Variety (Aug 1940)

%c«lnesaayf August l4, {Presented Herewith, as o Weekly tobUUi^lon, Is the estlwatfd cower 1 rto business being doni by naiM baiids in varioiis J^ctw York hotels, ni V bwsiTicss (7-10 P.Af.) hot roted; figT^ries fl/(er'name of hotel give '""^/i/iTinritu and cover charge, Larger amoiirii designdt^s tiieekiend and Hotel .Lincbln (225; SOc^l);.y;, SilSgan.v:v.Pennsylvama(500;:75c-$1.50^^^^^^ TnmmV lior^ey*,. Astor (900; 75c-$l)..... • • • ■...... • »• SJ^nney*.Lexington (300; 75c,$1^50)..v....; AlJiriS Rey. .v.. .BUtmbr* (300; $l-$h50);..;. . .v.v.. Cover* tVe«kii : Paitt Hayea Week. 1 • t 12 13 \7 ,450 675 525 3,225 1,275 425 ..Total. C/»ver'it 06 Uiit« • 450 675 ^ 525 37,22ft 16,871 4,220 * AsHtis^s^^^^^^^^ a:*\ippoHiiig lloqf shoWy aXt^^ the band is the Allc^ges Bopkihg IrfejfuUrities I Cp?t; H Bui'ns fit AfM Threat oil Stabile - Donaliue Unmovable : Ar i).briahxi€ har been barred by the American. Federation of Musi- cians from >>vjtchihg his booking af- filiation . troni General Amusement Ciorp. /to the' WiUiarn Morris office lintil ; October, when hiS; coritracV with ihe .former organizatipn ex- pires. Ruling was. made after - Frahlc Wailsh; Donahues manager, had cite GAC before' the ..union for an ad- judicatioh of the contract dispute be- ;twee.n. the ;bahd leader and the^^.GAC. iyrorpis office ha pohiahue .set for f> stay this month/ at. the Chez .Paris, Chicago. .liight . ciub; and MUSIC 35 WB 'Brkish A Suit of Serge Adeiheini, .assignee of one Beresohsky, Russian composer . (first naihe. unknown), sigainst: War-- her . Bros. , PictUresj . Inc.;. wai ; - vealed Wednesday (7) in the N. ..Y;- supreme, court 'When the film com- piany filed :an application .for a dis^ misisal on the ■grpiirids thiat the court. had no , jurisdicatioh . bver. /the- mat- tv, and the complaint latied to islate General a cause bf. actibh. W:afners' .request Amusement" had put Donahue on twill be argued.Aug. 16. : . notice against acceptinig the date. In 1 / Adelheim seeks . $5,000 damages, addition to warning the Morris I'Clajming.that the Warner film 'Brit- fice against interfering meanwhile ' :i ish Agent.' used a song., entitled .-Be the relations between Dbnahtie ^ahd , Still My Grief, Be Still,' written by GAC the union made it plain to! Beresorisky. ' General Amusement that ' it must] ■ . '■■ - ' ■ — — —' . - make every effort possible to obtain ■ ffjjQg^ RlflTOUS^CAFE Philadelphia, Aug. 13. Frank Palumbo, who operates the Digbt club here bearing his name, the Renaui t Tavern: in- Atlahtib Ci ty. and the Club Avaloh iri MVildwood,, R J;, Vfijed: -suit ^on: .Thursday. (8) - in United Slates ' District Cour ftgajrist Music: Cbrpbratibh of. Ariierr ica, asking: for'$25,000 damages on: breach of:contract charges inyolyihjg lli^ bookihg of bands by that office ipr his: Renault Tavern. Suit was filed by -Edward- 'W. Piiria and Charlie Sblit, Pal'uihbb's attorneys, end papers were served the same day on Dick Ingra;mi. exclusive booker for the .spot. Ingram opened his: own office .here seveiral years agb after leaving. Rockweil-O'Keefe in New York, Although not jbined as defendant.-'Ingram is. characterized in the bill of complaint as an em- ployee or agent for MCA. " Faiumbo's burn came on the heels ct a ruling: from the AFM ih^t he .would have to honor Dick Stabile's contract or stand the" possibility of having all his three niteries placed on the union blackball cbliimn;: As a result, Sonny James, booked in by (Consolidated Radio Artists, pulifcd cut. Saturday .(10) to let Stabile, lined up by: MCA earlier in the season, play the week he. lost . out when he cancelled a week .of. one- nighters to make the . Atlaniic City spot. Since then MCA lost the ac- counl to CRA, which had it brigin- Blly, only to lose it before the season' started when they cbuldn't clear dance remote time on CBS. There ■ no y^BC outlet at the seashore resort.: James, comes back- Satur- day (17).: • Sub Musicians . Allegations made in the bill of complaint are many. First of all, claims that MCA failed to make the jpersonnel pi the bands :kin)wn with. Ihe-result that substitute miisicians; were being used. Further, charges his contract gave him protection on Ihe bands,' providing thait they v/ouldn't play in the vicinity