Variety (Aug 1940)

&2 MUSIC Wednesday*^ August 14, 1940 i NO RIGHT TO INTEREST IN Pro^rAin pircctbr bf KGVO, MissbuU^ Moiit;, ;E|*un- «ate» Theory T|^^ Deed* U ; to; the jObiintty foi* Unpaid Perforniahte : Irv,iriB Berlin views' a letter : fi"pm Jatrtnis Alden Barbissr, program di- recldr : of Station KOVO.T Mi^oula, ■ Mont:,. With frank suspicion. The lat- ■' ter wrot^ the .son"gsmith ah 'open let- ter" With the sUggestipii.t^ 'pod Bless .America'. be. thrown into the tihrestricted class. In Berlin's reply, the soiigwritief - piienly stated :;th *y6u r. letter obvipiisly. has iot its true purppsi an attack- upon . the Aniericaii Society ' pf .Comppsers, Aiithprs and Publishers/which r sents ■ the soh^writiers of the .wprid , igafnst statibnsv such as yours which seem win ing' and ^ anxious tp conifis^ cate fpr their free us^ all music, that :it does, not merit any reply in" respeot ' of the suggestions .inade and intended as a peg upon ■ which to ^hang ypur ■ ■:; dttack.-..-;.; ^ Long : before, Barber^s proposal, Berlin states he weighed the idea of tiltimately making. his ;'God Bless Ameri ' free for all .iusages, but un- der h is scieritifically mapped plaii to preserve :the longevity of; the song, fespecrally.: in. view of its economic benefit to the Boy and Girl Scouts of . America, to whom: all Tbyalties are given outright, he has- b^ restricting the number arid, types of performances; Everitually, howevier, he wilt have to take off, all litnita- tions but the. fact that the sphg has' now. gone over 500,000 ifi sales which, at tiie; 8c. rpyaityi plus accruing m^chanicaisf, has already earned gpnie .$50,000 for the Scouts, substanr; iiates h^ judgment, Berlin believes. Cbprus Did U ^ Right now Harry. Richnian is pout- ing/ at Berlin, Inc., for curbing ^the song's/ performance ;becausie Berlin took exceiition to : a' chorus-girl routine while the singer : wis at the Chez Palree; Chicajgo, recentlyi That's precisely the way /Berlin; .dpesn't warit the iiallad handled, hence the strict; ASCAP'restrictioh. { iDUe to the increiaisirig American' defensfe problem the song has .taken a tremendous jump in recent; weelts, the last three vespecially being ab- .norrnal,; Sprne 8,000. copies a week hay^moveid out to the stockroom to deklers, against the average 3,000r :4,00b copies per^ week. ; . ■ Berlin's brushpff to radioman Bar- ber is pxeluded by *t;. try always to ; be .courteous and^ it is for that reav .ion ialone that I acknowledge receipt of your .=op<in letter' of July 22, The suggestions contained therein as. tp the disposal which I should make of the song. 'God Bless America' would I think be in much better taste if ad- vanced by an . executive of a; radio station which -had. not been a 'party ?s • to defrauding, composers and authors ot their rpyalties, for a period of years, under legal ■ hiachiriations . which made it possible for them -so ■to do.^- ■ ■:. • Biarljei'i original; letter to Berlin follows: ' ■■ (Copy) .An Open Letter to. Irving Berlin. . pear Mr.'BerIin;-'-' . .,/ We have noted with approval ahd applause iyPiir magrianimpus - . gestui-e in. turning over tp:; the ■ Boy and ■ Girl Scouts, of America the .royal ties derived from your patriotic hymn; ■God Bless A •■..^icaj ■ and.; the.-, stirririg, if some- ; vi'hat unnecessary . defense of your actions- in the .matter,; by ■ .