Variety (Sep 1939)

VARIETY MUSIC—DANCE BANDS Wedncsdaj, September 27, 1939 Musical Auto-Horn Introduced By Advertising Agency in N.Y. Suburbs Musical auto-horn is being intra- cluced as an advertising dcvica by Calkins 4c Holdcn, agency on the Snowdrift account. It haa arranged 4o use part of the chorus of 'WliL-itle While You Work' in a horn that will be installed in soundtracks plugging the cooking article around New York residential districts. Initial order by', the agency consists of six such horiK. License for the music has been ob- taijied by C&H through Harry Fox, publishers* agent and trustee, at 3 fee of $5 per horn. Horns of this typ« hava been In use on sightseeing buses around the New York World's Fair since the ex- position's opening April 30. The mel- ody in this instance has been 'The Sidewalks of New York.' Al Sherman's $150,000 Song Suit vs. ^own Suit asking $150,000. damages from Lew Brown, producer of the Broad- way musical, 'Yokel Boy,' and Chap- pell & Co., music publishers, was filed in N. Y. supreme court Monday (25) by Al Sherman, songwriter. He claims to be part-author of three of the 'Yokel Boy' tunes, published by Chappell, but denies having been given credit either in the billing or financially. Songs named are 'Let's Make Memories Tonight,' 'Rhythm Makes Me Wanna' and 'I Can't Afford to Dream.' Sherman, in the complaint filed by Julian T. Abeles, maintains that he wrote the first song in col- laboration with Brown and Walter Kent, the second with Kent, and third with Brown and Pern Daven- port. Sherman claims $25,000 financial loss and $25,000 damage to his repu- tation by his failure to have his name on each of the three songs. Defendants are ordered to file an an- swer by Oct. 16. Ork Taxes _ Continued from page 37_ Eddie Cherkose and William Lava eleffed 'We Ride,' to be sung in Re- public's serial, 'Zorro's Fighting Le- sion.' son for whom services are performed has the right to control and direct the individuals who perform the services not only as to the result to b-- accomplished by the work, but also as to the details and means by which that result is accomplished,' the decision explained. 'In determin- ing who is the employer of the mem- bers of an orchestra during a partic- ular engagement it is necessary to determine who has retained the right to control and direct the or- chestra not only as to the result to •he accomplished by the work, but also as to the details and means by which that result Is accomplished, and the answer to this question in any case depends upon the facts pre- sented in that case in the light'of the relevant portions of the regulations. 'It is essential that each case be considered separately. The leader and members of an orchestra may all be employees of the purchaser in view of the facts shown to exist in connection with one engagement and the same leader may be an in- dependent contractor and the mem- bers of the orchestra his employees under the facts of another engage- ment.' Buyer's Terms In most such instances the. pur- chaser lays down only general re- quirements covering the engagement, the Bureau noted. He often has no say in deciding the individuals mak- ing up the band, is not concerned, with the compensation paid difterent members, and does not dictate the way the services are to be rendered. In fixing the hours of appearance, the purchaser docs not retain actual cbntrol, even though the contract may state that the purchaser 'em- ploys' the band. But in the theatre case, the par- ticular band entered a contract with on exhibition firm through a book- ing agency. Pact gave the theatre management the right to require re- hearsals at any time, to specify cos- tumes, and to direct how the act is presented. The band leader agreed not to allow any change