Variety (Oct 1941)

44 ORCHESTRAS^MUSIC Wedneeda^, Ociober 29, 1941 Circuits Can't Budge AFM sContlnnid from pace 41s Ing to go that far, it's believed that It will go further and sign the pact as Is. Early last week it was reported that Paramount had agreed with Warner. Bros., Loew's and RKO to hold out against the AFM's new con- tract. WB, Loew's and RKO are re- ported to still be adamant, but Para- mount's stand is weakening, re- putedly due to pressure from Bala- ban & Katz, a subsidiary. If Par signs, it's unlikely that Warners, Loew's and RKO would hold out for long, as the competition from Par houses playing'name bands would be too tough for other houses in nearby opposition to withstand. Some of the independent theatres, caught short without good, if any, Warner Bros, which some weeks ago undertook to gtl the V. S. Treasury :ta make It elear whether It wonll orack down en theatres for back- social secur- ity taxes apparently got no satis- faction although nobody will comment. Government auditors are hard-bblled about business- men who claim 'oar case Is dif- ferent.' This Is the nab of the theatres' dUeauna as they see themselves forced^ by a union Into a new type of contract un- der which they assume liabilities they previously avoided and get B bill from the Government not only future tense but past tense, too. film product and. the prospect having no bands, have already' ca-. pitijlated to the AFM's demands. Itotable among them are the Brandt vaudflliners, Windsor, Bronx, and Flatbush, Bro9klyn, and the Central, Passaic, new theatre also booked by Arthur Fisher, wtio buys the shows for. the Brandt hquses. Jn some Isolated .cases, however,, the indie ■tage show ttieatres are holding out Among them is Izzy RappapdrtTs Hippodrome, Baltimore. The Hipp plays flrst-run 'A' films and also has a pit band, so Rappaport feels he can get along with straight vaude shows. He naturally pays s.s. taxes on his pit musicians, and can't see also paying the tax on traveling bands which turn in large profits for their leaders. Back Tax Fears Back of the theatres' reluctance to sign the AFM's Form B contract, which specifically states that the leader and individual musicians are the employees in every situation they play, is the fear of huge levies by Government and states for back social security and unemployment insurance taxes, plus cdst of work- men's compensation. There's no way of exactly estimating what the final cost to theatres will be, but one Paramount, exec stated that the cir- cuit may be. nicked as much as $250,- 000- in- - retroactive... social security, taxes alone should the circuit sign the new contract, and then have the Government step in and make back claims to 1937. . .Unemployment In- surance and workmen's compensa- tion are even costlier items and it has . been .conservatively estimated that Paramount, .an extensive user of travelling orchs, might be soaked for aro.und $1,000,000 all told. Up until yesterday. (Tuesday) neither Paramount nor Warner Bros, had yet finally decided on any alter- native shows, it aqy, at their Broad- way, deluxers, Paraiaount and Strand, respectively. If unable to get bands following the runs of Johnny Long, at the Par, and Phil Spitalny, at the Strand, its. most likely that both houses will revert to straight pictures. As neither have pit or- chestras, nor are likely to eiiter Into long-term deals with N- Y, Local 802 for dame, there's no way out into straight vaude shows. It was reported Monday that'Para- mount bad sent a r^'uest to Petrlllo in Chicago for anotjier meeting on the matter. However, neither War- ner .Bros,, Loew's or RKO. had any Mutual Network Plugs The folIoiDlng tabulation of netioorh popular music per/ormances Is not confined- to WOR, New York release ior Jlfutval Broodcosting St/stem, but also iTicIudes the entire MBS chain. Compilation heretoith cooers the u.eiek beginning Oct 20 (Monday)'and ending Oct. .26 (Sunday), from 8 aim. to t a.m. based' on dolly recapitulations lunnthed by. Accurate Reporting . Service and the HBSiog*. - TITLE PtBUSHEK TOTAI. word on this, with WB, Loew's'and RKO