• ■Variety., ^If more bt;ihe.revenui . .derived; fay rASCAP- ' ahd Us -i itavpred . few composers Was-put to .some charit^ible and' Jworth-': : while use, perhaps broadcasters wbuid not. protest soi^ ..mluch at- ^ ' the bieedirig, they have- suffered .. from thit organization. . Your gesture in turning Over ■■■ V the 'God Bless America* royal- ties to the. Scouts is a-: patriotic.: Mr.; Berlin, but it is not ; . ' ehoLi£!h.; •' I .respectfully submit\ tljat you are -in the position of . having written a song that no longer belongs to; you, to, Miss. • Kate Smith, or even to ASCAP; , It rightfully belongs tp the Ameri- ' can p6pple as ■ whole, ;You -' >, have a duty to the nation to retrieve thiS: song from .■ the^ /:AS(5;:AP: giip. and make it .ayai able to the American. people . without . re.sti'iction—even with- \ .but the restriction that no one can sing it dver .the air biit Miiss . '•■Smith-:.;-' 'y':- ,\ '.' Yoii have surpassed; yoiii'self. ; Jn writlng./IGpd Blesi..;Am.eric^ : Mr.. Berliii. Oh.-;^'ll,. grant ydu thai you've; written great songs ' ' befPre-r-rbtit tiiey Were^^^;^ Pan Alley . Mr. Berlin, and tliey rarely; rose ibove the tawdiy . seifitimentality \ ! 'that: makes a, Tin v^Pan Alley song a . success. . ,Wlien . you,: put' of a ' . heart fuli.; .of gratitude ' to tlie^ .Poijntry whose people's accept- ance of yopii"ditties.-nniade. you success,. wrbte-Vthis hymni you :woh;for ypuvself an acciaim ani /-an.immbrtality.tHat will fiar out- last; ttie catch^ little .' rhythm of : 'Alexander's Riag-time Band.' 500; years frpm- now. some scientist vriiay . .ti n ear th a copy of one of 'your ..•Tin Pan -Alley effusiops^ . :play it ovesr and wphdcr why ,bn earth it ever achieved' any suc^!- . cess. But if he vcomes across, a; .' copy of .'God Bless America^he'll ; sense the genuine..emotiori;: of. its, lyrics,; the . moving simplicity of . its . rhelbdy, and-, he'll; call /you great :.because of it,: hot because ; bf ; anything ^eL-ie youV may have achieved. And; that . Mr. Berlin - iSi or should, be,; your only re^ ward for having written 'God Bleiss America/, Even ASCAP ■ can't change ;the. faict .that^ the.; ' greatest- deeds men ,dci. .rarely .. bring theth more'than the glPry of . haying ach ieved /greatness; If you were- one of the 'starv- ^ Ing composers' \ whpm ASCAP claim.<!. it' sustairts ;against . thtf pred^tpry instincts; of .the. broad-: caster.Si it might be unjust to asfc you to give." tip ypur peirsonal . rights.; \ : 'dpd . Bless America.* But since you are ■.obviously not in need, of the royalties frpm this ..; sPng, we suggest; that you' give .this :song to the'A'merican people with np' strings attached; In. re- turn, and.because such, action on your,' part., would. . take ;/those ; royalties away frpnn<the Boy and; Girl- Scouts. the. American pep-/ p!e Will pledge themselves; to; continue to suoport ; thbse; two . , .grand br.^anizatioris with all the money, they need^, just as ; they hayier. always done. : You^ .Mr! Berlin, hay^ ho more right :to a persbnal interest in; 'God; Bless America'- tha.n tliev (Jescendants of .Abraham Liricblh have a right , to a restric.tirig copyright on the Gettysburg Ad- dress. •■ That great ; document ;; passed, jhto the' public domain as the words fell from;his lips. I dare to suggest, ; Mi". . Berlin, that, you present ypur song to . the ' United States Gbvernnierit,. so that, it may be. played and sun?, everywhere, at •any ; time, without, the pbssibility that, an "[ ASCAP could as.