Music Trade Review

Issue: 1917 Vol. 65 N. 16

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE
WITMARK & SONS BRING SUIT
Music Publishers Start Action for Injunction,
Accounting and Damages Against Leo Feist,
Inc., Ernest R. Ball and J. Kiern Brennan—
Breach of Contract Alleged in Complaint
M. Witmark & Sons filed suit in the Supreme
Court last week against Leo Feist, Inc., Ernest
R. Ball and J. Kiern Brennan, the song writers,
asking that the Feist concern be enjoined from
selling or distributing any of the compositions
of Ball and Brennan, and that all three defend-
ants be ordered to give an accounting and pay
damages. It is claimed by the Witmarks that
they have an exclusive contract with Ball and
Brennan to publish all their compositions and
that the contract has been broken.
In addition to an accounting and damages, the
bill of complaint also asks that the song "With
All My Heart and Soul," together with the copy-
right covering same, be turned over to the Wit-
marks by Feist, and that the copyright on other
songs placed with Feist by Ball and Brennan
also be turned over and that the contract exist-
ing between Feist and the song writers be de-
clared void by the court.
The papers in the action prepared by Nathan
Burkan, the Witmark attorney, were served on
the Feist attorneys, Gilbert & Gilbert, who stated
MUSIC TRADE
55
REVIEW
in regard to the matter: "In our answer we
shall declare that we inquired into the relations
of Ball and Brennan with the Witmarks be-
fore contracting for their services, and from
what they told us we concluded that the Wit-
marks had breached their contract with the song
writers through failing to pay them royalties
alleged to be due them. In reply to the charge
that Leo Feist, Inc., took the song writers away
from a competing house we would say that Ball
and Brennan were apparently dissatisfied with
their former arrangements, and that the contract
they received from Leo Feist, Inc., was not as
favorable to them as the one they had held with
the Witmarks." In the case of Ball and Bren-
nan the papers of complaint were served on
their attorney, J. A. Timony.
It is understood unofficially that the question
of the status of the Witmark contract with
Ball and Brennan rests upon the granting of
mechanical rights for works of the latter.
REMICK'S NEW COMEDY SONG
Jerome H. Remick & Co., New York, have
just issued a clever new comedy song, with
lyrics by Haven Gillespie, and music by Henry
I. Marshall, entitled "Somebody's Going to Get
the Bee." The number is being featured in
vaudeville by the Ford Sisters and others.
"BLIGHTY" SONGS RAGE IN LONDON
Prevalence of New Term Makes the Accom-
panying Definition of Timely Interest
According to cable despatches from London,
the "Blighty" songs are all the rage there, and
there has been some discussion on this side as
to the exact meaning of the word "blighty." In
answer to a query from this side an English cor-
respondent writes:
"Replying to your query as to the meaning of
the word 'Blighty,' this term is now being very
much used by the soldiers of the Allies in
France and elsewhere in returning home. 1
have very frequently seen it used by friends in
the fighting line in addressing their letters to
England from the front, but as a matter of fact
the word itself is not confined to England but
to any place that is home. Probably before
long your boys will be writing home from
France using the same word in connection with
'God's Own Country.'
The word, I believe,
originally came from Hindustani, doubtlessly
brought over the seas by the East Indian
troops that were in France early in the war. It
seems a most peculiar fact that the 'Tommies'
in the trenches always look forward to getting
a 'Blighty Wound/ this being a wound that is
just serious enough to take them home."
IIH
THE Two Outstanding IONGS OF HOM& I
APPROPRIATE TO THE MOMENT.
Music by
W. H.SQUIRE
Words by
FRED.E.WEATHERLY
No. a i n E\>
No. 4 in G
N o . 3 in F
Words by
E. TESCHEMACHER
Music by
F. DOREL
To
Troops Overseas
Copyright MCMXVI by Boosey & Co.
p Moderato
^m
Efc
When-you come home,dear, all will be fair,
J
Home is not
ten.
