Variety (Dec 1944)

Wednesdayt Dcoember 10, 1944 ORCHESTRAS-MUSIC 81 Local 802, N. Y., Rank-File Hopped-Up Over Alleged Election Irregularities Members o£ N.Y. local 802 of the Americuit Federation of Musicians ■ were in a high stale of excitement late last week over the discovery of ialleged irregularities in the handling of the local's recent election. Gist ' of the reason for the high blood- pressure is the fact that soys.ballot- ing must be handled , by the Honest . Ballot Assn. by - local law. .This out- fit was advertised to havie. conducted . the recent election, but .some mem- bers claim to have discovered that George J; Abrains, who rode herd on the recent voting, is not now con- nected with the Honest Ballot group, although he wns a former employee. Apparently this theory is all wet. -Abrams was reached at. the oftices of the Honest Ballot organization yesterday (Tucs.) iiiorning. At least; a voice i-oprcscnling ilself to be Abrams answered queries. One of , the itcm.s which helped steam 802's membership up, and it must be said, In fairness, that the .steam is strong- est among the candidates and their, followers who wete defeated in the . last election, is that Abrams was paid off by 802 with' a check made . out to him personally rather than the outfit he represented. In turn, he paid olT helpers with his own checks. He a.ssertodly drew $1,400 for the chore, plus a $500 tip. Following the olcclion. defeated candidates.and tlVeir followers were emphatic in their belief that the balloting was conducted honestly. "Varicly" was so informed »l Die ■time. Clyde McCoy to Marry One of His Vocal Quartet San Antonio/Dec. 19. Four Bennett Sisters, local glrl^ who for seven years have, sung with Clyde McCoy's Orchestra, are break- ■ing^ up.. The jeason—one of their number is already married, and two others , plan to marry in San An- tonio Jan. 20. Maxine Benuiett, oldest of the four, will marry McCoy, who became na- tionally famous for his "Sugar Blues." Charlie Bell Bennett, will marry William L. "Dub" Wallen, McCoy's closest friend and fellow Irurnpet player in the Navy Blues Orchestra at the. Naval. TiechniCal Training Center at Meiiiphis. McCoy's entire, orchestra joined the Navy in 1942. Since that time the Bennett .sisters have worked in the ship's service store in Memphis in order to continue to sing with the orchestra. Goldman Quits MPCE Council ASCAFs Final Cut $M As expected, final quarter melon of . the American Society oiE Com- posers, Authors and. Publishers reached .sligiidy'bver $1,660,000, not too far off the advance estimate of $1^700.000: This is the highest quarter divvy ASCAP ha.s ever dis- tributed, but is still not final. In or- der to clear such items up before the holidays, the Society's board of director.s met last Thursday (14) in- stead of Dec. 28, and December's Income, of necessity, had to be esti- mated. Final quarter figure gave ASCAP the best year in il.s history. Its 12- month melon, amounting to approxi- mately $6,000,000, is $1,200,000 bettor than any. previous year. Checks go out toda'y (Wed.). Mac Goldman, professional man- ager of Harms, Inc., one of the Warner Bros, music ■firms, resigned his position on the' Council ot the Music Publishers Contact Employees union last week after a di.spute dur- ing a meeting of the group. His resignation at first wasiv't taken .seri- ously, but he refused to attend an- other Council confab set for.Monday : (18), saying that his move will stick. I Goldman quit after a nieeting last- week (11) during which another pro- fessional manager was haulecl onto the carpet for allegedly making de- rogatory remarks about the methods 'used by two contact people to gel plugs. One ot the people to whom he is said to have made the crack, a member of the Coimcil. refused to substanliaie the manager's remark, although he heard it, and Goldman quit in a huff over the lack of co- operation. Another New Disc Firm Touted, This Time With $10,000,000 BankroUer Papers are said to have been com- pleted last week on the formation of a new recording company that, —*ccordiig__.to.. iv»por's^ljiiu_.he-.jon. small proposition. Principal baclc- ers of the venturs' are two of the largest organizations currently in the theatrical field, with finances as- serledly amounting to $10,000,000. It's all so secretive at the moment that everyone allegedly concerned scurries for cover when approached on the subject. In the past year or so there have been dozens of reports re new re- cording companies Bjid literally mounds ot blueprints have been drawn for postwar organlzetion. The venture outlined, a.ljove, however, has no connjection with any previous plans. N. Y. Hotebnen Appeal WLB lipping of Musickers' Pay N. 