The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-29
THE coURTs
UNITED STATES CIRCUIT COURT.
Opinions In Cases ON Appeal.
Rofnro Indaro1 Nalcon and smalIlY

bef0re Judges nelson anu Smhiey.
In the United States Circuit Court Judge Nelson pre-.
siding the following opinions In cases on appeal were
yesterday rendered.
IMPORTANT ADMIRALTY QUESTION sErTLEp-cHrEr Esc
sEERs OF ooKAs srEAMERs MAY HIRE AND DISCHARGES
Nelson C. J-This libel was filed in the court below by
seamen who had signed shipping articles for being I'M
lawfully discharged from the ship dispute arose -, -
sum monthly specified in the articles ts not seriously
disputed in the proofs that tho engineer had the an-
his department nor that he had agreed to the wages
stipulated The dispute TO DO ~ to the fact OF
discharge. tbs insisted for the ship that when the
men told the would not pay the stipulated
wages they left OF their accord or they did not
were discharged by the engineer; that he had NO a-
men did not leave Of their accord, aud the court
below have found that the engineer, who admits he
master The question was mainly one OF fact, and we
are not disposed TO interfere with the finding OF the
court below on the proofs. Decree affirmed
SUBMISSION TO AND AWARD ARBIrRAToRe FINAL IN Tux
coURrs--AN OLD TELEGRAPH LITIGATION sETTLEp
Samuel B. Morse and others "a. o. r. !. SmM-
NELSON, G. JThs Ia an action Of covenant against the
defendant founded . submission award of arbi
tratora The submission ID inarii1ciay drawn, and
OF the objections were taken during the trial
out OF this circumstance The merits OF the cse
arc quite plain and easily arrived at. The Submission
shows that litigation was existing between Morse and
the executors OF Vail against Smith, arising out OF GER
tain agreements concerning Aorses telegraph and that
oil suits and Of aotion between the parties and
been amlcaby adjusted and finally and rrevocaby SET
tied, with the following specified exceptions namely
First, claim for stock and dividends in the WASH
ington and New Orleans Telegraph Company on the
part OF Smith against Morse and the executors OF Vail
and also like CLAIM the part Of Morse and execu
tors against Smith. Second, q claim Of Smith vs.
Morse for moneys for the Invention Of the telegraph
oeyed from sources out Of the United States These
claims submitted to Thomas r. Walker and h. o
Oden as arbators and in case Of disagreement they
were to appoint umpire The was heard before
tho arbtrators, who disagreed and appointed Abijan
Mar T11ne aim has haf0r
oil parties appearing and producing their pr0ofsand on
the ed OF May, 1852, he made his award favor OF
Morse and the executors, Of certain amounts payable In
stock and in money per submission. Tue award is
upon the subjects submitted TO the arbtraors and
pire Tor bearing and determination and Is not re-ex
doubling it, entire correctness II examinable
principal objection Is that the submission, after
naming the arbitraor refers follows as provided
In articles OF submission this day DISQUALIFICATION ar
tces not produced At the trial nor before the arb
traitors UMPIRE and in truth, had existence Inc
facts are IS appeared the proofs that the parties
through their friends had informally agreed the terms
Of the submission, which were incorporated In the for
NAL submission under SEAL and the inArtcal craftsman
must have had In his mind this Informal previous ar
rangement IN the reference made What confirms this
traitors and umpire no notice taken OF this part
Of the submission objection made account OF the
mon Of these but 7.
lection II, that the ss6masion was signed by
nsas party 70 sSs sS BS. the
covenants OF settlement Of various disputes and
OF action in which Kendall personally concerned,
and the instrument 10 TO be construed disrbutivcly
which explains the meaning OF his SIGNATURE Tho
nant OF submission exclusively between the parties
70 the SOFT in which Kendall had personal interest
Il u also objected that Kendall who executed tho sub
mission q agent for MORE and the executors Of VAIL
shown 70 do the act But the instrumeAt Containing
the settlement between the parties and the submission
recited that Kendall AGENT and made the settlement
such for Morse and the executors and agreed ~ the
sams Time TO the terms of submission and Smith, who
was party to this settlement and submission must
have bssn satisfied With the authority. Besides Ken
dali appeared throughout before the arbrntos and
pire side agent and smith on tho other, and
no objection ever taken 70 HIS authority We think
the objection comes too late Without pursuing the OBJ
jections further think the verdict below right
for the plaintiff. u