Classic Mode

Music Trade Review

Issue: 1907 Vol. 44 N. 6

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE
MUSIC TRADE
REVIEW
we enjoy under existing law. Complete
justice is done to us by Senator Kittredge's bill,
and we appeal to Congress to support it. * * *
For more than fifteen years the best composi-
tions of American composers have been repro-
BRIEF, BUT INTERESTING.
duced and sold in the form of talking machine
Sol Bloom Disposes of Band and Orchestra
records and other devices for mechanical re-
Catalogue—Receiver for "He's a Cousin of
production without the payment of any royalty
Mine"—Teschner's Good T r i p — W h y Don't to the composers and to the unjust enrichment
Publishers of Popular Music Enter the of the manufacturers of these devices.
Standard or Educational Music Field.
"The courts have decided that the present
copyright law does not cover these devices, and
Sol Bloom has disposed of his band and or-
they suggested that this matter should be
chestra catalogue to George B. Moody, New York.
brought to the attention of Congress. The Li-
The Bloom song catalogue is also reported in
brarian of Congress prepared a bill which con-
the market, if not already disposed of—his talk-
tained a provision protecting us against the use
ing machine business proving so profitable as to
of our compositions for mechanical reproduction
require his closest attention. Mr. Bloom, how-
without the payment of a royalty. * * * The
ever, retains a well-equipped retail department
composer gets his royalty from the man who
in which the publications of all the publishers
owns a piano, because he must buy a sheet of
are handled. This is one of the swell establish-
music from which to play; likewise from the
ments on 42d street, off Fifth avenue.
man who owns a violin, banjo, guitar, etc., but
Considering the large sales of standard and he gets no royalty whatever for his compositions
educational music, it is a wonder the publishers that are played on mechanical pianos and talking
HINDS, NOBLE & ELDREDGE'S
of popular lines are not more interested in its machines."
Excellent Business—Immediate Success With
production and sale. There is a noticeable ten-
the George Rosey Publishing Co. Catalogue.
'THE ROSE OF THE ALHAMBRA" TUNEFUL
dency to enter this exclusive field, and already
Albert E. Wier, manager of Hinds, Noble & several houses heretofore wholly identified with
The second appearance of "The Rose of the
Eldredge's music department, talking with The songs, instrumentals, etc., of a lighter order have Alhambra" in New York, a t the Majestic Thea-
Review, said: "Business is as big as we can announced works, either of a classical or sacred tre Monday night, was successful, even in the
expect. Some idea of our success with the character, on which satisfactory trade is antici- face of a terrific snow storm. The music was
George Rosey Publishing Company numbers may pated.
be gained from the fact that a first edition of
Last week Judge Leventritt, in the New York
20,000 copies on the four pieces, 'Standard Amer-
Supreme Court, Special Term, appointed Fritz
ican Airs,' 'Grand Opera Bits,' 'Motor' march,
Morris receiver for the song "He's a Cousin of
and 'Wooing,' received January 22, has been
Mine," sung by Marie Cahill in "Marrying Mary."
exhausted, and several orders are being held for
According to the testimony adduced at the trial,
a new edition twice that quantity. Mr. Rosey
the song is owned jointly by Morris-Harris
has in preparation several other pieces, among
Music Publishing Co. and the Gotham-Attuck
them an intermezzo and a Spanish waltz which
Music Co. The plaintiffs, the first named con-
are of exceptional merit. One of the great fea-
cern, set forth in their complaint that prior to
tures of Hinds, Noble & Eldredge's sheet music
September 15, 1906, it owned "He's a Cousin of
business is the adoption of a uniform rate to
Mine." The defendant company also claimed to
retail dealers, and a uniform rate to jobbers."
own part of the song. The plaintiff company as-
Mr. Wier, who has written a number of highly
serted that on September 15, 1906, an agreement
successful songs of the semi-popular order, has
was entered into by which the two companies
in preparation a new sentimental love song which
were to share the profits of the song. The evi-
he expects to offer the trade within a few weeks.
dence showed that the defendant had refused to
CHARLES EMERSON COOK.
