Music Trade Review
Issue: 1908 Vol. 46 N. 9 - Page 45
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THE
to that clevtr pair Cecil Lean and Florence Hol-
brooke.
THAT "Jess" Dandy with his excruciatingly
funny song "Stung" is a vaudeville hit "emphatic
and pronounced" as Theo. Bendix would say.
THAT Jerome D. Kern is the latest one of the
T. B. Harms contingent to sail for Europe.
THAT this clever hoy is already well known
in London by his compositions.
THAT Ivan Davis, the late lamented musical
director oi 1 the Colonial Theater, Chicago, and
head of the music publishing house of that name,
never at any time arranged any of Gustav Luders'
music, as has been reported.
THAT he did some scoring for Mr. Luders, who
invariably arranges his own compositions.
THAT Louis Dreyfus is regarded as the very
best music salesman on the road.
THAT in spite of the fire on their premises,
Francis, Day & Hunter are doing a remarkable
business.
THAT "Just Someone" (M. Witmark & Sons)
and "I'm Starving for One Sight of You" (Chas.
K. Harris) are selling enormously.
MUSIC TRADE
REVIEW
45
DECISION FAVORS APOLLO CO.
BOSTON PUBLISHERS MEET
The Long Awaited Decision of the United
States Supreme Court Handed Down on Mon-
day by Justice Day.
And Hear Addresses by Isidor Wotmark,
Nathan Burkan and Others—Some New
Publications by Walter Jacobs—The White-
Smith Decision—Ditson's New Issues.
On Monday last Justice Day, of the Supreme
Court of the United States, handed down his de-
cision in the case of the White-Smith Music Pub-
lishing Co. vs. the Apollo Co., involving the ques-
tion whether copyrighted music- is protected
against reproduction on perforated paper for use
in pianolas and similar instruments, in favor of
the Apollo Co. The case originated in the United
States Circuit Court for the Southern District
of New York. It is now established that the
present copyright law does n©t afford the com-
poser of music protection against its appropria-
tion by mechanical musical appliances.
Two test cases were brought by the White-
Smith Co. to restrain the Apollo Co. from in-
fringing the copyright on two songs, "Little Cot-
ton Dolly" and "Kentucky Babe," which the
Apollo Co. without permission had adapted to
perforated paper rolls for mechanical pianos.
Various other music publishing houses and com-
THAT Leo. Feist has a new song, "The Man
posers also joined in the case to the extent of
Who Fights the Fire," which is certainly the filing briefs in support of the contention. A
most stirring thing of its kind in years.
full account of the decision will be found in
THAT "Under the Matzos Tree" (Fred Fischer another part of the paper. By a singular coin-
& Co.) is a Jewish song which has the merit of cidence our "Man on the Street" was in con-
clean comedy without a trace of offense or vul- versation with Banks M. Davison, of the White-
garity.
Smith Co., when the first news of the decision
THAT this firm deserves success if only on ac- reached Boston. Mr. Davison smiled grimly but
count of the fact that they had a good word to refused to make any statement fov publication.
say for everyone, including their business rivals.
(Special to The Ueview.,
Boston, Mass., Feb. 24, 1908.
On Thursday last the members of the Boston
Music Publishers' Association gathered at the
City Club to hold their annual meeting, Isidor
Witmark of M. Witmark & Sons and Nathan Bur-
kan, the well-known lawyer, who represents the
Music Publishers' Association in the Copyright
light being the guests of honor. G. M. Bacon,
of the White-Smith Co.; Chas. Bobzen, of the
Oliver Ditson Co., and Walter Jacobs were
present, as well as representatives from Messrs.
Schirmer and B. F. Wood Co.
At 6.30 the members of the association and
their guests sat down to dinner, which was fol-
lowed by short addresses by Mr. Witmark, who
spoke earnestly and with his usual directness on
music trade conditions, and Mr. Burkan, who
made an excellent and forceful speech on the copy-
right situation, both of which were received
with the utmost enthusiasm. Mr. Bacon also
spoke and the cordiality displayed by the mem-
bers of the association toward each other was
an object lesson to your New York's popular pub-
lishers.