of the 'resort during the 1940 summer sea- son, but. one of the bands did play in the vicinity just before coming, in lor him; Contract was further voided, bill alleges,. when the promised network time wasn't ibrthcoming. : - Claims MCA binder guaranteed two and a half hours of network shots a week and the agency failed to deliver. Also averis that contract with. MCA providfed : th*>t iit . a band proved unprofltable,: plaintiff had the priv- ilege of canceiling aU future -con-^ tracts on bands. As a .re:suVt, cl'ims thait he engaged another ibiand with, the full rknowl^ . edge of the defendant. However, Stabile, priginally set lor two weeks, insj.sted on g<Ktihg.in that one we^k he lost - oh the canGelled -^bhe-n.iters. Union subsequently: upheld Stabile; '. While ' the b.iU: of .complaint'^^^m^^ tions only the Stabile situation; MCA bands leferred to; can only mean Eddie LeBarpn and Iria Ray Hutton, each playing two . \veeks for thie office with j.ajries iollbwinig Hutton for CRA. It is. known that LeBaron .had ;to, call on sub musicians the night he opeiVedi several boyS in the band being banged up in an aiito accident 'while miking the Atlantic City jump from the Baker Hotel in Dallas. Also, Ina Ray played a, one- niter the Saturday previous, to her opening for Pal umbo at the Gateway Casino, nitery just outside of Atlan- tic. City at Somers Point, Opening night at Renault Tavet-n almost: created ■ a.' similar • situation wiih two bands hbldin'g Contracts ready to play. Don Bestor,- originally set 'to start the fbr'tnightly. CftA'baiid parade, called Pal umbo the day be- fore and said he \yas set to go. Union at that, time nullified Bestor's contract and cleared - the way for Eddie LeBaron to open for MCA. Most ■ of- the. remotes during Le- .Baron's tenur were blitzed by the Petrillo-radio remote strike and -political conventioning. work: for Donahue between nOw and Octbber. IN ATLANTIC CITY Atlanta. Aug, 13: American Federatibh of -Musicians last week- threatehed to, withdraw union : mu.<;iciiahs from '. this biirg's Henry Grady Hotel as result of:boy- cbtt irnipbsied' on hostelry .by Atlanta Federation of Trades .resulting from alleged dismissal of two union em- ployees. Threatened' withdrawal of union .footers, from hotel was. cbn- tained in; telegram from .James C. Petrillo, prez of American Federa- tion of Musicians, to Juddie Jbhnsbn, manager ' of hotel's Spanish - Room, town's only, dine and dance spbt ac- tive in summer months. Johnson, declining to affirm 'or deny receipt of Petrillo's ultimatum, which givfes hotel' until Aug. 24 to settle its differences with union, said: 'The Spanish 'Room, will continue to have rnusic from now ' ■ . pickets are ori duty at both front and side: entrances of Henry Grady, and .union taxi, drivers are lending sympathy by. refusing to pick up or discharge, passengers at hotel. Walter Powell orchestira; featuring Woody and . Betty,. arre current in Henry Grady's Spanish Room. : . Atlantic C:ity. Aug.' 13. New Jersey's C!ourt .of Chancery raised -its eyebrow Thursday (8> at the R'enault .'Tavern'^.-after-nriidnigh't ji.bises: . The - sw'anfc'Tr^yr^ next dobr; complained this Board'-- walk niterie was. keeping its' guests awake^ iind after listening to lawyers, on both sides ' for ; hour, Vice- Chancellor W. F. Sooy' issued an :' - junction against the tavern. / .Injunction prohibits Reiiault Tav- ern from beating tom-toms and' drums, and sounding cy.mbials and brasses after m'dnight 'i 'such manner as to.disturb hotel ■guests!' .' Iha: Ray ; Hutton, whose . band leift the tavern a week previously, would have been plenty sore to , hear the defense put:up iby Frank Palumbb arid- Jbhn D'Agostino, proprietors of the tavern. . Palumbo said Miss But- ton 'disobeyed my instructions iand played loiid music/ Then; he purred: '...but our present band. Sonny James', plays music that's soft, sweet and soothing.* :Detroit, Aug. 13.' : .Neighbors of Bob's' Swing Bowl, ], nickel-in-slotling: at .Deai'borii,v De- trbit subtirb;. ■'. decided last ,' week;: they'd had enough of juvienile, ex-, bberance arid decided -to :,do some- thing: about, it. A petition signed by . 