Variety (Dec 1944)

Wo«liiesday, December 27, 1944 ORCHESTRAS-MUSIC II Jack Roblwis Radio-Bioged Jack Rabbins wag radid-bioged over the entire Mutual network orig- inating from WGN, Chicago, last Friday (B2) night, when the career 6t (he music publisher was dramatiEed. His start with his uncle, Miuirice Richmond; the encouragement of his wife Rose; his pioneering Interest in "mood, music" for pictures (silent) and his enterprise later with ftimusicals and talkers (Metro became his partner, in 1929), made for a colorful cavalcade. It was well done, properly, interlarded with Robbins-Feist-Miller tunes, Including, the pioneering "Tell Me.": £niph«sis was put on Robblns' acqi.ii.si(ioik of the . time-honored Leo Feist, Inc., catalog, for $400,POQ, and how h^ put "Joe" (presumably Phil Kornhelser,. who Is actually back'with the Big Three) back Into Feist.y, The sponsoring insurance company made an appropriate: donation to USO-Camp Shows In honor ol the Robbinses' boy, Buddy,'who is overseas. It was a.Atting climax to the well-done halt-hour broadcast.' Orily the very initiate mlghtf exjgress concern that the "Mike Todd", ybic.e of two weeks ago. In a .similar broadcast, was last, week's "Jkck Bobbins," since obviously a mora or-Jesis similar .stock company does- its sluli for this spon.sor, the Mutual Life of Iowa. -Ifs all part pf a "Freedom of Opportunity" success series. ' Abel. ASCAP to Start Licensing Concert HaDs Jan. 1; Erdman Heads New Dept. American Society of Composers,* A«lhoi:s and Publi.sh'ers, in board meeting last week, laid final plans lor going into tlie -fleld of licensing eontert halls for tlie performance cf ASCAP music. Starting Jan. 1, Wie new department. will proceed with the plan under the supervision of Fred Erdman, formerly head of ArtisLs & Repertoire for ReA-Vie- lor recording, but for the'last 10 years N. Y. district managei; and Idler .supervisor of eastern territory for the Society. , No rate siruclure has been, liiid down for concert hall licensing. Fu- ture board and cominitlee nieeting.s will blueprint coKls to u.sers. ASCAP a-s-seriedly has been nuill- iiig conoerl-lield licenses for some tiirte, but was forced lo. defer plans due lo an iiicoinplele ropoitoire. Since the recoiU addition of serious French and Brili.Kh. compositions to the Society's lioklings., the latter is now deeincd substantial enough to proceed. Mrs. Kramer Drops Late Air Remotes Mrs. Maria Kramer, operator of the j . Lincoln and Fxli.-on hotels. N. Y., last week advised the Mutual network and OBS, which pick up band remote.s from both hostelries,. that she no lontter w'ould accept air lime for the.--6 outfits ader midnight. Mrs. Kramer, who supplies as many re- mote shots weekly as it is pos,<iblo to get on ekher network, for Count Basic's band, in .llie Lincoln's Blue Robi\J. and Ray Herbeck. in the JEdison's Green Room, favors rcniolc broadcasting by these bands mainly becau.se of Ihe arlverlising her hos- telries get and her cancellation of ■fter-midivight pickups, is based on the claim that after that hour the available audience isn't worth the expense. While the Kramer altitude toward remotes is .strictly based on what posl-midnight air time can or can- nol do for her hotels, it plainly in- dicates the value of late sustaining time-to the bands involved,■ since her move is assei'tedly. based on a ■urvey. A pro and con discu.s.sion on ihe worth of air lime has been going on in the band businc.ss for . Mmc time. It's aKrcccl . that-early •venings ave' helpful to- some .e.v- . lenl, but bandsmen .are convinced that airtiine as a whole has .lost ilic majority ot its power to buiUi iiame.s. Mrsi Kranier now has a tw-o-s1a- tion network in operation belWein her N. Y. spots and the Roo.scvelt hotel. Wa.shington. Three nights weekly WWDC, D. C. picks up the tand at the Roosevelt and reiays it to WINS, N.