New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-12-03
MIR. THOMAS AND THE UNION.
THE RIGHTS OF MUSICIANS DISCUSSED.
.po1-gIr CAUSED by THE ODoE-FLAYER-ARGC-
urNTs on BOTH sIDTs.

.,l,.p,,, CArsrD by THE ODOE-PLAYER-ARGU-
MrNTs on BOTH sIDrs.
~, fro motion 10 continue the injunction OBJ
oir.a Inv Theodore Thomas restraining the Musicm
,rol protective Union from Gning or expeHlns MN
H members Of his orchestra because Felix Bour an
,,o frou, Dclyium plays with that orchestra,
Jusiee Andrews yesterday heard arguments by Joseph
~ C,o,te i'm behalf OF Mr. Thomas and by Luther H.
eIarb for the UuiOn The Union threatened MI IhoaS
,a his musicians with penalties, on the gFouhd ina"
pour not having been in this country SIX moh'hS' was
no. eli,ible TO membership in that organization ana
ndor IFS rules none OF its members are allowed 10 per
f,, in the same orchestra with any man who is not
o,,ber NJ tho union. Mr.. Thomas claimed that OBOE
1rs iah rank and acknowledged skill like Mr. B0ur
were rare that there mono IN the union OF WHOSE
services he could avail himself and that unless alo"eu
70 engage the best performers possible he cou'u oI
ces,fuly conduct the orchestra He therefore S0eu to
upon asking for decree declaring the Objectionable
clauses in the bylaws void and pcrpetuaIy RESTRAINING
iToH 1at arsncd that the action OF the union
ohsc OF its mowers aud that the pLlintn rs ~, lnoI
OF the organization, had rlght 10 protest @etHi No.
Ills client bad been politely informed tn leave
The association. MI Thomas did not propose 10
leave TO be driven out however, Qnt ~ NAT The
hyaws were against principles OF the common i5W
Sd a,inst nt6c policy because restraint OF trade
a." muton had no right 10 say to al
musical strangers arriving IN TINS county,
no matter how great thcir accomplishments, That tucy
d H"t mike ',-o of their talcuts ana requirements
mill they hid lived here six mouths-to tell thcm
snort that they could only stay here under pchS!E .!
sfnryation The union not only was decrn heu 10 Gu.
OH NH means OF obtaining livelihood rom lhihiS
musicians but prevent the public as wen rom DeI1E
entertained by Their musical genius lt slMpS souIIS
tie monopoly OF meai0crity no matter now sP.CIt
MIGHT he bc musical accomplishments OF these sTdu-
reIs or how widespread their reputation OF 10" '"7e'
thc pubiic m!eht be 20 hear thclu
Mr. Marsh replied that the grounds on WEIGH ty 'o'-
tnuauce OF the injunction was urged were "IoiS u.'
in9fcrial and Irrelevant and that no reason had bch
civcu for asking the Intervention OF court or equity
II. con. MOI see how M Thomas had any possible
s9udg n court Gt not sought to enforce the oD-
,oyous and oppressive by-aws-as they were termed
against him. FIR bour was the one 10 complain u any
one Thc union lad the night 10 make It's own bylaws
uudcri It's charter and Mr.. Thomas should either obey
th or SIGN his member nip There was no RANT o.
fl,..lr.' Tie trouble with 0lr Thomas was thdt nc
wanted an the privileges without the restraints IHe
restraint, newly arrived musicians Wcrfhul so severe
a. had been represented Mr. GCul, II Ac chose, coUo
Itr with au or mist. TN 10 really nothing tor the
a.. ID TO BASS uUUu The formed Tor tho puF-
nose of promo in, musical interests In this country ana
had r!gut % adopt tHt means TINT seemed beet ca-
tl.ltud 10 TO tIs. had framed its own bylaws ana
trr Thomas. as member, was bound by them.
tlr CHoate reiuuol that II these Clc.ri Icl3l ana
Vol. by-,avs were enforced tic result would be !he
ui.-t.I--uu uI lir ~. mass orchestra Inc uliuA
MIGHT las w.u ,1r tlota musician should not play IN
bis country because ne was black OF coIpcI-col 'r.d
5rulIet.rlI-t. or Ep-copal8n, or Roman C.th'lc
Oh. was -l 10 Dee assure t9t ia re was some nope Tor
81, I.uI Tie C.U-l accompany uu or-ial.t on lbs Oloc
nrlIu this way earn LOAF of bread ON sunday. THE
spectacle would certainly Doc novel and interesting
-uc decision was reserved