Classic Mode

Music Trade Review

Issue: 1881 Vol. 5 N. 5

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
October 5th, 1881.
57
THE MUSICAL CRITIC AND TRADE REVIEW.
DOMESTIC
YOL. Y.
-AJSTD F O R E I G N
NEW YORK, OCTOBER 5TH, 1881.
TRADE.
No.
The man who does not advertise has it known or used by others before his invention there-
of, and which at the time of his said application had
done tor him finally under the head of not been in public use or on sale with his consent or
INCE our last issue the period of hope for the
allowance contrary to the requisitions of law in
President came to an untimely end by his " failures in business."
that behalf; and that thereupon, after due proceed-
decease at Elberon on Monday, Sep. 19th, and
ings in all respects according to the statutes in such
there has never been an occasion, not even on the
case made and provided, letters-patent of the United
death of the lamented Lincoln, when our cities
States, numbered 81,306, dated ihe 18th day of
WAR! WAR!
August, in the year 1868, signed by the Secretary of
were more profusely hung with mourning em-
the Interior and countersigned by the Commissioner
blems, wherein the music trade of New York city
of Patents, were issued under the seal of the Patent
and Boston took a prominent part, the drapery
PATENT SUITS INAUGURATED.
Office and delivered unto your orator, the said
on Steinway Hall and the Smith American Organ
Christian F. Theodore Steinway, therein named
Company's building being particularly noticeable
Steinway, whereby were granted to him,
MESSRS. STEINWAY & SONS, AND MESSRS. STECK & Theodore
for good taste and effectiveness.
his executors, administrators or assigns, for the
The circumstances which mainly appeal to the Co. TAKING A DECIDED STAND.—POSITION OF term of seventeen years, from the said date thereof,
feelings of his fellow citizens in President Garfleld's THE EMERSON PIANO CO. AND OTHER BOSTON the full and exclusive right and liberty of making,
using and vending to others to be used, the said im-
case, are the want of provocation displayed by the MAKERS IN THE MATTER.
provement, of which a description was given in the
wretch who fired the fatal shot, and the long and
heroically-borne sufferings which that shot entail- r I iHE Emerson Piano Company, of Boston, have copy of the specification thereto annexed.
ed. There is also the consideration that Garfield JL been sued by Messrs. Steinway &Sons, of New That afterward, and before the 26th day of Octo-
had led a life- of hard work and struggle, had York city, for an infringement of their patent ber, in the year 1877, by virtue of certain instru-
mounted one round of the ladder of politics after upright action, and by Messrs. Geo. Steck & Co. ments of assignment in writing, and duly recorded
another, when just as he had reached the topmost for an infringement of their patent iron frame. in the Patent Office, the said invention and letters-
became vested in your orators, the said
round, the goal of all his aspirations, and was about Messrs. Steinway & Sons have heretofore brought patent
Christian F. Theodore Steinway and William Stein-
to show the country how the important office of suits against Albert Weber and J. P. Hale for way,
as the legal owners thereof.
Chief Magistrate should be worthily filled, making similar infringements of their upright action
fame for himself and good government for his coun- patent, which suits were settled in the case of the That afterward, on or about the 26th day of Octo-
try, the pistol of the assassin was fired and Garfield former by his death and the consequent necessity ber, in the year 1877, your orators having found the
to be inoperative by reason of a
deprived of his opportunity and his reward. He of a new suit, and in the case of the latter by an said letters-patent
specification, made application in due form
had. been too short a time in office for a well-mark- amicable adjustment. An amicable settlement has defective
of
law
to
the
Commissioner
of Patents for a reissue
ed policy to be defined, and although the people also been made in this matter between Messrs. of the same to correct errors
which had arisen by
throughout the country had great confidence in Steinway & Sons and Henry F. Miller, of Boston. inadvertence, accident or mistake, and without any
his ability to reform abuses in the government, he
fraudulent or deceptive intention, and that upon due
had not time to do more than gather his lieuten- On this occasion the case seems likely to come proceedings being had in conformity of the require-
to
a
judicial
decision
as
Messrs.