in the per- sonnel of the unit, was obligated to provide such photographs and pub- licity matter as the theatre called for and to furnish all orchestrations. Veto power over any objectionable part of the act was reserved by the management, which could order 'such additions, substitutions, or changes' in the act as it desired, Bunny Berigan RaUy Meeting of Bunny Berigan's creditors to prove claims, appoint a trustee and a committee of creditors to examine the bandleader is sched- uled for Oct. 5 at U. S. Court House, New York. Berigan filed a petition of bank- ruptcy past Aug. 31. CURFEW TO HIT NAMEORCHS INPin YESTERDAY'S HIT TODAY'S REQUEST I'M JUST WILD ABOUT HARRY Al Featured la rrBE Ro.\RiNa twenties" "IIAHES IN ARMS" "KOSK OF WA9HINCTO.V SQ." M. WITMARK * SONS l2Se 8l(tll Axnui Na* Yurll City. Pittsburgh, Sept. 2G. Music Corp. of America may lose its only regular local account, Wil- liam Penn hotel, this season unless Pennsylvania state liquor board re- vises its Saturday midnight curfew ruling. Hotel management figures to reopen its supper dance spot, Chatterl)OX, regardless, but will use oiily eight-piece local non-name out- fits if booze legislators refuse to step down on their ruling. WiUiam Penn and other cafe operators here are pointing out that Saturday is their one night to get off the nut and that biz will be killed if music must stop with booze sales at 12 mid- night. Big delegation of nitery owners from all over the state protested in body before board in Harrisburg re- cently, but so far there's been no answer. Midnight Saturday closing went into effect this week, with end of daylight time on Sunday (24). William Penn has been serviced for several years by MCA, which first put over such bands as Kay Kyser, Dick Stabile, Count Basie and Bernie Cummins at Chatterbox. Hotel says name touring outfits will be out of question unless board re- lents, and has already cancelled Clyde Lucas, who was sclieduled to reopen Chatterbox Oct. 12. BOB WEEMS' PROMOTION He Assumes Newly Created Post At General OfficB Woody Hennan Due Back At Famous Door, N. Y. Woody Herman orcheistra returns to the Famous Door, New York, Nov. 21 for eight weeks. Door is where the band gots its start early this year. Four Inkspots, currently at the New York Paramount with Glenn Miller's band, go in with the outfit. In meantime Herman opens at the Flamingo, Boston, formerly Lavage's, tomorrow night (Thursday) for four weeks. Teddy Powell, currently at the Famous Door, leaves Oct 22 to make way for Fats Waller, who stays till Herman comes in. In between the Flamingo and New York the Herman baMd fills theatre dates. General Arnusement Corp. has cre- ated the post of general sales man- ager in its organization and Bob Weems is being brought into the New York office to fill it. He will be succeeded as manager of the Chi- cago office by his brother, Art. Bob Weems' main assignment will be to coordinate the firm's branch offices on sales and to help keep them supplied with talent that can be offered to ballroom operators, hotels, etc. Music Notes Frederick Hollander and Frank I Loesser loaned by Paramount to Universal to write songs for 'Destry I Rides Again.' Johnny Burke and Jimmy Monaco are doing three numbers for Bing Crosby in Paramounl's 'The Road to Singapore.' Anthony Collins doing the musical direction on 'Allegheny Uprising' at RKO. Adolph Deutsch scoring '20,000 Years in Sing Sing' at Warners. Hlldegarde waxed six Noel Cow- ard songs for Decca, which will be released in album form. Werner. Janssen doing the scoring job on Walter Wanger's 'Send An- other Coffin.' 