n NEWS & VIEWS LOST AND FOUND The incredible story of the Titanic musicians’ plaque, and who owns it now – legally speaking

recently had the unique experi- ence of attending the unveiling of the recently discovered 101-year-old legal Iplaque commemorating the musi- cians who lost their lives on the Titanic. corner The ceremony took place at “Titanic: the harvey mars, Experience,” an exhibition in Orlando. esq. In April 2010, Allegro published an article regarding this plaque after we Harvey Mars is counsel to Local were contacted by John P. Eaton, histo- 802. Legal questions from members rian of the Titanic International Society. are welcome. E-mail them to Mr. Eaton was interested in learning HsmLaborLaw@HarveyMarsAttorney. the whereabouts of the plaque. The ar- ticle beseeched anyone knowing of the com. Harvey Mars’s previous articles whereabouts of the plaque to contact in this series are archived at www. Allegro’s editor, Mikael Elsila. HarveyMarsAttorney.com. (Click on Well, the plague was found, partially “Publications & Articles” from the top as a result of our article. menu.) Nothing here or in previous Florida resident Douglas Turner, a law articles should be construed as formal Above, musicians perform “Nearer, My enforcement officer who enjoys visiting legal advice given in the context of an God, to Thee,” a hymn believed to be the scrapyards looking for items of value, attorney-client relationship. last music played by the Titanic band found and purchased the Titanic plaque members before they went down with as well as another plaque commissioned the ship. The performance was part of by Local 802 memorializing musicians strains of their music – saved many an unveiling ceremony at the “Titanic: who had lost their lives in World War II. lives and helped keep order while the The Experience” exhibition in Orlando Upon reading the Allegro article, Mr. life-boats were boarded? It was hard for to show off the newly-discovered Turner contacted the Titanic society and me not to get choked up. plaque (left), honoring the Titanic inquired as to where the plaque could How did the plaque wind up in the musicians. Local 802 used to own the be publicly shown. Ultimately, a six- scrapyard? Charles Haas, president of plaque before it was abandoned and month license was awarded to “Titanic: the Titanic International Society, tells later recovered at a scrapyard. the Experience,” where the beautiful this amazing tale on page 28. plaque currently hangs. Pictures truly Two additional points are worth or takes possession of abandoned prop- outside agency. Thus, these musicians do not do it justice. mentioning. First, the plaques were erty becomes its rightful owner. (Hence, were independent contractors who had During the unveiling ceremony, lo- Local 802’s property for many de- the partially true maxim: “possession is been supplied by a third party. Because cal musicians played “Nearer, My God cades. They last hung on the wall at nine-tenths of the law.”) of this, they were listed as second-class to Three,” the same composition that the Roseland Ballroom, which was for- However, we are very fortunate that passengers, and not crew. This meant many believe the musicians on the Ti- merly the union’s headquarters. How- Mr. Turner salvaged these plaques, since that they were free to evacuate the ship tanic played while the ship was sinking. ever, when Local 802 left Roseland in it is clear that they would have been with the passengers. They chose not to, As I listened, I wondered what the 1982, both the Titanic plaque and the destroyed. The hand of fate definitely and remained on board. They met their musicians were thinking and feeling World War II memorial plaque were played a role in this incident. death doing what they loved to do: per- while the ship was sinking. Were they inadvertently left behind. The other point is one I learned forming music for others. absorbed by the music and solely Having been abandoned for more than directly from Mr. Haas after the cer- We hope that at the end of the six- focused on it? Did they play to soothe 25 years, the plaques became the legal emony. The Titanic’s musicians were month lease, Local 802 can enter into themselves knowing of their impending property of Mr. Turner when he pur- not employees of the White Star Line an arrangement with Mr. Turner so that doom? Did they realize that they were chased them in Florida. Under common (Titanic’s owner), which had recently we can return both plaques to where heroes, who – through the calming law rules, the individual who purchases begun contracting musicians via an they were meant to be: at Local 802.

October 2013 | Allegro 31