Variety (Dec 1926)

30 VARIETY MUSIC Wednesday, December 1, 1926 'OUTLAW NO. 310 LOSES IN COURT Decision Against A. F. M. Reinstatement Upheld Up Above A decision by the appellate divi- sion sustaining the lower court's ruling against the "outlaw" musical union, Local 310, completely shat- ters the hopes of the Musical Mu- tual Protective Union in Its suit against the American Federation of Musicians to have Itself rein- stated as being affiliated with the A. F. M. Loral 310 is suing Joseph N. "Weber as president of the A. F. M. and the following officers of Local 802, the recognized Musicians' Union, currently headquartered in the Fisk building; William J. Kern- good, its secretary; Edward Cana- van, chairman of the governing board of the Associated Musicians of Greater New York; George Schroeder, treasurer; Maurice Raueh, secretary, and Samuel Fin- kelstein. Both unions have conducted a bit- ter legal warfare, the 310 branch engaging Samuel Untermyer to argue its appeal from Justice Wil- liam Harmon Black's supreme court decision dismissing the com- plaint. Samuel Seabury and a battery of legal talent opposed the motion set- ting forth that Local 310 was sus- pended from the A. F. M. because of various violations, and had been tardy to institute legal proceedings for possible redress. This uncertain condition existing between both union locals has had the musicians up In the air. The 310 local, despite its "outlaw" standing, had maintalnod a certain hold on the old school musicians. Most of them were paying dues to both organizations, finding it neces- sary to hold union cards from both • for some engagements. The M. M. P. IT... despite the de- cisive decision against it by the appellate division (no opinion), will probably force the issue to the highest courts. However, the court of appeals has it in its power to deny the Local 319 outfit further leave to appeal if it finds such ex- tended litigation a needless expen- diture of time and effort for pur- poses of delay and harassment. 1 MELROSE HITS PRESENTING OUR DIXIELAND CONCERT SERIES THE WORLDS GREATEST SERIES OF SUPER-SPECIAL DANCE ARRANGEMENTS Maple Leaf Rag, Easy Rider Weary Blues, Grace & Beauty Cafe Capers, j4frican Echoes Entire Scries Arranged by Elmer Schoebel Published in Concert Size only Tunc* may com* and tune* may so but U»M« will SO OO forever. They are ihe Full Orch. $2.00 PRICES: Small Orch. $1.50 Extra SPECIAL OFFER: Complete ret SmaU Orchestra $10.00 Complete »«t Full Orcha.tr* $12.50 Price on the following list of hits 12" AU Night Blues Panama Blues •Bcale St. Blues Riverside Blues Black Bottom Stomp San Sue Strut Buck town Blues She's Crying for Me Chattanooga Stomp Shreveport Stomp Chicago Breakdown Sidewalk Blues Chimes Blues Slippery Elm •Chinese Blues Smoke House Blues Copenhagen Snag It Dallas Stomp Sobbin' Blues Darktown Shuffla Someday Sweetheart Dead Man Blues Spanish Shawl Dixieland Blues *St. Louis Blues Grandpa's Spells Steady Roll Blues Hannin' Around Stomp Your Stuff Hobo's Prayer Sugar Babe Hot Mittens Sugar Foot Stomp Hot Notes Sweetheart O' Mine Jackass Blues Shave 'Em Dry Jim town Blues Tampeekoe Just a Melody The Chant Kansas City Stomp The Pearls . King Porter Stomp Tia Juana •■Livery Stable Blues Tin Roof Blues London Blues Tom Cat Blues Midnight Mamma Wa Wa Wa Milenbcrg Joys Whoop'Em Up Blues Mobile Blues Wolverine Blues Mr. Jelly Lord •Yellow Dog Blues New Orleans Blues You've Got Ways ft~v Of-i — -* Sfnmn 29th & Dearborn •Original Jelly Roll Blues Doctor Jazx "Some of These Days •Special New Dance Mel Bill Bartlett "Beating It" Montpclier, VL, Nov. 28. Bill Bartlett, who Just - little mure than two years ago was A jazz orchestra leader on Broad- way, New York City, left the bright lights to go back to his Vermont home—to die. New York specialists insisted he could not be cured of tuberculosis. The other day a strong, husky young man in the regulation lum- berman's jacket made a trip to Boston