Music Trade Review

Issue: 1886 Vol. 9 N. 14

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW.
A LAWYER WITH THIS BIG NAME
ARRESTED ON A CHARGE OF
FRAUD.
SOME FACTS ABOUT A LEGAL LUMINARY
WHO GRACES THE BAR OF CHEMUNG
COUNTY-WHAT HE SAYS.
(Elmira, N. Y., Telegram).
BOUT three years ago, a tall and gaunt young
man, with a cadaverous face, stoop-shouldered,
and eyes which never look one straight in the
face, but steal little glances up from under rather
bushy brows, drifted into Elmira, and announced that
he was Ralph Waldo Morrison, sir, an attorney and
eounselor-at-law. Ralph Waldo Morrison speedily
became acquainted with lawyers of the city, but the
lawyers evinced no great fondness for his society.
In fact, several of those worldly gentlemen have been
observed sitting in the court house on the occasion
of Mr. Morrison's trying an important " horse " case,
in which $75 or $bO were Involved, and smiling at
flights of oratory and bursts of eloquence, in which
he referred to the " gentlemen of the jury " with a
frequency that was something remarkable. Jacob
Greener is a manufacturer of pianos, and a couple of
years ago, being in need of superior legal advice,
employed Ralph Waldo Morrison to furnish it to him
as occasion required. Mr. Morrison seems to have
had transactions with Mr. Greener since that time,
for he was arrested last Saturday night on a charge
of fraud preferred by Mr. Greener, and Judge Dexter
said that the legal luminary
A
WOULD HAVE TO FURNISH SECURITY
in the sum of $1,000 in order to keep out of jail, and
as a guarantee that he would be around when wanted
to answer to the charge preferred against him. Julia
M. Mills and E. W. Condit qualified in the sum de-
manded, and Mr- Morrison was released from the
custody of the sheriff. Mr. Greener has also com-
menced a civil action against his former attorney to
set aside the attorneyship, and Walter Lloyd Smith
is his counsel in both cases. Both of them grew out
of matters connected with the numerous suits which
Mr. Greener has, through Ralph Waldo, as attorney,
brought against different parties for infringing on a
patent held by him, for a soft pedal attachment for
pianos, and which he claims has been extensively
infringed throughout the country. When interviewed
as to the causes leading up to the arrest of Morri-
son, Mr. Greener said; " I first met Morrison
|about two years ago, when he came here, and I gave
him some collecting to do. In a short time I gave
him the power of attorney in connection with my
patent suits. I was to give him half of the royalty
collected, and he guaranteed that I should be at no
expense in the suits. He appeared perfectly honest,
and reported all collections promptly up till about
three months ago. We had received some pianos
from different firms in payment of royalties. Last
week I discovered that Morrison
PUT SOME OF THESE
in the hands of another dealer, and was thus running
opposition to me. I demanded the instruments, but,
although several promises were made, they were not
returned. I then asked Morrison for my patent
papers and the power of attorney which I had given
him, but he refused to give them up. When Morrison
came here he was in debt, and there was a judgment
of $200 against him in Penn Yan. Last March I
deeded him a piece of property on Third street near
Sullivan. It was agreed that I should hold the prop-
erty until he paid the Penn Yan judgment, when he
would get the deed recorded. In the summer I built
a house on the lot, Morrison agreeing to leave the
property in my name until I was paid. On the 5th
of December he filed the deed from me, and at the
same time one transferring the place to Ezra W.
Condit. He has in fact swindled me right out of the
house. When I found out the matter about the deeds,
I consulted Walter Lloyd Smith and brought suit
against him. I have found where he has col-
lected money, and also where he has settled infringe-
ment suits without making any report to me
whatever, and I propose to push him unless
he acts square and settles up." When asked by a
Telegram reporter If his business relations with Mr.
Greener's patent case had terminated, Mr. Morrison
said that they had and that he so notified Mr-
Greener on Saturday last. "When I informed Mr.
