Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW.
400
of pear.
INFLUENCE OF MUSIC ON THE MOST PATIENT
ANIMAL IN ALL CREATION.
jjTpRANK HENDLEIGH played first violin in
^
Silverton, Col., with a picked up orchestra
at the new opera house.
One evening they all went up to Silver Plume,
another mining town, about eight miles away,
to play for a dance.
They played until twelve o'clock, and then for
extra pay an hour longer.
The other fellows stayed all night, expecting
to return by the stage the next morning at eight
o'clock. But Hendleigh concluded to walk
back, taking a footpath down the mountain that
was about four miles nearer.
The other boys chaffed him considerably; he
had just been married, and did not want to leave
his young wife alone.
He knew the path perfectly, and in spite of
the persuasions of his friends and their warning
about bears, he struck out down the mountain
toward home.
The night was a clear, starlit November one,
but the shadows cast by the bowlders and
scraggy pines made his way mostly dark. But
he trudged along with his instrument in its case
hung by a strap over his shoulder.
At first, when he got into the darkest place,
he did feel a little timid, but he grew bolder,
and walked rapidly, with the confidence of one
used to the road, down the irregular mountain
path.
All of a sudden, in a place where the darkness
was a little denser than usual, he ran plump
onto some animal lying down in his way.
He sprawled out over it, feeling its furry coat
as he fell.
Well, he was the worst scared fellow ever
heard of.
IN A PANIC OF TERROR.
He scrambled to his feet and flew back the
road he had come, until he made a misstep and
fell off a shelving place about three feet deep,
where he lay for a few minutes more dead than
alive.
His strength left him ; he could hear his heart
beat like a triphammer. Presently he heard
something else, too. The beast was following
him.
With painful distinctness he heard the sound
of those approaching footsteps. Then flashed
through his memory the stories he had heard
and read of the power of music over wild ani-
mals.
With trembling fingers he took his violin out
of its case and began " Blue Bells of Scotland."
His first selection had a good deal of tremolo
in it.
After he had finished he listened for a while
without hearing any noise, but directly the
footsteps sounded again, and he began "Blue
Danube '' waltzes. Again he listened.
The spicy odor of the pines and cedars made
the chill, frosty air oppressive. For a time all
was silent, save the dropping of an occasional
twig and the soft whisper of the pine trees.
Again he heard the steps.
He tried '' In Old Madrid '' and '' Wellington 's
March.''
Every time he paused to listen, and always,
after a brief interval, detected the footsteps
again. So he concluded that his only safety lay
in the music.
Over and over the strains of concert and dance
music, of soft waltz, of lively polka or stately
'' Lancers '' rang out on the mountain air.
He grew so cold he could hardly hold the bow,
but dared not stop, for every time he did he
could hear those steps, now on his left, now on
his right, or in front of him.
The wonder was that all the live things in the
forest did not gather on that mountain side to
hear.
At last the first faint streaks of light began to
creep in through the gloom of the shaded moun-
tain path. Surely day would bring relief.
He could hold out no longer. As the bow fell
from his stiffened fingers he stood up and looked
about him.
In the gray of the morning he saw the dark
form of some animal about twenty feet distant.
Great heavens ! Could it be ? He staggered
towards it, filled with a fierce passion of rage
and disgust.
Yes, he had endured agonies of fear, of cold
and all the discomfort of a night on the moun-
tain, trying to charm a Rocky Mountain burro.
An insignificant little, old, scarred up jackass.
The sun was shining over the tree tops, and
the stage from Silver Plume was just driving up
to the hotel when he got into town.—Philadel-
phia Commercial List.
PARTNERSHIP—FIRM PROPERTY—TITLE.
The Supreme Court of Indiana held, in the
recent case of Chandler et al. vs. Jessup, that
where payments were made out of firm property
and funds upon the purchase and improvement
of real estate, not purchased or used for partner-
ship purposes, and the title taken in the names
of the individual partners or others on their
account, the funds so paid were, by the act of
payment, withdrawn from the firm assets, and
as between them and the firm became the indi-
vidual property of the partners or the grantee,
and that a party could not claim property
fraudulently conveyed by him, or any part of it,
as an exemption.
INSURANCE—FORFEITURE^—WAIVER.
