The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1902-10-18
JUDGE BuRKE.s OPINION.
Full Text of the Opinion of the Court in
the Matter of Samuel M. Rankin vs..
the County Commissioners of
Baltimore County.

On the Sd day of September, 1901, the plaintiff
instituted suit in trespass on the case against
the defendant in this court. On the 2Oth OF
Marcn, lyO2, under rule of court and by agree
ment OF the parties, the matters in controversy
were referred to DR.. James f. H. Gorsuch. John
Arthur and John G. Halbert as arbitrators. The
arbitrators held two meetings, heard evidence
and arguments of counsel, and after due con-
sideration and consultation, signed and sealed
the defendant. They made known their decision
to the respective parties at their meeting on the
2lst day of April, 1902, and at the same time
handed their award, which was attached to the
original papers in the case. to the counsel for
defendant to be filed with the Clerk. They
then separated. Counsel for defendant think
ing there was some informality aboutthe award
and that it should be prepared more carefully,
prepared another award and mailed it to the
arbitrators for signature. This award was
signed by the arbitrator at different times and
places at some time between the 22d and the Both
of April, 1902 although it is dated the 2lst of
April, 1902. This latter award was filed in this
court on the 30th of April, 1902 Exceptions
were filed May Sd, 1902, to the award of April
30th, 1902. Evidence upon the exceptions has
been taken, arguments heard, and the matter
submitted for decision. The GROUNDS OF ex-
ceptions, briefly stated, are two:
1st-That Doctor Gorsuch was not qualified
arbitrator.
2d-That the award excepted to, to wit. the
award filed April 30th, 1902, is null and void, be-
cause the arbitratOrs had no power to make it.
AS to the first exception 1t is sufficient to say
that it is not supported by the evidence. Doc
tor Gorsuch was fairly selected and was quail
fed to act, and it is not pretended that he was
influenced by anyone, or by other considera-
lions than that of desire to do impartial JUS
tice between the parties, and if the decision of
the question rested alone upon the qualifca-
tions and conduct of Doctor Gorsuch, would
not hesitate to override the exceptions and
enter Judgment upon the award in favor Of the
defendant.
But the other exception presents more diff
Guilty. AS before stated the arbitrator had
made and published their award on the 21st of
April, 1902. and had handed it to the counsel for
the defendant, together with the other papers
in the case, to be filed in court. They had COM
pleted their work. They had rendered their
final determination in the matter. Their award
or decision of April 2lst, 1902 was filed in evil
dence at the hearing of the exceptions. The
question now is, what power had they thereafter
to do any act as arbitrator in relation to the
subject of the arbitration? Both upon reason
and the decided weight of authority, am of
opinion that having, on the 2lst of April,
1902. finally decided the matter in dispute and
handed their award to defendants counsel to be
filed. their powers were exhausted and that
therefore the award filed April Both, 1902. is a
mere nullity upon which the court can enter no
judgment.
/ hold that the arbitrators exhausted their
powers on the 2lst day of April. 1902, when they
made their final decision of the matters sub
mitted to them and. therefore, they had no
power to make the award filed April Both. 1902.
to which exceptions are filed and for this reason
/ will sign an order setting aside said award.
N. CHARLES BURKE.