Greener," said Morrison, "that certain actions now
pending
IN THE UNITED STATES CIRCUIT COURT
must be discontinued as he could not establish what
he claimed, and the continuation of which would
only result in bringing upon himself the mortifica-
tion of ultimate defeat, and bankruptcy. That I had
now safely carried him through the cloud that hung
over his head and, since it became apparent that he
could not succeed, I had already discontinued five
or six of his actions without the payment of costs on
his part, and similar arrangements could be made
with the balance, and that if he wished to continue
he must go to some other attorney, that his relations
with me must close as I could not conscientiously
continue his cases with the knowledge of the facts,
and that although the same had long been burden-
some and tiresome to me, rather than to have it said
that I had deserted a sinking ship I had clung to his
cases until I had brought him safely through at a
great inconvenience to myself. I told him that I
had lent my legal ability to protect and enforce his
claims, sacrificing my state clientage and practice
at a great expense and loss to myself. The compen-
sation I have received has not been adequate to or
commensurate with the services rendered, and that
I had
2l5
of a malicious article inserted in a newspaper by the
defendant, and the suit is brought to have Owen re-
strained from holding me up to the contempt and
ridicule of the public." The justice told him that he
could not sustain such an action in his court, and the
lawyer went out. He said he would commence
another action in a higher court.
COMMERCIAL MEN'S LICENSE FEE.
OAKLAND, Feb. 4,
1886.
Editor Music TRADE REVIEW, New York.
DEAR SIR : In your last issue we notice the article,
"Don't Pay Any More License Fees." Will you
oblige us by giving, either through THE MUSIC
TRADE REVIEW or private letter to us, if this decision
was rendered by the Supreme Court of the United
States, and if so, the date of rendering same, etc.
By so doing you will oblige,
Yours,
KOHLER & CHASE.
[We say, for the benefit of Messrs. Kohler & Chase,
that the answer to their question is given in the
article to which they refer, which we republish for
their benefit. If they desire to get the date of this
decision, we judge they can do so by writing the clerk
of Supreme Court.—Editor Music TRADE REVIEW.]
BEEN MOVED TO TAKE HIS CASE
DON T PAY ANT MORE LICENSE FEES.
more out of sympathy from tho stories received from
his lips, and although the reception his case has met
with has been unfavorable from the beginning, I
cannot now consent to make the defendants any more
expense or trouble. It is true that Greener com.
menced proceedings against me, in one of which is
coupled an order of arrest, but in which Greener has
absolutely no cause of action. I consider it nothing
but a blackmailing scheme and I fear he has got
himself in a bad scrape. The other is an action for
an accounting. The proceedings are instituted by
Walter Lloyd Smith, and the order was granted
by Seymour Dexter, Chemung county judge. I hold
in my hands evidence sufficient, without any addi-
tional matters, to convict Mr. Greener and satisfy
any person who may desire information on the sub-
ject. The ultimate result can only bring upon the
parties connected with it the obloquy they deserve,
and I can see no excuse why he should not be pun-
ished when the facts develop." Mr. Morrison
claims that the house transaction was all straight
and that Mr. Greener owes him money, and quite a
large amount at that. Morrison came to Elmira
from Penn Yan, N. Y., and his record there is not a
particularly pleasing one. A prominent citizen of
that place says he borrowed $100 of a farmer named
George Hobson, who lives in the town of Barrington.
He told Hobson that he wanted to use the money to
buy a library, and the farmer gave it up to him on
his note for the amount.
Many of the Southern and Western cities have been
in the habit of exacting licenses from the Commer-
cial Travelers. We have always contended that s.uch
a law was wrong, and have urged the travelers not to
pay the tax, and have it settled.
The Supreme Court has just decided that the
money thus raised is an unjust tax upon commerce,
and that such laws and ordinances are unconstitu-
tional.
