Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-05
RIGHT TO PLAY FOR PAY
Attorney Generals Ruling Contested
in Appeal to President.
CALLED CONTRARY TO LAW
Mr.. Bonaparte's Own Words as Sec
retary of the Navy Quoted to
Uphold Contention.

The American Federation of Musicians
Local, No. l61. through its attorney. "u-
liam A. Donch. has taken exceptions to
the decision OF Attorney General Bona
parte that the Marine Band can play
for money anywhere at all. in competi-
tion with civilian bands. and has fled q
brief with the President supporting the
contention that the Marine Band comes
under certain clause of act of Con-
Gress. approved May 13 1905. The clause
in question follows:
Navy bands or members thereof. other
than the United States Naval Academy
band at Annapolis. Nd shall not receive
remuneration for furnishing music out
side the limits of military posts. when
the furnishing of such music places them
in competition with local civilian mu-
SicanS.'
The brief starts out to prove that the
Marine Band is a navy band and states
that the Marin, Corps was organized
under the authority OF the Constitution in
the article which declares that Congress
shall have power to provide and main
tain d navy. and that it is governed
under SO much of the authority conferred
by the Constitution in the section em-
poWering Congress Ito make rules for the
government OF the naval frees =
Quotes Mr.. Bonaparte Himself.
The brief argues that the Marine Band
being part of the Marine Corps. and
the Marine Corps being own brother to
the navy. it naturally follows that the
Marine Band is part OF the navy. Several
cases in the Supreme Court are cited to
clinch the argument that a man enlisted
for the Marine Corps is enlist I'd for the
navy Attorney General Bonaparte s own
words are taken TO be used against him
in his argument. While Secretary of
the Navy Mr. Bonaparte rendered an
opinion in reference TO th@ marine
stated with regard to the Marine Corps:
Its legal status Is beyond all doubt OF
question "a part of the naval forces OF the
country, if not part of the navy, in tine
strictest sense
Besides the decisions of the cou; Is MIR.
Donch brings into The argument several
statutes and acts of Congress which he
says have been held by government Off
ciais 10 include the enlisted men of the
Marine Corps He claims that the mem
bers' OF ''the band OF the Marine Corps
are entitled to the benefits under thes
acts. the same as members of other
naval bands He concludes this part
of the argument by saying:
II hardly think any one would dispute
this contention. and therefore suggest
is used, whether it works to the advan-
tage or disadvantage of the members OF
the band. the construction placed upon
the statutes should always be the same. p"
Absolutely "a Law"
There Is a statute in the act of May
H. 1908, which seems very important to
the local musicians, and which their at
torney states has not been comm ented on
at all by the Attorney General in his de-
cision. 1t reads as follows:
The Marine Corps shall at ali times
be subject 10 the laws and regulations
eS ablishcd for the government of the
navy except when detached for service
with the army by order Of the Pr siGent ::
and when detached th'y shall be sub
Ject to the rules ana articles of war pre-
scribed for tne government of tlle army
Accordingly, in the light OF that regula-
ton. the brief submitted I, tEc Presi-
dent states that the act OF May - 1HoS,
prohibiting navy bands from competing
with civiilans. is absolutely a law estaD-
lished for the government of the navy
and in accordance with the provisions of
the section quoted must be held applCa-
bic to the Marine Corps.
The local musicians construe the act of
1899 reJrganizing re the Marine Band as
saying that the musicians of the Dand
are enlisted for the navy. The brief con-
cludes by saying that tie Marine Band is
a navy band and that the Attorney Cen
Cral contends that to include thc nand
within the meaning OF the act Of May
IL, 1908. would greatly impair its merit
as a musical organization. and also that
it restricts the rights and privileges here
tofore and for long time enjoyed by
the band in question.
These latter contentious CO not change
the legal phase of the qus stion. but if
Congress did not intend to include the
band in question within the meaning of
the act, ii plainly shows they have been
indulging in cass legislation, and this is
highly improbable.