Walter Jacobs ha^ just published some new
numbers which should attract considerable at-
tention among the retail trade. "Trading Smiles,"
by Don Ramsay is one of these and "Think of
the Girl Down Home," by the author of "Some
THAT our "Man on the Street,' who started on
JURY DISAGREES IN HERBERT SUIT.
Day When Dreams Come True" is likely to be
a flying trip to Boston after we had gone to press
another winner. "Pansies for Thought," the com-
Victor Herbert, the well-known musical com-
will report on conditions "Way Down East" in
panion piece to one of the best selling waltzes
poser, testified on Monday before Judge Goff and
our next issue.
in the market to-day, "The Kiss of Spring," has
a jury in Part 9 of the Supreme Court in a suit
just been issued by the same publisher and the
he has brought to recover $600 for the song,
present indications are that it will rapidly equal
"Business Is Business," paid to Daniel V. Arthur,
the popularity of the latter. It is adorned with
the manager, and Shepherd M. Edmunds, a com-
an exceedingly attractive title-page.
poser.
The news of the Supreme Court decision in the
Marie Cahill, starring in Herbert's musical
comedy, "It Happened in Nordland," sang the White-Smith case has just come to hand, and
In this column all queries relating to music and the
music trade will be gladly answered. Address Editor,
song. She, according to contract, had the right has been much commented on.
Music Publishing Department, Music Trade Review, 1
The Oliver Ditson Co. have some beautiful
Madison Avenue, New York.
to interpolate a song in each act.
numbers
in their new issues for the month
Herbert testified that he had given his check
ARTHUR ENWKIGHT.—We believe the person
which, no doubt, you have received 'ere this.
you name to be thoroughly reliable, having for $600 to Arthur for the lyric and later learned
George W. Towne, assignee of George W. Set-
known him for some years. Nevertheless we are that it was Arthur's property and not Edmunds'.
chell, the music publisher of this city, has
investigating his business and will let you know Therefore he brought suit to recover his $600,
announced that the stock at present in hand is
the result. In the meantime you can afford to claiming that he should not pay for a lyric
which the husband of the star owned. ' He said valued at $3,629.12 with retail accounts amount-
wait.
that Edmunds was to get two cents per copy for ing to $300. The liabilities are $5,900. -In a con-
F. H. GREEN, Muscatine, Iowa, and F. E. Has-
ference with the heaviest creditor an offer of
well, Williamsport, Pa.—We have sent you the the song by agreement. The jury disagreed, immediate settlement was made at 33% per cent.,
being
ten
in
favor
of
a
verdict
for
the
plaintiff
desired information.
the assignee stating that if all the creditors
E. D. STUMP.—The number "I'm Going Away" and two for the defendant. Nathan Burkan ap- agreed to the proposition they would obtain more
peared
for
Mr.
Herbert.
is published by Shapiro, 1416 Broadway.
than by having the estate liquidated.
W. F. MINDEL.—We published the number you
allude to on Nov. 30, 1907. You can procure a
THE THREE TWINS" TO BE PRODUCED.
Emperor William to-day approved an invita-
copy on application to the business office. Price
tion to the International Copyright Conference
The new version of the well known farce, "In- in Berlin on October 14. It was agreed in Paris
10 cents.
A. R. STAMFORD.—Jenny Lind was born in cog," in the form of a musical comedy and in 1896 that the next copyright conference
Stockholm, Sweden, Oct. 6, 1820. Hence she called "The Three Twins," is shortly to be pro- should be held in Berlin in 1906, but this date
duced at the Whitney Opera House, Chicago, by was changed by agreement to 1908.
was known as "The Swedish Nightingale."
