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THE MUSIC TRADE REVIEW.
When you can fasten down Mr. GEORGE LYON, of
LTON & HEALY, Chicago, for a live-minute conver-
sation iu his piano warerooms, you are doing well.
He usually has about half-a-dozen customers at one
time, and he takes good care of them all, too. When
he does not sell a man or a woman a piano, it is
because they really do not intend to buy.
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" How does your vaccination takeV " is the proper
remark with which to greet an acquaintance in
Buffalo. Buffalo is admirably situated to get the
small-pox from Montreal, and the good people of the
first-named city regard with suspicion everybody
who comes from Canada. What is the use of
the CUSTOM HOUSE officials at the Niagara river, if
they can't discover whether or not a traveler is try-
ing to smuggle in small-pox along with Cognac and
other contraband articles?
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A notably good exhibit at the recent CHICAGO EX-
POSITION was that of Mr. J. B. SCHALL, manufacturer
of banjos, guitars and mondolines, at 38 and 40 West
Monroe street. His instruments are carefully and
handsomely made, and are distinguished by excel-
lent qualities of tone. Mr. SCHALL is a practical
wood-worker and mechanic, and is, besides, a skillful
player on the banjo. Some of his fancifully deco-
rated instruments were greatly admired.
An excellent contrivance which I saw while making
my last "ramble" was in Auburn, New York. It was
shown me by a young lawyer, Mr. WM. P. ALLEN,
who devotes himself in a great measure to patent
cases. He is conducting a case for HAYDEN &
BARNES, of 65 North Salina street, Syracuse, N. Y.
It is COLTON'S PATENT VISE, which, as the manufac-
turers say, is "the biggest thing, for a little thing,
out." It is a tool adapted to the wants of both the
amateur and the mechanic, and is convenient to hold
in the hand or fasten to the work-bench or table. It
is finely made, and is neatly japanned. The jaws are
accurately ground and polished ; the screw and lever
made from the best Bessemer steel. The jaws are
one inch wide, and will open to take in and firmly
hold anything up to one and one-quarter inches in
diameter. It can be easily carried in the pocket if
desired. For small work it is just the thing, and
the price seems almost absurdly low—twenty-five
cents for a single vise. I have one made with a
standard to serve as a paper-weight on my desk now,
and it arouses the admiration of all who see it. It
is as well made as any large vise I ever saw.
CHARLES AVEKY WELLES.
AN UNFORTUNATE MISTAKE.
N THE 9th instant the following letter was
received at the office of the Music; TRADE
EEVIEW from Mr. L. Moonen, of Sydney, Aus-
tralia, who for some years has acted as correspondent
of this paper:
SYDNEY, Australia, Sept. 28, 1885.
O
MB. CHARLES AVERY WELLES :
SIB—A mistake which results in a serious and
libellous allegation occurs on page 284 of the Music
TRADE REVIEW. It sets forth that I have been im-
prisoned for obtaining money under false pretences It
is not set forth by mere induction, but my name in
full is given as the guilty party.
You may or may not be aware that I am well-
known in France and England, and now all over Aus-
tralia, as an authority on musical matters and musi-
cal instruments. My name is not unknown to the
trade in America, and I regard it as peculiarly unfor-
tunate that it is just as I am thinking of taking a
journey across the States to Europe that this dam-
aging libel appears in your paper, circulating pre-
cisely among the very firms I have interest in visiting,
consequently it is highly prejudicial to my interests
at home and abroad.
I awaited the following number of your journal to
see whether any explanation was offered before send-
ing you this letter, but none appears, and I can only
await one from you on the subject. I am decidedly ing establishment kept by the father of Russell in
loth to use words of legal meaning, and still more the same building. He charged that Russell, aided
loth to act in any way that may seem discourteous to
a, confrere, whether musician or journalist; but you by Volk and Rollett, who are mere youths, mali-
will, I am sure, agree with me that I cannot leave ciously destroyed a large quantity of published
the matter unnoticed, and before taking any action music, which had been taken from the shelves in the
I am not unreasonable in asking you to write me by storeroom, by cutting the books in halves with the
return of post whether you have taken any steps to
repair the injury thus done me, and what they are, so steam cutter and thrusting the mutilated books into
that I may see whether they give me the satisfaction bags containing waste paper to be sold to junk deal-
that you will not dispute my right to, I am sure.
ers. The elder Russell does all the printing for Mr.
Awaiting your letter by return, I am, sir, yours,
Schirmer, and the cutting machine with which the
L. MOONEN.
music was mutilated was on the same floor as the
Camperdown, Sydney.
storeroom, and it is charged that Russell and the
To this the following reply was at once sent:
youths under arrest had access to this. Mr. Schirmer
said that over $1,000 worth of music had been muti-
NEW YORK, NOV. 9, 1885.
lated and carried off to be sold for waste paper. The
MR. L. MOONEN :
MY DEAR SIR—I was much surprised when I re- prisoners were held.
ceived your letter this morning, as I had no idea your
[ I should think they would have been held. Theft
name had appeared in my paper in any such manner is bad enough, but when such atrocious vandalism as
as you mention. Upon looking up the offensive
article I found that it was credited to the London that described above is added to it, the offense be-
Musical Opinion and Music Trade Review. I must comes doubly detestable. The youths, if guilty,
state that I cut the article out of that paper for re- should be severely punished. — CHARLES AVEBY
publication in the Music TRADE EEVIEW, but remem- WELLES.]
ber that I did not read it carefully through to the
end, and had not the slightest idea your name was
mentioned. Without taking into consideration the
CELLULOID AND ZYLONITE SUITS.
legal aspect of the case, let me say frankly that I re-
gret having done you even unintentional injustice,
and if I had seen your name in connection with the
HE following is the text of a decision in one of
article I should never have published it. I have never
the suits brought by the Celluloid Company of
had the pleasure of a personal meeting with you, but
Newark, N. J., against the Zylonite Company,
you acted as my Australian correspondent for several
years, and your letters proved your ability both as a of Adams, Mass.
musician and as a member of the music trade. Not
one word has ever reached me that could reflect upon CIRCUIT COURT OF THE UNITED STATES, DISTRICT
your character, and I have heard a good deal about
OF MASSACHUSETTS.
you, too. I assure you again that I was dumbfounded
In Equity.
when, on consulting my files, I found your name had
been used in such an article. The fault was mine No. 1537. Celluloid Manufacturing Co. et al.
alone, but it was unintentional.
v.