-Y.. 7:15 to 7:30 and the other three nights WINS relays to • WWDC one of the N. Y. ouinis. Each, of cour.se, carry .the local Chappell Pulls Songs Out Of 'Happy and Glorious' London). Nov. 30. . Chappell has notified George Black- to delete "Never Slept a Wink Last Night," which Tommy Trinder uses in George Black's—IRalladium show .' Happy; and .Glorious'', to burlesque Frank Sinatra, wilh management substituting Peteir Maurice's number "All or Nothing at All.'' Music company also requested de- letion of "S.olomon," sung by:EIisa^ beth Welch In .same show, claiming it's copyrighted, being property of Cochran and Chappells. Jewel Music Co. Appeals 'Sunrise' SESAC Decision Jewel Music Co., which lost an action by, songwriter Jack Law- rence via a ihree-mah panel of the American Arbilralion Assn., has ap- pealed to the N. Y. Supreme Court to set aside the decision, Lawrence was. awarded by the panel a split of Jewel's Income from his "Sun- rise Seranade" tune, specifically a portion of the cash paid by SESAC to license the performance. of the so'ag in Its own peculiar field. He claimed, that under the clause in the standard' Song\vi ilei''s Piotective Assn, contract which gives the writer ".'iO'' of all other inconie" beside the usiial .mechanical, sheet music, etc.,. royaltie.";,' he was entitled: to a portion of the SES.^'C income. Motion by Jewel is to vacate the SESAC: deci.sion and to conl'irm the panel's negative decision on the aspect of the case involving the American Society ot Compo.sers, Authors and Publishers, .^l the time, Lawrence asked the panel lo award him a portion of Jewel's in- come from A.SC.AP also. This plea was tuined tlowii on the basi.s of Lawrence's own nicinbcr.ship-. in the Society and his- collection of the writer's end ot performance royal- lies from that organization. ;Jewel's motion will be heard after the holidays 'before Judge Denis Cohalan. Band Buyers Must Kick In Tax Bite Based on Salaries, Not Scale Billy Eckstine's Orch To Debut Balto Ballroom Baltimore, Dee. 26. New oiie-night ballroom is. being opened here Jan. 1 at N'ew ; Albert ilall, which has a capacity of about 2,500; Billy Eckstine's orchestra will debut the operation. It's being run by ■ Goldie." former headwaiter at the Lincoln hotel, N.Y., who assertcdly intends to eventually, make the spot a. full- week operation By pro grams in their own tei-i-itory as well I '^^ CarncKio' last veai «s relaying them. Mrs. Kramer pays I i cceotion for. the line One Note Higher And Only Dog Could Hear Duke's New Tooter By nO.N WALSH Duke Ellington's third invasion of Carnegie Hall. N.Y. (19) brought out a large crow-d. including Sgt. Joe Louis, World's heavyweight champ. Latter's .well-known trademark, im- perturbability, seemed to cue the au- dience reaction during much of the concert, although there wrere occa- sioiLs when the talented bandsmen generated spine real excitement. For '.-lomie inexplicable reason, stagers of the Carnegie Hall affair decided to toss the printed program to the winds with n resultant mixiiig up of .selections llvat didiVt help. Al- though the Dnke poli.shed up .some o( his newer, more ambitious com- positions for the "concert hall" trade, it seemed that the older, proven Ellingloniana was more to the.'audience's liking. Unfortunately the.se highlights were s p o I t.e d indiscriminately throughout the program so that the Iwo-hoius-pliis failed to reac|i any delinilc climax. Grouping of such tunes as "Cieoic Love Call," ""Don't Mean a Thirtg^-aiid longer versions Of " Sophisticated Lady," "Solitude," ""Caravan," etc.' ibrushed off ii.s an Ellington keyboard medley) would have bolstered things. - Helter-skelter aspccis of the pro- gramihing apparently didn't help the mu.sicians cither, since traces ot list- lesvS en.semble work cropped up now and then—something rarely found in an Ellington band. The outfit's superb soloists, how.-, c.vei"; came through as always, with Rex ,Stewart. Johnny Hodges, Ray Nance. Harry Carney, Joe 'Tricky Sam). NanloHj Taft Jordan;. Junior Raglin, etc., .-.taiidi.ng but. Duke al-sp unveiled- fOr Carnegie jjatroas! one Billy Ander.soii playing the highest trumpet noles ever. One note higher .md only A dog could hcai" him. . The concei-t'.s augmented ro.stcr cf vocalists . included Al Hibblcr, Ray Na'noe, Joya Shci rill, Kay Davis and Marie Ellin.ulon. A -sho:tc!ned ver- sion of "Black, Brown and Boigc." and the Puke s"Pt'rfume Suite" pro- vided icin.;' for the caUe.. Of the lat- ter, the infectious ""Dancors In Ilovc." Dukc'.s piano standout heard not the best Watchword in 802 Election Squawk £Nplo.sion over rumoicd irrcgu-; larities in the handling of the recent election at. N. Y.