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VARIETY MUSIC WednMday. July jo, i9|| ABE'S COMMENT By ABEL GREEN Royalty Threat Turned Trick Byron Gay's opinions on the two cents' record royalty elsewhere detailed in this department recalls an "Inside" story closely guarded but known to be a fact dealing with a music publisher whose activities are centered in Chicago and New York. This episode happened in Chicago. The publisher was submitting to a phonograph recording executive a song he had spent money on in exploiting through advertising and otherwise. The number was refu.sed by the recording man with the promise it would be "canned" when a hit. The publisher waxed irate and told him In effect tho record people were living off the efforts of the music men after they had popularized their product; that if the talking machine company did not record this number he would enlist a certain small phonograph record company in New York, which was anxious to make a legal test of the two-cent royalty proposition and that this was Just the opportunity he (the publisher) was waiting for. According to the story, the phonograph man Immediately called up his New York office by telephone and. on the following day, not only did this one company but two others of the leading makes forward con- ti'acts for the "canning" of this firm's song and two others t>esldes. Soft for Municipal Broadcasters Ace Brigode and his 14 Virginians from the Monte Carlo restaurant, New Yorlf, have been "signed" as a regular radio feature every Tuesday night from WNYC. The studio offlcials, because of the band's limited time, sends municipal omnibuses uptown to transport the musicians to and from the radio station. The bus is also escorted by a squadron of motor cycle cops to pavd the way for speedy trafllc. It is quite a thrill to the musicians to be made so Important as to override the strict city trafllc regulations and it compensates them for their weekly trip down to City Hall atop the Municipal Building. "Four Horsemen of Tin Pan Alley" The "Four Horsemen"' of tin pan alley are Jack Meskitl, Ed Rose. Mari^ Bloom and Al Sherman .equally divided as to lyric writers and tunesmltha. Their inseparability has become the talk of music row and (heir proline output of songs of late, which Include 10 numbers placed last week with the music publishers, proves this a healthy combination. Jos. M. Davis's 2S Per Cent. Settlement ^ The Joa. M. Davis Triangle Music Co. has proposed to Its creditors that a settlement of all claims be reached on a basis of 25 per cent, of the total. The 2S per cent, is to be paid in lnstallment«, the first 10 per cent, of the settlement in cash and the remainder of the 25 per cent. In long term notes. The Triangle went Into the hands of a reclver last October. Its liabili- ties were around )t7,000, and assets of $13,000. The assets in part and up to $10,000 were claimed to be royalty due, presumably based upon expected returns from disc makers. In a recent report it was stated the receiver so far had received $800. Davis was the principal stockholder and owner of the Triangle. Lyman's Disk Figure Abe Lyman and his band are the highest priced Brunswick record artists, according to report. Lyman gets $2,000 a record ($1,000 a side), while Isham Jones' figure Is set at $1,500 a disk ($750 a side). Popular Freak Number "San" Is reported by traveling orchestra leaders to be the most popular dance tune with the bands throughout the country. It'.s a freak number, originally published about four years ago, but first hitting its stride through being given a "hot'' Interpretation. Henry Waterson's Nag Henry Waterson has a nag, "Lollta," played by the Broadway crowd on two former occasions to win at Empire. It ran fourth both tmes. Monday it was scratched, but the "dope" Is still strong for the mustc man's entry and It will see backing on its next try. COLONY INN BANKRUPT Boston Post Road Resort Goes Under Owing $10,000 The Colony Inn, Inc., at Bast- cliester road and Pelhara parkway. New York, waa forced Into bank- ruptcy last week in the United States District Court. Philip Elsen- hoff. a painter-i«.Uh a $200 claim for services, and J. Lowensteln A Son, Inc., with $J00 owlns them for goods sold and delivered, are the petition- ing creditors. EisenhoffTs affidavit alleges that when he called to collect hi; claims on several occasions, without suc- cess, he