15 Best Sheet Music Sellers IWeek ending Sept. 23, 193B). •Over the Rainbow ('Wizard of Oz') Feist Man With the Mandolin Santly Beer Barrel Polka Shapiro ♦An Apple for the Teacher ('Star Maker'). ...Santly Cinderella Stay in My Arms Shapiro Sunrise Serenade ....Jewel Moon Love Famous •A Man and His Dream CStar Maker') Santly In an Eighteenth Century Drawing Room Circle Oh You Crazy Moon Witmark Day In-Day Out BVC To You Paramount • Blue Orchids Famous It Makes No Difference Now Southern Moonlight Serenade .Robblns *FiliwisicaI. Network Plugs, 8 iM. to 1 Al. Following is a fofaliration o/ the combined plugs of current tunes on. NBC (.WEAF and WJZ), and CBS (WABC) computed for the week from iVIonday throxigh Sunday (Sept. 18-2-l>. Tofnl represents. accnmt(!a!i>(f performancss on the two major networks from 8 a.m. to 1 a.m. Symbol * denotes film song, t leeit, alt' ollicrs nrc pop. TITLE PUBLISHES Over the Rainbow.. .♦Wizard of O-^ Feist Day In—Day Out BVC Man with the Mandolin Santly Oh You Crazy Moon Witmark .. For Tonight Remick ... To You Paramount Conies Love. ..tYolcel Boy Chappell .. Go Fly a Kite...'Star Maker ...Famous ... Melancholy Mood ...Harms .... Moonlight Serenade ..Robbins Lamp Is Low. GRAND TOT.IL 47 4(5 41 36 ,10 ;«) 29 20 29 2B .Robbins 2« What's New ...Witmark 2S You Taught Me to Love Again Spier 26 Are You Havin' Any Fun.. .tScanduls (Crawford 25 Cinderella, Stay in My Arms Shapiro 21 South of the Border Shapiro 2t' A Man and His Dream.. .'Star Mak.:r.. . ; Santly 2:i Good Morning. ..♦Babes in Arms Chappell 23 I'll Remember...♦She Married a Cop Miller 23 Running Through My Mind ABC 23 Ding Dong Witch Is Dead... ♦Wizard ot Oz Feist 21 Especially for You Shapiro 20 Goodnight My Beautiful... tScandals. Crawford 19 In an Eighteenth Century Drawing Room Circle !!• My Prayer .Skidmore 19 South American Way.. .tSlrects of Pari.s Harms 19 Start the Day Right...... ; ..Harms ........ IIJ Blue Orchids Famous 17 El Rancho Grande.... Marks IT I Poured My Heart Into a Song. ..'Secon iddle. Berlin 1" Little Man Who Wasn't There Robbins ^^ Moon Love Famous 17 Well All Right Leeds 17 An Apple for the Teacher,, .♦Star MaUor Santly H> Jumpin' Jive .Marks ; 1>> My Heqrt Has Wings. Red Star 1.^) This Heart of Mine... Mills }•' Baby Me .' ABC J| Beer Barrel Polka Shapiro J* If I Knew Then Chappell };> Last Two Weeks in July Berlin Vol Vistu Gaily Star Green Bros 13 Begin the Beguine Harms ]f Don't You Put the Bee on Me Roy if It's a Hundred to One. Miller Jl Back to Back. ..'Second Fiddle Berlin i» Goody Goodbye Olman la BALLROOM LEASED Brookhlser Ends 14-Year Tenure at Gultenberc, Iowa Cedar Rapids, la., Sept. 26. Danceiand ballroom changed hands with W. H. Wenkstern of Gut- tenberg, la,, acquiring, leas* from Frank Brookhlser-for--a reported $15,000. Brookhlser retiring after operating-estabiishTHent for 14 years. Wenkstern who has operated Lake- side ballroom at Guttenberg for six years will retain interest there but will move to Cedar Rapids to devote full time to new project. Spot has been reported sold sev- eral times this summer but deals simmered out. Situation in Cedar Rapids has been In chaotic condi- tion with Thornwood Gardens run- ning poor summer season and third hall remaining closed. Billy Sherman Leaves M. Spitalny, Joins 3uss« Pittsburgh, Sept. 26. Billy Sherman, featured singer with Maurice Spltalny for last flv« years, has left latter to Join Hein-y Busse in same capacity. No replace- ment will be made, SpiUlny plan- ning'to continue with only one-war-^ bicr, Faye Parker. Blanche LaBow is new singer with Dick Barrie's orchestra, succeeding Anita Boyer, Latter l3 Mrs. Barria in private life, and la reported to have recently split domestically a« well as professionally with her ba- toning husband. Milt Herth Trio, Oct. 20, week. Merrick theatre, Indianapolis. WE'RE WORKING ON THESE/ «|\VV " EDUIHRD B. mnRKS mUSIC CORPORRTIOn RCA BUILDING, RADIO CITY, N.Y. • FRANK HENNIGS, Gen. Prof. Mgr.