Variety (Apr 1939)

Wednesday, April 5, 1989 RADIO VARIETY 25 $85M) my TALENT Blli Mfestbenner Sidt Vs. General MiDs Dfemissed; Siknce Envelops Case St. Louis, April 4. Reasons leading up to the dla* jnlsMl last week of the $100,000 suit flled last November by Westheimer Sc Co., a local advertising agency, against General Mills for lifting an advertising idea ara riirouded In mystery, an agreement having been made by attorneys for both sides to decline further comment The case was dismissed by stipulation and with prejudice to the plaintiff in United States District Judge John C. Collett's court J. H. Kinealy, attorney for West- heimer tc Co., said his lips were sealed by the agreement mada with a St. Louis law firm that represented drossman, King, Morley, Kent & Taylor, Minneapolis, attorneys for General Mills. Louis E. Westheimer of the firm declined to discuss the matter, referring all InQulried to Kinealy. The stipulation reads: It Is hereby stipulated by and between tha plaintiff and defendant in the above entitled action, ttiroiigh their respective attorneys^ that the court may forthwith enter an order in this action dismissing the action with prejudice and upon the merits of ^th counts in the petition, each party to pay its own costs and dis- bursements in this cause.' ' The suit filed Nov. 3 by Louis E. and Samuel Westheimer and Harold W. Mesberg, doing business as West- heimer & Co., asked for $75,000 dam- ages and $25,000 allegedly impaid for services. The petition stated that on April 2, 1937, the plainUn disclosed an advertisint idea to Gen- eral Mills, and on April 20, 1937, Mesberg made a trip to Minneapolis and made more definite disclosures to til* defendant, who is alleged to have said it would be considered if more specific information wad given. Subsequently, the petition recited, General Mills used advertising of a (tmilar kind ' prepared by another eompany. Westheimer & Co. in an amended petition alleged that Mesberg talked M Samuel C. Gale, director of ad- irartising for General Mills, who aiked for specific informatiou in the of written proof from news- l>aper publishers that they would ac- cept the plaintiff's plan, which was fa tha nature of character strips for newspapers. The petition also averred that Westheimer & Co. was the sole, exclusive and confidential owner of the idea. General Mills filed an answer in T'hich it denied any binding com- mitment and said that the adver- tising idea was not originated by oia plaintifTs, but had been previ- ously used. The case -was assigned to Judge Collett's court and the dis missal was imexpected. Quiet* PleaM . Lou Ruppel, Columbia's new press chief, wants the itafl to cut down on tha noise around tha office, I^oud talking, par- ticularly, la banned. Ruppel, who used to work in newspai>er city rooms, thinks that a mini* mum of noise Is conducive to a maximum of efficiency. He also doesn't want them to whistle while they work. CBS Sales Rep For KMBC Shows But Halley Stays Kansas City, Mo., April 4. Columbia Artists, Inc., will act as New York and Hollywood sales reps for KMBC-tested Arthur B. Church Productions. Deal was closed last week between Church and Herbert Rosenthal, head of the CBS artists bureau. George Halley remains in Chicago to direct the midwest sales of KMBC shows, the new tieup making it un- necessary to commute frequently to New York. HARLOW ROBERTS TO BLACKEn-SAMPLE Chicago, April 4. Harlow Roberts becomes radio buyer for the Blackett-Sample-Hum- mert agency here. Roberts has been with the Purity Baking company liere and previously had been with tiif Pepsodent company. Jack Laemarr and Gene Fromherz, who have been doubling up in' the B-S-H radio buying department, are understood continuing on In the de Partment for the time being. KMOX Engineer a Suicide St Louis, April 4: Harry C. Fischer, a radio engineer employed . at KMQX, committed suicide in the basement of his home last week by shooting himself in the head with a revolver. His mother- in-law, Mrs. Lena Watson, heard the shot and found Fischer In a coal bin Members of . the family said Fischer has Ijeen despondent and several times had threatened to end his life. He was 33 years old. LONG JUMPS BANNED FOR WWL ORCHESTRA New Orleans, April 4. Vincent F. Callahan, manager of WWL here, has decided there will be few if any more personal appear- ances for the staff orch in remote towns. I<ast week the boys came back at 6 a.m. from an engagement and 30 minutes later went on the air. Callahan heard the program which was supposed to be a peppy 'get-up' spot with the boys blowing very sleepy music and decided on the new policy upon his arrival at the of::ce. ADD: AMERICANA New Form of April Fool Hoax Is Phoney Street Quic Omaha, April 4, Two locals, posing as a radio an- nouncer and tecluiician, came up