Variety (Oct 1941)

Wedneaday. October 29, 1941 ORCHESTRAS 41 CIRCUTrS CANT BUDGE AH Inside Stuff-Orchestras McFarland Twins' orchestra has a unique arrangement with the owner . ijjg pelbam Heath Inn, Pelham, N. Y., where the band has been for the ^st six weelo or so. Beallzlng that iltting on ■ location lor any length ^rtime doesn't help « band's ijankroU, the Inn's owner lets the Mc- Farlaods out a couple nights a lyeek to play theatres or nearby one- nlehters to replenish the cash balance. Outfit steps out for four nights this week, Thursday through Sunday (30-Nov. 2) to play a date at the Shubert theatre. New Haven. Next week It'll be out on Friday lor a one-nighter. Lee Shelley and Kohn Kobb- lers bands replace the McFarlands this week, each outflt covering two of the four nights. Next week it'll be She lley lor the single. Apparently afraid of the publicity that might result, people who have Wred Ahie Shaw's band to play an Xmas night party, at a price of $4,500 lor one night's-work,.tave.glven..Shaw:a.bDDkerfi.strict orders that they •re not to be named. When Jimmy Dorsey played a similar dale in Texas last year the re- lultant publicity anent the $5,800 he was paid almost caused the party's cancellation. Until {he theatre-bandrsodal security tangle is. straightened out band ])6oking agencies and theatres are not making out the usual contracts when scheduling bands lor theatre dates in the future. Offices and the- atres are merely exchanging letters of conflrmation^-which carry all the details, and New York local 802, of the American Federation ot Musicians, Ji accepting the 'contracts' In lieu of the regulation forms until the argu- ratxA is settled. 2BALLR00MS aOSEFASTIN PHILLY PhlUdelphla, Oct 28. Two ballrooms that opened with much fanfare two weeks ago have ■Iready folded due to lack of in- terest among t'd city's }lve fans, ni* spots—the Aragon ballroom )n mldtown, and the Band Wagon, near the University of Pennsylvania campus—went dark, failing to pay oH the bands hired. Left holding the'bag for a flock of folding money were Tommy Reynolds at the Band Wagon and Bobby Byrne at the Ara- gon. Both spots were placed on the unfair list by th; Musicians Uaton. ^ Byrne was short $1,150, How much Reynolds was owed couldn't be learned. Dick Stabile was sked- dcd to open at the Aragon this week. He is said to have pocketed the $500 deposit left with MCA for the pact clincher. Total contract called for $1,350 for the week. There was a plan brewing'where- by Stabile would open anyway and lift the boxoftice receipts each night It there was anything left, 11 was to go to pay off Byrne's debt. The deal failed to jell When Byrne's manager, Frank Henshaw, turned it down cold. Opening night at the Aragon drew only 100 cash customers, despite heavy advertising and exploitation, following nights were even, worse. WCAU had put in a wire and plans *ere set for a CBS remote shot weekly. Band Wagon's gate wasn't much better. THEIR OWN TRAILERS Maestro* Ui* Heart Syndicate to Plu( Own Tones Hearst newspapers began a tieup wlEh various name bands past Sun- day (2fl) whereby new popular melodies selected and labelled by the leaders as future hits are to be exploited on the back page of Fuck, Hearst's syndicated comic weekly. Hookup will put the tunes, bi- ographies and pertinent data re the various bands in newspapers in IS cities. Melody and lyric to each of the numbers are being printed. The 10 l>ands being used (it runs for 10 weeks) were led by Glenn Miller, who selected 'Dear Ara- bella' as his candidate; next is Tommy Dorsey with 'Night We Called It a Day,' then Sammy Kaye and 'Honeybunch.' All three of the above tunes are published by mu- sic companies o\yned by the respecr tive leaders. Rest of the leaders are, but not necessarily in the order named: Fred ' Waring, Guy Lombardo, Vaughn Monroe, Jimmy Dorsey, Freddy Martin, Artie Shaw. BACK TAX FEAR STILL DOMINANT Apparently ImpoMible t o Get U.S. Treasury to Give Any Hint of Attitude on Retroactive Penalties Opened Up Under Union's New Form B Contract SOME SIGN UP Pennsylvania Tax Burden Issue Up Palumbo Appeal Focuses Definition of 'Name Band' (Le., Paid When Not Working) as Unfair WAR BOOMS MOBILE six Dance Orchestras Current In Alabama Sector JACK liONARD DUE OUT OF MILITARY SERVICE Singer Jack Leonard Is scheduled •0 be released from the Army within the next month because he's over 28. Date'has tentatively been set as Nov. 8, but until it's oaictally posted on the Camp Dix, N. J., bulletin board I*onard isn't sure of the date. He Was drafted last April. During his stay in the ranks Leon •rd continued cutting Okeh records, Waking them whUe on furloughs. Leonard Joy Westward Leonard Joy, recording director of HCA-Victor popular platters, leaves |or the Coast today (Wed.) on a two- three week inspection tour. - He's going to check up. on new studios oelng built