Variety (Apr 1949)

46 ORClIE$TIIAS-91irSIC Wedncgday, April 27, I949 ASCAP s Appeal Stalled as Attys. In ITO Case Push Settlement Talks Intermittent negotiations for a4^- ■ettlement of the Harry Brandt i. suit against the American Society: rop ffaves Uue May I of composers. Authors & Publish ers have now delayed for many ■ months arguments of an appeal from the decision of Federal Judge Vincent L. Leibell which ended ASGAP's right to collect theatre, seat taxes under its present opera^: tional setup. Understood that ne From Col. Records Columbia Records will issue a 10-inch Microgroove Long-Playing disk May 2 carrying eight current and new: pop tunes by pop artists^ Called "Popular Favorites," the disk will sell for $2.85 and is a Ifotiations, handled by former radical departure from practice in Secretary of War Robert P. Pat- terson, have been renewed again after attempts at a compromise broke down several times. Brandt's Independent Theatre Owners Ass'n (N. Y.) was the plalntlif in this historic suit. ■ Case is set to come up before the U. S: circuit court of appeals in May. However, a further delay in argument until the October term Is likely to . be pushed tlii ough, it is said. Original Leibell decision was handed down in July of last year and ASCAP filed no- tice of an appeal early last fall. . While a blanket secrecy covers the negotiations, it is reliably re- ported that several majors have view of the tunes and artists used. It'll carry Frank Sinatra's "Sun- flower"; Les Brown, "I've Got My Love to Keep Me Warm"; Dinah Shore, "Always True to You in My Fashion"; Frankie Carle, "Cruis- ing Down the Rlvjsr"; Doris Day, "Don't Gamble With Romance"; Frankie Yankovic, "Blue Skirt Waltz"; Dorothy Shay, "Mr. Sear^ and Mrs. Roebuck"; Arthur God- frey, "Could I? I Certainly Could." Col. Records Has Snarls To Untangle in Filming Topi of the Top* Betall JDIsk Seller "Forever and Ever" Retail Sheet Musle Seller "Cruising Down the River*' "Most Requested" Disk "Cruising Down the River" Seller on Coin Machines "Cruising Down the lUver" Best British Seller "12th Street Rag" Sig Brushes 75c Label for 39c-er Signature Records will virtually discard the 75c label sold under the company title, when it begins issuing next week all of its Sig- nature artists on the company's new 39c Hi-Tone disks. Ray Bloch, Alan Dale, Johnny Long's orchestra and other Signature artists V have already cut for the 39c -sides and, in addition, Sig win market iiuite a bit of <jatalog material originally made , to sell for 75c, at the Hi-Tone 39c price- tag. ponea mat several majors nave •£• > r M l £ T*_ I Signature claims exceptionally been encouraging talks whi^ PacrfiC for Marcll Of Time good reaction to its lower-priced would permif ASCAP to continue vas the one: channel for licensing musical compositions used in film productions. Hence, any settle- ment will undoubtedly grant ASCAP that privilige •while modi- fying its power to. split the syn- chronization from the performing rights and collect for both. .' Meanwhile, ASCAP Is making no effort to collect from theatres pending the appeal. Judge Leibell's ruling held that the Society's op- erivtions violated anti-trust laws and implied that a complete reor^ ganization of the outfit would be required if it wanted to license performing rights. STUDS TERKEL 30 Mins., Sunday, 1-1:30 p.m. Erie Clothiers VTFL, Chicago il's a'novelty to find a jockey who makes a real attempt to pro- ■ gram Instead of grabbing the latest release. Terke has patterned his late.st offering on the old river showboat, with drama, laughter and tears, all chronicled by record- spinner. Interspersed are disks, old aad new, which fit in the theme of the story—one about a member of a. singing trio who left home to be- " come a single, fails, and returns to his! wife, then achieving success by joining, luartet. It sounds a little