Steinway
&
Sons
ments of the statutes in such case made and provid-
ants around him and lay out his work.
declare their intention to prosecute it vigorously
the said letters-patent were surrendered and new
Although, as we have said, he was defrauded of and The Emerson Piano Company state that they ed,
letters-patent of the United States, numbered 7,950,
his opportunity, and "upon his life a damned intend to really defend the case and not to make a of reissues dated the 13th day of November, in the
defeat was made," and although he suffered for settlement unless the case goes against them, the year 1877, signed by the Secretary of the Interior and
many weary weeks before he died, yet his protract- chief point in their defence being, we believe, countersigned by the Commissioner of Patents, were
ed illness and death had this use, if nothing priority of invention, claiming the use in German issued under the seal of the Patent Office and deliv-
more ; his long suffering was a course of prepara- factories of the upright action before the date of ered unto your orators for the same invention, in
accordance with the corrected specification ; whereby
tion in men's minds for the shock of his death, the Steinway patent.
which, coming as it did, caused no shock to the Mr. Geo. W. Carter, of the Emerson Company, was granted to them, their heirs or assigns, for the
unexpired residue of the term of the original letters-
commercial prosperity of his country, whereas, had
to our Boston reporter recently: " Even if the patent aforesaid, No. 81,306, the exclusive right to
it taken place on the day of the assassination, it said
case
is
decided
against
us
we
will
benefit
to
a
cer-
make, use and vend the said invention throughout
might have resulted in serious evil to the community. tain extent by the publicity given to our instru- the
United States and the Territories thereof.
His death has served another purpose; it has (and ments, and also the acknowledgment by Steinway That afterward, on or about the 21st day of Octo-
it seems, from the talk which we often hear from & Sons in their complaint that the sale of the ber, in the year 1879, your orators having found the
men, to have been needed), furnished a final and Emerson Piano has interfered with the sale of said letters-patent, reissue No. 7,950, to be inoper-
convincing proof to the people of these United the Steinway Piano. The Messrs. Steinway place ative by reason of a defective specification, made
States, and to those of other countries, of the sta our piano on a higher level than even we ourselves application in due form of law to the Commissioner
bility of a republican form of government like have claimed for it."
of Patents for a reissue of thesame to correct errors^
ours. After this what further test is needed ? We Messrs. Steinway & Sons state that they do not which had arisen by inadvertence, accident or mis-
have been tested by the most tremendous civil care to try the case in the newspapers, but have the take, and without any fraudulent or deceptive inten-
war that ever raged in any country ; we have had utmost confidence in their cause, and have no tion ; and that upon due proceedings being had in
one President assassinated at the close of a great doubt of the way in which it will be ultimately conformity to the requirements of the statutes in-
such case made and provided, the said letters-patent,
war when the passions of men were still turbulent decided.
reissue No. 7,950, were surrendered and new letters-
from the conflict, and now we have gone through
of the United States, numbered 9,012, of
the ordeal of a second assassination. The country THE COMPLAINT IN THE EMERSON PIANO CO. CASE. patent
reissues dated the 30th day of December, in the year
passed through the war without a rent remaining The following is a copy of the complaint which 1879, signed by the Secretary of the Interior and
in its flag ; it lost Lincoln at the close of the war
by the Commissioner of Patents, were
been served upon the Emerson Piano Co., of countersigned
without a shock to the government, and now that has
issued under the seal of the Patent Office and deliv-
Boston,
by
Messrs.
Steinway
&
Sons
:—
ered unto your orators for the same invention, in ac-
Garfield is at rest, Arthur takes his seat without
cordance with the corrected specification, whereby
a murmur being heard. Truly our sadness has
CIRCUIT COURT OF THE UNITED STATES.
was granted to them, their heirs or assigns, for the
no tinge of fear here '' not Amurath to Amurath
District of Massachusetts.
unexpired residue of the term of the original letters-
succeeds; but Harry, Harry."
In Equity.
patent aforesaid, No. 81,306, the exclusive right to
The prominent traits of President Garfield were
C. F. T. STEINWAY et al.
make, use and vend the said invention throughout
the United States and the Territories thereof.
v.
simplicity and force of character, these are what
GEORGE W. CARTER et al
carried him up from the lowest position in the
All of which will more fully appear by the said
land to the highest; and at a time when wealth is To the Honorable the Judges of the I) Circuit Court letters-patent, reissue No. 9,012, or by a copy of the
accumulating, and men are decaying, he should be of the United States within and for the District of same duly certified from the records of the Patent
an example to the young men of our cities, (who Massachusetts :
Office, and in this Court to be produced as your
are too often gilded youth without an object), and Christian F. Theodore Steiuwayand "William Stein- Honor may direct.
way,
both
of
the
city,
county
and
State
of
New
York,
That the invention aforesaid set forth in the cor-
serve to put some purpose in their lives.
citizens thereof, bring this their bill of com- rected specification of the amended letters-patent,
We cannot help believing that for him who so and
plaint
against
George
W.
