[Dixielandjazz] Re: Unwritten Rules/Mr. Gunter's Obstinacy

Bill Gunter jazzboard@hotmail.com
Thu, 12 Sep 2002 20:26:29 +0000


Yo! Bob Williams,

Call me a "Scoundrel" (Don't you go flag-waving around me, ye scoundrel) 
will you! Hey! I got your "scroundrel" right here!

>Don't you go flag-waving around me, ye scoundrel.

My discussion of rights under the constitution is "flag-waving"? Give me a 
break!

>The point is, I believe it [handing out a business card] *is* illegal - a 
>violation of agency law.
>
>From http://www.law.cornell.edu/topics/agency.html:
>
>agency: an overview
>Agency law is concerned with any "principal"-"agent" relationship; a
>relationship in which one person has legal authority to act for another.
>Such relationships arise from explicit appointment, or by implication. The
>relationships generally associated with agency law include guardian-ward,
>executor or administrator-decedent, and employer-employee.
>
>The law of agency is based on the Latin maxim "Qui facit per alium, facit
>per se," which means "he who acts through another is deemed in law to do it
>himself." Agency, in its legal sense, nearly always relates to commercial 
>or
>contractual dealings.

Rubbish! This in no way prohibits a person from handing out a business card.

When I asked how my handing out my card could be considered illegal yhou 
responded:

>You're interfering with your "employer's" freedom to make a living, if you
>want to take it down to that level.

Au Contraire - he's already got the gig. Remember . . . you're a sideman at 
the gig and he's "making his living." Since this is a casual and not a 
permanent gig he has no right to claim you're interfering with his right to 
make a living. It is much more arguable that his denying you the right to 
hand out your card is interfering with your right to earn make a living.

When I asked you to cite a law among the many you claimed existed you 
replied:

>I have neither the facility, nor the time.

Hah! You can make a charge that something it true and when challenged to 
prove it you can't or won't. Bah! Coward!  (I'm kidding, Bob, I really love 
you, man).

I had to laugh at this one:

>- I'm supposed to be contributing to your social security, pops! ;-)

I thought I had already done that during all those years I was gainfully 
employed.

>Perhaps someone can help me with this.  Aren't you a
>lawyer, Mr. Barbone?

I'd love to see a lawyer go on record claiming it's illegal for me to hand 
out my business card.  Hah! On the other hand, it's also my understanding 
that lawyers are liable to say just about anything.

And for you to even suggest that I'm another "Ernie Carson" (dignified or 
otherwise) is fightin' words, dude - Washboards at 10 paces! At dawn!

Respectfully submitted,

Bill "No Ernie Carson" Gunter
jazzboard@hotmail

ps. I think you also said:

I believe you to be rousing rabble, sir.

That's what King George said about the American revolutionaries back in the 
late 1700s!









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