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THE
Milan, at which they discussed his contemplated
production of "La Boheme" and consulted as to
the singers to be engaged for the cast.
"It is to be observed/' says Judge Townsend,
"that none of the allegations in the complain-
ant's affidavits, except Maxwell's denial, meet the
statement by Hammerstein, confirmed on one oc-
casion by Guest, of a license or agreement to
license, and most of the assertions and counter-
assertions may be so harmonized as to show that
even if the said agreement was not originally
made, Maxwell and Tito Ricordi by their con-
versation and conduct permitted Hammerstein to
make contracts and incur heavy expenses on the
faith of an undertaking that a license would be
given to produce 'La Boheme,' provided the usual
conditions were complied with. There is much
force therefore in the argument that it was not
until after Conried recognized the prominence
of Hammerstein as an operatic rival that any
objection was made to the production of 'La Bo-
heme' as contemplated by Hammerstein; in fact,
the affidavits of complaint and the Maxwell let-
ter, which fails to suggest any exclusive license,
support these assertions. It is admitted by Max-
well that he did not give to Conried the exclusive
right for the production of the opera until on or
about May 14, 1906.
"This court could not grant an injunction be-
fore the questions at issue have been fully tested
and satisfactorily determined upon examination
and cross-examination of the witnesses. Especial-
ly is this so in view of the great hardship which
would be imposed on Hammerstein in view of the
contracts made and expenses incurred on the
faith of the situation produced or permitted by
Maxwell and Ricordi as established by their own
statements. The motion is denied."
Mr. Conried has commenced a suit petitioning
for an enjoining order against Hammerstein.
MUSIC
TRADE
REVIEW
AMERICAN SONGS
Becoming More Frequent on the Programmes
of Noted Singers—A London Critic's Timely
Remarks.
ed this sort of practice has been done by ar-
rangers for years, and it is therefore very inter-
esting to note the outcome of this particular
case.
Nordica, Sembrich, Gadski and Bispham now
often put an American song or two on their pro-
grammes, and they have no cause to regret it,
many of them being so much appreciated that
they are redemanded. The minor singers have
not followed this example as often as they ought
to, in their own interest and that of the compos-
ers. It is different in England, although America
has produced more good songs than England has.
a London critic points out that "at the present
day a song-recital which does not include a group
of English numbers is something of a rarity."
The same writer goes on to say:
"A far greater anomaly is the penchant of
some British song writers for setting German
lyrics in preference to English stanzas. Many
recent instances might be cited, showing that
the custom—which is surely absurd—is gaining
ground. By all means let us have German songs
by German composers—provided they are good
and attractive. But for English musicians to pre-
tend that German, as a language, is more inspir-
ing to their musical thoughts than their own
tongue, is sheer affectation, and supremely ridic-
ulous at that. What, it may be asked, would be
thought by German music lovers in their own
country if they found the song writers of the
Fatherland giving preference to English words?
Yet the parallel is exact."
SHAPIRO SUES AN ARRANGER.
A lawsuit that will interest the music publish-
ing world has been brought by Maurice Shapiro,
the music publisher, New York, against Frank
Saddler, the arranger. Speaking of it, Mr. Sha-
I. WALDMAN TESCHNER'S GOOD TRIP.
piro said: "I instructed Mr. Saddler to arrange
I. Waldman Teschner, who is making his first Silvio Hein's intermezzo, 'Pawnee,' for orchestra-
trip to the Pacific Coast for his firm, Willis tion. The price agreed upon, and paid for, was
Woodward & Co., or himself, is now on his way in keeping with a first-class arrangement and
East, and is expected to reach New York about with the supposed standing of Mr. Saddler. When
the 15th of the month. He was in San Francisco the ordered orchestration was delivered to me I
three weeks ago, and his reports are of an excel- was given to understand that Mr. Saddler had
lent business right along the line.
made the arrangement of the composition for
"We'll Be Sweethearts 'Till the End," has been oichestra himself as agreed. I thereupon printed
reproduced on both disc and cylinder talking ma- ten thousand orchestrations of 'Pawnee' and
chine records by the famous singer, John W. sent them out to the same number of leaders,
Myers. The publishers, Woodward & Co., be- thereby incurring the expense of printing and
lieve the records will undoubtedly do a great postage. Immediately upon the orchestra lead-
deal toward popularizing this sweet ballad writ- ers throughout the country receiving the orches-
ten by Lewis and Rose.
trations, hundreds of letters poured in upon me,
The Columbia Phonograph Co., General, via telling, in a deluge of complaints, that the ar-
Ada Jones, have made an excellent disc record of rangement was very bad, indeed; in fact, im-
John B. Lowitz's latest song, "The Dear Old possible of playing, and, inasmuch as I am push-
Moon; or, I'm Out With the Moon Every Night," ing 'Pawnee' intermezzo as one of my big num-
published by Willis Woodward & Co.
bers, I was compelled to go to the expense of
another orchestration, rearrangement, new plates,
WILLIS WOODWARD & CO. new printing and additional postage.
