Variety (July 1923)

VAUDEVILLE AVALANCHE OF mUES' SONGS AIMED FOR DISC ROYALTY , *■ .,- - Thursday, July 26, 1923 1 M. P. P. A. Bureau Swamped with Titles—Dance Rhythm Only Wanted—Charges of Infringement Are Made Through Similarity An avalanche of 'blues" compo- sitions will be on the market this fall. The Registry Bureau of the Music I*ublish€T8* Protoctlve Asso- riation has been swamped with every conceivable title of Indigo hue. It is explainable only by the publishers' idea the "blues" are in Kreat demand on the "mechanicals" —discs and roUs—^^hich are cater- ing almost exclusively to the danc- ers. One luibllsher'a success is believed to have been founded on a strong liluea catalog which has been me- chanically recorded consistently, and the others are following suit. As a commercial proposition the successful "blues" have been sell- ing in sheet mufclc form surprisingly well. Where in former years an nrtist would be sfared at for sing- ing a "Memphis Blues" or "St. Loui.s lilues," these old indigo classics are being revived when this type of song is in popQlar favor. Indications are that, like every- thing else, they will eventually be- come a drug on the market. One orchestra leader counsels that many Found so much alike charges of in- fringements by the prior copyright holder will likely result if any reaches some stage of popularity. One attorney, representing the Clarence Williams Co., Is preparing H suit against Waterson-Berlin- Snyder on "Beale Street Mamma." Similarly, a suit will be filed by the time this sees print against Feif^t, Inc., on "Runnin" Wild" by a song- ^;mlth who alleges the number in- fringes on a previous composition. One music publisher catering to the "blues" craze has his office con- tinuously full of colored musicians and actors to such an extent that some white performers have voiced their criticism. On analysis all they demand now- adays Is a weil-deflned dance rhythm. Melody is negligible and only incidental. Because of this catering to the mechanicals the music men are making their two-cent royalty In- come from the mechanical repro- ductions major to the sheet music sales, whch has always been "the biggest revenue getter and in which most of the profit lies. 9 PEOPLE IN 2 ACTS HURT IN AUTO CRASH Collision in Springfield Mon- day—Tun]|)lers and Capitol City Trio in Wrecked Car ; -Springfield. Mass., July 26. Nine members of two acts playing at Poll's the first three days of this week were Injured, three ceriously, in an auto crash Monday. Their machine was struck by another while the actors were returning from an outing ai a tourist camp near here. Yoshi Nohjra, of Chicago; Louis Nagy, of New York, and Harry Mattimore, of Worcester, arc in the city hospital. They, with Morris Olatt. of Brook- lyn; Nick Zana, of New York, and John and George Charland, of Bridgeport, are members of a tum- bling act. Although cut and bruised, Glatt, Z^na and the Charlands gave a per- formance Monday night. The other thriee injured, though not eeriously, are Frank McSherry, Edwin W. Parker and Kdmund ^furphy, all of Worcester, compris- ing the Capital City Trio, singers. They gave their usual |;erformance Monday night. STRONG OUNION AGAINST mSS HANDED DOWN BY JUDGE LEVDi Sounds as Though Police Magistrate Reads Variety-—. Commends Keith's for Public Service in Dis«| missing Spec's Complaint 1 •■»'* MIDGET CrrY" AT HIP AND SINGER'S MU)GETS AnTHUR FRAZER says:— Don't overlooK those two yoitng fellows, Fraier and Bunce. Neat dressers on and off. No boozers (it's hard to get) or chippy chasers. Worked the best and the worst. Got a lotta funny stuff. Not always a riot-r-but sometimes a x>anlc. Just a real good act. ARTHUR H.\BRT FRAZER and BUNCE in "DOl :BI.E8 TBOlBLBti" DirecUon ROSALIE STEWART BILL QUAID'S SEND-OFF Sixty of the Boys Giva Manager , Bao^elor Farewell. IRENE FRANKLIN ACCEPTS William Morris' Concert-Touring Star—Sells Mt. Vernon Hom« ROGERS GETS CAR Lawyer Hechhaimer Posts Bond for Its Releasa Los Angeles, .July 25. Irene Franklin, who has been receiving considerable publicity through the announcement that she would enter the concert Held, has ^onllrmed the report and has en- gaged to appear under the manage- ment of William Morris. Jerry Jarnigan, her present vaude- ville accompanist, will continue with the vaudeville star on the concert stage. i Miss Franklin amiouiK'rd last wei'k the sale of her Mt. Vernon home for a cash oonfiderafion of 128.000. Act Booked for Six Weeka— Basement Utilized for Chil- dren's Enjoyment The Hudson sedan car which has been the bone of contention between -M Rogers, a Romax building agent, .