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THE MUSIC TRADE REVIEW
Conducted by B. B. "Wilson
fealed .by the charge of laches. The delay of
about three months in commencing its action can-
Elaborate Reviews of " I Didn't Raise My Boy
Supreme Court Finds for Plaintiff Publishers
not amount to such laches as would defeat it even
to Be a Soldier" When It Is Sung at the
Against Defendant Composer and Others in
if laches alone, as distinct from the statute of
Local Vaudeville Houses—How One Artist
Interesting Decision—The Latest Phase of
limitations, is ever a defense (Treadwell vs. Clark,
Was Impressed by the Number.
the "When Is a Contract Not a Contract?"
190 N. Y. 51, 60). Nor should the delay in giving
Question Upholds the Publisher.
notice of its rights affect the plaintiff's remedy,
The success of the Feist anti-war song, "I Didn't
for it does not appear that the defendants were Raise My Boy to Be a Soldier," when featured in
Another chapter has been added to the history
injured by the delay.
the local vaudeville theaters by prominent singers
of recent court decisions that are calculated to
"The evidence shows that
prove, for the benefit of the composer and pub- t h e defendant Atteridge
lisher alike, a solution of the problem, "When is was a well-known song
a contract not a contract?" The recent reversal writer of exceptional abil-
by the Appellate Court of a decision obtained by ity, and if the publishing
the publishers against William H Peters, the com- house which
contracted
poser, appeared to give the writing fraternity with him was not aware of
some advantage, but last week Justice J. Giegerich, his existing engagements to
of the Supreme Court of New York, in the case another publisher it could
of M. Witmark & Sons vs. Harold Atteridge and easily have ascertained what
others goes to prove that a contract is as binding they were and should have
on the composer as it is on the publisher.
done so, since agreements
The details of the W r itmark-Atteridge case are, of this character between
briefly: The Witmarks signed Atteridge as a such writers and publishers
writer on their staff exclusively for a period of are quite common and
two years, the contract expiring on January 6, well known to be so.
1913. The plaintiffs in this action contended that
"Judgment for plaintiff
certain songs written by the defendant were against defendant w i t h
rightfully their property and sued for an account- costs.
ing. It is alleged that Atteridge did not "deliver
"Submit, with proof of
Recent Cartoon on " I Didn't Raise My Boy to Be a Soldier."
the goods" to the Witmarks during the life of his service, requests for finding within five days after
is emphasized in a most interesting manner by the
contract with them, although they paid him, under the publication of this memorandum."
accompanying cartoon, which is reproduced from
the terms of the said contract, a weekly salary, or
the New York American of recent date and marks
advance". Meantime Atteridge joined the forces
the singing of the number at Keith's Royal Theater
LOCAL
ASSOCIATION
FORMED.
of a large producing firm and was working for
during the week by Nellie Nichols. In connection
New York Music Publishers' and Dealers' As-
them in one or another capacity when his contract
with the cartoon the reviewer said in his regular
sociation Organized at Dinner at Hotel Bres-
with the Witmarks expired.
report of the show: "Only a liule more than a
lin on Tuesday Evening—Officers Elected—
Somewhere about a week after the expiration of
week old, i. has created a furore in New York
Designed to Promote Friendly Trade Feeling.
the contract the producing firm presented a new
and is sweeping to success in other cities. Audi-
show in which were several numbers written by
At an informal meeting and dinner held at the ences have demanded that it be sung over and over
Atteridge. The plaintiffs had evidence that these Hotel Breslin on Tuesday evening of this week, to
again until it has become a very real feature in
numbers had been sung in Boston during the re- which all music publishers and dealers of Greater
every sense of the word.
hearsals there in December, 1912, of the new pro- New York were invited, there was successfully
"The song has all the sentiment that is required
duction, and therefore charged that they must launched the New York Music Publishers' and
just at this time. There arc few songs in which
have been written by the defendant while he was Dealers' Association, according to plans as an- the words are so cleverly wedded to the music.
in their (Witmark's) employ and under contract nounced in The Review last week.
They seem naturally to come together and can be
with them. Atteridge denied he had written
sung with peculiar ease."'
The following officers were elected for the first
them j*nd, although ostensibly the publishers year: W. L. Coghill, of the John Church Co., presi-
Nevin's famous composition, "Mighty Lak a
were suing for an accounting on numbers issued dent; Ted Snyder, of the Waterson, Berlin & Sny-
Rose," has been arranged as a valsc hesitation by
by another house which rightfully belonged to der Co., vice-president; J. F. Glassmacher, of
the plaintiffs, they hoped to gain a decision on Chas. H. Ditson & Co., treasurer, and J. T. Roach, Frank McKee and published by the John Church
Co. In its new form the number bids fair to sur-
the merits and binding character of the contract.
of Hinds, Noble & Eklredge, secretary. The four
pass its former success, for it lends itself particu-
Justice Giegerich in his decision, which is brief
officers, together with Michael Keane, of Boosjy &
and to the point, as well as characterized by re- Co., Walter F. Fischer, of Carl Fischer, and Ed- larly to the purposes of the modern dance.
freshng clarity, says :
ward D. Marks, of Jos. •W. Stern & Co., constitute
"Supreme Court, County of New York—Special a committee on constitution and by-laws which will
Term, Part lit, October, 1914. M. Witmark &
report at the next meeting and dinner of th^ new
Sons vs. Harold Atteridge and others.
organization at the Hotel Breslin on February 16.
"Giegerich. J.—I find nothing inequitable in the
As has been announced, the new association is
contract between the plaintiff and Atteridge. It based on fraternal rather than business lin^s, and
is quite different from the contract in Witmark vs. the main object of the organization is to* bring the
Peters (14(1 X. Y. Supp. G42, Advance Sheets, music publishers and dealers together at regular
November -V\ 1914), in that it provides for a sub- intervals informally and thereby promote good fe-1-
stantial weekly payment to the author.
ing in the trade. There will be no attempt to reg-
"Xor do 1 find any lack of mutuality. It would I'late any business problem by resolution or other-
have been quite possible to decree performance by
wise, and business matt.rs generally will be dis-
the plaintiff of its engagements under the contract. cussed, if at all, informally. It is felt by those back
"I do not think that the plaintiff can be de- of the movement that with the members of the
trade on a thoroughly friendly basis, many sub-
jects of dissention will right themselves.
We are the publishers of
The first meeting was very well attended, the
following concerns being represented by one or
more members; Leo Feist, Inc., M. Witmark &
Sons, Chas. K. Harris, F. B. Haviland Publishing
(Chanson du cocur biise)
Music by Moya
Co., Charles H. Ditson & Co., Hamilton S. Gordon,
Three Keys : Ab. Bb and D
Church, Paxson & Co., Chappell & Co., Boosey &
Send 12 Cents for Sample Copy
Co., Wrn. A. Pond & Co., White-Smith Music Pub-
lishing Co., American Music Stores, Carl Fischer,
CHAPPELL & CO., Ltd.
Evans Music Co., Hinds, Nobh & Eldredge, Water-
41E. 34th St., NEW YORK
son, Berlin & Snyder Co., John Church Co., Luck-
Canadim Branch
hardt & Belder, Loren/ Publishing Co., Breitkopf
347 Yonge St., TORONTO
& Hartel, B. F. Wood Music Co., and E. T. Paull.
W1TMARK CONTRACT UPHELD.
FEATURING SONG IN CARTOONS.
McKINLEY'S TREMENDOUS HIT
THE SONG OF SONGS