The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1901-12-07
Musical Clubs Controversy Over
Nine. ScIunlann- Heink's .Ap-
pcarancc Prostrates Hostess.
AFFAIR NAY REACH COURT.
Attorney Employed to Enforce
Contract. Which Provides That
Soprano Shall Appear bnt
Once in st. Louis.

| The Uai1n Musical Club has engaged At.
| tnrnev Charles Clanin Allen TO protect fts
! rights if Nine. Schumann-Heink. the srea,
| soprano. tries to carry out her contract to
| sing at .'musicar' planned by Mrs. Claude
Fitzpatrick for next Wednesday evening.
Whether an injunction suit or an action
for damages will be begun will depend or
the attitude OF Maurice Grau. Mime. Schu-
nannHeink's impresa-io. when Mr.. Allen
shall have brought the Union Musical Clubs
claims to his attention.
II the meantime Mrs. Fitzpatrick, who is
herself a member Of thz club. is so much
troubled o"er the unhappy turn of affairs
that she has been unable TO receive .heE
friends for several days. and it is said. may
have to postpone her musical. SiniuItane-
ousiy. tie other members of the club are
as one woman in asserting that they have
not the least desire to interfere with Mrs.
kilpatrick's musical. to which many of them
wsre invited
Contrast Speaks Out Plainly.
The Union Musical Ciub has a contract
with Maurice Grau for = recital by Nine
Schumann-Heiuk on January q In the ar
teles OF agreement Is a clause providing
that madame shall not sing at any other
recital or concert in st. Louis. It is this
clause which. the club asserts. has been
violated in the agreement for Nine. Schu-
n:ann-Hsink shall sing at Mrs fitzpatrick 3
house The clubs Board of Directors yes
terday morning agreed to place the matter
in Afr. Aliens hands.
TIE legal rights Of the club hinge on
the Interpretation of the word recital -
said Mr.. Allen last night The affair at
Mrs. kilpatrick's is called a musicale l
believe. All the same. according to the best
authorities l can find. 1t is really recital,
even though given at a private house.
The right of the club to enjoin Nine.
Schumann- Heink's appearance at this re-
cital is unGuestionabIe. The club could not
compel her TO sing. even under It's contract,
If she should refuse TO sing. But the agree
nient of her agent. Mr.. Grau, that she
should not sing anywhere else in ST. Louis
than before the club, IS 4 negative cove
nant. which certainly can be en-orced.
The damage the club would sustain
through the appearance of the great singer
ut some other recital than its own would be
much greater than the loss in ticket sales
fer that particular concert. NImef Schu-
Eiai1n-H Heink is really the feature of the
year. and her name has done much toward
attracting the attention Of music lovers TO
the work of the club. Tie promise of her
exclusive appearance under its auspices
would undoubtedly add largely to the num-
bsr Of season subscribers to the clubs
concerts and rscitais.
Two thousand dollars would rot be an
excessive estimate of the clubs loss II Nine
SchuMann-Heink should fail 10 keep the
contract. The club is not money-making
organization. but one that is trying to cu,-
tivate high appreciation for the best
music and spends much in pursuit of this
purpose.
Just what will be done 1 am not pre-
pared to say. After l have consulted fur
t:er with Mrs. Philip y. Moore. who made
the contract on behalf of the club, and
other members Of the Board of Directors. l
Will understand better just what the club
wishes NE to do. 1 have already explained
To them what their rights are. and have in
dicated what course cou.d be pursued.