The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-09-09
The Inspection OF Timber.
TO THE ID1roR OF THE NEWS.

beg leave to notice briefly certain errors
into which your correspondent "Juatitia" has
fallen regarding the application Of the State
law to the recent city ordinance 10 create the
office Of INSPECTOR General or Timber aud Lcm-
ber," 60. Your correspondent asks, Can the
City Council create such ofios2" This ques-
ton he answers in the negative, relying upon
the following clause in the act Of December 40,
1853 (aot 1854. as stated by him y "The City
Council Of Charleston shall elect annually one
or more inspectors and surveyors VI timber. !"
Now, II the Inspector general is surveyor Of
timber as his oath Of Office and the duties as
signed hun by the ordinance show that he 10,
then the City Council has not exceeded its
authority in eleotmg suoh an officer, for the
act says it ''shall elect one or more" The du-
ties OF the Office and not the title OF the officer,
must decide Its legal character. II, however.
the inspector-general ie not surveyor Of
timber" but If his f1uctions are purely minis-
terial or clerical, then the 40, in gu 'stlon does
not touch his Office, for that aot relates solely
to "inspeotors and surveyors OF timber"
Your correspondent further alleges that the
ordinance violates also the "act OF 1855, redu-
cling the fees Of the messurers to eight cents
per Thousand feet" In this he is again in er-
following from the act with the clause IN the
ordinance fixing the fee IN relation to timber.
The act says Section 1, eThe public mea-
surera of ranging timber in the City of Charles
ton shall be entitled to receive for measuring
ranging timber eight cents per thouaa nd for
every thousand feet measured" The ordl-
pance says Section IA, "The fees for the sur
vey and inspection OF all timber shall be thir-
ty cents per thousand feet, twenty-five cents
OF that amount to be paid to the surveyor, or
acting surveyor, and the remaining eight cents
to be paid to the ,nspeotor-general." 1t ID
clear that the act presoribes the fee for mea-
surina only. while the ordinance gives the fees
for measuring and inspecting. To measure is
simply to determine the number OF feet, board
measure; while to inspect, according to the
ordnance. is to determine the quality OF the
timber, to classify and mark it, and to return
to the owner q survey-bill setting forth such
classification.
Iagree with your correspondent in the opin.
ion that the new ordinance IS, in some re-
speots. unjust to the tlmber-cutters; 1g but the S
grievances does not lie either IN the title OF
the ofRoe OF inspector general" or In the
fees charged for inspection and measurement.
bit IN the mode OF measurement aud in the
classification. It is THE: Section provides
that mill timber must be measured at one
third from the top" instead OF It's being mea-
sured in the middle as heretofore. In q stick
OF timber sixty (60) feet in length, twenty-four
(24) inches at the butt, and Gwenty-one (H)
inches at the top, thus allowing only one
~ inoh taper to every twenty running
feet, the timber-cutter or seller will lose
twenty-seven feet, board measure, by having
the stiok measured at one-third from the top
instead OF ct the mid lie, while the buyer gains
by the excess OF size between the point OF
measurement aud the butt OF the stick. In other
words, the buyer gaius by two-thirds OF the
length towards the butt, and loses nothing 10
the remaining third towards the top, while the
seller loses in the entire length. Again Section
4 provides that all timber having ring, wind
or heart shakes" shall be olassed as 'defeo-
tive timber, to be paid for at one-third the
prloe agreed upon between the buyer and
seller FOR merchantable timber"
Now these defects exist 10 Q greater or lees
degree in ail timber. and therefore should not
determine the Q assifcation. Again, Section
8 provides that all shipping timber must be
clear Of wane," yet no shipping Is ever without
"wane." The measurer should be authorized
to allow for "wane." The clause above quoted,
fxing the rate at which the buyer shall pay
the seller. is clearly improper. for the buyer
and seller have an absolute and indefeasible
right to agree upon any price to suit them
selves.
With the exception of the defects that have
cited, and which will, am assured. be reme-
died ty the City Council at an early day, the
ordinance gives general Satisfaction to the
umbsr-cutters, while tho lumber dealers gene
rally approve OF il. rho fees for measuring.
&c., timber and lumber, ore in the aggregate.
and lumber than they have ever been.
The Alderman who framed and proposed the
ordinance iu the former Council. stated, at the
time Of ITS passage, that he had submitted it to
the approval Of many large lumber dealers, and
thev all approved IL. This statement the TIM
ber-cutters whl not doubt for an inslaDt.
i. J. MAoKEY,
Inspector General Timber and Lumber.
Charlesson. September 8, 1859.