Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-11-11
MARINE BAND IS FREE
Continued from First Pageo

Continued from First Page)
| of musicians known as the Marine Band
shall be entitled to receive at the rate or
| four dollars a month each In adoltlon 10
| their pay as non-commissloned omcers,
musicians or privates of the Marine corps
| so long as they shall perform, by ORDER
of the Secretary of the Navy or other
superior officer, on the Capitol GROUNDS
| or the Presidents grounds
"In constituting subsequent act OF
| the Congress we are bound to assume that
| the language employed was used with
this provision of the United States Revised
Statutes present in the mind of the legls-
lative body. and that the Congress then
appreciated the significance of the fact. so
| as aforesaid recognized in section 1913,
that this organization of musicians was
generally known as the Marine Band
| 1T is suggested In certain of the docu-
nents submitted to me with your letter
that the words navy bands should pe
understood in colloquial or popular sense
| and not in a technical or precise sense.
I find nothing either in the act itself or
| in the arguments submitted to this depart
ment which sustains this hypothesis, but,
admitting it to be true, since we nave a
| legislative declaration that the generally
accepted designation of this band was not
| a navy but a marine band IL the terms
are supposed to be used In q popular
sense, the inference to be, drawn would
seem, to my mind to be, that the Con-
gress did not intend to include the band IN
question.
Marine Band Not Navy Band.
Il reach, therefore, the conclusion that.
interpreting the language OF the proVi-
sion in question according to the appro-
pirate import Of the words, the Marine
Band is not included within the designa-
ton navy bands and it's members are
not, therefore, subject to the restriction
imposed by the provision In question IL
| is, however. undoubtedly true that at
| tendant circumstances might snow an IN
| tention on the part of the congress to
| include the Marine Band by this term.
| just as in the statute construed In
Wilkes VS.. DinSman 1t was held that
men enlisted for the navy included men
| enlisted for the Marine Corps nave
carefully examined all the papers trans
mitted to the department and given at
| tentive consideration to the arguments
advanced to show that such was the case
in the present instance, but l can find no
| unequivocal proof of any such intention
| on the part of the congress.
1T is true that in the army appropria-
| ton bill for the same year. approved May
| H. 1908 there is an identical provision
with respect to army bands, the language
being:
Provided that army bands, or mem
bers thereof shall not receive remunera-
ton for furnishing music outside the linn
its of military posts when the furnishing
of such music places them In competition
with local civilian musicians.
1T follows that the Marine Band Is the
only one attached to either branch of the
military service except the band at the
Naval Academy. which is excluded from
the operation of the restrictions in these
two provisions: but this fact does not at
all show that the congress did not intend
to exclude 1t; for the L. s. r. s., section
1913. above quoted recognizes the Ma
rine Band as rendering peculiar service
and entitled to exceptional treatment, and
/ can nothing irrational In holding
that the congress may have deemed 1t
proper to exempt this band from the re-
strictions imposed on others, especially
i'm view Of the facts stated In your letter
and in the lengthy memorandum from the
commandment of the Marine Corps, tend
ing to show that to subject the band to
these restrictions would greatly impair
it's merit as a musical organization.
Construction of Statute.
ct is also true that the express ex-
ception Of the band at the Naval Acad-
envy from the operation of this provision
shows an intention on the part OF the
Congress to include within the terms OF
the provision any band which could be
appropriately denominated navy band,
but this argument appears to beg the
question at issue If the Marine Band
would not be generally understood. either
in the service or in common parlance. as
covered by the term navy band there
could be no reason for excluding it.
at is stated in some of the papers sub
mitted that complaints as. to the compe-
ttion of this particular band were the
original moving cause of this special leg
islation. There is nothing in the records
of the Congress to show this fact, but.
admitting it to be true. it would seem
that the contrary inference might be rea-
sonably drawn from the fact as to the
meaning of the provision, for if the Con-
gress really wished particularly to ex-
tend this restriction to the Marine Band.
it seems quite inexplicable that they
should not have mentioned that band by
name or used language unequivocaly COW
ering it; and this view seems the more
reasonable when we remember that the
statute Is, in a sense, quasi penal-that
is to say it restricts the rights and privi-
leges heretofore and for long time en-
joyed by the members of the band in
question.
such statutes are to be strictly con-
strued not. indeed, so strictly as to defeat
their obvious purpose but without extend
ing their application by any doubtful
construction or far-fetched conclusion.
am therefore led to believe that it was
not the purpose of the Congress to In
cIude the Marine Band within the term
navy bands as used in this statute or
course, If / am mistaken in this respect
the Congress can readily correct the err
ror by appropriate action at its approach
ing session.
II advise you that, in my opinion, the
terms of the provision of the law ap-
proved May Is. 1908, and quoted in your
letter, do not apply to the corps of mu-
sicians known as the Marine Band.
Il remain. sir. yours very respectfully
ISienadl "cHARIES 81 RONAPARrE.