Carter,
Patrick
H.
Powers,
reissue
No. 9,012, has hitherto been and still is of
untimely died, with so much work that he was Orrin A. Kimball and Joseph Gramer, all of Boston, very great
value and importance; that your orator,
fitted to do, undone, there must be an opportunity in the said District of Massachusetts, doing business the said Christian
F. Theodore Steinway, has always
offered in some other sphere of existence hereafter therein as co-partners under the name of the Emerson been and still continues
to be widely and publicly
to complete it. In the words of one of the greatest Piano Company.
known and acknowledged to be the original and
of poets,
first inventor thereof; thatsince its promulgation by
And thereupon your orators complain and say :
That before the 18th day of August, in the year the issue of the said original letters-patent it has
He is gone who seemed so great;
1868, your orator, the said Christian F. Theodore been extensively employed by your orators and their
Gone, but nothing can bereave him
Steinway, beine: the original and first inventor of a licensees, doing business under the well-known name
Of the force he made his own
certain new and useful improvement in pianofortes, of Steinway & Sons; that many thousand piano-
Being here; and we believe him,
made application in due form of law to the Commis- fortes, embracing and embodying the said invention,
Something far advanced in state,
sioner of Patents of the United States for the grant hive been manulactured, sold and introduced into
And that he wears a truer crown
letters-patent securing to him the exclusive prop- public use by your orators and their said licensees;
Than aught that human hands could weave him. of
erty in the said improvement, which had not been that such pianofortes have, by reason of the said in-
PRESIDENT GARFIELD.
S
1
58
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSICAL CRITIC AND TRADE REVIEW.
October 5th, 1881.
vention, become very popular and in great demand; THE SPECIFICATION AND CLAIMS OF THE STEINWAY same time, by the flanges, the stiffness and strength
that ever since the said original letters-patent, No.
of the traverses are materially increased. Instead of
PATENT.
81,306, became vested in your orators as aforesaid,
making the traverses with flanges, b, however they
The following is a correct copy of the specifica- may be made with suitable grooves, or with ribs or
they have been and still are entitled to the exclusive
possession, exercise and control of the said inven- tions and claims of the Messrs. Steinway in the indentations, so as to give a firm hold to the parts
tion ; that the practice and employment of the same matter of the action-frame for upright pianos. It fastened thereto.
has been and continues to be of very great advan- should be understood that wherever the word
" The traverses are fastened in their position by
tage and profit to them, and that they would have " traverses " occurs, it may also be read " rails." intermediate plates C, which are interposed between
derived and received still further and greater bene-
the hangers or standards A, at convenient distances
fits therefrom but for the wrongful acts of the de- " To all whom it may concern:
apart.
" Be it known that I, C. F. Theodore Steinway, of
fendants, as hereinafter charged.
" By the use of my metallic action-frame the chief
the
city,
county
and
State
of
New
York,
have
Invent-
causes of derangement inherent to the action par-
That the defendants, well knowing the premises,
ed
a
new
and
useful
Improvement
in
Pianofortes,
ticularly of upriuht pianofortes, as heretofore con-
but designing and contriving to injure your orators,
and to deprive them of the benefits, profits and ad- which improvement is fully set forth in the follow- structed, are successfully removed.
vantages arising and accruing from the exclusive ing specification, reference being had to the accom-
" Usually the several parts of the action are screw-
possession, exercise and control of the invention pany ing drawing, in which is represented a transverse ed and fastened to a wooden rail from two to three
aforesaid, to which your orators have been and are section of this invention as applied to an upright inches wide, and these rails being liable to expansion
justly and lawfully entitled, have, without the con- pianoforte.
and contraction through moist and dry atmosphere,
"This invention consists in the combination, with throw the parts of the action out of their proper posi-
sent and against the will and protest of your orators,
at Boston, in the District of Massachusetts, and else- a pianoforte action, of a metallic frame composed of tion. Furthermore, said rails are generally fastened
where within the United States, since the 30th day hangers or standards, and of metallic transverses to wooden checks or frame pieces, constituting to-
of December, in the year 1^*79, unlawfully and wrong- which are secured to or in said hangers or standards, gether the so-called action-frame, and this frame is
fully made, used and sold, and caused to be made, and which form the supports for the hammers, jacks, again fastened to either the key-frame or to the
ueed and sold, a large number of pianofortes, each and other parts constituting the mechanism of the sides or walls of the instrument, thus creating a
of which embraced and embodied in the construction action ; further, in the combination, with the action liability of derangement as well in the several parts
and mode of operation the invention and improve- of an upright pianoforte, and with the wrest-plank of the action as in the position of the hammers to
ment, or substantial and material parts thereof, set thereof, of hangers secured directly to said wrest- the strings.