saw marshals around the premises seeking to execute judg- ment which he (Blsenhoff) Is led to believe were secured through friendly suits In order to protect certain preferential creditors. The liabilities are estimated at $10,000 and assets at $5,000. Judge Winslow has appointed William Weiss receiver under $1,000 bond. The Colony Inn is opposite the Pelham Health Inn and Al Jockers, who had the orchestra there, walked out through non-payment of salary due some time ago. Henry Waterson, the music pub- lisher, haa been reported financially Interested In the place, off and on. HERBERT SALE REALIZED $25,000 The auction sale of the late Victor Herbert's effect* brought $25,000 in round numbers for a total ^of 950 Items. The sale was conducted in the composer's late l)ome, 321 West 108th street, New York. The house itself was sold to Capt. Demar, who paid the Herbert estate $39,500 in a separate deah The composer's widow and daughters have taken a Park avenue apartment as their city residence. Capt. Demar at the auction pur- chased most of the rugs, stair car- pets and hangings; also an electric- player grand piano with rolls for $1,300. Dealers obtained most of the bric- a-brac and silverware. TiEWFROUCr IN CHICAGO HAGEirS PLUGS FROM TRAINING HUSBAND GETS S YEARS AFTER WIFE TESTIFIES Milt Hagen'a training as a pro- fessional propagandist has ex- pressed Itself In the Interests of an original novelty fox trot, "Yawn- ing,'' which Berlin, Inc., is publish- ing, but which has made no head- way on the "mechanicate," despite its general popularity with the or- chestc^ leaders. Hagen, who is Paul Specht's publicity man when he is not writing songs, plays or short stories, in all of which en- deavors he has had a hand, secured the following list of famous orches- tra leaders' signatures to certify "we are either plugging, playing, featur- ing or broadcasting a certain excel- lent novelty fox trot," in order to convince the recording managers that they are overlooking something by not "canning" the number. Hagen has taken a new course to drive home his point. The actual list of signatures has been photo- graphed and photostatic prints are on their way to the "mechanical" men to further prove his point. The leaders' signatures, as signed on the petition, are Lou Gold. Dan Gregory, Tommy Monaco, Frank Sil- ver, Joseph Zweig, S. Martucci, the "Flossie" band, Vincent Lopez, Clyde Moser, Jan Garber Leon Springer, Al Katz, Memphis Five, Paul Specht, Al Epps' Emerson Or- chestra, Harold Oxiey and Post X<odge Orchestra, Harl Smith and lildo Venice Orcheitra, Bill Pike. Ole Olsen Orchestra, Georgia Melodians, Ted Weems, The Ohloans, "Twin City Six. New Jersey Boclety Syncopatora, Benjamin En- • iiermnn, dlrectorv F. H. Peters, Former Prison Band Leader, Robbed Department Store Estelle Kam, Lyricist Eatello Karn, the Leo Feist, Inc.. publicist, haa turned songwriter by contributing the lyric to "My Va- quera," a Spanish fox-trot, com- posed by Roberto Henkel. "Vaquera" is Spanish for cowboy and will be one of Feist's "standard" song plugs this fall. Maurice's Brother III Paris, July 21. Oscar Mouvet, brother of Mau- rice, and who managed Maurice's I'affairs, ia suffering from lung trouble, similar to Maurice' afflic- tion. Oscar Is in a sanitarium here. PUtsfield, Mass., July 29. Fred H. Peters, who said he had come here to become the leader of the band at the local plant of the General Electric Company, was sen- tenced to eight years in the Charles- town Prison on the charge of rob- bing a local department store. His wife was the principal witness against htm. Mrs. Peters testified her husband had told her May 4 before leaving for New Rochelle, N. Y., v.here they were married the next day, that he had robbed the store the same after- noon. She declared she did not in- form the police because^ she was afraid of Peters, whom she had only known about a month. It was learned that Peters had served time in the Auburn (N. Y.) prison and that In the second year of his sentence there he became leader of the prison band. At the request of Wardan Hunt, of Great Meadow Pri.son at Com.stock, N. Y., Peters was transferred there to or- ganize a band. Cafe Man, De Leir, Suicide Chicago, July 29. George De Lieir, for many years a cafe owner In Green Bay, Wis., committed suicide last week by shooting himself. DAVIS SOCIETT BOOKINGS Newport, R. I.. July 29. Meyer Davis la