Variety (May 1946)

84 ORCHESTRAS-MUSIC Caesar Stance As Publisher Nominee On Appeals Bd Sets ASCAP Precedent Heated discussion centering around Irving Caesar's acceptance and sub- sequent withdrawal as a publisher nominee to the appeals board of the American Society of Composers, Authors and Publishers, after he was defeated for re-election to the Society's director board as a writer, is not yet finished. Probably for the first time in the history of ASCAP there is a concerted move among certain major Society members, to elect a man not nominated to an office. Caesar's name is being written in on the Appeals Board ballot distri- buted to members by ASCAP last _wcek. Since the people who are dis- regarding the men designated by the nominating committee for the posts, are among the most powerful, vote- wise, the probability is that Caesar will be elected. Along with Caesar's name, those who' are: proceeding to write-in their : own choices are add- ing the name of Max Mayer, incum- bent member of that board, who was offered the post again but rejected it. If he's elected on write-in votes he will herve. In this particular case, the writers who ganged up on Caesar and in- stalled Paul Cunningham in his place on the main director board, cannot interefere. Balloting on the writer and publisher posts of the appeals group is restricted to writers for writers and publishers for pub- lishers. Caesar, though he occupied a seat on the director board for years as a writer,, is also a publisher and is fully entitled to a seat on the appeals board.. VALINES' MUSICRAFT DISKS SET UP BAND Miguelito! Valdes is planning for- mation of a 19-piece band to bow sometime in the fall. He's already planting the idea through his latest crop of Musicraft disks, which will 'be billed as being done by Miguelito Valdes and orchestra. It won't be the first time that bands have been formed following billing on platters. Larry Clinton founded his hit orchestra after he clicked on recordings. Top Tunes for Voir Books An All-Time Favorite CUBAN LOVE SONG Music by. .. JIMMY McHUGH Published by BOBBINS Victor Pacts Gaillard Hollywood, May 14. Just prior to making tracks back to N.Y. on SurcU2), Eli Oberstcin, veepee boss of pop recording for RCA-Victor, pacted Slim Gaillard for one year's disking. ■ Last week William Morris agency nullified exclusive waxing deal which Gaillard set up himself with 4 Star Records. Coast plattery, on grounds that agency had performer under contract on standard AFM form which precluded artist from selling himself without agency ap- proval. Gaillard will wax first sides for Victor in two weeks under direc- tion of,. Art Rush, plattcry's Coast chief. Local Okays Cooley In Beef With Spriggens Hollywood. May 14. Spade Cooley lias again been given clean slate by Local 47 on charge of having solicited job formerly held by Deuce Spriggens* band at West- ern Palisades ballroom, Santa Mon- ica. Following first dismissal by trial hoard on grounds of insufficient, evi- dence, Spriggens tried again to hang the RAP on Cooley; egged • on by Bobbie Bennet, who formerly oper- ated the ballroom, and who herself has been eased out of spot by owner Walter Newcomb along with Sprig- gens. . Understood that Spriggens, also ; t>n Miss Bennett's insistence, will take the matter to the board of directors, customary move when dissatisfied with, trial board verdicts. It's also reported that Miss Bennett will sue Newcomb, though it was admitted at Coolcy's trial that she had no lease and Newcomb was more or less within rights in ousting them. Cooley is now occupying Spriggens' spot at cactus capery under aegis of Newcomb. Formerly he alternated with Spriggens, coming in several months after Spriggens opened spot. Spriggens and Miss Bennett virtu- ally were evicted weekend of May 3 when Newcomb simply moved in ahead of. them with Cooley. Week before, Cooley had been dropped as alternate band after Miss Bennett ac- cused him for soliciting both the job and the "lease" she reportedly held. In flatly denying charges of Sprig- gens and Miss Bennett, Cooley coun- tered with report that he wasn't get- ting an honest shuffle in his percent- age deal. Both he and Newcomb in- stalled their own checkers, it's stated, and found appreciable discrepencies In reports they received compared with the return given them. Mildred Cavanaugh shifts from N. Y. office of Capitol Songs to Coast branch. A Tenth-Week Report of the Harry Moss Agency CONCERTS-Robert Stolz „ World-famous Conductor and Composer Hollywood Bowl, August 24 Grant Park, Juno 29-30 Record-Breaking Gittt Appearance*, Robin Hoed Dtll, Lowlsoba Stodlam Exclulve Representative, Harry Mou ORCHESTRAS-Art Mooney, Enoch Light, Johnny Messner, Johnny Morris, Jonny Grant T. l 'i i ? I< \. t ?iJSSU ,Y «P 0 . BSEr ' SAMMY KAYK. ST.W KENTON, ilft.'' MclNTYKE, CLAUDE THOBNHJM,, GKOHOK FAXTON. ■i£A,,5 AY HUTTONV HERB MII.T.KR, MARK WABNOW, 8AM iJSSSJfA 11 ' M"* ™»'»S. VINCENT LOl'EZ. RANDY BROOKS. OKORtiK TOWNE, RAY MrKINXEY, ADRIAN KOLLI>I and «li»lr offices for cooperation In wrvlclnr our clients. ACTS-Sammy Walsh, Sonny King, Diane Courtney, Anne Barrett, Henry Nadell, Myra Jeanne, Ann Brewster, Hal and Renee Marquette, Pat Rooney, III, Kajar, June Brady COCKTAIL UNITS-Three Bars, Jackie Paris Trio, Don Scott Four, Four Naturals, Carol Norton and Freddie Grant HARRY MOSS AGENCY 1897 BROADWAY, NEW YORK CITY Pnoaei: COIembn 5-7788, Circle 5-9835 10 Best Sheet Sellers (Week Ending, May 11) Gypsy —Leeds Laughing on the. Outside, .BMI 'All Through Day ..,. Williamson Prisoner of Love Mayfair- Sioux City Sue Morris I'm Big Girl Now World Shoo-Fly Pie ... .Capitol One-zy Two-zy Martin Oh What It Seemed. .Santly-Joy Cement Mixor... ... .Mills DAR Re?ises Anti-Negro Stand to Permit Tuskegee Choir to Use Its D.C. Hall Washington, May 14. The Daughters of the American Revolution has reversed its stand, at least temporarily, against per- mitting . Negro artists to appear in Constitution Hall here. DAR. board last week okayed a concert by the Tuskegee Institute choir June 3 in honor of Booker T. Washington, col- lege's founder. Hall will be lent without charge and all proceeds will go to the United Negro College Fund. Mrs. Julius Y. Talmadge, of Athens, Ga., president general of the DAR, de- nied that pressure by Rep. Clare Booth Luce. (R., Conn.) had anything to do with the action. Just how long the new'policy will remain in effect is uncertain because there is a strong faction within the organization demanding no devia- tion from the amendment written into the DAR constitution in 1932 to bar .the hall to any but white artists. The. Tuskegee concert will be the first since 1931 at which a Negro choir has appeared on the stage of Constitution Hall. At that time the Hampton Institute choir sang there. In. 1939,. Marian; Anderson was barred and eventually sang in Wash- ington before 75,000 people in an outdoor Easter concert in front of. the Lincoln Memorial. That was the time Mrs. Eleanor Roosevelt re- signed from the DAR. In 1942, Miss Anderson was invited to sing at the Hall but negotiations fell through because the singer insisted that she also be permitted to appear in fu- ture concerts and that there be no segregation. In Jan., 1943, Miss Anderson did sing at Constitution Hall in a benefit performance for the United China Relief. Last year the DAR nixed an appearance by Hazel Scott, the pianist. MILLS BR0S.-DECCA TIFF ON HA6T DISKS Mills Bros, and Decca Records got into sharp disagreement about, two weeks ago over production of their latest disk hit, "Don't Be a Baby, Baby," published by Triangle Music. Dispute started when the Mills freres found that production and market- ing of what they thought was a big hit for them had been slowed almost to a halt after little more than 300,- 000 disks had been put out. Brothers, along with General Art- ists Corp. execs, who handle them, went to the- mat with Decca, which resulted in a revival of production of the disk. Singer Files $400 Claim Vs. Bob Crosby at AGYA Bob Crosby and his band manager, Gil Rodin, are being called up on carpet for a hearing by American Guild of Variety Artists to answer charges by Jewel Hopkins that she is owed $400 in back salary. Miss Hopkins recently was replaced as vocalist with band. Singer asserts she was not paid $25 for a dance date over March 25 weekend, plus full week's salary of $125 for week ending April 2, and was thereafter fired summarily with- out payment of two weeks' salary in lieu of dismissal-notice. Hearing will be held this week In Hollywood branch of AGVA. Crosby crew is at Meadowbrook ballroom there. . Wednesday, May 15, 1946 NBC, CBS, ABC, Mutual Plugs (Peatman System) following ore the Most Ployed soiifls of the week. May 3-May 10, based on the copyrighted survey by Dr. John Peatman's Office of Research, usitta the Accurate Reportlno Radio Loo as basis of Information in N. Y. All the Cats Join In..,,. . .{Regent All Through the Day—f'Centennial Summer" , Williamson Atlanta, G. A. 4Stcvens Coax Me a Little Bit ....... .Bourne Come Closer To Me....... ..'...{Melody Lane Come Rain, Come Shine—'"St. Louis Woman" .". ....Crawford Day by Day........ ..... ........Barton Do You Love Me—f Do You Love Me" .\ , .BVC Full Moon'and Empty Arms... .Barton Gimme a Little Kiss .... .ABC Gypsy, The .,....' .Leeds I Don't Know Enough About You .... 4C-P I Fall In Love With You Every Day... Stcpt In Love In Vain—i"Centcnhial Summer"... . .' T. B. Harms In the Moon Mist ;.. .'Shapiro' It Couldn't Be True ; .. . ....Santly-Jov Laughing'On. the Outside......:. 