Variety (Dec 1944)

so ORCHESTRAS-MUSIC Wednesdaj, December 20, 194-1 Suit Over $20 in Unemployment Taxes Seen as Threat to Form 6 Des Moines. I>ec. 19. ♦ With the American Federation of Musicians' Form B ■- contract in jeopaid.v. both James C. Pelrillo, president o( the AFM. and Joseph A. Padwa.v, general counsel ol the Anierican Federation of Labor, were on hand here as trial of a suit against the Internal Revenue Dept., by the Crystal Ballroom. Dubuquo. la., was begun in Federal court. Another action along, the same lines, biy the Larry Greer Ballropms, of Fort Dodge. la., will be automatic- ally decided by the decision. Bay Bartels, managing partner of the Crystal, seeks the return of $20 In unemployment taxes paid by his spot on the basis of six one-night dates played by various bands be- tween August, 1941, and January, 1W2. Outcome of the test casie will have an importaiit effect on the union's Form B agreement, which makes the user of art orchestra its employer, thereby liable for the pay- ment of social security and unem- ployment levies. Oscar F. Hild, president of the Cincinnati local, AFM, and a mem- ber of the executive board, was on the stand three hours the second day of the trial, answering ques- tions put to him by both Padway and Harold D. Cohen, special assist- ant to the U. S. attorney general, concerning the claim of Bartels that union's by-laws make the leader of a band the employer of his musi- cians and as such, "he is just as liable to tax .payments as the user of his music." Hild testified that the management of any job played by a band is en; titled' to issue ordersjo musicians as to the kind ot music played, numl>er of selections, type, method ol play- ing them (loud or soft) intermis- sions, etc., hence is the employer of the.band.. If these rules, and any other reasonable ones are not com- plied with, the user of the miisic is entitled to appeal to the union, he said. Petrillo's testiinony. was alonjg the same, liirtes. Form .B was put into effect in the spring ot 1941 and is operating with the approval ot the Internal Revenue Department. R-m and C--a C-a'Song In Feist Music Catalog Question of the writers ol the song, "Riirh and Coca-Cola." featured by singer Jeci Sullav.-in (i\ow at the Paramount theatre, N. 'V., on the strength of il> has finally been set- tled and Fcisi Music has taken the song for publication. Originally, it's clainied. Morey Amsterdam, Miss Sullavan. and bandleader P a u 1 Baron' were the Collaborators. But" Amsterdarh obtairied the copyright- solely in his own name. Miss Sullavan and Baron put up a squawk and assertedly threatened legal action, it is now being pub- lished with the lianies of all three listed as co-writers. It is not a pub- lic doniain melody, despite general belief. Because of "rum" in the title, the tiihe is barred Iro'm the networks. And: because of the "coca-cola" angle, film producers have nixed the song. MTarland Twins, Kirby Orchs Get MCA Releases McFarland Twins and- John Kirby orchestras both secured their relea.ses last week from Music Corp, of America. They are in addition to the release granted. last weeH to Dean Hudson, whose argument with MCA had becii'going on for several months. MCA's claimed reasons for giving all three bands release from agree- ments that had some time to run, is that the prices for'services asked by each were impossible to seciire, based on their reputations. It's a situation that neither the bands nor the agencies can help. High costs have driven prices far out of line with reputations. iJACK ROBBWS'LIFE f DRAMATIZED OVER NBS Jack Robbins' life will be drama- tized over Mutual, originating .from WGN. Chicago, as part of the "Free- dom of Opportunity" series. Show is commercially sponsored over the entire MBS circuit and hits the east an hour later. It's scheduled for Dec. 28. WLB Okays Scale Hike At PhiUy's B-S Hotel Philadelphia, Dec. 19. 'War Labor Board last week ap- proved an $l]-per-man-peT-week increase for the Meyer Davis unit playir^g the Bellevue-Stratford hotel, briiigins the wage level to $66 a week. Raise is reti-oactive to Sept., 1943. Increase is similar to that awarded inembers of a Davis unit playing the Benjamin Franklin hotel. An equiv- alent •raise is now being sought by Local 77. AFM, for bandsmen at the Hotel Adclphia. Upped Payrolls for Bands Jnst Off the Top Mean Few Vaude Dates on Tap Of all the .effects ■ of increased operating costs on bands and l>and buyers the phase involviiig the low'cr-priccd independent theatres using^ vaudrUm - policies ' is most unique. These houses, including Loew's State, N. 