Variety (Apr 1939)

Wedncaday, Aprfl 19, 1939 VARIETY 55 DarlaM Jon«» Bddl* Ttaooiu Jack Newlon B Bcrnold* Of* DIok ThomM - - - Toon» Oro Bsver& Flsber Be* Lorry 'Warner 3 rrlDCCM Helen Cafe Honmer Bearer Oavln Al Cubler _ Jo* Famllant Oro Clob Horace* Phil Kayo Vcntez A Maria Julia Buthlo Jewell Bllo Hike Jeffreo Allen Bhaw ' . Cbarlle Oalns Oro aab Tsrakoet georg* McCall Ore mma Stoucb DoWa Beat Barry Roberto Henry Patrlok DothlB'a Bathakdlor Frank Fontl Wauon Slo Slllle Leo Beth Calvert Dotty. Winters. Harglo Srummond Cleo Valentino Irvine Braalow Oro . Bl Ohic* Kay Laverly Uargaret Marshall Virginia Howard Jean 'Sutherland Bherry Lee Arlett 'Withers Ivan Taehman Oro EmbMOr Junia Culbortion Vera Kane Genorlta Montorla Dolores O'Neill Al Moore Oro redro Biases Ore Ceorgo Clifford ' ETorgTOOB CaolM Tommy Monroo Andrews Sis Bea Saxon Ann Falvow Mills & Madlns Bllllo Franito Al Bldrlch Jo Ullos Oro 1528 Ctab Swing King Oro Lois Ravel 3 Stylists Dolly Parker June Davis Dorothy Tanner Betty McKoo Francis Lenox Mltzl Lane Franklo Falonbo's Bonnie Stewart Ben Perry Do Mayos Tvonettes «) Bobby Morrow Oro Rhoda Daisy the Horso Harris Tavera Alsbaina Corlnno Bobby Lyons Oreta LaMarr Betty Thomas HUdebraiid'g Charlto Neld CarltoDS Buddy Roberts Mormon Lewis Franklo Milton RIohard Baeb Bobby Lo*. Or* Dee Dorea ■ Jook Lvndi'g Charles Smith .TlDOODt BiBso Or* Barney Zoonan Chaney & Fox Joe B, Lewis Helen. Morgan Gloria Gilbert - Botty Brodel Maolovia Ruls Herb Dubrow Jimmy Blako J'Lynch Ols <12) Joe Fresetto Oro Mary Lotrey Utile SattasbsUer Tatara Ruth Wayne Al Schenk Cleo Barr Duval Sis Victor. Hugo Oro Johnny ft Georg* Hacgle's Helen MaxwoU Mario Clair Iiona Arlsto Bueky Shores Toung Bis 'Walt Woltord Oro Vann ft Vldol Dr Hudspeth ft Dog Mme Iris Martlnello Hsno* Inn Leonard Cook Bllllo Richmond Judy Lone Elolne ft James Cortei ft Peggy Bradshow ft Fenton Billy Gates Oro Futile'Porby ' Buck Calhoun Betty 'Weeks Margie Mealoy Jean Lamer Dotty Moore Jean O'Nollo Andy Russell LoRue 61s Joe Burns Ray Allen Oro BendosTOBS Straub ft T^e Lone. Bdworda ft A Bodls Long Charles ft Barbara Bob Uorgroves Oro Stamp's Cnfo Bert Lomlsh Oro Jock Hutchinson Johnny Weliib Tremoro ft ClaIrO Bubbles Stewart WatklHs 2- Frances Carroll '' Vlo Eorlson SUver Labs Ina (Olomenton) Mickey Famllant Of Alice Lucey Florodora Sextet June Patterson Lillian Russo Marie Holz George Reed Russo & Duval Barbara Joan 1300 Cafe BIslo Jones Princess Zelda Nan, Roberts Comlllo Roberts Esther Leeds Ann Fisher Bill Miller' Jimmy Bronson Margie Frame Veake OriHe Jack Rich Fay Rtiy Joey Hayes Oro Ginger Dunn Leo Vaughn Vlhlng Cafe Bllllo Callahan Joo Keoms Jerry Delmar Oro Le Shonnes Joe Smythe 'Walt ft Jean Helen Brooks Bobby Jones VUUgeBom Bobby Bvans Jackie Miles Charles Froderloks Muriel Parker Alex Gray Oro Bob Finch Brewsters n^agon Wheel Itpla Roy Harklns Joe O'Sheo Al Wilson Al Bostlan Oro Weber's Hof Braa (Camden) Use Hart Rudy Brulor Jules Flooco Oro Helen Worthlngton 2 Jocks Paul Rich O'Connor 3 PftPrlncesa Serndm Pot Crontord Bill Evans Sid Golden Signer Karraino J ft T Shellonh'mer Internationals Bldoradlons VTT.W AliKKK Atbletle Olab Bol Munro Oro Bert Phillip's Pep Bobler Ore Bthel Beldel Blats Palm Garden Kddio South Oro Bloo Hoon D Davidson Oro Virginia Rossn Joy Jayson' Gale Parker Cardinal Clab Slid. Vlonl Oro . . Obateaa Clofr Stan Jocobsen Oro Johnny Post Bert Gilbert Martin Bomett Patsy Morr Bonya ft Romero Jackson ft Nedro Marlon Vinay OtOTcr Clob Harry Weber Ore -Ruth Phillips •Eva Thornton Marge Toung Eleanor Gall Jean Hurley Flo Radke Don Kranlch