The sun., 1896-10-29
A SINGERS RIGHT TO SING.
JUSTICE RUSSELL DOUBTS THE
LAWS POWER TO CONTROL II.

| Although Himself DispiayinE Ability ns n
| Musical Critic. He Disparnges That OF
| the Judiciary in General - -Intereating q
| Points Raised by Singer Gnskins's Plight
The Limitation OF the courts in dealing with
| singers was dwelt upon by Justice Russell of
| the Supreme Court yesterday In opening a de-
fault by which the firm of Walcutt & Leeds OBJ
| tained an injunction preventing George j.
Gaskins from singing except for them. Tho
plaintiffs-Clevelnnd Walcutt, Edward +. Leeds,
and Henry Lceds-made q contract with tho de-
fendant last May by which he agreed to sing
for their monographs Mt Sl.5O song. The con
tract did not compel the plaintiffs to have
Gaskins sing any stated number of songs, and
he contended that they had not called for
enough of his services to afford him living.
The plaintiffs said that Gaskins had previously
earned about S25 week and that while under
the contract he made $50 week. lie threw
the contract over and went to Chicago, where
he made arrangements to sing into the instru-
ments of other talking machine companies.
When papers were served upon him on a
claim for an injunction to compel him to keep
the contract. Gaskins paid no attention, they
said, but continued to sing for his new em-
ployers. The singing was shut Off by the In
junction granted on Gaskins's default. In
opening tho default on condition that Gaskins
pay costs, Justice Russell says:
I'VE have grave authority for the rule that
the bird that can sing and will not sing must bo
made to sing (old adage)-Chancellor Wal
worth in De Riva Finoli VS.. Corsetti. Paige
Ch 270. But the learned Chancellor duly ap-
preciated the difficulty of finding any officer of
the Court of Chancery with that exquisite
sensibillty necessary to understand and enjoy
with proper 2est the peculiar beauties of Italian
opera. so that the singing of the defendant,
under the direction ami IN the presence OF the
Master Of Chnncery, might afford satisfactory
test az to whether tho engagement was duly
performed, and according to It's spirit and
intent.
the courts OF the state in this respect that the
substantial difficulty suggested by the Chan
cellor has vet been obviated. Its not matter
OF judicial knowledge that any member OF the
bar might be appointed referee. or even any
Justice of the court cou Id be chosen, who could
we'll perform such task. 1t may be that after
Judicial consultation some officer or Judge
might be designated who could tell the differ
cnce between Casta Diva aud the Star Span
gled Hammer or distinguish Home. sweet
tore of the defendant, as Judge from the score
OF the allegations nf the plaintiffs papers Is far
wider in is range than The instances cited. md
sing nm air from 'l.ohcngrin.' or possibly
sacred hymn, the difficulty OF choosing an ex-
might be inSurmountable.
,"rh,eTSfore, either by appreciation by the
affirmative performance OF the contract or
BY careful discrimination OF the learned
justice VINO allowed the judgment IN tnle action,
the Judgment is confined to nm injunction
against the defendant from singing. IL Is
fairly nmatter o lawful presumption that may
be determined by nuricular evidence whether
not nm attempt is actually made to violate
such an injunction. But tho defendant pleads
that he ought to he relieved from even this in
hibit!On. and thatif not from motives OF public
policy, at least rs means OF supporting him
self and those dependent upon him, the melo-
dies OF his voice should not bo stilled in perpet
tuIuI.
II am Of the opinion that tho defendant
shows a fair claim to defend so that upon trial
the conflicting responsibilities of tho parties
may be more precisely determined. especially as
the in nJunctiOn is broad and limtlcss in its char
i.cter. booming the defendant TO musical silence
even before his friends or family. To restrain
him thus would not only deprive him Of the
means OF livelihood but bring possible disaster
to the health of one who. by trimming and cdu-
cation. may pcrchance find the most natural ef-
fcctive expression to his vocal utterance in in
tonntlon or song