Variety (Oct 1941)

Wednesday, October 1, 1941 P^RIETY ORGHESTBAS 83 w; ( A SLIGHT CHILLEROO Democracy moves in wondrous ways its miracles of confu- sion to achieve. Take the social security tax issue. It goes on and on. One decision momentarily seems to suggest a cer- tain probable course which is then contradicted some months later by another decision. There is Federal confusion, State confusion, neighboring State confusion. Union confusion and general confusion. How the auditors love it. Two main issues are concerned, it would seem, in all that is implicit in the current impasse between three Broadway the- atres employing name orchestras and the American Federation of Musicians. First, when is the head man of an orchestra riot the head man? Second, will the Treasury act to give some assurances that theatres, if accepting the A. F. M. ultimatum, won't be held responsible, retroactively to 1937, for a confused state of things they didn't create, but for which they are sup- posed to take the full rap? The mixup on social security taxes has all sorts of compli- cated aspects. The theatre is the employer in a very nominal sense, having no right whatever to change the personnel of an orchestra. The name orciiestra owner playing on guarantee- plus-percentage frequently takes :i personal profit of $5,000 and more a week. He, the leader, is entitled to a rebate at the end of a year for any over-payments on social security beyond the required maximums, but theatres, with rotation of attrac- tions, are presumably expected to pay on the weekly payroll, including the leader's $5,000, with no right to claim a rebate for over-payments. Most dreaded aspect to showmen of the current tangle is not the power of Petrillo, which is a fairly clear and under- standable 'menace,' but the unknown, hard-boiled, impersonal, inisynipathetic, slow-acting Ictter-of-the-law boys • at the Treasury. Being laid wide open for retroactive punishment possibly run- ning into the tens of thousands of dollars is a swell way to cool off the enthusiasm of showmen to employ traveling name orchestras. PeAOnEveofAFMMMeet In Chi, Says Union Will Enforce Social Security Rule for Theatres — PETRILLOSTRia ON 400-MILE JUMPS , American Federation ot Musicians Is not allowing any violations—by so much as a mile^f Its recently posted rule against travelling more than 40O miles between one-night dates. Mitchell Ayres discovered that last week when he asked per- mission from James C. Petrillo, APM head, to hop 450 miles from Akron, O., to Kingston, N. Y., to play a date on his way into New York, an- other 60 miles. Ayrcs pointed out. that the band would be well rested after a week at the Palace theatres, Youngstown and Akron, and the second day's hop was only eo miles, making 510 miles in two days, well within the 800 in like period they are restricted to under the rule. Petrillo's answer was a flat denial of permission. Ayres leaves Akron, Oct. 9, and Jbe Kingston date (10) has been re- placed by a theatre date at Olean, N. Y. MUSICIAN GIVES GALS BEAUn HINTS San Antonio, Sept. 30. 'Waltz For Glamour* is the title of a new series of daily Ave minute programs to be aired over station KTSA sponsored by the Alamo Beauty College of this city. Series has Rex Pries, local musician as commentator. - Airings wil consist of Beauty Hints for Women and Waltz music. NEW PLUGGING SLANT Clande Lapham, Composer-Turned- Pub, Showcaslntr Tunes In a Hall Claude Lapham, who how has his own publishing firm, is trying out a new exploitation angle the night of Nov. 10. He's efngaged Carnegie Music Hall for a preview of his new publications, using a band, pianist ■soloists and singers. Invitations for attendance will be extended to band leaders, entertain- ers, radioi executives and producers^ Sues Steamship Line Detroit, Sept. 30. Although It didn't Interfere with his work as third-mate on a Great Lakes frelg:hter, Kirby A. White, of Manitowac, Wis., flled suit for $50,- 000 damages here in Federal Court for a broken arm 'which ruined my musical career.' Basis of the action flled against the American Steamship Co., of New York, owners of the ship on which a cable slipped from a drum and broke his arm. Is that White claims he is a versatile musician, who played sundry Instruments, and picked up $6 a day with orchestras when the Great Lakes sailing sea- son was over each year. Set Up Music Committee As Auxiliary Branch Of Troops Show Units Washington, Sept. 30. Attention to music-loving elements of the Army and Navy was paid Thursday (25) when the Joint Army and Navy Committee on Welfare and Recreation announced the appoint- ment of a 'Subcommittee on Music' to coordinate plans for the musical entertainment of the armed forces. Close liaison will be maintained be- tween the new music group and the Citizens Committee for the Army and Navy, the War Department an- nounced. Committee comprises: Dr. Harold. Spivacke, of Library of Congress; Glenn Cliflte Bainum, of North- western University; Marshall Bar- tholomew, of .Yale Glee Club; Fred W. Birnbach, of American Federa- tion of Musicians; C. V. Buttleman, of Music Educators National Con- ference; Eric T. Clarke, of Metro- politan. Opera Association; Harry Fox. of Music Publishers' Protective Association; Fred Holtz, of National Association of Band Instrument Manufacturers; Edwin Hughes, of National Music Council, Inc.; A. R. McAllister, of National School Band A.":sociation; Mrs. Vincent Ober, of National Federation of Music Clubs; Lucy Monroe, soprano, and Noble Si-s.