New York Clipper (Jun 1923)

18 THE NEW YORK CLIPPER June 27, 1923 BREAK IN COMPOSERS' SOCIETY MAY FOLLOW SHOW BROADCASTING "Vanities of 1923," New Earl CairoU Revue To Be Released Over Unlicensed Radio Station—Carroll, Although Member of Society Forbidding Free Broad- casting, Will Release Show Although the members of the American Society of Composers, Authors and Pub- lishers have apparmtly stood solidly be- hind it in its differences with the various radi6 broadcasting stations, a break in the ranks by both publisher (ind composer will take place on Monday .night unless Earl Carroll is induced to refrain from broad- casting his new show, "Canities of 1923," through Station WjZ, located in the Aeolian building on West 42nd street, and operated by the Radio Corporation of America, which is not licensed by the A. S. a A. & P. Earl Carroll, who has long been a mem- ber of the society, has definitely decided to broadcast his new play either in whole or in part next Monday evening, despite the fact that a member of the A. S. C. A. & P. antomatically assigns all snch rights to the Society of Composers. It is his contention that he wrote the lyrics and music of the show, "Vanities of 1923," and supposes that .he may broadcast them or not. just as he sees Et To this end he has reserved the radio rights to his play when he sold the publishing rights of the score, to Waterson, Berlin & Snyder, Inc. The attitude of the above mentioned music house toward the society appears to be indifferent in regard to die broad- casting of songs without a license fee being paid hjr the radio.station to the so- ciety, and this is similar to that of one or two other large publishing . concerns. Walter Douglass, general manager of Waterson. Berlin & Snyder, Inc., said that Earl Carroll insisted that the radio rights be invested in himself, and as their busi- ness was first to publish the score, and worry about radio afterwartL they let Mr. Carroll reserve the rights he asked for. Insofar as the dash with the policy of the society was concerned, he said that as far as he knew there had never been any showdown in such a particular case as the publisher letting a composer retain the radio rights to a song. When informed that Carroll was going to broadcast hb play through a non-license station, officials of the A. S. C A. & P. said that Carroll was a member of their society and that they did not think he' would do anything detrimental to the wel- fare of that organization. That if he in- sisted in broadcasting his show they would not stand in his way if he thought it would help him, but they did not see how it would benefit him. If possible, they said, Carroll would be induced to radio his play through a licensed station. That a publishing house deliberately let the com- poser retain the- radio rights to his com- position was a surprise to them. On Monday night Carroll said that he joined the society before radio become- popular, and that just now he had the welfare of his l)lay at heart. Considerable money was invested in the piece and he said he certainly had the right to put it over, and the radio he believed would help him. Therefore, at all costs, he will broad- cast at least the first act of "Vanities of 1923". next Monday evening. If they tried to stop- him from doing this with his own show he would probaAily rename the show "Earl Carroll's Troubles, or Drawbacks of 1923." AMERICAN AND FRENCH SOCIETIES The Ainericau Society _of Composers, Authors and Publishers is holding a meeting this week of the board of gov- ernors to consider the matter of an amlia- tioa witb the French society whereby the American and French'; catalogues would be interdianged. Roger Salabert, head of the foreign authors, composers and pub- lishers organization is' now in this coun- try and the affiliation °is one of the main reasons for coming over. Hie American society is now .afiSliated with several European organizations, including that of England and Italy. HERBERT SONG NOW IN 'TOLUES" Victor Herbert's hit song, "A Kiss in the Dark," from the musical comedy, "Orange Blossoms," Edward Roycc's first musical production which ran for a num- ber of weeks at the Fulton, last year, is beard again in a new jnroduction. Klorenz Ziegfeld, Jr., put the number in the new edition of the "Follies" at the New Amsterd'j;i. where it was sung on Monday night. ROBBINS^ IN ATLANTIC CITY Jack Robbins, of Ridnnond-Robbins, Inc., left Monday for a ten-day stay in Atlantic Gty, where he -will pcr.>ionally supervise the exploitation of one of his new numbers, "The March of the MamJans." IRA SCHUSTER HAS A SON A six-ponnd boy arrived at the home of Mr. and Mrs. Ira Schuster last week. Schuster is a songwriter on the Feist staff. "MUSIC TAX" IN CONVENTION William Brant, newly elected president of the Motion Picture Theatre Owners' organization of this state assured J. C. Rosenthal, of the American Society of Composers. Authors and Publishers, who attended the movie men's convention at Syracuse last week, that the "music tax" question would be one of the very first matters taken up by the board of directors when they meet in the near future. A conference will then be arranged and agreement reached whereby there will be a better understanding between the ex- hibitors and the sodcty in its efforts to collect a performing rights' license fee. FOWLER WITHDRAWS SONG Lcm Fowler, has withdrawn his song entitled "He May Be Your Man Friday, But He's Mine On Saturday NighC be- ing that the title was similar to the song recently released by Harms, Inc, to the Kay-Stem Music Company. Willie Rasldn and Macco Pinkard are the writers of the song now being put out by Kay-Stem and Lem Fowler will get a cut on their number. NEW FIRM GETS SHOW .