Indianapolis Times, Volume 47, Number 309, Indianapolis, Marion County, 5 March 1936 — Page 8

PAGE 8

MUSICIANS BATTLE TO PROTECT RIGHTS

Rudy Vallee Presents Defense of Profit Motive in Appearance Against Duffy Bill in Congress Radio Star Says Measure Would ‘Kill Goose That Lays Golden Egg'; Fred Waring Wins Suit Against Unauthorized Use of Recordings. BY RALPH NORMAN MUSIC is big business. Court battles are being waged over melodies which pour from loud speakers with no apparent effort. Congressional investigation is under way. Bills have been introduced in the Congress to clarify present copyright laws. And the American Society of Composers, Authors and T.hiblishers, officers of the National Association of Performing Artists and radio bigwigs are worrying about the future of music via radio.

Rudy Vallee appeared at Washington to testify that the Duffy bill, passed by the Senate and now before the House, if approved

would cause “grass to grow in every radio studio, and would kill the goose that lays the golden egg." Representing the Society of Composers, Authors and Publishers, Mr. Vallee said he believed the DUffy bill would permit phonograph records to

be used by radio by paying only a small fee to composers, regardless of number of times it might be played. He explained that he believed song writers, knowing they could realize little or no profit from their work, would quit writing songs, and he further stated that “radio is no better than its tunes, regardless of its guest stars.” He cited the tragic end of Stephen Foster as an example of what may happen to composers if they are unable to demand payment for their works. tt tt a In interest of dance bands, Fred Waring, president of the Association of Performing Artists, .brought suit against Philadelphia station WDAS, alleging unauthorized playing of recordings, and won. Although the defendant plans te appeal the decision, the Artists Association counsel announce, a nation-wide legal attack upon unauthorized users of phonograph records for commercial purposes. u a a Tonight's Bright Spots—Freddie Bartholomew is to be Variety Hour’s guest star, NBC-WEAF (WLW) at 7, and will play the lead in a one-act play written for him. . . . CBS (WFBM) is to air

Secretary of State Cordell Hull's Baltimore address at 7:30. Outstanding hits of bygone Thursday cv cnings are to be revived by Lanny Ross and the Show Boat crew at 8. frECWEAF (WIRE*.* ... Ed Wynn in his new “Gulliver” role

L illl

Jack Oakie

is to face the CBS (WFBMt microphone at 8:30. . . . Best sellers of all times are to be revived by Horace Heidt, CBS (WFBM) at 9. . . . Jack Oakie is to be paid for indulging in his favorite pastime, heckling Bing Crosby, when he is Music Hall guest at 9. NBCWEAF (WLW). . . Earl Browder is to discuss “The Communst Position in 1936" on CBS at 9:45. a tt a r pHE interest still Is unpaid, A Jesse Jones, Reconstruction Finance Corp. chairman, said at a Washington press conference in announcing receipt of $2 and the following letter from executives of the Fresh Air Taxicab, Incorpulated: “Dear Mr. Jones —We just received yo’ report (annual RFC financial statement) on de situation as, of an’ when Dec. 31, 1935, together wid yo’ letter which goes wid de booklet sayin’ dat you takes pleasure in sendin’ it, an’ you state dat all you guys dat done dis was mindful of de fact dat it was de taxpayers’ money. Good for you. "Yo’ p.s. askin’ for our $2 is a result to de president of our company an’ cuts de integri of de assistant prez. in half. “We has laid down a lot of financial reports ‘cause we couldn't read ’em but when we opened dis one we was afraid to pick it up. We is both big business men an’ we know' figgers and w’e has seed some figgers in our day, but we ain't never seed no figgers like you got in dat book. “Now you ask ’bout de $2 you loaned us when we repealed to you for de loan some time ago. If dat $2 will straighten out de mess you is in, take it. We is puttin’ it in dis letter. "Kindest pussonal regards from our entire organization. We is sincerely yo’s, “Amos ’n' Andy.” a a a WFBM’s broadcasting range will be doubled with its increase in power to 5000 watts in daylight hours, according to

