Music Trade Review

Issue: 1894 Vol. 18 N. 42

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW.
other prominent politician. We remember once
reading an account of a speech by a well-known
Irish patriot in which the tones of his voice were
compared to a railway whistle, but that was but
a crude and inartistic simile. How much more
interesting and attractive political articles would
become if they were embellished with such pas-
sages as: "Mr. Balfour, in the most delicate
pianissimo, addressed himself con sordino to the
details of the measure " ; or, " The finale of Mr.
Chamberlain's speech, allegro guerriero, was re-
markable for his masterly treatment of some-
what unpromising material and the striking
staccato accompaniment improvised by the Irish
members." And then what opportunities for
advertisement will be afforded to enterprising
instrument makers by the new criticism ! The
literature of testimonials would gain a welcome
variety from documents couched in such terms
as the following : '' Lord Rosewood presents his
compliments to Messrs. Chicory and Hammer-
stein and assures them that he has never heard
the tones of his voice more accurately imitated
than by their Bessemer steel boudoir pianette."
ions to-day that he did some half dozen years
ago when a similar movement was inaugurated.
At that time he said that under no circumstances
would he accept public office requiring daily
attention to duties. He found then, and he finds
to-day, that his growing business and the multi-
tudinous Interests to which he has given a large
share of attention prevent him from occupying
a place which all good citizens, and THE MUSIC
TRADE REVIEW in particular, would like to see
him occupy. Were Mr. Steinway's business
methods applied to the administration of city
affairs it would undoubtedly be God-send, so
much so, that higher honors than the Mayorality
of the metropolis of our common country could
be assured.
Behr Bros. & Co.'s Sale.
SjTHE receiver's sale of the property of Behr
*& Bros. & Co. was held at their factory on
Monday last, and quite a representation of the
trade was in evidence. The conditions of sale
were as follows:
1
' The interest of said corporation in all of the
above described property will be offered for sale
separately or in convenient lots or parcels, sub-
ject, however, as soon as the sale is complete,
to being immediately offered for sale as a whole,
together with the good will of said corporation,
to any purchaser who will bid a price therefor
in excess of the aggregate selling price of the
several lots or parcels."
It is needless to say that this stipulation did
not give satisfaction to the purchasers and bar.
gain hunters, but it resulted in nearly doubling
the amount received at the first sale, which was
$8,859.85. At the second sale, according to
proviso in condition of sale, the piano factory,
lease of premises, machinery, engines, boilers,
pianos, complete and incomplete, etc., en bloc,
were purchased by Mr. G. R. Turnbull, who is
president of the New York Guarautee and Indem-
nity Co., for $16,200. This, with the amount
realized on a commercial paper, $474.50, made a
grand total for the creditors of $16,674,50. The
sale at the Fifth Avenue warerooms took place
on Tuesday, and the splendid assortment of
instruments went at remarkably low prices.
Brief Newslets.
TROY, N. Y.—The Pierce Piano Co. are now
situated in their handsome new quarters, 22
Third street, which is under the management
of C. G. Bode.
BUFFALO, N. Y.—The body of C. K. Young,
of the firm of C. K. & D. Young, music dealers,
of 350 Main street, was found in the canal near
Tonawanda, N. V. He left home saying he
was going to Black Rock.
SHENANDOAH, IA.—A. W. Moore has opened
a piano and organ store in the Lindenuan
Building.
DES MOINES, IA.—Schinimel & Nelson, manu-
facturers of pianos at Fairbault, Minn., have
opened up quarters at 616 West Locust street,
Des Moines. N. H. Bennett, manager.
RED JACKET, MICH.—Fire here damaged
John Dunslan 's stock of organs and machines to
extent of $8,000.
ITHACA, N. Y.—Ex-Mayor Stewart has
bought the interest of Messrs. Sage, R. B.
Williams, Treman and C. M. Williams in the
northern portion of the plant formerly the prop-
erty of Ithaca Organ and Piano Co. There are
three buildings on it, including the handsome
brick structure costing $15,000 to build.
