Music Trade Review

Issue: 1899 Vol. 29 N. 25

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
V O L . XXiX. No. 2 5 .
Published Every Saturday by Edward Lyman Bill at 3 East Fourteenth Street. New York, Dec. 16,1899.
American Graphophone Co. Win
IN THREE SUITS NO ONE CAN MAKE, USE OR
SELL ANY DUPLICATE ENGRAVED SOUND
RECORDS WITHOUT PERMISSION
OF THIS COMPANY.
The right to make and sell records for
talking machines was the point involved in
three suits just decided by the United
States judges. One important effect of the
decisions is that no one can make, use, or
sell any duplicate engraved sound records
without the permission of the American
Graphophone Co. The decision has just
been rendered in two cases pending before
the United States Circuit Court for the
District of New Jersey, and in one case be-
fore the United States Circuit Court for the
Eastern District of Pennsylvania. The
final decrees entered in these cases dispose
of the only suits pending that involve m
any way the validity of the Graphophone
patents. The two New Jersey suits were
brought against the United States Phono-
graph Co. et al., by the American Grapho-
phone Co., and were based on the original
Graphophone patents. The alleged in-
fringement consists of the manufacture,
use and sale of duplicates of sound records
and the use of duplicating machines.
These suits have been pending for nearly
two years, during which time both sides
have taken voluminous testimony, the de-
fendants exhausting every resource to se-
cure evidence that might invalidate the
Graphophone patents. The decrees signed
by Judge Kirkpatrick adjudged that the
Graphophone Co. is exclusive owner of
them and that the defendants have in-
fringed them. The defendants are forever
enjoined from infringing the patents. A
similar case pending against Thomas E.
Challenger in the United States Circuit
Court for the Eastern District of Pennsyl-
vania has been decided by a final decree
like those against the United States Phono-
graph Co.
A Dolgeville Incorporation.
The Campion Piano Case Co., of Dolge-
ville, was granted a certificate of incorpor-
ation in this State on Dec. 13, to do a gen-
eral business in the manufacture of piano
cases, with a capital of $25,000. Directors:
James Campion and Edward Hain, of New
York City; C. T. Amann, Alphonse Hein-
drich and G. W. Ward, Dolgeville.
Sol Grollman, the stool and scarf man
of Chicago, continues to break all records.
His trade for November was the best since
he opened up his business.
fa.oo PER YEAR.
SINGLE COPIES 10 CENTS
Mr. Davis says, owing to the strike in
the piano factories and the consequent
BOARD OF TRADE WILL ENJOIN TRUNK LINE
rise in the wholesale cost of pianos, makes
ASSOCIATION APPEAL TO COMMERCE
it impractical for him to do business, and
COMMISSION NEW SCALE WOULD
he decided to quit while he can pay up. It
RAISE SHIPPING RATES FROM
TWENTY TO FORTY-FIVE
is not known at this writing what disposi-
PER CENT.
tion will be made of the large stock. The
It was decided yesterday by the New- instruments may be shipped back to the
York Board of Trade to enjoin the Trunk- factories. Mr. Davis is an estimable gen-
Line Association from putting into ef- tleman, and has made many business and
fect the reclassification of merchandise by social friends, and we regret that it seems
which shipping rates throughout the coun- impractical for him to go on in business.
try were to have been raised on many im-
portant lines of merchandise.
Krell Colonial Creation.
The new classification is to operate on
One of the prettiest piano creations in
and after Jan. 1, unless sufficient pressure
can be brought to bear on the Trunk-Line colonial design that has been placed on the
Association to cause the abandonment of market in many a day is style F, made by
the new schedule. Shippers throughout the Krell Piano Co. and pictured elsewhere
the country are alarmed at the present in their advertisement in this issue. The
prospect. An advance of from 20 to 45 general scheme of architecture is strikingly
per cent, in the shipping rates is contem- neat and pleasing, while its individual
plated. The new classification will affect characteristics are emphasized especially in
its tone, which is remarkably large in vol-
about 500 items.
The reasons given why the new classi- ume and fine in quality for an instrument
fication should not be allowed were as of such dimensions. This Krell Colonial
has been well termed "the little giant" and
follows:
1. It may be a violation of the Inter- for small rooms, apartments and studios, it
state Commerce law in that the present will be found of especial attractiveness and
classification has been current for a series marked utility. In 'this instrument are
of years and has therefore become es- embodied all the especial patents and im-
proved ideas which have made the Krell
tablished.
2. The rates of freight at present are products so widely esteemed.
The position of the Krell Co. 's business
reasonably compensative.
3. A classification long established and to-day can be attributed to their persistent
satisfactory to both shippers and carriers labors to improve—to work along original
should not be changed without conclusive lines in the department of designing and
tonal development. Every style put out
testimony to justify such action.
4. The nature of the changes makes an by this firm is an improvement on that
advance over former rates of 20 to 30 per which preceded it, and this evolutionary
cent, on car shipments and 40 to 45 per policy has been received by the trade at
cent, on small lots, and is so radical as to large with every tribute of approval and
cause a disturbance of trade relations and support. It is expressed in the most prac-
will materially restrict the area of distribu- tical manner by dealers who are selling
tion of our business both at home and in Krell pianos and placing orders in large
numbers for immediate delivery.
foreign countries.