Jaxon Clab Forest Virginia Grey Berdino Dickson Helen Kayo Vera Welsh Clqb Uadrld Jimmy Rotas Oro Patricia Page Gle . Morguerlto Claudol Paul Burketto Don ft Betty Lynnr Hazel Kennedy CInb Sahara Oeo Cerwla Oro- Clob Terrls Gordon Genschor'' uona Henderson JWI Kaaiin Kathlsoa Kays Hsrty Gray Ore Snooks Hartman CM HoMelberc Bddlo ZIpp' Oro Donna LuPau Allen Dunn Alma Williams Claudia Ferris Babe Collins Suzanne .Open Door Tlnney Llveng'd Or Larry Powell Paris Joo Gumln Oro PlaataUoB Clnh Bert Bolley Oro Mary Webb Plantation 4 Brown ft Lyons Itlyrtle Thomos Hunky Brown FlanbialoB Hoaae <B«d Boom) Walter LIbraco RendezToas Bob Matheson Oro Jinny Blaney Morl<in Walter Morcella Paige Joan Do Lee 4 La Morrs Billy Stevens Dotty Norman Grocs Brown Mory Douglao Rendezvous 13 Beao Jeon Allen Pat Marvin' Helen Allen Romono Browowcll Rone Vine VIndIck Sis Jean Homllton Harvey Lee. Oro Scaler's . Tony Bouer Oro Marie Kecky Jesale ft Viola Dorothy Hamilton BIng Burdick Roma Coatello Sohwarts Joe Sondors Oro Irene Griggs Tony. Solerno Claude Pormenter Six Point Clob Caeper Reda Ore Claudia Ferris Dole ft Dole Conge Clob Pearl Moss Fannie Dale Melba Jockson Alice 'White Mary Reed Leonard Gay Oro Corales Ship Bill Davidson Oro Ben Boo Oro Ralph Lewis Bailey ft Lomarr Dovtnes Eagles Tweet Hogan Ore ateve Swedish Ore Mabel Drake Dorothy Dale Red Roberts Oro Gloria GolO Jimmy Do Palma Howard Gelger Mamie's Grotto OuB Brhley Oro Clyde Thomas Hotel Sohroeder ' (Empire Boom)' Emery Deutsch Ore Karl Ratsch's Sepple Bach Oro Helene Sturn Walter -Merhoff Larson's Roy Meadows Oro last Ronad Cp Jimmy Royo Oro Ken Keck Lindy's Rick ft Snyder Victor Edith Rao Log Cabin Corl Bergman Ore Miami Club Ann Sober Moxine ft Clayton Helen Holmes Peggy Geary Gene Emerald Harriet Cross Johnny Davis Ore State Gardea* Ban RIgg Oro Irene Sohrank Flo Smith Peggy Hall Verne ft Evelyn Bleonor Roe Baaset Clob Bddlo Apple . . Tie Xop Tap Joey Feldstein Oro Natalie ft Howard Bleonor Leonard Al Gale Betty Louis Virginia Grey Roaco Alls Al Samuals Town and Oetmtry . Clab. . Dick Rogers Knight ft Doe Robortos Lucleno . Virginia Davis Madeline Gordlnsr Betty Horger Alleen Rondo Zoatro ft Well* Marty Hoff Comeo GIs Debutontes Joan Delon^e Toy's Cose Londls Oro Mtb A North Clob Kay Crondell Oro Trocadere MIron Stuart Oro Jane Rubey Shutta ft Kent Dolly O'Deo , Woodord SIS Bobble Stuart WIrth's Fttturlstle Bill Schweitzer Ore Jock Fexer Vollle Jay Oro Maureen Rosay RogOn ft Mann Wisconsin Boot Griir Williams. Ore M Merrymaker Ore N!e Horper Oro Tom Sheridan Cappy Lewis Joan Demorls Arnold Dupre Zonher Gardens Lylo Stann Oro CLEVELAITD Alpine Tillage Otto Thnrq Oro Stalao Bros ft P Barborlno's Poms Margaret Aommer Herman PIrohner AvaloB Hy Barron Oro Charlie Gordon Bessie Brown Tbelma Stone Airway Clob Troy Singer Oro Judy Black Cedar Gardens Duke Melvin Oro Trizo RIch'd Montgomery Mory Dixon Howard ft Corlta Helen 'Wiles Cbateaa Pete Gerod Ore Leon LeVordIo Art West 3 Femmas 1 Fellow College laa Normon Brill Oro Robbie Collins Jock Raynor F««ddle's Cafe Tony Emma Oro Mirth ft Mock Lynn Martin Yvonne Nova Eddie Borneo Texas Rockets Golden Gtoar Poul SlmonetU Ore Sherry Ponay . Del Grey Goarssot Clab Louis CIno Oro Gloria Olenmoro Morjorle Block Batten's Clab Lenny Colyer Bob Armstrong Rose-Msrle Honaa GrlU Joanna Gordon Kay Bush ■ Don ft Lou Len Ensign Hotel Cleveland Gene Brwtn Ore Walt Bergen Ore Hotel Fenway Hall 'Wlllord Potts Oro Bottle Allen Hotel Sterling Morty Lake Oro Gayle Oaylord James ft Pelts Hotel HOUendea Sammy 'Watklns Or Gus Von Crawford ft Coskey Romony 3 