Section 4966 of the Revised Statutes covers that ground already, and provides that copyright may cover the performance of dramatic work. But I hold, and I hold without the slightest hesitation, that that whole section 4966 is unconstitutional. No court has ever held it to be constitutional, and any attempt on the part of Congress to grant a copyright to enable a man to monopolize the rendering of a play on the stage is preposterous. The fathers who went to Philadelphia in 1787 had more weighty business on hand than to give to playwrights an added grip on the monopoly of their productions in addition to the common-law grip that they already had. At that time and now the author of a play is abundantly protected under the common law, but Congress in 1870 provided an additional grip for the playwright under the copyright statute, in face and eyes of the fact that the Constitution under which they were acting was confined to writings. But if I do not remember wrongly (and I think the gentleman from North Carolina will agree with my recollection) about 1870 Congress did several things that could not be fully vindicated under the Constitution. Mr. WEBB. Yes. The CHAIRMAN. Mr. Walker, have you in mind the exact language of the Constitution? Mr. WALKER. Certainly. The CHAIRMAN. Will you not put it on the record at this point? Mr. WALKER. "Congress shall have power to promote the progress of science and the useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." "F. To publicly perform a copyrighted musical work, or any part thereof." Now, is Mr. Sousa present? If not, I see Mr. Victor Herbert here, and I would like to ask Mr. Victor Herbert whether, during the last few years, he has with his orchestra performed copyrighted music of other composers, of which copyrighted music he purchased and had the sheets there for the performance? Mr. HERBERT. With their permission. Mr. WALKER. Did you get any other permission than the purchase of the sheets? Mr. HERBERT. That is included. Mr. WALKER. Did you get any special permission to perform? Mr. HERBERT. The permission is written on the sheet. Mr. WALKER. What is written on the sheet? Mr. HERBERT. Permission for performance. Mr. WALKER. It is on the sheet, is it? Mr. HERBERT. Yes. Mr. WALKER. In all cases? Mr. HERBERT. That is, on the corner of the sheets--"permission to perform." Mr. WALKER. Very well, if in his case it is there. But this is the situation of the law at the present time: If one of you gentlemen goes to church and joins in the singing of a hymn that is the subject of a copyright, you are liable to a penalty of $100 for the first time you join in that singing, and a penalty of $50 for every subsequent time, unless you yourself bought that particular hymn book at first hand from the publisher. That is the law now. Mr. SULZER. Suppose the church bought it?