Many of these taxes have been collected from the
commercial travelers by threats of imprisonment
unless they were paid, and the question arises in our
mind if these cities and towns are not compelled to
pay back the money they have extorted from the
people. Why can't the Traveling Men's Association
bring a collective suit for the drummers against these
cities and towns, and thus test the case? There have
been thousands of dollars thus paid for these unjust
licenses. The following are the States and towns ae
far as we have been able to tabulate, which have im-
posed a " Drummer's Tax."
Alabama, $15.50 per year; $10 to State, $5 to county,
and 50 cents to officer issuing license.
Arizona, $200 a year.
Beaufort, S. C, $10 per week.
Bennettsville, S. C, $1 per visit.
Batesburg, S. C, 75 cents per day.
Charleston, S. C, $10 per month.
Cumberland, Md., $1 per day.
Delaware, $25 per year; fees 50 cents. Penalty,
$200 fine and six months to five years, option of the
court.
Deadwood, Dak. Ter., $5 per week.
Darlington, S. C, $1.
East St. Louis, $2 per day.
Elkton, Md., per cent, on stock carried.
Florida, $25 per year. Year begins October 1st,
and tax paid after that date is at a pro rata for the
months remaining.
Helena, $15 extra for city; Butte City, $10 extra
for city; Missoula, $5 extra for city, and all other
towns in the Territory, from $10 to $15 per quarter.
Hartwell, Ga., $5 per trip ; seldom enforced.
Johnston, S. C, 50 cents per day.
Lewiston, Idaho, $5 per trip.
Montana, $100 per year for each county.
Memphis, $10 per week, $25 per month, license to
run three months.
Mobile, Ala., $3 per day; $7 per week, strictly en-
forced.
Natchez, Miss., $2.50 per day—half to the spotter.
New Orleans, La., $50 per year, seldom enforced.
Newport, Ky., $1 a month.
North Carolina, $100 per year. $250 per year for
sewing machine and liquor salesmen. $250 penalty.
Nevada, $200 a year for liquor salesmen; cigars
and tobacco, $150; boots and shoes, $175: other
lines, $100.
Orangeburg, S. C, $2 per day.
Savannah, Ga., $10 per week ; 10 per cent, off for
cash.
St. Matthews, S. C, $1 per day, $3 per year.
San Francisco, Cal., $25 per quarter.
Texas, $35 per year.
Tucson, Arizona. $50 per quarter.
Tombstone, Arizona, $10 per day.
Virginia, $75 per year. $250 penalty.
Wilmington, N. C, $3 per day. Not enforced If
victim holds a State License.
Washington, D. C, $200 per year.
^ Walhalla, S. C, $1 per day, $3 per year.
AFTERWARDS HE WENT TO HOBSON
and borrowed another $100. When that gentleman
wanted the money on the notes, and after they were
due, Morrison told him that if he asked him for the
money again he would have him arrested. Hobson
finally sued him and got a judgment which is
still unsatisfied. When Ralph Waldo was asked
about this transaction he said that it was a lie
and he did not owe any one in Penn Yan. He also
forbade its publication and talked wildly of libel
suits, indictments, etc. Lawyers and others who
are personally acquainted with Morrison say that
he is peculiar. A week or two ago Morrison went
into the Western Union Telegraph office, and told
W. H. Owen, the operator, that he wished to buy out
the plant of the American District Telegraph Com-
pany. Mark Bennett, the city editor of the Advertiser,
was in the building and heard the conversation. The
next morning his paper contained an item stating
that Morrison was going to buy the right of the com-
pany, and Ralph Waldo was in a state known in the
vernacular of the street as "hot." Directly Mr.
Owen was served with a summons issued out of Jus-
tice of the Peace Ransom's court, and returnable
Friday of the past week. When the case of Morrison
vs. Owen was called, Ralph Waldo, with his hair
combed a la Pompadour, responded for the plaintiff,
and Clint Merrick was present to look after Mr.
Owen's interest. The justice asked Morrison what
the action was brought for, and that brilliant gentle-
man said : " It is for damages sustained by reason
THE Dayton Organ factory, Dayton, Ohio, was de-
stroyed by fire on February 5. The loss is estimated
at $20,000, with no insurance.