Hotel Btatler C Hoagland Oro Jeanne Stewart Glover ft LoMae Jaeb ft Eddie's Chick Williams Arlene Rice Oro Vlo Corpora Lindsay's Sby-Clnb Poison Gardner Harold Simpson Moataco's Cafe Ross Pierce Oro Morllynd Maynord Monads Clob Orvelle Rond Oro Ohio TlUa Freddie Corlone Or Mickey Katz Leater Cole Debs Jockaon, Stone'ft R Stuort ft Leo 2 Alblns Pol-Mar GIs Bonthem Ksvera Psul Burton Oro Don Kayo Nick Bontemps Ubangl Clob Tommy* Barnes Oro Hertel Collins Bthel Avery Rose Morgon Sonny Corr FITTSBUBOH Anchorage Hughle Morton Oro Maynord Dcane Arlington Lodge Art Norkus. Oro . Dalconades- Joo Toller Oro Bill Green's Sterling Toung Ore Bobby Ennis Jack Law Ray Merrill Johnny Duffy Clob Petite Piccolo Pete Ore Betty Greenwood Corol Goulo Crewe ft Sumners.- Cork and Bottle Jock Dovls Eddie Peyton's Phil Cavezza Ore Joyce Polmer Marlon Muller Harlem Casino Sherdlna Wolker Or Georg* Gould Pete Nugent Monette Moore Johnson ft Grlder Otlo KsKons Harleniettes (t) Larry Steele Ozzle Dial Hotel Ueniy M Contperas Oro Conchlto Hotel Roosevelt Buddy Ruasell 3 Hotel Schcniey Hotrard Boom Ore Buzz Aston Jock Rogers noUl William Peon (Chattorbox) Bernle Cummins Or Connie Borleou Walter Cummins (ronlbiental Bar) Versotlllans Italian Gardens. Etzl Covato Oro Bernle Perella MIchoel Stronge Dance Darlings (6) Johnny' Morris Dick Smith Betty Nylonder Johnsons New' Pena Emerson GUI Ore Ooll Reed Millie Woyne Starr ft Dann Lowry ft Davis Nixon Cafe Al Maralco Ore Bob Carter Seror 2 Jimmy Ray Woods ft Bray Angelo Dl. Palma Claire Ray GIs Not .Honse Gogo Loe Doogy-Woogy Lew Dolgoff Hariy NosokofT George Do Coats Al Morcur Jim Buchanan Plain Cafe Jimmy Peyton ori- Adele Curtis Lynn & Davis Dewey Moon . Betty Hurst Billy Cover Jjt Rol Johnny Ray ..ShowJIoat Al Fremont Ore 'Leolo Frazler Billy Keoton Santos ft Elvira Lane ft Carroll Brent. DoW ft M Lino (6) Webster Hall. Nelson Maples Oic Buzzy 'Kountz Will Word ■ George Weber ' Union Grill Tony Lombardo Art Togello Frank Noul* Kids Book *Em AUentown, Pa^ April 18. Kids at the Franklin theatre here each Saturday matinee pick the films they want to see the following Saturday. ' George Reinert, the manager, gets on the stage and describes to the audience the possible choices tor the next week. The kids then vote by a show of hands. Hoodlum (Continued Irom page 1) are glorified and they are tough characters. I think they have a very harmtul influence.' Anent current ether fare, Hizzoner expounded: 'Radio programs of the type .criticized' CGangbusters') hold crime 'before a child week after week. Some children, especially those who get into court, are not particularly bright And they are the most optimistic people in the world. They pick up ideas from such dramas and, even though the wrong-doers are caught and pun. ished, children are likely to think that they could be luckier.' John Dpnahue, assistant Boy Scout exec who for eight years was a counfy probation officer, declared: *I once had a boy In my charge who leaiTied to crack a safe from a movie.' 'Crime Daes Not Pay* Thomas ' panning Rishworth, KSTP's educational director, came to the rescue of current air fodder with: 'Programs like 'Gangbusters' do not have a bad effect on young people, Those programs emphasize that 'crime does not pay.' Neurotic chil- dren may find these programs too sensational for them, but that is a problem for parents to consider.' With the battle raging and com. ments flying thick and fast, shoW' man Liou Golden stepped neatly into the picture and artfully took a sock at 'the real responsibility'—proper hoihe environment, parental