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Music BY JAMES THRASHER CESAR FRANCK'S D Minor Symphony is to take up the major portion of a broadcast by the Minneapolis Symphony Orchestra, under Eugene Ormandy’s direction tonight at 10:35 over NBC-WEAF (WIRE) Other numbers are to be Wheaton's transcription of the Bach choral prelude, “Aus tiefer Noth,” and Wagner's “Ride of the Valkyries,” from “Die Walkuere.” The symphony, Franck’s only creation in that form, was completed in August, 1888, and first performed the following February at the Paris Conservatoire. It was played against the wishes of the orchestra and aroused a storm of protest. Passing years, however, have brought it great popularity until now it is a favored number in every major orchestra’s library. a o Tonight’s program by the Pittsburgh Symphony Orchestra, Antonio Modarelli, conductor, is the second in a series and is to feature Giovanni Martinelli, Metropolitan Opera Company tenor. The broadcast comes over NBCWJZ (WIRE) at 7. Martinelli’s songs are to include “Vesti la Giubba” from Leoncavallo’s "I Pagliacci,” in which opera he was heard during the broadcast Saturday. Other numebrs are to be D’Hardelots “Because,” one of the first English songs the soloist learned; the Italian folk song, “Santa Lucia,” and the Prelude and Siciliano from “Cavallcria Rusticana” by Mascagni. AN exposition of the symphonic poem, and examples of Brahms’ orchestral works are to be presented on Dr. Walter Damrosch’s Music Appreciation Hour at 10 tomorrow morning over NBCWJZ (WIRE). Franck’s “Le Chasseur Maudit” (The Wild Huntsman) is to illustrate the symphonic poem, and the Brahms’ selections are to include the “Academic Festival” Overture, and the third movements from the Third and Fourth Symphonies.

Rudy Vallee

Frank O. Sharp, manager. The Federal Communications Commission approved the application for increase to be effective May 1, and the change to new equipment necessary for the increased strength is to be made in April. Daylight broadcasts may be picked up in most parts of the state outside of the area near Chicago, Mr. Sharp believes, and the station will reach the southern Indiana “pocket" heretofore outside its range. The station is to continue to operate on 1000 watts at night. TYPHOID DEATH RATE HERE SHOWS DECREASE Reduced From 170 to 2 for Each 100,000 Persons, Morgan Says. The Indianapolis typhoid death rate has been reduced from 170 for each 100.000 population in 1917 to two for each 100.000 in 1935, Dr. Herman G. Morgan, Health Board Secretary, has told WPA officers and employes of the Marion County Community Sanitation Project. He spoke in the Hoosier Athletic Club last night. "The 1935 figure is the lowest in the city’s history." Dr. Morgan said. “Part of this achievement rrfust be credited to the sanitation program now being conducted w'ith Federal aid.”

