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THE
52
MUSIC TRADE
REVIEW
CONDUCTED BY B. B. WILSON
BRINGS SUIT OVER "TIPPERARY"
Young Lady in New York Wants -and Seeks
an Injunction and Accounting on Claim That
Melody Is Same as That of Song She Wrote
Those who lack faith in the supernatural
and who do not believe at all in the theory
of reincarnation, will be happy to learn that the
song "Tipperary" has been brought back to
life, and that after several years it has been dis-
covered to have the same melody as a song
written in the State of Washington, and nearly
7,000 miles from London. At least so claims
the plaintiff in a suit brought against Chappell
& Co. in the Supreme Court.
Alice Smythe Burton Jay, living at 3016 Bailey
avenue, Kingsbridge, N. Y., obtained an order
to show cause from Justice Mitchell in the Su-
preme Court directed to Chappell & Co., Ltd.,
directing them to give reasons why an injunc-
tion should not be issued restraining them from
further exploiting the song "It's a Long, Long
Way to Tipperary," and why they should not ac-
count to her for the profits made by its sale.
The plaintiff claims that she composed a mu-
sical composition called "Yakima" in October,
1908, while she was at the Green River Hot
Springs Hotel, Washington, and on February
26 of the following year twelve young women
sang it in the Methodist Episcopal Church at
North Yakima, Wash. It was also sung at the
Alaska Yukon Fair, where it was played by the
F. C. Innes Band, and a copy of the music was
shown to Harry Williams and other persons in
the profession. Her original copy, she claims,
was stolen after this.
In 1915, while in Honolulu, she stated to the
court that she was awakened by night singers,
and learning the name of the song they sang,
she says that it was "Tipperary," and in this
song she asserted note for note was identical
in the chorus with her composition "Yakima."
At that time, she further stated, she had the
song copyrighted, but was unable to have it
published on account of its similarity to the
well-known song of the "Tommies" in the
trenches in France.
McKinley's Smashing Hit
The Luscious, Sugary
Ballad Success
Among the exhibits presented to Justice
Mitchell was a copy of "Tipperary" put out by
Chappell & Co., Ltd., with the names of the
authors on it—Jack Judge and H a r r y Williams.
She asks the Supreme Court to allow her an
accounting for all the sales of the song and a
permanent injunction from any further sale of
it. Corroborating affidavits were furnished by
Sol. Levy and by F. C. Innes of the band of
that name.
At the Chappell & Co. offices it was stated
that, unlike the fair plaintiff, H a r r y Williams, the
credited composer of "Tipperary," is not in any
sense a globe trotter, and has never been in
the United States or Canada. Also according
to the defendants Mr. Williams has stated by
cable that he never attended a seance and has
no knowledge of his soul ever having been
transported either to the State of Washington
or to the Yukon. The court hearing on the case
should prove interesting.
MUSIC FOR SOLDIERS IN FRANCE
Liberal Donations of Both Sheet Music and
Musical Instruments Now Being Sent to the
Soldiers Near the Front in Response to Appeal
According to reports the appeals made by
the Y. M. C. A. and other interests who are
engaged in looking after the welfare of the sol-
diers in France, for sheet music orchestrations
and small musical instruments of various types,
have met with a ready response, and in one week
recently over 3,000 sheets of music and a large
number of musical instruments were shipped
to the soldiers in Europe. Much of the music,
and the majority of the instruments, were gifts
from publishers and manufacturers.
TWO PROMISING NEW SONGS
"She's Back Among the Pots and Pans" and
"He'd Rub, Rub, Rub His Little Lamp" Be-
ing Featured by Many Professionals
William Jerome, Bert Hanlon and Seymour
Furth have written two new songs, which in the
short time since their release, have been very
popular with professional singers who visit the
offices of the Wm. Jerome Publishing Corp. in
quest of the new material. This popularity will
probably create a very heavy demand for the
songs by the public. The songs are entitled
"She's Back Among the Pots and Pans Again"
and "He'd Rub, Rub, Rub His Little Lamp."
