BAND AT RACES.

Star (Christchurch), Issue 11029, 18 March 1914, Page 5

BAND AT RACES.

DONATION INSTEAD OF WAGES.

AN AUCKLAND CASE.

A case was heard in Auckland recently over the question of whether a band engaged to play at the Auckland Trotting Club's meeting, which was held in October of last year, should bo paid wages for their services or not. The case arose out of the Trotting Club making a. donation of £lO to the band, which in this case was the Onehunga Mimicipal Band; What should have been paid was twenty shillings a day for the bandmaster, and fifteen, shillings per day for each bandsmen. Mr E. W. F. Gohns. the Inspector of Awards, appeared for the Auckland Labour Department, and the Auckland Trotting Club was prosecuted for a breach of the Auckland Performing Musicians' award. The point was raised in defence that the band was a municipal one, and was subsidised bv the Onehunga Borough Council, ancl under its rules and incorporation no member might receive remuneration for his services, all moneys received going to the funds of the band. It was also stated that, the band had come voluntarily, as it had .approached the Trotting Club first. His Worship. Mr Kettle, said that he could not take the band's rules into consideration. .Fie must regard the whole arrangement as a purely commercial transaction. The band's rules could not override the award, the purpose of which was that paid musicians should claim and be paid the award rate. This did not, of course, prevent musicians from playinsx for charity, provided the relation of employer and employee was not set up. The defendant-club-would be fined £5 10s—the difference between the £lO donation, and the sum due. under the award. He suggested that the Inspector of Awards should find a way to pay the money to the band. This latter remark drew from the Inspector that he would imagine the bandsmen would divide it up if he did. "in fact," he added, " 1 -understand that things have come to such a pass that the Borough Council is severing its connection with the band altogether."