Abie’s Irish Rose: One for My Copyright Students

After the very productive first two decades of the 20th century when Milton Goldsmith published at least ten books and had a play produced on Broadway, his output seemed to drop off after 1920. Although he published some puzzle books for children during the 1920s, he did not publish another novel or non-fiction book until 1930.

Milton Goldsmith, The Book of Anagrams, (Whitman Publishing Company, 1930).

The 1925 New York State census record is a bit of a mess so it’s hard to know how reliable it is. I think the enumerator was a bit confused. For example, for Milton he first wrote that he was born in Russia, as was the case for the person in the line above his entry. Then he crossed that out and correctly entered “US.” However, he left the entry that Milton was an alien, not a citizen. So can I trust the listing for Milton’s occupation as a store manager? I don’t think so.

Especially since the line below for Milton’s wife Sophie says she was in advertising and the line below that for Rosalind (spelled “Roseline” here) said “housewife” and was then crossed out and replaced with commercial artist (which she was). So I think that the enumerator had all the occupations off by a line and that Milton was still, as he had been since 1910, in advertising. And I’ve no idea why the enumerator completely crossed out Madeleine (“Madline”) and the servant living in the home.

Milton Goldsmith and family 1925 NYS census
New York State Archives; Albany, New York; State Population Census Schedules, 1925; Election District: 51; Assembly District: 09; City: New York; County: New York; Page: 30
Ancestry.com. New York, State Census, 1925

Despite these confusing entries on the census, I think it’s safe to assume that Milton was still working in advertising and that his wife and daughters were still living with him at 353 West 85th Street in New York City. Both daughters were now in their twenties. I was not able to learn much else about their lives in the 1920s; there were no news articles of interest or directory listings or other records that shed any light on how they spent that decade.

There was, however, one mention of Milton in a news story that was of particular interest to me as a former teacher of copyright law. One of my favorite cases to teach was Nichols v. Universal Pictures,1 an opinion written in 1930 by the renowned jurist, Learned Hand, of the Second Circuit Court of Appeals. The case was brought by Anne Nichols, the author and copyright owner of the play, “Abie’s Irish Rose,” which was a hit on Broadway in the 1920s.  She claimed that Universal Pictures had infringed her copyright with its movie, “The Cohens and the Kellys.”

Both works involved a story of an interfaith marriage between a Jew and a Catholic and the conflict it creates for their parents, who don’t approve of the marriage. There were a number of differences between the stories (which my copyright students better remember in detail, but aren’t relevant here), and both the trial court2 and the appellate court3 ruled in favor of the defendant movie studio, concluding that the theme of star-crossed lovers, one Jewish, one Catholic, was something in the public domain and not protected by copyright law.

How did Milton Goldsmith become entangled in this dispute? He was a witness for Universal Pictures at the trial in 1929, giving testimony about his own work, Rabbi and Priest and the play based upon it, The Little Brother. Although his testimony was not described in detail in the New York Times article that covered the trial, I imagine it was used to support the defendant’s argument that conflict between Jews and Catholics is a common theme used in many works, including Rabbi and Priest, and not original to Anne Nichols play, Abie’s Irish Rose.

“Abie” Not Unique, Professor Finds,” The New York Times, January 5, 1929.

It would have been fun to mention this family connection to the case when I was teaching, but alas—I knew nothing about my cousin Milton at the time.

Although Milton released updated versions of some of his earlier books in the 1930s and 1940s, his last new book, first published in 1930, was Old Mother Earth and Her Family, a geography book for young people.4 His daughter Rosalind did the illustrations for this book.

Milton Goldsmith, Old Mother Earth and Her Family (G. Sully & Company, Inc., 1930).

I was unable to find Milton or any of his family on the 1930 census, but I was able to find  Milton, Sophie, Rosalind and Madeleine on several ship manifests in 1930 and 1931 that showed that their home address was still 353 West 85th Street in New York City.5 I used stevemorse.org to search by that address in the 1930 census, but no members of Milton’s family were listed at that address. I wonder whether the whole family was traveling or living abroad when the 1930 census was taken.