2l6
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW.
the kind of a thing to catch them ; but you want to
hold it back and seem very reluctant to sell it. Wait
till they've found fault with the price or tone of near-
ly every instrument in the place, and then bring out
'OU see," said the piano man to his new help, your best bower, so to speak, but be sure and put it
as he touched up an old $3 stool with a little on the market with care. Ask a very stiff price first.
boiled oil and kerosene, till it looked like a Hint that you don't care to sell it at all, but rather
brand new $7 article, " everyone who comes here to than see a hated rival take trade from your store, you
buy or hire a piano knows more or less about a ma- would part with anything. If she takes the hint>
chine—principally less—and it's the duty of a good she'll try and beat you down a quarter or so. Meet
salesman to guide them, so to speak."
her gradually, fight for every dollar, and, mind you,
" I understand that," said the new man.
the second she does say yes, grab for the coin, for
"O, you do, do you ?" said the boss, softly, as he for fear she might change her mind."
rubbed his orush over a scratch. " How would you
" You can rely on that," said the new man.
go to work with a strong-looking woman in a turned
" Now, here's an old jingler that's paid for itself
silk dress and cleaned kid gloves, who wanted to hire five times over, and brought us in enough for cartage
a $700 piano for $5 a month, and not pay for sending to buy a new wagon. It's a beauty—a bonanza, I
it home ? "
always call it. Fair got back from North Beach only
" Why, I'd just tell her it could not be done, and yesterday. I'll have it varnished by noon and out at
let her walk out as soon as she could, that's all," said the mission before the end of the week. When a
the young man, with a look of supreme indifference party comes for a piano that I see don't know much,
on his face.
I trot out Fair. Beautiful instrument; first prize at
" You are like all the rest of 'em," said the boss, the Centennial."
sadly, as he keyed up a $200 imitation grand to sound
" Looks as if it might have won a prize 100 years
like a $700 Chickering. "All you lack is patience back," laughed the hired man.
and judgment, and about ten years' experience, to be
" Yes, sir; a beauty," continued the boss, frowning
a good piano salesman. Now you just listen to me, at the interruption. "Could not rent it under any
and I'll tell you more inasecond about piano-playing circumstances, only it was sold, and the lady's daugh-
than you know in a lifetime."
ter wanted an upright, and in moving, the back leg
"Spiel," said the new man, as he composed him- of the piano got scratched. One of the wealthiest
self to rest on a piano-stool the boss had just picked ladies in San Francisco, too, bought it. Of course, I
out to send to a Tahame street residence.
could not say who. That would be unprofessional,
"There you go," said the boss. " Dont you know and besides," said the boss, with a grin, " there ain't
that's a $10 stool ?"
no need to tell 'em when the name's on the label as
"Well, what if it is?"
large as life.—Brainard'a Musical World.
"What if it is ?" screamed the boss, breaking a
wire in the excitement of the moment. " Do you
A PIRATE KING.
suppose that $10 stool will stand sitting on? Now,
listen to me and I'll teach you some points about the
piano business. You see, every woman knows all
R. ROGER SHERMAN, of Philadelphia,
came before the Senate Committee on Pat-
about a piano. If she don't, someone else does, or
ents to oppose international copyright, and
thinks so, and is sure to tell her. There's a cool
announced himself as a publisher who flew
$100 profit to us on a $300 piano, if we get, it; but we the black flag at his fore, and was proud to be known
as
a
pirate.
