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.
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.
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW.
In the West
Condition of Trade — Continual Labor
Troubles Depress Business—Will There
Be a Coal Famine? Why Coxeyites
are Like Certain Music Trade
Editors—Elastic Conscience ?
as Well as Currency—
A Fair Presenta=
tion of Facts.
Michigan Melange—Whitney=Marvin Co.
Boom the Chickering—Big Advertis-
ing—"Gildermeister " Incorrectly
Presented—Clough & Warren
Optimistic— Never Have
Shut Down—Farrand
& Votey—The Elec-
trical Wizards.
Clement, of Ann Arbor—A New Piano Case
Organ—A Chat with Norris at Sagi-
naw—Should Be a City of Homes
—A Man Who is Erd To-day —
A New Piano — Barrows
the Banjo Man — At
the Factory of
Chase Bros.
An Up-To-Date Concern — The Pioneer
Piano of the West—The Defunct Nel-
son Piano Co.—An Extensive Ex-
perience—In Grand Rapids—
Conditions — Off for
Chicago.
DETROIT, HICH.
Conditions.
HERE can be no reasonable doubt but that
the series of strikes, lockouts and other busi-
ness disputes, together with Coxeyism and con-
gressional Indifference, have together rolled up a
formidable barrier which effectually blocks busi-
ness prosperity and throws the industrial world
into a turmoil. The worst of it is there seems
to be no end to these vexatious and retarding
ebullitions.
No sooner has one trade adjusted its disagree-
ments than another sharpens up the battle axe
and enters the arena ready for a conflict. These
conditions are discouraging because they seem
interminable.
Sporadic outbreaks like these are of serious mo-
ment to the business prosperity of the nation—
they permeate every trade. The general public,
too, is vitally affected by all these industrial
battles, and they can do nothing but look on
and hope for a speedy cessation of hostilities.
Unless the coal strike is quickly adjusted it bids
fair to seriously effect the manufacturing and
building enterprises. The workmen themselves,
who have been complaining for months that they
could get no employment, seem determined to
indefinitely extend their period of enforced idle-
ness. To any observant mind it is clear that
each outbreak assists to accentuate the depressed
condition of trade. Speaking ot Coxeyism,
what on earth the men expect to gain who com-
pose the rank and file of the industrial '' armies,''
is not clear to all of us. Tramping on through
mud and rain to Washington, and starving on
rations which a self-respecting dog would refuse.
Certainly the crusade has in it little of the
search for work. There can be but one explan-
ation for the march to Washington. The march-
ers are under the influence of a delusion such
as now and then attacks some music trade edi-
tors. They imagine by intimidation and threats
that they can coerce and dictate. With some of
the music trade editors the scheme has been
f
eminently successful. They have secured an
elastic currency equal to their wants. It is
doubtful if the Coxeyites will be as successful in
their senseless clamor for cheap money.
Naturally the music trade is effected in com-
mon with other industries by the unrest preva-
lent in the industrial world. At both factory
and wareroom there is a diminished volume of
trade. With the reduced purchasing power of
the people could we confidently anticipate other
conditions ? Hardly.
It is well to look at things as they are. I do
not believe it pays to give readers other than
the right impression.
Dealers everywhere are purchasing cautiously.
They are depleting their stocks, and during
these times they have embraced the opportunity
of "cleaning house," so to speak, by the dis-
posal of an accumulation of odds and ends repre-
senting the driftwood of years. There is solid
meat of satisfaction in this for the dealer as well
as the manufacturer. It means that when the
great trade arteries of the nation are pulsing
with new and quickened life, that these men—
mediums between the manufacturer and pur-
chaser—will be ready and anxious to replenish
their diminutive stocks. It means also that the
long span between spring and fall purchases will
be narrowed. Trade will extend farther into
the summer months. People will still continue
to buy, and the dealer must have goods to sup-
ply them.
THE TRADE.
Detroit I hold to be one of the best cities in this
country, population considered, for the sale of
musical merchandise. To say that trade here
was up to the normal condition, would be to
state an untruth. It, however, has shown mark-
ed improvement during the past few weeks. The
Whitney-Marvin combination are using consid-
erable space in the daily press. The instrument
which they are advertising prominently is the
Chickering. It is rumored that they will make
some changes in the list of pianos which they
now handle. The Smith & Nixon branch is
full of enterprise. Their advertisements bring
out the Steinway piano prominently. They are
also advertising the Gildemeester & Kroeger in-
struments. But they do murder poor " G i l ' s "
name. This is the way it reads : Gildermeister.