conducting Chicago, July 29. The "New Frolic," formerly known as Ike Bloom'a, would not l>e recogr- nlzed by some of the old timers were they to set foot in there now. The place has been luxuriously and sen- sationally decorated with costly tap- estries and trimmings. Under the old regime it was the "bohemlan" life of Chicago and a rendezvous for the biggest m politics and theatri- cals. The present establishment still caters to that class, but Is more elab- orate and ranka with the most pre- tentious of cafes In Chicago. The orchestra has been moved on the stage and two pair of winding stairs have been installed for the use of the entertainers to make their entrances and exits. It Is a pity a place so elaborately and lavishly fur- nished should have to resort to a revue and band that is humiliating throughout. Roy Mack, Inc., is responsible for the cabaret entertainment proper, bearing the title of "Frivolous Frolics," a revue that lacks form with comprehensiveness In presen- tation that reacts against the num- bers. It looks like overnight stuff, hurled together quickly. There isn't a "punch" during the entire evening. As a starter V. Fontaine, a somber brunet, drones "When Grandma Was a Girl," in which the girls wear their prettiest costumes, leaving no dresa flash to follow. _ Its tempo Is slow and all wrong for an opener. Olive McClure then Inserts what Is termed a jazz dance. Miss McClure squirms about the floor In one of those East Indian semi-nude writhings, about as elastic as flint. Rose Wynn, peppy enough herself, offers "Ray and His Chevrolet." with a sameness in the pirouetting of the girls that tended to dwarf It wholly. The Barstows tried hard In their way, but could not awaken enthusiasm. They seemed out of the picture. Babe Kane worked to get over "Picking Them Up and Laying: Them Down," but the crowd was adamant. Ray- mond and Lyte brought the only ap- plause apparent during the flrst sec- tion, disclosing quite some person- ality, with his feminine partner aid- ing and abetting in kind. Dolly Rus- sell sang "Nobody Loves Me." with the patrons making it unanimous. Didn't Make it Snappy In the second part "Derby Day" was programed, and probably shelved before the reviewer caught the en- tertainment A bathing number was used Instead, and again a dull, slow song was given. It passed away entirely. Mack should certainly know enough to start his revues anywhere with something snappy. It is the very first rule of the cabaret curricu- lum. What followed was mere repe- tition, causing the folks around the tables to grow heavy-lidded, with a general yawning inclination. Babe Kane, who looks like a find, awakened them, but they were soon dozing again. About the time Rus- sell and Fields unwound "Don't Mind the Rain" it began raining outside. The people about the tables soon seemed more concerned In the down- pour than the revue and its inter- preters, and began departing In droves. The finish of the second part found only a scarce few remaining. The third and fourth sections were probably given to keep the waiters awake. "Frivolous Frolics" is a sad affair, back six or seven years and much below the standard to which Chicago is accustomed. Roy Mack will have to fix it quick- ly if he does not want the folks about the "windy city" to infer he is "slip- ping." Organists' 17th Annual Convention This Wec|( Atlantic City, July 2|. . The 17th annual convention of tM National Asaoclatlon of OrganliS opened last evening with a get-ta« gether and registration at the At, lantlc City High School, follow^ by a demonstration of the organ la the auditorium by Arthur Scott Brock. ^^ Emerson li. Richards, chairnua' Mida Blake, Arthur S. Brook, WU^ Ham Stansfleld, Evelyn Q. Tysoa^ John Ward, A. E. Werden and Utt, Alfred Westney compose the enter* talnment committee. A program of concerts have beat arranged for the week. Tonigkt Wlllard Irving^ Nevlns of the Quit, mant Organ School, New York CItx and Richard Tattersall, representing the Canadian College of Organlcta will preside. Daniel R. Philllppi |( Pittsburgh, represeutlng the Amcr«' lean.Guild of Organists, and Bdwit Grassl of New York City will pi^y selections on Wednesday evening. Thursday morning at 10 a demoo- stratlon under the auspices of tki Society of Theatre Organists va take place. John Priest of the Camo Theatre will play at the organ ■■ conjunction with a fUm called "Thi Study" (for