Music Trade Review

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THE
as far as we may judge, because we are neither
prophets nor the sons of a prophet. Yet natural
conditions point that way."
Isidore Witmark, of M. Witmark & Sons, in
discussing the situation, said: "The publishing
business is undergoing a change and the reck-
less plunging, so characteristic of far too many
houses, is being superseded by a policy of con-
servatism and concentration. The fact that irri-
sponsible publishers, with all to gain and noth-
ing to lose, in flooding the market with issues of
all sorts and kinds have created an unstable con-
dition that jobbers and dealers find misleading
and most unfortunate. In my opinion, which is
also shared by other publishers of financial
standing and mercantile repute, the future wel-
fare of the business depends on the adoption of
legitimate, recognized business methods. Briedy,
it is now a survival of the fittest, and the next
year will go far toward determining the contro-
versy, if such it may be termed. Indications
favor an excellent trade for 1905, for theatrical
enterprises are flourishing, and when prosperity
is their part, the music publishing business is al-
ways satisfactory."
LATEST MUSICAL SUCCESSES.
'Lady Teazle" at the Casino Scores a Tremen-
dous Success—Song Favorites in "Life in
Newport" at the Liberty.
MUSIC TRADE
REVIEW
Royal Chef"; the "Seven English Daisies," simi-
lar contributions from comic opera; Stuart, "the
Male Patti," the greatest female impersonator
since "The Great Leon," will open on the Proctor
circuit next week, and among other favorites soon
to be seen are the Ten-Ichi Troupe, Herzog's 15
Horses, Powell's Mannikins, the Marco Twins,
John W. Ransone, the late star of "The Prince of
Pilsen"; Gillette's Musical Dogs, Chassino, Sis
l^eri Sisters, Blind Tom, Moulier Sisters. Caron
and Herbert, John T. Kelly and Co., Robert Hil-
liard and Co., Midgley and Carlisle, Sherman and
De Forrest, the Kauffman Troupe, Six Glinser-
ettis, Four Mortons, Ryan and Richfield, Canfleld
and Carlton and a score more.
A RULING OF INTEREST.
Decision of Lower Court in Suit of Stern & Co.
versus Shapiro, Remick & Co. Reversed by
Appellate Division—Extract From Ruling.
Last week the order appointing a receiver, pen-
dente lite, directed against Shapiro, Remick &
Co. and in favor of Jos. W. Stern & Co., for the
song "D-i-s! P-o-s! Z-e-s! Means Move," written
by James T. Bryan and Ernest Hogan, granted
by Judge Davis, special term, Supreme Court,
was reversed by the Appellate Division, in which
all the judges concurred. The case, however, is
yet to be tried on its merits, and remains on the
calendar. After reviewing in detail the state-
ments submitted concerning the contracts of the
writers with Stern & Co., and testimony bearing
thereon, the recital concluded as follows: "Upon
the pleadings and papers, including numerous
affidavits denying and affirming plaintiff's al-
leged rights, the special term*, upon application
for a preliminary injunction, granted their mo-
tion for the appointment of a receiver, but denied
injunctive relief, without requiring an undertak-
ing. From the order so entered the defendant
(Shapiro, Remick & Co.) appeal." Judge O'Brien,
who wrote the opinion, also repeated the terms
of the order, and then said:
Rare treats are in store for Proctor patrons.
The list of bookings for the various Proctor
houses extends far into 1906, and guarantees the
appearance of the most notable of the European
and Australian importations, as well as the best
of the American market. The announcements
for the next two or three months resemble a com-
plete list of current "headline" attractions, and
includes many acts not yet seen in vaudeville.