The next decade would bring some more changes for Milton and his family.

 


  1. Nichols v. Universal Pictures, 45 F.2d 119 (2d Cir. 1930). 
  2. Nichols v. Universal Pictures, 34 F.2d 145 (S.D.N.Y. 1929) 
  3. Nichols v. Universal Pictures, 45 F.2d 119 (2d Cir. 1930). 
  4. Milton Goldsmith, Old Mother Earth and Her Family (G. Sully & Company, 1930) 
  5.  Year: 1930; Arrival: New York, New York; Microfilm Serial: T715, 1897-1957; Microfilm Roll: Roll 4663; Line: 1; Page Number: 11; Ancestry.com. New York, Passenger Lists, 1820-1957. Ancestry.com. UK, Outward Passenger Lists, 1890-1960 (Departure from Southampton, England, September 6, 1930, Lancastria).  Also, Year: 1931; Arrival: New York, New York;Microfilm Serial: T715, 1897-1957;Microfilm Roll: Roll 4903; Line: 1; Page Number: 75; Ancestry.com. New York, Passenger Lists, 1820-1957. Year: 1930; Arrival: New York, New York; Microfilm Serial: T715, 1897-1957; Microfilm Roll: Roll 4822; Line: 1; Page Number: 13. Description
    Ship or Roll Number: Roll 4822. Source Information Ancestry.com. New York, Passenger Lists, 1820-1957. 

I Could Have Been A Contender*

 

The original CBC Film Sales logo used from 191...

The original CBC Film Sales logo used from 1919 through 1924 (Photo credit: Wikipedia)

As I continued to research the descendants of my four-times-great-uncle Marx Seligman, one thing kept bothering me. I had not yet confirmed one of the facts asserted in the second handwritten tree discovered by my cousin Wolfgang.  That second handwritten tree, which had led me to Marx and his family, claimed (1) that Marx had remarried and moved to New York.  That was true about the Marx I was following—he had married Sara Koppel and moved to New York City.

The creator of that second tree also claimed that (2) Marx and Sara had had a son who (also) married a woman whose surname was Koppel (or Coppel).  That also proved to be true of the Marx I was following: his son Sigmund had married a woman named Charlotte Koppel, born in Germany (and likely related to Sigmund’s mother).

tree 2 page 8

But there was one more specific fact that the tree had mentioned that I had not yet confirmed:  (3) that the son had had a daughter who married a film agent. As I researched up to 1900, I had not yet uncovered anyone involved in the film industry who was related to Marx.  Being a big movie fan, I was disappointed not to find a connection to Hollywood.

But then I entered the 20th century in my research.  While researching the children of Sigmund Seligman as they entered adulthood, I found the answer.  According to another family tree I found on Ancestry owned by Sharon Bolton, Sigmund and Charlotte’s first child, Mary, married a man named Joseph Brandt, who was born on July 20, 1882, in Troy, New York.  I am always very reluctant to rely on anyone else’s tree, having seen so many that are unsourced and clearly carelessly done, but this one seemed very thorough and included many photographs as well as personal stories by Sigmund’s grandson, Steve. (I am now in touch with both Sharon and Steve, and they generously shared wonderful photographs and stories about Sigmund’s family.  I will post more photographs in a subsequent post.)

Sigmund Seligman and family about 1901. Standing rear: Mary, Max.  Sitting middle row: Sigmund, Albert, Leo, and Charlotte.  In front: Theresa Photo courtesy of Steve Seligman

Sigmund Seligman and family about 1901. Standing rear: Mary, Max. Sitting middle row: Sigmund, Albert, Leo, and Charlotte. In front: Theresa
Photo courtesy of Steve Seligman

According to Joseph Brandt’s record on the 1920 census, his father was born in Russia and spoke Yiddish; his mother was born in Germany.

