Music Trade Review
Issue: 1921 Vol. 72 N. 23 - Page 52
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE
52
REVIEW
JUNE 4, 1921
CHARMING WALTZ
LONG=PENDING SUIT SETTLED
MUSIC PUBLISHERS' CONVENTION
NEWS FROM SAN FRANCISCO
Action for Royalties on "In the Sweet Bye and
Bye" Settled Out of Court Last Week
Annual Meeting of Music Publishers' Associa-
tion of the United States to Be Held at Hotel
Astor, New York, on June 14
Two New W. B. & S. Songs Going Over Strong
—Changes Among the Managers—Witmark
Numbers That Are Proving Popular at Present
After years of litigation a suit for royalties
on the hymn, "In the Sweet Bye and Bye," was
settled out of court last week, the Oliver Ditson
Co. agreeing to pay to the estate of Mrs. Joan
H. Webster the sum of $56,000.
According to the bill as originally filed, Jo-
seph Webster, the author of the hymn, signed
a contract with Lyon & Healy, of Chicago, on
June 9, 1865, by which Webster was to be given
a royalty of 3 cents on each copy of the hymn
sold. After the great Chicago fire Lyon & Healy
assigned to Oliver Ditson & Co., of Boston,
all interests in their publications, including their
interest in this hymn.
The suit was heard before a master in 1906,
who made a finding for the defendant. No court
action was taken and the case has remained on
the books ever since. Mrs. Webster was alive at
the time of the hearing before the master, but
has since died. Her son, Louis Webster, was in
court, however.
The hymn was written in the early sixties by
Joseph Webster and Dr. Samuel F. Bennett. Dr.
Bennett wrote the verse and Mr. Webster com-
posed the music on his violin.
Charley Straight and Roy Bargy's
Formal announcement has been made of the
twenty-seventh annual meeting of the Music
Publishers' Association of the United States, to
be held at the Hotel Astor, New York, on
June 14, at 11 a. m. There are a number of im-
portant matters scheduled for duscussion and it
is expected that representatives of the National
Association of Sheet Music Dealers will be pres-
ent following the convention of that body in
Chicago on June 7.
Among the matters scheduled for discussion
are the overcharging by express companies on
small packages; the discrimination against sheet
music publishers by parcel post laws covering
packages weighing four pounds or less; the new
Canadian Copyright bill; the advisability of con-
tinuing membership in the Music Industries
Chamb&r of Commerce; the return privilege on
sheet music and the subject of rental libraries.
Several addresses will be made by members of
the Association and all addresses will be limited
to ten minutes. The usual banquet will follow
the Association proceedings.
A MUSICAL "PILGRIM'S PROGRESS"
Fox-trot Ballad Success
A Tonal "Allegory," Based on Bunyan's Book
and Already Performed, Published by Ditson's
Published by
"The Shorter Pilgrim's Progress," in the rai-
ment of a "Musical Allegory," inspired, of
course, by John Bunyan's unique masterpiece,
text by Elizabeth Hodgkinson and music by
Edgar Stillman Kelley, has just been issued by
Ditson. Deviations in the text of the "Alle-
gory" from the celebrated Bunyan story take
the form of necessary deletions only to make
the work adaptable for church chorus choirs
and small choral societies. Other modifications
in the musical texture of the piece have been
made to fit the needs of the choir loft and to
facilitate the use of the organ.
The work is not strictly new, it having been
rendered in its complete form at the Musical
Festival in Cincinnati, in 1918, under the con-
ductorship of Eugene Ysaye and a noteworthy
cast of singers, and also in New York, in 1920,
under Walter Damrosch with the New York
Oratorio Society. Still another performance
was given in Chicago in 1921.
It is one of the few works in the oratorio
class lacking parts for the bass and contralto
voice. To make up for this there are two parts
apiece for soprano, tenor and baritone.
1
McKinley Music Co."- -*
Jack Mills, Inc., has accepted for publication
the song called "Angel Eyes," which is to be
released shortly. It is already heard in vaude-
ville.
SAM FRANCISCO, CAL,., May 28.—Two new Water-
son, Berlin & Snyder songs, "I'm Missin'
Mammy's Kissin' " and "Rebecca," are doing well
on the Pacific Coast. Ben Berman is in charge
of the San Francisco professional office during
the absence in the East of Mort Harris.
Herb Walker, well known in San Francisco
publishing circles, is in charge of the Fred Fisher
professional office here, having been appointed
permanent representative, and Miss Mendel has
been made manager of the local Broadway Music
Co. office.
The Witmark lullaby number, "Wyoming," is
rapidly becoming very popular throughout Cali-
fornia and Barney Hagen, professional repre-
sentative of the publishers in San Francisco, has
been successful in having listed two other num-
bers, "I Was Born in Michigan" and "Little
Crumbs of Happiness."
The Webber Music Co. has opened a new
music store at 415 Third street, Red Wing, Minn.
A SELLING HIT
FROM COAST TO COAST
DEALERS! ^ \
, f
iVsaRealHit
!