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Abbreviation*: N—National BroadeastInt Co.i C—Columbia Broadeaitinc Rystem; M—Mutual Broadeaitinc Cos.: Or— Orchestra. Member stations and kilocycles of the network are: NBC-WEAF—WEAF (760). WIRE (1400), WLW (700). WTAM (1070). WMAQ (670). and WSM (6.V>). NBC-WJZ—WJZ (660). WIRE (1400). WLW (700), WENR (870), WL3 (#7O). WMAQ (670), and WSM (650). CBS-WABC—WABC (X6O), WFBM (1230), WOWO (1160). and WBBM (770). When there Is no llstlnc lor a station at quarter and hall-hours, its preceding listed program is on the air. THURSDAY P. M. A —Symphoneers (C) ** Radio Guild (Nl WJZ. While City Sleep? <Ni WEAF. WIRE. Toy Rand iMi WLW. Tea Time Tunes WFBM. 4:ls—Jack Armstrong WLW. Wilderness Road tC) WFBM. Haro:d Nagel's Or. iN) WEAF, WIRE. 4:3o—Jack Armstrong (C). Foursome iN) WEAF. WIRE, Singing Lady (Ni WJZ, WLW Bohemians WFBM. 4:4s—Goldbergs (C) WFBM. Orphan Annie <N) WJZ. WLW. Top Hatters iNi WEAF, WIRE, jr —Virginia Verrill (C). Flying Time (N) WEAF. News (N) WJZ. Johnsons WLW. News WIRE Bohemians WFBM. s:os—James Wilkinson (N) WJZ. 5; 15—School Sketches WFBM. News ol Youth (Cl. Connie Gates (N) WEAF, WIRE. Animal Close-ups iN) WJZ. Jimmie Mattern WLW. s:3o—Christian Science Program WFBM. News (C) WJZ WEAF. Pioneers WIRE Old Fashioned Girl WLW. s:3s—John B. Kennedy tN) WEAF. Frank ana Flo (Nj WJZ. George Hall's Or. (C). s;4s—lmperial Hawaiian Band (C) WFBM. Andre Carlon WIRE. Billy and Betty (N) WEAF. Lowell Thomas (N) WJZ, WLW. /? —Len Riley WFBM. D Myrt and Marge (C). Amos 'n' Andy (N) WEAF, WLW. Easy Aces (N) WJZ. WIRE. 6:ls—Recovery Speaker WFBM. Moneak Ensemble (C) (WFBM at 6:20). Popeye (N) WEAF. WIRE. Nine to Five iN) WJZ. We Bring You Loveliness WLW. 6:3o—Kate Smith (C) WFBM. Martha Mears (Ni WEAF. WIRE. Lum and Abner (N) WJZ, WLW. 6:4o—Dramatic Skit WIRE. 6:4s—News WFBM. * Boake Carter (C). Life Studies (Ni WEAF. My Hobby INI WJZ. Crown Frolics WLW. Jimmie Mattern WIRE. 7 —Harv and Esther (C) WFBM. I Rudy Vallee (N| WEAF. WLW. Pittsburgh Symphony (N) WJZ, WIRE. 7:3o—Cordell Hull (C) WFBM. Cinema Theater (Ni WJZ, WIRE. —Camel Caravan (C) WFBM. Show Boat (Ni WEAF, WIRE. Death Valley (N| WJZ, WLW. B:3o—Ed Wynn (C) WFBM. Town Meeting (N) WJZ. Listen to This (Mi WLW. 9— Horace Heidt (C) WFBM. Rhythmania Retreat WIRE. Bing Crosby N) WEAF. WLW. Town Meeting (Continued) (N) WJZ. 3:3o—March of Time (C) WFBM. Musical Moments WIRE. Russ Morgan's Or. iNi WJZ. 9:4s—Musical Moments WFBM. News WIRE. Talk (C). 9:ss—Basonology WIRE. -I A —Myrt and Marge (C) WFBM. News (N) WJZ, WLW. Speaker WEAF, WIRE. 10:05—Emil Coleman’s Or. (N) WJZ 10:15—News WFBM, WIRE. Guy Lombardo’s Or. (C). Henry Busse's Or. iN) WEAF, WIRE. Salute to El Faso WLW. 10:30—Isham Jones’ Or. (C) WFBM. Wm. Meeder (N) WEAF, WIRE Charles Dornberger's Or. (Ni WJZ. 10:35—Minneapolis Symphony (N) WEAF, WIRE. | 10:45—Anson Weeks’ Or. (M) WLW.

POWER COMPANY SUED AS RESULT OF FLOOD $25,000 Asked for Alleged Damage to Hamilton County Property. Echoes of the recent White River flood were being heard today with the filing in Superior Court of a suit asking for damages of $25,000 from the Northern Indiana Power Cos. The action was brought by Jesse R. Skinner, operator of the Lagoon Lodge at Riverwood, Hamilton County. He alleges that because the power company did not open the gates of its Riverwood dam an ice gorge was formed and about 200,000 tons of ice deposited on Mr. Skinner's property. The high water resulting from the

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LOCAL AND NETWORK DIALS

Campus to Air

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In less than a year, John Bailey, above, former Purdue University student, has become a popular dance band announcer. From Cincinnati's smart supper clubs and dance halls he introduces many of WLW’s late programs.

