Music Trade Review

Issue: 1898 Vol. 26 N. 11

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
VOL. XXVI. No.
Published Every Saturday at 3 East Fourteenth Street New York, March 12,1898.
fir. Fischer's Lawyers Explain
ANENT THE PERPETUAL INJUNCTION GRANTED
THIS WEEK TO BESSON & CO.
The following statement appeared in-the
New York Commercial of March 8:
Judge Lacombe, in the United States Circuit
Court for the Southern District of New York, has
granted to Besson & Co., of this city, a perpetual
injunction restraining Carl Fischer and his em-
ployes from using the company's trade-mark,
"Prototype," and the trade name. "Besson & Co."
as applied to brass wind musical instruments."
When The Review called at the Fischer
warerooms on Thursday, Carl Fischer's at-
tention was drawn to the above and his views
asked for concerning its accuracy. "•'
Mr, Fischer declared it to be entirely
erroneous, and referred The Review to his
attorneys. Seymour & Harmon, of 27 Pine
street, for the facts.
Referring to the statement in the Commer-
cial, above quoted, a member of the firm of
Seymour & Harmon, speaking for the firm,
said yesterday:
"This is an error and does Mr. Fischer an
injustice. Fontaine Besson of Paris per-
suaded Mr. Fischer to take a quantity of in-
ferior French-made wind instruments marked
'Prototype,' that they might be sold in this
country as the genuine 'Prototype' wind in-
struments made by the well-known firm of
Besson & Co. Ltd., of London.
"The injunction forbids the sale of these
inferior French-made instruments in this
country in degradation of the well-known
grade of Besson instruments manufactured
and sold by Besson & Co., Ltd., of London.
"Mr. Fischer has long been and is now the
sole agent of Besson & Co., Ltd., of London,
for the sale of the well-known Besson instru-
ments in this market. And it was to prevent
an alleged fraud upon this trade that the in-
junction was granted.
"You are at liberty to use our names in
correction of the paragraph referred to."
Embezzlement Alleged.
[Special to The Review.]
Chicago, 111., March 7, 1898.
Joseph Bernalak, formerly manager of the
United States Guitar and Zither Co., of
Baltimore, was arrested in this city to-day
and will be taken to Baltimore to answer the
charge of the alleged embezzlement of sev-
eral thousand dollars from his firm. Mary
VVesterham, formerly Bernalak's stenographer,
was arrested with him as an accessory.
$2.00 PER YEAR.
SINGLE COPIES, 10 CENTS
Edward P. Mason on the Busi- ** New York Piano Manufacturers'
ness Outlook.
Association."
Edward P. Mason, president of the Mason
& Hamlin Co., Boston, has been tarrying
within our gates for the past few days. In
the course of a chat with The Review yester-
day he expressed himself as most enthusias-
tic regarding the business outlook as far as it
affected the Mason & Hamlin Co.
"Never before in the history of our house,"
said Mr. Mason, "have prospects looked so
bright.
Our new scales pianos, both
upright and grand, are universally admired
and better still, they are being purchased.
Representatives are sending in substantial
and frequent orders, accompanied by state-
ments that the tonal quality, superb finish
and artistic casings of our instruments are
compelling most favorable criticism.
Of
course this is pleasing to us, as the policy of
the firm has ever been to make only the best.
If this war talk doesn't have a deterring influ-
ence, I am confident that 1898 will be one of
the most successful business years in the his-
tory of our institution."
It was indeed a great pleasure to The Re-
view to find Mr. Mason looking so well and
in such splendid spirits. A keen student of
the trend of affairs in the business world; and
a cultured gentleman who is largely interested
in the artistic side of the piano business, Ed-
ward P Mason is exerting no small in-
fluence in the sphere of his own Business,
and on the industry at large.
AT A MEETING HELD THIS WEEK THE ABOVE WAS
ADOPTED AS THE TITLE OF THE
LOCAL ORGANIZATION.
The American Piano Manufacturers' Asso-
ciation, formerly the Piano Manufacturers'
Association of New York and Vicinity, met
on Tuesday at the Union Square Hotel.
There was a good attendance of members.
In the absence of President Hazelton, un-
avoidably detained, Robert C. Kammerer
occupied the chair. The Secretary, H. Paul
Mehlin, was at his post, the remainder of the
officers also being present.