and played his violin at a convention. It was Bill Bartlett. Since leaving New York he has been living on a mountain top near Montpclier. He is a striking ex- ample of the efficacy of out-of-door treatment for tuberculosis. AL PAYNE, DEPORTED, LEAVES ENGLAND LOPEZ BEING "RUN"; GEIGER ACTUAL BOSS The manner In which Gene Gel- ger, owner of the Casa Lopez, Is "running'' Vincent Bopez and his orchestra indicates to what extent Geiger has "sewed up" Lopez, as has been generally noticed and com- mented on. The Lopezites this week are doubling from the Casa into the Fa- bian house in Paterson, N. J., under a demanded "cut" from Geiger. The latter, with Lopez present, told his band men to accept the "cut" or two weeks' notice for that engage- ment, Lopez standing by without voicing anything pro or con on the arrangement. This surprised even the musicians, in view of Lopez's generally known geniality to his men. Since Lopez and Geiger affiliated the former has become considerably obligated to Geiger. The latter en- gineered the bankruptcy proceed- ings In connection with Lopez, Inc., to free Lopez individually from obligations to the corporation. Florence Russet's Divorce Florence Russel (LoScalzo), of the Waterson, Berlin & Snyder Co. professional staff, has been granted a divorce decree from Michael J. LoScalzo. The ex-husband Is pianist with Jerry Friedman's dance orchestra at the Club Caravan, New York. YALE'S CONFERENCE Musician, American, Violated English Labor Rule on Displacement London, Nov. 28. Al Payne. American musician, was ordered deported by the local police authorities. Payne sailing yesterday (Nov. 27) od the "Minnekahda" for New York, accompanied by his wife and baby daughter. Payne's case Is unique in that he came to England an emigrant, his wife being a British subject, and only essayed a berth at the Picca- dilly and the Kit Cat Club after being over there idle for a while. Despite this, the authorities held against Payne on the ground of for- eign labor displacing local supply. Payne was a former American newspaperman before playing the saxophone professionally. He waged a consistent light against his de- portation, without avail. E. L KOHLER ALIENATED TRUCK DRIVER'S WIFE ■ That's What—Bilodeau Wants Divorce and $10,000 Seattle. Nov. 28. K. Lewy Kohler, leader of a orchestra, has been named co-respondent in a divorce action brought by George Bilodeau, truck driver, against Mrs. Gertrude Bilo- The husband demands $10,000 in another suit against Kohler for al- leged alienation of his wife's affec- tions. In a third suit, filed the same day, he charges Kohler with kidnapping Jimmle, six-year-old son of the es- tranged couple, and holding the boy until Sept 20, when a court order compelled return of the lad to his father. (Continued from page 1) Rowland Angell for the University and Dean Everett V. Meeks for the School of Fine Arts will speak. A luncheon to the delegates will be given by the President and Cor- poration of Yale University. At least one of the main productions by the Department of Drama before February will be repeated for the conference. The proposed meetings are an outgrowth of the strong interest shown a year ago at a conference in Pittsburgh called by the Depart- ment of Drama of Carnegie Insti- tute. A desire expressed at the time that Professor Thomas Baker should appoint a tentative commit- tee to consider the desirability of further conferences led to the ap- pointment of a committee which in- cluded President Baker, Dr. Marian Tucker, Dr. Edwin Van B. Knicker- bocker, of New York City; Helen Arthur, business manager of the Neighborhood Players, New York City; Brock Pemberton, of New York City; Sue Nancrede, of the Hull House, Chicago; Professor A. M. Druinmond, of Cornell; Frederic McConnell, Playhouse director, CleVeland, and Dr. Arthur H. Qulnn, of the University of Pennsylvania. Believing strongly in the desira- bility of such conferences from time to