'Y. Hotel Men's Assn., as ex- pected, has filed an appeal with the War Labor Board, on the latter's de- cision granting Local 802 of the American Fjdoralion of Musicians the right to raise'night club and hotel scales. Appeal automatically suspends application of the upped rate^ and Is expected to consume another six or eight weeks before nnal settlement of the situation. ^ Local 802 ordered a raise, effective S«i)t. 1, 1943; and It' was held up Wnding a vrUB action until several weeks ago. ' ' ■ . AFM TO GET AULD'S SNAG VS. WM. MORRIS Georgie Auld has taken his con- traclual dispute with the William. Morris agency to the Anierican Federation of Musicians. A meeting is scheduled between Morris band department officials and Rex Ri- cardi, assistant to James C. Petrillo in an attempt to work out a sep- aration. Morris assertediy wants $15,000 for Auld's agreement, plus about $7,000 he owes in back com- missions. • Frederick Bros, agency is said to be interested in acquiring Auld, to the point where it is willing to ad- 'vance the Morris agency the money the leader owes. However, the deal is stymied by the $1.^,000 price- placed on the contract. Auld currently is laying off. He broke up his band until .the above situation is. ironed out. Gloria Parker's Band In Buff Teeoff Jan. 10 Gloria Parker, femme bandleader, who has worked various N. Y. spots with male band, is currently form- ing a 2i'-piece "Swingphony" orches- tra which will debut Jan. 10 at the Kanty Lyceum Ballroom,. Buffalo. She will baton live strings, five sax, three trumpets, two trombones, two French horns arid three rhythin. She plays vibes. Her ran in Buffalo is indefinite. BMI Compiles Brochure Of Recorded Tune Titles To make it easier for member- licensees to quickly ascertain re- corded tunes to which Broadcast Music Inc. holds performance rights, a brochure has been prepared list- ing all titles. This data is assemr bled under bandleader names, since most recorded programs are made up from .that viewpoint. Included in the information is a brief biography of each maestro. BMI allows performance credits for songs performed via recordings. ASCAP does hot.- ROCKWELL TO COAST Thomas G. Rockwell, president of General Amusement Corp., left N. Y. Saturday (16) for his annual Xmas visit to the Coast. He'll be gone aboiit four weeks only this time. Comparatively short stay west is probably due, in some rheasure, to the re«ignBtion last week bt 'v.'p; Mike NidOrf (see^ sejJarile st6rjr).' ' D.CMaestrb Draws 4-Yr. Prison Term and $1,000 Fine for Service Eyasidn E\clelt (Washic) Bratcher. plati- mini haired local bandleader, was sentenced to four years in prison, fnied $1,000 for draft evasion. •Bratcher. when called for .sen- tence, denied he was given .t fair (rial. If he was guilty as charged, he declared, he should be .';cnl to pri.son for life or hung. He was con- victed of attempting to evade .serv- ice by appearing before the Fort Myer induction board on November 22. 1943, under the influence of ben- zedrine, taken, the government coii- tendsj to induce high blood pressure. In accepting sentence : Bratcher impas.sionately pleaded that he was ready to go into any branch of the service. His attorney noted an ap- peal and the band leader is free on $3,500 bail. ASCAP in Bid to Recapture Peer s APRS Holdings, Presaging Hot Fight BMI Like ASCAP, Faces Headaches On Hotel Pacts Broadcast Music, Inc., will bc.sin approaching hotel users of its music after Jan. 1 with licensing contracts. In teeing up its long-expected'drive into that field, BMI will probably run head-on into some explosive re- action from hostelry operators, many of whom are currently embroiled with the rival American Society of Composers, Authors-and Publishers, which is in. the threes , of revising - annual hostelry and nitery fees and not having, an easy time of it. ASCAP must reshuffle