In the music folio publishing department "The
furnish to the plaintiff any statement of the re- very charmingly sung, and the story greatly en-
Most Popular National Songs" is the latest pub-
ceipts and profits, hence the receiver, who is a joyed. The composer, Lucius Hosmer, was
lication. This is meeting with considerable suc-
member of the complaining firm.
strongly supported by the book and lyrics, from
cess. George Rosey's collection, "The Most Pop-
ular Piano Pieces," is enjoying an unusually
Monday I. Waldman Teschner, of Willis Wood- the clever pen of Charles Emerson Cook. August
steady sale, while "The Most Popular Home ward & Co., returned from a two months' trip Cain Brown filled the title role splendidly, her
Songs" is rapidly nearing the fifteenth edition in the West, reaching the coast in the course of rendering of the number "Love's Eternal Song,"
of 10,000 copies each. Dealers of prominence his jaunt, and coming back via the Southern winning her rapturous plaudits. "The Nightin-
regard it as a folio of which there should always route. The trade everywhere extended "Tesch" a gale and the Rose," with an odd whistling ac-
be a good quantity in stock. The activity of this cordial "welcome, proving their sentiments with companiment, was the hit of the opera. Other
vocal selections are: "Song of the Millers,"
well-known book house in its music publishing orders of a substantial size and caliber.
"The Lay of the Lute," "Slash! Dash! Bang!"
department can be judged from the fact that
"Burlesque Serenade," "The Vagrant Stream,"
VICTOR HERBERT'S STATEMENT
"Oh, Won't You Shed One Little Tear for Me?"
In Support of the Copyright Bill, at Least That
WILLIS WOODWARD & CO.
Weaving," "Castles in Spain." T. B. Harms Co.
Presented by Senator Kittredge.
48 West 28th St., New York.
are the publishers.
PUBLISHERS OP
When Victor Herbert was in Washington, D. C,
M»y Irwin't Great Hit of this Sewon,
last Friday to support and advocate the Sen- STERN & CO. SECURES ANNA HELD'S HIT.
•• LADY "
ate version of the copyright bill, he made a nota-
By Margaret Crosse.
The Petite Parisian who is meeting with such
ble statement in support of his contentions, in
The Ballad Success,
success in F. Ziegfeld's production, "The Parisian
part as follows:
" WE'LL BE SWEETHEARTS TO THE END "
Model," at the Broadway, has the unique dis-
By Sam M. Lewis and Dave Rose.
"I am here on behalf of the composers to pro- tinction of being the author of the song, "It's
And the New Waltz Song Success,
test against the copyright bill reported by Mr. Delightful to be Married," with which she makes
"HELLO, PEACHES"
Currier, which not only does not protect us her biggest "hit." It is written to the melody
By John B. Lowits and Henry Arthur Blumentlial.
against the production of our works by of the great Parisian craze, "Petite Tonkinoise,"
For a limited time the above can be had at 8O\ from
talking
machine
records
and perforated of which Jos. W. Stern & Co. are also exclusive
lilt price.
rolls, but deprives us of rights
which selling agents for this country.
provision consistent with the construction which
the courts have in a long series of cases given to
the word 'writings.'
"Section 22 provides that a wilful infringe-
ment for profit of a copyright shall be a mis-
demeanor. Such an infringement, when affecting
any dramatic or musical composition, is a mis-
demeanor under existing law, and under existing
law the punishment for such misdemeanor is
imprisonment for a period of not exceeding one
year, with no alternative sentence. This sec-
tion applies to all copyrights what now applies
to only dramatic and musical compositions, but
it diminishes the punishment by striking out the
provision for imprisonment in the discretion of
the court and makes the punishment a fine. This
section in the original bill retained the imprison-
ment feature. Your committee felt that the pro-
vision in the existing law which gives the court
no discretion and compelled a jail sentence, as
is provided in certain cases in existing law, was
too drastic."
AIN
they have more than fifteen music folio novel-
ties in preparation covering all the various musi-
cal fields.
EVENT-NEW EASTER
BY VICTOR HERBERT
MUSIC
An Easter Dawn
"
A Beautiful Song, New in its Conception of Eastertide
COPIES NOW ON SALE
XI. WITMARK & SONS,
"The
NEW YORK
House Reliable
CHICAGO
Publishers
LONDON
VICTOR KREMER CO.
NEW YORK
CHICAGO
1431 Broadway
59 Dearborn St.
We publish the Country Sweeper,
Not Because Your
Hair Is Curly
and many others
WRITE US FOR OUR SPECIAL OFFER
which is very interesting to up-to-date dealers
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC
"THE MAN ONTHE STREET."
'The Girl and the Governor" a Great Success
—Evasion of Royalties—Victor Herbert's
Industry—Litigation Rumors-—English Pub-
lishers and Copyright.