^es.s punitive measures again.st a musician, singer, , hotel, a 'barropm, a - church, or a radib slatipn, whose ■ patriotism; led to ah. infringe- ment-. bf ' youp;; atid ASCAP's, ;'doubtful rights; iii the 'perform:;- ;':ance of:the song;,-; ' ■ ;Patri.oticaily.ybur's, ■■ ■ ■ ;■"•■: : - Radio. Station KGV6 ' '^^'Vy . ' JaThe* Alden Bnrber,. . .; . . . VP/'bjrrrtm p^rect^^ Ike Ragoh fiesi^ 'V ;'.-.^ . . ■ Kartsas Gity^-AiigV; 13, Ike Ji agon.; jformbr; /orch .leader, again, is taking 'up the baton to head a grDUp formerly uhcier' direction of Herb; Hiaskelt..; Crew is. cbriipleting a SUmnler /.engagemient-;atV, Shadow Lake 'in^Noej,; .Mb.,.;C)zark; resort town.;'■••.■■'•■.■ '■ ' : Ke.W leader h£|s .Pr&'w. of 12; with; Dbrbthy/ Reid /a.s soloist. ■ Ragon for- me.Fly held sliot as arranger and first trumpet ; fpr Boyd Raeburn. :. About fiive years ago he headed a fecptding crew-for Vocalipri, ahd/.has string of compositibns to his credit. - ■' . .; /FPllbwing -completion, of Us con-: tract ;at Shadow Lakb; Sept. 2, .band, will :go.east for string pf; dates.' - It's under ; nianagernerit of: Biert Ktiigh- tph, - fprmer manager fPr . busty Rhoades and Ptiil Levant. ■:[■.'■■'■ /':-SeVehi; .:<ibpyright . song infririge- meht siaits rpUed into brie;;.were filed ■in .the. N.Y».federal; court: Thiirsday (8) by Harry Vop jfl'ilzer and the Harry Von; Tilzer - Music Publishing Cb;, against Jerry ybgei/Music Co.- lnc:>/ Jimmy Lucas, :WiIUanT:.t)illori, jack Mahoriey, Jennie ,, A, ;Browne Tjifiu'l, the - estiate of Howard Gra- harh, and ;the estate of " Jean .Hayeiz.^^^ ' Actions ; ;seek ; , an - Injunction against further publicatiph and an accounting of; /prpflts; /rpysilties and damages. The first song involved ''Down on the Farm,' music to which was written by Von Tilzer in 1902. Ray- mond Browne assisted Vbn Tilzer in revising the lyric's. A hew copyright was / sebured/ in 1930, and subse- quently Vogel also published the song, claiming tb have been assigned the. song bjr Jennie Tafuri, widbw bf Browne/ The second song is 'I ■Want a Girl Just Liike the Girl Who Married Dear Old pad,'':Wrilteri In 1911 with billon revising the lyrics. A renewal of cppyright was seciirbd in 1938, ahd Vbgel is accused of having infringed by later publica- tion/ claiming, assignment from Dillon. The third song' written in 1911 is 'All Alone,' also in collabo- ration . with Dillon, with the renewal being secured in 1938, and. Vogel having .;/ published // subsequently, again claiming assignment. :; The fourth, written in 1908, is 'Summer- ' time,' with Jack - Mahoney having written t*he secpnd verse of the lyrics. A renewail was' Secured in; 1935, and Vogel, claiming assign- ment, published subsequently. The fifth song,. 'I'll Lend You Everything . I've Got . Except My Wife,' Was written in. 1910, .with the lyrics by. Jean; Haivez.. ■ Here the re- newal was secured in 1938, with .Vogel publishing thereafter, claim- ing assignment from the estate of Havez. The sixth ; song is .'When Harvest Days are Over, Jessie Dear.'