The Supreme Court of Indiana held, in the
recent case of Replogel vs. American Insurance
Company et al., that where an insurance com-
pany, with full knowledge of all the facts con-
stituting a forfeiture, not only required the in-
sured to make the usual proofs of loss, but ad-
ditional proofs, and to furnish plans and speci-
fications of the buildings destroyed, which were
only required when the company elected to re-
build, and to make a journey at considerable
expense, such facts constituted a waiver of the
forfeiture and a good reply to the answer of for-
feiture, and to sustain a demurrer to it was
reversible error.
MORTGAGE—NOTE—PERSONAL PROPERTY.
Where a promissory note and mortgage upon
personal property were combined together in one
instrument, the promise being to pay the money
to a named payee or bearer, and the mortgage
portion of the instrument being in these words,
'' To further secure the payment of this note I
hereby mortgage the following described pro-
perty, "etc., the Supreme Court of Georgia held
(Nicholson et al. vs. Whaley) that one who was
not the payee named in the paper could not
foreclose the mortgage in his own name as
holder and owner thereof without having a writ-
ten assignment of the same.
EMPLOYER'vS LIABILITY—LATENT DEFECTS.
The Supreme Court of Indiana held, in the
case of The Wabash Western Railway Company
vs. Morgan, that an employer is bound to make
reasonable inspection of the appliances furnish-
ed his employees to discover latent defects, and
a neglect to make such an inspection is a culpable
breach of duty ; that such defects, or defects not
discoverable by the exercise of reasonable care,
are not perils incident to the service, and are
not assumed by the employee, and that he is
not bound to search for latent defects, but has
a right to assume that the employer has per-
formed his duty in supplying safe machinery
and appliances.
MORTGAGE—PERSONAL PROPERTY—HEN.
The Supreme Court of Georgia held, in the
recent case of Trautwein vs. McKinnon et al.,
that a mortgagee of personal property, although
not a party to the suit in which a receiver of the
property was appointed, must, if he becomes a
purchaser of the property at a public sale of it
made by the receiver under a judgment or de-
cree, and pays up the amount of his bid, assert
his mortgage lien upon the proceeds of the sale
in order to have any valid claim against the
receiver therefor, and that if he neglects to
assert his claim until after the whole fund has
been distributed to other creditors and the re-
ceiver duly discharged he comes too late,
whether the receiver knew of the mortgage or
not.
MORTGAGE—CORPORATION—LOAN—AGENCY.
In the case of Larson vs. Lombard Investment
Company et al., where it appeared that the de-
fendant company was a corporation engaged in
the business of loaning money upon mortgage,
and had correspondents in different parts of the
state who received applications for loans and
forwarded them to the defendant for examina-
tion and approval, the Supreme Court of Minne-
sota held that a clause in the printed form of
application furnished by the defendant and
signed by applicants for loans, purporting to
constitute such corporation the attorney of
the applicant to procure the loan, did not con-
clusively preclude such applicant from showing
that the correspondent was an agent of the com-
pany, and did, in fact, represent it also in the
transaction.
CORPORATION—BONDS—INTEREST—TAX.
The Supreme Court of Pennsylvania held, in
the recent case of Commonwealth vs. Philadel-
phia & Reading Railroad Company, reported in
the supplement to the Legal Intelligencer of
Philadelphia, that the income tax on corporate
bonds or loans imposed by the act of June 30,
1885, was not a tax laid on the company nor on
the bondholders as a body, but upon each resi-
dent bondholder as an individual, and that in
the collection of the tax on corporate loans un-
der the act the corporation or its treasurer was
merely the agent or instrument of collection for
the convenience of the State. In the case before
the court it appeared that a corporation finding
itself unable to meet the interest on a large body
of its obligations, was, by the joint action of
stockholders and creditors representing a large
amount of indebtedness, placed in the hands of
a receiver, and a plan of reorganization effected.
In pursuance of such plan, certain of the bond-
holders deposited their bonds, bearing 6 per
cent, interest, with an agent of the creditors,
who gave therefor negotiable certificates bearing
four per cent., and interest on these certificates
was advanced to be treated as interest if the
reorganization went through, but, if not, as
advances to be repaid. The reconstruction
trustees also made payment of interest with
money voluntarily subscribed by certain stock
and junior-loan holders, the trustees taking an
assignment of coupons as means of reimburse-
ment. The court held that inasmuch as the
payment was a voluntary advance of money by
parties.not liable therefor, and not as agents for
the corporation, it was not a payment of interest
by the corporation liable to tax under the act of
1885. —Bradstreet 's.
A very interesting entertainment is to be
given at Lowell, Mnss., to raise funds for the
purchase of a new organ.