its hotel and nitery contracts to <;ohform with a new rate structure agreed upon with the government in the consent decree devised during the Society's fight with radio in 1941. To achieve more uniform fees among nileries and hotels that operate in opposition lo one ^^artother, the Sooicly nHu.sl lo\ver_ some fees affa^faLse otlier.s. and in .so doing has been niniiing into strung opposition. Recent 'I'ri- anoii-Aiagon ballroom, Chicago, cii.sc is an example. Another is at the Teriace Room, Newark. where ASCAP .seeks a boost from $B()0 j yearly to $i.5O0. Frank Dailey, own- er, a.sserts he'll cl6.se the room be-' fore agreeing to the boost. Harry Somcrville. who joined BMI last summer as its hotel contact man. will supervise the licensing. Paxton Orch Into Par, N.Y.,andMaybePennE: George Faxton's orchestra, one of the handful of new bands organized this year, has beeri booked into the Paramount theatre, N. V., and inay follow with a run at the Penn.syl- vania: hotel, N. Y. At the ROseland Ballroom, -N. Y., almost .without let- up' since its formation last .spring, Paxton's combo is the first Fred- erick Bros, outfit into , the Par in years and, if it-goes in the Penn. the first FB outfit in that spot. Hotel deal was made direct; not through General Amusemeni Corp. which heretofore has had the ho.steliy .sewed up. Dales are at the Par.; approxTfiiatc- ly March 28 and the Penn i which has verbally okayed the booking, but contracts haven't been signed) the band would follow Ca.sa Loma, starting June 4. 'Loss' Date Snag To AFM Exec Bd. Rex Ricardi, assistant to James C. Petrillo, who has been conduct- ing the investigation into "loss" location -dates in N..Y, ■ past .sev- eral months, will place the prob- lem before the American Federation of Musicians" executive board, which ineets next month. At this liicetiin; a solution will be soufjht and. it's said, recommendation will be -made that the union order remote broad- ca.st wires be pulled from cerl;iin spots deemed to be the most flagrant violators of what the union thinks is harmful" to the progres.s of bands, mostly those just tryiiig to get a toehold in the business, RIcardi's action, or rather the ex- ecutive board's action, if it is taken, will not be national in scope. It will involve spots in N.Y. only,' it's thought. Both Broadcast Music Inc. aiid th« American Society of Composer.s, .Authors and .Publishers are already, in quest of the performing rights to Latin funes grouped under Ralph Peer's American Performin.i! Right* Society! "Pfiov's current, fiye-.vear agreement with BMI, consumnialed during ASCAP> fight with radio in- terests, during and because pf which BMI was born, doesn't expire until Dee 31, 1945. It's no .setrct that ASCAP wmild like to have the Peer holdinfrs back in it.-;. campV If this could' bo .nc- chmpli.shed, a sizable dent could be put in the radio-financed BMI pro- ject, which w; s set up and is bci -i{ maintained \solcly as n threat to .^SCAP nnancial demands on broiid- ca.stcrs. Peer ori,;inai|y .sisncd with BMI bccKU.-e of bad icr'l'n". hctwron him.sclf .ind ASCAP iiid. if.s in- .tjnialcd. iJi:U if the Society rvr .-uc- cccds in rclurning to its fol-1 l ic nuisic represented by APRS, it will be !it a co.stly price. ■ - Prior lo its approach to Pctr dm a deal to set back the rights to iiis music, ASCAP earlier this yo;ir .s> in Herman Finklcstein to Mexico to I y and waii.Mle the .source of thi.-t to n- try's music away from Peer and EMI. Finklestein offered $20,000 a '.> ear .ijuarantee' He didn't .sicure the rights, but succeeded in drivin;; liio cost to Peer and BMI fronv$8.n;l0 to $24,000 annually. Meanwhile, Peer last; week i-I .-cd with BMI oh a new (innnci:.! (Jeiil tor the final year of the livc-ycar conti-;ict. While the filiures may or not be hijih, for. ASCAP's bciicilt, - it's cla med that BMI'has gu.ir.TnLccd APRS S150.0d0. plus onc-h.-ilf of iill. llic pirrfornianco royalties carnci: by its ci)pyri;>hts. This is said to be ;i (leal ■stn-p;;.ssing by .