'V.. have reached the point where they are rare- ly able ' to schedule a band on the intermediate popularity level. Though such bands might want to play the houses, they are prevented from working them by high operat- ing costs. Since musicians became iicarce, the lieaders of secondary bands are forced to bid for men in the open market against contemporaries in the top bracket, who are able to pay much better money. As a result, their payrolls prevent them from playing lower-rated theatres. At the same time, their lack of popu larity bars them fi'om the deluxe houses such j as the Paramount, Strand, Capitol, N. y.. Chicago, Chi, etc. Briefly, both the bands and theatres are in the middle between costs and forced asking prices, with the situation, as far as the t'ne'atres are concerned, reaching an acute stage. Top-name bands are out of the question tor these theatres, since they cannot often give percentage deals such as the majority of .this type of band demarids. If they do, the houses are forced to boost ad- tnission prices, whicli, they have found, alienates steady patronage ^nd results in a drop-oft of trade for Sjtveral weeks after. Berlin's Beef on 4,000 Point Rating Also Seeks To Defer Melon Checks Irving Bel-lin's protest over last week's action of the publishers clas- sification bdkrd of the American So- ciety of Cpmposers, Authors and Publishers, has been filed with the society, accompanied by the request that the final quarter distribution if income be deferred imtil the protest has been reviewed. Berlin was awarded a 4.000-point 'availability classification as a result of his re-, cent split with Saul Bornstein and the removal of all his owii melodies to the new Irving Berlin firm (Bourne drew a 2.750-point rating t. Since the protest wasn't filed until after the meeting last week, which estimated the final quarter cut, plus the fact that the checks for these payments are due to go out today CWed.), it's unlikely that the dis- tribution can be held up as request- ed by Berlin. Pliigfest Tribute to Kern A sentimental salute to Jerome Kern'i Jublle* Week, teed off by Paul Whlteman and tha music-radio bunch, b Interpreting Itself into axoallent plugs for "Mora and Mora" and other excerpts from the composer's lat«st,"Can*t Help Singing" (Unlveisal-Deanna Durbin). .It's not only • plug for this specific pic but tha radio artists have taken It up as an opportiuilty to reprise the wealth ot Kemlana extant. Nidorfs Exit From General Amus. Stuns Band Biz; No Plans As Yet ASCAFs Raises, Bonuses Board of directors of the Ameri- can .Society of Composcis, Authors and Publishers, in meeting last Thursday (14), voted raises and bonuses to certain field men. and homeofTice employees. Among those given a bonus wei°e John G. Paine,, general manager. Both raises and bonus are subject, of course, to approval liy the War Labor Bo^d. I£W STONE GIVDIG UP SAND , L6ndpni Dec. 1. Lew Stone J$ disbanding his band. One of ace outfits in England, it originally was formed 15 years ago from 'nucleus of'Roy Fox aggrega tion ' when American maestro was <lick wielding at the ritzy Monseig- . neuV restaurant and ordered by his . doctor to SwitzerlaniL took over, and Is now retiriiig be- ' Lew Stone, who was Fox's pianist, aiiHWe of ni health. . DETROIT NABES IN STAGE SHOW UPSURGE Detroit, Dec. 19. With vaudeville back in the loop here on a steady basis; more nabe.s are experimenting with stage shows bicycling in top acts from the niteries. ' . Because of the success on a one- day policy, which doubled grosses on the stage show nights, the Allen Park theatre in suburban Alien Park is apping . to three stage shows a week. The krim Brothers also are starting off a policy of stage shows pneiiight a week at their Abington -and the Broder Circuit, after Jan. 1, will put stage shows in for two days a week, starting with their Kramer theatre. Grand Music to Pobfish Score of'A Udy of r Grand Music Co., in which band- leader ■ Harry James is a partner, will publish the score of the Shu- bert's "A Lady.of ?" rhusical, which opened at the Forrest