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THE MUSIC TRADE REVIEW
44
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Conducted by B. B. Wilson
PERMANENT INJUNCTION GRANTED.
Final Hearing in Case of F. A. Mills, Inc., Vs.
Standard Music Roll Co., Decided in Favor of
Plaintiff
Who Was Awarded Six Cents
to Be Considered Merely as Nominal Damages.
BRITISH COMPOSER ARRIVES.
Josef
Holbrooke, Who Wrote New Pavlowa
Vehicle, Visiting New York.
NEW SUMMER_SONG ISSUED.
"Summer Love," by Jack Mahoney and Percy
Wenrich, a Most Pleasing Number.
At la.st that long-looked-for summer song has ap-
Josef Holbrooke, an English composer, and
Adolph Schmid, also prominent in music, arrived peared, and it is the work of no other than those
Monday on the "Lapland." Mr. Holbrooke is the two masters of popular song creation, Jack Ma-
The case of F. A.. Mills, Inc., versus the Stand-
composer of "The Enchanted Garden," the choreo- honey and Percy Wenrich, whose latest hit, "WliJii
ard Music Roll Co. came up for final hearing last
graphic opera in which Anna Pavlowa, Maggie
week in the United States District Court, District
of New Jersey, and resulted in a verdict for the Teyte, Ippolite Lazzaro, George Bajklanoff and
Gaudio Mansueto will have parts.
plaintiff, Judge Haight deciding that the plaintiff
"The Enchanted Garden" is based on a scenario
was entitle/1 to an injunction restraining the de-
fendant from enclosing and distributing in bbxes conceived by Max Rabinoff, managing director of
containing music rolls of the selections "Waiting the Pavlowa Ballet. The English version and lyrics
for the Robert E. Lee 1 ' and "Take Me to the are by Douglas Malloch. Mr. Holbrooke composed
"Pierrot and Pierriette," "Dylan," "Apollo and the
Swanee Shore," separate sheets or slips of paper
Seamen" and other scores.
with the words of the compositions printed
thereon.
The defendant had contended primarily that the
TO HOLD GREAT EISTEDDFOD.
license agreement permitted it to enclose these sep-
One of the Principal Musical Features of the
arate slips with each music roll, but Judge Haight
Panama-Pacific
Exposition Scheduled for
after considering this agreement in all its phases
This Month—A Great Musical Gathering.
maintained that the plaintiff had not intended to
allow the defendant to use its compositions except
(Special to The Review.)
as specifically stated "in the manufacture of its
SAN FRANCISCO, CAL., July 3.—One of the great-
sound records in any form whatsoever, and to the est events occurring under the auspices of the Pan-
instruments serving to reproduce mechanically the ama-Pacific Exposition at San Francisco is the
said musical work."
gathering of the International Exposition Eistedd-
In granting the injunction, Judge Haight
tod at the Civic Center Auditorium, July 27, 28, 2')
awarded six cents as nominal damages to the plain- and 30. This great festival, which meets annually
tiff, pointing out that the use of the printed words
in various parts of the world, originated among the
with the music rolls had been discontinued by the Druids in Wales three or four thousand years ago,
defendant at or shortly before the suit was insti- and is still the most important institution of the
tuted and almost immediately after the practice Welsh people.
was begun. The plaintiff was also awarded costs
The central feature of this meeting will be the
and counsel fee. Nathan Burkan appeared for F. musical and literary competitions for prizes aggre-
A. Mills and Louis M, Sanders for the Standard gating $25,000. Many of th? greatest choral socie- You Wore a Tulip and 1 Wore a Big Red Rose,"
Music Roll Co.
ties of the United States and Canada are arranging is still in its prime after sales running into hun-
to come, including the famous Scranton Choral dreds of thousands. The new number is entitled
Union, of Scranton, Pa., which last year won first "Summer Love" (It's the Same Old Game), and
MAKE ENCOURAGING REPORT.
the lyrics have a vein of humor running through
A most encouraging report regarding business is prize at the Pittsburgh meeting.