-Mthouph in business less than a year, Ager. Yellcn & Bomstein, Inc., will pub- lish its first show shortly, having obtamed the rights to the score of the new Ted Lewis show being produced by Arthnr Pearson, with many well-known acts in the cast, in addition to Lewis. Jack Yel- len and Milton Ager, of the above men- tioned- concern- are doing the lyrics and music of the piece, the tentative title of which is -"Ted Lewis' Frolics." BUSINESS BOOK FOR DEALERS The Trade Seirice Bureau, of the Music Industries Chamber of Commerce, has ready the book on "Accounting for Retail Music Stores," which was recently completed, and samples of which <were shown at the music men's convention in Chicago two weeks ago. The edition is limited and will sell for $3 to non-mem- bers and a dollar cheaper to members of the Oiamber of Conunerce. Deliveries -will be made about July 1 or later. In the book examples are given of a typical Music Store Balance Sheet, state- ment of assets and liabilities, statement of profits, statement of operations, methods of entering daily transactions, proving entries, trial balance and various other examples. Archie M. Peisch, certified public ac- countant of Hanover, N. H., and in- -structor in accounting at the Amos Tuck •School of Administration and Finance, Dartmouth College, compiled and wrote the book, -which is the result of suggestion made two years ago by the Muac In- dustries Oiamber of Commerce -to several universities and business schools, calling attention to the need of the retail music business of a standard accounting system. COMPOSERS WIFE SUES Sigmund Romberg, well-known composer of musical comedy scores, was sued last week in the Supreme Court by his wife for a separation on the ground of abandon- ment Mrs. Romberg, in her complaint, set forth that she married the composer in 1908 and that they have no children. On March 23, last, she says, he deserted her without cause. Since that time, Mrs. Rom- berg further complains, her husband has failed to support her as in the past, and she is out of funds. Mr. Romberg earns about $50,000 in royalties yearly from his music, according to the complaint filed by his wife. HARMS PUBLISHES "SCANDALS" . Harms, Inc., is publishing the score of "George White's Scandals of 1923," lyrics by Bud de Sylva and music by George Gershwin. "The Life of a Rose," is picked by Otto Jordan, general manager of Harms, Inc, as the hit number of the show. MT. VERNON HAS PUBLISHING CO. Martin (Bobby) Bums, well-known business man who resides in Mt. Vernon, has entered the music publishing field with a song of his own entitled, "t Don't, Do You" a fo.x-trot novelty. The publishing firm is located in the above mentioned town. THE CHAMP LONG TITLE Cm Conrad and Billy Rose have written a new fox-trot ballad entitled "Somebody Else Took You Out of My Arms, But They Can't Take You Out of My Heart" This is about the longest song title on record. ANOTHER TRICK NOVELTY SONG Among the flock of trick novelties in the popular song line. Max Silver and William Jerome have a contribution. The title is "Don't Raise Your Umbrella in Here." Maurice Abrahams may publish it SCHLOEMAN WITH HSHER Harvey Schloeman, formerly with Irving Berlin, Inc., is now connected in the pro- fessional department of Fred Fisher, Inc., filling- !n in place of members of the staff who are on vacation. BORNSTEIN BACK FROM EUROPE Saul Bomsteinu, of Irving Berlin, Inc., stepped off the Olympic this (Wednesday) morning after a nine wedcs' tour of Eng- land and the continent. MAXWELL BAXK IN AMERICA -George Maxwell, president of the Amer- ican Society of -Composers, Authors and Publishers, who is charged with having written "poison letters" to Allan A. Ryan, surrendered Monday afternoon to District Attorney Banton upon his arrival in the city from Europe. He was accompanied by his counsel, Nathan Burkan, and said that he had returned from abroad by way of Quebec and the railroad. District Attorney Banton took Maxwell before Judge Morris Koenig in his cham- bers, who. held him in $5,000 bail for a hearing -later in the wedc > Mr. Maxwell refused to talk at first, but a- statement was handed out at bis offices later in the day. While in the District At- torney's rooms, his counsel said that his client had never said anything derogatory of Mr. Ryan, although Ryan had said many such things of him. He said that MaxweU knew Ryan socially. Well groomed, calin and debonair, Max- well chatted with reporters while waiting for Judge Koenig. He denied all of the accusations against him and later incor- porated the same talk in his statement Nathan Burkan said for him: "Mr. Maxwell had nothing to hide. He has returned voluntarily and has never in his life done anything to blush with shame. He has never resorted to the sensational or spectacular, nor has he ever hidden in the cyclone cellar of anonymity." The statement given out by Mr. Max- well is in part as follows: "The charges against me are viciously false and I am absolutely innocent of them. "I haVe returned voluntarily without re- quest, not only to vindicate myself but to unearth and bring to justice the guilty par- ties who have made my life miserable and who have tortured me and my friends dur- ing the past six years virith these scurrilous epistles. "Those who know me well will readily admit that I am frank, plain and out- spoken, and if I have occasion to condemn or criticise another I do not hide behind masked letters. "I deeply resent the dastardly and cow- ardly attacks that have been made ;igainst me, and the feeding daily to the public press of a highly sensational and extraor- dinary spectacular accusations, innuendoes and insinuations of and concerning me. These were unfounded fabrications, made recklessly and wilfully, in bad faith, with- out any attempt previously to investigate or_ corroborate them; all with a view to bringing disgrace and "aiscredit upon me -and to serve the wicked ends and ulterior purposes of others. "1 have not yet had an opportunity to be hc<--d nor to explain or clear away the fictions which have been conjured up against me and made the basis of the charges. "When I sailed abroad there were no charges pending; otherwise I would not have left these shores. "Until the indictment was actually found I was unaware of any accusation against me. 'That the charges are ridiculous, is proven by the letters themselves. The>' show that I was the principal object of the fiendish and venomous attacks—all with a view and for the sole purpose of ostracis- ing me socially and iit a business way. "Thirty years of a very active business life, full of important responsibilities, ought to be some proof of my sanity. "I frrieve beyond measure for those of my friends who have so. innocently been drawn into this scandal, and who have been subjected to such disagreeable and ex- tremely unpleasant notoriety." KENDIS SQNG GOING WELL "Whoop La!" is the gang song, the chorus of which readily lends itself to being sung by an audience, when properly started by any singer. The soncr, which is published by the Kendis & Brockman Music Company, Inc., is being taken on by many prominent vocalists.