New York Clipper (Feb 1923)

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1 TjBE^NEW Yp tHK R^G BERLIN DEFENDANT IN SONG INFRINGEMENT SUIT Joe MhtendiaJ, Inc., in Suit Against Writer and Music Company Bearing His Name Alleges That 'IVIusic Box Revue" Song, 'Tack Up Your Sins," Bearing Berlin Name^ Infringes on "I Love Sweet Angeline" IrvinK Berlin and Irving Berlin, Inc., are and perpetually from handling "Pack Up made defendants in an Infringement and Your Sins, etc.", in any way such as injunction action filed last Fnday in the printing, selling, reproducing it mechanical- United States District Court by Joe Mit- ly. An accounting is asked for of all copies tenthal, Inc- on the groufid that the song, sold of the song and the royalties received "Pack Up Your Sins and Go to the Devil," from phonograph records and other me- of. the "Music Box Revue," is similar to chanical revenues, in fact all profits that the Mitteothal coiDposition, "I hove Sweet might have accrued from the song in any Angelme," written by Creamer and Lay- way. Also die court is asked to make the ton for the "Strut Miss Lizzie" colored re- Berlin concern deliver all printing plates vue which opened at the 'National Winter and copies of the song containing the in- Garden on June 3, 19Z2. 'The new "Music fringement to the Mittentbal organization. Box Revue" opened in'October,'1922/and Tx is' understood that affidavits substan- Irvmg Berlin is credited dd'{he title fia^ tiating the allegations of Joe Mittenthal are with' hiving wtitten 'thie''lytic' and tnusic in'the hiltds of Nathan Burkan, the Mit- of the song alleged'to be an infHnganieiDt. ' tenth'aT: counsel: These are to the effect' In'tfat-complaint filed through Attorney that'Joe Mittenthal,' Inc.', took the song Natfian BarkanJ Jce'MItteaUutl, 'president Love Sweet' Angeline" from Creamer of' Joe -Mittentialr'^Inc:, sets' foirtfa that and Layton on June 1st, 1922, or about prior to July 11. 19(22, he-took from Henry i that time, with a thirty-day option on it. Cteaoier and Turner'Layton,'Writers'-of The agreement was that professional copies" the 'words and music 'respectively,' of' a at least, were to be printed of the song be- song- entitled "I Love '- Sweet Angeline^" fore the expiration of the thirty-day mnit, and on-Jnly 26th, received his copyright etc, if Mittenthal wanted the song. On' certificate 'from Washin^toii. signed by July 1st, the affidavit reads. Creamer and Thorvald Solbenr, certifying that the song Layton came to. the Mittenthal offices and had been'duly registered, eta ' - • - wanted to know if the agreement had been SubsequentlT the Mittenthal organiza-- carried out. If they weren't carried out, tion " expended a considerable amount of the writers said they wanted the song back money in exploiting^ the song and bad it because they could place it with Irving performed pnblidy in theatres and other Berlin, Iiic, and receive a large advance in places of amusement, including the show royalties for the song was wanted there. "Strut Miss Lizzie," it is alleged. The AiioUier affidavit said to be ready for song/ according to the complaint, had ac- exhibition in the court was an expert opin- quired popularity and was showing up well ion from one of the foremost composers in as a possible hit. the United States who gives a3 hu expert The complaint further -states: "Smce testimony that the two compositions in October Ilth, 1922, the defendants having question are exactly alike as to the chorus, full knowledge of the ptaintiS's composi- in melody, rhythm, and metre, tion 'I I.enre Sweet Angeline,' pnblished Francis' Gilbert, the attorney for Irving the son^ 'Pack Your Sins and Go to Berlin, Iiic.,_ ami Irving Berlin, has the Denl,' which is taken and'copied from twenty days in which to file an answer to the pIainti£Ps said musical composition *I - the papers served last Saturday. It is Love Sweet Angeline.'" Large profits are understood that part of the Berlin said to have been realized from the song, answer will be that he played some of the according to the complaint, from the ntun- music intended for the "Music Box Revue." ber being reproduced on- practically all of induding the "Pack Up Your Sins" song the medbanicals. as well as sheet music to several well known - people who were sold, and therefore great damage and in- . present at his home in February, 1922. jun has been done uw plaintifTs business. A proposition to arbitrate the matter is Cbndnding the complaint, the plaintiff said to have been made but this came to asks that the defendants be restrained and nothing and then Berlin's attorney accepted enjoined during the pendency of the action, service of the