stated to be still adamant against signing the pact in any form. Loew's and RKO with their long-established policy of straight valide shows and only oc- casional users of bands in any of their houses, are best equipped to stand oiT a stalemate with the AFM. WB and Par, however, will be boxed In, and. their only alternatives in several situations. Including N. Y., if not signing the pact, wlU be to go straight pictures. Loew's position was clearly de- fined last week, when the State, on Broadway, which had pencilled in Richard Himber's band for tomor- row (Thursday),, dropped the deal and Is switching instead to a variety layout. At WB's Strand, where Spitalny's band Is currently In the second week of a possible five-week run with 'Sergeant York' (WB), there are no trailers on the following stage show. At - the Paramount, Johnny Long's orch starts its second week today (Wednesday) of a three and possible four-week run with 'Nothing -But the Truth' (Par), and the house is trailerizing the 'coming' Jimrhy 'LUrtceford "^' Bill" Robinson' stage show. When Petrlllo early last week set the Oct 27 deadline, he specifically stated that all bands then playing engagements should be perr mitted to complete them, even if they have- one or two weeks to run past the deadline. ASCAP ^Continued from pace 43s NBC-CBS Plugs Foltotoing compilation of plugs on SBC and Columbia's IVeto Yorh out- let* covers the tveefc beginning Oct. 20 (Monday) and ending Oct 28 (Sunday), /rom 8 a.m. to 1 a.m., and is based on daily recapitulations fur- nished by the Office of Research-Radio Division of the CoUege of the City oi-Neu) York. PUB. TITLE LISBEB TOTAL Don't Set World on Fire ........,..Cherlo .... You and I ,, Wlllson ... Guess I'll Have Dream Rest ',< Block Wasn't It You7 BMI Delilah BMI Jim-.,... , Kaycee ... Shepherd's Serenade Sheppard . Yours Marks I See Million People ^.Radlotunes Tonight We Lov.e Pacific Time Was Southern .. I'll Wait for You Melodylane Two in Love. Wlllson ... Bells of San Raquel Southern .. 40 .. 33 .. SI .. 26 .. 25 ... 23 ... 22 .. 22 .. 21 .. 20 .. 20 ... 19 .. 19 .. 18 :Porgie 18 Don't Set World on Fire C^ierio ... 'Why Don't We Do This More Often? BVC. You and I Wlllson .. ' Concerto for Two Shapiro .. Jim Kaycee .. Elmer's Tunfe Robbins .. Yes-Indeed Embassy. , Time Was Southern , Shepherd's Serenade Sheppard Friidy Cat.;.. Wesjay .. Kiss Boys Goodbye—*'Kiss Boys Goodbye' iWoui .. 25 23 22 20 20 18 17 16 15 14 12 • Filmuslcal. THREE THAT ARE AVAILABLE FOR ALL RADIO PROGRAMS m THRILLED ROMANTtG BALLAD PAPA NICCOLINI (Th« Happy Cobbler) NOVELTY WALTZ • DEAR ARABELLA TOPICAL RHYTHM SONQ MUTUAL MUSIC SOCKTY, Inc. 1270 SIXTH AVE. LJ»^ YORK LEO TALENT, General Manager HERB LUTZ, Chloago Rap. ciety had expressed Itself as favor- ing calling oS the terms granted NBC and Columbia and proceeding aloihg the anti-trust lines discussed within ASCAP some months ago. Quit Claim Question Another possible crimp to an Im^ mediate pea&e developed' over the past weekend when natwork spokes- men'reminded ASCAP that it Was still to deliver the signatures of all members who have litigation pend- ing against NBC, CBS, Broadcast Music, and the National Association of Broadcasters. The incident brought on tt clash of memories and tmder- standings. ASCAP explained that what It had promised to NBC-CBS during the contract negotiations was not a de- livery of such signatures but rather that it would use Its good offices to prevail upon the litigating members to submit rele^es. This refers par- ticiilarly to the 14 songwriters who through the law firm of- Dani & Winter filed some tirhe ago in N.Y. supreme court an a'ntl-trust suit against the two networks, BMI and the N.A3. At the time of the con- I tract negotiations ASCAP pointed out to the networks that it could not exert any pressure on thit group without violating the constitutional rights of these writers and that all it could promise was an Inclusive re- lease involving all forms of pending or threatened litigation from ASCAP duly signatured by all ASCAP di- rectors. This release would be bind- ing upon these dbrectors