• nd Morris U. Alexander, of the I'nlted States Auto Financing Co., who claimed a chattel mortgage on ^e machine, is now once more logers' property. Harr>' Saks Hech- .'vimer, the Txiew building theat- •«al attorney, from whom Rogers Jnught the auto, put up a $2,000 ).ond Tuesday and released the Hud- ' on to Rogers pending the trial, .rullus Kendler (Kcndler and Gold- •^tcin) lnslste<l on llrchhrimer's put- ting up the bond. Alexander the preceding Thurs- day had been granted a writ of seizure by Judge Morris Kder and had taken possefslon of It the day following. Rogers hns a bill of sale from "llecky," but Alexander prodiK'ed a chattel mortgage on the car when it was Arthur J. Horwitx's property, Korwitz, the runaway agent, now divcking arrf-st for oontenipt of court for failure to pay his wife accrued alimony, borrowed $500 on the auto, returnable in t^'n equal instalments. The paynuMit hy ch'^t-k of the first Installment was retiini'd "n. g." Alexander lo.sl »i«lit of llojwltz anil the car until early this jnojuh, wli» n ho saw Rogers dri\ isiij it, "Tut Tut" in Rehearsal Jim McWilliams' new show. "Tut Tut," in which he will play the title role, went into rehear.sal at the 14th Street theatre this week. Other vaudevillians in the <:a8t are McCormick and Irving. About 60 friends of "Bill" Quaid, manager of Proctor's Fifth Avenue, New York, attended the bachelor dinner tendered Quaid at Cava- nagh's on 23rd street, Tuesday night. Quaid Is to marry Mabel Burke next week, following which the couple will honeymoon via motor in this country. Sol Levoy acted as toastmaster and chairman of the affair. Many friends of Quaid from up New York State were also on hand to do him honor, as well as representatives of the press. Levoy called upon nearly every- one In the large banquet room for a speech in addition to making sev- eral himself, and also singing a ccfliple of songs. The hit of the spe^chmaking went to Judge Spratt of Poughkeepsle, who eulogized Quaid in a humorous talk in whlrh he treated upctn Quaid's popularity while managing a house there. Harry Shea relieved Levoy as toastmi.ster when the latter had to leave t^ put on a show In Harlem. Fiske O'Hara, the Irish tenor, did thrt J songs and was followed by Jimmy Egelton. Bob Milne was an- other speech) naker; also Bob O'Donnel. Telegran?s from well known per- sonages were read by Levoy during the evening, leading up to his In- troduction of the guest of honor who thanked all of his friends for braving the inclement weather and gathering to wish him well in his future state. A solid silver service was pre- sented to Mr. and the future Mrs. Quaid by Levoy on behalf of his friends. Singer's Midgets are booked for six weeks at Keith's Hippodrome opening Labor Day. In addition to appearing on the HippodronM LIU the Midgets will install a "Midget City'* in the basement of the Hip- podrome where free performances will be given for children. The animals used in the Midget act will be on view underneath the Hip in the stalls, which are to be readied and a novel entertainment for the kids produced. $2 FINES Actors Left Cars on 46th Street* Fire Started Jack Fulton. Tom Dugan (Dugan and Raymond). Oscar Lorraine and Nelson Storey (Storey and Clark) were fined $2 each after pleading guilty to a charge of obstructing trafHc by Magi«trate House In the Traffic Court Tuesday. Ben Smitli, another vaudeville actor, was dis- missed on the same charge, arriving 15 minutes after the others and pleading not guilty. The "five were given sum- monses for lutving their cars parked on West 46th street last Thursday during a Are in a tailor shop. Senator Walters, of the Keith legal department, was in court to represent the men, but his services weren't required. MEHLINGER PINCHED struck Process 99r\f9r and G«ts Locked Up for It KIRKWOOD-HAGEN TURN Joe Kirhwood, open golf champ ef Southern California, and Walt'-r llagen, former Ilritl.sh open ch.inip. are Traming a vaudeville act. A third person will be peen with tho gulfor.s. He is to bo a prof*^s- (uonul, playing jiiano and' filling in with songs. Kirk wood and I'.tgrn are hond- Mng (htmseive.*?. Artie Mehlinger was arrested Tuesday afternoon following an al- tercation with a process server who attempted to serve Mehlinger whils the latter was playing an engage- ment at the Riverside. New York. Mehlinger was locked up in the West 100th street station charged with assault. He was released on bail later in time for the night show at the Riverside, although he mIsseA the matinee. The process server alleges Meh- linger assaulted him after he had served Mehlinger with a subpoena on a debt for merchandise. The ca.se will come up today (Thursday) before Magistrate Levine. . DIYORCE ECHO OF OLD TEAM Syracuse, N. Y., July 25. Successfully charging that Harry ir. Kaufman, former vaudevllllan, and now proprietor of the