weak, but Terkel gives it a satirical brush, Viiich should result in heavy chuckles. Transcribed commer- cials, interrupted by the jock, are In keeping with the rest of the pro- {triim. but staff announcer should be used to read the bargains. Tor-1 ♦ kel's spiel here doesn't register: it 1 t reeds more contrast. Credit is given the various artists at the end of ' f tlie program.. ' -Zflhe. Columbia Records Corp. is seek- ing tb'provide March of Time with shots of the recording of its "South Pacific" album as Columbia's con- tribution to the M." of T.'s forth- coming documentary reel on the recording .business." However, Co- lumbia has many loose- ends, to tie up before permission can be se- cured, and even then the actual filming will cost CRC several thou- sand dollars in salaries. Columbia's album : of "Pacific" tunes is made with the show's original cast and clearances must be obtained from a dozen different sources, firstly the score's com- posers, Richard Rodgers and Oscar Hammerstein, 2d, whose film rights must be considered. Too, there are possible film entangleme'nts with Mary Martin, co-star with Ezio Pinza, pi u s many other angles. In the: event: all clearances are obtained Columbia would have to pay salaries to bring in the cast to do the filming. It has already completed the recording of the score and the album is due for re- lease between May 5 and 10. Jocks, Jufres and Disks By BEBNIE WOODS label since it was debuted seven , weeks ago. It's said ■ 1,000,000 | disks have been madfe and shipped, and that led to the decision to. make all artists available at the 39C" level. It's explained that Long, et al, are working for the Hi-Tone label on a straight royalty deal, no guarantee. Other artists such as Larry. Douglas, Eugenie Baird, et al, have been Working on a flat sum per side basis, no royalties. ; ? Of Sig's 75c catalog material, the first batch to be reissued on Hi- Tone at 39e will consist o0^O'sides Guy Xombardo "Merry - Go- Round Waltz" - "Canadian Capers" (Decca). And attractive waltz, "Merry-Go-Round" has a great chance to keep rolling the ball started by "Cruising Down the River." Kenny Gardner and Trio vocal. . Flipover carries the stand- ard "Canadian Capers," well done. Lombardo's combo is also tall'on wax with "Five Foot Two, Eyes of Blue," vocalled by Gardner and Trio. It's backed by a very satis- fying and likely tune, "You Can't Buy Happiness." Blue Barron "Open the Door Polka"-"Whose Girl Are You" (M-G-M). "Open Door" is gather- ing wide attention. Novelty is well done by Barron, a lively, colorful waxing of polka music and a lyric idea. It catches the ear, but isn't likely to last long, Judy Valentine and Phil Goulding do the words. "Girl" is a nice polka. Jerry Wayne-Dell Trio "A Mil- lion Miles Away" - "Loneliness" (Columbia). Wayne got hold of a good ballad in "Million Miles" and he cuts it cleanly and smoothly with the Dell Trio. It has a good chance and it's worth using by jukes and jocks. "Loneliness" fig- ures to be lonely. Johnny Mercer "Missouri Walk- ing Preacher" - "Candy Kisses" (Capitol). Mercer's gravel throat twines solidly around "Preacher'' and his recording of it is reminis- cent of his "Accentuate the Posi- tive." It has good possibilities and if it doesn't hit, will still be spun aplenty. Starlighters sand Paul Weston back him up.. "Candy Kisses" is moving strongly on wax. and Mercer's disk, a good one. will move with the .tide. Starlighters and Weston help. Carmen Cavallaro "Portrait of Jennie"-"Dream of Olwen" (Decca). by Bloch, .Tohnnv Bothwell, AlanJ Cavallaro's educated digits, backed Dale, Monica Lewis (now witlT by strings and harps, etc., paint a Decca at 75c\ Connie Haines (now' nice musical portrait of "Jennie," with Dtcca's Coral label). These wiir include tlw Dale-Haines hit, "Darktown Slruttor'.s Ball," the Dale-Bloch hit, "Oil, Marie." and Bloch's "Begin the Bcguine." In addition, 24 race and hillbilly sides will hit the 39c level as well as Paul Whiteman's "Rhapsody in Blue" album', on four sides, to sell a good new tune. But Bob Lido muddles it with an average vocal. "Dream of Olwen" is excellent pianistics, wax worth stashing in: a jock's libraiTT. Art Mooney . "Heart of Loch Lo- mond" - "Merry-Go-Round Waltz" (M-G-M). "Loch Eomond," vocalled by .lohnny Martin, Madelyn Rus- sell and Mooney's choir, is average for $1,25. along with albums by 1 listening. Mooney's arrangements Hazel Scott. . Bloch and Long's | of this type always cram~ too much "College Favorites." into them. "Merry-GorRound" is much better. It lays on the carou- sel calliope flavor thickly and winds up a smart disk. Done dif. ferently than Lombardo's It's a<. good. Entire ensemble tackles tii« vocal. Al Trace "Your Tears Came Ton Late"-"It Took a Dream to Wak2 Me Up" (Columbia). Al Tranp trying mightily since his "You Call' Everybody Darlln" died. miEht have a good one in "Tears." Cirt in his shuffle-rhythm style, tune i« very likeable and stands up under repetition. Bob Vincent and chorus vocal. "Dream" has a good melody and fair lyric, the combina- tion sounding good. Vincent again vocals. Bing Crosby "Careless Hands". 'Memories"JDecca). Good pairins but Crosby's plenty late on Hands, a widely played melody that so far hasn't reached solid islble he could s.. iCen Darby Memories," a ^^^10 Best Sellers on (x»m-Macliines^J55!^l-*4 1. 2. CRUISING DOWN THE RIVER.(11) (SpitztW v ; ........ RED ROSES FOR BLUE LADY (10) (Mills) )S^^lmha/dc OI- I- THE KIXOHI) With Alan Carter, Guests S Hours Sustaining: 2:1 r< p.m., Sal. WT'TR, Albany C'rlib jockey, who does a throe- hour morning marathon five duys a vfck, broadcasts for the same length of time on a ■ Saturday ni;itinee. with guests. Time i;: also devoted to telephone conversal.iojis v'jtli listeners, taking "dedications." and spinning platters. Kirst hou)- and a half moves r.ilhoi-.fa.st. but after that it drags and Cai'ler himMe.lf shows signs of tiring. He eoiiimentod. at 4:40 of lasi stanz;! caiigiit,. that, he felt . ''luckorcd out.'' The - phone ex- changes with young women dialers ai'e flip', hrash. kidding. Carter sometimes approaches the line of b.'icl taste, but, the gals seem • to like , his "freshness." Interviews generally come off well. Carter, who has demonstrated ' listening pull with the three hour- er. possesses an articulate tongue ' and a deep voice. He tends to talk too much, which he has admitted on the air. Jaco. i Russ TTorgan .!,. ........ Decca \ BJue Barron ......... . . .M-G-M ..... Victor ..,. Decco 3. AGAIN (6) (Robbins)... \^^Zne \\v:::.:v.M^ 4. FAR AWAY PLACES (13)(La«rel) ! pt^i; "^om^ ^ctor 5. RIDERS IN THE SKY (1) (Morris) \Vauqhn Monroe Victor ' IBurl Ives Commbta 6. I LOVE YOU SO MUCH IT HURTS (8) (Melody Lane) ' J^^'']^ ,^ :. ..:'■ ; .. . . ' IBitddy Clark Colurnhia 7. ".V YOU'RE ADOR.'VBLE (1> (Laurel) Perry Como Victor 8. FOREVER AND EVER (1) (Robbi«.s) i Grade Fields London I Perry Como Vie.tor 9. SO IN LOVE (1) (T. B. Harms) 10. GALWAY BAY (1«) (I,ecds) ... SO TIRED (Glenmore) t Binfi Crosbv ....... Decco ( Dinah : Shore .......... Columbia ( Biriff Crosby . . .. . Decca ) Anne Shelton... ... ;.. iLondon ■ Coming L'p \Rms Morgan Decca 1 Kay Slarr Capitol CARELESS HANDS (Melrose) ,., .. i Sammy Kaye Victor ) WpI Torme CapHol COMME CI COMME CA (Leeds) . ."^ I DON'T SEE ME (Laurel) yol' DOPE KAP POR PITT TOOTER Pitlsblirgh. April 26 I Police here last week arrested , Fi'ed Moore, 30, local band mu-) sician. Who led them to a 16-pound i cache of marijuana, enough to wake more' than 15,000 cigarets. ,' .: Stuff .had an estimated value of $12,000. .) Tony Martin. . ■. ,,.,;.. . Victor ' I'Didc Hdymesv,. . .Decca J Cordon Jenlcins,...., i... Decco \ Perry Como ........... Victor BROKE VOUR PROMISE (Pic) ) Pauin Watson Supreme IKny Starr Copitol srXFLOWJjR (Famous) 1 Rwss Morgan Decco I Frank Sinatra Columbia LOVE ME. LOVE ME, LOVE MI (Miller) j Eddi; Howard Mercury VOU, YOU, YOU ARE THE OM. .Campbell>';!!!!!!! .