The Waterbury Democrat., 1942-10-19
Supreme Court Expected To ReDie1U Music Barl" State Court Suits May Also Be Instituted to Break Dictatorship" Setup by President
 of American Federation
 of Musicians.
of Muslcians.

Petrillo has already admitted do not exercise an adverse effect upon the members of his Union. The Nation al Association of Broadcasters, in accordance with plans already made, expects to cooperate in the prosecution of these suits. The high est courts of number of States have taken positions entirely differ ent from that evidenced in the cases brought under the Federal laws, and it is believed that appropriate suits in State Courts have a sub- Santial chance of success.
 While emphasizing the necessity for affirmative action on their own behalf by the industries affected by MT. Petrillo's ruling, Judges Barnes decision leaves Mir. Petrillo in pre- ciSely the same situation which he created when he banned recordings and electrical tranScriptions; and 1t opens up no avenue through which the members of MT. Petrillo's union may recoup themselves for the losses in revenue which they are daily suf- fering through their failure to make recordings. The decision, in other words, does not change the present state of the law under which broad casters and other commercial en- terprises may use any available rec ords without the payment of tribute to MT. Petrillo's union.
 Ban Still Stands
 Assistant Attorney General Ar hold has indicated that he will ap- peal Judge Barnes decision. MT. Petrillo issued a statement in which he announced that The next move is up to the companies. The ban still stands MT. Petrillo in his state ment also ascribed to expenditures made by the NAB the unparalleled wave of public indignation which has been aroused by his rulings. Tn failing to recognize that the con- demnation expressed because of the ban on recordings has been not only universal but spontaneous, MT. Pet rillo is, of course, deceiving himself.
 "Judge Barnes decision illustrates the present state of the Federal law. The social and economic implica- tions of the decision are, of course, far wider than the recording issue. If the decision is upheld, not only are Federal statutes ineffective against strike by musicians against any instrumentality which brings music to the American people by means other than the direct per- sorlal appearance of the musician and this would include a strike against radio itself as well as against sound films, public address systems, etc.-but these statutes are also ineffective against strikes by workers of any category against machinery in their respective fields The workers who make reapers could strike in an effort to cause tribute to be paid to farmhands and mechanics could strike against the labor devices that make pos sible today's top speed production of instruments of war, and against the technological progress which has made possible the growth of oul country.
 Types Of Musicians
 "Judge Barnes decision indicated that he regarded the labor contro. versy as between professional musi- clans who wanted to furnish all oi the music, and employers whC wanted only part of the music fur. nished by professional musician, and part by recordings and by ann ateurs. He made no comment or the fact that all recordings art made by the very professional mu' SicianS who have now banned re- . cording. With respect to amateurs Judge Barnes did not comment or the fact that amateur musicians ars not used to replace professiona musicians, nor did he note that such complaints as were made deal with amateurs and their listeners who gained an educational and cul' ] tural experience without any dis ] placement of employment. Judgl , Barnes also stated that he took ths . high rate of employment of mem } bers of Mfr. Petrillos union in othel , occupations as indicative Of the fac } that these persons could not earI l their living in the field Of music ana ] were, therefore, forced into othe , fields. Many of these members aF' r engaged in skilled trades. in learnes } professions and in other stable oc } equations. and t would seem tlea
 that a very large proportion Q