by RCA in Los Angeles. Jump to the Coast will be broken °y a stopover at Chicago tomorrow phurs.) to record Artie Shaw's oand, now in that territory. Bos Scarcity in Army ManeuYers Zone Present Kemp with a Problem Atlanta, Oct. 28, George Olsen and his band came near being stranded in Charlotte, N. C, OcL 21, when the bus terminal there burned and damaged all the buses, Including the one chartered by Olsen to take him to Columbia for his next stand. The situation be came crucial when there were no buses to be had in either North or South Carolina, due to the Army maneuvers. T. D. Kemp, Jr., booker of the band, in desperation Anally called Atlanta, and a bus was dend-headed from here to pick up the band. . SIDNEY SOLOMON SUES MCA FOR 150G Sidney Solomon, former operator of the Central Pai;k Casino, New York, top nitery during prohibition days, has filed suit for $150,000 in Supreme court, N. Y., against Music Corporation of America. Solomon's complaint charges that MCA Induced Carmen Cavallaro, pianist-bandlead er, to abrogate a contract that exist ed between himself and the leader, Cavallaro's band recently began gaining attention. His popular re^ cordings have considerably increased his bands standing. It's now at the Carlton hotel, Washington, D. C. Danny Beckner and his orchestra played at the Trianon Ballroom, Toledo, pet. 18.; , ' Paramount has reqaested an- other meeting with James C. Pctrlllo, and the AFM prexy JKaa_expeGted to retam to N. T. from Chicago last night early enough for the huddle then or this morning (Wed.). Other cir- cuits will likely also sit.in and It's flgored that Paramount will then agree to signature the AFM's new Form B contract. It Par does so, the' other cir- cuits win have no alternatlTe but follow suit, though Warners, Loew'i and BKO prefer to stand pat agaii^ paying soelal secur- ity taxes, on mnslelans in travel- ing bands, Monday (27) came and went and there was no settlement of the dif- ferences between the major theatre circuits and the American Federa- tion of Musicians over the letter's new Form B contract placing social taxes on theatres. .Nor up to a late hour yesterday (Tuesday), so a stale-' mate exists and no traveling bands will open in theatres this week un- less the operators agree to a'ssume the responsibility of paying social security taxes on the individual mu- sicians and leaders ot traveling orchs. It appeared for a time on Friday (24), the third of three days of meet- ings between James C. Petrillo, AFM proxy, other AFM officials and representatives of Paramount, War- ner Bros, and RKO, that the Issue might be settled by a capitulation by the theatres. Paramount expressed its willingness to sign the Form B contract if the union would make a couple .of changes In the form's verbiage, plus eliminating the clause making all the laws, rules and regu- lations of the AFM part of the con- tract. The theatre reps then left, with the AFM executive board going into a huddle on Par's counter pro- posal. About an hour later, the AFM's office called Paramount and stated that the executive board had refused to make any changes whatsoever in the Form B contract and that Pe^ triUo's deadline for the signing of the contract by theatres, dated for Monday (27), stood 'as is.' Para- mount was also Informed that there would be no further meetings, at least for several days, as Petrillo had planed to Chicago Immediately after the AFM's executive board had voted. Big Losers Along with the representatives of the three theatre circuits, Jules C. Stein, head of Music (Jorp of Amer- ica sat in on the meetings with Petrillo and others of AFM. Stein was the only agency representative present. MCA, along with the Wil- liam Morris office. General Amuse- ment Corp., Consolidated, et al., stands to lose a fortune should the theatres hold out against the Form B contract, even if only for a few weeks. Hence Stein's close interest, plus the belief that his own friend ship with Petrillo might have car ried some weight towards a settle ment. Although the situation looked dark up until press time yesterday (Tuesday), the feeling was growing stronger in trade circles that the theatres would soon capitulate to the AFM's demands. This was at least partially borne out by Para- mount's willingness to sign the Form B contract if the changes in ver- biage were made and the one clause deleted. Since the circuit was will- (Continued on page 44) FIRE DESTROYS RUSTIC CABIN IN N. J. Mobile, Ala., Oct. 28. War industries boom has stepped up business in a big way for the local hotels and niteries. Combina- tions in action are Bing Bingham's Mello-Aires at the Battle House, Ray Binetz at Murray's Airport, Jerry Gilbert at the Cawthorn hotel and States Baker at the Sage Patch. Also Bill Lagman at tfie Holly- wood Dinner Club and Poe Graham at the Beacon Nite Club. Fire of unknown origin completely destroyed