In his election speeches Gladstone had insisted on the necessity of the country returning a Liberal majority which could act independently of the Irish vote; and the result of the general election had left the Irish the virtual arbiters of the political situation.
Under any circumstances, neither the training nor the position of judges is such as to make them fit to be the final arbiters of political disputes.
The deed of submission first defines the terms of the reference, the name or names of the arbiters or arbitrators, and the "oversman" or umpire, whose decision in the event of the arbiters differing in opinion is to be final.
Formerly, where no oversman was named in the submission, and no power given to the arbiters to name one, the proceedings were abortive if the arbiters disagreed, unless the parties consented to a nomination.
4, where arbiters differ in opinion, they, or, if they fail to agree on the point, the court, on the application of either party, may nominate an oversman whose decision is to be final.