- written in / 1900,1 . with lyrics by Andrew Sterling. Copyright oh this one was re- newed in 1928, aind the "defendant. i^ accused bf having infringed siibse-. qujeritlyi T^^ the seven; is 'I LbVe. I Love, I LpVe My Wife, But Oh You Kid,- written in 1910 with the title suggested by Jimmy Lucas.; The song was renewed ,1928,; and it is / claimed the defendant Vpgel subsequently published . ah inferior song entitled 'I Lpve My Wife But Oh You Kid,* wbich is sp similar .in ■title to; the;plaintiff's' work, that much in; the v^ay bf . royalties has bec^n lost, through on the part bf the buying public■ which believed if was purchasing the plaintiffs'song. Biiiy Hinds booked for both Butler (Pa.) VGoUnty; and'Allegheny; (Pitted burgh) County Faiirs in/September. • He's the KbKA, Pitt;;arthpuncer'^whp organized couple of months agp and broke in there at Hotel Schenley. Woody ; tiernian tPpped; the all- timb record Saturday (3) at Hunt's Pavilion,' Wildwood. -N. J., by draw- ing 3,500 customers. . Network Plugs. 8 AJH. to 1 A.M. Following is d totalization of fht combined plugs of current tuiiea o« NBC (WEAF and WJZ) and CBS^ (WAfiC) coniputed lor the loccfc from Monday through Sunday iAug,: ; 5-11), Total ^ represents a ccumuloted performances, on tlie two major, networks from .* a.m. to I d.m. Symbol • denotes film song, , f stage mustcats, all Others aire pop. Parenthetic tmmcrol aiter the title indicates how many ivecUs the sonfj has s/iotun wp in ihesa : listings. ' \' '\ '.. •'' '■ ' '.^ " .'' ' '' •/. . PUBLISHER ,: ./i...; V .... .'Sun Purchase.;. Berlin .. ..... . ....BVC ... , .,.. .....'. Shapiro^ , . BMI . . . ■ TITLE I'll Never Smile Again (9). . .. . . . . ...;;.. You're Lonely and Tifj Lonely (13), . . tLa Fools Rush In (11 )V.. v;.v, •>... /;. Sierra Sue (14).../,; .;', Practice Makes Perfect (2);.'. ^^. ..■.•.',,...'. When the Swallows Come Back (7).v........ . .... Witmark . Mister Meadqwlark (8)...,/.....;.. ..;'. . . .;... ...;..;. Mercer .. Danny Boy (14),,:;....;;....;/..;;;,. .. / .. .. .v.; ./American I'm Nobody's Baby (9)...*Andy Hardy Meets Deb;.. . .Feist ... All This, and Heaven TPo (8 )... *ATHTv...,,.'.,.... . Remick .. Blueberry Hill (5).. ....-.....-..;..................;...:.. ..Chapneil I'm Stepping Out With a/Meihory/TPnight (9).,......... Robbihs i, Sii Lessons from Madanie La Zonga (9).... \ ..;, . . ,,.. BVC .;, Breeze-and I (15).. . ... . . . v.........;. Marks . ;, Nearness Pf Ycu (9)............ ..;. . .;.;;.;.. Famous Orchids for Remembrance (6);,.........;.......... ■. /'. Miller .,. That's fbr Me (1)... 'Rhythm Ph the.,Rivei% ....,;.. /;.. .Famous You Can't Brush Me Off (11). . / tLouisiana Purchase; ..Berlin . C3et the Mbon Out pf Your Eyes (11).... .. Paramount Same Old Story (2). I Can't Get Indiana Off My Mirid (2)i ... I Can't Resist You (12)../.. i- . v.. ..; ....... i... I Can't Love" You Any More (15) ......... V :■: Hear My Song, Violetta (12).. .... / ....-...;./.. /: Ycu. Think of Ev'rything (2).. . tAquacade. It's a Lovely Day Tomprrbw (5) .. . tLa. Purchase.; Love Lies (2). /,. i> i .>. > / ..v., ; ....... :.. / v. Never Took a Lesson in My Life. ,(2). i. /.. v..... We Could Make Such Beautiful Music (6) . . , .> . i . Call of the Canyon (2)....... . „ .,. .'. . i.. .... Make-Beiieve Island (16);. :.;. : .,.... ...;.'...'-.-.■;.. ; Meet the Sun Halfway; (14)../,*«'1 Had My Way.. On/a Simmery Sumihery Day (2), . .;.....; Imagination (18).....;/...;;....;.. .v.. /..;^. ■Maybe .(2). ,. ;v..-'..'. .;:..-i. ;.■.';.'.> ... v.....,...... :, Polkadots and Moonbeams (7)... ....;... ....;.. ^. . A Lover's LuHabye' (8)..;.;. . . . . ; . .. v:, And So Do I (2).;../;../...'