Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE
50
MUSIC TRADE
REVIEW
"The Midnight Fire Alarm," "The Storm King
March," "Paul Revere's Ride," "Silver Sleigh
Judge Hazel Holds That Henry L. Mason's New E. T. Paull March Promises to Win Suc- Bells," "The Burning of Rome," "Ben Hur Chariot
Book "Opera Stories" Does Not Infringe the
cess That Has Been Achieved by Predecessors.
Race," "Dawn of the Century March," "The Lin-
Copyright on Certain Music Published by G.
coln
Centennial Grand March," "Dashing Cava-
The E. T. Paull Music Co., which has won en-
Ricordi & Co.—An Opening in the Copy-
liers," "Napoleon's Last Charge" and many others.
viable
success
through
the
publication
of
the
fa-
right Law Now Apparent.
mous E. T. Paul marches at the rate of about two
GIBSON GIRL TITLE PAGE.
Judge Hazel, of the Federal District Court, last each year, bids fair to add to its laurels when the
Saturday refused to hold that Henry L. Mason's latest Paull march, "Roaring Volcano/' is before
Sketch by Famous Artist Adorns Cover of
"Opera Stories," in which appeared a non-dramatic the trade and public. Certainly in the new num-
"What Happened to Mary," a New Feist
version of the copyrighted operas "Germania" and ber Mr. Paull has secured a firmer grip than ever
Number of Much Promise.
"Iris," was a violation of the copyright owned by
G. Ricordi & Co. Judge Coxe had already denied
Some class to Leo. Feist, Inc., these days. First
an application for a temporary injunction.
they capture that song by Caruso, which created an
In his opinion Judge- Hazel said that though the
abundance of interest, and now they are publishing
copyright act gave the complainant the broad right
a new song with a real "Gibson Girl," drawn by
exclusively to translate his copyrighted work or "to
Charles Dana Gibson himself, on the cover page.
make any other version thereof," to sum up a
The title of the new number is "What Happened
libretto by outlining its plot and relating its inci-
to Mary?" with lyrics by Earl Carroll and music
dents in the fewest possible words did not consti-
by Lee Orean Smith. According to the reception
tute such a violation of the act as Congress con-
tendered the number its greatest values does not,
templated.
however, lie in the cover, attractive though that be.
"A literal definition of the words, 'make any
other version thereof,'" said the judge, "would
SONG GAINING STRENGTH.
not only include the defendant's publication, but
also newspaper publications after performance of
'Ain't Yo' Comin' Back to Me, Ma Dinah Lee?"
reviews or criticisms, even when written by re-
Especially Popular as Quartet Number.
porters invited by the owner of the play to witness
The Metropolitan Music Co., 1520 Broadway,
the production. The production of abridgements
New York, reports that "Ain't Yo' Comin' Back
or reviews of the play or opera having been per-
to Me, Ma Dinah
mitted in newspapers, it makes no difference that
Lee?" is r a p i d l y
another without dialogue or stage directions em-
gaining in populari-
bodies practically the same information in a salable
ty both with the
booklet."
professional singers
The court pointed out that it appeared that the
E. T. Paull.
and with the public.
author of "Opera Stories" apparently derived his
The melody is of
information as to "Germania" from a newspaper on his honorary title of "The New March King,"
for it is a descriptive piece of fascinating brilliancy
the sort that sug-
and of "Iris" from a German publication. The de-
gests the old-time
cision ends the second attempt to prevent Mr. and capably arranged for piano and orchestra.