Joseph Brandt and family 1920 census  Source Citation Year: 1920; Census Place: Manhattan Assembly District 23, New York, New York; Roll: T625_1227; Page: 38B; Enumeration District: 1506; Image: 543

Joseph Brandt and family 1920 census
Source Citation
Year: 1920; Census Place: Manhattan Assembly District 23, New York, New York; Roll: T625_1227; Page: 38B; Enumeration District: 1506; Image: 543

 

I could not find Joseph on any census before or after 1920, and I could not find anything else about his parents or family.  (Sharon also had nothing about his background on her tree.) Based on his birth date and birth place as recorded on Sharon’s family tree, the only other official records I could find for him were his 1913 passport application, his 1918 World War I draft registration card, and several ship manifests for his travels with Mary.

But his draft registration corroborated that third missing fact from the handwritten family tree.  According to his 1918 draft registration card, Joseph was then employed as an attorney and assistant treasurer for Universal Film Manufacturing Company.  Now I had evidence that the Marx Seligman I had been following was the same man discussed in the handwritten family tree: Marx’s son Sigmund had married a woman named Koppel; they had had a daughter (Mary) who married a “film agent.”

Registration State: New York; Registration County: New York; Roll: 1787086; Draft Board: 170

Registration State: New York; Registration County: New York; Roll: 1787086; Draft Board: 170

Of course, Joe Brandt was more than a film agent.  In fact, he was much, much more.  Once I saw that he was in fact involved in the film industry, I googled his name and learned more.  From Wikipedia and his obituary in the New York Times on February 23, 1939, p.28,  I learned that Joe Brandt was one of the founders and the first president of Columbia Pictures.  Joe had graduated from NYU Law School in 1906 and had worked in the advertising industry for several years before being hired in 1912 by Carl Laemmle, the founder of Universal Film Manufacturing, today known as Universal Studios.  In 1919 he and two brothers he had known at Universal,, Harry and Jack Cohn, formed their own film production company, known first as C.B.C. Film Sales (for Cohn Brandt Cohn) and later known as Columbia Pictures.

Christmas ad in The Film Daily December 1920  p 1484

Christmas ad in The Film Daily December 1920 p 1484

 

Joe sold his interest in Columbia Pictures in 1932 and then became president of two other film companies before retiring due to poor health in 1935.  Joe died at the age of 56 on February 22, 1939. Joe and Mary had had one child, a son named Jerrold Thurston Brandt, who would also enter the movie industry.

Joe Brandt obit NYTimes February 23, 1939

But why couldn’t I find out anything about Joe’s background before entering the film industry other than his birth in Troy, New York, in 1882?  From a link in the Wikipedia entry, I found this little snippet about him from a journal called Moving Picture World dated April 6, 1912:

Joe Brandt goes to Laemmle

Joe had changed his name from Brandenburg to Brandt.  There is also a reference to his name change in this article from the February 1, 1913 edition of Motography:

Motography part 1

Motography part 2

Motography part 3

Once I knew his original name, I had no trouble locating his parents and his siblings. Joseph Brandenburg was the son of Daniel and Rosa Brandenburg.  Daniel was born in 1846 in Russia, and according to the 1900 census, had arrived in the United States in 1870.   His wife Rosa was born in Prussia in 1847 and had immigrated to the US in 1865, according to the 1900 census.  Daniel and Rosa had married in 1871, and by 1880 they were living in Troy, New York, where Daniel was working as a tailor.  They had three children by that time: Albert, Lilly, and Anna.   Joseph was their youngest child, born in 1882. At some point the family must have moved to New York City because the article reprinted above from Motography states that Joe was educated in the NYC public schools.  On the 1900 census, Daniel and Rosa were living in New York City with all of their children, including Joe, who was already a lawyer, according to the census report.  Daniel was still working as a tailor.  Joe was still living with his parents as of the 1905 New York census and was still listed as a lawyer on that census record.

On October 20, 1907, Joseph Brandenburg married Mary Seligman in New York City.

