New-York tribune., 1867-05-29
CIVIL COURTS.
UNITED STATES CIRCUIT COURT-MAY 2s.-Befor
judges NELSON and SMALLEY.
npINIONG DFCIaIOka

ation on the 3st OF August Js47 the latter Company
being now represented by defendants, The Pennsyl~
yana Coal Company, and are OF opinion that il contains
no covenant express or implied the part OF the de-
PENDANTS that they would transport on the canal Of piaps
ts all the coal brought over the railroad Of defendaD@
connecting with the canal and which they are sending
forward to market. We think the resolution fixing
permanent rate of tolls, and which carried into
the agreement, together with the maximum limit
ssna ~ '9 in Yespeet to Which the nIntias \" enc
tered into obligations with the defendants en-
contemplated railroad from their mines to the canal and
that the plaintiffs relied on the prospective adyantaeea
from this Investment ard transportation Of coal on tbe
road TO their canal aifOrdng full consideration and
compensation for the obligations entered INTO NO donbg
not then within the minds OF either party that ths
road might would be used adyantageOusy except In
the transportation Of the defendants coal to market by
improvements in Ae construction OF railroads would or
might afford diversion OF the coal from that channel Of
bind the defendants exclusively TO the OF that chan
mel The only on the part of the defendants that
to have been required Is the one a the close OF the
agreement. The Wyoming Coal Association promise and
agree to- and with the plaintiffs TO use all their influence
to cause speedy OF the railroads. and that
unless constructed within three years the plaintiffs be at
liberty to declare the agreement null and void
The rectals In the agreement furnish very strong owl
dcnce Of the intent OF The plaintiffs entering into it,
April is receS tR they DID, for he purpose Of Great.
ing motive and mducement 10 capitalists to invest thet
funds in the construction of aaroad 90 be connected
with the canal offer to the acceptance Of any persons
who might avail themselves Of the same, permanent
tarn OF tolls on all coal entering the said canal by such
railroad The principal negotiations between the parties
related to the rate Of these tolls There Is covenant
canal that they shall take from the coal mno any par
quy, , Pg or ,I m re 1o @ III % "a hi lon On
ter clause is now sought to be lntepolaed by npeato
into the contract We think If such had been tho ntent
OF the parties 1t would have been expressed and that
would be making contract for them to insert IL instead
of constrtIing tle one made
We have not looked into the peadngs beyond the deca
ration. The first fault is there and fatal to the suit
Judgment for the defendants on the demnrrcIs
Alfred Batersby aud others sgt The Steamship Repnbe
This libel was filed in the Court below by seamcp
who had signed shipping articles, for being wnly
n
Tageshe master refusing 10 allow tue men the sum
monthly specified IN the articles It IS not seriously DIS
putcd the proofs that the engineer had the authority
In this instance 70 employ the engaged in his depart
ment nor that he had agreed to the wages stipulated
The dispute Dc the fact Of discharge lis
insisted for the ship that when the told tho
their own accord or II they did not discharged by
the engineers that he had no authority TO discharge them
Ii pretty that the did not leave of their
accOd and the Court below have found that the engineer
who admits ne discharged them, had authority for
doing from the master The question was manly one oi
fact and not disposed to interfere with the ndnG
- Samuel y B. Morse ct a sst Francis and j. smith
This is an action OF covenant against the defendant,
sTbmIss Is GSrteiay drawn and most Of the obiec3
tons that taken during the trial arose out OF ths
circumstance The merits OF the case are quite PLAIN and
The submission shows that a litigation was existing be-
tween Morse and the executors Of bail against smith.
arising out OF certain agreements concerning morses
teegapl-and that all suits and eanses OF action be-
tween the parties and also, all causes OF action between
Kendall and Smith had been amcably adjusted and fi0aliy
and rrevocably settled with the following specified ey
In the washington and New-Orleans Telegraph Company
on part Smith against Morse and the executors OF
Fal-and also, like claim on the part OF Morse, and
second: claim OF Smith agt Morse for moneys tba
invention OF telegraph nom sources out OF the United
States. These claims were submitted TO Thomas X.