r-rand Union Hotel, East Syracuse, was unfaithful, Mrs. Lela Kaufman rung down the curtain on the old vaude- ville team of Smith and Kaufman. The report of the referee not only gives her a divorce, but the custody of their 11-year-old son. Smith and Kaufman toured for years in a skit. Kaufman recently was at the whool of an auto that ^^truck and killed an Eastwood girl, but. was absolved from blame.. An opinion banded down by Judge Levine Tuesday in a further legal mIx-up between Keith's Pal- ace, New York, and the speculators adjoining the Palace characterizes the sidewalk peddling of theatre tickets as a nuisance and that le*' gitimate efforts to stop the prac- tice constitute a public service. Judge Levine wrote his opinion in the Seventh District Court after hearini^ the suit brought by Reuben Weller against B. F. Albee. The complaint alleged the falace was "maintaining a public nuisance" by operating a phonograph which warmed the public to beware of bo* gus tickets and that tickets pur- chased by speculators would be re* fused at the door. Tlie complaint against Alboe -fol- lower a persistent campaign inau- gurated some months ago against speculators who occupy stores ad- . jaccnt to the Palace. One of the specs gave up the ' ghost recently, but Weller has been persistent In his eflforta to operate. He recently caused the arrest of a Palace employe, alleging the latter had assaulted him. , Judge Levine dismissed Weller's ; complaifnt and wrote the following opinion: "This complaint, while made against Mr. Albee personally, is really a complaint against the Keith interests operating the Palace The- atre, and against the actions of the Keith interests in attempting to eliminate ticket speculating and the 'gyping' of the public by ticket spec- " ulators about the Palace Theatre. ; It is a well-known fact that thtt Palace Theatre is surrounded ^n both sides of the lobby by ticlbil speculators, who obtain their ticlf- ets, not by any connection with the Palace Theatre box office or Keith Interest, but. through a system called 'ticket digging.' whereby many are employed at a small fee . per ticket by these ticket specu- lators to secure tickets systematic- ally from the Palace box office for resale at exorbitantly advanced prices by these 'specs.' "Until 1921 the shouting from the ticket speculators' doorways to the pedestrians passing by was an In- tolerable public nuisance, and in or- der to eliminate the bally-hooing by the 'specs' and the pulling and haul- ing of people on the walks, the Keith interests fostered the passage of a law in that year which made such activities upon the part of the ticket speculators a crime. "This action on the part of the Keith officials Is well known, as well as the persistent effort on their part to make It possible for* the public t« secure tickets at their theatres at box office prices. These are popular- priced playhouses catering to the family trade, and the effort made to observe this direct contact with pa- trons la most comnKndable ani praiseworthy, and should receive every support by the public and in the administration of Justice. "In order to be Just to the publle and the patrons of the Palace The- atre the Keith interests are uslny every effort to warn the public in advance not to purchase tickets (Continued on page 10) LYONS' JUDGMENT MAE and ROSE WILTON "CLEVER JUVENILE ENTERTAINERS'* This \\v>k (July 23-:'.'.) Moss' Coliseum; (26-29) Keith New York. Hailing for Kn;;land nn^t wr»k for a ten «l.»'k toxjr fit f?toll circuit. Bf»oNiiigs ari;iMjj»«l by WILLIAM MORRIS. 's Jcr»cisun, tire Moss A. REMARK MISCONSTRUED Atlantic City, July 23. Tommy rjordon. who is appearing at the Itcn'K'Zvoiis li-ro. is <1lsi)lay- ing a bruised face and a broken nose for donning at the wrong time last week. Gordon passed a garbage wagon, which had four colored collectors of refu.se on it, and passed a remark about "smellH like skunks." The four ufgruf» took the remnrk ns persona], instead of rr^alizing ilif' "clown" meant it for the garV)age, and now Tommy's c^as-^ic ft.Ttnres arrn't •"lultc .i>^ <liis<;i»'. Lillian Ross Secures Verdict Ag«In«l Agent , ^ Lillian Ross has been given judgment for $552.97 against Arthur S. Lyons, the vaudeville f»gent, on a scries of three notes. Kach note is for $250 for moneys loaned In fh«> spring and fall of 1922. Of the $7r>0 indebtedness $200 was paid by T^yons and $2.97 jnotest fees were inrurred for non-sat Is faction. Lyons' attorney did nut lnt< an answer. PAT SOMERSET'S ACT Pat Somerset Is said to \<o j ban- ning an early flyer in vaudeville, lio ha.s commissioned a vaudeville author to provide his vehicle. .Somerset will be i'<\f only nial* In the cast and will h^ unounded l>y .'( feminine rns> n»i>)<^