Thereis no accounting for tastes, though
don't; there's the trouble. We have to divide, just
the same as if we were politicians. A lady comes it certainly does not seem to the plain minded ob-
server that book piracy is a business to be proud of.
into the store and says she wants to buy a piano. Mr. Sherman, however, according to his own showing,
After trying every instrument in the place, or having has some claim to be regarded as the pirate king, for
us try thorn, and getting all the prices, she says, 'I'll he has engaged in one of the most extensive acts of
yet attempted. He is reprinting the En-
not make up my mind to day. I'll get my daughter's piracy
cyclopaedia BrUannica, a work upon which the
music teacher, who knows all about pianos, to come Edinburgh publishers, Messrs. Black & Co., have
down and try them.' Next day along comes the expended probably $500,000. Mr. Roger Sherman
music teacher, with a card which says she is from cooly steals this costly publication, and then he
comes forward and impudently endeavors to impli-
the Conservatory at Milan. Why, I've had cards cate the American people in his theft, by arguing
enough of old Milaners here to iill the conservatory, that they demand stolen publications because they
let alone leave room for teachers and pupils. Says can be supplied cheaper than such as are honestly
the teacher, 'I'll be down to-morrow with Mrs. So- purchased.
This is a gross and slanderous imputation upon
and So to pick out a piano. Of course, I expect the
the American public. It is not in any way true. The
usual commission.' 'Yes, ma'am,' says I, 'ten per public are, and always have been, ready to pay for
cent,' and away she goes. Next day the buyer and their books, and to pay the proper owners of them
music teacher come and pick out a piano. The music fairly. Mr. Roger Sherman prates about cheap ed-
being helped by his abominable system.
teacher does some heavy standing around, tries every- ucation
That is another piece of hypocritical cant. The
one opened, and gives her opinion as wise an owl. education which involves paralysis of the moral sense
Of course, she can't tell the difference between a good is to be shunned, not desired. Education which
piano and a poor one. When she gets through teaches that it is not wrong to steal is vicious. If
the American people cannot afford to pay honestly
wasting our time, she'll advise the one nearest the for their education, they will never get one that will
lady's price, quarrel with me about getting a music do them any good. But there is no truth in Mr.
stool thrown in, and that's all. Wo have to give her Roger Sherman's shameless pretense. Nobody
piracy protected but the pirates, and the de-
ten per cent, for doing that, and, besides, she'll want wants
moralizing nature of their business was never more
a commission on every bit of music the lady buys."
clearly exhibited than in the audacious and unblush-
" Suppose you did not give up, would not the cus- ing defence of it put forward by this their spokesman.
Mr. Sherman wants the American^ Government to
tomer buy anyhow? " asked the new man.
refuse to protect authors against such spoliation as
" You are a nice one, you are," said the boss, with he practices. He says, " It would be wrong to force
a look of contempt. " Buy? " Suppose she did buy, the people to pay for what they can now have free."
right interpretation of this remark is that " it
and pay, too? It'd be a nice thing to have on your The
would be wrong to force the pirates to pay for what
mind, wouldn't it—to have a mad-house teacher a- they can steal with impunity."
hovering over your piano and giving it a black eye,
It is an insult to the whole country to make such
and making the lady and her friends all weary of it? an appeal to it. It is in no respect a less dishonest
proposition
than would be one to abolish the laws
Fancy a sweet thing in a gingham dress saying to one
of your customers: ' Mr. Bland did not treat you right against larceny, in the interest of the burglars, sneak
thieves, and pickpockets. Why should these people
about that piano, ma'am. I am sorry to say that its be forced to pay for what they could have free but
first tone is so bad that dear Ethel's ear is being for the intermeddling statutes? Certainly there is
ruined.' The first thing you'll know, the lady'11 want exactly as much reason and equity on their side as
on that of Mr. Roger Sherman, and the class he rep-
you to take it back. If you don't, you're a cheat, and resents.
As to his observations about the American
she'll not only take her trade away, but she'll ruin author and his relation to international copyright,
you among her friends. You are a smart one, you they are wide of the mark. Whether the American
are, to talk about quarreling with a music teacher. author can or cannot meet foreign competition, does
not affect the fact that piracy is dishonest, and fla-
Why, I'd sooner give 'em half the profits."
grantly wrong, and that a pirate can have no right to
" I see, sir," said the new man, humbly.
discuss the ultimate consequences of his piracy, with
"That's all simple," continued the boss; "but the a view to finding arguments for maintaing and pro-
it. A pirate, even though he be a pirate king,
fine art comes in with a tough customer. One that tecting
can only be regarded as a man whose greed of gain
wants three half dollar pieces for a dollar. You have is far stronger than his honesty, and as one, there-
got to play that kind mighty low down, or some one fore, all of whose arguments are certain to be based
else will oatoh their trade. A cheap, showy piano is upon the most utterly selfish considerations. But
AN OLD HAND A T THE BUSINESS GIVES A
GREENHORN SOME POINTS.