New York, New York City Marriage Records, 1829-1940," database, FamilySearch (https://familysearch.org/ark:/61903/1:1:24HY-X9K : accessed 15 July 2015), Joseph Brandenburg and Mary Seligman, 20 Oct 1907; citing Marriage, Manhattan, New York, New York, United States, New York City Municipal Archives, New York; FHL microfilm .

New York, New York City Marriage Records, 1829-1940,” database, FamilySearch (https://familysearch.org/ark:/61903/1:1:24HY-X9K : accessed 15 July 2015), Joseph Brandenburg and Mary Seligman, 20 Oct 1907; citing Marriage, Manhattan, New York, New York, United States, New York City Municipal Archives, New York; FHL microfilm .

He was still using the Brandenburg surname as of 1910, when according to the census, he was working in advertising for Billboard magazine.   He and Mary were living at 3161 Broadway in NYC.  Sometime between 1910 and 1913 when he applied for a passport, Joe changed his surname to Brandt, as that is how he appears on every document thereafter.

Joseph Brandt passport application 1913 National Archives and Records Administration (NARA); Washington D.C.; NARA Series: Passport Applications, January 2, 1906 - March 31, 1925; Roll #: 194; Volume #: Roll 0194 - Certificates: 14182-15185, 07 Aug 1913-30 Aug 1913

Joe Brandt passport application 1913
National Archives and Records Administration (NARA); Washington D.C.; NARA Series: Passport Applications, January 2, 1906 – March 31, 1925; Roll #: 194; Volume #: Roll 0194 – Certificates: 14182-15185, 07 Aug 1913-30 Aug 1913

Joe Brandt’s story is another one of those remarkable American dreams come true.  The son of a Russian Jewish immigrant who worked as a tailor, Joe not only went to college and law school.  He became a major figure in the burgeoning American film industry of the early 20th century and an extremely wealthy man, according to his nephew Steve. In fact, if I hadn’t found the facts myself, I’d say it was just a Hollywood story made to perpetuate the myth of the American dream.  But it is in fact a real story.

Mary Seligman Brandt Photo courtesy of Steve Seligman

Mary Seligman Brandt, my second cousin, three times removed
Photo courtesy of Steve Seligman

Moving Picture World July-September 1913, p. 728  http://archive.org/stream/movingpicturewor17newy#page/727/mode/1up

Moving Picture World July-September 1913, p. 728 http://archive.org/stream/movingpicturewor17newy#page/727/mode/1up

 

————-

* From On the Waterfront, a Columbia Pictures film

 

The Flat: A film by Arnon Goldfinger

 

The other night we watched a fascinating movie, The Flat. It is a documentary made by Arnon Goldfinger about what he learns about his grandparents after his grandmother dies and he and his family clean out their apartment in Tel Aviv. His grandparents had lived in Berlin until 1936 when they left for Israel. Goldfinger and his family, including his mother, had almost no knowledge of the grandparents’ lives before they left Germany.

I do not want to reveal too much about what they learn because each viewer should be able to experience the revelations as they are uncovered in the course of the film. But I will say that this is a film that anyone interested in family history and the ethical dilemmas that are created when you learn something surprising and perhaps troubling about the past should watch. What is our obligation to reveal the truths we learn to those left behind, even if they were innocent of the past actions of their family members? Why do people hide from the truth? Why do some of us ask questions and seek answers whereas others prefer to avoid uncovering the past?

But this is not only a film for genealogists. It is a film for everyone who has an interest in human nature. The film addresses important questions of identity and nationality. What makes people identify with a country, a religion, a family? How do we pick our friends? How does denial play into our sense of who we are?

Finally, this is also a film about our legacy. What will our families do and think after we are gone?  When the family throws out bag after bag after bag of the treasured belongings of the grandparents, I couldn’t help but think about the way we all collect objects—clothing, books, jewelry, letters, photographs—that our descendants will toss away with barely a thought. We have to leave something else behind besides these material things—our good name, our good deeds, our stories, and our love. All else will vanish.