On the road "The Girl and the Governor" has
been received with much applause and genuine
appreciation, and its opening in New York on
Monday was followed by the same success. The
delightful musical numbers are "I Am So Fair,"
"That's the Kind of Noble Savage I Am," "Fare-
well, Fond Dreams," "The Heart of a Sailor
True," "I Would Like a Frank Opinion," "The
Bullfrog and the Nightingale," "You Kiss
Like This," "I Die of Love of You," "Who Would
a Bachelor Be?" "Have You Heard It Told That
Way Before?" "Let Gloomy Thoughts Go Hang,'
and "Said the Governor." M. Witmark & Sons
are the publishers.
REVIEW
while a secretary patiently waited for the work
to be completed So he could rush off to the pub-
lisher with them while his principal proceeded
to his destination. Totally oblivious of his sur-
roundings and unmindful of the rushing train's
roar, Mr. Herbert kept steadily at work. As a
fellow traveler observed, "I now know the secret
of Victor Herbert's popularity."
what the language may be, and starts over again.
It is indeed the weirdest and most mystifying
exhibition of its kind ever seen.
Litigation and rumors of litigation between
publishers and writers are rife. As one publisher
expressed himself, "I know i t is a waste of good
money, and causes no end of annoyance and
irritation, but I am compelled to bring these suits
absolutely in self-defense. For example, I have
signed a writer for a fixed period, advanced him
cash and royalty on account, and then he delib-
erately disposes of a set of lyrics to another pub-
lisher, admitting the deal. They write under
names not their own, and not infrequently en-
couraged in this nefarious practice by rival
houses." When this was referred to in the pres-
Much talk is heard of the evasion of writers' ence of other publishers, one of the most promi-
royalties by unscrupulous and double-dealing pub- nent in the group promptly said: "Served him
lishers. How much truth may be in these asser- right. He did precisely the same thing with us,
tions no pretense is made to determine. At any though we gave notice that the writer in ques-
rate, the declared attitude, on practically the tion was tied up with us for everything he
same question, of Oscar Hammerstein, the op- turned out. So you see it is only a case of poetical
eratic impresario, also a composer of light music, justice, and he got all that was coming to him."
is refreshing, who took occasion to say, in con- The philosopher may lay violent hands on either
nection with a suit over certain music, in the horn of the dilemma.
Federal courts as follows:
"i do not propose during my career as a di-
In connection with the benefits to be conferred
rector of grand opera to evade royalties to com- on British publishers by the new copyright laws,
posers by discoveries of defects in their copy- one authority remarks: "We do not deny that
rights or conditions of negligence on their part." the English publishers of music have done a
.0. H. usually says the right thing at the right good deal for the furtherance of the art to which
time and place, and this is only another instance they minister. They have liberally encouraged
of his sterling qualities as a high-grade man.
oratorio and church music; they have produced
cheap editions of classical master-works, and they
Of the indefatigable industry of Victor Her- have generously supported the schools of music.
bert numerous incidents are related. One of the But it is complained that the principal person-
most recent is that of this brilliant composer age, the composer of merit or promise, has been
rushing down town in the New York subway, overlooked. For him, little or nothing is done;
deeply engrossed in correcting music proofs, the battle of life is, for him, as hard as ever. The
publishers lack confidence—they do not look
ahead, as some of the book publishers do, taking
Important Announcement
their chances. How would English literature
be rated in Europe if its staple were six-shilling
Our Position of Sole Selling Agents for the
novels, while the works of Tennyson, Browning,
Georg Rosey Publishing Company permits
us offering their successful numbers
Darwin, Huxley, Lecky and Green remained in
manuscript? Yet that is the musical situation
StaLnda.rd Americ&n Airs
Ground Opera. Bits
in England to-day."
Motor-Ma.rch a.nd Two-Step
Wooi ng-I ntermezzo
At Especially Attractive Rates. Write for
Descriptive Circular and Special Rates
HINDS, NOBLE <& ELDREDGE
MYSTERIOUS SINGING EXHIBITION
Which
Is Attracting Much
France.
BALLADS
March
ind Two-Step
"AFTER THEY
GATHER
THE HAY"
Do Re Mi
Fa Sol
La Si Do"
Down W h a n M o h a w k
F l o w l , Goldao Autumn
Tim* Sweet El«ln«. Era-
Ding Bretn Sighing Horn*,
Sweet Home, Haart'i To-
night In Tanneawa.
JOS. W. STERN
4 CO.
Tha Houst o! Hits
102-104 W. 38th St..