theatre, Phila- delphia recently.. Score is by Arthur Gershwin-Fred Spielman, music, and Stanley Adams, lyrics. Plug songs are: "You're More Than a Name," "Take My Heart With You" and "I Wonder Why Yon Wander." ■ • REPORTS ON BIG BIZ FOR AUSSIE MUSICOS The rhusic publishing bin in Aus- tralia has been flourishing, accord ing to Geoffrey Allan of Allan 4 Co., Melbourne publishing house, who is visiting now in New York. Only the paper shortage and quotas is keeping biz down. Intei-est in music generally has increased, Allan says, in classical as well as pop fields, symph orchestra this year doubling their number of concerts. There is a big demand from arrhed forces for miisic and instriunents, camps want- ing all the latest pop numbers as soon as they come out. After the war,' says Allan, there will be i tremendous increase in music inter^ es-t, partly due to' new devefopment in music taste among Aussie soldiers. No new war song has, come up in Australia from World War II, he says, anymore than in America. But Aussie soldiers have taken over ."Waltzing Matilda," only Australian folksong,' and made it into a war tune. "Lili Marlene," fave of Allied troops in Europe, is hardly known down under. Presence of American troops in Australia has had its effect on their music. Jack O'Hagan, "the Irving Berlin of Australia," recently v.-rsAe "When a Boy From A-lc^&ina' Meets a Girl From Gundagai," and sales total 15,000 copies a week: (Words & Music, Inc., is bringing it out in U. S.). ''Road to Gun dagai," which O'Hagan wrote in 1922, is-still , a great fave and con sistent big seller, says Allan O'Hagan's latest is "When the Little Ships Come Sailing Home." Of American tunes, "White Christmas"' right now is a big Aussie fave as .is another Berlin oldie "Always." Australia, Allan admits, is a bit behind, on American num hers. South American songs get a big play, faves being "Be-sanie Mucho" and "Amor." Allan will spend a week in New York, then head for England, on biz. Is looking for music novelties, also for war supplies in U. S.vand England for his firm's, radio and publishing interests, as well music supplies and instruments to furnish Aussie troops. Will return for another brief stay in N. Y. after English visit, then head for home WB PACTS CAVALLABO Hollywood, Dec. 19. Warners inked Carmen Cavallaro band to a term deal with "The Time, the Place and the. Girl" as the first task. Studio assigned Leo Robin and Ar thur Schwartz to wutp .special tunes for the film. / * ' ' ''' Swingih' in New Year Some band agencies are find- ing peculiar reaction -in thii year's band sales for New Year's Eve. It is, of course, bigger than ever, but there has been a marked tendency toward swing bands, while some so-called sweet bands go begging. Since the trend during the past couple years has been Increas- ingly toward sweeter music, as per consumer demands, agencies can't understand the current attitude. )&ui Hudson Books Self Through South After Getting MCA Release Dean Hudson, who secured a re- lease from a booking contract at Miisic Corp. of America recently, and so far .hasn't been able to hook up with another agency (he was talking with General Arnusemeht ' Corp.) proceeded last week to book himself on a run through the south, where he is widely known. Unable to sit around and wait tor an agency to lay out a route for hlrn, if one could be gotten, the leader and Tom Pum- phrey, Virginia promoter who has concerned himself in the band's af- fairs, set one up themselves.. Pro cedure Is not unheard of, but it is rare. Hudson closed Saturday (16) at the Lincoln hotel, N. Y., where he had been located since last spring. His squabble with MCA, which resulted in his sectiring a release, was based on the agency's difficulty in booking his band. He felt th.at the long months at the hotel, with air time, should have made booking him easier. Agency claims that the leader put too high a price on his services, and it found the 'business uhrecep five. (Th.is is an item that is causing many leader headaches currently; high operating costs have driven prices far out of line, with b.o. values.) For the same reason, MCA gave releases last week to John Kirby and the McFarland Twins orchestras; ■♦■ Mike Nidorf, vice-president and a major stockholder in General. Amusement Corp., stunned the band business last , week