ASBURY PARK, N. J.—David Crawford, Main
VERY enterprising house—both from an
street music dealer, is seriously ill at his home
inventive and commercial standpoint—is
in West Grove.
the Wegman Piano Co., of Auburn, N. Y. They
NEWHURG, N. Y.—Tompkins & Fiorini, of
have built up a splendid trade, which they are
South Water street, piano dealers, have a piano
increasing week after week, and they have done so
made in Cheapside, London, in 1806.
entirely on the merit of their wares. Mr. Henry
CHARLESTON, III.—Mr. Edward Rider has
Wegman, a very practical and experienced piano
gone into the piano and organ business with H.
maker, has effected numerous improvements in
D. Newman.
the instruments of his house, and he is constant-
HEBRON, NEB.—J. A. Willy, music dealer,
has hired the services of E. T. Hine for the sale
ly in search of meritorious innovations that will
of organs and pianos.
further elevate the Wegman piano in the good
WEBSTER CITY, IA.—Mr. Swanson, recently
opinion of the trade. A recent improvement in
from Normal, 111., is in Webster City with a
the Wegman upright is a strip of bell metal
view of opening a music store here.
which has been placed under the strings on the
FREEPORT, III.—Stockholders of Burdett
wrest plank—it insures a richer and purer quality
Organ
Co., F. J. Burdett, president, F. L. Brock -
of tone. A duet desk, which is worked auto-
meyer, vice-president, and J. H. Brockmeyer,
matically, is another addition which has been
secretary and treasurer.
made to their very popular uprights. The Weg-
ST. LOUIS, MO.—The National Assn. of Piano
man Piano Co. have recently completed a very
Mr. F. Q. Smith as a Fireman. Tuners of Missouri has been granted a pro forma
handsome parlor grand, and are now at work on
decree of incorporation. Chas. P. Waite, presi-
a baby grand which is bound to become a decided 38?HE residence of F. G. Smith, corner of dent, Len Duckworth, vice-president, and W.
favorite with the trade.
-c) Washington and Greene avenues, had a C. Crouse, secretary and treasurer.
narrow escape from destruction at the great
Mr. Daniel F. Treacy.
Tabernacle fire last Sunday ; the fire caught, by
pieces of lighted wood being carried to Mr.
gjtirt, AST Monday's Herald says that a quiet can- Smith's residence by the wind, and the roof and J | N the last number of the Foundry, a journal
<5*fc£ vass of democratic sentiment has been piazza was on fire in about a dozen different
Q) devoted to the iron working interests, a
very handsome portrait of Mr. Daniel F. Treacy,
taken, and as a result Mr. William Steinway is places.
Mr. Smith had only just parted with Doctor of the Davenport & Treacy Company, appears.
looked upon as the one man whose nomination
and
Mrs. Talmage and returned to his home for A complimentary sketch of his career and also
will succeed in saving the party from defeat next
dinner, which it is needless to say he postponed, of the company of which he is a worthy member,
Fall. " He is a business man and a representa- and immediately assumed the role of fireman.
accompanies the portrait. Among other things
tive Democrat," the Hera Id adds, "and while
Mr. Smith has always been regarded as a very it says : " Personally, Mr. Treacy is very popu-
he has not been approached, there is little doubt active, energetic man ; but we question whether lar with all his business acquaintances and asso-
that he could get the nomination should he want his energy was ever taxed more to its full capacity ciates, and possessed of an easy, approachable
than on this occasion ; in an instant his coat, manner that perhaps has much to do with his
it."
collar and cravat were off, and running to the success as a business man."
There can be no question as to the election of
" If there is one thing more than another that
bath-room, he filled the bath-tub, and utilizing
Mr. Steinway to the office of Mayor should he all the pails and buckets at command, he and he takes pride in it is the fact that he is a prac-
accept a nomination, for he would win the sup- assistants kept the fire under control until the tical foundryman, and but few men take as much
port of all classes, and of both parties, who ac- firemen reached the building and prevented it interest in the business or have a more accurate
appreciation of its possibilities and usefulness.
knowledge his worth and admire the splendid from being destroyed.
En passant, we may say that on the eve of The man or set of men that would undertake in
executive talents exercised in connection with
Dr. Talmage's departure for his trip around the his presence to belittle it or those interested or
his own varied interests and in a semi-public
world, Mr. Smith presented him with a handsome engaged in it would have reason to regret that
capacity. But there is no probability of Mr. and costly satchel, a gift which the Doctor they had not chosen some other subject of con-
Steinway accepting, for he holds the same opin- highly appreciated.
versation."
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW.
THE SOHMER CASE.
Mr. Hawes' Synopsis of the
Judge's Findings.