time, Professor Baker hopes to arrange to have men and women who have been particularly success- ful In the many activities which will be represented, meet for dis- cussion with delegates struggling with problems which these leaders have already, to some extent, solved. It is felt desirable, also, that when in so many colleges and cities plans are on foot for community or edu- cational theatres, there should be opportunity for delegates • to ex- and workings of the new Yale Unl- amine carefully the arrangements versiiy theatre. Marty Forkins and l\na Samu- Is (Mrs. Forkins) have adopted a little girl, who now has ven a member <*t itftet i foOtflft 2 f<tf,' used Harkness at New Hotel San Francisco. Nov. 28. Opening the second new hotel in a short period, Eddie Harkness and his orchestra are elated as the de- but band attraction at the new Mark Hopkins hostelry here Dec. 4. Harkness will have both the dance and concert orchestras, in- cluding the other "outside" music In the hotel, but will continue fea- turing his dance unit. The Mark Hopkins is the coast's newest hotel, $5,000,000 structure on Nob Hill (highest point in San Francisco), of 19 stories and COO HERE AND THERE Arthur (Strut) Payne is now managing the Sam Wooding band in London. Ray Walker has changed three of his personnel, the drummer (Hay Mitchell), sax (Lou Schneider), and banjoist (Lou Allen), coming re- spectively from Rolfe, California Ramblers, and Ace Brigode's bands into the Walker outfit, now holding forth a^m Brooklyn (N. Y.) night club. Isham Jones closes at the Capitol, Detroit, Dec. 18. After nine weeks at tho Embassy, pictures, Baltimore, Joe Bea's Cali- fornia Night Hawks has been, booked by Louis K. Sidney for a tour of the Loew picture houses. Eddie Davis and his orchestra formerly Akst-Davls band, is dou- bling from the Lido Venice, re- opened night club, into the Villa Venice, the East 60th street dinner dance spot. Peabody at Granada, Frisco San Francisco, Nov. 28. Eddie Teabody will replace Ben Black at the Granada next Satur- day. Rube Wolf leaves on the same day the-Wardeldf going on-a. vara- on of tbr?e,weekA INSIDE STUFF On Mutic Queen's Favorite Songs When the Yacht Club Boys under Chick Endor's direction were the specially engaged talent to entertain the Queen of Roumania last week (Nov. 23) they offered "I Got Her Off My Hands, Now I Can't Get Her Off My Mind." It didn't seem to hit with the distinguished assem- blage, but Her Majesty soon switched the tempo of things by requesting "Ain't That Too Bad." A repeated request number by the Queen was "No Foolin"' from Ziegfeld Revue. The Standard Oil Co. was the host to Her Majesty Nov. 23, the S. O. tug "Charlie White" being converted into a floating cabaret, taking the royal party down to the Standard Oil Company's plant at Bayonne, N. J., for a review of the premises. The Yacht Club Boys were the only night club talent to perform for the Queen in America. 1 Helen Morgan Protected Guests Helen Morgan pulled a reversal on the usual when the "Americana" company, who were her guests at a Thanksgiving party, were not per- mitted to entertain on the cafe floor, on the songstress' announcement that the revue performers were there to be entertained for a change. She would not countenance any reciprocity from them In the form of voluntary specialties. Miss Morgan is doubling from "Americana" into her own 54th St. Club. EAR WIGGLING IN LOCAL JAZZ BAND CONTEST Moines, Nov. 28. The contest of 10 local non-pro- fessional Jazz bands conducted at the Capitol last week held tremen- dous local interest. Final elimina- tion gave Ted Ayres' Minstrels the 75 prize. The bands were limited to six pieces. Ted's band used piano, saxo- phone, cornet, piccolo, banjo and traps, and proved themselves good imitators of professional Jazz bands. The only original tiling -was ear- wiggling with toe-tapping in exe- cution of the "hot" numbers. SAM FOX'S LONDON DEAL Sam Fox. head of the publishing