Among these are the "Nine Broilers," from "The
POPULAR SONG and INSTRUMENTAL HITS
FISHING
EGYPT
PLAIN MAMIE O'HOOLEY
PEGGY BRADY
TWO ROSES
MADCAP PRINCESS
RED FEATHER
POLLY PRIM MARCH
SHAME ON YOU
FALL IN LINE
BIG INDIAN CHIEF
ISLE OF SPICE
SAMBO GIRL
JEWEL OF ASIA
Published by
JOS. W. STERN 6 CO.,
34 East 21st St., New York
CHICAGO
LONDON
SAN FRANCISCO
Meyer Cohen, manager for Chas. K. Harris,
was in Washington, D. C, recently, and, in con-
junction with Rudolph Aronson, the well-known
composer, made a deal whereby Messrs. Droop &
Sons, of that city, will make a special feature of
"Our President" march during the inauguration
of President Roosevelt. They have contracted for
10,000 copies. This march is the one which was
selected by the Republican National Committee,
who sent out 100,000 copies to the prominent peo-
ple throughout the United States. There is a
wonderful clay model photo of the President on
the title page. This march is to be used at all
functions at the White House and will also be
the grand march of the inaugural ball. The
National Committee also sent out 10,000 band
and orchestra arrangements of this march and it
is to be played wherever President Roosevelt ap-
pears. It has a catchy swing to it, intermingled
with melodious strains, and will no doubt be "me
of the big sellers for the next four years. Messrs.
Droop & Sons are to be congratulated on their
enterprise through their representative, Mr.
Philpot.
Howard Whitney is probably one of the most
original and unique of our American composers,
for he writes most quaint and fascinating of
tunes. His compositions are described as com-
plete, well rounded and constructed in a simple
and artistic manner. Some of his works are odd
and grotesque, but never tiresome. * "The Mos-
quitoes' Parade," for example, is known the
world over, and there is a catch iness about many
of his melodies that is irresistible. Another de-
scriptive piece of Mr. Whitney's that has become
very popular is "A Lucky Duck." Soon after the
publication of this composition Mr. Whitney
wrote a most delightful march-two-step, "Sin-
cerely Yours," which is a wide departure from
the themes used before. Among his other works
are, "My Ivy Vine," "My Whitewash Man," "In-
We think the order is too drastic and unnecessary-
dian Patrol," "Rose of Killarney" and a beautiful
Before copyrighting the song or composition, the de-
fendant sought of the plaintiff information as to waltz named "Belles of the Night." There is an-
what rights if any they had with respect thereto, but its other, entitled, "Little Shoes," which his publish-
letter remained unanswered. It thus appears that the
defendant purchased the song or composition without
ers will soon issue.
What may be regarded as undoubtedly the big-
gest comic opera success in years was achieved
by Miss Lillian Russell in "Lady Teazle," a com-
edy opera, by John Kendrick Bangs and A. Bald-
win Sloane, which was produced Saturday even-
ing, December 24th, at the Casino, New York,
under the direction of the Shubert Bros. Miss
Russell personally scored a perfect triumph in
the title role, and was ably supported by a
capable company. The biggest song successes
include "In Dear Old Grandma's Days," "The
Charity Waltz," "Love By Proxy," "In London
Town," "The Power of the Press" and "Woman
is Frail."
On Monday evening, December 26th, Messrs.
Klaw & Erlanger produced at the Liberty The-
atre, a new musical comedy, book by John Mc-
exact knowledge as to what rights, if any, the plain
Nally, music by Cole & Johnson Bros., entitled tiff had and thereafter expended money in publishing
the song; and it was only after it appeared that the
"Life in Newport." The stars of the production sales
were likely to be profitable to the defendant, that
include Fay Templeton, Virginia Barle, Pete this action was brought. In addition it appears that
the defendant is responsible.
Dailey and Joseph Coyne, who sung with im-
By the order appealed from, the Court has placed
upon the defendant the burden and expense of printing
mense success the following songs: "Zel Zel," and
publishing the song with the possibility of loss, and
"Roaming Around the Town," "Hello! My Lulu, ' lias fixed the condition that it is not to be sold in the
course of business upon credit, but only
"Peggy's a New Yorker Now" and "Don't Come ordinary
for cash ; and, by the requirement of furnishing weekly
verified
itemized
statements and giving to the receiver
Too Dangerously Nigh."
the right to inspect the books at his pleasure, the
business
of
the
defendant
has been practically placed
The music of the above production is pub-
under the supervision of a receiver. We do not mean
lished exclusively by Jos. W. Stern & Co., who to say that a situation might not be presented when
order as drastic as this in terms might not be jus-
are to be congratulated for having secured the an
tified, but we think it should only be granted in cases
music for two productions which are as- where the plaintiff's right to final relief in the action is
placed beyond cavil, and where no other appropriate
sured of permanent public patronage and favor. security is afforded to the plaintiff. Upon the merits
think it extremely doubtful as to the plaintiff's right
The separate musical numbers will be ready for we
eventually to succeed. In the case of Stern vs. Von Til-
zer
Music Publishing Co., Law Journal, Nov. 11, 1902,
the trade about January 5th.