guid ance. and companionship. Golden rolled with the punch that had other showmen running for cover, and countered with his own hasrmaker: 'Because some children are found smoking must we blame Mark Twain who wrote Tom Sawyer and Huckle berry Finn? Or should we blame Mickey Rooney for vividly portray- ing such an authentic characterlza- Uon?' With the tempest breaking In dailies all through the past week, the situation gathered such mo- mentum that Sunday (16) saw a torrent unleashed from various pul- pits throughout the city. ' Some three years ago, Parent- Teacher organizations in both cities rallied with the avowed purpose of getting 'blood-and-thunder' radio programs toned down for the good of the moppets. The drive cul- minated 'With a huge indignation meeting in Minneapolis. Boycott of sponsors' goods was threatened, but the move flzzled when it was flnally revealed that several of the' prime instigators had radio programs of their own to peddle. They had hoped to crowd the then current stuS off the ether and substitute their own brain-children. MCAP Wilis First Round Raps Radio GanpUy Toronto, April 18. Censorship of sensational radio series aimed at child-listeners is recommended by General D. C. Draper, Chief of Police here, in his annual report to the city fathers. Claim is that the 'low-brow, sensa- tional, gun-shooting type of series on the air' is contributing to Juvenile delinquency. Said the Chief of Police, 'Sponsors of such programs are, knowingly or otherwise, doing a dis-service 'to the country and a censorship that would rule these programs off the air is long overdue.' He admitted, however, that some juvenile programs are highly in- structive but advises that sponsors 'would be well-advised to do some house-cleaning^ and substitute some- thing educational for current 'thrill and horror' series. Rap Tracy' and fAnnie' "Bridgeport, April 18. Parent-teacher associations in vi- cinity are talcing up radio's chil- dren's shows and are moving to do something at>out serials detrimental to 'youngsters' nervous system.' Falrfleld and W'estport imits have thumbed down 'Dick Tracy,' 'Sheriff Bob' and 'Little Orphan Annie' and okayed NBC's Irene Wicker and CBS's 'Let's Pretend' and 'March of Games.' (Contined from Page 45) state legislation. Since the issue of constitutionality has not been pre- sented yet, he scrupulously avoided touching on this matter beyond re- marking the Florida judges thought there is 'grave doubf whether the state law is valfd. The highest court remanded the Washington case with Instructions to permit ASCAP to offer evidence tending' to establish Federal jurisdic- tion. In the Florida tiff, the de- cision was merely a go-ahead sign for the taking of testimony concern- ing the question of constitutionality. BiMk's View Outspoken criticism, of ASCAP characterized Justice Black's refusal to team up with his colleagues on the Florida case. He spoke repeatedly of the copyright group as a 'price- fixing monopoly,' asserting the in- junction should be dissolved and roiind-about attempts to test con- stitutionality of regulatory acts are liable to upset the entire operations of government In his unfriendly comments. Jus- tice Black held that the right of state legislatures to outlaw organizations which use their control over a prod- uct to dictate terms on which it may be used; In his eyes, ASCAP is a violator of a statute about which there is no doubt as to validity. Instead of bringing an injunction suit to prevent administration of the law, ASCAP should have waited un- til it was injured