New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-08-22
THE COURTS.
THE M!KADO's LEGAL STATUS.
EXPERTS AND OTHERS TALK OF ORCHESTRA AN
PIANO SCORES.


EXPERTS AND OTHERS TALK OF ORCHESTRA AND
PIANO SCORES.
Attorneys and actors were evenly balanced
in numbers in the United States Circuit Courtroom yes
terday morning when Judge Wallace called thecase OF
DOyly Carlo against James c. Duff OF the standard
Theatre, a motion for an Injunction resIrng Man
vcrtised for Monday ght. short dark-belrded DOyy
Carte rushed busily in and out OF the courtroom. ror.
y John Dun who Is Interested In MS sons venture AZ
the STANDARD, sat near tho equally heathy !ooKths
suit the extent OF 81 800 which he has deposited as
security for any damages that Mr. carte may sumor
that the exclusive right OF production rests WIN DIT
Carte and those with whom no has contracts sydhey
Resented rejoicing IN his newly found liberty moved
restessly from scat to another John ststson ana
other persons interested in the production OF the opera
Joseph H. Choae sat at end OF the lawyers able
between Causten Browne aud his son. Alexander L
Browne, who Is Mr.. Carte's personal attorney. A. j.
Vanderp0e appeared as leading counsel for MT. DUN
with A. j. DIttenhoeier who has had charge OF the
"Mkado" eases. LAWYER A. j. Carr who is Interested
I'm similar suit In Baltimore, ana Other cut-9itowh
clad In ight business sun, entered INC eolrt-ro9a
while tho hoarlg 10 progress and talked earnestly
Causen Browne opened the argument in favor OF tho
motion for the Injunction tappeared from nidayits
Browne aud others that mo younger Mr.. Browne who
lives IN Boston. employed SIR Tracy to 20 TO England
piano score ana a vocal score which the only ones
published. and which entered on the same day N
copyright IN both countries In thls country
tha scores were entered by Alexander
Browne IA proprietor and trustee Tor Mcssrs.
Gilbert and sullivan the authors Of the opera, VT Carte
aud Nr Tracy Tho affidavit Of Mr. Tracy explained nc
length the method, in which piano scores were made
n "a orchestra and orchestral scores from piano
sc,rrs and gave the Impression that the former wOr
was much moro entitled 20 bo considered rs original
composition the latter. The rights In tho copy
righed scores were aftcrwdrd assigned ~ Mr. Carte
NIr. DltpuhOcfcr set out 20 prove int the wOik or
producing "A plano score from orchestra core was
rstler mechanical work than original composition aud
to that end r"id aniduyltS of Leo Godmark, Max
81 rctlek and others, who likewise considered t' Work
oil nakIug orchestra scores from plano scores dnicut
and recurring special skill To prove how easy 10 IS 10
produce piano score. go G0iduarks som age thlr-
iecn was shOun 20 have made one from tho
jaime. {. Dun and Carl Won l"r
Ker-,cn also read Boy NJ. Dtcuhocfcr Il appeared
that Afr Dim went 10 England last April nnd while
there boulhf English editions oi the scores, one or which
Was asserted had never been fofprisucd IN fhElhd
From those aud of twcuy-fOur out Ui the
tVcnfyscycn number. OF ho opera which nal been az
dance music, Nr Won der htr,,eN made up
thc orchestra score which Nr Dun purposes 20 use.
Mr. Browne and Nir. Ditruhocfcr then prorcffc 20
arIo uu tlc lines made apparent from the anidaFlf-.
M Browne said that the u inner u which thcl opyr ht
had been obtained. which hld been denounced as de-
y.rc and suntc,uKc, was rendered necessary Dy TIE
mttrfcct coprri-ul aW- which, efrrcd with the pro-
tcc'iou OF The -ht- OF authors AMI composers Of oCr
countries he considered Oh" alteration OF Mt Ilacys
orchestra score plan violation OF az" copy
ueUt laws. Mr. Dlftcuhurfcr yew we'd matters d'erehty
and .ad that che mel Idy which inc part pruci ialy
used ny ,hc producer OF tho orchestra score Wa not
Ar rrry COM ostou hut that ot SIR Arthur sullivan,
and not copyrighted. Mr. DhD'tc and Mr. Wander
poe. VIII bc heard their respective sides Oi the case
to-day.