with an April Fool hoax Saturday when they faked Man on the Street broadcast with big crowd of shoppers on hand. Announcer, who gave name as Doggy Hansen, and his partner, Pat Mayfleld, carried on lengthy inter- views with citizens only to climax it with 'Hey folks, you're not on the air. This is an April Fool Joke.' Capehart Taken Over Ft Wayne, April 4. Farnsworth Television it Radio corporation took over properties of The Capehart Inc., Ft. Wayne, and General Household Utilities company of Marion, Ind„ in a deal completed Thursday (30), Capehart assets list- ed as $265,000. Some 600,000 shares of stock in new firm offered for sale last week by Rollins & Sons, Inc., New York. Charles M. Niezer, former presi- dent of Capehart, is expected to be named to the Farnsworth Corp. board. In Kate Smith Playleto Regina Wallace and Tom Shirley have joined the cast of the 'Life of Henry AUdrich' series on the Kate Smith show. They're in the parts formerly played by Lea Penman and Clyde Fillmore NEAIIS 2N0 PLAGE As 1936-39 Season Ap- proaches Condasion Pop- ularity Ups and Downs of Big Shows Reveal Consid- eraUo Change—Kate Smith. Widens Gap Over Rudy Vallee OTHER TRENDS With the biUings that it's slated to pile up during the summer, Yoimg ti Rublcam gives promise of becom- ing No. 2 agency time spender on the networks for 1939. This spot has previously been held by either Lord 8t Thomas or J. Walter Thompsoa Y & R will have eight nightime shows running through the warm months and a possible ninth, out of the 13 programs the agency has cur- rently on NBC and CBS. Thoinp- son's weekly schedule wlU be re- duced to three hours, the two Stand- ard Brands shows and the Kraft Music HalL Letter's Kellogg 'Circle' is on the doubtful list In the- matter of talent payrolls Y Sc R has lead this season's agency list with around $85,000 a week. Thompson's peak figured in the neighborhood of $70,000 a week. So far this season Y & R has had seven and half nighttime hours to Thompson's six. Y & R accounts slot^ for summer exit are Interna- tional Silver, Half and Half, Swans- down Flour (General Foods) and Grapenuts (GF). All these retire- ments come around the end of June. L « T's Two Clicks Of the newcomer programs Lord & Thomas rates as haying two of the outstanding clicks, Kay Kyser (Lucky Strike) and Bob Hope (Pep- sodent). Compared to last year's ratings of the same program, Thomp- son has managed to keep the Kraft Music Hall, Chase & Sanborn Coffee Hour and 'One Man's Family' on an even keel, gained 20% on the Lux Radio Theatre and has suffered a popularity loss of 25% on the Royal Desserts-Rudy Vallee show. The 'Circle' is a newcomer and a ques- tion. Young tc Rubicam's program list when compared along similar lines, shows the following results: Comparative Proeram Status Jack Benny Even Fred Allen Even Silver Theatre 40% up We the People 60% up Kate Smith 45% up Hobby Lobby 15% up Ben Bernie 10% up Lum and Abner 10% down Al Pearce 15% down Phil Baker 60% down Kate Smith showing on. the Thurs- day 8-9 p.m. CBS niche opposite Rudy Vallee on the NBC red is one of the most notable achievements of the season. It's now around 23 to Vallee's 18 in C. A. B. A long-time hoodoo in favor of Standard Brands has thus been sliattered. FffiECRACKERS EXPLODE AS MORT DOWNEY SINGS Ft Wayne, Avfll 4. Two firecracker explosions nearly wrecked Eddy Duchin's network show Monday (27), which'originated at the Catholic Community Center in Ft Wayne. Central Catholic high school's basketball team won the national Catholic title the night before in Chicago. Local celebrators started a victory demonstration a few sec- ond after game was over, and con- tinued celebration for three days. Despite police protection, a- group of students succeeded in tossing fire- crackers under the window at the Center, just as Morton Downey was singing his first two songs. Preliminary Concessions Difficult Says Paine, If State Nuisance Tactics Go On Takins^ It Big Hollywood, April 4.. The unpredictable Harrison Holliway has done It again. When Amos 'n' Andy finished out their NBC string on KFL station's headman ordered an announcement tagged on to their broadcast that hereafter they can be heard on KNX. First time that a loser here- alMuts took it so graciously and raised the other 'ellows' duker All other references had been merely 'another network.' Tex Oudets Boil At Mexican Shift Of Go?, s Air Biz Austin, Tex., April 4. Radio circles of the state are doing some seething at latest action of Gov. W. Lee (Pass-the-Biscuits) CDaniel in announcing commercial programs of his Hour mills would be switched frolh state stations to XEAW at Rey- nosa, Mexico, recently purchased by his friend and adviser. Carr P. Col- lins. He was elected primarily through the aid of Texas stations. Particularly burned up, it