Variety (Sep 1935)

Wednesdayt September . 18, 1935 M U SI C VARIETY 39 Starr Takes ASCAP Post but WB Maintains Royalty and Radio Demands man Starr, treasurer and cori- golldator p£ the Warner Bros, in- terests, to be elected to the l/oard of directors of the American ciety of Composera, Authors & Pub- Ushers when It liieets Thursday (16) tor the first time since June. Starr wlli \i?P'ac(9 E^^in jj. j^or- rls, V. p. and, gen,; mgr. of WB' ^-piibHsiWnfir-ftFH**— ^ r—— In iagreelng to Starr's placement on the board, It was made knpwn j)y Warner Bros, last week, no change of decision was implied. Owner of Harmsj Remick, Wlilt- ; mark and World declared that it had every intention of •withdrawing these firms from the Society uri- less the ASCAP board consented within the net moiiith or so to make a complete revision of the So- ciety's methods of royalty distribu- tion and to Tvork out a plan that will drastically Increase ASCAP's income from ra,dlo. Standing prominently in the: way of the second demand the flve- yeat extension of contract that the Society has been. handing out to radio statlohsi. Among the latter are outlets owned and operated by NBC . and Columbia. As a result study- -the radio situation, made during the past four months, Warner Bros, has come to the conclusion that the burden of the music tax on radio is badly distributed and that unless a way is found to tap the Income of the nietworks ait the source, which is the money actually taken In for the sale of hookup time, the WB publishing ilrm> have nothing to gain by remaining with the So- ciety.- Warners declares that it cannot understand why the indie broad casters must be: made to pay B% oh the. time they sell locally or for Aatr^hal spot advertising when the time sold through a network hook up garners the Society but 1%, NB€"€hrabs-Mwrison; Chi, from Kenhaway ChlcagOi Sept. 17. NBC has sniped off the. Terrace Garden hltery in, the Hotol Morrison, taking the spot away from Kenna- way, which hais been booking it for several years. NBC is placing Enric MadrigUera orchestra on.tbfi. Terrace .^Garden rostrum starting Get; 15, re- placing Glenn Lee, Tt mafE3'tJ>e~Btart~ of a name pa- rade for the Terrace Garden, which has been using the smaller time baiids for some tl Nitery is on an NBC wire. MILLS MUSIC Hollywood, Sept. 17, Deal is on for 20th Century-Fox to purchase the Mills Music Co, along the same lines as proposals that were on with Metro a^ short time ago. It would give the film company acquisition of the Mills catalog for a substantial sum to be paid to Jack and Irving Mills, with the latter pair being retained to operate the publishing concern on contract. Proposition was discussed last week in New York, with Frank Or- satti representing the Mills inter- ests and Joe Moscowitz handling ne gotlatlons for 20th-Fox. .Confabs are slated to move to the Coast shortly,, with Orsaitti getting to gether with Moscowltz, Joseph M Schenck and Samuel Buzzell, attor ney for Mills. Eddie Guest's Publisher Edgar Guest now has a riiuslc publishing firm putting out his works. Jack Mills is including IB of the Detroit poet's roundelays in a special folio for the music, and bookstore counters. FpHo will also contain the Inci dental music that was written for a series of shorts for which Guest provided the poems. NAME BAIIDS FOLIGT Canton,. C, Sept. 17. Little Hofbrau reopens in its, for mer location Oct. 1, Carl Sinclair Is manager. Entertainment policy will be eh tlrely different than last winter and, instead of Bavarian musics spot will seek name dance bands aind floor shows, with change of talent weekly. BAULAD FOE 'MONTE CARLO' Hollywood, Sept, 17.. Bert Kalmar and Harry Bubiy have sold a ballad, 'Moon Is In the Sky,' to 20th-Fox to be spotted In Man Who Broke Bank at Monte Carlo.' • Most Played oh Air lea In $15,000,000 ttodgman Suit Music Publishers' Protective: As- sociation must remain • one of the defendants. in the $15,000,000 con^ splracy and anti-trust suit brought, by is. Theodore Hodgman, as &b- slgnee. for the Royal Amplitone Corp., until the case comes to trial Judge Bohdy so ruled in Federal Courts New York, last week when MPPA asked that the complaint be dismissed. Olihcrs named .by Hodgman in the action are Ameri- can Telephone & Telegraph Co., Western Electric, BRPI and Ameri- can Society of Composers, Authors & Publishers. Counsel for MPPA argued that the organization could not have been involved in the alleged conspiracy to keep Amplitone out of the sound device field because MPPA had never entered into a contract with BRPI or any other electric outfit or with any motion picture company. In denying MPPA's motion for dis- missal. Judge Bondy declared that he was disinclined to pass on a question of this sort when the only evidence presented was affidavits; Because MPPA Is hot a corporate body, the plaintiflf served the papers personally on Lduls Bernstein as president of the organization. The court did consent to the MPPA's as- suming direct defense of the suit and relieving Bernstein of the per- sonal citation. To familiarize the trade tcith the tunes most on the air around Kew York, the toUawine is the listtn// of the songs most played on the cross-country networks last week, in J'^Y~ *VSJ'j9J}^P}.?j. '~docdr'dihu'"'io'We~dppr^ ' number of combined pluys on WEAF, WJZ and WABC. I'm in the Mood'for Love Cheek to Cheek You're All I Need Accent on Youth Couldn't Believe My Eyes East of the Sun Lulu'a Back in Town And Then Some -.lWitbpuia-W^rd.Rt:Warn;„ Isn't: This a Lovely Day I'm on ai See-Saw Top Hat, White Tie and tails Rhythm and Romance Little Gypsy Tea Room Loafin'Time That's What You. Think So Nice iSeeing You Again I Wished on the Moon Sweet and Low Oregon Trail I Feel a Song Com! Truckin' Let's Swing.lt Early to Bed From Top of Your Music Sees $1000,000 New Income Yearly from N. Y.