The first prize of $10,000 will be awarded to the them that is most delightful and appropriate to the
made by Michael Keane, manager of the New York
winner
in the chief choral competition for mixed season. The music, by Mr. Wenrich, is of the
branch of Boosey & Co. There has been a great
choirs
numbering
not less than 125 and not more catchy, whistleable sort that should prove right for
demand for the general line of publications of this
the summer time, and the title page, reproduced
house, which are of unusual excellence this season. than 150 voices. Many other prizes will be given, on this page of The Review, holds great promise
the subjects ranging through all the phases of musi-
cal grouping and including competitions between for what is to be found within. Leo Feist, Inc., is
the publisher.
soloists—soprano, contralto, tenor and bass.
$10,000 PRIZE^PERA SUNG.
The "Huuse
of Good
Ballads"
SOME OF OUR SUCCESSES
" I N THE LAND OF LOVE WITH THE
SONG BIRDS."
"THE KISS THAT MADE YOU MINE."
"I'LL RETURN, MOTHER DARLING, TO YOU."
"ONE WONDERFUL NIGHT."
"AS THE LUSITANIA WENT DOWN."
"I DIDN'T RAISE MY FORD TO BE A JITNEY."
"ROLL ALONG HARVEST MOON."
"IN HONOLULU BY THE SEA."
"SING ME THE ROSARY."
"YOU CAN'T AFFORD TO MARRY IF YOU
CAN'T AFFORD A FORD."
"IN THE EVENING BY THE MOONLIGHT
IN DEAR OLD TENNESSEE."
"WHEN THE BELLS AT EVE ARE CALLING."
"THEY ALL SANG 'ANNIE LAURIE'."
(Special to The Review.)
Los ANGELES, CAL., July 5.—Horatio Parker's
$10,000 prize opera, "Fairyland," received its first
•performance here Thursday night. An audience
of 3,000 persons who paid $8,000 for their seats
heard the opera, which proved to be pleasingly
melodic, with a brilliant orchestration. Alfred Hertz,
former conductor of German opera at the Metro-
politan, conducted an orchestra of fifty. In the
principal roles were Kathleen Howard, who sang
the part of Myriel; Marcella Craft, Wade Hin-
shaw, Albert Reiss and Ralph Errolle. Albertina
Rascb was the prima ballerina.
There was a fifteen-minute ovation for Mr.
Parker and those associated with him at the end of
the performance.
Two Sensational English Ballad
Successes
"Somewhere a Voice is Calling"
"The Sunshine of Your Smile"
T. B. Harms & Francis, Day & Hunter
62 West 45th Street
NEW YORK
MEMBERS OF PRESS COMMITEE.
The fifth member of the press committee for San
Francisco, Cal., of the National Association oi
Sheet Music Dealers has been appointed in the
person of E. P. Little, of Sherman, Clay & Co.
The committee in full is now constituted as fol-
lows : Boston—Clarence A. Woodman, Oliver
Ditson Co.; Chicago—Thomas F. Delaney, Lyon &
Ilealy; Denver—Harold Orth, Denver Music Co.;
Mew York City—J. M. Priaulx, Chas. H. Ditson
& Co. ; San Francisco—E. P. Little, Sherman, Clay
& Co.
DEATH OF DAVE BRAHAM, JR.
David Braham, Jr., son of the late David Braham,
musical composer, died last week at Rhinebcck,
X: Y., at the age of thirty-eight years.
We are the publishers of
THE SONG OF SONGS
(Chanson du coenr briie)
Muue by Moya
Three Keys • Ab, Bb and D
Send 12 Cents (or Sample Copy
CHAPPELL & CO., Ltd.
41E. 34th St., NEW YORK
Canadian Branch
347 Yonge St.. TORONTO