Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
448
THE MUSIC TRADE REVIEW.
of the Parish Wake," "Songs of the Abbeys
Such contract was not void as against public
l^eeer/t
and Cathedrals," "Sketches of the Emerald
policy in restricting a quasi-public servant in its
Isle," " Hours of Idleness," " Roadside
duties to the public ; that it was not objectiona-
LOAN—EVIDENCE—SURVIVOR.
Sketches," " Songs of Shakespeare," "Friend-
The Supreme Court of Minnesota held, in the ble for want of mutuality, and that, though
ship's Offerings," "Songs of a Voyager,"
recent case of Parker vs. Maxwell, that a survi- verbal, it was not rendered void by the statute
"Wayside Melodies," "Songs of the Bards,"
vor of two contracting parties was competent to of frauds.
and " Beauties of Other Lands."
testify to the fact that a note given for money
CONSTITUTIONAL LAW—STORE ORDERS.
The next change occurred in 1849, at which
loaned embraced a specified sum in excess of the
The
Supreme Court of Missouri recently, in
time Mr. Crouch and Max Maretzek were both
money loaned.
the
case
of the State vs. Loomis, held constitu-
attached to Her Majesty's Opera in the Hay-
tional a law of the State declaring it to be un-
INSURANCE—AGENT—AUTHOEITY—NOTICE.
market. Here, during a rehearsal of Verdi's
" I Masnadieri," Maretzek prevailed upon
The Appellate Court of Indiana held, in the lawful for any corporation, person or firm en-
Crouch to accompany him to America, where he recent case of Criswell vs. Riley, that an insur- gaged in manufacturing or mining to issue for
was to open the season at the Astor Opera House. ance company may send a policy to a broker for the payment of wages any order, check or other
The offer was so tempting that he renounced his delivery and still withhold from him authority token of indebtedness otherwise than in lawful
London engagements, and took passage to New to receive payment of the premium ; in which money, unless the same was negotiable and re-
York, where he landed November 10, 1849. After event he would not be the company's agent for deemable at its face value in cash or in goods,
the conclusion of the season in this city he made the purpose, and payment to him would not at the option of the holder, at the store or other
a tour through the Eastern States, and every- bind the company, provided the assured had place of business of the corporation or firm.
The court said : '' The statute in question does
where met with the most flattering success. At notice of his restricted authority.
not deny the right of the manufacturer or the
Portland, Me., he first produced Rossini's
RAILROAD —EMPLOYMENT—RELEASE.
operator of a mine to engage in the mercantile
" Stabat Mater, "and other works of similar char-
A railroad company admitted its liability to business nor to pay the wages of labor in mer-
acter. The California excitement was then at its
height; it seized the minstrel, and he started an employee for a personal injury, and verbally chandise, but it simply prohibits him from issu-
for the gold fields by way of Baltimore. His agreed to pay him a certain sum and give him ing a check or other evidence of debt in payment
wife fell ill at Jones's Hotel, in Philadelphia, steady and remunerative employment in con- of such wages without at the same time making
and while waiting her slow recovery he brought sideration of a written release from him dis- it negotiable and redeemable at its face value,
out "Joseph and His Brethren" and Locke's charging the company from liability for the without discount, in cash or merchandise, at the
music to '' Macbeth.'' His means became much injury. The Appellate Court of Indiana held option of the holder. In other words, the statute
reduced during his wife's protracted convales- (Pennsylvania Company vs. Dolan) that such is not prohibitive of any right, but regulative of
cence, and he accepted the position of musical release was not the foundation of an action by it, and there is a wide difference between regu-
director of St. Matthew's Church in Washington, the employee to recover for a breach of the agree- lation and prohibition, between prescribing the
D. C , and with the assistance of his friend and ment, and need not be filed with his complaint; terms upon which a Tight may be enjoyed and a
associate, Heller, the magician, conducted the that an agreement to give such employee denial of that right altogether.''
Philharmonic Society. Passing southward to '' steady and permanent employment'' was not
RAILROAD—REGULATION—TIME SCHEDULE.
