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APRIL 13, 1918
THE MUSIC TRADE
GILBERT & GILBERT
43 Exchange Place
New York
5779
March 14, 1918.
Hon. A. Bruce Bielaski,
Chief of Bureau of Investigation,
Department of Justice,
Washington, D. C.
Dear Sir:—Our client, Leo Feist, Inc., one of
the largest music publishers in the United States,
has published a song to which objection has
been made by Mr. Hinton G. Clabaugh of the
Chicago division, as being unpatriotic.
The title of the song is "There'll Be a Hot
Time for the Old Men While the Young Men
Are Away" and the words are as follows:
(Here follows the lyric of the song.)
This song has been sung and has been on sale
throughout the United States without objection
by anybody until Mr. Clabaugh registered his
objection. Our client has endeavored through
its musical publications to stir the patriotic spirit
of the nation and to that end it is publishing
such well known songs of concededly high
patriotic order as the following:
55
REVIEW
THE
Department of Justice
At Washington Says:
The sale of the "Hot Time" song
will not be interfered with
"Over There."
"It's a Long Way to Berlin, But We'll Get
There."
"Good-Bye Broadway, Hello France."
"Where Do We Go from Here Boys," etc., etc.
The charge made by Mr. Clabaugh that a song
published by our client is unpatriotic, was a
great shock, and without any attempt to defend
the song against what we consider an unjust
charge the song was immediately withdrawn
from sale and all stores handling the song were
immediately advised to return all unsold copies
for which credit would be given.
Our client is one of the largest, if not in fact
the largest, publisher of popular music in the
United States and has built up a most excellent
reputation, and, of course, he has no desire at
this time of great national crisis to publish any
song which would in any manner offend, either
the spirit of national patriotism or of public
good taste.
We submit, however, that the last three and
one-half years' events in England and in France
have demonstrated that one of the best ways to
preserve the national morale is to permit the
theatres to remain open, to encourage public
performances of light character and to keep
alive and cultivate the ability by the people to
smile and laugh despite the otherwise tragic
aspect of human sacrifice.
The song in question was intended to amuse
and for such purpose has proven effective be-
cause wherever performed the audience has al-
ways laughed and enjoyed the song.
So far as our client knows no complaint of any
kind has been made against this song except in
Chicago, where the agitation was probably in-
spired by people whose motives were other than
patriotic.
Please do not understand us as questioning
Mr. Clabaugh's good faith because we believe
that his acts were dictated only by his sense of
duty. We think, however, that he has regarded
the song in entirely too serious a light and our
opinion is fortified by a newspaper account of
Mr. Clabaugh's action with regard to the song,
published in the Chicago Herald of March 7,
1918, which states:
"Mr. Clabaugh spent two hours interview-
ing the redheaded salesgirl, the owner of a
store and the City distributor of the song.
A dozen copies were taken into the chief's
room, where a week before an analysis of
what was supposed to be a bomb had been
made. Mr. Clabaugh was shocked when he
read the following words." (Then follow
the words of the song.)
The headline of the article is clearly expres-
sive of this newspaper's amusement of Mr.
Clabaugh's action with regard to the song. The
headline is as follows:
sf
ADDRESS REPLY TO
Bitmm nf
CHIEF. BUREAU OF 1NVESTICATION,
A t O REFER TO INITIALS.
AHP*EEJ
M a r c h 19th
Gilbert Sc Gilbert,
-
1918
43 Exchange Place,
New W k , N.Y.
Gentlemen:-
I beg to acknowledge receipt of your letter
of March 14th, 1918, in reference to Mr. Clabaugh's
actions in objecting to the song, "There'll Be A Hot
Time For The Old Men While The Young Men Are Away. n
Mr. Clabaugh acted entirely without his
province when he objected to this song, as this Bureau
has no jurisdiction-over matters of this kind, and
so far as this office is concerned, its sale will not
be interferred with.
Very truly yours,
c^O-Jo^-"'*-
Chief.
"NEW ' H O T T I M E ' SONG
SHOCKS MR. CLABAUGH
" 'Men of 50, Feelin' Nifty, 'Cause They Don't
Have to Go,' Stirs U. S. Agent"
As we have already stated, the song was im-
mediately withdrawn pending further considera-
tion. The song itself is of little importance.
Our client's reputation, however, is of consider-
able importance.
If upon fair consideration of the matter by
you, you are of the opinion that the song ought
not to be published, such a statement by you will
'
end the incident. If, however, you feel that the
song is quite proper, measured by all reasonable
critical tests, we submit that our client's reputa-
tion ought to be restored by some public an-
nouncement.
And in considering the effect of this song upon
the national morale either as to its unpatriotic
or offensive quality, we submit the thought that
while a song might be considered in bad taste by
men and women of superior educational qualifi-
cations, such a song might be considered quite
proper, acceptable and amusing by the millions
of people of more limited education and yet who
live decent respectable lives, who are intensely
patriotic and who in the last analysis form the
spirit of the nation.
We feel quite confident that you will give the
matter fair and serious consideration and having
done so, whatever your decision is in the matter
will be quite acceptable to us and our client.
Yours very truly,
GILBERT & GILBERT.