is un- derstoodj Is the Texas State Net- work which has been dishing out free time every week for the gov- ernor to flay his opponents, in par- ticular the members of the state leg- islature with whom he is now hav- ing considerable difficulty. The announcement of switch of the commercial programs to the high- powered Mexican station was made by Pat O'Daniel, governor's eldest son and president of the flour com- pany. O'Daniel will probably continue to use the TSN free time as long as it is given him. On a recent airing of thifi program he stated, 'professional politicians' might force him off the network, and that he had 'arranged' to switcli his program to a 'powerful station' if necessary. Florida Flips By BOD BEED Ft. Lauderdale, April 4. Fr&nkie Frisoh is now an an- nouncer. From ' one gas house to another. In Vermont, a radio station bought a newspaper. Dog, lieware the ^nan! Threatened litigation has caused a program to change its name from 'Where Am I?" to 'Where Are We?' to 'Guess Where.' Next title: 'Whiere's Our Lawyer?' AFM regards the novachord as a menace because it mimics a whole band.. Should demand scale for each key. Station, licenses may be lengthened from six months to a year. Giving twice as long to worry al)out re- newal. Television won't be a threat to the filins until a receiver - is perfected that also produces chinaware, HOBMEL'S COASTE& Hollywood, April 4. John Conte and Martha Mears have the leads in new Hormel pro- gram, 'It Happened in Hollywood.' Both will sing and act Goes three times, a week from KNX. John G. Paine, chairman ot the American Society of Composers, Au- thors and Publishers, met last week . with a committee from the National Association of Broadcasters headed by President Neville Miller to dis- cuss the basis of a new licensing con- tract Some progress was reported to have been made. Authorized by ''he ASCAP board to carry on. the negotiations with Paine are Gene Buck, prez, and Louis Frohlicb, ot general counseL No mention was made at last week's meeting of a suggestion that Miller made some time to Paine about giving the NAB written as- surance ttiat the fact that a broad- caster pays ASCAP no fee on the. commercial hours allowed the net^ work'gratis in return for sustaining programs will not be made the ground for' canceling an ASCAP li- cense. These free hours have never been Included by broadcasters in their computations with ASCAP but MiUer wanted to make sure that this angle was clarified before entering In'to discussions for a new deal. Failure of Paine to act on this re- quest has caused some members of the NAB board to wonder about the ASCAP general manager's motive. The NAB. board was under the im- pression that Paine had promised to give Miller a letter waiving the right to collect on these free hours. Paine declared Monday (3) that he had merely advised MiUer that he couldn't issue such waiver until he had determined whether some way could be found for the networks to shoulder this fee. He said that at the time the proposition was put to him he was under the impression tliat the broadcasters wanted to put their relations with ASCAP on a friendly basis, but that soon after- ward ASCAP was bombarded with hostile state legislation, of whosp in- stigators the Society had no doubt Paine then decided that if this was to be the broadcasters' tactics it would be no easy task for him to work out the preliminary concessions asked of him by the NAB. WFIL TO AHACK THE WOR'WJZ MYTH Philadelphia, April 4. WFIL is preparing a brochure to blast what it terms the 'WOR-WJZ myth.' WFIL is on the Mutual and NBC blue tapes. Idea that WOR and WJZ are heard so well in Philly, 90 miles from New York, that an- other releasing point here isn't needed has long irked WFIL. The new brochure wiU employ parts of Ross Federal surveys WFIL itself had made and parts of one ordered by N. W. Ayer & Son. Ayer survey was made on the 'Lone Ranger' show, which is spon- sored by Gordon Baking Co. on WOR and by an Ayer client, Sup- plee-WUls-Jones Milk Co. on WFIL. Agency feared that inasmuch as the show was heard on WOR for three months before WFIL began to air it, listeners may still be tuning to the original station. Results of the sur- vey, it will be claimed in the WFIL promotional piece, show at . 9 to 1 preference in PhiUy for WFIL over WOR. Roger W. Clipp, WFIL g.m., two weeks ago told Variety that WFIL has 'ceased publishing surveys be- cause, with everyone interpreting them to suit himself, they too often bounce back.' DETALS WASHED UP, WORLD GOES TO CBS Final contracts for the purchase of a controlling interest in the World Broadcasting System and its subsids will be closed by CBS when William S. Paley returns from the Coast next week.. Percy L. Deutsch will remain as head of CBS' transcription division.