*^! ^1^^^ ""^Z 'IRI F; to you in my fashion (T. B. Harms) , Dinoh Shore ." " ColuZil ^ DON'T LIE TO ME (Leeds) : vnu^hn n^pnroe" * SOMEONE LIKE YOU (Harms) .. i Peggy Lee. Capitol CUIAV4N (Mill.) - I Doris Day Columbio PORmAH' O^^^ m™"Capitol PORIRAII Of' .lE.XNIh (Chappem King Cole Capitol ' HOW IT LIES (Morris) ' i Bing Crosby Decco'" ' I Kay ~ , ..,.r„ StOrr".. . ^.^\^\' ^ CaSito^ 1 DIDN'T KNOW GUN LO.VDEI) (Leivis) Betsu Gav r^!!l , 1: <'0"apsed in Hbllywood and was cr- , ■ , copitoi ,. . confined to bed there several umrcs in parciiiJicscs Mulicnte number o) weeks $ono has been in the Top 101 ""' months, He was in Syracuse to • ^ ^ zi7sS'cus"r°- ^ hit status. It's possible he couid provide the impetus. ' Singers assists "Memories,' a standard, is not the real crack Crosby, but it's solid enough for any library or juke. Derry Falligant "Riders in the Sky" - "Little Old Church Near Leicester Square" (M^G-M). Burl Ives left a trail of carbon copies, it seems, when he cut '-'Riders," in- cluding Vaughn Monroe's, by far the best. Falligant does a good job, too, using the same echo tecli- nique. He really hasn't the voice for it. which simply proves how great is the tune. It's backed by a eharming new melody, done nicely. As a matter of fact, this is perhaps the best wax on the tune; Ink Spots "A Kiss and a Rose"- "Knock on the Door" (Decca). Spots appear to have drawn two light melodies on this pairirig. "Rose" isn't very impressive and neither is "Knock." Billy Kenny handles 'em both, and the spoken break is taken on each side, a Spots routine that hasn't been used too frequently of late. Platter Pointers Billy Williams gets a hefty push from a solid sending band on his country diskings of "Tennessee Border" and "Tennessee Saturday Night" (Coral), and his vocals match; they're fine . . . "Sister of Sioux City Sue" is more like a Siamese twin to the original; Dick Thomas' Decca disking is good . .. "Save a Piece of. Wedding Cake for Me" is a new line of corn by Frankie Carle (Columbia)... Rhumba addicts will be satisfied with Damy Simon's "Rapsodia En Rumba'' (Columbia), a piano recital to rhythm . . . Decca reissued Jimmy Dorsey's "Sorghum Switch" as "Cole Slaw," backed by his "Parade of the Milk Bottle Caps," on Coral . . . Mercury ditto, with Eddy Howard's past hits, "Rickety Rickshaw Man" and "Ralrtinie Cowboy Joe" backed up; they're worthwhile . . . Jack Fina's pianist tics have the same difficulty as Carmen Cavallaro on "Portrait of Jennie"—a listless vocal. Standout western, country, race, blues, polka: _Texas Jim Robert- son, "Daddy, When Is Mommy Coming Home?" (Victor); Foy , Willinsr, "You Told a Lie" (Capi- tol); "Tennessee Border"-"eandy Kisses,'^ Bed Foley (Decca); Mike McKendrick's Three Cheers, South Side Boogie" (Selective); Gene Autry, "Sunflower": Red Sovine, "Lifetime to Regret" (M-G-M): Jimmy Wakely, "I Wish I Had a Nickel" (Capitol); Don Kid- well, ".Tealous Heart" (Mercury); Curley Williams, "You Can't Brush Me Off" (Columbia): Sabby Lewis- Al Morgan, "Ugly Woman Blues" (Mercury); Jimmie Davis, "I'm Hating M.yself" (Decca): Snnnyland .Slim. "Mud.Kirkin' Woman" (Mer- cury).: -.. Osfeld's Heart Attack Jack Osfeld, head Of Blue Bar" ron's Music publishing company, suffered a serious heart attack Thursday (21) morning in Syra- cuse. He was taken to S.vracus* memorial hospital, where he was placed in an oxygen tent. Hi*' condition is not good. He must Victor 11 remain . there from- six to eight * weeks. It's the second serious heart atr tack Osfeld experienced in the past couple years and, ironically enough, both occurred out of towni he lives in New York. Couple of years ago, while running Charlie.;