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THE MUSIC TRADE REVIEW
Sousa Loses.
WIDOW OF DAVID BLAK.ELY, BAND MANAGER,
OBTAINS DECISION AGAINST COMPOSER,
INVOLVING $IOO,OOO.
John Philip Sousa, the "March King,"
must share his earnings from published
compositions with the Blakely estate.
This is the decision of the referee in a
suit brought by the estate.
In 1892, Blakely, then living, made a
five year's contract with Sousa which pro-
vided that Blakely, as manager, should
share equally with Sousa the profits of all
the latter's compositions as well as of the
band concerts ending May 23, 1897.
In 1896 the contract was renewed for
three years. Two months after this re-
newal Blakely died and Sousa claimed that
his death terminated the contract. Suit
was brought by the estate.
The referee decides that the contract in
as far as it covered concerts was annulled,
but that the Blakely estate had a continued
right to one-half of all the royalties from
the compositions as long as they should be
earned without respect of time.
Sousa is also required to turn over
the library of the band, and to pay for
the use of it. The decision also directs
Mr. Sousa to account for all moneys re-
ceived from the sale or use of music com-
posed by him prior to Mr. Blakely's death,
and to pay one half of all such sums to
Mrs. Blakely. " E l Capitan" and " T h e
Bride-Elect" are included in this decision.
The amount involved may reach as much
as $100,000 and $15,000 a year hereafter.
The matter will be appealed to a higher
court.
Pianos and the Laws of Texas.
The law affecting the sale of pianos in
this State, where time is given and liens
retained, is especially gratifying, in view
of the fact that the dealer, or factory, is
fully protected in such a class of business
and have but little trouble in regain-
ing possession of the instrument, in
default of payment by the purchaser.
It is only necessary that the proper care be
given the formation of the contract, in
which case no amount of legal procedure
can affect the right of the salesman to de-
mand the property.
In cases where
trouble is experienced in this direction,
you will almost invariably find that the
cause is due to negligence or incompetency
in filling out the form of contract, wherein
a seemingly small discrepancy might
change the entire meaning of the article.
Extreme caution should be exercised with
reference to this matter and all such paper
should be subjected to a critical examina-
tion, as to its construction. Years may
pass without any trouble from this source,
following which may appear complications
resulting in considerable loss.
Further-
more, the same care that is taken in the
sale of goods to the poorer class of people
should be doubled in your dealings with
those who are seemingly in good circum-
stances, for observation has demonstrated
that three-fourths of the unsatisfactory
business originates therefrom.—Musical
Observer, Dallas, Tex.
flme. Emma Eames and the
Kimball Piano.
Last Tuesday was a great day for the
retail department of the W. W. Kimball
Co., and Edgar C. Smith, the popular
chief retail salesman of the establishment,
has been receiving the congratulations of
his friends in the trade ever since. Mme.
Emma Eames, one of the greatest of oper-
atic prima donnas, and a woman of the
highest type of artistic accomplishment, is
a great admirer of the Kimball piano.
She has again and again expressed her
hearty appreciation of the tone quality of
the instrument, and at one time sent a
written testimonial to the W. W. Kimball
Co., in which she declared that she was
charmed by its beautiful tone.
There is a close relation between this
testimonial and a certain event that oc-
curred last Tuesday, and that is why we
mention the matter. On that day Mme.
Eames, accompanied by her husband,
Julian Story, the painter, called upon Mr.
Smith at the Kimball warerooms and de-
sired to inspect the Kimball baby grand.
The result of this inspection was that she
selected an instrument for her personal
use and ordered it shipped to her. The
fact is more than eloquent. It shows in
what high esteem the Kimball piano is
held by our distinguished artists.
The baby grand purchased by Mme.
Eames is cased in a beautiful mahogany.
—The Indicator.
Application for Discharge in
Bankruptcy.
The following notice regarding the ap-
plication of Messrs. Phelps & Lyddon is
interestirg, inasmuch as it is the first
made by any members of the music trade
for relief under the statutes of the new
national bankruptcy law.
In the District Court of the United States,
For the Northern District of New York,
In Bankruptcy.
In the Matter
Marus S. Phelps and Fred B j" N
Lyddon, Bankrupts.
a 9
°
To the - creditors of the above named
Marus S. Phelps and Fred B. Lyddon.
Notice is hereby given that the said
Marus S. Phelps and Fred B. Lyddon have
filed in the District Court of the United
States for the Northern District of New
York, an application for their discharge in
bankruptcy under the Act of Congress en-
titled "An Act to establish an uniform sys-
tem of bankruptcy throughout the United
States" approved July r, 1898, and that
by an order of the said Court made on the
16th day of November, 1898, the hearing
upon such application will be had at the
United States Court Room in the Govern-
ment Building in the city of Utica, N. Y.,
on the 6th day of December, 1898, at ten
o'clock in the forenoon of that day, at
which time and place the creditors of the
said bankrupts and all persons interested
are by said order required to show cause if
any there be, why such discharge should
not be granted.
Dated November 17th, 1898.
Cjuincy VanVoorhis,
Referee in bankruptcy.
What F. Q. Smith Says.
BUSINESS SHOWING BREAKS ALL RECORDS-
DOES NOT SEE A CLOUD ON THE BUSI-
NESS HORIZON BRADBURYS IN
GREAT DEMAND.
The Review met Freeborn G. Smith,
that grand young-old man of the music
trade on Tuesday, and after a cheery
greeting he proceeded in his characteristic
and enthusiastic way to tell The Review
about trade conditions.
"Business," said Mr. Smith, "in every
institution in which I am interested is re-
markably good, in fact the showing for
this fall breaks all records. We are work-
ing night and day to fill the orders which
are reaching us in large numbers daily.
In the West the demand for the Bradbury,
and other pianos which I am interested in,
is tremendous. James M. Hawxhurst, the
Chicago representative, is kept as busy as
can be looking after the wants of custom-
ers in that section. The condition of af-
fairs in the West is duplicated in the East
and South in perhaps a slightly lesser de-
gree. In the Washington, New York, Jersey
City and Brooklyn establishments retail
trade was never better. Altogether I have
good reason to feel enthusiastic and pleased
over the situation. I now look forward to
a long period of business prosperity.
There is not a cloud in the business hor-
izon; everything is free and clear fora
steady development of the business inter-
ests of the country. Our present line of
styles in Bradbury, Henning and Webster
pianos is winning most favorable notice
everywhere. In the mean wile we are not
standing still, new styles are being added
all the time so that we intend to be in the
future, as in the past, right in advance of the
times."
Mr. Smith is much interested in the new
"Bradbury Building" on Fifth avenue and
Nineteenth street which is now rapidly ap-
proaching completion, and which will be
ready for occupancy around the end of
next month.
Freeborn G. Smith, Jr., is at present in
the West where he will sojourn for some
time visiting branch houses in that section
of the country. In the meantime Mr.
Smith divides his time between his Brook-
lyn and Leominster factories, also taking a
practical interest in his various branch
stores in this locality.
Work apparently is a tonic to Mr. Smith
for he seems to grow younger as the cen-
tury draws to its close.
Incorporates in flaryland.
[Special to The Review.1
Baltimore, Md., Nov. 28, 1898.
A certificate of incorporation has been
issued by the Secretary of State to the
Maryland Automatic Banjo Co. to manu-
facture an automatic banjo and exhibit it
in Maryland and the District of Columbia.
Capital $6,000.
The incorporators are
Messrs. James L. Kernan, Geo. W. Rife,
J. Albert Cassidy, Chas. Ross Klosterman
and J. Frank Eline, who is the inventor.