Variety (Dec 1946)

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Wc«1nc9tlay, December 4, 1946 ORCHESTUAS-MUSIC 89 libel Suit Redoubled 'Commy Cries Mark Eve of N. YJ02s Balloting Cries <J£ "red" and "Communist/'^^ etc tossed irecly the past few weeks bv the three major factions fighting for 23 offices on the eve of tomor- row's ^Thursday's), New York Local 802 election has resulted in filing of a $5,000 libel suit against six Unity candidates. Suit instituted by V>a\Q Freed and Jim CoUis of the Indc- , neiident Committee, charges defend- ants with allegedly distributing ,a phony leaflet said to conlaih "lieg'. ^nd slander" in its. entii;ety; Thosfe sued include Joe Le Mair, Al Manuti, Jerry Serly, Bill Van, Austin Mat- thews an* Fori Hal my. Handbill was said to have grown out of .an "expose" of A\ Manuti printed in the Nov. 7 is.'iue of "The Independent," organ of the Inde- pendent Committee. Author of the "expose" was Jerry Dc Simoiie, who, according to "The Independent," de- nies he ever saw the leaflet which bore hi.-! misspelled pame and was reportedly circulated by Unity mem- bers. He further denounced, it: in a UDtarizieid statement. As pointed out in last weeli"s Va- riety, the pre-elecljon campaign is being clouded by screams of ''ConiT munism" emanating from the rival damps. Supporters of the Blue tipket have labeled the Independent-Coali- tibli ticlcet as "Communist-tinted'' .■while followers of the Independent slats have tossed off a, few twits of thsir own. Meanwhile, those who have made a close study of 802 elections expect the Blue ticket, which has controlled 802 for the past 12 years, to retain most of its offices. It's felt that this jear again there are too many candi- dates running against the incumbent .party, which will tend to. split the anti-Blue vote sufficiently to allow the latter to get back in; however, they do see in Harry Suber a threat to the Blue's Richard McCann for Series of Albums By Whiteman for Signature Woodmansee Out As Capitol Ad Manager Hollywood, Dec. 3. Shakeup at Capitol Records Goast office moves H, W. Woodmansee from his ad manager post and brings in the Dunn-Fenwick agency to handle all creative and copy-writing work for plattery's ads, with George Oliver remaining as overseer of ads and sales, promption. Dave: Dexter remains as -publicity I chief. Two copywriters and two Wood-1 ASCAP Prepares to Act on Fees From Diskboxes in Non-Admish Spots Paul whiteman has sighed to' cut a'sories of albums for the Signature label, indie outfit' which markets artists .were .let put with .all of its stuff througli Genera}.Elec- mansee. : ?.,...■■>..;> :.■, trie outlets. Whiteman, leading the ' ' -.--^j— ■ — :American Broaclcasting , Co.'s long- hair outfit, will do, first, a book of "Rhapsody In Blue'' sides, to be made in New York starting Dec. 15. All other Signature disks by him, it's understood,' will be Gershwin .works. Whiteman's deal with Signature is on 3 non-exclusive basis. In a'd- ditioh to the "Rhapsody" series, he is expected to do .at least two more albums during 1947. Heretofore, Whiteman had been connected with Capitol Record.s^ Herman Herd Crosses Fingers on Shifted Date Bank Quits Cosmo, Sets New Label Sidemen Co-op On Band Slices Howard Press . had Dafthy; Kaye - .to top a. Christmas:!beheflt-fund show.. , ! Since the charity affair was being Hairy Bank, ^ who launched Cos- P"* o« '"^ the; Civic- AuSitofium'S mapolitan Records some time ago, is "jain hall, Herman's bookers de- cided the competition .would be too 4 Amei-ican Society of Composers, Authors and Publishers, which was cehs.ui'ed along with the U. S. Gov- ernment during the recent convent tio.n an Washington of the- Ihterria* tionai Confederation of Authors and - Clevelahd, .Dec: 3, Publishers Societiesi for failure to -Lasl-minute shift in booking dates ! collect performance fees from ,disk- £or his jazz cOhcert here has virtu- boxes, is.preparing tp d<' something ; ally thrown Woody; Herman's or- about the problem. ASCAP heads, chestra into the. soup, as far as ad- goaded by the Convention's blast, vaiice ticket sales are concerned. which; for obvious reasons, was di- Herraan had been dated for Civic Ne<^*^<l at the aovernment. for not. Aud Music Hall, Nov. 23, but it was Pr.otectin-g those rights, rather than discoveijed only a: week before that at ASCAP, the.