—Gildemeester's best friends have questioned
his judgment in changing the name of the
Kroeger pianos. Probably there was an element
of personal vanity which entered into his con-
sideration of the matter. At any rate, it is now
—as a man remarked yesterday—long enough to
set to music. " G i l " should see to it that
Clarke & Co. should at least spell his name cor-
rectly.
Clough & Warren.
The gentlemen who compose this firm are not
disposed to incline toward a pessimistic view
of men and conditions. It may be said of the
Clough & Warren Co. that their factory was
never closed through all the business vicissitudes
which we have passed. While their forces may
have been reduced, yet they were never com-
pelled to close down. The Clough & Warren
pianos and organs have found admirers on
two continents, and their clientele is ever in-
creasing.
Farrand & Votey.
It seems to me that each time I visit the fac-
tory of this concern I note that extensive addi-
tions have been made to their plant. It is a
forcible argument in favor of the business ex-
pansion of the firm. Farrand & Votey may be
appropriately termed organ wizards by reason of
their clever utilization of electricity in organ
playing. The manufacture of church organs
now occupies an important part in their product.
I had the pleasure of listening to some charming
effects produced by the use of electricity on an
organ just completed by them, specially design-
ed for the Gould Memorial Church, in Roxbury,
N. Y.
ANN ARBOR.
The Ann Arbor Organ Co.
Lew H. Clement, the general manager of the
Ann Arbor Organ Co., had grown "bearded as a
Pard" since I had last greeted him, and I mus r
confess I hardly knew him. I found that he was
the same versatile Clement whom I had met
years ago, just overflowing with business ideas
and theories. Mr. Clement is most loyal to the
Ann Arbor organ, and after that I believe the
Mehlin piano most interests him. I may add
here that I have found the Mehlin mentioned in
eulogistic terms all over Michigan.
Accompanied by Mr. Clement and Mr. All-
mendinger, who attends to the practical depart-
ment of the business, I toured the factory. The
Ann Arbor organs have a distinct individuality.
As Mr. Clement says, " they are different from
any other organ.'' Particular care is bestowed
upon the case work. The finish is remarkable.
They will have out in the near future a new
style of a piano cased organ. Special features
which the instruments possess will create a
lively demand for them,
SAGINAW.
" You see," said Mr. C. M. Norris, the well-
known dealer of Saginaw, after I was comfort-
ably ensconced in his private office, '' that many
people have a false idea of Saginaw as a business
point. An unfortunate situation for trade here
is in the fact that many of our wealthy men who
have made millions in lumber here, take
their accumulated wealth and reside in Detroit
or cities further East. Instead of investing their
money in Saginaw property and enhancing real
estate in our city, they retire with their wealth
to other cities. Again, the lumber interests
here are in a sense detrimental, for while they
are the principal industry here, yet they only
give employment to a number of men a few
months of the year. Then, when they are idle,
the butcher and the grocer have to carry them
until they get employment again ; thus they
are, as a rule, always in debt. What we need
here is steady employment the year through,
then the men build homes. No, the sooner
Saginaw enters into manufacturing then we
will move forward rapidly. L,ook at Detroit
and Grand Rapids. They never prospered in
anything like the ratio in the old days when the
saw-mills lined the banks, that they have since
those mills have given place to manufactories
of varied products. Saginaw has a great future,
but she will not prosper in the degree that she
would if the superb manufacturing facilities
here were utilized. The piano business has, of
course, suffered, and now my collections are
coming in very slowly."
Frank H. Erd.
-
; v
It required considerable nerve to commence
the manufacture of pianos in Saginaw, but it
seems that Frank II. Erd possessed the requisite
amount of courage to take the initiatory. He
has been for a number of years a dealer at this
point, and last year he began the manufacture of
pianos. Mr. Erd is a musician of considerable
note, and he knows a good instrument, and
more, he knows how to build it. The Erd
piano possesses merit. Mr. Erd contemplates
the formation of a stock company and the erec-
tion of a large factory in the near future.
Barrows flusic Co.
J. F. Barrows has achieved considerable
notoriety as an inventor. Some years ago he

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