by enforcement Black maintained. Noted the 'Flor- ida attorney general and prosecut- ing officers disclaimed any thought of attacldng the copyright pool un- til it seeks 'to fix monopolistic prices.' Remarking that the sole question is the constitutionality of the law only after it is applied, he said: If the issue is not narrowed to this shigle point, approval is given to the enjoining of state officials from action which they have no duty to perform and have solemnly disclaimed both here and in the District Court.. .The people have not exercised their ex- clusive authority, by Constitutional amendment to strip the states of their power over price-fixing com- binations and thus raise monopoly above the traditional power of legis- laUve bodies.' SiroDg Dissent tinder the Florida statute, ASCAP can issue licenses any way it wishes and operate without restriction 'pro- vided only that they abandon mo- nopolistic price-fixing,' dissenter said. In blasting ASCAP, he declared: 'Both the very bill upon which the Injunction now approved was grant- ed and the affidavits of record estab- lish Ijeyond dispute appellees' fla- grant violation of the Florida law by combining to fix prices. This com- bination apparently includes prac- tically all (probably 95%) American and foreign copyright owners con- trolling rendition of copyrighted mu- sic for profit in the United States. 'Not . only does this combination fix prices' through a self-perpetuating tioard of 24 directors, but its power over the business' of musical rendi- tion Is so great that it can refuse to sell rights to single compositions and can and does require purchasers to take-at a monopoUstically fixed an- nual fee the entire repertory of all numbers controlled by the combina- tion. 'And these fees are not the same for like purchasers even in the same locality. Evidence shows that com- peting radio stations in the same city, operating on . the same power and serving the same''audience, are charged widely variant fees for identical performance rights, not be- cause of competition, but by the. exercise of monopoly power. 'Since It appears that music Is an essential. part of public entertain- ment for profit, radio stations or other businesses arbitrarily com- 'pelled to pay discriminatory fees are faced with price-fixing practices that could destroy them, because the So- ciety' has a monopoly of practically all—if not completely all—available music. 'When consideration is also given to the fact that an arbitrarily fixed lower rate Is granted to a favored sta.tion itself controlled by another instrument of public communication —a newspaper—the ultimate pos.<:i- bllities for control of the channels of public communcatioii and infor- mation are apparent 'We have here a prlce-flxing com- bination, that actually wields the power of life and death over every business In Florida, and elsewhere, dependent upon copyrighted musical compositions for existence. Such a monopolistic combination's cower to fix prices Is the power to destroy. Should a Court of Equity grant this combination the privilege of violat- ing a state antl-monopb^ law? Does a state law prohibiting such a com- bination present 'grave constitutional questions?' CUincernlng the question of juris- diction In the controversy. Black disagreed violently with his col- leagues on the highest bench.. He disagreed with the lower court's findings that over $3,000 is involved, with the remark that 'all that mem- bers of the Society have in com- mon Is their alleged right to violate with impunity the. Florida statute against