Earl K. Smith (1886 - 1954) was a distinguished American composer hailing from Greenfield, Indiana. A skilled pianist, Smith began his musical journey performing in local venues, including the Gant Opera House (now known as the Wooden Bear on North Street) and the Why Not Theater (currently the Patriot Insurance Building on American Legion Place). His early experiences in Greenfield laid the foundation for a successful career that would take him to Chicago, where he became a prolific composer of numerous popular songs during the "Tin Pan Alley" era. Among his notable works are "O'er the Billowy Sea" and "You Have a Wonderful Way of Doing What You Do." Eventually, Smith relocated to Los Angeles, where he contributed compositions for various film studios. He is interred at Forest Lawn Cemetery.
The Controversy Surrounding "Down by the Old Mill Stream"
The song "Down by the Old Mill Stream" has been the subject of contention, with claims from two composers, both named Hancock—one from Indiana and the other from Ohio. Earl K. Smith, the Indiana native, reportedly drew inspiration from a visit to the Ira Bailey Mill along the Big Blue River in Freeport, just south of Hancock County. Conversely, Tell Taylor, the Ohio composer from Findlay, claimed that a fishing trip to the Blanchard River inspired him, despite the fact that there was no mill at that location; Taylor later indicated that he was inspired by the Missmore mill located a couple of miles upstream.
The facts are established in the sheet music, which bears a copyright date of 1908 and lists both Earl Smith and Tell Taylor as co-composers. In a letter from 1940, now housed at the Hancock Historical Center in Ohio, Smith stated that neither he nor Taylor was near either river at the time of writing. Instead, both were in Chicago, with Smith working for Taylor's music publishing company. According to Smith, he composed the chorus and titled the song, while Taylor contributed the verses. However, as the publisher, Taylor subsequently omitted Smith's name from later editions, resulting in Smith receiving no royalties. This narrative is further supported by a 1955 newspaper article by Dale Spencer, which noted Smith's financial struggles leading him to relinquish his rights to Taylor. At the time of the song's creation, Smith was employed as a pianist at a Greenfield movie theater, a position that afforded him little financial security.
The "Tin Pan Alley" era was notorious for exploitation within the music industry, with publishers frequently claiming co-composer status for works they did not create. The lack of regulation during this period allowed for such practices to flourish until the establishment of the American Society of Composers, Authors, and Publishers (ASCAP) in 1914, which advocated for oversight.
Following Taylor's death in 1937, the copyright for "Down by the Old Mill Stream" was set to expire. As a co-composer, Smith filed for a renewal, which was granted, leading to Jerry Vogel Music, an advocate for composer rights, to begin publishing the song with credits for both Smith and Taylor. This prompted a lawsuit from Forester Publishing, the previous rights holder.
A trial in 1944 revealed conflicting evidence regarding the song’s authorship. Although the original sheet music in the copyright office supported Smith's claim, the judge barred him from testifying about his conversations with Taylor under the 'dead man statute.' Ultimately, the court ruled that Smith had delayed too long in asserting his claim, favoring Forester Publishing. An appeal was unsuccessful, and the Supreme Court declined to hear the case.
Today, many music experts concur that both Earl K. Smith and Tell Taylor should share credit for composing "Down by the Old Mill Stream." Further evidence includes the Findlay Courier's acquisition of a "sequel" piece, "Down Where the Old Mill Stream Flows," by Taylor in 1937. Additionally, the Hancock Historical Center unearthed an earlier version of the song published in 1914 by the Tell Taylor Publishing Company, again listing both Taylor and Earl K. Smith as composers.