48 West 28th St., New York,
"When Mr. Saddler was closely questioned by
PUBLISHERS OF
Mr. Hein, the composer, regarding this arrange-
May Irwin's Great Hit of this Season,
ment," continued Mr. Shapiro, "Mr. Saddler ad-
•• LADY "
mitted that he had not done the work, as had
By Margaret Crosse.
been supposed, but that it had been looked after
The Ballad Success,
by one of his assistants. When I learned this I
" WE'LL BE SWEETHEARTS TO THE END "
immediately brought the action above referred to,
By Sam M. Lewis and Dave Rose.
as I was advised by my attorneys, that this was
And the New Waltz Song Success,
nothing more nor less than getting money under
"HELLO, PEACHES"
false pretenses, inasmuch as I had paid for and
By John B. Lowitz and Henry Arthur Blumenthal.
had a right to expect Mr. Saddler's own work,
For a limited time the above can be had at 80% from
lilt price.
and not that of an assistant." Mr. Shapiro add-
"Sleep eundi Forget"
AS ANSWER TO THE GREAT SUCCESS
"Sing Me to
Sleep"
by
CLIFTON BINGHAM and CONSTANCE V. WHITE
ORDER. NOW AND BE IN ADVANCE OF THE DEMAND.
M.
WITMARK
& SO IMS
THE HOUSE RELIABLE
NEW
YORK
LONDON
CHICAGO
REED AND BALL.
It is often asserted that no people are happier
in their work than authors and composers, and
in the working together of Dave Reed and Ernest
R. Ball this fact is emphatically borne out. This
author and this composer make a team wholly
invincible, for they have shown by the success of
"Love Me and the World Is Mine," which is
easily the song of the year, that it would be ex-
ceedingly difficult to match it up with any other
song in popularity, or to surpass it in melody,
harmony and that indefinable something upon
which the success and longevity of a composition
depend. It will be noticed that there is an ex-
cellence developed where author and composer
work continually in true harmony, and that much
of tne best musical work comes from such a
source, each new composition showing a reaching
up to a higher standard, and a steady advance-
ment toward suiting the popular taste, permitting
freer range of thought and expression without*,
limitations.
Messrs. Reed and Ball are men of versatility
and high attainments, and besides they possess a
degree of concentration and intensity that ac-
complishes much. Their song, "Norma Darling,"
which is a recent addition to their list of com-
positions, started off at a rapid gait, carrying
public approval with it, and continuing to gain
and to retain it with each successive day. All
their compositions show that graceful, easy
rhythm of the lyrics of Mr. Reed, and combined
with the delightful and harmonious music of Mr.
Ball, are productive of pleasure and delight to all
who sing or hear their songs. Their songs are all
published by "The House Reliable," M. Witmark
& Sons, who are keenly alive to the interests of
this author and composer.
WHERE
HAVILAND'S PRINTS
FAVOR.
ARE
IN
The wigwams which the F. B. Haviland Pub-
lishing Co. are using to advertise "Arrah Wanna"
are fast becoming a big hit with the public. At
most any public entertainment you can see the
audience with a wigwam pinned on their coats.
Among the new publications from the F. B. Havi-
land Publishing Co. are: "Arrah Wanna," vocal
and instrumental; "Maybe Some Time," "Girlie,
I Love You," "The Good Old U. S. A." and "You
Never Can Tell by the Label." All these songs
are by Drislane and Morse, who wrote "Blue
Bell," "Keep a Little Cosy Corner in Your Heart
for Me" and "Keep on the Sunny Side." How's
this for a week's record? Morse and Drislane's
big song hit, "Arrah Wanna," was used by the
following people in New York during the last
two weeks: Pauline Moran, with Imperials;
Flemen and Miller, with Keith & Proctor's;
Henry and Francis, with Keith & Proctor's;
Ritter and Foster, with 20th Century Maids; Ray-
mond & Clayton, with Wine, Woman and Song;
Lillian Tyce, with Pastor's; Redding Sisters,
with Alhambra; Mooney and Holbein, with
Union Square; Tom Moore, with Keith & Proc-
tor's; Hart and Denette, with Keith & Proctor's,
Philadelphia; John F. Clark, with Keeney's;
Mills and Norris, with Gotham, Brooklyn; The