The only business of importance to the
trade generally was the adoption of a resolu-
tion whereby the name of the association
again becomes local, in order that no confu-
sion may arise in correspondence, etc. Since
the formation of the National Association,
the name •'American" has been confounded
with "National."
To avoid this in future, the local associa-
tion has resolved that its name henceforth
shall be the "New York Piano Manufacturers'
Association." The by-laws will be changed
accordingly.
Won by the Importers.
DINGLEY BILL DECIDED NOT OPERATIVE UN-
TIL THE MOMENT IT WAS SIGNED BY
THE PRESIDENT.
[Special to The Review.!
Gaining in Membership.
The National Piano Manufacturers' Associ-
ation is branching out slowly but surely.
Accessions are being made to its ranks week
after week. Since the last roster of members
was printed, which contained fifty names if
we remember rightly, the following firms have
joined the Association: The W. W. Kimball
Co., Chicago, 111.; Mason & Hamlin Co.,
Boston, Mass.; Emerson Piano Co., Boston,
Mass.; A. B. Chase Co., Norwalk, O.; Jew-
ett Piano Co., Leominster, Mass.; New Eng-
land Piano Co., Boston, Mass.; Webster
Piano Co., New York, N. Y.; Hazelton Bros.,
New York, N. Y.; Weser Bros., New York,
N. Y.
The J. & C. Fischer products are being
made and shipped at a lively rate. The re-
cent trips of the firm members have brought
forth excellent results.
New Haven, Conn., March 10, 1898.
Judge William K. Townsend, of the United
States Circuit Court, gave an important de-
cision to-day regarding imports received
about noon on July 24, 1897, the Dingley
bill being signed that afternoon.
It was ruled by the Collector of New York
that duties should be imposed under the
Dingley bill, asserting it applied to all goods
received that day. The Board of Appraisers
upheld the importers, who appealed from the
Collector's decision. Now, on appeal by the
government, Judge Townsend upholds the ap-
praisers.
Hustling Frank Burns.
Frank B. Burns reached town again on
Wednesday. It is unnecessary to remark
that his trip was successful. Some of his
friends suspect that he has a rabbit's foot—
and other charms—with him when he travels.
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW
LYMAN
Editor and Proprietor
PUBLISHED EVERY SATURDAY
3 East 14th St., New York
SUBSCRIPTION (including postage), United States,
Mexico and Canada, |a*>o per year ; all other countries,
ADVERTISEnFNTS, $2.00 per inch, single column, per
insertion. On quarterly or yearly contracts a special dis-
count is allowed. Advertising Pages $50.00, opposite read-
ing matter $75.00.
REMITTANCES, in other than currency form, should
t>e made payable to Edward Lyman Bill.
Entered at the New York Post Office as Second Class Matter.
NEW YORK, flARCH 12, 1898.
TELEPHONE NUMBER,
1745—EIQHTEENTH STREET.
THE KEYNOTE.
The first week of each month, The Review will
contain a supplement embodying the literary
and musical features which have heretofore
appeared in The Keynote. This amalgamation
will be effected without in any way trespassing
on our regular news service. The Review will
continue to remain, as before, essentially a
trade paper.
THE WHEAT FROM THE CHAFF.
Wiser and braver still are those who, hav-
ing dispovered the "causes," have replaced
old ideas by modern methods and have pre-
pared themselves to enter the battle for trade
equipped with powerful armament and com-
petent generals. Success is certain to alight
on their banners. t
rather hard on the merchant transacting in-
stallment trade, provides that the merchant
or dealer who makes the seizure of any
goods sold on account of nonpayment of in-
stallments shall hold the same in his posses-
sion for twelve months before he can resell.
This is designed with the object of pro-
tecting people who are compelled through
NOTWITHSTANDING the outcry of the accident or other inabilities to meet their pay-
sensational papers which have several times ments.
Assemblyman Perkins is the author of a
"declared war," the patriotic action of both
branches of the Legislature this week in appro- bill relating to the giving of statements by
priating $50,000,000 for the national defense, merchants desiring to obtain goods on credit.
has had a most reassuring effect upon the This bill has the support of the New York
business of the country, and has created a Credit Men's Association and proposes to
amend an existing law which, as it now stands,
good impression abroad.
