The Evening critic., 1883-02-09
IoLANTHE IN COURT.
Mr. Charles Il. EOrd's Answer 20
FIR. D'OYinY Cnrfe's COmpIAint.

Mr.. D'Oyiey Cnrte's Complaint.
The answer OF Mr. Charles z. Ford to the
bill Of complaint OF II. D'Oyloy Carte, of Lon
don, England, respecting the production of
Gilbert & sullvans comic opera OF
''Iolanthe," was filed yesterday In the Clerks
ofIlco Of the United States Circuit Court, to-
gethcr with the answer of Mr.. John Il. Ford,
which latter is simply a denial that he is in
any way Interested In his sons company, be-
yond paternal goodwill. The respondent
tAIr. Charles E. Ford) says that while In one
sense. It is true, as stated IN the bill OF
Of the opera published by Gilbert X sullivan
does not contain band or orchestral parts
especially arranged for playing, 1t does con
tain all the airs and music OF the opera with
plano accompaniment, including the vocal
parts intended to be sung, either with orches.
tral or piano accompaniment, ana that from
this book any skillful musician accustomed to
arrange music for bands and orchestras could
readily make an arrangement OF the music
for performing. The practice OF arranging
music in this way is claimed to be universal.
II has in fact furnished the only possible means
by which knowledge OF the works OF the great
est composers has been made generally &C.
cessible. Mr.. Ford claims he is violating no
exclusive rights OF the complainant in per-
forming 'Tolanthe," or indeed any OF his
rights. Heretofore he ,rp has performed S other 81
A. Rosenberger, OF Baltimore, who wrote the
orchestration from published piano and vo.
cal In this way he SAYS t. the e, music Of
and popularized in America year before one
note of Gilbert & Sullivans original orchestra
tion was heard by an American audience.
"Pinafore," 'Patience" and "The Pirates"
have been performed by other companies un-
der the claim that the orchestration was Sulli-
vans but which the respondent believes
was arranged from the published piano and
vocal scores in the same way as In the
case OF the present opera of "Iolanthe." This
arrangement of "Iolanthe" was made by Pro-
fessor J. P. Sousa, leader of the United States
Marine Band, Washington, d. O., whose testi-
mony In the case is tlled with the response.
Mr. Sousa says he is q composer of operas and
miscellaneous works for bands and orches.
tras. He also arranged the orchestral parts
for "Pinafore," and later, at the instance of
Mr.. Charles E. Ford, those Of "Iolanthe." He
says HE work on "1olanthe' was the trans
lation OF published music written for one In
strument into the musical language of other
instruments. He used for this purpose a
printed book containing all the music, and he
never heard the right to arrange music In this
way questioned except in the past ten days.
He says he has done the same thing for band
music often, and, in fact, has in his possession.
and has used In connection with the Marine
Band, an arrangement of the principal airs
of the opera OF "Iolanthe," published In New
York by Charles Fischer, arranged for string
orchestra. Professor Sousa does not think
the success OF Sullivan's operas depends on
his orchestration alone, or even chiefly, as
some Of his operas became popular in America
before the orchestratton was ever heard. The
answer for respondents was drawn by Mr.
Thomas W. Hall, as counsel.-Bal0. Sun, TO-
dan