personally and their firms. . ' BMI management acting under an order it had received from Edward Klauber, CBS v.p., last Friday (24) notified its Coast rep, Harry Engel, that he was to refrain from dicker- ing for flimusical scoria involving ASCAP writer-members or any in- dividual tunes written by ASCAF- "itcs pending the. networks' consum- mation of an agreement with ASCAP. Klauber had previously disclosed to ASCAP executives that he had not been aware of BMI's ac- tivities in Hollywood and that when ho found out about It he had ex- pressed himself as opposed to BMI invading this field while ASCAP pubs were sitting back waiting for the networks to close a deal. The wire which Merrltt Tompkins, BMI general manager, sent to Engel on the subject stated thbt this was not to be considered the permanent policy of the company. I Foiind You in the Rain. Hi Neighbor. BMI is •Til Reveille..... Melodylane 17 Yes Indeed ; . Embassy 17 Do You Care? , Campbell 18 City Called Heaven ; Warren 15 Blue Champagne .' Encore 14 Cowboy Serenade. Marks 14 Having a Lonely Time v.. Burke 14 This Love'of Mine ...Embassy 14 By-U-By-O Majestic 13 Hawaiian Sunset Republic ..7. 13 Booglie Wooglie Piggy Mutual „12 Maria Elena '. Southern '... 12 tray Ranchero....', Marks 11 I'm ThrUled Mutual 11 Amapola - Marks 10 Lament to Love Roe .., 10 Mlnka , .' RepubUc 10 Nickel Serenade. . ' Nationwide 10 Peaceful in the Country. Regent 10 • 10 Best Sellers on Coin-Machmes D Klauber's Visit Continued from page 43s were Imminent and they suggested the only way that the board's sus- picions of an tmlimlted stall could be dissipated would be for Klauber and Woods to appear In person. After Klauber staged his sudden walkout in March, 1840, the ASCAP management wrote WiUlam S. Paley, C3S prez, that it would prefer .if he had some .one other'than Klauber represent the network in Its deal' Ings with the Society. Paley, In a replying letter, expressed surprise that the Society would have the temerity and bad grace to tell one of Its best customers whom It should delegate to do'business with ASCAP. (Records .below are grabbing most nickels this tveek in }ukeboxei throughout the country, as reported by operators to VsKon. Hatnes of more than one band or vocalist after the title indicates, in order of popularity, tohose recordings are being played. Figures and names in parenthesis indicate the number of toeelcs each song has been <n the listings and respective publishers.) 1. I Don't Want Set World Fire (10) Cherio. {}^^ i^^^keV!! I! I^lh 2. Piano Concerto B Flat (7) Martin.. (Freddy Martin ....Bluebird Tonight We Love (1) Martin......'. (Tony Martin Decca ( Bing Crosby Decca 8. You and I (10) Willson. ' (Glenn MiUer Bluebird T,_ ,a\ir-„.^ . (Jimmy Dorsey Decca Jim (3) Kaycee : | p,^' gj^^^ Bluebird Hany James Columbia .Victor ..Okeb tBing Crosby Decca Tommy Tucker Okeh 8. Chattanooga Choo-Choo (1) Feist i Glenn MiUer Bluebird (Johnny Long Decca 9. Guess ru Dream Rest (10) Block ,. j^'*^ MUIer.... Bluebird { Tommy Dorsey.. .T... .Victor 6. You Made Me Love You <3) Broadway. 6. Ih.!. Lov. Of Mine (2) Embassy {Tomn^ 7. You Are My Sunshine (8) Southern. 10.^ Blue Champagne (2) '^core. )Jimmy Dorsey Decca Franlcie Masters Okeh DISKS GAJNESG FAVOR (These records are directly beloto the first 10 In popularity, but growing in demand on the coin machines.) ^ Tim. Was (Southern) i... •.•.•.V.V.S DO You Carer (Campbell). { ^b S V.iS!;:a Why Don't We Do Thte Often (BVC). fKay Kyser Columbia Freddie Martin ...Bluebird Elmer's Tune. (Robbins). cowboy serenade (Marks) { S^rMoZn^ (Glenn Miller Bluebird (Dick Jurgens Okeh Sheph..d serenade (Sheppard) , {?°SS^^'^i^;^:::f .°.'!S!lh B-i-Bi (Rinker) ;..{SS'So?!'!;:-1!^:"!^ Modem Design (Republic) ^ Sammy Kaye Victor. Ma. Mis. Your Apple P.. (I^b). { g^^S^y.V.V.V.OkS OUR THANKS TO: NBC'S FRENCH-CANADIAN 8INGINQ STAR JEA^ CAVALL NOW APPEARiNo VERSAILLES CLUB new york Wor .the Conttnooiu Prosramialaff of Oar Boav ■ "HELLO THERE" on All of His Unique "Porson-to-Person Calls from Jean Cavall" Ob NBO BIm Network apd WMBI^-KelerUloa LEVISON-EVANS MUSIC CORP., 336 24th St., N. Y.