the Rustic'■ Cabin, Engle- wood Cliffs, N. J., name band loca- tion early Saturday (25) morning. Spot, which was still smoldering 12 hours later, was valued at approxi- mately $250,000 and was only partly Insured. Teddy Powell's band, which vras located there all last summer and was to stay through Nov. 30, also was burned out It lost all lis also was burned out. It lost all its instruments and ar- rangement library. Powell fortu- nately kept his scores at his New York apartment When the blaze began about 7 a.m. It luckily was discovered* by, a han- dyman In time to enable owner Har- ry Nichols and his family to vacate their second story IJving quarters. As It was they barely got out before the flames. His two youngsters were forced to jump. Beside the loss of the spot itself, with heavy stock of liquor, cash (payroll), the family lost all of its personal belongings. Nich- ols is under a doctor's care for smoke poisoning/ . Ironically, Nichols was about to open a new wing to the Cabin, which would have upped Its seating ca- pacity to about 1,800. He spent about $15,000 during the summer construct- ing the addition, which was prpmpt- ed by exceptionally good business, and was already talking to booking agencies about a band to open the wing. Money put into it was lost, since the wing was not Insured. 'Whether Nichols will rebuild isn't definite. Philadelphia, Oct 28. An appeal was filed last week in the. state superior court asking tha reversal of a ruling by the State Un> employment Compensation board which levied the payment of com- pensation taxes for musicians upon owners of cabarets, hotels and other spots employing them, rather than on the bandleaders. Filing the peti- tion was Frank Palumbo, operator . of two Philly spots > and several shore enterprises. The Superior Court announced that arguments would be heard early in December. The Musicians Union, Local 77, has filed an application to act as inter- vener to uphold the compensation board's^ ruling. Under the edict of the board, spot owners are liable for the-tax, except where so-called 'name bands' are employed. A 'name band' is defined as one In which the musicians are paid, whether they are working or not Board is confident that the Appel- late Court will uphold its action, pointing out that a similar case, filed in New Jersey, received the okay of the Supreme Court ot that State. Rulings of both States coincide with. the rules of the Federal Social Se- curity Board, wherein spot-owners are liable for S.S.. taxes. Palumbo,' representing the State Cafe Owners Association, maintains that as a cafe operator he buys mu- sic from a bandleader at a stated ' fee. The leader, in turn, hires the musicians. Palumbo further claims that he doesn't pay the bandsmen himself. Instead, he turns a lump sum over to the bandleader, who in turn divvies It up among the footers. VAUEYDALE OPENS SOCKO Add Hoke Melodrama To A.K. Hoof Formola Of Friendship Club Friendship Club, a.k. dance hall fn the Bronx, N. Y., which bars any- one under 28 and allows no jit- terbugging, is adding an old-fash- ioned meller once a week to pro- mote the Gay '90s idea of Its terp- ing. First of the shows, which will be staged every Wednesday night. Is set for Nov. 5. It will be "Ten Nights in a Barroom." Staging Is being handled by Thomas Craven, who operates the Essex theatre, a Lake Champlain strawhat, and Gene Bissell, an actor, who has worked in summer thcatrci with Craven. Their' casts will be made up mostly of refugees from the cowbarns. Friendship Club, located in the old Brown Opera House building, can take 500 folding scats and will have a 50c-top for the combined show-turkey trot. Spot is operated by Lester Lockwood, 'former film exhibitor. . . . . Frank Dailey-Jlm Peppe's new Valley Dale, Columbus, O., roadside dancery opened with a bang last Wednesday (22). With Tommy Tucker's band on tap for first flva days the spot played to 6,300 people In that period, pulling 1,400 opening night 600 Thursday, 1,100 Friday, 1,500 Saturday (football mobs from Northwestern-Ohio State game) and 1,700 Sunday matinee and evening. There were turnaways the last two nights. Bobby Byrne's band replaced Tucker's last night (Tues.) for four weeks. Though the spot had been reno- vated and enlarged to accommodate 2,000 a dearth of waiters and bar- tenders and the fact that some parts of the reconstruction isn't yet com- pleted made Dailey hold down to a table setup for only 1,400. MUTUAL RAISES RATES ON PICK-UP WIRES WOR-Mutual last week raised the sustaining rates for Donahue's, Mountain 'View, N. J., Log Cabin, Armonk, N. Y., and the' Flagship, anion, N. J. Bands at those spots, and the operators, were given no- tice that the wires were to come out last week, if the increase in costs couldn't be met All elected to stay on. Donahue's has Dick Barrle's band; Log Cabin, Bob Chester; Flagship, Mel Marvin.