-convention hpsl,; are that was . the' night the Scripps- i lining up filans to tackle the h.6w going ahead with plans to establish ' terrific. A large percentage of the ^ musi cians involved in the pperation of | disk ideas have not gone top far a new recprd label, to which theThey shi.ffed Herman's, concert to '•Cardinal" title will be jipplied. His Thanksgiving; night, -a lough day, differences with Harry Weiner and | the only other date left open on Rubin U.slnnder, brought into the , Music Hall's schedule. Move rieces- Cosmo picture awhile back in a ;sitafed so many other costly changes financial deal followed by the float- ' i« posters, billboards and advertis- ing of a stock issue, could not be \ ihg that it has given headache settled la.st week and Bank stepped > trouble to everybody, from confused out of the operation of the company, I ttieatrical editors to befuddled tick-, although he is. still a member of the j et-buyers^; ,If this ijiuch-kicked- bpard and retains his interest. ; arpund jazz concert breaks even, its Al the moment,-Bank's Cardinal : Pi-^'^'tf^ say they Will consider themselves lucky. top name bands, most of whom have been drawing large sums frem mae- stros'during the war and since, ap- parently are realizing the spot their bosses are in due to high operating costs, and are accepting salary cuts with little argument. Musicians, in bands under maestrps that . sp. far liave gpne about slicing operating costs by reducing salaries are coop- He asserts that a fair proportion of Cosmo artists and staff will joiji him in the new venture and .that disks will be pressed by other independent firms with enough capacity to han- dle outside work. In the meantime, Cosmo, gets deeper in trouble. •' Hal Mclntyre, who seceded from Gosmo months back because of money he was pwed, pr discharges due tp refusals, president. Suber* when a member ■ xhis is true, of course, only in the erating almost to the man, say tljese L j j„ ^ per-date basis r5y..^^!',..^!f'^"'*'°"Hhas complained to the American of the Blue (he bolted this year), drew the highest percentage pf votes of any Blue member m past elec- tions. Incidentally, it was just this abundance of candidates that did - (Continued on page 40) bands operated by Jimmy Dorsey, Gene Krupa and several others that are reducing salaries as they go along, rather than disband and reor- ganize later, as Les Brpwn is dping and TPinmy Dprsey prpbably wi-H do. Even in Brown's case, however, some of his former sidemen are re- turning at much lower figures, notably Butch Stone, sax-comic, and Jimmy Zito, lead trumpet. In Jimmy I Dprsey "s case all of his men, with I one exception, agreed to slashes, I labelled as temporary awaiting the I band's dates up to and including its Pennsylvania hotel, N.Y. and de- pendent on what happens during the interval of a sagging b.o. Morris, Sinatra In New Co. Pact After several weeks of ofl'-agnin- on-again talks by attorneys of both sides, the agreement by which Ed- win H. (Buddy) Morris' music pub- lishing combine will open a music firm for Frank Sinatra has finally been arrived at, and papers have been signed^ Certain details of the agreement as originally laid down, calling for Sinatra's two youngsters to own copyrights of songs to be placed in the new firm, have been changed, but ptherwise the accord is said to be substantially the same. Twice during the past week or two the deal was off and then on again. Finally, Sinatra and Mor- ris, and their attorneys, got together in New York, where the singer is , currently and Will be for another i strength for a two-day date this three weeks or so. and straightened week or similar charges will result, things out. Meanwhile, Lester Saclis. I Beneke was told by communique Tommy Dorsey Snarl Cues No. Car. Student Warning to Beneke University of North Carolina prpm committeemen, taking a les- .spn from their differences with Tommy Dorsey which ended up in a $20,000 breach of contract suit be- ing filed against the latter, last week warned the Tex Beneke-Glenn Miller orchestra to show up in full Federation of Musicians to collect spme $11,000 mere owed him. Harry Fpx, agent and trustee fpr music publishers in record royalty matters, is auditing the company's- books to determine what he's got coming. Who will head the Sinatra firm in N, Y., has had a desk at Morris' If. Y. offices for the past month. Sinatra's negotiations with the Barton Music Co., from which he Withdrew recently, for his portion of the firm's stock, remains status quo. When he first got into N. Y. a couple weeks ago, there was talk that Sinatra's 33 1/3 interest in the