There is a land I
heart,dear,
E-veritsvoice is
love,
Far far away from here,
rit. f
^ J IJ J
home if
softly
you are not there,- You in my
tnf ~r
No.4 inEl>
r-i
American Edition - Copyright MCMXVII by Boosey <£ Co.
The American
Andante
No.3 in
No.3 in C
No. l i n B\>
call - ing,
Ten- der and
clear.
«
you at my side, Whenyou come home at _ ev -
en-tide
Birds in the garden, all day long
Singing for me their happy song,
Flow'rs in the sunshine, wind and dew,
All of them.speak to me of you.
You that I long for, near or far,
You that I follow like a star,
Days may be weary, weary and long,
You will come home at even-song!
When you come home,dear, when you come home,
No more to leave me, no more to roam,
God will remember! God will provide!
When you come home at eventide.
Published in Four Keys, as above, to suit all voices,
and obtainable where music is sold
For 40 cents.(Net Cash)
BOOSEY & Co.
Joy inmyheart a-wakes, .
rit.
1
Hear-ingthatsongso true,
p raU.
J Ij
For thro'the lonely world I go,
J
i
Long-ing forhomeand you.
There is a heart I love,
Waiting beyond the foam,
Watching for me and praying,
Calling me ho'me.
Life that is sweet and fair,
Love that shall wake anew,
Will they not crown your soul and mine
When I come home to you!
Published in Four Keys, as above, to suit all voices,
and obtainable where music is sold
For 40 cents (Net Cash)
The House of Song Fame, - New York, - Toronto, London, (Eng.)
l
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
56
THE
TWO POPULAR J>ITSON OFFICIALS
Edward W. Briggs, Recently Elected Secretary
and Treasurer, and C. A. Woodman, General
Manager of Oliver Ditson Co., Are Both Vet-
erans in the Service of the Ditson House
Edward W. Briggs, who was elected lately the
secretary and treasurer of the Oliver Ditson Co.,
MUSIC
TRADE
REVIEW
position to another Mr. Briggs' rise was rapid,
and he quickly acquired a knowledge of the
music publishing business which proved invalu-
able to his employers. Mr. Briggs is also a
director of the company, and he is widely known
among the local music publishers.
Clarence A. Woodman, who is now general
manager and director, needs no introduction to
the trade.
His association with the Ditson
house has been a very long one, considerably
longer than Mr. Briggs, for in fact, it was Mr.
Woodman who Hrst hired him. Mr. Woodman
has long been an important factor in the af-
fairs of the Ditson house. There are few men
in the business who are as well known as he,
and as president of the Boston Music Pub-
lishers' Association for several successive years
he has been brought into close touch with the
leaders in the business.
COURT DECLARES J3LUES ARE BLUES
Federal Judge Carpenter in Chicago Dismisses
Suit Growing Out of "The Barnyard Blues"
and "The Livery Stable Blues" for Want of
Equity—Both Songs May Remain on Market
,
C. A. Woodman
has been identified with the Ditson house all
of his l)U-ine Edward W. Briggs
immediately on leaving school in his home town
of Reading, where he still resides. From one
'JEROME H.REMICK&Ca'S'
Sensational Son£ Hit
Al Bryan's greatest
popular patriotic song
"Don'tTry to Steal
the Sweetheart
of a Soldier"
melody by
VAN and SCHENCK
JEROME H. REMICK & CO.
CHICAGO, I I I . , October 15.;—Seldom have local
newspaper reporters had such an opportunity
for displaying their talents a's humorous writers
as was afforded them in the suit of Leo Feist,
Inc., New York music publishers, against Roger
Graham, a local publisher, over the status of
"The Barnyard Blues" versus "The Livery
Stable Blues," which was heard before Federal
Judge Carpenter last week.
One of the bright spots in the case w r as the
bringing out of the fact that one of the wit-
nesses known as Prof. Beethoven (alias Slap)
White, a black man, had composed blues for
Brown's Band, which played in a red cafe, in
New Orleans.-
In the complaint it was alleged that "The
Barnyard Blues" enjoyed priority of copyright
over "The Livery Stable Blues," and that the
latter was, therefore, an infringement of the
first piece, owing to alleged similarity of melody
and certain barnyard calls.