price-fixing.' . Lumping sev- eral plaintiffs.'as a matter of con- venience and economy* does not have the effect of allowing the Fed- eral courts to entertain a petition which Is improperly presented, he held. ' 'A common desire to disregard a state law cannot serve as a common and undivided interest for pui'poses of Federal jurisdiction,' the dis- senter ' said, adding that there was ho showing ASCAP ever made or is likely to make 'any profit from its Florida activities. The record does show the Society had $60,000 worth of contracts in 1930, he admitted, but does not indicate what each of the 45,000 members might receive. He remarked the return might be as low as $1.50 apiece per year and said the cost of collecting royalties does not offer any excuse for Fed- eral ihtervention. Criticizing the lower court and his colleagues as well as the copyright- holders, Black maintained ASCAP should be compelled to ol>ey the law tmtil it has. t>eeh ruled invalid. Big bond ought to have' t>een required for tills purpose'and 'while the law is suspended, these now-resident ap- pellee's can carry on a monopolistic business in Florida contrary to its prohibitions, and the people of Florida who must pay monopoly prices are granted no protection.' The majority in the Florida case was satisfied with the showing that. $3,000 was involved, as well as with issuance of the temporary restrain- ing order. Referred to the allegation that three publishers value their copyrights' in excess of $1,000,000, that 1936 revenues were $59,306, that it would cost each Individual over $10,000 to create a collection agency and to prevent infringement, that the publishers get more than $50,000 from the pooL While similar con- tentions were made in the Wash- ington row, the district court held .there was no proof that more than $3,000 was involved. The Supreme Court ruled ASCAP entitled to pre. sent evidence backing up the affi- davits which were discarded. Beed's View Motion to dismiss ASCAP's plea for permanent injtmetlon was prop- erly denied in Florida, Justice Reed said. As long as the bill of com- plaint "makes an attack upon the constitutionality of a state statute, supported by factual allegations suf- ficiently strong, as here, to raise 'grave doubts of the constitutionality of the act' in the mind of the trial court' The way In which the law violates or harmonizes with the Fed- eral Constitution—the right to enjoy copyright protection, due process of law, and equal protection—will be clearer when the proceedings has been finished, he noted. Possibility of severe damage to the copyright-owners was mentioned by Justice Reed in the Florida de- cision. He remarked on the "irrep- arable injury' in the event the law in constitutional and said the pros- pect of loss while the issues are be- ing, settled warrant a temporary in- junction. Pennsy Model Was Florida Philadelphia, April 18. Anti-ASCAP biU which is pending before ihe legislature in Pennsy now is modeled after the Florida statute that was outlawed by the Supreme Court yeslterday.. The measure here had little influ- ential backing, and Rep. Charles Mel- chiorre, who Introduced it has had difficulty in attempts to get It out of committee, Itll probably be allowed to die there now. Landts Incorporate Mnsio Firm Albany, N. Y., April 18. Artists Music Corp. has. been chartered to conduct a business in- printing and publishing music books, etc. Capital stock is 2,200 shares, no par value. Directors are: Karl B. Landt Daniel B. Landt and John M. Landt N. Y. C. Karl Landt filed the Incorporation papers.