Best Short Waves THURSDAY TOKYO —3 p. m. Japanese tenor. JVM, Nazaki, 27.9 m. LONDON—S:2S p. m. Drama. GSD, 25.5 m. PARIS—6:IS p. m. Songs. FYA. 25.6 m. BERLIN—B:IS p. m. Orchestral concert. DJC, 49.8 m.

n— George Olsen’s Or. (C) WFBM. Shandor (Nl WJZ. WLW. Symphony (Continued) (N) WEAF, WIRE. 11:08 —Ruby Newman's Or. (N) WJZ. WLW. 11:30—Sammy Kaye’s Or. (N) WEAF. WIRE. Henry Halstead's Or. (C) WFBM. Ed Fitzpatrick's Or. (N) WJZ. Moon River WLW. —Mid—DeMarco's Or. (M) WLW. 12:15—Jack Hylton’s Or. WLW. 12:30—Phil Harris’ Or. WLW. 12:45—T0 Be Announced WLW. FRIDAY A. M. g —Nation’s Family Prayer (M) WLW. 6:ls—Sunday School Lesson WLW. 6:3o—Chuck Wagon WFBM. Organ Reveille (C). Pollock ar.d Lawnhurst (N> WEAF. Jolly Bill and Jane iN) WJZ. Rise and Shine WLW. 6:45 —Morning Devotions WIRE. Sunbeams (Nl WEAF. Yoichi Hiraoka iNi WJZ. News Flashes WLW. 7 —Ear* Birds WFBM. • Oleanders iC). News WIRE. Spareribs (N) WEAF. Morning Devotions <N) WJZ. Chandler Chats WLW. 7:ls—Ray Block (Ci. News (Ni WEAF. Tuneful Tick Tocks WIRE. Lew White (Ni WJZ. Divano Trio WLW. 7:2s—City Consumer’s Guide (C) (N) WEAF. 7:3o—Freddie Miller (C). Cheerio (Ni WEAF. WLW. 7:43—Summary of Programs (N) WJZ. 7:45 —Bluebirds (C). Landt Trio (N) WJZ. 8— Bob and Rennie ( C) WFBM. Musical Tick Tocks (Continued) WIRE. Breakfast Club <N) WJZ. Hymns of All Churches WLW. Dr. Jim (Ni WEAF. B:ls—Streamliners (Ni WEAF. Garden Talk WLW. Dear Columbia (C) WFBM. B:2o—Master Singers WLW.

ice jam also tore down three wooden bridges, ripped down 2000 feet of wire fence, uprooted 400 trees and damaged the foundations of the buildings, the complaint says. Whisky in Garage Causes Arrest Ollie Gipe, 51, is held today by police aifer they reported finding eight gallons of corn whisky in the garage in the rear of his home, 1441 W. 33rd-st. Caught a Cold ? to'VjTo help end it sooner, I rub throat and chest with VICKS ▼ Varoßub

