Henry Billings Brown

“ No reason is perceived for excluding this board of appraisers from the benefit of the general rule applicable to such officers that some presumption is to be indulged in favor of the propriety and legality of their action, and that with respect to their methods of procedure they are vested with a certain discretion which will be respected by the courts, except where such discretion has been manifestly abused, and the board has proceeded in a wanton disregard of justice or of the rights of the importer. ”

“ Defendant knew, before leaving for Cuba, that proceedings were pending for a reappraisement of duties upon these cargoes, and were liable to be called up in his absence. Under such circumstances, the appraiser might reasonably expect that he would leave some one to represent him, or at least that his clerk would act upon his notification to appear on the 25th, and ask for a further postponement on the ground of the defendant's continued absence, if the personal presence of the latter were in fact important. ”

“ Payne, 5 Cow. 15. So, in Frey v. Vanlear, 1 Serg. & R. 435, where arbitrators adjourned to a day certain, and did not meet on that day, but met on a subsequent day, examined the witnesses in the absence of the opposite party, and without notice of the meeting, and made an award, it was held that their proceedings were irregular, and the judgment was reversed. ”