Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-07-08
THE BAND MUTINY,

The leader of the local military band,
IN communication to contemporary,
takes the position that the relation of
bands to the organized militia is unde-
fined in the law that the bands are in the
regiment only at their own sweet will, and
are privileged to leave the service when
the whim seizes them. Yet, in the same
article, the bandmaster says he is a mem
Der of the National Guard, has served
three enlistments," and that he is an
officer in it. In short, that the bandmen
are in and are not in the regiment; that
they are not bound by any law to give
their professional services for any specified
pay or otherwise; that there are no duties
specified or obligations detailed; that
therefore the bandmen are not, strictly
speaking, bound to any services as such.
We are free to admit that the State law
on the subject is lacking in specific detail,
and not what it should be perhaps. But
how the banGmen can say that they are
members of the National Guard, and in
the same breath declare that they are not
held under the law to any service as
musicians, we are unable to understand.
If the law were silent and the men enlist
under military usage, that would be suf-
icient, as we look at it, If the bandmen
enter the service, take the oath and re-
oeive the benefits, exemptions and privi-
leges of guardsmen, they are estopped
from denying the obligations and duties
usually expected of musician soldiers in the
National Guard Section 1898 of the
Political Code is sufficient to hold the
men to duty. 1t provides that if band
has not been organized for regiment as
provided by the regulations of the army
OF the United States, the commanding
officer of the regiment may hire a band,
and the band so hired to serve the regi-
ment is subject during the term of their
engagement to the same laws and
regulations that govern the military
with which they may serve"
That covers the whole ground. A
band hires or enlists-it is immaterial
which-with a regiment, takes its title,
wears its uniform and enjoys the exemp-
tionsand immunities Of the guardsmen. 1t
Is thus estopped from afterwards denying
that it is not subject to the penalties at
tachiug for disobedience Section 1889 of
the Code mades the regulations of the
United States army apply to the organized
militia Of the State so far as not inconsist-
ent with State laws. OF these regulations
every guardsman, whether musician, pri-
vate or commissioned officer, is bound to
take notice. Section 1886, in listing the
exemptions of the guardSmen, names "mu-
sicians," aud Section 1880, in listing pen
alties names musicians" as liable to
them. 1t is hedging to say that by these
are meant the three musicians who are to
form portion of each company, as speci-
fed in Section 1862. The long and short
of it is simply this that if the band men
are in the Guard they are there as must
clans, and to do duty as such, not as pri-
Yates, hospital stewards or teamsters, but
as musicians, and for no other purpose
that if they enlist in the National Guard
they are subject to the usual regulations
thereof; that if they accept the title and
the benefits and the use of the regimental
name, it i'll becomes them thereafter to
plead technicalities and claim that they
are not bound to service usually exacted of
musicians. 1t is also notable in this whole
matter of the mutiny of the regimental
bands in San Francisco that they have not
said they refused to turn out for any of
the reasons referred to; have not objected
that their oath is meaningless that the
law does not define their duty; that they
are not bound to obey orders, etc, but sic2-
ply that they were ordered by their union
not to appear.