MUSIC FOR MOTION PICTURES
"Gordon's Motion Picture Collection" Contains
Music for All Kinds of Films
"Gordon's Motion Picture Collection," com-
posed and compiled by Sol P. Levy, which is
published in two parts, is conceded to be one
of the most complete publications for the use
of musicians in moving picture houses which has
ever been gotten together. Besides composi-
tions for miscellaneous scenes and effects the
collection also contains the national anthems of
all nations and music for nineteen standard types
of pictures, each type consisting of from six
to eight representative melodies printed on two
pages without turnovers and containing all the
music necessary for each motion picture. The
above books are published by Hamilton S.
Gordon.
SONGS FREEMEN
This Stirring March is the Greatest of the War Songs
7 cents
chic.,.
McKinley Music Co.
New York
Published by FRANK F. BRUM&ACK
Rialto Building
Kansas City, Mo.
THAT NEW FEIST fALL CAMPAIGN
Use of Full Page in Saturday Evening Post
Sets a New Mark in the Exploitation of Pop-
ular Music—Four Songs Featured
The reproduction in last week's Review of a
full page advertisement regarding the songs pub-
lished by Leo Feist, Inc., and which will appear
in the Saturday Evening Post of September 29,
furnishes proof of the fact that the company
plans to continue the giving of unusual publicity
to the various numbers.
That a full page in the Post, costing over $5,000
for one insertion, and featuring four songs, is
used as a start off of the fall campaign, indicates
that the exploitation will be on a larger scale
than ever before. To quote from a circular
sent to the dealers and announcing the adver-
tisement: "This is the most daring and at the
same time the most logical campaign ever at-
tempted because never before at any one time
have there been four better songs on the mar-
ket." The four songs referred to are: "Good-bye
Broadway, Hello France," "Where Do We Go
From Here?" "Mother, Dixie and You" and
"There's Something in the Name of Ireland."
The first three songs are already thoroughly
established and the fourth holds much promise.
JEROME KERNJNOW A PARTNER
Composer Taken in as Member of Firm of T.
B. Harms & Francis, Day & Hunter
Jerome Kern, the well-known and successful
composer of musical comedy numbers, whose
works for a long time past have been published
by T. B. Harms & Francis, Day & Hunter,
has now been taken in as a partner in that
company, the interests of which are controlled
by Max and Louis Dreyfuss. The new arrange-
ment should give the Harms Co. still further
prestige in the production field. Mr. Kern, who
wrote the scores of "Have a Heart," "Love o'
Mike," "Oh, Boy," and other successes, is now
engaged in collaboration with Victor Herbert
in providing the score for the new show to be
presented at the Century Theatre.
NEW INCORPORATION
A certificate of incorporation was issued this
week to the Russell Music Corp., of Buffalo, for
the purpose of conducting a music publishing
business. The capitalization of the concern is
$5,000, the incorporators being Arnold Cornelis-
scn, J. F. Logan and A. G. Squires.
JEROME H.REMICK&Cp:S
.Sensational Son£ Hits
•DOWN SOUTH EVERYBODY'S HAPPY"
'•SOMEWHERE ON BROADWAY"
"SHE'S DIXIE ALL THE TIME"
"SO LONG MOTHER"
"WHERE THE BLACK EYED SUSANS
GROW"
"ALONG THE WAY TO WAIKIKI"
"AIN'T YOU COMING BACK TO
DIXIELAND"
"SWEETEST GIRL IN TENNESSEE"
"YOU'RE A GREAT BIG LONESOME
BABY"
"SAILING AWAY ON THE HENRY CLAY"
"CHINA DREAMS"
"WHERE THE MORNING GLORIES
GROW"
••SOUTHERN GALS"
"I'LL COME SAILING HOME TO YOU"
"CHERRY BLOSSOMS"
"SO LONG SAMMY"
"IN THE HARBOR OF LOVE WITH YOU"
"FOR YOU A ROSE"
"THERE'S EGYPT IN YOUR DREAMY
EYES"
"SOME SUNDAY MORNING"
•I'M YOURS WITH LOVE AND KISSES'
"LAST NIGHT"
JEROME H. REMICK & CO.
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