, 1881-04-03
LONDON.
" Pinafore" in Court-Legai Defi-
= milton Of a Theatrical !"
The Newspaper Correspondents at
Majuba Mountain-Carlyle as
q Mathematician.
The Somerville," Indies Club,
Opened with Membership Of
Sixteen Hundred.

Ine S0merViltes LndleS> C1uD,
Opened with Membership Of
Sixteen Hundred.
Special Correspondence Of The Chicago Tribune.
LONDON, March Il. Plnafore," after
long career on the stage, has found its way
into court. # were 4 writer on the staff
of a comic journal, I suppose that I would
be expected to say that Gilbert and Sulllyan's
greatest success had Pin-afore the Judges;
which, though bad pun, would be the truth.
The hearing OF the case concluded Wednes-
day, aud resulted in Il verdict for the author
and composer, the Comedy Opera Company.
who were the defendants (and at whose re-
quest, it may be worth record, the piece was
written), being saddled with heavy costs.
AS the plaintiffs did NOT ask for damages,
only q nominal sum was decreed. The point
ut issue turned on
THE MEANING OF "RuN"
rs as'applied to dramatic performances. How
many Of us who think we know something
of the stage would have brought this word
within the, range of exact definition?
But the law is now laid down, and
fancy it will surprise most readers
to hear with what strictness the term
is interpreted in 1.-THE profession" The
company engaged Messrs. Gilbert and Sulli-
van to write them an opera, which they
would pay literally for during the time OF its
run. The authors made their own terms.
They wanted $40 night,-103 performances
to be guaranteed. No objection was taken
to this figure; and, it must be admitted, the
purchasers paid we'll for a pig which was
yet in the proyerbial poke, and whose squeak
might not be attune1 to the popular ear
Four Thousand dollars was therefore the
price of 1Pinafore." But, as the success OF
the opera was decided, the managerial In
stinct forbade its withdrawal at the explra-
ton of its hundredth night The ship was
on the high tide Of public favor; its course
should be extended. So the nautical opera
at the ComiQue pursued its melodious yoy-
age; Sir Joseph Porter still dwelt on the
extraordinary merit which brought him the
rulership of the Queens na-vee, and the
bumboat woman kept on wondering how
she could have mixed those children up.
The company continued to pay nj glltly
royalty of $40 After time. however, 1t
occurred to Messrs. Gilbert and Sullivan,
who had long since received tho $1,000,
and were drawing $40 night now in addl-
ton. that they could not allow tie opera co1ll-
pany to play the piece longer at the rate
originally stipulated. -''' Pinafore" mad been
bought for the run, and.
TIE RUN HAVING COME TO AN END
by closure Of the theatre for repairs for
three weeks, the right of performance had
been forfeited. It is not difficult to under
stand what hardship was felt on the other
side, seeing that the terms which the COM
pany still proposed to pay were those which
the author and composer had themselves de-
manded. Denial was made that the run had
been broken, as, Immediately the theatre was
renovated, "Pinafore' - was again put on
the stage, The parties to the original agree
meat, it seems, had only verbal contract.
More natter-of-fact persons than authors
dealing with managers would have reduced
the stipuiations to writing This, however.
by way of depression. It was now to be de-
ci1ed what was run.
i host Of authors and actors were in the
witpess-list. According to the evidence OF
nearly all these, q run must continue Will
out any intermission, on all lawful nights
no casualty or accident allowing the mama
ger to take off the play without thereby
breaking its run. No distinction was made
by any of the witnesses, except Dir. Irving,
between fire, an accident to the machinery,
or any similar unavoidable circumstance II
the piece was discontinued for any cause
whatsoever, the right OF performan,ce wa was so at
supposing he had spent $! 5o0in bringing out
| play, and OIL the third night a fire occurred
| which made it necessary TO suspend lne
representation for one night, would ne con-
auSa at an end@ end Yes" he answered, illegally,
though not moraly.'' IL: did not think an
author would insist upon his rights in such a
| case. 1t will, of course, be seen that under
such circumstances the rlSht OF a1ter,pee1f- e1.
author does not directly affect the main
question. As the Secretary of the Dramatic
Authors Society saiu. it the run is stopped, it
| is stopped; it may be 4 misfortune Tor the
| manager or the author, but
:. IT IS At AN END.
The consequence Of all this was that the
Judge decided in Messrs. Gilbert and Sulli-
| vans favor. Theatrical trials are rarely I'M
portant, in a legal sense, but this one mas
| cleared up the meaning OF the word - run.
and will III future be quoted as an antGorlty authority
on the law Of theatrical contracts Gllberts
| new opera, by the way. has just been read
| to the company Of the Opera ConliQuc, and
every one was delighted with it,-;l circnlal-
stance which implies not alone q good piece,
but also Distribution o. charac
have furnished a theme fur the witty writer's
satire There IS no reason why. he should
/ not succeed as we'll as Bnrnand has IN ms
| new comedy, or rs Dn Maurler does III MS
| social Sketches in Punch, in playing upon
| the vagaries of the cl1l-char school.
| / did not think, while writing recently Of the
admirable service which the brilliant war cor
respondent Of the S;a1,tltl'd was doing for Tor
could have left Liverpool OIL its journey over
tie sea. hsef and his co.workers Wlth h, tie
become objects of public interest and coll
cern, When the first news came of.
| TIE TERRIBLE FIGHT At a1-AJUHA MOUNTAIN,
it was feared that all the gentlemen who had
| undertaken the perilous duties Of correspond
ents were among the victims Of SIR George
Colley's Inflated attack. No dispatches ar
rived from them until twenty-tour llours n
after the war authorities had news OF Il tue
! storming of the Spitzkop. The graphic tele-
gram which Capt. Cameron then managed to
dispatch was an agreeable surprise M IS ~ TO nn tne
| ductors Of the Sttndlrtl, who had expressed
fear II eeir editorial cGlmnS ;s 81 ths in PIE tb
slaughter and general ''sauveQui peut.1 Hc
had a very narrow escape, however, belng
tL+1I ff%F l{5H