Music Trade Review

Issue: 1895 Vol. 20 N. 25

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW.
All band musicians shall be enlisted as
The Music Publishers' Associa- their desire to effect a change, have placed
such
and assigned according to their effi-
the
sum
of
$50.00
with
the
publishers
of
tion.
the Brochure Series of Architectural Illus-
S a result of the meeting of music trations, a very attractive magazine pub-
publishers held last week at the Gil- lished in Boston, to be divided into prizes
sey House, in this city, an organization for the best designs of upright or cabinet
called the "Music Publishers' Association piano cases. Sketches, not finished draw-
of the United States," was formed for the ings, are called for. Commenting on this
promotion of friendly and social intercourse offer, the editor of the magazine remarks
among the members of the association, and that the subject is one that needs the atten-
all necessary action which tends to the tion of good designers, and praises the
elevation of the tone and character of the Henry F. Miller & Sons Piano Co., who he
trade. The proper correction of abuses says have made a steady advancement in
which may arise from time to time, and the the artistic qualities of their piano cases.
amelioration of evils which may effect the This step inaugurated by the Henry F.
trade. The establishing of a bureau of Miller & Sons Piano Co., is a most com-
credits for the prevention of losses to the mendable one, and should be productive of
trade through unworthy individuals who something new in the way of piano case-
may seek credit of the various members. designs. It will stimulate the production
The protection of American copyright of artistic work on the whole, and will do
publications against infringement by for- much to educate the people as to the re-
eign publishers, as well as the importation quirements of special designs for interior
into the United States by dealers and decoration.
others, of works which are protected (or
should be protected) by United States copy- C. G. Conn's Efforts to Reorgan=
right laws. The necessary action looking
ize the Regimental Bands of
toward a revision and improvement of the
the U. S. Army.
administration of the present copyright
system, with the view of making it an ad-
GREAT deal of interest has been
junct of greater value to the publishing in-
manifested in the success of the bill
terests of this country than it now is. The for the improvement of the U. S. Army
coming together, at stated periods, of the bands r introduced during the last session of
members of this association for wholesome Congress by the indefatigable C. G. Conn.
and profitable discussion relative to the According to Truth, the bill was referred
conditions of the business in their respec- to Committee on Military Affairs, and no
tive localities with a view to the improve- report was made before adjournment. It
ment of both the matter and the manner of is expected, however, that it will be favor-
conducting the publishing of music and its ably reported on and adopted by the next
literature.
Congress. The full text of the bill was as
The following officers were elected: J.F. follows:
Bowers, Lyon & Healy, Chicago, president; A KILL TO PROVIDE FOR THE REORGANIZATION
OF REGIMENTAL BANDS OF THE UNITED
G. L. Spaulding, Spaulding & Gray, New
STATES ARMY.
York, vice-president; Chas. B. Bayley,
John F. Ellis & Co., Washington, secre- Be it enacted by the Senate and House of
Representatives of the United States' of
tary; E. S. Cragin, C. H. Ditson & Co.,
America in Congress assembled:
New York, treasurer. In addition to which
That there shall be allowed to each regi-
an Executive Committee, consisting of J.
F. Bowers, W. M. Bacon, P. P. Gibbs, ment of the Army of the United States a
Hamilton S. Gordon, and Thos. B. Harms, military band, and shall consist of: One
bandmaster, one chief musician (assistant
were elected to serve for one year.
With the formation of the new associa- bandmaster), one principal musician (act-
tion, the old Publishers' Association passed ing band sergeant), eight musicians of the
out of existence. Judging from the cali- first-class (privates, solo performers), ten
bre of the officers of the new organization, musicians of the second-class (privates),
active steps will now be taken whereby the twelve musicians of the third-class (pri-
department stores will not be allowed to un- vates), the acting drum major to be taken
dersell legitimate music stores as they are from the third-class only, giving, in all,
at present doing. There are other import- thirty-three musicians or performers on
ant matters in this special branch of the various instruments, who shall be paid and
music trade industry which will undoubt- graded the same as the West Point Military
Academy Band.
edly receive attention in due time.
The bandmaster shall be a warrant officer,
namely,
a grade between that of a commis-
Artistic Piano Cases.
sioned officer and an enlisted man, to be
HERE are few departments of piano appointed, after a thorough examination
manufacturing so worthy of special at- and the approval of the regimental com-
tention as the designing of cases. There mander, by the Secretary of War, at a sal-
has always been a marked sameness in case ary of $100 per month, in addition to al-
structure, but we are pleased to say some lowance of fuel and quarters.
progressive houses are now paying close at-
The chief and principal musicians shall
tention to this department, and with good be appointed from the first-class grade
results.
Among these concerns may be only, by the regimental commander, after
mentioned the Henry F. Miller & Sons a musical examination and recommenda-
Piano Co., of Boston, who as a proof of tion from the bandmaster.
A
A
T
ciency, determined at date of enlistment,
and' thereafter classed according to their
progress and efficiency as musicians.