-PliOa. News Wire Service Licenses; Paine Nego^tifig Phillips, Hall Home; Before returning to London, Peter Maurice closed with. Jack Mills for English rights to current Cotton CCWb; New 'i'ork, score. MuSSiSr73"l6 be spotted In a forthcoming Lc^hdon irevue, ~ wIth~fTruckln'iifi""for a build-up. Jimmy Phillips, together with Henry Hall, BBC musical".head, rcr turned home Thursday (12) after a 10-day stay. St. L. Musicians Turn Down F.&M. Deal but Ask Goy't for Coin FR. CASINO'S mOOO OPENING WEEK GROSS New Clifford C. Fischer revue at the French Casino, N. Y., grossed over 150,000 on its first week, in-, eluding a $10 premiere. Average check at the- cabaret- theatre ranges between $3.75 and $4.25. Capacity is 1,400. CRAWFORD ILL Music Publisher May Dispose of His Business Interetta Boby Crawford, head of the music bubllshing firm bearing his. name (nee DeSylva, Brown & Henderson, Inc.), has been ailing the past fort- night. Nervous and general debility. Music publisher has been mulling the idea of disposing of his business to a Hollywood film affiliate, and enter picture production on the Coast. Mack Gordon and Harry Revel, under personal Contract to Crawford, got in by plane from the Coast for pow.wows with the music pub. Reichman's Run Pittsburgh, Sept: 17. Kay Kyser succeeds Joe Relchman at William Penn hotel Oct. 6 when latter returns to the Statler In Boston. Relchman will have set something of a William Pehn record when he quits town, having been, at the.spot four consecutive months, longer than any other orchestra has ever managed to stick on this Job. Members of the musicians' union here hopeful WPA authorities in Washington will approve a project fostered by Board of Public Welfare to give employment to nearly 200 here next- summer. Projiact de vised by Frank '. Sullivan, Super Interidont. of Recreation for city, calls for concerts to be played in community centers, eleemosynary institutions and public parks which have beeif without this form of en tertalnment for several years, due to curtailed municipal revenue. Total cost would be $195,879. Clarence B. Maurer of the Musicians' Mutual Benefit Assn., advised the city assn. will furnish, without charge, use of its niuslc library valued at more than $25,000 and half-time services of Samuel P. Meyers, pres., and Al Schott, repre- sentative of M.M.B.A. Musicians have had little work here since films became tuneful and recently refused an oiler of Fanchon & Marco management for 12 weeks at $1,276 per. P. & M. planned to bring Olsen and Johnson, Texas Mustangs and others hei'e if musi- cians would go along with experi- ment to determine if such shows were prpfltabler Refusal of union to enter into a limited engagement agreement caused cancellation of plans. 14-HOUR GRIND IN WASH. NITERY Wife Insulted, He's Socked; Sues for 5G's Akron, Sept. 17. A broken Jaw and other injuries allegedly received when he went to the defense of his wife, upon whom another diner was trying to force his attentions, has brought a $5,000 damage suit against Stone's Roof Garden, night club, by Leo Maytnier. The suit charges the management did not exercise 'ordinary care' for the protection of the club's guests. Suit Over License Rochester, Sept; 17. Gabriel Ronzo, proprietor of The Gables, Sea Breeze, is suing Sheriff James E. Malley for $10,000 for seizure of his liquor license in con- nection with closing an alleged In- decent show by a troupe, of feniale Impersonators. The sheriff later returned the li- cense, pending a hearing before the state'Uqupr com isslon. The. show also continued in defiance of the sheriff's edict after Ronzo. satisfied two civil Judgments that led to pad- locking the place for two days. Rankin-8 Nitery Chicago, Sept. 17. Bill Rankin, nlte club show pro- ducer, has opened his own spot-out on the West Side. Called the Town Club, with Ray Gallet associated In the manage- ment. Le Pa;rce, Washington, P, C., chow melnery which reopens Sept." 20 after summer shutdov^n, will in- augurate a hew type—to these parts —entertainment policy whien it offers grind floor show from 12 o'clock noon to 2 a.m. dally. Spot will play $1,600, 2O726 people shows. In unit form, booked by National Agency, Balto. The 14-hour stretch of unbroken entertainment will be run off along following lines: From noon to 2:30 dance music with floor-show acts Interpolated; till 4 o'clock a piano duo of warblers will give out. Inti- mate chantlngs; from 4 till 7, Hawaiian string quartet will stroll from tabie, to table playing and vocalizing for the cocktail-hour crowd; then the band and floor- show squeezes in till 8:30, at which time the dinner crowd