The rival composers were Alcide Numez and
Dominick LaRocca. It.appears, that one claimed
credit for the pony cry and the other for the
horse neigh in the rival pieces, and there were
other alleged points of similarity. The court
had retained a jazz band in the event that the
contest became too close and required that the
various blues be interpreted, and the line of wit-
nesses would gladden the heart of a most rabid
jazz hound. They included:
Ernie Erdman, composer, of "When You
Know You're Not Forgotten by the Girl You
Can't Forget"; Johnnie Stein, trap drummer ex-
traordinary, who admitted on the stand, under
oath, that it was a gift; Prof. Beethoven (alias
Slap) White, negro jazz hound, composer of
"Snakebite Blues" and author of over four hun-
dred other compositions; Tom Brown, of
Brown's jazz band, composer of "More Power
Blues"; Sam Hare, celebrated patron of fine
arts and proprietor of the Schiller cafe.
Prof. White gummed up the trial by stating
that all blues were alike.
"Well, what are blues?" he was asked.
"Blues are blues," was the reply.
"Are there no differences between the vari-
ous blues?"
"Well, they might be, but, on the other hand,
all blues are the same. Take Alligator Blues
The Song of the Moment
"KEEP THE HOME-
FIRES BURNING"
('Till the Boys Come Home)
CHAPPELL & CO., Ltd.
41 East 34th St.
NEW YORK
and Ostrich Walk Blues. They're different, but
they're both blues and all blues are blues."
The attorney sadly dismissed the witness.
The final outcome was that the court, the at-
torneys and the witnesses gave up attempts to
fathom the matter, and the case was dismissed
for want of equity. Both song numbers may re-
main on the market, and both composers may
draw royalties. Leo Feist will continue to pub-
lish "The Barnyard Blues" arid "The Livery
Stable Blues." The Graham publication will be
handled by the McKinley Music Co., Chicago.
"FURS AND FRILLS" A BIG HIT
New Musical Comedy at the Casino Theatre
One of the Best of the Season
Arthur Hammcrstein's new musical comedy,
"Furs and Frills," was presented in New York
for the first time at the Casino Theatre on
Monday night, and, according to the enthusiastic
comments of the critics, is one of the best
musical pieces that has struck Broadway ithis
season. The piece is an adaptation by Edward
Clark of last season's farce of the same name,
and some effective music has been written for
it by Sylvio Hein. The piece is presented by a
capable company, and is elaborately staged. The
musical hits of the piece include: "Heart of My
Heart," sung by Ruby Norton; "You Can't Take
it With You," sung by Geo. Anderson, and a
clever burlesque on the old-fashioned ballad,
"Always Take Mother's Advice." The score,
which also includes "It's Easy to Lie to Your
Husband," "We're So Happy," etc., is pub-
lished by M. Witmark & Sons.
"JACK 0 ' LANTERN" IN NEW YORK
Chas. Dillingham's New Musical Comedy
Opened at Globe Theatre on Tuesday Night
Chas. Dillingham's new musical comedy, "Jack
o' Lantern," featuring Fred Stone, the well-
known comedian, was presented at the Globe
Theatre, New York, on Tuesday night of this
week, and set a record for advance sale of seats
which covered the first sixteen weeks and totaled
over $200,000. The book is by Anne Caldwell
and R. H. Burnside, and the music by Ivan
Caryll. The music, which is declared to be un-
usually excellent, is published by Chappell &
Co., Ltd. A review of the show will appear in
the Music Section next week.
Still 200% Profit on
Famous
McKinley
10 Cent Music
All of the Best Reprints and more
Big Selling Copyrights than any
other 10 Cent Edition.
TO 6000 McKINLEY AGENTS
50 New Numbers
and New Catalogs
Now Ready for 1918
YOU ARE SURE TO HAVE CALLS
Better Music, Better Paper, Better Titles
Free catalogs with stock orders. We pay
for your advertising. Our music is as staple
as wheat.
Write for samples.
Chicago McKINLEY MUSIC CO. New York

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