/... Down by the O-hi-o (7)..; ,,.......... ....... Fable of the Rose (7). • ■ •.'..,."• Halfway Down :the Street (5).... .i ..;....; /..., Mbon Won't talk (2)......... ..;■'......... Playmates (19) ► ... /......... / . v>.. Sailing Through the Sunbeams (1)..../.,/;..... Where Was I? (19)... .*.'Til We Meet Again;,:..:.. Woodpecker Song (20) .. .; ....; ......./..... , Devil May Care (11).; . .;...... :.;:....;. v/...., Please Take a Letter, Miss Brown (5) ; .> .: ... /..,, ShPuti-1 Ani.an American. (1);.. ......; There f ; Gb (2). i i..;., / ;; i.V.; V... i.;..;.. V.., Trade Winds ii) .. . 'V.v ./;;;.. /. / Where Do You Keep Your Heart? (1);..,... . . ...., .. .;BMl; ;.:^Santly; ;.. A.ger . ... Olman . ^..... .., Crawford .. ; .. ..Robbins ,. ... .Berlin .....;,. ... . Feist • .., ...ABC ;■....'....;.,; ..;.BMI... ;.,. Shapiro /. .. . . . . ,. . y Miller.:..". /..:., :. .; Santly.- . ..>;.; ,. . Leeds .:'.;/:.; , . ; ..ABC ... . ... ,.'. .' Robbins .■'-....; ...ABC ......... . . . .Tewel . .-. ;• V.;. ;v....Marks' ./ /. Forster .......... .., Harms ,...; / /'. ,... Woi'd.s-Music .. ... Regent ..;. Santly;...'.'-/.. . . ~.Lbeb-Lissauer. . . Remick- .. .-.. Robbin/s ....... ;.. Witmark . /,; . /: -.., Parainpuht . ... Mercer ... -. /. ;..BMi .. ,".Harms ., ,.. . Harms .'. GRAND TOTAL 41 33 32 :■... 32 •Hi. 29 .... 29 >'V,. 28 '•-..- 27 •... 27 •.;. 26 '.•■^ 24 • •. 24 ■ ''.24. • •..23. '•'•... 23 • •...19 19 18 >;.^/; 17. ../ 17 .... 18 15 14 13. ..... 13 12 12 12 12 .... 11 ..... U r;..;;\.ii .11 .. 10. 10 ..... 10 /.-;'■.. ^:-'9- ...i 9 9 9 9 ; 9 9 9 8 9 8 8 8 8 8 8 JACK ME AKIN ORCH (13) With Patricia Norman Riviera, Pittsburrh . Jack Meakin has something here. Outfit is less than fbur months old but it's going places. Maestro; himr self "both musician and arranger, having been/5taff band cohductpr; fbr NBC on Coast fpr;several years. .Vin his featured singer, Patricia Norman (Mrs. Meakir))/ he has a gilt-edged asset.: She-s^ the gal whose ;record (with Eddy Duchin) of 'Old Man Mose • Kicked the Bucket* .sold over a, million copies and who has been a name in the band biz ever since. orchestra has .five reeds, bass, drums, four brass, piahb ahd 'Mea- kin at the Nbvachord when he isn't batoning. And it's the reed section, around which, everything is built, that's going tP get newcbnier to.the ranks talked about. In it, in addi- tion to tjie regular sax-clarinet dual- crs, are three flutes, t>Va .bass clari- nets, oboe, piccolo and English horn, and what Meakin has/done with this layout is bonafide ear magic. ; .Even in flock Pf swing arrange- ments, he has, his usual reeds beat- ing out and counter-melody against the;bra.ss department is a socko/ idea' but/ actually makes musical sense, Meakin. hand-nicked his men out of the New York local, and he's been that not only sounds good on paper liicky in grabbing, off a bunch of mu- sicians whQ;have somethihg on the ball a-s soloists as : well as; Company men; If he can only keep 'em to- gether until the right/ break cbines. along. Meakin's /certain to land among the top-nbtchers, and swiftly, too, V;■' ; ■• ;.; ■ ■/ ■' '■ • ■ For a leader, he has what it takes! Meakin's young, gbod-looking,: per- sonable and:; has /a natural ease but .frbnt that's^ bound to miake- ringside friends; He does most of his own afrangemeiits, and they run out the