The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-30

also proposed to have the words and song
copyrighted, representing that the song
would possibly have sach a vogue that
Schmidt would make $4,000 or $1,000 by the
transaction, but as Sauvlet summed up the
conversation, Il say, Shall we copyright
it?' He say, No"
Richard a. Luchesi, for twenty-four
years musician, was next called. He had
known the professor for about five years,
and was acquainted with his work. He
considered it very good, especially the
Hawaiian song.
Professor Sauvlet had kindly hattered
his tympanum with a rendition of it three
months ago., The music. he said, was well
adapted to the words. Attorney Clark
then questioned him as to what he consid-
cred the value of the composition.
at is matter of reputation and judg-
ment. Sauvlet might ask $500 for thing
that Verdi would want $4,000 for"
did you ever hear tell Of wait Till the
Clouds Roll By?' asked the attorney,
quiZZically.
"Oh, don't keep track of such trash ~
cried the witness, shaking his head depre-
catingly.
Nor After the Ballg"
'AIl trash, trash" exclaimed the wit
ness.
In conclusion he said he did not con-
slider the charge of $3.50 made by the pro-
lessor as excessive.
Noah Brandt, the well-known orchestra
leader, was called to the stand. He had
also been treated to rendition of the
Hawaiian melody and had admired it. He
also expressed himself as against ssWait
Till the Clouds Roll By" and "Sweet
Violets," as he did not consider the per-
sons who made up the airs understood
their business. They did not belong to
the same class as musical scholars, pro-
fessors and masters. Finally he compared
the professors work to the 'Star-spangled
B Banner"
This statement aroused Mr. Shortridee.
while Professor Sauylet brushed back his
curling locks and beamed benignantly
about the room.
Equal to the Star Spangled Banner p"
asked the attorney.
grew almost luminous with pleasure
"Or America. or anything else in that
line?"
II do,'' repeated the witness.
"My!" remarked the attorney. 1--WE
may pay $500 for this production before
long, and the professor looked as if he
believed it.
Mr.. Brandt was then asked as to what
he thought the work was worth. He
thought it depended on what value the
author placed on it..
F. M. Demart was then called by the de-
tense. He had had thirty years expert
ence in publishing music, and when asked
what the professors production was worth,
promptly replied $40. 81 can get any
udm Der of competent musicians to do the
work for that.
"Why, in New York there are musicians
who will do it for S., and even for glass
OF beer. know two men-one who writes
the words and the other the music-who
do such work for their beer"
The professor looked Mortified, and
had fNr, J.,
the table, as If to preserve them from the
clutch of one who was getting musical
gems at such rates. Mr.. Demart was en-
phatic as to the prices paid for compost
ton.
E. Creuels, a Spanish musician, testi-
fled that he could ana would do the work
for $50. 1t was not difficult piece
Attorney Shortridge then read the depo-
sition of Mr.. Schmidt, and in it he denied
Professor Sauvlets allegations. He said
he had never asked the professor to do the
work. He had given him the poem to use
in connection with the Hawaiian opera if
he desired. He had made friendly calls
upon the professor but had not ordered
him to do any work for him. The pro-
lessor had asked him for $50 for work, and
in refusing he told the musician that he
did not want anything more to do with
him. No demand had ever been made on
him for any other money.
This concluded the testimony, and after
brief arguments the court rendered a deci-
sion IN which he maintained that the main
point at issue in the case was the conflict
between the testimony of the professor and
of Schmidt. 1t therefore rested with the
plaintiff to establish his charges This
had not been done, SO it was necessary to
render judgment for the defendant, with
costs. The plaintiffs lawyer said he would
appeal. Five days stay was granted.
& fl,nf1 ~, f1,nT,
its entirety, one stanZa was read with effect
by Attorney Shortridge. 1t is as follows:
Republic of Hawaii, thy praises sing
Thou embraces all races, hear harmony ring
United we stand. divided we fall.
Aloha and peace may reign over all.
Hawaii. Aloha,
Aloha, Hawaii.