Each applicant for the position of regi-
mental bandmaster shall be examined by a
board of officers at any regimental head-
quarters; the board to determine upon his
moral and physical qualifications, and the
bandmaster of the regimental band shall
report upon the professional proficiency of
each applicant, who shall be able to arrange
music in all of its parts for a military and
string band, be able to conduct the same,
be a performer upon at least one instru-
ment, and capable of instructing in the use
of all instruments for military bands and
orchestras.
The Ann Arbor Organ Co. to
Enlarge Facilities.
T is always a pleasant thing for citizens
to learn that one of their home indus-
tries is so crowded with orders that it must
enlarge its factory. It shows that the
goods turned out must be of the best
quality, and that the business management
must be good. Every one who has the
business interests of the town at heart, feels,
under such circumstances, that it concerns
him personally to help such an industry
along with sufficient capital to help enlarge
the manufacturing facilities. This is just
the case at present in Ann Arbor. The
Ann Arbor Organ Co., in spite of the de-
pressed times, have kept at work, and have
been making money. Now it has come to
the point that if the factory is not enlarged
it will have to cut down future orders.
Secretary Clement has been indefatigable
in working night and day for the company,
and his work has told so effectively that
orders are coming in at a lively rate. On
Tuesday evening a meeting of the Board
of Directors of the company will be held to
consider the question of selling more stock
and putting up an additional brick build-
ing. It is hoped that the gentlemen may
see their way clear to enlarge the factory.
— Washcntaw Evening Times, Ann Arbor,
I
Mich.
:
" *~ " •
A Vocal ion Catalogue
HE Mason & Risch Vocalion Co. have
gotten out a handsomely printed cata-
logue containing explicit information re-
garding the principles which underlie the
wonderful tone quality produced by the
Vocalion system as well as its resources and
points of superiority. An idea can be
gleaned from this book of the spontaneous
and cordial appreciation which has been
extended to these instruments by the musi-
cal profession. Eminent organists and
musicians and purchasers representing
churches, educational institutions and pri-
vate citizens, have written complimentary
letters which are an unqualified and unani-
mous endorsement of the Vocalion organs.
To all interested in this instrument we
would recommend writing for this interest-
ing catalogue.
T
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
i6
THE MUSIC TRADE REVIEW.
Recent Legal Decisions.
of Fitzpatrick vs. Engard, the plaintiff paid orphan asylum or some other charitable in-
$100 on account of the purchase of two stitution. There is lots of'hustle' in that
houses of defendants, receiving a receipt old-fashioned town, and the writer spent
signed by one Parker as attorney for de- four days of great interest there. There is
fendants, which receipt set forth the price, a very decided preference given to our
the street and number of the houses, and transposing keyboard at that point where
that a good title would be given or the it comes in direct competition with a
$100 would be refunded. Parker had no Canadian piano manufactured with a simi-
written authority to sign the receipt, but lar attachment.
"Wiley B. Allen, of Portland, Oregon,
one of the defendants was present and
agreed orally to its terms. The Court held had an informal entertainment at his house
that, even if not entitled to specific per- when the writer was there, and put the
formance, the plaintiff was entitled to re- Graphaphone to practical use by transfer-
ceive back the money paid on account and ring a lot of the professional reminiscences
his expenses, and that, therefore, the bill of the writer's days to the mystic cylinders,
would not be dismissed, upon a demurrer. and now he declares that he has only to
roll the Graphaphone into his front parlor
to experience a second visit with all the
The Popular Pease Parlor Grand. attending gymnastic musical spasms to
which, he writes, he occasionally trtats his
OME two weeks ago we reported in boon companions and friends.
these columns the remarkable success
"Business with the Bush & Gerts Co. in
of the Pease parlor grand, which we had May was the best in two years, and this
the pleasure of hearing at the Meola con- month promises to keep close to it, al-
cert given in Carnegie Hall. The artistic though there is a slight dropping off, owing
success which it achieved on that occasion to the increased warm weather, even here
was hardly surprising to those who had the within the pale of Lake Michigan's breezes.
pleasure of examining this instrument, but
" I suppose you will be out here along in
to the critical audience it was something of July and August to cool off. Let us know
a revelation. They were charmed with beforehand, and we will arrange with the
its tone quality, and the liberal applause weather clerk to send a few zephyrs from
bestowed on the performer, Prof. Newell, the northwestern regions while you are
was a direct tribute to the instrument. here to maintain the illusion and save
The Pease parlor grand is bound to prove a laundry bills.
money-maker for the dealer, and add to the
"Had a short trip up in Michigan since
reputation of the manufacturers, and they returning from the West, and succeeded in
will undoubtedly receive ample proof of placing an elegant Bush & Gerts grand in
this in the fall, provided they take the nec- competition with two of the best known
essary steps to make it better known.
standard makes at close prices.
"With best wishes, believe me,
From San Diego to Victoria.
"Sincerely yours,
[PREPARED FOR THE MUSIC TRADE REVIEW.]
INSOLVENT CORPORATIONS — SALARY OF
EMPLOYEES—TIME CONTRACT.—It was held
in the case of the Philadelphia Packing &
Provision Co. 's estate that where a person
was elected secretary of a corporation to
serve for the ensuing year, and at the same
meeting, by separate resolution of the
Board of Directors, his salary was fixed at
the rate of $2,500 per annum, and subse-
quently his salary was fixed at $30 per
week, the contract will be construed to be
a hiring for the year at the rate nominated.
In England, a general hiring, or a living,
by the terms of which no time is fixed, is a
hiring for a year. With us, the rule is in-
flexible, that a general or indefinite hiring
is prima facie a hiring at will; and if the
servant seeks to make it out a yearly hiring,
the burden is upon him to establish it by
proof. A hiring at so much a day, week,
month, or year, no time being specified, is
an indefinite hiring, and no presumption
attaches that it was for a day, even, but
only at the rate fixed for whatever the
party may serve. It is competent either
party to show what the mutual understand-
ing of the parties was in reference to the
matter; but unless their understanding was
mutual that the service was to extend for
a certain fixed and definite period, it is an
indefinite hiring, and is determinable at
the will ot either party, and in this respect
there is no distinction between domestic
and other servants: Wood on Master and
Servant, §136, citing De Briar vs. Minturn,
1 Cal., 450; Franklin, etc., Co. vs. Harris,
24 Mich., 115; Wilder vs. U. S., 5 N. &
H. (U. S. Court of Claims Rep.), 462; Har-
vey vs. Caldwell, 35 Ark., 156; Tatterson
vs. Suffolk Manf. Co., 106 Mass., 56.
The Court say: "The secretary hired
under an employment by the year, with
a supplemental agreement for the in-
crease of his salary if other duties were ac-
cepted by him.
He did accept other
duties, and a change was made in his sal-
ary with his consent, and the pay-days
were changed from monthly to weekly pay-
days. This was the only change made.
His original contract for a year was not in
any wise changed or affected, but it still
continued as an employment by the year.
Hence, he is entitled to compensation for
the remainder of the year, or until he ob-
tained other employment. When a hiring
is by the year, or at a yearly salary, the
fact that the payments are to be made
quarterly, monthly, or weekly, does not
change the contract from a yearly to a
quarterly, monthly, or weekly hiring:
Kirk vs. Hartman, 63 Pa., 97; Hand vs.
Clearfield Coal Co., 143 Pa., 408. Insol-
vency of an employer does not put an end to
the obligation of a contract to pay for ser-
vices so as to deprive the employee of his
salary after the insolvency: Vanuxem vs.
Bostwick, 1 g W. N., 74. "