MARTIN ELLIS.—We do not give private ad- Onarles Dickson, an important member of the
dresses. Write him care of Jerome H. Remick, old "Incog" company, which made the farce
famous in the early eighties.
45 West 28th street, New York.
The music of "The Three Twins" is by Karl
The Biggest Song Hit of the World
ED. WINTER.—Your idea is an excellent one.
Kept in the way you suggest the music directory Hoschna and is said to be extremely catchy by
By CHAS. K. HARRIS
must be invaluable. We are glad you find it of those who have heard it. The lyrics are by Otto
44
Hauerback. Once more the great house of Wit-
so much service.
I'M STARVING FOR
R. A. STERLING.—They have not supplied us mark have captured the publishing rights.
ONE
SIGHT OF YOU"
with a list of their prices. Address the Conti-
'THE GENEE WALTZ."
Greater than "After the Ball"
nental Music Publishing Co., 1416 Broadway, and
they will give you all the information you require.
Sold by your music jobber or direct from
the publisher
The latest one to fall a victim to the Genee
We have seen the score. It is excellent.
craze is Maurice Levi, the composer of "The Soul
CHAS. K. HARRIS, 31
Maurice Levi is destined to write the music Kiss" music. M. Witmark & Sons, have just pub
for the new Flo Ziegfeld revue which is to be lished an instrumental number by Levi called
produced at the New York Theater on June 1st. "The Genee Waltz," which he has dedicated to
the popular little danseuse.
"The Man in Washington"
HOLLANDER WITH SHAPIRO.
The song hit of the day. One dealer sold
150 copies in two days. Send for sample.
In future Joe Hollander, for many years con-
nected with the Harry Von Tilzer Publishing
Co., has transferred his services to Maurice
Shapiro.
FURST & HASWELL, Williamsport, Pa.
ROBERT TELLER SONS & DORNER
Music Engravers and Printers
SEND MANUSCRIPT AND IDEA OF TITLE
FOR ESTIMATE
126 WEST I6th STREET, NEW YORK CITY
THE
to that clevtr pair Cecil Lean and Florence Hol-
brooke.
THAT "Jess" Dandy with his excruciatingly
funny song "Stung" is a vaudeville hit "emphatic
and pronounced" as Theo. Bendix would say.
THAT Jerome D. Kern is the latest one of the
T. B. Harms contingent to sail for Europe.
THAT this clever hoy is already well known
in London by his compositions.
THAT Ivan Davis, the late lamented musical
director oi 1 the Colonial Theater, Chicago, and
head of the music publishing house of that name,
never at any time arranged any of Gustav Luders'
music, as has been reported.
THAT he did some scoring for Mr. Luders, who
invariably arranges his own compositions.
THAT Louis Dreyfus is regarded as the very
best music salesman on the road.
THAT in spite of the fire on their premises,
Francis, Day & Hunter are doing a remarkable
business.
THAT "Just Someone" (M. Witmark & Sons)
and "I'm Starving for One Sight of You" (Chas.
K. Harris) are selling enormously.
MUSIC TRADE
REVIEW
45
DECISION FAVORS APOLLO CO.
BOSTON PUBLISHERS MEET
The Long Awaited Decision of the United
States Supreme Court Handed Down on Mon-
day by Justice Day.
And Hear Addresses by Isidor Wotmark,
Nathan Burkan and Others—Some New
Publications by Walter Jacobs—The White-
Smith Decision—Ditson's New Issues.
On Monday last Justice Day, of the Supreme
Court of the United States, handed down his de-
cision in the case of the White-Smith Music Pub-
lishing Co. vs. the Apollo Co., involving the ques-
tion whether copyrighted music- is protected
against reproduction on perforated paper for use
in pianolas and similar instruments, in favor of
the Apollo Co. The case originated in the United
States Circuit Court for the Southern District
of New York. It is now established that the
present copyright law does n©t afford the com-
poser of music protection against its appropria-
tion by mechanical musical appliances.