papers. DALE HEARING ON FRIDAY A warrant based oo statements made by Miss Ada Gladys Powell, of Engbnd, is responsible for the summoning of James Dale, an English actor appearing in "Loy- alties" at the Gaiety Theatre, before the Commissioaer of Immigration on Ellis Island on Friday morning, for a continued hearing bn .deportatioa proceeding. Miss PowdV arrived here in December and was held at Ellis Island at the request of her mother and later deported. A story she told the authorities at die time involved D^le. She also spoke at the time of her friendship with a woman member of the cast of "Loyalties." Dale will be the second English actor to' face deportation proceedings at Ellis Island in. six months. The other one was Pit Somerset, whole affairs with Edith Day were the cause of hb being summoned. Somerset's case has not been acted on yet. SUES HENRY MXIE. .JR. Henry E. Dixie, Jr., is being sued in the Third District Municipal Court by 'Vivian C Smith,, of 319 West S7th street, for the sum of $500 for breach of contract According to Edward Ginsburg, of 1540 - Broadway, attorney for Miss Smith, his dient advanced about $500 to Dixie wiA wfakfa money he was to produce a vaude- vi!te act. This was a year , ago, but the tc-ms of the agreement were not fulfilled, it is alleged. OUT OF TOWN AOS FOR B'WAY SHOWS That the Shubects arc attempting to es- tablish the Winter Garden with the out of town folk and compete with the Hippo- drome for this transient patronage is gleaned from an advertising campaign they have just launched in behalf of the current Winter Garden extravaganza, "The Danc- ing Girl." Newspapers throughout New England and reaching as far as Boston car- ried in their weekly edition last week a Pfty line advertisement advertising the 'Winter Garden and its show. AGENTS ASSN. ELECTS OFHCERS The Theatrical Agents and Representa- tives Assodation, which is composed of men who book clubs, cabarets and dance halls, held their election last week. William Roehm, of Roehm & Richards, was elected president; Joseph B. Franklin, vice-presi- dent; Harry Walker, treasurer, and Ellis Aiitkcs, secretary. The purpose of the organization is to protect the mutual in- terest of its members and to facilitate the collection of commission.<! from acts and bands they book. "BARNUM" TIRES AGAIN Louis Werba made another try with his production of'Bamum Was Right," when it opened at the Majestic Theatre. Buffalo, on Monday night f^L;IPP;E R; "TAKE A CHANCET' aX>SES "Take a Qianie," the PhilUps-Orlob musical comedy which opened out of town two weeks ago, dosed in Springfield last Saturday night. The company will be brought to New York and disbanded pend- ing revision of the piece and several neces- sary changes in the cast While the man- agement are sanguine over the chances of the piece, several members of the ccsnpany do not concur in the opinion and have al- ready made other plans. Sybilla Bowhan, who was featured dancer of the piece, is to step into George Lederer's musical comedy, "Peaches," joining the company in Phila- ddphia this week. KINGSTON GOING TO ENGLAND Samuel Kingston, general manager for Florenz Ziegfeld, Jr., will sail for Eng- land on the Majestic on Saturday. Kings- ton will remain abroad for four weeks and during that time will attend to Zieg- feld's affairs in Europe. Several of the Ziegfdd novelties are being used by Eng- lish producers and Kingston will take up the matter of royalties for their use. He will also complete arrangements for the appearance of Billie Burke in "Rose Briar" at the St. James Theatre in May, whence she .^oes after closing her season at the Empire Theatre in the.play. NEW NAME FOR "DESERT SANDS" Wilson Collison has Changed the title of his' play, "Desert Sands," in which he starred his wife, Anzonette Lloyd," at the Princess Theatre two years ago,, for a brief period to "The Sheik's Love'" and under its new title the play has been re- leased for stock with the stock companies making a heavy call for it. The .Srst of the companies in the New York territory to play it will be the Blaney Players at the Gotham Theatre, Brooklyn, the week of February 12. STOCK PLA'YERS RETURN Manchester, N. H., Feb. 5.—Belle Cairns, leading lady, and Marion White, ingenue, who nave been missing from the ranks of the Park Players this season, after having been members of the company for two years, returned this week and ap- peared in "East Side, West Side" at the Park theatre. Both of the women were members of the original stock company when the Park Players made their debut here three years ago. NEW P. M. A. MEMBERS Frank Kintzing and Perry Kelly have been dected to membership in the Pro- ducing Managers' Association during the past week. Nlr. Kintzing is located in New York with offices in the Belmont Theatre building, while Mr. Kelly is located in Los Angeles and is interested in "Red BulMog," the new Willard Mack play which recently was brought out at the Mason Opera House in Los Angdes. VAN FOR ANDERSON SHOW Billy 'Van, of the vaudeville act of Van and Carbett now on the Keith time, will head the cast of the new musical comedy which John Murry .