string, although getting some help now pn that end from oboist Ben Harrod, who used to be" chief ar- ranger for Lehnie Haytoni'c The set- up has the out-of-ordinary reeds fea- tured chiefly , in the ballads; going into the jive stuff only occasionally, and the result is melodic magic. Brass section has what it takes, too. Miss Norman is cutester who gets plenty out of a tune. Gar started several years ago with Paul Pen- darvis, and _was ;a j^ocal fave with him at; the William Penn Hotel's Chatterbox, but since has improved i.n ppise, delivery and alsp voicb. She's a hardiWorker, giving out every third number or so and / then stepping down on the dance floor cbuDle of fi;nes an evening to sell a cycle, ivhich the crowd eats up. Miss Norman is:the type who can dp a slightly off-color ditty, such as 'LoSt It at the AstPr,' ahd shoot it across like a nursery^ rhyme. It's what sha does, with her eyes. ; Meaij,in also carries two male vo- calists. Johnny MacAfee, formerly \vith buchin, who specializes on the pops, arid ; Jphnrt'y Smith, ,bn tho cbmedy stuff.. Each is.there 'in his bwn right and they pair off well with Miss ■ Norman in trios; and duets. Meakin's Novachording is' plenty high-class, and his frequent accom-' pampients. for Miss Norman are • gl-eat'bieak for the niissus. Harid io see how this, butfit.ean miss., ' Cohen, CARL RAVAZZA ORCHESTRA Sky-Hy" Roof, Hotel Continental ; Kansas City, Missdari / This aggregation in at the Gphtin- ental for a three-week stand is of west coast origination. The leader put his crew tbg'ether about a year agb, and most of a year was spent at the Mark Hopkins hotel in San Francisco, Current trip is its first eastward and thus far has included only dates in Chicago and St. Louis along with a few one-nighters be- fore coming in here. Essentially the groUp is organized for a hotel spot as Ravazza has no jive in his album and uses swing only once in three or four numbers. Group is keyed by the violin, sec- tion and the leader's fiddling to the .softer and Sweeter tempoes. In addi- tioh the piaho thumping of • Neil Bohdshuei who alsP draws salary as arranger, is featured. ' in a vocal way Ravazza handles the solo wbrk himself giving out in; a baritone range. A'so takes the; m.c; chore and has. a set .of good looks to bolster his. work. - Band is long on Ipecial vbtal arrangbments as a quartet. The Four of Us, and :a glee . club take regular turn.?.; The violin tirio. besides the leader, carries Joe Cpates and Russell pox- sbras; / who '■: doubles on guitar.' ;A fourth violin is;av.ailabliB;from Mai'' / shall Cram who spends .his- main tinie /slidmg the .trombbhe. ; Pair, of trumpets are Paul DUrant and Bud Grossman, cbmpletihg the brass,. In reeds the orch /has; Gebirge Porter, Les - Randolph ahd Paul Faria, and personnel is completed by George Hewitt at the drums and Jack Mc- Gager on the string" bass, Duraiid,. Porter,: Randolph and Ravazza make .. up the FoUr of Us.; and glce/cUib' includes all except drums, piano and iuitar; whoTiPld to their instrunients. . Band is similar to styles Pf others brought into this. summer spot, and rates well though hot to the stand- ard of George Hamilton who opened . the room. Distinctly different than bands frorh the east; where a more brassy . style is. characteristic or where swing- has a more prominent part. ' <?ut»i.: - ••»«BCTt1»»j(-.UT.V--i-:.r;:....r-