by. tendering his resignation, effective Jan. 1. He as- sertedly has no plans for the im- mediate future,- but is weighing a number of - offers made to him since his move away from GA(j became' known. He leaves for California Jan. 5 and, will be gone several weeks, after which he will take up with whatever new conn^tion is settled on by then. Nidorfs move, as cited above, shocked the majority of bandsmen, but it wasn't surprising to people close to him who have known of his attitude toward th,e band field ever since he ■ was released from ' the Army last hprW. He was a Captain in the Chemical Warfare division, and assertedly would have preferred remaining in uniforrn (he at one tirhc' told a "Variety" reporter he would like to stay in service even after the war). At aiiy rate, Nidorf was plainly dissatisfied in the band field. Just before getting out of service, he was negotiating with Eddie Sherman on the Coast re assuming' full charge of the latter's agency in N. Y.. a deal which fell through. It's known that his ultimate aim is. a picture produc- ing post on the" Coasf, however. Nidorf v^aS with GAC since its inception nine or 10 years ago. He started as a one-night booker and at the time of his resignation is said to have owned 17^% of the agency's stock. Whether thii will be bought out by the agency, or out- siders, or whether he will retain It, is unanswered. GAC ia currently mulling Nidorfs replacement ' No one is definite, it's said, except that it will be a man froni within the organization. This assertion points to Art Weems, head of the Chicago office. T. DORSEY BAND SET ATMEADOWBROOK Tommy Dorsey apparently has given, up plans for operating a ball room in the east similar to his XoToiWa'aes '■sptfi"'rri'~Tfirtfan~3Fai;r[7 Cal., in which brother Jimmy D. is a partner. T. D. has been booked to play Frank Dailey's Meadowbrook, Cedar Grove, N. J., immediately following his run at the Capitol the- atre, N. Y., which opens tomorrow (21). Dorsey's stay at Dailey's depends on his run at the Cap, which is for a minimum of four weeks. Sammy Kaye closes' the spot Jan. 21 and Woody Herrhan opens Feb. 19. ROMM, MUSKRAFT REACH SETTLEMENT Irviiig Romm, former general man- iiger of Chelsea Music, and the own- ers of Musicraft Records, who were in partnership with him in the music firm, settled. their affairs last week. Romm sold out his interest in the firmi (said to be 20%) to them. He had broken off his association with it the week before after a dispute. Musicraft's owners also intend to set up a second music publishing house immediately after the first of the year. It may t>e titled Viking and will be an American SociAy of Composers, Authors and Publishers ..."fflliate Chfflsga- is--with—Bfoa/icfl^. Music, Inc. Pete Doraine rem.iins in charge of the latter firm. DUPREE'S SWITCH IN FHILLT Philadelphia^ Dec. 19. Reese Dupree, for years promoter of Negro dances exclusively in this area, has shifted to staging white dances. He'll continue to operate at Town Hall Fridays or Saturday eve- nings. First hop Dupree ever ran with a white band occurred last week with Jack Teagarden. followed later in the week by Les Brown. Louis Prlma't orchestra, current at Frank Dailey's Teirrace Room, Newark,. where it holds over tintil Jan.. 21, has been rebooked for either Dailey's Meadowbrook, Cedar Grove, or the Terrace spot for some- time in .May. 'Which spot is played depends oq ,the, cpnditioq .of. trans- pbrt^(^9n PTPt>]^P9^ -f^t 'dat^.,' , iintonthk When Trumpeter Ziggy Gets Out Hell Join T. D. When trumpeter Ziggy Elman comes out of the Army he will not immediately begin formation ot his own band. Instead, he will returj\ to Tommy Dorsey's orchestra until the time is ripe for his own combina- tioii. He is under contract to Arthur Michaud, Dorsey's manager. Exactly when, Elman will be out of uniform is, of course, uncertain. He is currently leading a service band on the west coast. War Hazards . London, Dec. 1. Peter Maurice's hit number, "On the Bridge of Avignon," which was getting into the British best sell- ers, was suddenly yanked by order of the French Government due to the French Forces of the Interior having adopted the tune as code sig- nal. Accordingly, the British Broad- casting Corp, vetoed it for security reasons. Ban has now been lifted, with number revived again after aix