New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-10-22
UNITED STATES CIRCUIT C0URT-ocT. 20-BcoEe
JudVe SAfATTEY


The POWER TO SERVE A SUMMONS on THE OFFICERS
ora CORPORATION.
Samuel T. B Morse al sgt the California State Telegraph
This was motion made by Mr.. j. s. Carpenter
on bs Of defendants TO qush summons served on them R
counsel plaintiffs the ground sf its being ed with
aS s plaintiff are to o s e 5o sa
rights which they aver damaged hem TO ae extent oil abouI
summons was served BY Mr. Charles Tracey the counsel
for plaintiffs Horace NJ Carpenter the President Of the
cityD Sor The purpOse,of bringing the 20 trial.
Mr. Carpenter argued on bchnf Of The President Of the Coa
power to act company Ousdesoi its corporate limits
except By Of the directors Of the Company giving such
Mr. Taey contsnded that according to the statutes OF the
corporation Of another state or country could served in this
State By summons and In such the corporation would be
an act OF Congress the code Of the various states in relation
serving summons must be the rule Of the United States
The cou did NOT agree with Mr. Tracey IN regard 70 the
view taken BY him and considered that such construction OF
MI Carpenter in reply Mr. Tracey said that matter
tive In relation to corporation having any legal existence
for the purposes Of being sued and having judgments obtained
against it outside Of the territory to which It's corporate powers
The Court took the papers and rescr7ed its decision
UNITED STATES DISTRICT COURT-ocT. 2o.-Before
Judge BITS
DECISION By JUDGE BETTs-IMP0RTANT sEAMENs
WAGES cAsE-THB TREATY PowBas OF coNsULs, &C.
II w. Shienborg ct al.
Answer and exceptions. Libel filed Oct. I3 1868;
snsweI and exceptions Jan O. 1896 points submitted jan 49,
libel was fled in the above action by members Of the crew
Of the BARK Bremen vessel in the port OF New York
the 18th u October 1865 then in prosecution Of a. trading
voyage through various ports her home pos demanding
Of wages earned by the beiants up to the tine o.
lie 10th day OF Jauuary eressr ;he Of
said ba appeared In court and nteTosed ana Ned MS answer
and exceptions to the eSEessd Libel ana to8e OK issue nso
and rendered services on board under regular shipping con
tract earned wages tbeefOm and thet the libel
ants bound themselves TO remain with The said vessel and per
form duty on board her during the period OF their shipping en-
gagementj and that tho heants in violation Of such
contract deserted and abandoned said bark New York
Aforesaid in September 1S6 before Tie termination OF her
shipping contract and against the consent and orders Of the
said ship and IN violation Of the authority and commands Of
the master Of said ship and the Consul Of Bremen at whose
Authority 70 compel The Mbelants 70 return to tie
ssa weasel and So5n a,n 70 peo ts e1ts egn
Occurrences mich ineTYeed NewYOrk upon which the
refused return 10 their obedience board and perform
their duty sgan at the request and direct orders Of the master
Of The vessel and Of the Consul OF Bremen The facts proved
oathe trial most satisfactorily demonstrate that the Heants
abandoned and deserted the ship this OCCASION without
~Sc not put o. ordered sm tho vessel BY the oiccr.
permitted to leave her By tho Consul Of her Goynnent and
turn to tho ship to their duty assuring them they would te
e return to SsT oSsdience sad.od5sry duties HE cause
assigned by the bcant for leaving the vessel The morning Of
t ser the usual hour Of serving it on board because some
pegcct egaty had taken place the vessel IN giving
mate refused hour after the usual time for them TO receive IT,
10 order II prepared for hcn inputng TO the beians them
selves tho blame Of not having given the usual and proper notice
70 tho cook 70 prepare breakfast that mornings there
fore the Hbeants In spirit OF resentpent broke on
their work upon the Vessel and abandoned her, and
laid their complaint before the Consul for Bremen
gho directed hen 20 back their duty the vessel
The beans attempted after go board Of the vessel
but the refused allow them go board without the
permission OF the master The belsns and the master met
lhe Office OF the Bremen Consa and the matter was submitted
10 his Judgment and he explicitly directed them TO return TO
duty the vessel and the Of the vessel agreed 10
ceve them 10 service They failed 20 Join the ship again. and
Instituted the present suit 20 for the voyage
treaty convention eneTedontO April 90 le between
TIC United States Of America and the Free and Hahscac M
plbcs Of Hamburg Bremen and Lubeck siplating' That
tho cOhsas vicecOnSuls commercial and vcceonmefcal
pgers Of each Of the high contracting parties shall have The
right SUCH 10 sit Judges and arbitrator In such di
ences arise between the masters and OF the yes
se belonging 10 the nation whose Interests committed TO
their charge etc. etc Q0U STATE. at Large oOJ IN IL
was clearly proved the TRIAL OF hisc before this
Court that during the separation OF the beants from the
SCI In this enns the demand by the bcnnt5 the
subject matter considered and acted upon by the Consul or
Bremen then acting snc consul this port and who al
the instance both OF the ants and the the vessel
arbrated and adudged upOa tho subject aforesaid aud DO
cdod that the bsants should and perform
board said ship aud that The belans neglected aud rcad
u comply With or Ol9y such Orisr or lsd0msnt
IL Is considered by TIE Court that Il Is al the loyal