forth and claimed in the said letters-patent, reissue plank, and connected together by traverses which
" I n applying my metallic action-frame to an up-
No. 9,012, and still continue so to do, in violation support the various parts of the action so that the right pianoforte, I secure the hangers A, directly to
and infringement of your orators exclusive rights in derangement of the action due to the expansion and the wrest plank by means of screws F, which are
the premises ; but what number of such pianofortes contraction of the wooden frame generally used for fitted into suitable eyes of the hangers, and are
the defendants have so made, used or sold, your supporting the action is avoided, and a firm and un- clamped thereto by jam-nuts o. The outer ends of
orators are ignorant, and pray that the defendants changeable support for the several parts constitut- said screws are made square, or of such shape that
ing the mechanism for the action is obtained ; also, they provide a hold for a wrench or key, and by re-
be required to disclose the same.
the combination, in an action-frame, of metallic leasing the jam-nuts and turning the screws F, the
That the defendants have been and still are deriv- in
or standards with flanged metallic rods or action-frame can be adjusted closer to or farther
ing and receiving great gains and profits from their hangers
tubes filled with wood, and forming traverses from the wrest-plank and the position of the ham-
manufacture, use and sale of pianofortes construct- flanged
connecting the hangers or standards, so that a firm mer in relation to the strings can be accurately ad-
ed as aforesaid, and from the embodiment and em- and
unchangeable connection of said hangers or justed.
ployment therein of the invention and improvement standards,
and also a convenient and safe support
described and claimed in the said letters patent, re- for the various
The endsp, of the hammers opposite the screws
constituting the mechanism of F, " are
issue, No. 9,012, and ha\e thereby greatly damaged the action, are parts
made segmental or spherical, and they are
obtained; further, in the combina- intended
and injured your orators and prevented them from tion, in a metallic
to fit into cups or grooves in heads or
action-frame
for
pianofortes,
of
acquiring and deprived them of receiving the intermediate braces with the hangers or standards, screws rising from the main frame of the pianoforte,
gains and profits to which your orators have been
that when the screws F are screwed in or out said
with the traverses composing said action-frame, so
and are legally and equitably entitled by virtue of and
segmental or spherical ends will roll in their steps
so
that
the
various
traverses
are
united
and
made
the exclusive rights granted and secured to them as
support each other mutually, and that the strength and retain their position.
aforesaid, and which they would have acquired and to
of
the frame is materially increased; also, in the
received but for the said wrongful acts of the defend- combination,
THE ORIGINAL CLAIMS.
in a metallic action-frame, of an ad-
ants.
justing-screw with each of the hangers or standards
"What
I
claim
as new and desire to secure by
To the end, therefore, that the defendants may, if of the action-frame, so that by means of said screws
Patent, is :
they can, show why your orators should not have the position of the hammer in relation to the strings Letters
" 1 . The combination, with a pianoforte action, of
the relief herein prayed, and may under oath and can be regulated with the greatest nicety; further, a metallic
frame composed of hangers or standards,
according to the best and utmost of their knowledge, in the combination, in a metallic action-frame, of and of metallic
which are secured to or in
remembrance, information and belief, full, true, di- rounded segments or spheres at the ends of the said .bangers or traverses
standards, and which form the sup-
rect and perfect answer make to the matter herein- hangers, with adjusting-screws acting on said hang- ports for the parts
constituting
the mechanism of
before stated and charged, and that the defendants ers so that while the hangers are being adjusted by the action, substantially as herein
shown and de-
may be decreed to account for and pay over to your the screws their ends can roll in their steps.
scribed.
orators all such gains and profits as have and
" 2. The combination, with the action of an upright
shall have accrued to them from the said unlawful
pianoforte, and with the wrest-plank thereof, of
manufacture, sale or use of the invention and im-
hangers secured directly to the wrest-p'ank, and
provement, or any substantial and material part
connected together by traverses, which support the
thereof, set forth and claimed in the letters-patent
various parts composing the action, substantially as
aforesaid, reissue No. 9,012; and that in addition to
and for the purpose set forth.
the said profits to be so accounted for, the defen-
" 3 . The combination in an action-frame for piano-
dants may also be decreed to pay to your orators the
fortes, of metallic hangers or standards, with flang-
damages which they have and will have sustained
ed metallic rods or flanged tubes filled with wood,
by reason of the said violation and infringement
and forming traverses connecting the hangers or
of their exclusive rights aforesaid, and which this
standards,
substantially as and for the purpose de-
Honorable Court may assess or cause to be assessed,
scribed.