\
[
\
Order at once from your
jobber or direct \&$(Toledo Office)
VANALSTYNES-CURTIS
New York
Toledo
Chicago
THE MUSIC TRADE
52
REVIEW
JUNE 4, 1921
CHARMING WALTZ
LONG=PENDING SUIT SETTLED
MUSIC PUBLISHERS' CONVENTION
NEWS FROM SAN FRANCISCO
Action for Royalties on "In the Sweet Bye and
Bye" Settled Out of Court Last Week
Annual Meeting of Music Publishers' Associa-
tion of the United States to Be Held at Hotel
Astor, New York, on June 14
Two New W. B. & S. Songs Going Over Strong
—Changes Among the Managers—Witmark
Numbers That Are Proving Popular at Present
After years of litigation a suit for royalties
on the hymn, "In the Sweet Bye and Bye," was
settled out of court last week, the Oliver Ditson
Co. agreeing to pay to the estate of Mrs. Joan
H. Webster the sum of $56,000.
According to the bill as originally filed, Jo-
seph Webster, the author of the hymn, signed
a contract with Lyon & Healy, of Chicago, on
June 9, 1865, by which Webster was to be given
a royalty of 3 cents on each copy of the hymn
sold. After the great Chicago fire Lyon & Healy
assigned to Oliver Ditson & Co., of Boston,
all interests in their publications, including their
interest in this hymn.
The suit was heard before a master in 1906,
who made a finding for the defendant. No court
action was taken and the case has remained on
the books ever since. Mrs. Webster was alive at
the time of the hearing before the master, but
has since died. Her son, Louis Webster, was in
court, however.
The hymn was written in the early sixties by
Joseph Webster and Dr. Samuel F. Bennett. Dr.
Bennett wrote the verse and Mr. Webster com-
posed the music on his violin.
Charley Straight and Roy Bargy's
Formal announcement has been made of the
twenty-seventh annual meeting of the Music
Publishers' Association of the United States, to
be held at the Hotel Astor, New York, on
June 14, at 11 a. m. There are a number of im-
portant matters scheduled for duscussion and it
is expected that representatives of the National
Association of Sheet Music Dealers will be pres-
ent following the convention of that body in
Chicago on June 7.
Among the matters scheduled for discussion
are the overcharging by express companies on
small packages; the discrimination against sheet
music publishers by parcel post laws covering
packages weighing four pounds or less; the new
Canadian Copyright bill; the advisability of con-
tinuing membership in the Music Industries
Chamb&r of Commerce; the return privilege on
sheet music and the subject of rental libraries.
Several addresses will be made by members of
the Association and all addresses will be limited
to ten minutes. The usual banquet will follow
the Association proceedings.
A MUSICAL "PILGRIM'S PROGRESS"
Fox-trot Ballad Success
A Tonal "Allegory," Based on Bunyan's Book
and Already Performed, Published by Ditson's
Published by
"The Shorter Pilgrim's Progress," in the rai-
ment of a "Musical Allegory," inspired, of
course, by John Bunyan's unique masterpiece,
text by Elizabeth Hodgkinson and music by
Edgar Stillman Kelley, has just been issued by
Ditson. Deviations in the text of the "Alle-
gory" from the celebrated Bunyan story take
the form of necessary deletions only to make
the work adaptable for church chorus choirs
and small choral societies. Other modifications
in the musical texture of the piece have been
made to fit the needs of the choir loft and to
facilitate the use of the organ.
The work is not strictly new, it having been
rendered in its complete form at the Musical
Festival in Cincinnati, in 1918, under the con-
ductorship of Eugene Ysaye and a noteworthy
cast of singers, and also in New York, in 1920,
under Walter Damrosch with the New York
Oratorio Society. Still another performance
was given in Chicago in 1921.
It is one of the few works in the oratorio
class lacking parts for the bass and contralto
voice. To make up for this there are two parts
apiece for soprano, tenor and baritone.
1
McKinley Music Co."- -*
Jack Mills, Inc., has accepted for publication
the song called "Angel Eyes," which is to be
released shortly. It is already heard in vaude-
ville.
SAM FRANCISCO, CAL,., May 28.—Two new Water-
son, Berlin & Snyder songs, "I'm Missin'
Mammy's Kissin' " and "Rebecca," are doing well
on the Pacific Coast. Ben Berman is in charge
of the San Francisco professional office during
the absence in the East of Mort Harris.
Herb Walker, well known in San Francisco
publishing circles, is in charge of the Fred Fisher
professional office here, having been appointed
permanent representative, and Miss Mendel has
been made manager of the local Broadway Music
Co. office.
The Witmark lullaby number, "Wyoming," is
rapidly becoming very popular throughout Cali-
fornia and Barney Hagen, professional repre-
sentative of the publishers in San Francisco, has
been successful in having listed two other num-
bers, "I Was Born in Michigan" and "Little
Crumbs of Happiness."
The Webber Music Co. has opened a new
music store at 415 Third street, Red Wing, Minn.
A SELLING HIT
FROM COAST TO COAST
DEALERS! ^ \
, f
iVsaRealHit
!
\
[
\
Order at once from your
jobber or direct \&$(Toledo Office)
VANALSTYNES-CURTIS
New York
Toledo
Chicago
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