Richmond, Va., his professional services were void for uncertainty; that, reasonably con-
strued,
it
was
an
agreement
to
furnish
the
em-
The
Supreme Court of Indiana held, in the
engaged for St. Paul's Church, then under the
pastorate of Dr. Minnegerode. He sang here ployee employment as long as he was able, recent case of The State vs. Indiana & Illinois
on a salary of $4,000 per annum, until his ever ready and willing to perform such services as the Southern Railroad Company, that the act of
restless fate tempted him to resign it for $13 per company might have for him to perform ; that March 9, 1889, requiring railroads, at certain
stations in the state, to place blackboards and
month as a private soldier in the service of the
write thereon the schedule time of passenger
Confederate States. He enlisted in the '' Rich-
THE
trains, and whether such trains were on time or
mond Grays," from which he was transferred
late, and if late how much, and providing a
to the howitzer company of Col. Cotter Cabell's
penalty for failure to report or making false re-
Battalion of Artillery, Army of Northern Vir-
ports of such trains, etc., was a valid and con-
ginia, First Army Corps, under Gen. Longstreet.
stitutional enactment. The court held that the
He served during the entire war, never had a
act was not so indefinite as to be inoperative,
furlough, and from the field of Lee's surrender
and that while penal statutes are to be strictly
at Appomattox he made his way to Buckingham
construed, courts are to take a common sense
Court House, where he obtained temporary em-
view of the statute as a whole, and if by so do-
ployment ' as a gardener and field hand on the
ing, and giving to the words used a reasonable
plantation of Mr. Thomas Perkins. From this
construction, the object of the legislature can be
place he went to Baltimore, and was there em-
definitely ascertained and carried out, the
ployed for many years as a varnisher in a fac-
statute must be upheld. The putting up of the
tory. Of late years, however, he has been en-
blackboards, the court said, was a mere incident
gaged in teaching music to sustain his family.
to notifying the traveling public as to whether
Prof. Crouch has been married no less than
trains
are on time or late, and if late how much,
four times. One of his daughters was "Cora
Pearl," who lies in Pere la Chaise; another
and the penalty for failing to give the notice
daughter, Rosa, is now fighting her way to for-
could not be avoided by a refusal or neglect to
MANUFACTURERS OF
tune in the '' Fighting Fortune '' company.
provide the means prescribed for giving the
Prof. Crouch has now reached his 85th birthday.
notice.
The court held that the law was not ob-
His splendid, undimmed memory ranges over
jectionable as class legislation, because it ap-
nearly every year of the nineteenth century.
He has stood in the presence of kings, and his
plied to stations where there was a telegraph
associates have been the most gifted minds of
office, and that it was not in conflict with sec-
FACTORY
I
this or any other age. His body has been torn
tion
2 of article 8 of the constitution of the state
and mangled on the sultry field of battle.
DERBY, CONN.
requiring fines to go to the school fund ; that
Earthly honors have come to him unsought as
the penalty provided was not a fine ; that it was
tributes of homage to his melodious genius. He
It is admitted by all that no piano ever put upon the
is a Fellow of a Royal Society, a Doctor of Music,
no objection that a part of it was to go to the
Master of Arts of seven different universities, market has met with such success as THE STERLING prosecuting attorney for his services ; that the
and Druidic Bard and President of the Historical and thousands will testify to their superiority of work-
recovery could not be limited to one penalty,
Brotherhood of the State of Maryland. He has
also received gold medals and diplomas from all manship and durability. Why ? Because they are made but that there might be a forfeiture as to each
the principal countries in Europe. Venerable just as perfect as a piano can be made.
train at each station each trip, and finally that
and full of renown, words of praise cannot add
the act was not void as assuming to regulate in-
THE STERLING ORGAN has always taken the lead, and
to the fame of the gifted man who wrote '' Kath-
leen Mavourneen " and " Dermott Asthore."— the improvements made this year puts it far ahead of terstate commerce, but was a valid exercise of
the police power of the state.
N. Y. Sun.
all others. J ^ " Send for Catalogue.
Sterling Company,
Pianos and Organs,
Hallet £ Davis Pianos
GRAND, SQUARE AND UPRIGHT.
Indorsed by Liszt, Gottschalk. Wehli, Bendel, Straus, Soro, Abt,
Paulus, Titiens, Heilbron and Germany's Greatest Masters.
Established over Half a Century.
BOSTON, MASS.
i