company bearing his name, with headquarters in Cleveland and a branch in New York, has closed ar- rangements with Keith. Prowse & Co., Ltd.. of London, for the char- tering of a new subsidiary corpo- ration, Sam Fox Pub. Co. (Lon- don), Ltd. Keith-Prowse, which operates a chain of retail music stores, are also wholesale distributors of music and musical Instruments in England, besides booking bands and soloists and operating a number of theatre ticket librabies in London. Fox has been touring Europe for over two months. He returns home shortly. CHILD HEARD MUSIC; THOUGHT ITWAS POP'S- Martin Conroy's five-year-old daughter, Patricia, was the uncon- scious cause for the inception of a Federal Court proceeding by Conroy against Jerome H. Rcmlck & Co., alleging the latter's, "If I Had a Girl Like You," published in 1925, infringed on Conroy's song, "I Won- der What Makes Me Love You," allegedly written in 1915 and first published by the author In 1921. Patricia Conroy heard a phono- graph record of "If I Had a Girl Like You" (the other song never attained any popularity) and thought the Remick song was her father's. Remick's contention is that both melodies arc free adaptations of Strauss' "Blue Danube Waltz," a non-copyright in the common do- main. FRIEDMAN IN NIGHT CLUB Joe Friedman and his orchestra, the former Ace Brigode Virginians' organization, opened last week at Fox's City, New York, prior to booking into a metropolitan night club after a few stands of vaude- ville. Friedman was former -manager for Brigode, and with the latter's retirement Friedman will continue The Virginians by himself. DAVE HARMAN RESUMING Dave Harman is starting out again with his own orchestra, open- ing up on a one-night dance tour, to be followed by picture houses. Edward Fishman. of the Capitol Booking Exchange, out of Harris- burgh, Pa., is handling Barman's tour. PRINCELY COMPOSER Another statesman-composer, be- sides our own Vice-President Dawes, is Prince Gustave of Sweden who pleads guilty to "Where Hoses Grow." Godfrey Ludlow, the W.IZ staff violinist, will introduce the number on his program Dec. 5. Nat Shilkret has arranged the melody for the violin. Leonardi, Ambassador's M. D. St. Louis. Nov. 2s. L. Leonardi is now musical direc- tot at the Ambassador, picture*. h< pUCHPded tills v.a-X Irving. Jtops, GUY LOMBARDO Director of liln orchestra ni the Muftic llox, where smartest C'levelnnd con- sre^atex. In ono of those honfft-to- K<>sh dflncs bands that comes along cue- in a proverbial blue moon. It's an ajocreRution that "nock* out" ilitm •-< ump. IHiik nyncopatlon of hlsh order without any hokum, frills or furbelows, and It Is a tributo to the Houso of Robliins-Knpel that their entiro datlC« catalog 1h given a flat- t< ritur ••plug." Are you? "HUGS & KISSES" (Vanities) "CLIMBING UP THE LADDER OF LOVE" (Vanities) "ONLY YOU & LONELY ME" "TRAIL OF DREAMS" "ALABAMA STOMP" (Vanities) ruhllslied by Rcfcbins-Engel, Inc. 79!) Sri, nth Ave.. New York City Tammany Leader's Son at Manger The orchestra at the new Hotel Manger at 7th avenue and 50th street will be headed by Cass Hagen, who has Frank Crum, veteran jazzist, with him as technical advisor. Young Hagen is the 19-year-old son of a Tammany leader In New York. While the hotel was opened Nov. 15, the grill room has yet to be introduced. It will take a few weeks for that to happen. Paul Specht's English recording contract for the British Columbia Gramaphone Co., Inc., is a record, calling for a minimum of 150 selec- tions within a year by Specht's foreign orchestras. The American con- tract is only for a minimum of 36 numbers per year. DeCarlos and Granada, dancers, are withdrawing from the legit show, "A Woman Disputed," to tour the Orpheum Circuit. "Silver Bells" ARE Good Banjos ASK JO Mb BERTS SAM CARR RUSSELL MANUEL ROY SMECK BANJO LAND LLOYD LBACH EDDIE ROSS AND MANY OTHERS NEW ILLUS. CATALOGUE FREE BACON BANJO CO, INC. GROTON, CONN. F. J.' Bacon D. L. Day