4BMI More .Than You Know—*"Grcat Day" Miller Oh What It Seemed To Be......- ................ Saniiy-Joy One More Dream , Bafton One More Tomorrow .;.... ..... . ^ RSmick One-zy, Two-zy ....... . -...Martin Personality—t:'Stprk' Club" Burke-VH Prisoner of Love : '. Muvfair Seems Like Old Times ....... . ... ... .1 .Feist Shoo Fly Pie .. ..' ;..Capitol Sioux "City Sue ...... .Morris They Say It's.Wonderful—""Annie Get Your Gun"... Berlin We'll Gather Lilacs Chappell Who's Sorry Now..' , Mills you Won't Be Satisfied ...........Mutual t FUmuslcal. • Legit Musical, i BMI Licensed. Tic Toe, Mont'l, Musicians Guild Shift Battle Holds Montreal, May 14. Months- of legal tiffing ended Fri- day (10) when the Tic Toe Cafe here settled its dispute with the Musicians Guild but of "court. Tic Toe threw in the towel, which led to Superior Court quashing an interim injunction granted November 5,. 1945, and dis- missing a petition for a permanent injunction to prevent the Guild from placing the spot on the "unfair" list. The whole matter isn't ended, how-, ever, since the out-of-court settle- ment merely means that the Tic Toe will not try any more legal restraint against the Guild's labeling it "un- fair." As far as the Guild is con- cerned, the spot is still "unfair," and, furthermore, the' Guild is instituting a $25,000 damage action charging the Tic Toe with putting the Guild's ac- tivities in jeopardy during the period of litigation. Row started months ago, when the Chez Maurice Danceland, which the Guild charged was run by the Tic Toe ops, threw out the. union band and substituted a non-union outfit. Tic Toe ops claimed that they were merely creditors, not owners, of the Danceland. So when the Guild listed the Tic Toe as "unfair," the shooting started. SHEflWIN DUE FBOM ENG. Manning Sherwin, American song- writer who penned one of the top British war tunes, "A Nightingale Sang in Berkeley Square," is slated to arrive from London, May 19, for his first visit to the U, S. in several years. Sherwin is bringing several new songs and other material with him, which he hopes to incorporate into a Broadway musical. Savoy Sues to Loosen Leeds Grip on Copyright Savoy Music Co,, claiming prior ownership of the song, "Just In Case You Change Your Mind," filed suit against Leeds Music Corp., in New York federal court last week. Suit seeks a judicial determination of the rights of the parties to the tune. According to the complaint filed by Benjamin Starr, Savoy obtained as- signment of tune from Harry S. Pat- terson, co-owner, acting as agent for Melvin Bell, another co-owner (both writers, in 1943, obtained, copyright in the name of Patterson) in March, 1945, and obtained copyright in April, 1945. Savoy alleges that sub- sequent to the March date, the writers assigned the same rights to Leeds. Savoy asks the court to declare the legal rights of the/parties with ref- erence to ownership of the song. Also that Leeds be required to- ac- count and pay over all moneys re- ceived by it from any source. Dolores Chavez a Suicide Dolores Lila Bettua Chavez, wife of maestro Ediiardo Chavez, com- mitted suicide in New York Monday (13) morning by leaping from the ninth floor of a hotel. Chavez, in the room with her at the time, was unable to prevent her leap. B^ck in 1943, Chavez was stabbed by his wife, and for weeks was on the critical list at a N. Y. hospital. Mutual Opens on Coast Hollywood, May 14. Mutual. Music Co., Dreyfus sub- sld, has opened offices here. Firm formerly was «wned by Helen Mil- ler, widow of late Glenn Miller. Mike Gould is Chieflng the Coast office, CATALINA CASINO TO REOPEN WITH J. GRIER Hollywood, May 14. Cnsiuo ballroom, on Catalina Island will .reopen after four war- shrouded years' on. May 30 when Jimmy Grier's band moves in and holds until Leighton Noble combo replaces July 20 until ballroom shut- ters for season Sept. 7. ■ CBS will in- sert four network remote pickups weekly, top attention from this lo- cale. Catalina, of course, is Wrigley- owned and family also holds chunk otCBS. Budget for bands is being kept down . to around $2,000 weekly- bracket chiefly because Catalina has this year but one ship to haul com- muters from mainland. Islet was serviced by a deuce of barges pre- war. VOCALISTS YOU WON'T BE! ABSENT-MINDED Whea Yea Croon tort Miller's New Novelty Toe ADVANCE COPIES NOW BROWN ft HENDERSON INC. 40.10 Broadway, Nfw York BANDS - Play more dates with less effort LET US FLY YOU THERE! 14 TO 21 PASSENGER LUXURY AIRLINERS AIR CHARTER AGENCY 227 Emt 57th St, N. Y. Wl 2-1100 MMRST-~. MI11S Moat Requestod Standard Tunes One Morning in May Girl off My Dream* It Must Be True • Blue (And Brokra llrartrd) MILLS MUSIC. INC. 1619 Broadway Now York 1*