INTRICACIES OF JAZZ

New Zealand Times, Volume L, Issue 11660, 26 October 1923, Page 3

INTRICACIES OF JAZZ

WHAT IS A SAXOPHONE ?

MR RIDDELL. S.M., SAYS HE IS NOT PREPARED TO SAY.

CABARET DRUMMER CHARGED

In moments of exasperation people who dislike the sound of a saxophone hav-o been known to voice the wish that there was a penalty for playing it. Yesterday a young man was charged with playing it, and the legal minds of the Bench and the Bar were occupied in determining whether an offence had been committed or rot.

The action arose out of tho employment in the Ambassador Cabaret orchestra. of a saxophone in conjunction with drums and jazz instruments. The drummer, Roy Brinsden, was before Mr W. G. Riddell, S.M., with a breach of the musicians’ award, in that he had by the use of the saxophone in the above circumstances employed a solo instrument which should have been played by a separate instrumentalist. Mr J. Jackson (inspector of awards) ■in prosecuting, declared that the saxophone was a solo instrument, and that ite parts were not to be seen in drum scores. Although tho drummer used so many instruments in conjunction with the drum, he was not entitled to use a saxophone, as this instrument must bo played by a man especially employed for the service.

< 1 UN REASONABLE. ’ ’ Following upon formal evidence boing called oy tho prosecution, Mr W. Perry, representing tlio defendant, re* marked that in his opinion the action was “a very unreasonable one for the piosecution to bring on.” In his opinion, the award as set out for performing musicians did not apply to those in cabarets. In fact at the time the award wa© made out there were no cabarets in New’ Zealand, these only having been in vogue for about months. Tile clause did not cover tho cabaret in Willis street. ‘/I am fijbtly relying on the fact,” said Mr "Perry, “that the saxophone is one of tlie drummer’s legitimate effects, and secondly that the saxophone is a noncrchestral instrument. The saxophone was used because the drums, etc., were too ‘heavy’ to use in a quiet waltz.” In evidence, Brinsden declared that the saxophone wan used by the drummer in certain towns of New Zealand in various orchestras. The Dixieland Oabaret drummer in Auckland, employed a saxophone, as also did several of the theatres in that town. SEVERAL QUESTIONS. The magistrate declared that there W€.re two questions to be considered. Firstly, did a cabaret como under the clause in the award relating to amusement halls, cafes, etc? Secondly, was tho saxophone an orchestral instrument? There was a little indefiniter*€Bs, said His Worship discussing the fust question, and he was inclined to rule in favour of the plaintiff. The name ‘'cabaret,” however, removed it somewhat from the scope of th* award “I am not prepared to say whether it is an orchestral instrument or not,” declared tho magistrate. “It seems to mi that a conductor of nn orchestra might include a saxophone, or he may leave it out.” Tho evidence on this point was insufficient, and it was in his opinion that the saxophone had been vsed to procure certain legitimate effects.

The plaintiff was accordingly nonsuited.