The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-10
SOUSA MUST SETTLE.
Widow of David Blakely Has Obtain
ed a Decision Involving 100000.
New York HeraId)

(New York Herald.)
John Philip Sousa has ben ordered to
pay amounts estimated at 100000 to
Mrs Ada P. Blakely, widow of David
Blakely, who was. up to the time of
his death, in 1896, manager of Sousa' S
band. She has obtained a decision
against the musician after eighteen
months of litigation, whereby he is re-
CURED to account for all proceeds of
the band for tour ending May %, 1897,
and to pay one-half the profits to Mrs
Blakely, as Administrative of the es-
tate of her husband. He is also requir-
ed to turn over to her the library of
the band and to pay her for the use of
it. The decision also directs Mr.. Sousa
to account for all moneys received from
the sale or use of music composed by
him prior to Mr.. Blakely's death, and
to pay one-half of all sums to Mrs.
Blakely. lei Captain" and 1.-THE Bride
Elect are included in this decision.
David Blakely was for many years
editor Of western newspapers. When
Sousa was little known outside of Wash
ington, where he was leader of the
Marine band, Mr.. Blakely obtained per-
mission from the government for the
band to make a tour of the United
States under his management. The
tour was a success, and was repeated.
Sousa, in 1892, entered into a contract
with Blakely to lead band to be call
ed Sousa's band. Tours were made
each year up to the time of Mr.. Blake
ly'S death, in November, 1896. Sousa
was then under contract with Blakely
to act as leader of the band for S., 900
a year and 20 per- cent of the net profits.
Contracts had been made by Blakely
four tour running to May %, 1897. On
Blakely's death, Sousa informed the
widow that he proposed to fill the con-
tracts for the band to the end of the
season, in which he refused to admit
that she had any rights. He offered to
pay her $1,000 for a portion of the
bands library, which he admitted be-
longed to her, and 81, 900 for the office
furniture.
Mrs. Blakely refused his offer, and
it is said an arrangement was uttered
into by which Sousa was to continue
the tour under Mrs. Blakely's manage
ment. One provision of this agreement
is said to have been that royalties re-
ceiyed by Sousa from musical compost
tions were to be- equally divided be-
tween him and Mrs. Blakely. Vernon
NJ. Davis, formerly assistant district
attorney, and attorney for Sousa, it is
alleged, was to be trustee and hold
royalties and money received until the
end OF. the season, when the rights of
the parties were to be determined. Wal
ter CdrfOll Low counsel Tor Mrs. Blake
ly, said Monday that instead of abid-
ing by this agreement, Sousa seized the
band, the library and other property,
and gave concerts on his own account.
Mr.. Low said Vernon M. Davis had
paid all royalties to Sousa. These mat
tiers were embodied in complaint
made before the court of common pleas
in Philadelphia on April 9, 1897, as
Sousa was then playing in that city.
The case was heard by Charles e. Nor
gan, jr., a prominent Philadelphia law
yer, as referee. and decision has just
been given. 1t holds Sousa to the
terms of his contract, with Mr.. Blakely
to the end of the tour then in progress,
and says that Mrs. Blakely is entitled
to one-half the royalties forever from
compositions written prior to Mr. Blake
lys death. The amount of the money
involved is said to be close to 500, 900.