As TIME reported in 1934, while the case was still ongoing, the producer of As Thousands Cheer was sued for plagiarism, to the tune of $250 in payment per performance. Though the rest of the show featured music by Berlin, that scene relied on the birthday song, without the “Good Morning” verse. during which, as the Great Depression continued in the real world, his children gave him Rockefeller Center as a token of their affection.
One of the comedy sketches in the show was set at a birthday party for John D.
Years later, after Hill had become a recognized expert in childhood education stationed at Columbia in New York City, a new Irving Berlin musical revue called As Thousands Cheer opened on Broadway. The verse about birthdays was added after the fact, and it spread even faster. When Mildred wrote a little tune and Patty put some child-friendly words with it-”Good morning, dear children / Good morning to all”-it was loved by the students, who helped it spread to schoolrooms throughout Kentucky and beyond. Patty Smith Hill was a kindergarten teacher with a musically inclined sister, Mildred. The saga began back in 1893, in Louisville, Ky. Though the lawsuit’s results have yet to be determined, this won’t be the first time the song’s fate has been changed by a lawsuit.
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