100 swing-weary neighbbrs was sub- mitted to the City (Council demand- ing that the Swing Bowl license he revoked. ;But youth re'V'olted arid . marched en masse on the council bearing placards" Which ^creamed 'Keep the. Swing Bowl; Open' and :'We Like Pop and Ice, Cream-r-Nct Beer and Whiskey.' -:', :: . ;.■ : : The petitioners weren't sure about: the latter, however. They said some Of the kids carried flasks, and that there we re: em pties strewn On, neigh- boring lawns. ,-V\ ■ ' \ :Petting parties::\vere al.so,,fi"e^ they , said, and there was much pro- fane and . .obsbene iangu.ifie. Com- plainants also objected to the im- prdmpitu and uproarious riiotor'cyctev parades which were held around the Bowl. They said as many as 15 cyclists took part at a time, with' the intent- bt . innpresbing their girl friends. , . .Councilman ■ Cjlarence Dbyle be- came rug-cutters' friend by re- marking that the. fault vvas that of the police department lor not curb- ing .excessive noise. He poi.nted out that. Hobarf Hirsch, the propriietor, kept good order within the Bowl, but couldn't be held responsible for 'the, outside ra:cket. The co.mplaint all :,ended /witk Council nnennibers promising .^ithat the ' noise outside the Swing Bowl would be: stopped. . Inkide .iVIiller,:the. Dor.seys, Krupa et. ill will:continue, to delight the unrestrained patrons of the district'* mbst pbpular juke box joint. Witmark's Blossom Rights Witmark end of the Warner Bro^. publishing group has obtained the copyright renewals on the works of the" late Harry Blossom. Deal was made with the latter's widow, Mary Wilison Blossom; Blossom wrote the lyrics for a number of Victor Herbert's operettas, including 'Madamoiselle Modiste,' 'Princess Pat,' 'Aileen' aiid -The Only Girl.' ■ - Gentlemen of From - - . SHAPmp; SEELEN AND LEE Writers of . ''Who Gets Top Billing?'' ■ Starrihg . *Harry, Sophie and Joe' at Ben Mar den's Riviera Petnllo Keeps Park Job Chicago, Aug. 13. James C; petrillo. President; American Federatiori of.' MusiCiahs airid of . Chicago-, local AFM, was .re- appointed ..a /Cbmniissioner of Chi- cago Park Board Friday ; (9), by Mayor Edward J. Kelly. . Appointment Is for lour more' years. Ma.ry Marshall's all-girl band is at Craig Beach, near Youngstown, ,0. TOMMY REYNOLDS DUE INTO PARAMOUNT, N,Y. Tommy Reynolds, who's ~ been at' the Playland Casino, Rye, N. Y., lor the season, inked .a; long term con- tract with MCA: which provides for n stand at the ■ Paramount theatre, N,, Y., early in October., • , Siniiiltaneoiis with the agreement's consummation the Ipllbwing: changes have been made in the band's per- sonnel: Lenny Ross supplants Pea- nuts Hucko , on tenor, Joe Kurtz supersedes Whitey Or ton as drum- mer, . and Tom Bell takes over the trombone and vocalling from Joe Nejl and Gene Saunders respectively. Court Rules Mills Must Defend in California; Pair Charge Song Lift Hollywood. Aug. 13. Music piiblisihng hou.«!es maintain- ing branch offices in California come under jurisdiction of its laws. Ac- cording to ruling handed down by the state appellate court in deny- ing appeal, of Mills Music Co. from suit brought by Louis Gilbert and Selma ". Shelly charging song in- fringement. Mills, argues that pair should have been filed in Nev/. York where outfit has headquarters., De.: cisibn throws case back to superior court fpT; trial. ; - ■ ' plaintiffs charge. M'lls firm, Irving Mills and Henry Nemo, composer of 'Blame It On My Last Affair,' lifted mijsic from, their song,,,'Longing for You.' They demand share in profits.; LONDON PUBS IN N.Y. Campbell Here* Connelly anfl Dash • : Near Deal ■' Jimmy Carhpbeil is another Lon- don music publisher just arrived in the .U. S. on .biisihess. He's- with Noel Gay nbw. - Ex-partner Reg Conne'Uy, in New. ■york for some weeks, i^ now await^ ing arrival,;, probably this weekend, of his wife and.,'l6-year-old. .son Pat. Gbnn'eijy has just bought 'I'll'Never Smile Again' from: Tommy Dorsey j(Sun. Mu.sicX and in tiirn has- plisced .several of his English..,copyrights for .'Ame'ricah.-publication... . .-. , , " Irwin Dashj,American, now b.ack in the■ U.:.S.. returned fiom hi? nat^ j ti.ve Denver.thiy-week and. will pro.b^ I iabiy con.summate . a Ipng pending deal whereby Dash and Connelly take.over Superior Music, an iridic outfit in-New York, which Diisb will i operate. . ^ \/ ■','■''