together with such increase thereof as your Honor
"4. The combination in a metallic action-frame
may see fit to adjuge.
for pianofortes, of intermediate braces with the
And that the defendants, their attorneys, agents,
hangers or standards, substantially as and for the
workmen and servants may be perpetually enjoined
purpose described.
and restrained by the decree of this Honorable
"5. The combination in a metallic action-frame
Court from directly or indirectly making, using or
for pianofortes, of an adjusting screw with each of
selling any pianofortes or mechanism whatsoever
the hangers or standards of the action-frame, sub-
embracing or embodying the invention and improve-
stantially as and for the purpose set forth.
ment, or any substantial and material part thereof,
"6. The combination in a metallic action-frame
set forth find claimed in the letters-patent aforesaid,
for upright pianofoites, of rounded segments or
reissue No. 9,012, and that the defendants may be
spheres
at the ends of the hangers, with adjusting-
further decreed to pay the costs of this suit, and
screws acting on said hangers, substantially as and
that your orators may have such other relief as the
for the purpose described."
equity of this ca,se may require, and as your Honor
In testimony that I claim the foregoing, I have
may deem to be just and right.
hereunto set my hand and seal this 19th day of Oc-
May it please your Honor to grant unto your
tober, 1877.
orators not only a writ of injunction conformable to
Witnesses :
C. F. THEODORE STEINWAY. [L. S.]
the prayer of the bill, but also a writ of subpoena
W. HAUFF,
directed to the said George W. Carter, Patrick H.
E. F. KASTENHUBER.
Powers and Orrin A. Kimball and Joseph Gramer,
and commanding them to appear and answer unto
THE CLAIMS IN THE REISSUE.
this bill of complaint, and to do and to receive what
to your Honor shall seem meet in the premises.
9,012. PIANO-ACTION FRAME.
Christian F. T.
"
I
n
the
drawing,
the
letter
A
designates
one
of
CHRISTIAN F. THEODORE STEINWAY.
Steinway, New York, N. Y., assignor, by mesne
the hangers or standards of my metallic action-
By WILLIAM STEINWAY,
assignments, to himself and William Steinway.
frame, three or more such hangers or standards
WlfjLIAM STEINWAY.
Patent No. 81,306, dated August 18th, 186b. Re-
be i g used for each frame. These hangers or stand-
GEORGE L. ROBERTS,
isBue No. 7,950, dated November 13th, 1877. Filed
ards are connected together by traverses, B, which
Complainants' Solicitor and of Counsel.
October 21st, 1879.
are either made of solid wood or metal, or of tubes
Claim,—1. A piano-action frame composed of hori-
UNITEJ) STATES OF AMERICA,
) filled with wood, and which aie fastened to or in the
zontal pieces united to transverse vertical standards,
SOUTHERN DISTRICT OF NEW YORK, j standards by any suitable means.
introduced
into the frame at convenient distances
"In practice, I use by preference tubular traverses
At the city of New York, in said District, on the
26th day of May, 18S1, personally appeared William filled with wood, as shown in the drawings, since me- apart and hung to the wrest-plank, substantially as
Steinway, one of the complainants above named, and tallic tubes, when filled with wood, obtain the re described.
2. A piano-action frame composed of horizontal
made oath that he is duly authorized and empowered quired stiffness, and at the same time common wood
by the said Chritian F. Theodore Steinway to act on screws can be used in fastening the various parts of the pieces united to transverse vertical standards or
his behalf in the premises; that he has read the action to the same. When solid metal traverses are hangers, provided with a common horizontal axis of
foregoing bill of complaint and understands the con- used the holes for receiving the screws have to be oscillation at the bottom, and secured at the top by
tents thereof, and that the same is true of his own bored and tapped, and the screws have 1o be manu- means of horizontal adjusting-screws, for regulating
knowledge, except such matters as are therein stated factured expressly for this purpose. The traverses the distance of the hammers and dampers from the
are provided with flanges or ears 5, which serve to strings, substantially as described.
on information, which he believes to be true.
retain the various parts of the action, fastened to
3. A metallic standard for a piano-action frame,
Before me.
said traverses, firmly in position, and prevent them provided with hearings for the horizontal pieces of
[L. a ]
CHARLES W. MACK,
from
getting
displaced
accidentally,
and,
at
the
the
frame, and with an upward projection for con-
Notary Public New York County.

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