NAB reports (Jan-Dec 1948)

case. When it arrived, he read into the record the newspaper story of Soprano Helen Jepson’s barring from all Sarasota, Fla., auditoriums, and her subse¬ quent offer to sing in a circus tent, using a lion’s cage as a dressing room. Rep. Gwinn asked : “Why can’t other musicians defy Petrillo like that? Are they so fearful that they won’t stand up for their rights?” The network executives explained jointly that Miss Jepson is not an AFM member. Rep. Thomas L. Owens (R-Ill.) asked a blunt ques¬ tion. “Why don’t you defy Petrillo and duplicate net¬ work programs on FM anyway? The law will protect you.” Legal Clearance. Mr. Mullen answered by saying that legal counsel had advised against it. “We can’t get legal clearance,” he said. Mr. Ream said that “lawyers tell us we don’t have the legal right to duplicate. It might cost us twice what we’re already spending on musicians.” “Well, always take a lawyer’s advice,” Rep. Owens said. “I might tell you,” interposed Chairman Hartley, laughing, “that Congressman Owens is a lawyer.” Rep. Carroll D. Kearns (R-Penn. ) asked the network representatives about their objectives. “What the in¬ dustry is really after is a contract with Mr. Petrillo, isn’t it?” he inquired. The network executives agreed that it was. “And you’d rather have that contract than the legis¬ lation recommended by the sub-committee’s Interim Report?” asked Rep. Kearns. “Not necessarily,” replied Mr. Mullen. “We don’t want any contract that’s against the public interest. We won’t enter into such a contract.” (Note: The Interim Report of the Sub-Committee, of which Rep. Kearns was chairman, recommended drastic measures to curb Petrillo' s power. See Reports, 19^7, p. 1015.) Rep. Kearns asked: “Then you’d be willing to gamble on duplicating for FM, if it weren’t for the fact that negotiations with Petrillo are in progress?” “No,” replied Mr. Mullen. “The contracts won’t let us do it. Both sides were aware of FM when the con¬ tracts were made, even though the contracts ai’e silent on it. I think our lawyers are right in advising against gambling on duplication. Talks Continue. The hearing was recessed on Tues¬ day, and during that day the AFM president con¬ tinued talks with network representatives in Wash¬ ington. Chairman Hartley called the hearing to order at 10 o’clock on Wednesday morning for the Petrillo questioning. High points were; Petrillo’s statement that he felt optimistic about settlement with networks on all questions. T[ The AFM leader’s assurance that the union “wants American musicians to make records, and knows that the American people want music.” His I'esponse to questions on technological progress that “nobody is big enough to stop progress.” % Petrillo’s offer to conduct a referendum of the AFM to determine whether musicians back his stand or not, and Chairman Hartley’s quick acceptance of Advance “Freedom Train" Schedule The “Freedom Train” today has an open date at Oklahoma City, Okla. Following is the schedule of the train for the week of February 16: Monday (16) — Open date, Santa Fe, N. M. Tuesday (17) — Albuquerque, N. M. Wednesday (18) — Douglas, Ariz. Thursday (19) — Tucson, Ariz. Friday (20) — Phoenix, Ariz. Saturday (21) — Yuma, Ariz. Sunday (22) — San Diego, Calif. the offer, if limited to musicians actually making records. T The suggestion that records could be made for home consumption only, leaving the AFM to “fight it out” on the issue of commercial use of recordings and transcriptions. Chairman Hartley opened the interrogation of the union head with a blunt reference to the recent ac¬ quittal of Petrillo in Chicago by a Federal court on charges of Lea Act violation. Intent of Congress. “I would like to compliment you,” he said in a voice tinged with irony, “on your success in avoiding the intent of Congress before the courts of the nation. I am not concerned about the case itself, but I am deeply concerned about the failure of the Depai’tment of Justice to prepare a good case. I believe you guilty.” The chairman proceeded to ask Petrillo about Eng¬ lish recordings being rushed into the United States to take advantage of the cessation of American recording. “That’s a sad condition, of course,” said Petrillo. “But the average pay of a musician making records in this country is only about $400 a year. It’s the poorest class of business a musician has.” Here the AFM president referred to the musicians the AFM maintains have lost their jobs under the Lea and Taft-Hartley Acts, and I’epeated his statement that “we tvant American musicians to make records, and we know the American people want music.” Rep. Landis asked Petrillo v.'hy he would not allow music on FM and television. The AFM president replied with a summary of the history of musicians displaced by sound motion pictures. Not on Paper. “The television people told us,” he said, “that they wouldn’t need musicians for three or four years to come. We won’t make music for tele¬ vision until we have some guarantee that we won’t lose employment by it. The broadcasters told me yesterday at the Statler that television will give more employ¬ ment to musicians, but they won’t put it on paper, in writing.” Rep. Landis’ next question about technological prog¬ ress drew Petrillo’s answer that “nobody is big enough to stop progress.” (Continued on next page) JANUARY 26, 1948-67