"Roaring Volcano" is based upon the story of an Southern ditties ami
Mason from selling the book and secure an ac-
eruption
of a volcano that results in the destruction
the lyric is pleasing
counting on the part of the Ricordis.
of a near-by city. The music depicts the inhabi-
and c l e a n . The
tants of the city engaged in taking part in and quartet arrangement
STUART SETTLES_WITH CREDITORS. beholding
athletic games, they being followed by
of the number has
Composer of "Florodora" and Other Comic the crowning of the victors and general joyful-
appealed with espe-
Operas Claims That He Was Ruined by ness. As the evening approaches there is heard cial strength to vaudeville performers and cabaret
Pirates—Creditors Agree to Accept Settle- the Angelus and the evening song, during which
singers, who are using it in increasing numbers.
ment of 37 x /2 Per Cent.
the opening crashes of the volcano .also become The Metropolitan Co. is bringing out several other
evident. The passages describing the full blast of
new numbers which promise well, titles of which
The examination into the insolvency of Leslie
Stuart, the composer, who asserted that he had the volcano and the final destruction of the in- will be announced later.
habitants of the city is truly inspiring.. From all
been ruined through thefts of his songs from
"Miss Princess," a new American operetta, the
"Florodora" and other comic operas, was con- indications the new march should prove a real
Paull success.
book by Frank Mandell, lyrics by Will B. John-
cluded in London last week. The liabilities were
Among other Paull marches that have been pop-
ston and music by Alexander Johnston, had its
shown to be $60,375 and the assets $9,375.
ular for periods of from one to twenty years and
premier at the Lyric Theater, Allentown, Pa., on
Mr. Stuart admitted that his annual income for
are still in demand are: "Ring Out Wild Bells," Friday night, November 1, and was well received
the past thirteen years had been $67,500. He had
by a large and delighted audience: M. Witmark &
spent $5,000 to try to stop the piracies of his
MILLION
COPY
HIT
Sons are the publishers.
works. He had charged his royalties for the
benefit of his creditors to such an extent that he
was without any income therefrom for the last
Also New Hits
two and a half years.
Now WHEN WE WERE SWEETHEARTS New
Mr. Stuart's creditors accepted a compromise
Four Big Musical Successes.
New
UNDER THE OLD OAK TREE New
of $1:87% on every $5.
New
WAY DOWN SOUTH
New
At the Globe Theater
New
RAG RAG RAG
New
McKINLEY MUSIC CO'S NEW HIT.
New
THAT SUBWAY RAG
New
New
FRANKIE AND JOHNNY New
Book by Ann Caldwelland Lawrence McCarty.
AN IMPORTANT DECISION.
"ROARING VOLCANO" THE LATEST.
Down By The Old Midstream
NOW PLAYING IN NEW YORK
"The Lady of the Slipper"
TELL TAYLOR, MUSIC
(MDUSMDAYNlGHTl
NEW YORK
PUBLISHER
CHICAGO
BUY
YOUR
NMJSIC FROM
BOSTON
Publishef5
WALTER JACOBS
OLIVER
DITSON
Book and Lyrics by Frarfk Pixley.
Music by Gustav Luders.
At the N. Y. Hippodrome
"Under Many Flags"
16T Tnmont St.,
BOSTON. MASS.
PublUher of
'KUt »f Spriitf." "Sotnt Day When Drtatns Com* Tnu."
And Some Others World Famous
COMPANY
BOSTON
NEW YORK
Anticipate and Supply Every Requirement of Music Dealers
WHITE-SMITH MUSIC PUB. CO.
Published in Chicago.
At the Park Theatre
"The Gypsy"
Roger Lewis
F. Henri KUckmann
Composers tf OctAm Atx"
Lyrics bj
by Tames O'Dea.
Music by
]jy Victor Herbert.
PUBLISHERS, PRINTERS & ENGRAVERS OF MUSIC
Mala Ottcea: 08-84 Stanhope St., Boston
Branch Houses: New York and Chieaao
Conceived by Arthur Voegtlin.
Book by Carroll Fleming.
Music and Lyrics by Manuel Klein..
At the Casino
"The Merry Countess"
Book by Gladys Unger.
Lyrics by Arthur Anderson.
Music by Johann Strauss.
All the Music Now Ready.
M. WITMARK & SONS
Witmark Bldg., 144-146 West 87th St., N. Y. City.
Chicago San Francisco London Paris Melbourne