-tle, president, Negro Actors Guild of Amei'iea. Branching Out Already Betty Carson, member of the fox-trot team of recent Harvest Moon Ball winners, wants to be a singer. She says there's no future in dancing as one-half a team in cafes, etc. Accordingly, she has been con- tacting bookers for jobs as a warbler. Bob dayman Back To Reorg in Pittsburgh Pittsburgh, Sept. 30. Bob dayman, local band lieader who left Pittsburgh to baton a dance orcHtstra under the name of Sandy Taylor for Stan Zucker, is back in town again and plans to reorganize with a group of Pittsburgh musici- ans. Cls^an quit Pittsburgh sev- eral years ago after dropping a big chunk of his own dough at Eddie Peyton's old spot, where he tried to be both entrepreneur and maes- tro. Clayman will continue to use as vocalists his wife, former Ruby Rubinofl, daughter of Dave Rubinoft, and his brother. Milt Clayman, in case draft passes up the latter. They were both with him on the road when he was Sandy Taylor. 'Boom'Is Tardy But Cafes Okay 10% Music fioost Pittsburgh, Sept. 30. Local 60 of musicians union and Pittsburgh night club owners with A classifications have closed a deal calling for general 10% increase in footers' salaries beginning first of month. Under terms of contract, cafe operaors have agreed to main- tain present schedule of hours and number of men. Originally, Local 60 had announced it would seek 20% pay hike and nitery men in turn Insisted in that event they would merely keep their music budgets as is by slashing either size of their bands or the hours they play. Com- promise resulted. Clubs in lower classifications, however, didn't get off so easily. Raises for them ranged to as high as 20%, most of them getting off with 5% less than that. Union based its demands on increased biz as result of defense boom but nitery gang contered with statement that pick- up hadn't materialized yet but that they expected it. On these expecta- tions, they were willing to go along with the 10% hike^ GRID FANS ALMOST JAZZ UP HEIDT SHOW Minneapolis, Sept. 30. Several hundred high school foot- ball celebrators crashed into the Orpheum theatre last Friday night and snake-danced down the aisles during the Horace Heidt perform- ance. The band kept right on play- ing and the intruders finally were routed by ushers and police. More than 3,000 of the high school- ers also snarled loop traffic in var- ious ways and created various other disorders. Police Chief E. B. Hansen promises it won't happen again. Lou Peppe Not Party To New Valley Dale Regime Lou Peppe, former operator of the Valley Dale ballroom, (i;olumbus, will not be in charge of that Ohio spot when it emerges from current reno- vations about Oct. 2'? a:; Frank Dai- ley's Meadowbrook. Peppe, who leased the spot to Dailey, has taken over representation in the midwest of Republic Music, publishing firm owned by his brother Jim Peppe and Sammy Kaye. That's in addition to band booking activities among col- leges, etc., which he has done for years. Dailey and his brother Vince will split the major-domoing of the new place and the current dancery at Cedar Giove, N. J. Barnet Orchestra's Film Universal Pictures has bought Charlie Barncfs orchestra for a film that will begin shooting Monday (6). Contract calls for his part to be completed by Oct. 12 to ghi% the band time to move cast for a week at the Earle theatre, Philadelphia, which opens Oct. 17. Pic is '50,000,- 000 Nickels.' Barnet is currently working one- nighters in the west, after finishing a stand at the Casa Manana, Culver ' . City, Cal. Sammy Kaye opens Essex House, New York, Oct. 21. TOMMY TUCKER'S TOKEN One Week Instead of Six t<t ProUct Inn Management Tommy Tucker opens for one week at Colonial Inn, Singac, N. J., Friday (3). Originally the band had l>een booked for six weeks but later cancelled out entirely because CBS couldn't find the time for remote broadcasts, which his contract guar- anteed him. Single week's stay is to cover the Colonial's operators, who had advertised the band as coming in. Tucker has also been booked for two and a half weeks at Meadow- brook, Cedar Grove, N. J., only a short distance from the Colonial, Opens there Nov. 2 for 19 days. He also has been signed for the Para- mount theatre, N. Y., but that date won't be played until next April. DON HAYNES' 4 ORCHESTRAS Don Haynes, who severed connec- tions with General Amusement Co. a few weeks ago, is opening an of- fice of his own in New York. He has been named personal represen- tative of