Two test cases were brought by the White-
Smith Co. to restrain the Apollo Co. from in-
fringing the copyright on two songs, "Little Cot-
ton Dolly" and "Kentucky Babe," which the
Apollo Co. without permission had adapted to
perforated paper rolls for mechanical pianos.
Various other music publishing houses and com-
THAT Leo. Feist has a new song, "The Man
posers also joined in the case to the extent of
Who Fights the Fire," which is certainly the filing briefs in support of the contention. A
most stirring thing of its kind in years.
full account of the decision will be found in
THAT "Under the Matzos Tree" (Fred Fischer another part of the paper. By a singular coin-
& Co.) is a Jewish song which has the merit of cidence our "Man on the Street" was in con-
clean comedy without a trace of offense or vul- versation with Banks M. Davison, of the White-
garity.
Smith Co., when the first news of the decision
THAT this firm deserves success if only on ac- reached Boston. Mr. Davison smiled grimly but
count of the fact that they had a good word to refused to make any statement fov publication.
say for everyone, including their business rivals.
(Special to The Ueview.,
Boston, Mass., Feb. 24, 1908.
On Thursday last the members of the Boston
Music Publishers' Association gathered at the
City Club to hold their annual meeting, Isidor
Witmark of M. Witmark & Sons and Nathan Bur-
kan, the well-known lawyer, who represents the
Music Publishers' Association in the Copyright
light being the guests of honor. G. M. Bacon,
of the White-Smith Co.; Chas. Bobzen, of the
Oliver Ditson Co., and Walter Jacobs were
present, as well as representatives from Messrs.
Schirmer and B. F. Wood Co.
At 6.30 the members of the association and
their guests sat down to dinner, which was fol-
lowed by short addresses by Mr. Witmark, who
spoke earnestly and with his usual directness on
music trade conditions, and Mr. Burkan, who
made an excellent and forceful speech on the copy-
right situation, both of which were received
with the utmost enthusiasm. Mr. Bacon also
spoke and the cordiality displayed by the mem-
bers of the association toward each other was
an object lesson to your New York's popular pub-
lishers.
Walter Jacobs ha^ just published some new
numbers which should attract considerable at-
tention among the retail trade. "Trading Smiles,"
by Don Ramsay is one of these and "Think of
the Girl Down Home," by the author of "Some
THAT our "Man on the Street,' who started on
JURY DISAGREES IN HERBERT SUIT.
Day When Dreams Come True" is likely to be
a flying trip to Boston after we had gone to press
another winner. "Pansies for Thought," the com-
Victor Herbert, the well-known musical com-
will report on conditions "Way Down East" in
panion piece to one of the best selling waltzes
poser, testified on Monday before Judge Goff and
our next issue.
in the market to-day, "The Kiss of Spring," has
a jury in Part 9 of the Supreme Court in a suit
just been issued by the same publisher and the
he has brought to recover $600 for the song,
present indications are that it will rapidly equal
"Business Is Business," paid to Daniel V. Arthur,
the popularity of the latter. It is adorned with
the manager, and Shepherd M. Edmunds, a com-
an exceedingly attractive title-page.
poser.
The news of the Supreme Court decision in the
Marie Cahill, starring in Herbert's musical
comedy, "It Happened in Nordland," sang the White-Smith case has just come to hand, and
In this column all queries relating to music and the
music trade will be gladly answered. Address Editor,
song. She, according to contract, had the right has been much commented on.