\nderson is to present next month at the Globe Theatre. James J. Corbett, who has been 'Van's partner for' the past three years, does not go into the show, and this splits the act which has played almost continually since it was formed. CHECKS FOR CHORUS The chorus branch of the Actor's Equity .A.sscciation is holding checks for Ann Smith. Charles Murray Blackwood, Larry Lawrence, Salome Qark, Royal S. Trott, Margaret Riycc Collignon, Gertrude Mc- Gusliion. Dudd McGushion, James T. Sar- gcn*. and Phyllis Hooper. 'Those mentioned nre requested to get in touch with the office as soon as possible. "DRIVEN" FOR CRITERION "Driven" a new Universal super-feature production will succeed "Poor Men's Wives" at the Criterion Theatre next Sun- day. The Universal have taken over the Criterion for a four week period. February-7,: 1923: FpUR OPENINGS IN BOSTON Boston, Feb. .5.-r-Four premieres,- com- prising an operetta, a musical comiedy, a comedy with music and a revue, provided a lively evening for. the first nighters here. Ed Wynn b^n a limited engagement in "The Perfect Fool" at the Colonial and at- tracted a large and enthusiastic audience who delighted in the down antics of the star and applauded the many comedy scenes and attractive stage jrictures that has been incorporated in this delightful girl-and- music show. "Naughty Diana," the musical comedy version of "Lonely Wives," produced by A. H. Woods, was warmly welcomed by another first night assemblage at the Shu- bert while Irene Bordoni in "The French Doll" ushered in a limited engagement at the Tremont. "Blossom Time," which came to the_ Shubert Opera House, was the other premiere of the evening. "The Bat," which has already played for twenty-two weeks at the Wilbur, has entered lipon the final fortnight of its run. "Ligfatnin" continues to attract them to the Hollis. "Just Married" has entered upon its fourth week at the Shiihert- Plymouth. MARRIED ON STAGE ; . Philadelphia, Feb. 5.—Horace Ruwe, tenor in "Blossom Time," and Miss Jeati Jules, one of 'the dancers in the company, were married at the Lyric theatre here last Wednesday night, after the close of their evening performance. The Episcopalian wedding service was peiTonned by the Rev. Dr. Floyd W. Tompkins and the Rev. T. W. Davis. Yvan Servais acted as best man, Bertram Peacock-gave the bride away and Miss Ann Milbum, Miss Marion Bar- ton and Miss Peggy Driscoll acted as bridesmaids. The couple first met when Miss Jules joined the company here. The ceremony was held on the stage after the performance and the house orchestra played the wedding march and music from the play during the ceremony. THE CUPPER'S NEW VOLUME With the Clipper issue of January 31, this newspaper completed its seventieth volume and February 7 marks the appear- ance of the first issue in Vol. 71. The 70th anniversary of the first num- ber which appeared in April, 1853, will be celebrated , by a special issue in April of this year. "OH HAROLD" MUSICAL FARCE "Oh, Harold," a three-act musical farce by Bernard Grossman, will be shortly placed in rehearsal by Sanger and Jordan. It is said this firm will produce the play on its own, instead of turning it over to the Shuberts, which they have done with. pla}rs in the past. "HUMMING BIRD" BENEFIT Maude-Fulton will give a spedal mid- night performance of "The Humming Bird" at the Ritz theatre on Thursday evening, February 15, . the proceeds of which will go to the Herkscher Founda- tion and will be utilized to provide dothing for poor kiddies. READING STOCK SCORES Reading, Pa., Feb. 5.—Having elnni- nated road show, Wilmer and Vincent have installed the Orpheum Players at their Orpheum theatre here, and a company has been playing to big business since it started last month. This week they are presentine: "Scandal." CUT RATE OFFICES {Continued from pa^e 3) stuck for a considerable number of seats on Monday for they beran dumping for some of the attractions. There were plenty of seats for "The Merchant of Venice," "The Masked Woman," "The Seventh Heaven," "The Old Soak," and several other attractions on hand. "A Square Peg"- at the Punch and Judy also found it neces- sary to dispose of its box office surplus that evening to the cut-rate counter.