Glenn Miller, Charlie Spivak, Claude Thornhill and Hal Mclntire's orchestras. Until he un- latches his own quarters Haynes will headquarter in offices of Mutual Music Society, Miller's music pub- lishing company. In taking charge of the orchestras named Haynes takes over duties formerly performed more or less by Mike Nidorf, executive of GAC. Mc- Intire, now a sax player with Miller, hasn't a band yet. He will step out in another month or so to form one, with Miller's blessing. Combo is tentatively scheduled to replace Thornhill at Glen Island Casino, New York, around the first of the year. Until then he'll work one- nighters to whip the new band into shape. Bob Miller Campaigning For Jack Rosenberg To Make N. Y. City Co.nncil Bob Miller, president of the Music- Publishers Contact Committee, has put on a drive within the publishing industry for campaign funds in be- half of Jack Rosenberg, head of Local 802 of the American Federa- tion of Musicians, who is a candi- date for New York City councilman on the American Labor Party ticket. Miller is chairman of the music trades division of Rosenberg's cam- paign committee. RELEASE ZINN ARTHUR Bandleader Out of Army Under New Age Ruling: Zinn Arthur, bandleader who was drafted into the Army about six months ago, will be discharged from the ranks Friday (3). He is 29 years old and gets his release be- cause of the recently enacted regu- lation dropping the top draft age from 35 to 28. As soon as he gets out he is to begin building another band to lead. While at Camp Upton, Yaphank, L. I., Arthur batonned an army band composed of musicians culled by the draft from name outfits such as Tommy Dorsey's, Larry Clinton's, etc. It played a one-night circuit of army camps and yesterday (Tucs.) it supplied the music for a party run by Mrs. Franklin D. Roosevelt at the Waldorf hotel, N: Y. Same day Arthur is let go, Johnny Mince, sax-clarinet player formerly with Tommy Dorsey, will also be released. He may return to Dorsev. Chicago, Sept. 30. James C. Petrillo, president of th« American Federation of Musicians, in here for three-day executive board seisions current at the Palmer HouE«, stated that the union's new form contracts and ruling on social security will definitely be enforced by the AFM, and by all means. It waa pointed out that the union pulled bands from the Stratford here two weeks ago and has halted the re- opening of the Riverside, Milwaukee, because both houses wouldn't signa- ture the new form contracts and ec- cept s.s. tax responsibility. He stated that AFM will take fur- ther action In New York, where the union was prepared to pull bands two weeks ago, but was asked by Paramount and Warner Bros, for a couple of weeks so that the matter could be discussed more fully. Petrillo and other union heads in- sist that the question of back social security taxes is not the problem of the union, but must be settled.by the theatres themselves in huddles with the Government. It's not for the union to ask the Government on the possibility of retroactive assessments, but for th« theatres'to do so, accord- ing to Petrillo. Another resolution of convention now being discussed is matter of In- corporated orchestras. Last AFM convention passed reso- lution banning incorporated bands, and this session is discussing wheth- er that should mean all bands at once, or just new bands and new corporations. • The execs here have voted that bands which were incor- porated before the ruling may conr (Continued on page "74) ' Strand B'klyn, Jnkeboxing Its Bands in Lobby strand theatre, Brooklyn, plugi the name bands It has booked to play, via a jukebox set up in the lobby. Machine la toned low It doesn't disturb patrons watching the show, and it grinds continuously v/ith the best records of scheduled bands. Strand is playing bands and vaudt four days a week, Friday-Monday. BENNY GOODMAN'S % DEAL WITH SYMPHONY Benny Goodman is working hia. concert appearances on a percentage basis, the same as he works an ordi- nary one-night' dance date. Leader will clear out of the New Yorker ho- t<>I, New York, where he opens next week (9), in time to do a gues-t shot Jan. 4 with the Cleveland Sym- phony. He'll u.se hi.s entire band in the exhibition, besides soloing with the longhairs. Leader is taking a guarantee ot $2,000 against 40% of the gross, wiih ■ a ceiling of $5,000, as his end. Sym- phony Hall, where the date is to be played, is geared in capacity and prices to do a gross of $10,400. Under that top Goodman could take out $4,000 for capacity business, but standing room could run the lake higher, the reason for the $5,000 ceiling on his salary. Jack Kapp to Coast Jack Kapp, Decca prez, left for the Coast over the weekend to wind up some recording with Judy Gar- land, Jimmy Dorsey, et al. This i^ part pf the work that his brother Dave inaugurated on the Coast, re- turning recently after seven weeks west. Jack Kapp, incidentally, is still sulTering from a lacerated left gam from a bicycle spill in New York's Central Park.