King Jazz
King Jazz - Frank Graves
Albany-born Frank Graves led a popular jazz band in the 1920s and early 1930s. He called himself "King Jazz". The Orchestra took on various names over the years.
While the King Jazz group falls outside of this site's 35-45 period of study, we include the group for a couple of reasons.
First, King Jazz was arguably the most prominent orchestra during this early period. They made frequent radio appearances, especially on WOKO. They performed in many venues in the area, specifically the Odd Fellows Hall on Beaver Street in Albany, and at Mid-City Park in Menands.
Second, band members in Graves' Orchestra went on to play significant roles in the area during the Swing Era In a sense, the band was a springboard for talent that propelled the Era.
Some of the King Jazz band members included:
Mike Pantone, who formed his own band in the early 1930s and played multiple venues until his death in 1942.
Pete Emma, who left the orchestra and formed his own band.
Shields Bruce went on to play in the Francis Murphy Orchestra. He also played in Gordie Randall's WGY Orchestra.
Pat Rielly, singer, became the Studio Manager at WOKO. He also sang and played the piano over the airwaves. Reilly used the name Johnny Lee at WOKO. Both names - Rieilly and Lee - were stage names. He real name was John Zwink.
Finally, Frank Graves got into an infamous spat with none other than Paul Whiteman, the nationally renown big band leader, over the rights to use the "King Jazz" name. Graves contended that HE WAS KING JAZZ, not Whiteman. Bill Schilling spent some time in the County Courthouse reading the transcripts of the court actions. He added some additional sources of research and wrote a timeline of the Whiteman-Graves dispute. Here it is:
King Of Jazz Controversy: Frank E. Graves v Paul Whiteman by Bill Schilling.
· 1915 – Frank E. Graves claims that the name “King Jazz” was applied to him in the Albany area and he adopted it using it in such forms as “King Jazz”, “King Jazz and his Orchestras”, “King of Jazz and his Orchestras” and “King Jazz Himself and his Orchestras.” (263 NYS 592)
· Throughout the 1920’s Paul Whiteman becomes increasingly popular on a national level for introducing elements of jazz into the performance of his orchestra, particularly after the premier of George Gershwin’s “Rhapsody in Blue” performed in concert, as opposed to in a nightclub, by Whiteman’s orchestra Feb. 12, 1924 at NYC’s Aeolian Hall with Gershwin playing piano. (DeLong. Pops: Paul Whiteman, King of Jazz. 1983)
· 1924 – Frank E. Graves incorporates his orchestra in NYS as “King Jazz and his Orchestras, Inc.” (263 NYS 592)
· May 2, 1930 – Universal Pictures’ film, “The King of Jazz” (also referred to as “Paul Whiteman and his Band in King of Jazz”), opens at NYC’s Roxy Theater. Conceived as a semi-biographical film it ends up instead being more of a musical revue. The film firmly establishes Whiteman’s reputation as the King of Jazz to national and international audiences. (DeLong. Pops: Paul Whiteman, King of Jazz. 1983)
· July 11, 1930 – The Albany Evening News reports (page B1) that Frank E. Graves obtained an order that day from Justice McNamee of the NYS Supreme Court, Third Department (at his summer home in Queechy Lake), against Universal Film Exchanges, Inc. to show cause why a permanent injunction prohibiting the exhibition of the film “Paul Whiteman and his Band in King of Jazz” under its present name should not be granted. Graves claims he has sole rights to the use of the title King of Jazz.
· August 7, 1930 – The Times Union reports (page B1) that the controversy between Frank E. Graves and Universal Pictures over the film “The King of Jazz” has been settled in NYC after many meetings between lawyers. The showing of the picture can go on. Mr. Graves announced that the matter of the use of the term King of Jazz by Mr. Whiteman was still in litigation.
· July 16, 1932 – the Kingston Daily Freeman reports (page 1+) that on Friday, July 15th Graves moved before NYS Supreme Court Justice John T. Loughran in Kingston for a temporary injunction against Paul Whiteman using the term King of Jazz pending a trial for a permanent injunction. The judge reserved decision and gave counsel until August 1st to file additional affidavits.
· Dec. 27, 1932 – the Kingston Daily Freeman reports (page 1+) NYS Supreme Court Justice John T. Loughran in Kingston denied Frank E. Graves’ application for a temporary injunction restraining Paul Whiteman from using the term “King of Jazz.” The temporary injunction was sought pending the trial of an action brought by Graves in Albany County Supreme Court to permanently restrain Whiteman from using the term and to recover $75,000 in damages for lost work by Graves resulting from confusion over Whiteman’s use of the term.
· March 1, 1933 – 263 NYS 592 – NYS Supreme Court, Albany County Justice Gilbert V. Schenk denies a motion by defendant Whiteman to dismiss Graves complaint in Graves et al. v Whiteman.
· August 7, 1933 – Times Union reports (p.3) that an order of discontinuance was signed today by Justice Gilbert V. Schenk dropping Graves’s suit against Whiteman. The suit was settled for an undisclosed amount of money.
· Jan. 8, 1934 – Saratogian , dateline New York, reports (p. 7) that Paul Whiteman has filed in NYS Supreme Court, Justice Richard P. Lydon, for a temporary injunction pending trial against Frank E. Graves for advertising that Graves had bested Whiteman in a lawsuit over the use of the title “King of Jazz.” Whiteman states that in settling that lawsuit he stated clearly that he was not conceding any of the points Graves had made in the suit.
· June 6, 1934 – New York Times reports (p. 24) that yesterday NYS Supreme Court Justice Alfred Frankenthaler had granted Whiteman an injunction and damages of $10,056 against Frank E. Graves. Whiteman had sued Graves to stop advertising that Whiteman, in settling a lawsuit, had conceded to Graves the rights to the title “King of Jazz.”
· During the rest of 1934 a number of items in the Times Union indicate that Graves’ life was falling on hard times. In October he was arrested for abandoning his young son in Boston; he took out a personal ad stating that he was no longer responsible for his wife’s debts; a property he owned was listed in a city tax auction; and in December a small judgment against him was listed in the legal notices.
Finally, to read more about King Jazz, go to this local blog entry.