Music Publishing Department, Music Trade Review, 1
The Oliver Ditson Co. have some beautiful
Madison Avenue, New York.
to interpolate a song in each act.
numbers
in their new issues for the month
Herbert testified that he had given his check
ARTHUR ENWKIGHT.—We believe the person
which, no doubt, you have received 'ere this.
you name to be thoroughly reliable, having for $600 to Arthur for the lyric and later learned
George W. Towne, assignee of George W. Set-
known him for some years. Nevertheless we are that it was Arthur's property and not Edmunds'.
chell, the music publisher of this city, has
investigating his business and will let you know Therefore he brought suit to recover his $600,
announced that the stock at present in hand is
the result. In the meantime you can afford to claiming that he should not pay for a lyric
which the husband of the star owned. ' He said valued at $3,629.12 with retail accounts amount-
wait.
that Edmunds was to get two cents per copy for ing to $300. The liabilities are $5,900. -In a con-
F. H. GREEN, Muscatine, Iowa, and F. E. Has-
ference with the heaviest creditor an offer of
well, Williamsport, Pa.—We have sent you the the song by agreement. The jury disagreed, immediate settlement was made at 33% per cent.,
being
ten
in
favor
of
a
verdict
for
the
plaintiff
desired information.
the assignee stating that if all the creditors
E. D. STUMP.—The number "I'm Going Away" and two for the defendant. Nathan Burkan ap- agreed to the proposition they would obtain more
peared
for
Mr.
Herbert.
is published by Shapiro, 1416 Broadway.
than by having the estate liquidated.
W. F. MINDEL.—We published the number you
allude to on Nov. 30, 1907. You can procure a
THE THREE TWINS" TO BE PRODUCED.
Emperor William to-day approved an invita-
copy on application to the business office. Price
tion to the International Copyright Conference
The new version of the well known farce, "In- in Berlin on October 14. It was agreed in Paris
10 cents.
A. R. STAMFORD.—Jenny Lind was born in cog," in the form of a musical comedy and in 1896 that the next copyright conference
Stockholm, Sweden, Oct. 6, 1820. Hence she called "The Three Twins," is shortly to be pro- should be held in Berlin in 1906, but this date
duced at the Whitney Opera House, Chicago, by was changed by agreement to 1908.
was known as "The Swedish Nightingale."
MARTIN ELLIS.—We do not give private ad- Onarles Dickson, an important member of the
dresses. Write him care of Jerome H. Remick, old "Incog" company, which made the farce
famous in the early eighties.
45 West 28th street, New York.
The music of "The Three Twins" is by Karl
The Biggest Song Hit of the World
ED. WINTER.—Your idea is an excellent one.
Kept in the way you suggest the music directory Hoschna and is said to be extremely catchy by
By CHAS. K. HARRIS
must be invaluable. We are glad you find it of those who have heard it. The lyrics are by Otto
44
Hauerback. Once more the great house of Wit-
so much service.
I'M STARVING FOR
R. A. STERLING.—They have not supplied us mark have captured the publishing rights.
ONE
SIGHT OF YOU"
with a list of their prices. Address the Conti-
'THE GENEE WALTZ."
Greater than "After the Ball"
nental Music Publishing Co., 1416 Broadway, and
they will give you all the information you require.
Sold by your music jobber or direct from
the publisher
The latest one to fall a victim to the Genee
We have seen the score. It is excellent.
craze is Maurice Levi, the composer of "The Soul
CHAS. K. HARRIS, 31
Maurice Levi is destined to write the music Kiss" music. M. Witmark & Sons, have just pub
for the new Flo Ziegfeld revue which is to be lished an instrumental number by Levi called
produced at the New York Theater on June 1st. "The Genee Waltz," which he has dedicated to
the popular little danseuse.
"The Man in Washington"
HOLLANDER WITH SHAPIRO.
The song hit of the day. One dealer sold
150 copies in two days. Send for sample.
In future Joe Hollander, for many years con-
nected with the Harry Von Tilzer Publishing
Co., has transferred his services to Maurice
Shapiro.
FURST & HASWELL, Williamsport, Pa.
ROBERT TELLER SONS & DORNER
Music Engravers and Printers
SEND MANUSCRIPT AND IDEA OF TITLE
FOR ESTIMATE
126 WEST I6th STREET, NEW YORK CITY
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