

 delay ; or if it suffers some damage less than the amount of the penalty 

 or forfeiture, he may remit all above the actual damage which the 

 Government has suffered. (Id.) 



It seems further that in cases where the interests of the Govern- 

 ment clearly so require, the head of a department may modify or 

 abrogate a contract with or without the consent of the contractor. If 

 done without the consent of the contractor and he suffers damage or 

 loss thereby, he probably has a claim against the United States for 

 the amount thereof. The officer modifying or abrogating a contract 

 may or may not have power to settle the claim, depending upon the 

 circumstances and the terms of the statute under which he is acting. 



(id.) 



The Comptroller of the Treasury applies the foregoing general 

 rules to timber sale contracts in the same manner and to the same ex- 

 tent as to other contracts with the Government. (See Comptroller's 

 decision of Dec. 27, 1911, unpublished.) 



Under the provisions of a contract which provided for possible 

 extensions of time, the sureties on the bond, which was part of the 

 contract, were not discharged by reason of the extensions which 

 were granted pursuant to the contract. (United States v. McMullen 

 et al., Administrators, 222 U. S., 460.) 



Where, before expiration of a timber sale contract, the purchasers 

 notify the forestry officials that they have sold their sawmill and 

 equipment, because the contract is unprofitable, and it appears that 

 they have done no work under it for several months, the Government 

 may treat the contract as abandoned, and sell the remaining timber 

 to other parties ; but there is no authority to cancel the old contract so 

 as to relieve the purchasers thereunder from liability for damages 

 thereunder in case any shall have been found to have been sustained 

 by the United States. If, in such case, the Government sells the re- 