MAY
17th, 1894.
MESSRS. SOHMER & Co.
GENTLEMEN :—I have
already sent you copy
of Findings as proposed by defendant in suit of
Hugo Sohmer, et al., against The Sebastian
Sommer Piano Co., which were signed by Judge
Bisehofl, and wherein, as you will remember the
words '' upon the merits '' were stricken out by
the Court in the conclusion of law dismissing
the complaint. I now send you copy of Find-
ings, as proposed by plaintiffs, together with
the ruling of the Court on each Finding. You
will observe that nearly all the facts have been
found in our favor, especially those which show
the long standing, superiority and high reputa-
tion of the pianos manufactured by your firm,
and the inferiority and cheap workmanship of
those manufactured by defendant. All this is
set forth very fully in the first five Find-
ings, and in the tenth and twenty-seventh Find-
ings.
The Court has also found that the defendant
variously stencils its pianos "Sommer," or
" Sommer Csf Co.," or "Sebastian Somtner," or
" Sebastian Sommer Piano Co./' and also adver-
tises its pianos as '' Sommer Pianos '' (eighth
Finding). The fact that four different stencil.s
are used is suspicious in itself. But by what
right does the defendant—a New Jersey corpora-
tion -make use of the words " Sommer & Co. " ?
That would seem to imply a firm or copartner-
ship, and the resemblance to your firm name of
" Sohmer & Co." is apparent. As there is no
firm by the name of " Sommer & Co." the ques-
tion naturally arises whether this was intended
for an imitation of your firm name. It certainly
is not the corporate name of the defendant. It
would seem as though the Court might have at
least given us an injunction against the use of
the words " Sommer & Co.," as prayed for in
our Complaint. However, you have the satis-
faction of knowing that you have achieved a
moral victory, even if you have been temporarily
thwarted by a legal technicality.
The defendant has on every possible occasion
vociferously asserted its innocence and purity of
purpose, and claimed that plaintiffs were not
actuated by any motive or desire to protect the
public from deceit or imposition, but solely to
advertise their wares. The answer of defendant
further alleges '' that it has no intention or
'' desire to lead the public to believe that the
"said ' Somt/ier ' pianos are the same as the
"pianos manufactured by plaintiffs." This is
sworn to by Sebastian Sommer. Now compare
this statement with the twenty-seventh Finding
wherein the Court finds " That defendant through
its manager expressed a ivillingness that the gene-
ral publie should be misled and deeeived through
the aforesaid use of the word ' Sommer.' "
On the question of business methods and lack
of bad faith or intent to deceive, it would be well
to refer to the Twenty-sixth Finding, wherein
the Court finds " That in the Catalogue of de-
fendant is printed the following notice : ' Every
genuine Sebastian Sommer Piano Company
piano has the name stamped as follows upon the
plate, ' Sebastian Sommer Piano Company, New
York.' THAT SAID NOTICE WAS FALSE IN EACT
AND CALCULATED TO MISLEAD." Comment on
this plain statement from the Judge would be
wholly superfluous.
The answer of defendant further '' denies that
'' the pianos manufactured by the defendant are
1
' inferior to those of the plaintiffs, but alleges to
" the contrary that the scale of the pianos manu-
1
' factured by the defendant is far superior to
" that in the pianos of plaintiffs." In order to
ascertain how much truth, if any, is contained
in this statement of defendant, it is only neces-
sary to turn to the Tenth Finding, wherein the
Court finds that " the pianos manufactured atid
'' sold by defendant are greatly inferior to those
" 7nanufactured by plaintiffs in workmanship,
" material and all the component pa) Is which go to
" make up a first-class piano."
Turn also to the Thirty-seventh Finding,
where the Court finds, " That the pianos manu-
factured by defendant are not ' absolutely first-
" ' class,' " (as claimed in its catalogue), "but
'' on the contrary, are of low and cheap grade,
" poorly constructed of inferior materials, im-
" properly put together, and of inferior work-
" manship."
Without commenting further upon the Find-
ings in this case, I think I have gone far
enough to demonstrate that the Court was prac-
tically with you on all the main facts in dispute,
and that your position is fully vindicated. The
piano trade also understand the matter and thor-
oughly endorse your course in bringing action to
protect not only your firm name but the general
public.
