Evening star., 1926-06-20
MILITARY BAND CONCERTS
SAVED BY DAVIS RULING
Decision in Arlington County Case, if
Adverse, Might Have Been
Far-Reaching.

| season. Martial music has been a fea-
ture of various organization outings
of a civic character. And. as pointed
ont by the Virginia citizens, the Ma
| rine Band-not an Army unit, now
ever--is planning another concert tour
in large cities of the United States.
1t was too large a problem for
routine judgment. Ordinary military
channels were loath to handle 4.
Some of the highest Army officials.
apparently. themselves had a certain
doubt in their minds as to how
, rigidly the military regulations We're
to be enforced.
The original act of Congress, ap-
proved June 3, 1916, governing such
concerts. was easily construed to per
init Government bands to render civic
concerts whenever no competition
with civilian musical organizations
was involved The law stated, mere
ly, that no Army musician should
lie detailed. ordered or permitted
10 leave his post to engage in any
pursuit. business or performance In
civil life for emolument, hire or 9th
erwiSe when the same shall interfere
With the customary employment and
regular engagement OF local civilians
in the respective arts, trades or pro-
teSSionS.'
Law Itself Plain Enough.
The law itself. prior to it's amend
ment in later military orders, was
plain enough Military bands were
not prohibited from donating their
services outside military limits, pro-
viding their offer did not conflict with
the regular engagement" of civilian
bands. Under the. law the Govern
ment allowed it's bands considerable
latitude in cooperating with municipal
or civic interests. Military bands
furnished music for business mems
outings, civic celebrations and vari-
Gus kinds of fetes.
The frequency with which service
bands donated their music did not sit
well with civilian bands, however. t
was claimed that organizations which
could afford to pay for civilian
band were saving their money by
getting military organizations to
play. The assertion was made that
the civilian band industry was being
seriously retarded by Government in
reference.
So. in response to the furor raised
in this connection the regulations were
amended "to insure compliance with
the spirit of this prohibition" against
competition. The chief of staff, by
order Of the Secretary of War an
nounced that neither the mere as
sertion that it is not intended to en-
plov other musicians nor the fact
that the Army bands are to furnish
music without emolument should be
accepted"
Attitude of Doubt.
1t was the poignant provisions Of
this amendment that created an atti-
tude of doubt in Army band circles
as to Just when and where an Army
band might perform its highly i'm
portant duties.
The law thus was made to con-
tain a double lock. The first part
forbade competition and the amend
ment abolished the only known
methods of ascertaining whether or
not there was competition. 1t was
a very nice problem for solution that
was put up to Secretary Davis, but
he met the situation quite handily.
Under the Secretary's construction
of the law as amended, Army bands
may render concerts in public on
grounds other than military reser-
vations, providing the concert is OF
official character, or is for charit-
able cause or is for the edt1cation
of the music loving civilian public.
involving no commercial aspect and
no bona fide interference with the
civilian band business,
Thus. Americas traditional Mill
tary band concerts are saved for
posterity and the blare of martial
airs once more will resound this
Summer in divers parts of the Ma
tion's landscape.