New York
g p ~ Sand for rates
'Dearie"
Blllld
"THE BIRD
ON
NELLIE'S HAT"
Ambolene, My K a f f i r
I Was .Never Kissed Like
That Before
nob White Is WhiBtlin"
in the Meadow
HarTMt Moon Shining on
River
„ PETITE
TONKINOISE"
Parisian Two-
Step Craze!
ROBERT TELLER SONS & DORNER
Music Engravers and Printers
SEND MANUSCRIPT AND IDEA OF TITLE
FOR ESTIMATE
226 WEST 26th STREET, NEW YORK CITY
TWO
GREAT HITS!
"Where the Mississippi Meets the Sea"
AND
••SWEETHEART"
MELVILLE MUSIC PUBLISHING CO.
SS West 28th Street. New York
I.KXllX
AN1> S T T T I I N .
an unusual charm. "Acushla" is no exception to
the rule, which may account for so many of the
vaudeville's greatest favorites making a specialty
of this song. In looking through a list of com-
positions by these writers, the lyrics show such
a wide variety of subjects that no one would sus-
pect they were written by one person were it not
for that subtle touch and quality which are al-
ways noticeable in whatever Miss Lenox writes.
In the music, too, Mr. Sutton handles the sub-
jects of sentiment, pathos and humor in a way
that many would fain imitate, but who fail be-
cause of their lack of spontaneity. "Acushla,"
with its sweetness and sentiment, bids fair to be-
come one of the greatest of the season's suc-
cesses and, too, not only in the professional field,
but among music lovers of the home. This song
is from the publishing house of M. Witmark &
Sons.
Notice in Paris,
31 West 15th Street, New York City
"RED DOMINO"
LENOX AND SUTTON'S NEW SONG.
One of the most taking songs from the pens of
that progressive team, Lenox and Sutton, is
"Acushla," that has the flavor of the Emerald
Isle running through it. A new song from these
write'rs means something a little different, a get-
ting away from the ordinary, and an original
touch which endows all their productions with
If publishers are rightfully accused of subsidiz-
ing professional singers, they may have an op-
portunity of making a "ten strike" with a "team"
who are now giving a staggering performance at
the Hippodrome in Paris, France—a man and
woman who have adopted the names of the late
George Du Maurier's characters, "Trilby" and
•"Svengali," and who are to visit the United
States after their season terminates there. Their
performance has achieved a bewildering success
by the manner in which the woman, seated at a
piano upon the stage, plays or sings any piece of
music immediately its name is whispered or
written down in the presence of her silent col-
league as he moves about the auditorium.
Whatever the means by which the knowledge
of the particular composition desired is trans-
ferred to the pianist and vocalist, it is evident
that her musical repertoire must be astonish-
ingly comprehensive—indeed, it is said to include
no fewer than eight thousand numbers. No words
pass, and Svengali has his back to the stage all
the time, the woman watching him closely, but
it is impossible to detect any gesture or move-
ment that suggests a code. It matters not what
you write down on paper, nothing comes amiss.
Immediately "Svengali" reads the name "Trilby,"
far away on the stage, breaks off what she may
be singing, calls out the name of the new piece,
whether it be grand opera, the latest musical
comedy or the oldest forgotten song, no matter
A FEW FROM "THE HOUSE MELODIOUS."
Minnie Harrison, probably the youngest suc-
cessful singer of coon songs and ballads, is scor-
ing a big hit with that novel "away from all
other" march songs entitled "Farewell Killarney"
and "That Welcome on the Mat Ain't Meant for
Me."
Julius Marks, who made himself prominent in
"The Man of Her Choice" company, and who
made such a big hit with Gus Edwards' "I'll Do
Anything in the World for You," is going to be
featured in a big Wayburn act in vaudeville.
He will continue to use "The House Melodious"
melodious songs, which he says can't be beat for
genuine applause winners.
Von Kiein and Gibson are scoring big over
the Percy Williams houses with "You Can't Give
l o u r Heart to Somebody Else and Still Hold
Hands With Me" and "I'll Do Anything in the
World for You."
Emma Carus played to big business in Glen
McDonough's "Too Near HomeJ' with music by
Gus and Leo Edwards,, at the Walnut Street
Theatre, Philadelphia,- for two weeks, and will
open in Chicago for a run Monday, Feb. 11.
Some of the hits of the show are "Flirtation*
Lane" and "That Welcome on the Mat Ain't
Meant for Me."
The J. Hartley Long Co. have opened a new
music store in Mechanicsburg, O., handling
pianos, small goods, sheet music and talking ma-
chines.

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