pedals), by Pletro A, ' Yon. The picture will give a doty I up view of the pedal technique. "-, In the evening a recital will b« given by Edward Rechlin, organist of the Immanuel Lutheran (%urcta. New York City, and Henry F. Set- bert of the Holy Trinity Lutheraa Church of New York City. Friday there will be a recital by RoUo F. Maitland of the American Organ Players' Club. The convention will close Friday evening with a farewell banquet at the Seaview Country Club, with i. Noble presiding. Meyer Davis' Biqr Washington, July 29. Meyer Davis has purchased tha building on Thomas Circle which houiios his Le Paradls restaurant and upon top of which Is his root garden bearing the same name. Al- though the purchase price was not given out the property Is so situ- ated as to be worth a large figure, it being but two blocks from the heart of the business district here. Davis Is to remodel the second floor, providing for a late club to l>e of a strictly private nature, running nightly. It Is also planned to have two private dining roma, all to be ready Oct. 1. SYNONYMS FOR JAZZ 700,000 Filed in Meyer Davis Contest Over Radio Macias' Orchestra on Tour Washington, July 29. Petf Macias and his "Ail Wash- ington" orchestra are to make a tour of Pennsylvania and New York 8tat?s. Meyer Davis is ar- r nging the bookings. Macias is a local boy and with his orchestra haa been a feature at the Cafe L'Aiglon. returning when the cafe reopen-j in September. his until Sep- Davls is own combination here temt-er, Some of the scheduled affairs that he is to play include bookings at the homes of Mrs. Sylvanus Stokes, William H. Vanderbllt, Paul FitzSimons, Stuart Duncan, CUr.i Bake Club and R. C. Vanderbllt— all during the month of August. 0£RSTENKAHf SAILS Jan Gerstenkamp, conductor of the Hamburg Philharmonic Or- chestra, returned to Germany on the Albert Ballin July 26 after a brief American stay. Gerstenkamp is one of Euroi>e'? toremAst violin soloists. PRINCETON ORCH. IN FRANCE Paris, July 20. The Princeton University orches tra, designated the Triangle Ciub Orchestra, visited France last Monday, having crossed on the Lanca^tria with the delegates of the International Advertising Conven- tion in London. The Triangle boys are planning a trip to Spain, prior to stiltng home on the Bereng^^ria Aug. it. WASH. ROOF RAID Le Paradis Entered and Half Dozen Ride in Wagon Washington, July 29. The Le Paradis roof was raided here the other night. Police took away about a half dozen men and women In the patrol wagon, who were found drinking. The police state they are going to raid all roofs and cabarets here until all ore cleaned up. ARTHUR HAND'S LEGACY Arthur Hand, conductor of the California Ramblers, Is one of the four heirs to $500,000 left to his family on the death of his father Chi Organist Migratea Milwaukee, WIh., July 20. Edmund Fitch, organist and for- merly of the Roosevelt theatre, Chicago, has succeeded Bernard Cowham at Saxe's Wisconsin here. Cowham haa been replaced because he will play for the opening of the new Modjeska. The $100 priae contest which Meyer Davis, orchestra leader. Is conducting via the radio to dis- cover a new name for "Jazz," liaa brought forth numerous responses. As near as couia be estimated 700,000 new synonyms for Jazz hare been offered. The contest closes August 15. Among the most likely namea which Mr. Davis passes on to Va* rlety are Fron Fron, Melody Rhyth- mic, Rhythmic-reverie, Rhapsodooa, Rigsody, Peppo, Ufon, Exilera (from Philadelphia); Hades Harmonlet (from Cleveland); Syncodavis, Jog- hop, Dancial, Merryhop, Faradisa, Syncosway, GUdeola, Swazee, Six Cadence, Syncomelo, T'ah Song, Gee Miss, Swazee, MeloJIngs, Besto mualc. Over 2.000 letters thought "Jof music" the best substitute for Jazz. NEW DANCE HALL Nantasket, Mass., .July 29. The Grant Amusement Company has opened one of the largest ball- rooms In New England at iSurfslde, Nantasket. It has a capacity for 2,500 couples. The flrst floor of the buUdinc Is » bowling and billiard hall, nnd the dance hall is on the second door. J. Paul's Orchestra plays^ ^^^ JOHNNY HAMP who heads one of the snappiest dance combinations in the flem, now at the Hotel Ambassador. At- lantic City, is another who avers that one of the most popular dance numbers In his repertoire Is "SALLY LOir HUGO FRET'S Newest Fox Trot Sensation PUni.IBUKD BT ROBBINS-ENGEL, Inc. 1668 BrDftdway, New York