THE INDIANAPOLIS TIMES

B:2s—Household Hints WLW. B:3o—Way Down East WLW. B:4s—Backstage Wife (Mi WLW. News WFBM. Montana Slim (C). —Hostess Counsel <C) WFBM. News iNi WEAF, WJZ. WIRE. How to Be Charming WLW. 9:os—Happy Jack iNi WEAF, WIRE. Vaughn de Leath <N i WJZ. 9:ls—Captivators (Ci WFBM Home Sweet Home iN) WEAF. WLW. Edward Mac Hugh IN) WJZ. WIRE. 9:3o—Mystery Chef iN) WEAF, Today's Children (Ni WJZ. Divano Trio WLW. Kaleidoscope WIRE 9:4s—Mountaineers (Ci WFBM. David Harum iN> WJZ. WIRE. Betty Crocker iN) WEAF. Livestock Reports WLW. 9:ss—News WLW. ■I A —Rae Eleanor Ball (Ci WFBM. Music Hour (Ni WEAF. WJZ. WIRE. WLW. 10:15 —Helen Trent iC). Front Page Drama WFBM. 10:30—Mrs. Farrell's Kitchen WFBM. Just Plain Bill iC*. Singing Neighbor WLW. 10:45 —Rich Man's Darling iC>. Broadway Cinderella (M) WLW. —Voice of Experience (C) WFBM. Martha and Hal (N) WEAF. Radioette WIRE. Simpson Boys (Nl WJZ. Barnes and Larson (N) WLW. 11:05—Martha and Hal (N) WEAF, WIRE. 11:15—Musical Reveries (Cl WFBM. Honey boy and Sassalras tNi WEAF, WIRE. Sophisticates (N) WJZ. Tom. Dick and Harry (M) WLW. 11:30—Mary Marlin (C) WFBM. Farm and Home Hour WIRE. Merry Madcaps (Ni WEAF. National Farm Hour (N) WJZ. Livestock Reports WLW. 11:45—Five Star Jones (C) WFBM. Jules Lande <N> WEAF. National Farm Hour (N) WJZ, WLW. 1 9 —Noon—Mary Baker's Album WFBM. J--J Instrumentalists (C). Farm and Home Hour (Continued) WIRE. News (N) WEAF. National Farm Hour (Continued) iN l WJZ. WLW. 12:05 —Weather, . Market Reports (N) WEAF. 12:15—Hoosier Farm Circle WFBM. Savitt Serenade (C). Concert Miniatures (N) WEAF. 12:30—Sammy Kaye's Or. (N) WEAF. Brave Lady (Nl WJZ. Reporter WIRE. Worry Clinic (Ml WLW. 12:45—Midday Meditation WFBM. Mount and Gest (C). Dot and Will (N) WJZ. Singing Spirituals WLW. Inlaws WIRE. —Between Bookends (C) WFBM. Walter Hickman WIRE. Magic of Speech (Ni WEAF. Words and Music . (Nl WJZ. Once Upon a Time WLW. I:ls—Happy Hollow (C). Insect Friends and Foes WLW. News WFBM. 1:30—School of the Air (C) WFBM. Clark Dennis (N) WJZ. Nicholas Mathay’s Or. (N) WEAF. WIRE. Agriculture WLW. 1:45 —Women’s Clubs (Nl WJZ. Current Events WLW. 9 —Bolek Musicale (C) WFBM. Home Folks WIRE. Forever Young <N) WEAF. Marine Band (Ni WJZ. Molly of the Movies (M) WLW. 2:ls—Marine Band (Nl WJZ. WIRE. Ma Perkins iNi WEAF, WLW. Talk (C) WFBM. 2:3o—Mark Warnow’s Or. (Cl WFBM. Vic and Sade (N) WEAF, WLW. 2:4s—Cub Reporters WIRE. O'Neills (N) WEAF. WLW. King's Jesters iNi WJZ. 3— Billy Mills’ Or. (C) WFBM. Woman’s Review <Ni WEAF. WIRE. Betty and Bob (N) WJZ, WLW. 3:ls—Army Band (C) WFBM. Gene Arnold (Nl WJZ. Mary Sochern WLW. 3:3o—Alice Joy (Nl WJZ. WIRE. Forever Young <N) WLW. Girl Alone (N) WEAF. 3:45 —Tea Time Tunes WFBM. Buddy Clark (C). Grandpa Burton <NI WEAF. WIRE, Strolling Songsters (Ni WJZ. News and Financial Notes WLW.

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GAS DIRECTORS SEEK SOLUTION OUTOF COURT City Continues Temporary Agreement With Private Firm. As Indianapolis Gas Cos. and Citizens Gas and Coke Utility directors resumed negotiations today on rental of the Indianapolis properties, both sides expressed hope the problem could be settled out of court. Under terms of a temporary agreement formally approved by Indianapolis Gas directors yesterday, the Citizens Gas and Coke Utility Is to pay $175,000 to Indianapolis Gas to meet bond dividend payments due April l and tax sums. Sums equal to security dividends coming due after that time are to be placed in escrow pending settlement of the lease. Since the Indianapolis Gas Cos. receives an income only from the city, its directors admitted they would be hard pressed for funds to fight a long court battle. City Also Seeks Solution City utility directors are just as anxious to keep away from involved litigation, it was said, because a suit would delay final settlement of the problem and also might delay any rate reductions. When the city took over the Citizens Gas Cos. Sept. 9, it refused to assume the lease with the Indianapolis Gas Cos., contending the rental was too great for a municipallyowned utility to carry. A standstill agreement was decided upon, and Monday the time effect, extended indefinitely. During the negotiation period, the city is to continue to operate the Indianapolis Gas properties. “This extension will assure continuous service to the 40,000 consumers on the Indianapolis Gas Cos. mains,” Arthur V. Brown, Indianapolis Gas Cos. vice president, said. “It will give us time to try for a settlement.”

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-MARCH 5, 1936