SALARY UNPAID.

Press, Volume LXIII, Issue 18923, 11 February 1927, Page 11

SALARY UNPAID.

COMMONWEALTH BAND SUED. PUBLICITY DIRECTOR OBTAINS JUDGMENT. An abundance ol correspondence, cablegrams, telegrams, imports, otlicr documentary evidence was picsented to Mr 11. A. Young, S.M., » u tlij Civil Court yesterday, when the director of publicity of the Australian Commonwealth Silver Baud, which recently played ill Cliristcliurcb, proceeded against the bund's musical director. Herbert Gladstone Hill, companv manager, of Cliristchnrcli (Mr C. 3 - Thomas) sued Albert Henry Baile, band manager (Air W. J. Hunter) for The claim was made up of salary at £lO week (from January -ud to February 4th, 1927). £47 2s; expenses, £46 12s 7d; and three months'_salary in lieu of notice, £130; less £7o 1-is 7d already paid. Addressing the Court, Mr 'lhonias said that some time ago. in November. 19-3. a tour of the world was undertaken by the band, a man named Bcooroft and Haile being the principals. Hill was approached to take over tho advance and publicity work, which lie a Teed to do. The band toured Africa ami England; but, by the time it arrived at Toronto. Canada, it was insolvent. mid could not pay its way. When Hill found the baud was down and out financially.'lie approached the Canadian Pacific Railway Company and it was flnullv agreed that the company would see them to Vancouver. "So that, although tlio band is one of the finest in the world, it went through Canada disastrously'." said counsel. At Vancouver, another guarantee entered into. Hill becoming involve'! in the hand's liability for the band s sake. He lmd got contracts fur the band by which they could make enough money to eo back and pay their creditors 20s in the £ and make some profit besides "It would ho a financial success then," counsel stated, "instead of the miserable failure it is now. ' He understood that the bandsmen wcic £7OO or £SOO in arrears of their wages Hill's Evidence. When giving evidence, Hill told the Court that the guarantors of the band were Beecroft and Baile. He acted ; Ivanws agent through England, Africa, Canada, and the States. His title was "director of publicity." When in America, they wore working under the advice of the Canadian Pacific Railway and all steps taken by them were approved by that company. "Wo were financially gone by the timo we reached Toronto," he said. It was then that lie placed the whole of his cards on tho table and the matter was discussed with tho C.P.R.. which eventually decided to forward 0000 odd dollars. The band went on touring, and by tho time they arrived at Vancouver tiiev were not at all financial. Another contract was entered into with the C.P.R. Co., and lliey left Vancouver, llill promising to supply the C.P.R. Conuiaiiy with statements of accounts and receipts of the band. From the timo they left Vancouver lie had neyer received any statement from B;iiu\ When it was started, it was intended to be a tour or tho world._ ending in New Zealand about this time of tho year, lint when they got to Canada and the advances were made, it was decided to extend tlio tour and to travel through Canada this year, and so get sufficient money to pay back the company's advances. For tho Dofcnco. Mr Hunter moved for a nonsuit, faring that an attempt had been mhdo to prove a contract between tlio parties by means of a document, the primary purpose of which was a guarantee that the C.P.R. would lie paid. The plaititiff was trvinjr to spin out his employment until the railroad company was paid in full. This claim was not made against tlio firm, but'against Baile himself, and counsel asked that all documents addressed to the other parti Jleecroft, should not be taken into account. His Worship said that he was not prepared to grant a nonsuit. Alliert Henry Baile said in fvidence that he signed tlio agreement with tlio C.P.R. because lie would liavo donu anything to get the hand out of its difficulties. When they were in Canada, Hill had "held a pistol at his head" and demanded ten per cent, of the profits of the band, or else he would not continue with his work. Tins showed that he considered that his contract was terminable, Mr Hunter: What arc your plans when you reach Sydney? Witness: I have several men leaving ti.a band, and if I can successfully replace them and our contracts are forwarded, wc shall leave for America and Canada to carry out our obligations there. Cross-examined by Mr Thomas, Baile said that he thought. Hill's action in "holding a pistol at his head" for 10 per cent, of tlio takings was despicable, it a .lounted to blackmail. Mr Thomas: And yet vou did not tell the C.P.R. that Hill was a despicable man. In regard to Hill conducting the band, Baile said that Hill had conducted the band once, on tho voyago to England. "But it was in jazz work," he added. His Worship said he considered that the plaintiff was entitled to reasonable notice. He should have had one month, at least, and on that section of the claim judgment would bo given for £lO. On the wages claim, judgment would be for £l7 2s; the total amount of judgment lieing £o7 2s, less the 1 Is paid into Court.