is dispersing. Till things warm up again at 10:00 the piano, duo stays front-and-cen- ter, then the band and floorstiow on tap till 1 a.m., when the Hawalians return and take hold till closing hour. STRINGFIELD QUITS N. C. SYMPH, GOV'T PROJECT Charlotte, N. C, Sept, 17. As-a result of differences between Lamiar Stringfield, conductor of the North Carolina Symphony Orches- tra, a government ERA project that pays unemployed musicians $18 a week, and G. Q. Shepherd, former manager of station WWNC of Ashe- vllle, recently named business man- ager of the symphony, Stringfield has turned In his resignation to Mrs. Thomas O'Berry, of Raleigh, state relief administrator. Mrs. O'Berry has dispatched a representative from her office to Ashevllle to investigate the matter and see if things can not be worked out. Stringfield said he could not direct the group under working con- ditions imposed by the business manager. Shepherd said he was merely complying with instructions laid down by ERA. Stringfield founded tiie state or- chestral group and has directed It for 16 months. Music figures to add to its Income! iiny.ivhie.rft. lroBi.$£AO,fl(»0. to $1000.000,.. a year from the development of the type of wired music and news serv- ice which Ticker News Service and TCile-flish Jiave established in Kew York, and Philadelphia. Plum >duVi3i"' novel niechanical fee collected by the Music Publishers Protective As- sociation and performing rights royalties paid to the American Sor clety of Composers, Authors & Publishers. Where the MPPA proposes to garner plenty is from the right granted to operators oif the 'sbiind ticker* Idea to manufacture devices usfd for public performance pur- poses. Licenses have been Issued for the making of records to be used over the air arid via wired wireledrK of the power line type; and under tnlB''law, unless the copyright owner pflrinlts, a recorded musical compositiun licensed for one form of transmission may not be used over another medium. With the copyright owner reserving the right to compel the ticker contingent to make their own records, the only way that tlie latter can escape go- ing into the recordirier business on their own and, instead, be free to buy transcriptions already on the market, is to. make a special liciens- Ing deal. MPPA stands ready to relieve the ticker element of the necessity of making their own rec- ords if it will agree to pay $15'for eve'T' receiving set. Installed in a cafe,' restaurant, saloon or any other public place operated for a profit. 1,050 Subseribera Ticker News Co., which dperiates over telephone lines froni a ventral studio, has 400 subscribers In Phlla'< delphla and about 300 in New Yotk. Tele-Flash has about 350 receiving s(!ts Installed In the latter city. Fee for the services is $180 a year. For the past several weeks the heads of the Ticker News Co. and Tele-Flash" liave been trying to woric out with John G. Paine, chair- man of the MPPA, a licensing ar- rangement to cover the use of copy- right music by the two services, which heretofore. have confined their broadcasting; to sports and news events. Acting on the appli- cation of Ticker Co., Paine last week agreed to give it a 30 days' right to use transcriptions, provided the service will furnish the MPPA with facts, figures and other data about its business which will enable the publishers to work out a per- manent mechanical license agree- ment for the medium. Pairie'S per- mission was also made subject to the consent of ASCAP to waive its right to collect a performing fee from the ticker outfit's clients dur- ing the experlniental period. In advlislng the member^ of the MPPA of his move, Paine declared last week that the Ticker News management believes that the use of current popular music will bring it a substntially larger number of clients but that it . prefers to ex- periment with the idea before talk- ing turkey with the music Industry. OLSEIil'S SQDARER Keeps Promise to Mfkke Good Easton Bpoking Mix-up on Easton, Pa., Sept. 17. Gcorpe Olsen, who^ through mis- take in booking arrangements, did not show up at Dorney Park on .Sept. 5, several thg.usand dancers being disappointed, made good his promLse to make up for it by com- ing to the park Thursday (12) and bringing Ethel Shutta with him. I»argo crowd greeted them. On fa'c-pt. 5, Willie crowd was w^alt- ing for Olsen, George Plarr, the dance hall manager, put in a long- distance call and learned that Olsen did not know he was booked for that night. But Olsen promised to fill a later engagement. Music Notes .Abe. Meyer supervising niusic on Radio's 'Beach Masters.' Nacio Herb Brown and Arthur Freed to Laguna to turn out 'This Time It's Love' for Metro. New Savoy-Plaza, N. Y., lounge opens bet, 3 with Dwight Flske, Rosita and Fontana and Dick Gas- parrb'.s orchestra. Basil Fomeen. to alternate with latter on music. John Leipold, arranger, and Slg- mund Krurhgold, scorei', handed new contracts at Paramount. otro used chorus of 40 voices for background track.on 'Mutiny on the Bounty.' Ben Qaktand and Milton Drake are wrlHng the mu.flc for the . new floor show which opens at the Paradise restaurant, N. Y„ around Oct. 6. Bill will include Ella Lo- gan, Bob Lawrence, Pegleg Bates, and Moore and Revel.