- local 802. American Federation of Musicians, is still b)"ewiiig. None of the nieii involved in the .supposed discovery of iinr proper handling of the balloting, namely, live Unity party, will.dis^ cuss what's being done. . Neither will the American Federation of Musicians, to \vhom the Unity group allegedly made formal complaint last week, coupled with a request Jhat James C. Petrillo order another election. Fetrillo was in Chicago with his family over the holidays and had not returned to N. Y. yes- terday (Tuesday). An AFM spokes- man yestei"day- (Tuesday) as.serted the problem was not yet officially a national ofTjce situation, soffiuin was the word. . ' . , Another report that could not be substantiated was that Samuel Sea- bury, head of the Honest Ballot As.sii. iwhich 802 says conducted Ihe election and which Uniiy says did not), wrote Petrillo a ielter.that the organization did not handle Ihe elec- tion and reflises to certify its results. Hullabaloo is over the fact that George Abianis.. Chief Investigator of . the Honest Ballot tiroup, super- vised the c.lc;tion. It's claimed that he did not represent the ."issn. and had not the aiuliority to use it.s name. A'ui";iTii5""t'u6l< - x-in+s—-r.t —t'hc- Assn's oflites in N; Y. last week, .however. . Al Diirry's Rhythniaslers (who include Frank Sighorclli on piaiin. Anthony IWatlola, clcc guitar, and Ma.\ Shopriick, .b«.*is) have waxed Hot Fiddle Cla.ssics." album, of tight sides, for .Mtisicralt. WAKELY'S DISC PACT Hollywood. Dec. 2C. Jimmy Wiikily clased a deal with American Recording Arii.sts to cut six sides annually over a period of two years. Coin-Machine Licensing Law Ruled Invalid Akron Judge After Suit Akron. O,. Dec. 26. This city's new. loriu disputed juke-box licensing nnlinanoe was held invalid by Smnniil County Common Pleas Jiid.s;e Frank II. Har- vey, in <1 decision last "vveck ill)) which called the measure " uncertain and vague" in many uf iis es.<ent!«l terms. He issued a pernianent in- junction restraining city officials and police from atieiii|>ting to en- force, the measure, ena.cied last suln- mei", providing for. an; anniial li- cense fee of $20 a.year for each box. Measure similarly taxed all other coin-operated mecharti(:al devices. : Thomas. W. Butcher: owner of a large number of juke boxes, was plaintifT in the siiit. his aitorneys contending the'license fee wiis "'ob- viously . excessive and a subterfuge for a confiscatory lax.',' Thi.s point was not passed . upon. However, Judge Harvey did say the city'.s en- tire income from all kinds of li- censes during 1943 was only $21,500, whereas the '.e.stimated annual in- come', from the juke box measure was $30,000, " rar greater than all liie others licenses the city i.^sues."" •Judge Harvey .':aid thai in.., his opinion there had been ho evidence submitted to indicate that the jrtke boxes are a nuisance. He said the measure was ""ambigUou.-; " in that it failed to -clearly designate who should pay. the annual fee—the owner, renter, or person who played the box. Sponsors indicated Ihcy would re- draft the measure to eliminate the alleged vaguene.ss. . ~ Band buyers who have been de- ducting social security and. with- holding taxes from orchestras oh th« basis of AFM scale rather than on the basis of. actual salaries paid musicians b.v bandleaders,, will b* liable for the difVerences, according . to a ri'ilinft froin ihe Internal Rev- , enue Department' by Phil Braun- stein, N; Y. nc(:ountant for a ma-, jority of the larger bands. Braun- slcih itionths ago applied , to the government agency for a clear pro- nouncement .of .proper procedure and only last week received the de- partnicnt"s ruling. . .According to the Treasury, band users ale thomSelvcs duty-bound to collect S..S. and withholding monies from musicians on full .salaries as listed Qii AFM contracts by leaders and, if they fail to-do so, will be held liable by the government for the difVerences between ta.-ccs with- held oil . basis of scale and aptual salaries. It will be up to them, after the government demands -and col- lects full ahiounts. to go after the leaders on wlioiu they, have made . only partial deductions and recover what's due them. Many users of bands on one^ nighters, on location, etc. deem it too much trouble and too. much iriathematics to figure but the with- holding and s.s. cash on actual in- dividual .salaries, after the usual al- lowances. So. llrey proceed -to take. out On the basis of .scale, a mucfi .simpler job. In doin.g it: this way, however, the leader stands to have bigger bites taken out of his end. For example, if a maestro .fs draw- ing S3.000 .for a date and his actual payroll is $2,000, as again.st $l,i200 demanded by AFM .scale, he pays a tax bite,.on $I.BOO, less normal de-r ductions, when the! deductions right- fully should be only the $1,000 dif-. ference between his actual costs and contract price. . BUDDY RICH SCRAMMING T. D. TO FORM OWN BAND Buddy Rich, ilrummcr currently with Toininy Dor.soy s orclicstra at the Capitol ihealix. N. Y., will leave that band, in AftrtMo bufld and. lead his own combination. He has a one- year conti"acl with D<)r.