The keynote of the discussion, previous to provides that a purchase of property by
the passage of the measure, was " i t is not a means of a false pretence is not criminal
war appropriation, but a peace measure," and where the pretence relates to the purchaser's
this sensible view of the matter is in keeping means or ability to pay unless the pretence is
with the calm, level-headed, patriotic policy in writing and signed by the party to be
which has actuated the President since the charged.
destruction of the "Maine."
Mr. Perkins' bill proposes to qualify the
There is no better or more effective means foregoing as follows:
"For the purposes contemplated in section five
of preserving peace than being by amply pre-
hundred and twenty-eight and this section a pub-
pared to meet any war emergency. The Pres- lished, signed statement of one's means or ability
ident with $50,000,000 at his command is now to pay coming to the knowledge of the vendor
enabled to protect adequately the enormous shall have the same force and effect as a signed
statement made to him. If said signedstatement
interests of the nation and he can be relied shall state that it is for the purpose of obtaining
upon to do his full duty should more serious continuous credit, and if said continuous credit
shall have been given* in reliance on said signed
complications arise.
statement, each sale for a reasonable time after
It is indeed refreshing to notice the the making of said statement shall,for the purpose,
unanimity with which all parties joined of prosecution under this section and section five
hundred and twenty-eight, be considered to have
hands in support of the administration this been made in reliance upon said signed statement."
week, particularly when a number of sensa-
Another bill introduced by Senator Guy,
tional papers have been indulging in the
and which had a hearing before the Judi-
most unreasonable and unfounded attacks on
ciary Committee of the Assembly last Wed-
the executive.
nesday, is designed to prevent misleading
While realizing that it is by no means im- and dishonorable advertising, especially to
possible that we may ultimately have to face put an end to the holding of transient " bank-
trouble with a foreign power, it is a good rupt," " f i r e " and "assignee sales," which
omen, both for trade and for the soundness not only injure the business of the honest
of the conclusions which we shall reach in the merchant, but being fraudulent in their na-
Cuban affair, that Uncle Samuel and his big ture, mislead and deceive customers. The
family have so far kept cool and businesslike. bill is warmly supported by the Merchants
DEGARDING the business outlook for the
present season, it is pleasing to note that
there is a healthy optimistic sentiment abroad.
Especially noteworthy is the fact that a num-
ber of manufacturers have resolved to do
something they have never done before—
they have determined to quit making poor
excuses. They have discovered that it is
not always well to blame times or conditions
for inability to make progress.
They have more critically and carefully
looked into their own methods and manage-
ment and not a few have found room for im-
provement, and the beauty of it is that the
new scheme is working like magic.
They have found that the policy of con-
servatism—admirable though it may be in
many ways—is not a wise or a paying one in
this progressive age.
On all sides, concerns with the right kind
of management continue to get bigger and
stronger whether depression or prosperity is T H E legislative mill at Albany is at present
grinding away at a number of bills which
the general condition of the country. They
directly
interest the members of our industry
are doing more business to-day than they
ever did before, because they recognize the as well as merchants throughout the State.
importance of keeping their wares and name They are no doubt designed for a good pur-
before the public, and seeking business in- pose, but some of them, particularly one of
the installment bills, may work direct injury
stead of being sought.
There are still others whose machinery is to piano dealers and others doing business on
rusty, clogged with indifference, and who the installment plan.
One of these bills which was introduced by
seem to overlook the necessity of applying
Mr.
Ford in the Senate provides that there
the essential oils. Some of these people will
shall be printed upon each contract or in-
never catch up again.
stallment
sale papers, the legal provisions de-
The reason is not difficult to find, and much
of it is caused by a failure to understand that fining the rights of purchasers, and unless
success to-day must be won along new lines. such provisions are printed, the vendor shall
Wise are they who have looked inside, not not be allowed to resell the goods seized in
outside for the causes which have kept their default of installment payment.
Another bill along the same lines which is
business from advancing.
and Manufacturers' Board of Trade of this
city, and by business organizations in all the
leading cities of the State. The prospects
are that the bill will be favorably reported,
and will shortly become a law.
The State Bankruptcy Bill is another meas-
ure which bids fair of a speedy passage.
The, purpose is to give the honest debtor a
"fair show" and to drive out of existence
the frauds and schemers who exist by fleec-
ing the honest merchant. This measure has
met with warm support. It is a step in the
right direction toward strengthening the
bankruptcy laws.
It is a remarkable fact that business men
as" a general thing do not take sufficient inter-
est in legislation that would better their in-
terests, and to this is due the fact that

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