that the U. of North Carolina stu dents expected to dance to his strings and full complement Friclay and Saturday (6-7) and not to dump any musicians off on the way. Beneke's drawing $9,000 for the two days. - Meanwhile, Dorsey and his attor- neys Continue to fluff off the school's $20,000 suit, pointing out that all Mex. Musicians' Czar Slaps Back at AFM's Petrillo, Nixes Cugat Chicago, Dec. 3. Mexico also has a PetriUo who doe.'in't like his U. S. counterpart. Xavier Cugat got an invite to play at inauguration ceremonies of Mex- ico's prez-elect, Aleman. Few days later personal letter from Aleman came saying that he had discussed the deal with the head of; Mexican musician's union. - : ' . . .. ; Musical czar nixed date and . ex- plained that when PetriUo allowed Mexican bands to play in U. S. he would do likewise. President Aleman is in hopes of getting Petrillo and local boy to sit down for a chat with eye on increa.sing tourist trade with Americano music s] Retail Disk Sales On the Look-up Retail record sales, which have been off approximately 30% recent- ly, gave promise of picking up over the latter part of last week just when manufacturers had begun to worry that the expected Xmas trade would not materialize to the extent they had expected. They still are not. certain that mountains of disks, kiddie, Xmas and otherwise are going to move at their usual rate, but they're currently more hopeful due to the sale spurt. ; Most recording companies have been shipping disks the past few weeks at an increased pace, but these have not been moving over the counter. As a result, most re- tailers are overstocked. TRACEY SUCCEEDING JIMMY WALKER AT MAJ. Eugene A: Tracey, exec of the par- ent Majestic Radio & Televisipn Cprp,. will take over the Majestic Records presidency with the passing of Jin-imy Walker. Ben Selvin, of 1.^504." course, remains as recording and j rfhafg only personnel head. | j^jt here^ Block of Majestic stpck will take Diskbox Price War Is Seen in Minn.; One Oi^ Refuses Price Boost , Minneapolis, Dec. 3. Di.skbox price war looms in Twin Cities. After St. Paul and some local distributors asserted their boxes would be upped from a nickel to a dime per disk or three for a quarter, Henry Greenstein, presi- dent of Hy-G Music company, one of the area's largest operators, stated his machines will remain at a nickel, despite increasing costs. "The nickel-operated phonograph is a favorite of high-schppl ypung- sters and affprds them entertain- ment at a price they can. afford," Greenstein said in his public an- nouncement.. "We feel that such clean fun is a good influence on the youngsters. We are definitely opposed to a 100% increase on the price of pleasure and entertain- Congress, . which convel-ies Jan. 4., ASCAP's approach to the problem is undisclosed,-but it undoubtedly will involve .the 1909 copyright law, wihich for. years, from; the viewpoint of publishers and songwriters,. has cried fpr revision, ■■ This law'blpcks the ppssibility pf collecting perform- ance fees from diskbox owners in that it states, in effect, that fees are not Gpllectablc frnm music machines situated wliere np admisssipn charge is levied. This was written at- the time, tp cover saloons, etc., using automatic pianos, but it also covers the modern, record machine and ties ASCAP's hands in realizing a rev- enue from them. ASCAP feels that its case is a- gppd one; that a censiderable num-. ber pf pepple make a living, or realize some profit, from the opera- tion of diskboxes for profit and that its members should receive some revenue for this sort of- performance of their works. U. S. is said to be the only coun* try in the world which does not exact performance fees from music boxes, and the Confederation session in Washington several weeks recom- mended action. the beginning, it's Barton firm would be held by him, j contracts fpr appearances by Der- care of the late ex-N. Y. mayor's two but that he would not be actively 1 sey call for only 17 men plus | adopted children. This was. one of interested in the firm any longer. 