-,ey which (;xpiros then. It wiis .-ii-.ncd when Rich rejoined the. band -soOn after he w.-is di.-;( h;iri;ecl J nun the-Marines last year. While in ,-ervice. Rich sigh<?d a booking conliaci with Music Corp. of .America, aii'd, of Course, that agency will liiindle liii? new uunit, Al Ross Follows Late Brother's Vocalsteps Pitt-sburgh. Dec. .21;. ' Al Ross iCrro>>i). seenis to be fol- lowing-in the f()olste])s of his late brother! f S' Dick Ros.s, kilted in. action in Kurope .several month.s ago. Before going into tlie .service, Dick Ross was : vbtali.sl with Maurice Spilalny's band. Last week Spilahiy opened a run at the Vogue T.erriice, McKeosport. and he introdurtd a new male vocal- ist—Al Ross. GEN AMUS. PACTED TO BOOK RANDY BROOKS Itandy Broolv^, trumpeter formerly w'ilh Les Brbwn"s orchestra, .--ighed a booking ■ contract with. CIcneral Amusement Corp. lii.st week and will proceed ".vith building a band of his own. Brooks say.s. he has the majority of his men already lined up, but has not coniplclcd all Onan- cial details. In an.swer to Bi'pok.s", slalement of l.-is t week th at he was aTfrlTI' by Brown antP Joc~C;Taser. ■li7tterS~~WUSr'Bc OlSXaihed frbirt" A'SCAP 'ol manager, after two years with the band and a promi.sc of financial backing for a-combo of his own, Glaser states, that the deal didn't go through becau.se of the obvious dif- ficultics of starting a . new band. Glaser says he offered Brooks a post-war proposition: which w-as re- jected. -Russ Deal Cues ASCAP Tiff Leeds Music Co. is currently em- broiled with the American Spcicly of Composers. .'V.iithors and Publish- er.; in a dispute over the-latter's re- luctiirice in.giving Leeds full protec- tion and support in its attempts lo prevent further pirating and misu.se i)f ihe Russian nnisic the publisher recently actjuired via a deal with .Vm-Rus Music COrp. Leeds recent- ly clo.sed with AnvR.u.s for the U. S. leprc.schtalibn of all Rus.sian musio, including works by, Prokefieflf and Shb.stakovich, and its appeal to ASCAP, to .recognize and support thr arrangement agaiiist piracy and un- licensed use of Ihe music is a pre- lude to Leeds' application for lull performance credits. Leeds-^s an ASCAP firin: Stipulated in Leeds deal with Am- Rus is that performance credits James to Culver City Casa Manana for $5,000 Hollvuoc^d. Doc. 2C. Now ihat the Oor.-ey brothers , have decided lo elo.se ' their Colon- I nades Ballroom, Oceaii .Beach, for a I couple of the ■>vintci" iiionlhs, Harry James' orchestra will .shift to the j Casa Manana, Culver Cii;,, on r. sim- ilar three-day weekend plan. James will go into the .spot, for his first of a ."■erie.s. Jan. 12, drawing a reported $5,000 guarantee gainst .80;of the gro.ss. a split that's of. -. James played tne b irsey .^pot.con- sistently v.-hen he was^ in.Hollywood last fall, and again' hut month when he returned east. lii on.a aO-.'iO basis on. weekends, ho took oiit as mUch as S8,Bp0 or thereabouts .>orne w;eekij. Gene Kriipa moves lino ihe Palla- dium, . Hollywood, 1 lii.s weak, to be followed Feb. 6 by Vaughii Monroe and March.'2b by Frankle Carle. ' he music must be alTiliated wher« it will earn such royalties. This means Broadcast Music, Inc. Leeds: .slate.s that it ASCAP support is not forthcoming by. the begining of the year, fhe music will be transferred from Leeds to a new firm and aligned with BMI. j Same soi"t of stipulations ^re iii- I cluded lir a deal Leeds completed ' la.st week with live French music I catalogs, for U. S. representation , rights. Negotiating w i th Raoul Breton, Leeds acquired between 4,000 and ..V.OOO copyrights • in th» Raoul Breton. Vianelly, Maillochon, Carlton and French'Music firms. All Of these companies are members .of the French Performance. Society. Joe Davis Introes 'Joe Davis' Records . . _ Joe Davi.s Music. Co. will add an- linost unheard ! other label -to its current iBeacon . ' relea-ses, Jan. 15, coming out with "Joe Davis" dLscings. They will sell for the same' 75c top as the Beacon releases; For his inilidl sides under the new title; Davis has ^ signed , Ai mand Camp, An^tx. recently discharged from the Coast tiuard. This contract is a personal management agree- ment, Davis' flrit with'an artist, and the idea is to give him a buildup en the Davi.s-owncd recordings.'