AGREEMENT TO SELL REAL
SPECIFIC PERFORMANCE.—In the
ESTATE-
recent case
S
"W.
L. BUSH."
ILL L. BUSH, of the Bush & Gerts
Piano Co., Chicago, has just returned One of the most Artistic Journals.
from a trip through the Pacific Northwest,
and sends us a very interesting communi-
HE Jewish Times, one of the leading
cation regarding some of the sights which
papers of New Orleans, says the fol-
he saw. Mr. Bush would be a mighty lowing:
valuable acquisition to the newspaper fra-
"One of the most artistic journals com-
ternity if at any time he desired to swap ing to our exchange table, THE MUSIC
professions.
TRADE REVIEW, of New York City, con-
"I have just finished looking through ceived and carried into execution an ex-
your issue of June 15, and find it a very clusive Southern Number, handsomely em-
spicy and interesting paper, as it always is. bellished and devoted to musical interests
I have lately got back from a trip to the South, as well as giving ample space to the
coast, during which I took in the entire trade in Spanish-American countries to the
stretch of country from San Diego to Vic- southward, publishing this feature in the
toria. As a result of the trip, we now have limpid language of ancient Castile.
ten good new agencies west of Salt Lake
An appreciated feature of this magnifi-
City, and have had some splendid letters cent trade review is the article aptly
and duplicate orders already, although it is termed "The House of Grunewald."
but three weeks since my return. The
Bush & Gerts was used with great satisfac-
MANUFACTURERS desiring tools for piano
tion by the Whitney Opera Co. At Vic- or key making should not fail to look up
toria, British Columbia, their prima donna, the old established house of J. Erlandsen,
Dorothy Morten, gave a very fine testi- 172 Centre street, this city. Mr. Erlandsen
monial letter regarding the instrument. has won a deservedly high reputation for
We have a very live and active agent at the reliability of his wares.
that point, who has already placed the Bush
& Gerts at the 'topmost round of the lad-
IF two tuning-forks of the same pitch
der,' and has an open challenge to place it are placed facing each other, the one sound-
alongside of any of the pianos sold in ing, the other silent, in a few seconds the
Canada, to spar an unlimited number of silent one will be giving out a distinctly
rounds for points, loser to be donated to an audible note.
••
.•.»-•*.-
;
W
T

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