$40.0 0 i:if ;-.r- i-;in.:;emc:nt between the two o.: ;nii- ZLitions lor Ihc current ^ ear cn-lrng Dee 31. es BMI JOHN KIRBY AWARDED 5G IN LIBEL ACTION ; John Kirby was awarded $.5,000 ; damages by Judge John Bright in j Federal court, N.'V., last week in his ; suit for $50,000 damages against the Pittsburgh Courier, Negro news- paper. Kirby .sued for libel after the .sheet, in its Aug. S issue, itemed, "If John Kirby doesn't report for induction his draft board will have the FBI track him down." ! In his opinion. Judge Bright inti- mated that the jury's award of SG'.s for such an unfounded slur might not be sufticient remuneration. MUSICIAN AWARDED 17G DAMAGES IN BUS CRASH Chicago. Dec. 19. ■ George While, bass player, for- merly with Skinnay Ennis' or- chestra, was awarded $17,000 dam- ages in Hammond, Ind.. U. S. District Court last week against White Con- solidated, Inc., for injuries received in a bus accident in 1941. White testified his leg has been injur-ed so severely he could no longer stand up to play his bull fiddle. Accident occurred in Gary, Ind., in summer of 1941, when a bus car- rying Ennis' band struck an un- lighted street repair barricade. Sev- eral other members ;0f the orchestra were injured also and have damage suits pending. Ennis' band, at the Palmar Hou.se at the time, was out playing a club date on its night off from the holel. L. A. Local 47 Reelects Officers, All Unopposed Hollywood,. Dec. 19. Local 47, American Federation of Musicians, held elections last night with incumbent chiefs going back in for another term unanimously, since they were unopposed. Proposition that term of office be isxtended from one to two years fo?; all officers was also approved. Reelected were: J. K. Wallace, prez; John T. Groen, v.p.; Frank Pendeltbn. recording secretary, and Al C, Meyer, financial secretary. Board of- directors and trustees also vrei-e returned to their duties. La. Gov. Enjoins Musician From rising His Tag New Orleans, Dec. 19. Governor .Tames H. Davis an- nounced Friday (15) he had ob- tained from, chancery court in Hinds county. Miss., an order permanently enjoining Jarnes Cockrell frorn.u.sing the governor's professional name of "Jimmie Davis" as a professional musician, composor or actor. Decree, signed by Chancellor V. J. Strickner, - found that the . com- plainant, the ' Louisiana governor, first used this name in connection with Writing aiid singing of .songs and that the narne'has come to be understood by the public as desig- nating the governor. Order did not einjoin the defend- ant, described as now In the armed 'service, from using his full name, "James Davis Cockrell or Jimmie Davis Cockrell." LanI Mclniyre's Royal Hawailans and the Five Aloha Maids wJU open in the Bainbow Room of the Ken- more hotel, Albany, .Friday (22). They wtre at the Lexington hotel in N6w- York for three years. • , Publishing Deal Hal .Mclntyre is also nego;.:;..ns a: miislc performance deal with Biond- ea.st Music, Inc. If It goes lhrou;{h, he will .set up-a publishing fi rm .Sim* i)ar to .the many other non-Kctive outfits arranged between BMI snd bandleadeis. He has been ollered a $12,000 per year advance again.st performance royalties of originals in hi.s book, the usiial arrangement of this .sort. There are otfTer deals in the works with Vaughn Monroe and Lawrence Wclk, it's said. Mclntyre is currently al the Com- modore hotel, N. Y. Les Br6wn-Glaser-Brooks Deal for Latter's Band Dropped; Molls New Plaii.s belv/ecn maestro Los Brov. n, his manager, Joe Glaser, and frum- . peter Randy Brooks, throui;h wlixh the 'oadcr and his pilot were lo finance the formation of a band for Brooks, have, been dropped, f.s a result, he is proceeding-alone \vilh blueprints for his own comhin;:-.'on and has been talking to Crncral Amusement Corp. re a bookin", cr n- tract. He's also chiniiing with .: • k Robbins. ' ' ■ Brook.s. who was with Brov.n lur two years or so, had lately bet n out 01 the band due to trouble with his lip. He had an operation foi- the removal Of a cyst. Phil Spitalny Orch On New ConcertTour Jan. 15 Phil Spitalny's all-femmc "I-iour of Ch.irm." orchestra will begin an- other brief concert tour, Jan. 15.' in VVashington, D. C. Drawing $3,500 . guarantee oh each date against 60'i of the gross, the band wiU play, in order, Bullimore, Philadelphia, Har- risburg arid Hartford. At $3.60 top, all dates have been virtually sold out already. Harry Squires -of Music Corp, of America booked. Spitalny's last string of 10 con- cert dates piled up a gross of $107,000, out of wtitch the leader netted $5i;000,