1 leader; that the string section, the Now, it'appears, a deal will be made absence of which is supposed to tp buy him Out. liave been the basis for the students' suit, is optional and not specifically mentionea in cohfraets it's jiointed out that .Disirisey or any leader for that matter has the right^ to change niusieians and instrunientation as he sees fit; 'qv. as circumstances pernnit. Nat Winecoff Resigns As Coast Head of MPCE Hollywood, Dec. 3. Nat Winecoff resigned as director of Music Publishers Contact Em- ployees Assn.,' giving increased duties as general manager of South- ern and Melody Lane music com- panies as reason. He denies any other reaspn for the move. ;, Mac Green, partner in Spina- Green Music Corp. has been named pro tern chief of outfit for Coast. Peter Kreuder, composer and orchestra leader, will tOur the U. S. early next spring. Robbins Hatches 'Egg' "The Egg and I" has wound up as a Robbins publication (not Irving Berlin's, as originally planned) be- cau.se of that firm.'s hookup with universal, which is filming the Mary McDonald book with Clau.dette 'Col- bert and Fred'MacMurray starred. Tune by Al Jolson, Harry Akst, Herman Ruby and Bert Kalmar Will be incorporated into the U pic score, although not vocalized. the major factors which figured in Walker accepting the Maj post—the Detroit Deserts JH, Too Detroit, Dec. 3. Inflation has finally hit the hep- cats ail's 'right where they dance. desire to make sure the youngters-Like the "low-priced" car and the will have security. This element; lO-cent whisky, the nickej m the also applies in any film biog deal which, naturally, came up even while Walker was alive. In the twilight of his life his prime concern was caring for the motherless children. Probation of Walker's will at Sur- TPgate Cpurt, N. Y., indicated that the e,";tale probably would be less than $50,000. Full; estate was left ^ tp his two adopted children, his first j Barbirolli OK in Vienna wife and his sister.,Sidney Hams. | Vienna Nov 21 " of the Sylvester & Harris la>y firm, j^,^^^ Barbirolli, English orchestra .slot diskbox is retiring. In hpt sppts that attract rug-cutters ante has been upped frem a nickel to a dime .straight or "three for 25c. Leading the parade in.the inflation is the-Wurlitzer Co., Who furnishes a majority of the machines in opera- tion in Detroit and vicinity. . ; I^cns Bids For ASCAP Board Herman Pincus ("Pinky Herman")* for years one of the main agitators- for reforrtis within the American Society of Compo.sers, Authors and Publishers, and often successful, is making a bid for nomination as a candidate to the Society's director beard. Pincus has circulated among a large majcrity of the" writer mem-, - bers of ASCAP a petition seeking their support - in asking ASCAP executives to name him a board can- didate, or, failing in that, to give him a write-in vote on balloting for one of the 12 writer positions on the. board next spring. Pincus has long been a thern to ASCAP chieftains with his ideas on. hpw the Society should, be run, par- ticularly . as it involves the welfare of the Writer faction. His long argu- ment-ov-sr a few years, in favor of a fluctuating method of distributing revenue to writers was at least par- tially credited with having inspired the introduction of such a procedure by ASCAP last spring. Other ideas of Pincus', all in favor of writer- members, have consistently needled Society execs into cither doing something about the things he's sug- ge.sted or doing - something about him. . ■ At the moment, Pincus is en- deavoring to introduce an amend- ment to a current ASCAP bylaw. Bylaw which has drawn his atten-^ tion is the one demanding a two- thirds vote of either writer or pub- lisher members on any problem. In : other words, two-thirds • of the writers or publishers mu.st cast a ballot before the result can be offi- cial. Now. if that majority is not. attained, the absentee votes are codnted as vetoes. He wants that, changed to ignore the absentee votes^ judging to be based only on the basis of the votes cast. was named executor. leader, has scored a; great success here conducting the Vienna, Phil- harmonic orchestra. The former N. Y. Philharmonic Vic Damone cutting 10 more sides for Associated Program Service, fol-, lowing album done with Miiton maestro is the first English orches- Berle, Betty Garrett and Marie \ tra leader to appear here since end Green for Victor. I Of the war. Torme Solos With New Musicraft Disks Ticket Mu.sicraft Records last week tore up Mel Tormo's old contract, cover- ing .singer and his vocal group, the Mel-Tones, and is giving Torme 5 solo buildup. Plattery cut Tormo's firist four solo sides last week. Threatened lawsuit by the Mel- Tones, brought on by the bust-up, has fallen through, meanwhile, with one of the sfngers lined up with the Tex Bieneke-Glenn Miller orchestra and remaining three lining up for another .spot. , , ' v