ORCHESTRA & ITS PAY.

Dominion, Volume 6, Issue 1718, 8 April 1913, Page 6

ORCHESTRA & ITS PAY.

CURIOUS CASE. REFUND UU THEIR SALARIES; TO BE-jUIfED FOR "SEAT'S."ißy Telegraph.—Press Association.) • J>- Auckland, April 7. Ail interesting case occupied the attcttlion of Hid Arbitration Court to-day, when* Brooks Bros., proprietors of illc Windsor Picture,'J'heatre, in Ponsonby Roiul, worn charged Willi having committed a breach of tlis'.invanl' of tlio Auckland Performing Musicians' .Union by 'paying members of their''orcheslrn loss than award ratcf. Mr. Gohns, Inspector of-Awards, prosecuted, and Mr. Pullen defended. Mr. Gohns, in outlining the ease..said I hat, undor. tho award, musicians should Ijq'paid ,C 3 a week for six performances and one matinee. Defendants, it was alleged, had paid two members of their 30s. a week. When -Mr. Lebnai'd Brooks had been approached on the matter lie luid produced his wages book, which sot forth 'that .€3 per neck harl been paid to each musician every week. Ilis explanation was that ho allowed musicians who received short payment thirlj- reserved' seals a week in his theatre to make up tho full award rate. Half his Pay in Reserved 'Scats. Ernest Alfred Lowry, a member of t ho" Musicians' Union, stated that lie had been engaged in defendants' orchd.h'a for twelve months. When the new award came into force ho was only getting 30s. a week, and offered to take lliirty .shillings worth of scats to make up the difference. Ho did it to help Mr. Brooks, as lie knew that ho could not afford to pay the full rate. Mr. Brooks always handed liiiu his' full .£3 on Saturday, and, on Monday, witness would pay him back 30s. To his Honour: Witness used" about eighteen or twenty of the' seals every week. His Honour: Which really ihcans that you aro spending 30s. a week •of your money on free seats for your friends., / To Mr. Golius: Witness never received less than ~C 3. Witness had left Brooks's employ. His Honour: How did your, friends get in? _ ' 1 Witness: I■ introduced ~ tliom at tho door, or t'liey mentioned my name. : - Henricli Peter Ibesen Henicksen, who had formerly played as violinist \in Brooks' orchestra, gavo evidenco similar to'that of the previous witness."'. '/ To his Honour: On rush nights, after 8 o'clock, the free seats were no longer kept reserved. - Ho thought that 'tho viverago number of seats which his friends used would, bo about .fifteen a week." Hubert ' Sapsford," another l member' of the orehestra, also gave'evidence. Mr. Gohns read Section 110 of tho Industrial Conciliation and Arbitration Act, providing that any employer who adopted methods with tho intention of defeating the ends of an award would, bo deemed to have committed a breach of the award. They Wished to Help the Theatre. Mr. Pullen, for tho defence, said that to have paid tho full rate wohld havo been impossible for Mr. Brooks, and tho musicians would havo been- thrown, out of "employment, as many others had been. They approached tho proprietors and made the arrangement; already mentioned. They, were quite entitled to use half their money, or oven the wholo of it for that matter, if they .desired to do' so, in purchasing seats. Leonard Brooks, one of the defendants, said that, upon the new award being made, tho nieii oamo to him: and expressed a desire to help him, as they realised that lie could not afford to pay the .increased rate. They suggested that 'ho should pay them the £3 and then they would pay him 30s. back oil condition that they were allowed 30 free seats. , To Mr. Gohns: Witness had neve? stated to him' (Mr. Golms) that lie was paying less, than tho award rate. - Bernard' Brooks, the other defendant, said that ho hail personally paid tho musicians .£3 a week, and they had paid him for seats reserved. William Ernest . Ewart, violinist, said ho had been employed by Brooks for a fortnight past at-,£3 a week. Ifo' had never been asked to accept less than that amount. Ho had also worked for him in November for a fortnight at .£3 a week! Witness had aslced Mr. lirooks if ho could roservo seats, and Mr. Brooks had replied that he could please himself about it.' Witness reserved 30 seats ill a fortnight, and llioy wero all used. No persuasion whatever Was used by Mr. Brooks to get witness to buy seats. -• His Honour: You ask us to believo that you voluntarily offered to buy seats and to pay for tlicmf Witness-was at this stage overcome with an attack of faintness, and was led out of court. Arthur Richards, tho next witness, denied that he had been paid ss. and 7s. Gd. instead of the full rate of 12s. a performance for casual employment in the orchestra at tho theatre. 'I'he Court reserved judgment. '• •