It only remains for me to say that you will
notice that on several of the Findings Judge
Bischoff has written the word '' Refused.'' This
does not mean that the opposite is true, but, as
he himself explains it in a foot-note, ''These
" and similar requests are not to find facts es-
" tablished by the evidence, but to state evi-
" dence. In other words, the Findings marked
"Refused" are true but unnecessary, as they
state the undisputed evidence in the case.
I trust I have made this matter clear. The
victory which you secured in connection with
defendant's Findings is now emphasized by the
Findings in your behalf, as I have shown above.
I remain
Very truly yours,
(Signed)
GILBERT R. HAWES,
120 Broadway,
N. Y. City.
Music leaf turners have received the attention
of inventors for years, but so far the production
of a thoroughly satisfactory one seemed well
nigh impossible. However, this can no longer
be said, for a very practical and satisfactory
music leaf turner has been brought out by the
Music L/eaf Turner Co., 187 Broadway. It is
simple in construction, devoid of all compli-
cated mechanism, and easily and quickly oper-
ated. It is sold at a reasonable price, and
should meet with a demand from musicians and
dealers in small goods.
H. A. SPICER is not connected with the firm
of Geary Bros., New Haven, Conn., as an-
nounced some weeks ago.
30 East
19th street, will be formally dedicated by a con-
cert and general good time next Wednesday
evening, May 23d. The program will be an
interesting one, and the occasion will afford an
excellent opportunity to music lovers to hear
this ingenius and popular instrument performed
upon in a very capable manner by members of
the Club.
THE NEW YORK AUTOHARP CLUB,
THE MASON & HAMLIN ORGAN & PIANO CO.
expect to be in their new building, 136 Fifth
avenue, about June first. The contractor is
making rapid strides towards completion and
expects to be ready at that time. In the
meanwhile, Mason & Hamlin are doing very
nicely in their temporary quarters, Fifth,
avenue and 15th street.
ASUALTmS
THE enterprise of Brother Fox is plainly evi-
denced in the May 10th issue of the Indicator.
The paper of that date contains 116 pages.
Apart from the excellent news features of the
paper, there is a carefully compiled list of music
dealers in the Western States. This alone makes
the paper valuable as a volume of reference, and
as the editor of The Indicator has devoted much
time and study to the compilation of the list, we
may conclude that it is fairly authentic. The
amount of advertising patronage represented in
the number furnishes an eloquent argument in
favor of the popularity of the pioneer music
trade paper of the West.
THE rumor that Mason & Hamlin are giv-
ing up their screw stringer for the old wrest pin
system in their pianos has been contradicted by
Edward P. Mason, president of the Company,
who says : " After twelve years of manufactur-
ing pianos on our screw system our belief is
greater than ever that this is a real improvement
in piano construction."
MR. JOHN C. MINTON, of the well known
music house of Lange & Minton, Burlington,
la., has been honored by being elected president
of a Building & Loan Association recently estab-
lished in that city.
AT the Antwerp Kxhibition, which opened
last week, the French musical instrument manu-
facturers exceed all others in this line of indus-
try. There is a puny showing of American
musical instruments, and, on the whole, it cannot
be said that the general display of American
industries is a representative one.
HAMMACHER,* SCHLEMMER
&
Co.,
of
209
Bowery, have sent us their annual catalogue for
1894. It is a well-printed book of some 164
pages, and it forms a complete representation of
everything required by a piano or organ con-
cern. The book is nicely illustrated, and the
cuts are in every respect excellent. This cata-
logue is confined exclusively to piano and organ
material, and is characteristic of this firm who
are noted for their conservative yet progressive
methods of transacting a business which is now
one of the largest in this line.
WE regret to announce the death of Mrs.
Geo. P. Warren, wife of the senior member of
the Clough & Warren Company, who died at
Sommerville, S. C , where she had been sojurn-
ing for some time for her health. The inter-
ment took place at Chicago, May nth.
THE FARRAND & VOTEY COMPANY have
just closed a contract for a large organ in the
Second Congregational Church, Rockford, 111.
L/VON, POTTER & Co. have signed a lease for
the building on the Southwest corner of Jackson
street and Wabash avenue, Chicago, for ten
years from May 1st, 1895. The building is at
present partly occupied by the Domestic Sewing
Machine Company. It will be entirely remodel-
ed, and when out of the hands of the contractors
will prove one of the most attractive music
houses in Chicago.

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