I shall publish your letter and my reply to it in the
Somerby C. Noyes, et al.
next number of the Music TRADE REVIEW, and trust
that will prove satisfactory to you.
If you come to the States you must not pass through No. 1834.
Same
New York City without paying us a visit. I remain,
Very truly yours,
v.
CHARLES AVERY WELLES.
American Zylonite Company et al.
Since writing the above letter to Mr. Moonen, the
Opinions of the Court.
London Musical Opinion and Music Trade Review for
OCTOBER :n, 1885.
Nov. 1st has arrived at the office of the Music
COLT, J. The defendants are charged with in-
TRADE REVIEW, and a matter, which was before a fringement of Letters Patent, No. 223,311, dated
6, 1880, granted to William Booth for im-
mystery to me, is cleared up. Mr. Moonen has in January
provement in the manufacture of combs from cellu-
that paper another installment of his articles on loid, and analogous material.
" Piano Tuners in Australia," of which I had forgot-
The device consists in the application of a stream
ten he was the author when I wrote him my letter on or jet of water to or near the saw while the teeth of
the 9th inst., and the London Musical Opinion and the comb are being cut. The claims are as follows:
1. The process of making combs of celluloid and
Music Trade Review has the following editorial re- analogous material herein set forth, consisting in the
marks :
application of a stream or jet of water to or near the
MB. L. MOONEN, of Sydney, complains, and with saw while the t«eth of the comb are being cut, sub-
reason, that the New York Music TRADE REVIEW, in stantially as set forth.
2. The process of making combs of celluloid, or
reprinting a portion of an article that appeared in
our June issue, entitled "A Piano Hunt," makes it analogous material herein set forth, in which a jet or
appear that he (Mr. Moonen) had been imprisoned, stream of water is applied to or near the saw, while
whereas the punishment had been meted to an in- the teeth of the comb are being cut, substantially as
competent pianoforte tuner for obtaining money set forth.
The use of water upon a saw, or cutting tool, to
under false pretences. There is no occasion to im-
pute maliciousness, perhaps, to our American con- lubricate it, diminish friction and consequent heat,
temporary ; at the same time it is an evidence of is old. It has been used in making combs, rings,
slovenly editorial work. Mr. Moonen is naturally piano-keys, and numerous other articles, out of
annoyed, and wishes us to put the matter right, ivory, mother of pearl, rubber, and other materials;
and it also appears that it has been previously ap-
which we have here endeavored to do.
plied to sawing knife-handles of celluloid.
I should think Mr. Moonen would be "naturally
In view of the well-known and common use of
annoyed," especially as my paper made him say water upon a cutting tool, we must hold this patent
himself that he had been imprisoned for false pre- void for want of invention. In dealing with a ma-
tences. The explanation is simply this; Mr. Moon- terial of the character of celluloid, the use of water
upon the saw, would seem to suggest itself to the
nen's concluding sentence read as follows :
most ordinary mechanic.
I was not sorry when I heard, some little time
The complainants seek to uphold the patent and
afterwards, that this precious manipulator had been escape the charge of double use, on the ground that
imprisoned for several months at the instance of an new results are accomplished by the application of
irate victim on the charge of having received money this process to the manufacture of combs from cel-
under false pretences, the "false pretence" being luloid. Water in the Booth process performs its
that he would repair a piano, whereas he had only usual duty of lubrication, keeping the saw cool and
spoilt it.
preventing it from buckling, and also keeping the
Wishing to give credit for this article to both material cool and preventing it from softening, so as
author and paper, I wrote at the end of this sentence to bend, or from catching on fire.
Bearing in mind what has been accomplished by
—" L. Moonen, London Musical Opinion and Music the use of a similar process, we are unable to dis-
Trade Review," and the compositor probably wishing cover, notwithstanding the skilful and elaborate
to improve upon my method, got the " L . Moonen " argument of complainants' counsel, any such new re-
in the use of the Booth process as would war-
in the line above between " h e " and "would" so sults
rant the Court in sustaining the patent on this
that it read :
ground.
"The false pretence being that he, L. Moonen,
Bills dismissed.
would repair a piano, whereas he had only spoilt it."
This error was overlooked in the proof-reading.
WHEN are we in New York City to have reasonable
CHARLES AVERY WEELES.
rates for telephonic facilities so that telephones will
be as common here as in small towns, where people
of even moderate means have them in their resi-
MUSIC WORTH $1,000 DESTROYED.
dences as well as their stores and offices?
R. G. SCHIRMER, the music publisher, of
PHILADELPHIANS say that they do not desire tele-
No. 35 Union Square, New York, complained phonic communication with New Yorkjif constant
on November 9th, at the Jefferson Market conversation with the inhabitants of this wicked
Police Court, against Daniel Russell, Gustav Volk place will tend to lower the moral tone of the virtuous
and George Rollett, who are employed in the print- and dignified Quaker City.
T
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