ARBITRATION. 



ARCHAEOLOGY. 



21 



jealous for the good name of the house, and 

 desirous, by every effort on his part, to extend 

 its honorable usefulness. He was endeared to 

 all with whom he was brought into close busi- 

 ness relations, as touching evidence of which 

 may be adduced the spontaneous gathering of 

 the employes of the house, the day after his 

 death, and the resolutions unanimously adopted 

 at tb.9 meeting. Truly, in all the varied re- 

 sponsibilities of life, the passage of Holy Script- 

 ure selected as the text of an eloquent dis- 

 course preached at his funeral aptly describes 

 Mr. Appleton's career : u The path of the just 

 is as the shining light that shineth more and 

 more unto the perfect day." 



ARBITRATION". A decision of the Louisi- 

 ana Court of Appeals embodies a totally differ- 

 ent doctrine from that which has guided English 

 courts, and American courts after them, for over 

 two hundred years, relative to the obligation of 

 merchants to submit to and abide by arbitration 

 after agreement to do so. A contract for the 

 sale of mules contained a stipulation that dif- 

 ferences arising between the parties should be 

 referred to arbitrators, one to be chosen by 

 each party, and the two, on failing to agree, to 

 fix upon an umpire. On the failure of the sell- 

 er to deliver, the buyer brought suit in court. 

 The selling party objected that the plaintiff had 

 not offered to arbitrate, as the contract required. 

 The suing party argued that a stipulation to 

 arbitrate is revocable any time before award is 

 made, and can not debar access to the civil 

 courts. The court, acknowledging the weight 

 of authority to conflict with the view taken, 

 delivered the opinion that stipulations of this 

 character, not being contrary to either law or 

 to public policy, should not be considered less 

 binding than other lawful contracts. Arbitra- 

 tors are authorized by modern laws to take tes- 

 timony under oath, and have accordingly the 

 facilities for investigating simpler questions. 

 When parties, knowing the full effect and cir- 

 cumstances of the agreement, have deliberate- 

 ly agreed to settle disputes by friendly refer- 

 ence, they should be left to the tribunal of their 

 own election. The powers of arbitrators and 

 the finality of the award have been considera- 

 bly enhanced in New York and other States. 

 Yet the liberty possessed by either party of 

 withdrawing before the conclusion of the de- 

 liberations, discourages merchants from resort- 

 ing to this mode of adjusting disputes in minor 

 controversies, notwithstanding its preferable- 

 ness to legal trial. In exchanges, boards of 

 trade, and similar associations there usually re- 

 sides efficient power to enforce a rule compell- 

 ing members to submit their differences to the 

 arbitrament of a committee, and the custom, 

 thus made binding, is eminently satisfactory in 

 its workings. 



ARCHAEOLOGY. Important discoveries of 

 antiques illustrating the civilizations of Egypt, 

 ancient Chaldea, and Greece, have been ex- 

 humed and deposited in the British Museum, 

 the Boulak Museum of the Khedive, and in the 



Royal Museum at Berlin. The Egyptian dis- 

 covery was the fruit of the efforts of Maspero, 

 the new director of the Boulak Museum, and 

 of his assistant, Brugsch, both renowned Egyp- 

 tologists. It includes records which clear up a 

 doubtful period of Pharaonic chronology. The 

 discoveries in Mesopotamia were made by an 

 agent of the British Museum, who has been en- 

 gaged for years in this exploration, and who 

 has now located cities more ancient than Baby- 

 lon, and brought to light remains of the prime- 

 val Assyrian civilization. The Greek remains 

 recovered embrace examples of classic art in 

 its highest prime, and also an interesting work 

 of a later age illustrating the aberrations of 

 Greek genius in the decadence of taste. The 

 excavation of these objects from the ruins of 

 Olympia and Pergamon was conducted by 

 commissioners of the German Government, 

 which had appropriated a large subsidy for 

 this purpose. 



In Egypt an extraordinary treasure of sepul- 

 chral relics was brought to light in the summer 

 of 1881, through the efforts of Professor Mas- 

 pero. For many years curious antiquities have 

 occasionally appeared in the markets, of a sort 

 which led to the suspicion that the Arab trad- 

 ers had discovered a royal tomb, which they 

 were secretly rifling. Upon deciphering a 

 photographic copy of a ritual purchased by a 

 traveler at Thebes, and discovering it to be the 

 funeral papyrus of Pinotem I, Professor Mas- 

 pero's suspicions were confirmed. Having been 

 appointed the successor to Mariette Pasha as 

 conservator of the Khedivial collections, he had 

 the opportunity of inaugurating his official 

 connection with an important discovery. Pro- 

 ceeding to Thebes, he arrested an Arab dealer 

 in relics, one of three brothers who alone were 

 in possession of the secret. This man, after 

 many weeks of obstinate reticence, disclosed 

 the situation of the treasure. The objects were 

 then taken out by Emil Brugsch, and trans- 

 ported to Cairo. The place was not a tomb, 

 but a cave which had been used as a hiding- 

 place, to which the contents of royal sepulchres 

 had been taken for safety. The removal took 

 place, it is supposed, either at the time of the 

 tomb robberies of the twentieth dynasty, or 

 of the sacking of Thebes by the Assyrians. The 

 mummies and grave-treasures were piled to- 

 gether in great confusion, and some of the 

 identifications which were made on the strength 

 of funereal inscriptions afterward appeared 

 doubtful, as there were evidences that the 

 place had already been ransacked. 



There were taken out altogether some six 

 thousand objects, including twenty-nine mum- 

 mies of kings, queens, princes, and high-priests, 

 five papyri, one of which is the funeral papyrus 

 of Queen Makera, of the twentieth dynasty, and 

 two plaques of the kind which Professor Mas- 

 pero has before described from specimens which 

 must have come from the same place. The 

 mummy-cases, which were all contained in a 

 chamber twenty-three feet by thirteen, had 