PROCTOR'S PLANS FOR 1905.
REVIEWOGRAPHS.
where a contract similar to those here presented was in-
volved between the plaintiff and Brynn & McPherson, it
was held that such contract was "unilateral and inequit-
able, and it is doubtful whether it can be enforced in
equity."
It will be noticed that the contract with Brynn &
Mcl'herson left it optional with the plaintiffs whether
they would or would not publish any of the compo-
sitions of these two men, and it gave to the plaintiffs
the right to terminate it either in July or January,
upon giving thirty days' notice. The second contract
with Brynn differs in that the plaintiffs agree to publish
at least two of his compositions a year, but it will be
noticed that it provides for the purchase by the plain-
tiffs of two songs, Brynn "to write and compose ex-
clusively for said firm," for the unexpired period of
about ten months of the former contract, which, it is
stated, is ratified. The provision as to purchase seem-
ingly imposed no further obligation upon the plaintiffs,
nor were the defects of the first contracts not cured.
The contract with Hogan does not bind the plaintiff to
publish any of his future compositions.
We have no desire, however, to dispose of the merits
of this controversy which should be left until the trial,
but we have stated enough to show that the question,
as to the plaintiff's right to ultimately recover is by
no means placed beyond doubt or cavil. We concur In
the view of the learned Judge at Special Term in deny-
ing the motion for an injunction and, with respect to
the motion for a receiver, we think that should also
have been denied. This was not a case for a receiver,
and the most that plaintiff was entitled to pendente lite
was a bond or undertaking if there was any doubt of
defendant's solvency or responsibility. The order ac-
cordingly should be reversed with $10 costs and dis-
bursements, and the motion for the appointment of a
receiver denied with $10 costs. All concur.
Following their usual custom the "Big Firm"
will publish a new ballad on the first. Their
heaviest sellers are "Tennessee," "My Hindoo
Man," "The Gondolier," "The Troubadour" and
"Won't You Fondle Me?"
Five out of every six of the hundreds of pro-
fessional letters received weekly by Sol. Bloom,
mention the success achieved everywhere by the
ballad "Kisses," which is being featured by all
sorts of acts and singers from coast to coast.
"Kisses" is one of the quickest "hits" ever
scored by this house. Another favorite is "Caris-
sima," the new waltz song, by Arthur A. Penn.
Bertha Allison has just started on a forty weeks'
vaudeville tour, and will feature "Carissima" as
her opening number, without a break.
NOTES FROM JOS. W. STERN & CO.
Miss Clare Kummer, the talented composer,
has signed a contract with Jos. W. Stern & Co.
whereby she will write exclusively for them a
number of years. Miss Kummer's success as a
composer has been world-wide, owing to the fact
that one of her songs, "Egypt," was the biggest
hit for -Over a year in the "Chinese Honeymoon"
production in London, and soon after it was
interpolated with an equal degree of success in
the "Girl From Kay's" production at the Herald
Square Theatre, New York. Miss Kummer's most
recent songs include "June," which is a tremen-
dous hit in the "Catch of the Season" production
in London, and "Dingle Dongle Dell," which, as
sung by Miss Marie Cahill, is a prime success in
Lew Fields' new production at his 42d street
theatre.
Charles Horwitz has just finished a new sketch
for Dawson & Whitfield. It is entitled "The
Hall-Room Boys," and is founded on incidents in
the now-famous series of caricatures being pub-
lished in a New York daily. William Morris is
now booking time for the act. Three of Stern
& Co.'s songs, "That Ain't the Kind of Grub I've
Been Getting Down Home," "The Humming
Coon" and "Egypt," will be introduced in the
sketch.