walker and H. o. Oden as arbitatoTs and in care OF dis
agreement, they appoint umpire. The case was
heard before the arbitrators, who disagreed, and ap
pointed AbDah Mann as umpire The case was again
their proofand on the 22d OF May 1862 he made his
sion. The award upon the subjects submitted TO tho
arbtrators and umpire for hearing aud determination,
and is not renewable here. Indeed, perceive no
for doubling it's entire correctness IL ex-,
principal objection sthat the submission, after nam
ing the arbtrators, refers as fohows as provided in
articles submission this day executed which articles
produced the trial. before the arDitrators
umpire and in truth had no existence The facts arc
appeared from the proofs that the parties throng
their friends had informally agreed on the terms OF the
submission which We're incorporates ~ te the iod suD
have had in his mind this informal previous Arrangements
in the reference made What confirms this explanation
that both parties appeared before the arhaors and
umpire and notice was taken or this part OF the SUD
mission objection made account Of the nonproduc-
on OF these articles but all parties assumed that the
submission under seal contained the whole Of the terms
Another objection is that the submission signed by
Kendall individually, and that he not made party
settlement Of various disputes and Of action in
which Kendall was personally concerned, and the Ds-
meaning OF his signature The covenant OF submission
was exclusively between the parties TO the suit D which
Kendall had personal interest.
IL Is also objected that Kendall who executed the sub
mission as agent for Morse and the executors Of Vail had
power authority agent, any shown TO do
the act But the instrument containing the settlement
between the parties and the submission recited that Ken
dall agent, and made the settlement such or
Morse and the executors, and agreed at the same te
TO the terms OF submission; and Smith, who party
10 this settlement and submisson must have been salts,
fed with the authority Besides, Kendall appeared
throughout before the arbitratOrs and umpire
side as agent and Smith the other, and no objections
taken to his authority. We think the objection
comes too late without pursuing the objections further,
must be denied and tdgment entered for the plantis
We have examined the evidence in this on the
motion for new trial. and satisfied the weight OF it
supports the verdict the ground OF the eOnceamen OK
material facts by the plaintiff OF which he pos
session calculated Increase the risk and influence the
offers Of other Companies respect taking the risk
We also Of opinion that the instructions TO the jury
in conformity with law, and that the trial must
be denied aud judgment giyen for he defendants.
SUPREME CoURT-CHAMBERs- Before Mr..
Justice SUTHERLAND.
THE CHICAGO AND NoRrHwEsTERN RAILROAD
RIGHTS OF STOCKHOLDERS PRoIRACTED ARGu-
The PEOPLE er rel Rufus Hatch agt Albert Ptchad
This case commenced on Thursday last and al.
ourned TO Monday occupied the whole Of that day and
of YESTERDAY down to late hour The points taken
tbe TWO o. points announced by Mr. Tden thai the re-
sponden with his associates In borrowing stock and pur
chasing proxies to very large amount contemplate
ing fraud In the next election and that whatever his
II ghts he did not come into court with clean hands
the court would not aid him. and second, that the court
had power to control an officer OF foreign corpora
ton created by foreign JURISDICTION unless authofzeo
70 do go y the statute Of the State creating the corpora
ton lie argued further that this being statutory rght
II any, must follow the statute, and that the statute
authorized no compulsory process but only gave pen
ally against the officer for neglect OF duty.
Mr. Allen OH the side argued substantially the
same pont that the of the relatof Old noc
make out a case in which mandamus could issue had
the corporation been q domestic one An sfdaslt Was
read of MIR Ppchard TO show that be had not NJ tho
time OF Mr. Hatcls application any STOCK list OF tfunsor
book under his control
Case not yet finished. o,,, -, ~. Z
Mr.. Laroeque for relatcri MI B. . lhuen """ NIL
Allen for respondent.
SUPERIOR COURT-SPECIAI TERM-hAf zo-bo'ofo
Justice McCUNN.