Evening star., 1940-12-21
u. ). Probes PefrilIo
As 0uterowth Of
Radio Music Fight
Antitrust Division
Making Inquiries, but
Musicians Head Is Calm
Special Dispatch to The Star.

Jimmy Petrillo, the tough little in
ternational president of the Amer
ican Federation of Musicians, it
was learned here today.
This little matter Is not calcu-
lated to make much difference to
James Caesar Petrillo, the world s
highest-paid labor leader. His $46,-
600 year tops the combined SAL
aries of John L. Lewis and William
Green) Blasted in the public prints
for many years, accused of czarism
and of splitting inflnitives, Mr.. Pc
trillo to date has never been found
guilty of anything more serious than
getting jobs at high wages for his
men.
The interest Of Thurman Arnold,
head of the Antitrust Division, in
Mr.. Petrillo, it was learned, stemmed
from the current conflict between
the broadcasting chains and the
American Society of Composers, Au-
thors and Publishers (ASCAP). The
radio chains and ASCAP locked
horns over the sum radio should paw
ASCAP members for playing their
tunes.
Petrillo Not Bothered.
Officially, the musicians union has
taken a hands-off attitude in the
radio-music writer's battle. Never
theless, the traditional position of
Jimmy Petrillo as the focal point of
all conflicts over music brought the
Justice Department in for a look at
the unions influence.
Mr.. PetrillO isn't bothered. be-
cause attacks upon him have be-
come an integral part of his build
up. The secret of his success is
probably contained in the following
summary of his relationship with
his union members:
Il don't STEAL" he says. Il get
paid damn we'll and I'm not sup
posed to steal. When I want any
thing l ask for it and the boys get
it for me. I take care of them and
they take care of me. l give them
service"
The latest incident involving
Jimmy and alarming many people
arose recently, when it was re-
ported that an Army Band concert
at Fort Dix. N. j.. had been cam
celled because of Mr. PetlIllo's
objections. There were "a hours of
high indignation about the music
czar," but the next day. Tuesday,
Mr.. Petrillo announced he had
given the three radio networks per-
mission to broadcast as many Army
Band programs as they wanted.
Knew His Ground.
In turn. Mr.. Petrillo said, the radio
networks had promised that no
studio musician would suffer as a
result of the Army concerts.
The federation never denied the
Army the right to do their stuff. but
these Fort Dix people wanted a
blanket waiver for all broadcaSts 5
and then on Friday came "a re-
quests. from the networks. to use
Army bands. and I said, Gee! Let S
keep this thing in status quo till we
find out where we're at So l got
in touch with people We're pa
triotic enough to know these things
should 60 on
The point of all this, in so far as
it describes Jimmy Petrillo, is that
he knew all the time that paragraph
l785 of Barnes Federal Code con-
tanned United States statute
passed in 1908 prohibiting Army
bands from competing with civilian
bands.
A few months ago Jimmy had an
other spat with important people
the American Guild of Musical Ar
fists, headed by Lawrence Tibbett,
Metropolitan Opera baritone. The
same pattern is found in that dis
pute. Jimmy is denounced in the
best circles with great Indignation,
but when the dust settles Jimmy gets
the decision.
PetrillO Explains.
Ml' GU LlO Captains Ailo llSlll WllIl
the guild thus:
What happened was they started
taking in accompanies. Well, that
was all right, but hell! Pretty soon
Carmen Miranda went in and took
along seven-piece rumba band
as her accompanist.'
So August Mr.. Petrillo sent the
high-brow artists an ultimatum: ::
Unless the accompanies in the
guild joined the American Fedora
ton of Musicians by Labor Day no
union musicians would be allowed to
appear with them. They're musi-
clans and they belong to me-" he
said simply.
Mr.. Tibbett and his guild then
obtained temporary injunction in
the Supreme Court of New York,
restraining Mr.. Petrillo from organ
izing the instrumentalists in the
guild Mr.. Petrillo hired an emf
nent lawyer, Samuel Seabury, and
fought the case.
AS usual. Mr.. Petrillo won. JUS
tice Aaron Steuer denied the petit
ton of Mr.. Tibbett and the guild
for a permanent injunction against
Mr.. Petrillo
PetrillO Still Unrufied.
What touched off all the litigants,
more than the facts of the case,
was a typical observation by Mr..
Petrillo during the course of the
lawsuit.
Since when is there any differ
ence." he said. between Mr.. Heifetz
playing the fiddle and the fiddle
player in a tavern?"
When the case had been decided
in his favor, Mr.. Petrillo said with
magnanimity:
I'm not mad at anybody. Tibbett
took a long chance in trying to
steal my musicians, but he didn't
get aWay with it."