M
when such a person, to shield himself from the just
obloquy attaching to his acts, undertakes to assert
that the American people are interested in his delib-
erate theft of literary property, and that they demand
the perpetuation of the bad system under which such
theft is possible, it becomes necessary to repudiate
the injurious assumption with emphasis, and to char-
acterize it plainly.— The Tribune.
[The above represents our ideas exactly, and it ap"
plies to musical publications as well as literary
works.—EDITOBS MUSIC TRADE RETIEW.]
MR. EARHUFF'S STYLE OF DOING BUSI-
NESS.
HE following circular has been sent us with
the request to publish it.
T
TO THE REV. CLERGY AND TEACHERS OP AMERICA.
-HONORED SIRS :—I beg leave to inform you, that I
have concluded hereafter to transact all business per-
taining to the sale of Organs, to Clergymen, Teachers,
and Congregations direct through my office, 1G1 Superior
street, Chicago, instead of through a General Agent as
heretofore.
Thereby I guaranteeing you a saving from $15.00
to $25,00 on each and every organ bought by you,
and as there are unscrupulous dealers who are now
advertising a Peerless Organ, and expect to sell the
same on the reputation I have gained on my make
of the Peerless Organs, I therefore deem it but justice
to myself and to you, and to ask you to be on your
guard, and see to it that every Organ you buy for my
make of Peerless has the name of J. G. Earhuff,
Chicago, on the name board.
A great number of you know what my Organs are,
as you are using them, both in your families and
congregations, but to those who have never heard of
them or seen them, I would state to them that I have
nearly 14,000 in use, and they are giving universal
satisfaction, and I will be pleased at any time to
refer you to several hundred clergymen, and thous-
and of families who are daily using them, which fact
I think goes further than all the praises I could here
bestow on them.
If you should desire something different from what
is on this circular, I will be pleased to mail you my com-
plete Catalogue on application.
Prices herein quoted are subject to a trade discount as
per inclosed slip.
Hoping to be favored with your orders, I am
Yours truly,
JOHN G. EARHUFF.
TESTIMONIAL TO THE SWICK PIANO.
GUYMARD, N. Y., Feb. 8, 1886.
MESSRS. SWIOK & Co,:
GENTS: Your concert upright piano shipped the
26th January, arrived here on the 27th. In all ap-
pearance of finish and tone, it more than meets our
expectation, and I shall bo happy to recommend it
to my friends. Since receiving your piano, I received
through a certain firm, The Musical Courier, which is
trying to belittle your instruments and your business,
and which I consider an insult to common decency,
and the perpetrators deserve to be met with condign
punishment.
Your price brings it within the reach of many
worthy people, who cannot afford to pay the exhorbi-
tant prices asked by long-established firms, much of
the profits going to agents and middle men. There-
fore the people owe you a debt of gratitude, and
ought to patronize and sustain you in your efforts to
live and let live.
With kind wishes for your success in business, I
am,
Very respectfully,
P. L. GUM8EB.
PATENTS AND INVENTIONS.
Upright piano action, No. 334,768, I. Fuse.
Upright piano case, No. 334,933, S. Brambach.
Musical instruments valve, No. 235,271, J. H. Chase.
Mechanical musical instrument, No. 335,272, J. H.
Chase.
Mechanical musical instrument, No. 335,534, R.W.
Pain.
Mechanical musical instrument, No. 335,549, J. E.
Treat.
Design for organ case, Nos. 16,497 and 16,498. L. K.
Fuller.

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