As a consequence the Krell factory is
The Committee on Railroad Transporta-
tion of the Board of Trade proposes to in- working every night until ten o'clock and
vestigate contemplated changes, and if it the orders on hand predicate a continuance
finds them objectionable to ask the Inter- of this situation for some time to come.
state Commerce commission to take action. Big shipments are being made almost every
day. One of the largest shipments which
has
left the city for some time will be that
Davis Transfers Stock to Trus-
of
two
hundred pianos which will leave the
tee.
Krell
factory
probably late this week. The
[Special to The Review.]
train
conveying
them will be suitably
Louisville, Ky., Dec. 12, 1899.
placarded
with
signs
and no doubt will
J. Bart Davis, doing business in pianos
afford
very
telling
testimony
of the activity
and organs at 206 Market street, has trans-
of
the
Krell
factory
as
well
as
the prosper-
ferred his entire stock to a trustee for fac-
ity
of
the
piano
industry
at
large.
tory creditors.
Shippers to Fight Rates.
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW
TWENTY-FIRST YEAR •
• EDWARD LY.YIAN BILL-
Editor and Proprietor
PUBLISHED EVERY SATURDAY
3 East 14th St., New York
SUBSCRIPTION (including: postage), United States,
Mexico and Canada. Sa^oo per year; all other countries,
$JOO.
ADVERTISEflENTS, $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
bo made payable to Edward Lyman Bill.
Entered at the Ifew York Post Office as Second Clasi Matter.
NEW YORK, DECEMBER 16, 1899.
TELBPHONE NUMBER, 1745-EIGHTEENTH STREET.
THE KEYNOTE.
The first week of each month, The Review wil)
contain a supplement embodying the literary
and musical features which have heretofore
appeared in The Keynote. This amalgamation
will be effected without in a-iy way trespassing
on our regular news service. The Review will
continue to remain, as before, essentially a
trade paper.
VICTORY^FOR THElviANUFAC-
TURERS.
T H E report of the State Board of Arbi-
tration of Illinois, together with its
recommendation for adjustment of differ-
ences which exist between the piano manu-
facturers of Chicago and their workmen,
is presented in another portion of this
paper. It is an interesting document,
temperate in tone, and constitutes virtu-
ally an unequivocal endorsement of the
position maintained by the piano manufac-
turers from the very inception of the labor
trouble. It shows up Mr. Dold, the union
agent, in rather an unfavorable light. He
had formally made the statement that he
would compel the attendance of piano
manufacturers as witnesses before the
State Board. It seems that he knowingly
passed a serious defect in his petition
which rendered the State Board powerless
in its efforts to insist upon the attendance
of manufacturers as witnesses.
Was not this precisely what Dold de-
sired ? At least we may so infer, for he
was thoroughly cognizant of the fact that
the law requires that the application for
arbitration should be signed by a majority
of the employees. In case of the Dold ap-
plication it was discovered that all the
names which were attached to the petition
bore the unmistakable imprint of being
written by the same man. When this was
discovered a suggestion was made to Mr.
Dold that a new application be made and
filled out as the law requires. This he de-
clined to do.
It is interesting to state in this connec-
tion that not only was Mr. Dold furnished
with a copy of the Arbitration law but care
was taken to inform him that the applica-
tion must be signed by a majority of the
employees.
It seems that Dold desired to be a sort
of imitation Aguinaldo in this and in other
matters.
The Board had no difficulty in learning
that the real cause of the trouble was the
refusal of the piano manufacturers to recog-
nize the union in the adjustment of differ-
ences with their men. For a long time
this distasteful draught has been offered to
manufacturers, some of whom have gulped
it down with obvious remonstrance.
The trouble last summer at Bush &
Gerts' factory began with the unwilling-
ness of Mr. Bush to deal with the union.
He said that he would meet a committee
composed of his own men but he would
not adjust matters with Chas. Dold, an
outsider.
Before the Board Mr. Dold waived all
demands of the recognition of the union
by employers. The report reads further:
"The manufacturers appear to have made
no objection to any proposition for an in-
crease of wages, but insisted upon dealing
directly with their own men in each par-
ticular instance instead of dealing with an
agent of the union who had never been
connected with any department of the
piano and organ trade, and who is alto-
gether without practical knowledge of the
business."
The entire findings of the Board must be
a severe blow to Dold and his backers, for
it should be understood up to the time of
the strike and lockout there had been no
discrimination made by piano manufactur-
ers between union and non-union men.
The refusal of the manufacturers to accede
to the demands of the union, that only men
belonging to that organization should be
employed, was virtually upheld by the
State Board, which makes no attempt to
recognize a wage-scale, but leaves that
matter to be adjusted between each indi-
vidual employer and his employees. The
Board states that the failure of Dold to
comply with the law in filing his applica-
tion does not make its actions legally
binding; all that they can do is to offer a
recommendation which amounts to the
strongest kind of endorsement of a position
taken from the first by manufacturers.
ployer meet a committee of his employees
and endeavor to settle such differences by
mutual agreement."
Now it remains to be seen whether Mr.
Chas. Dold, who by his leadership has
caused the men to lose nearly a quarter of
a million dollars in wages, will hold out
further in order to carry out his threat of
"getting even" with the manufacturers.
For he is said to have remarked 1 that he
would abide by the decision of the Board.
Here is an opportunity to prove the sin-
cerity of his purpose. The State Board of
Illinois certainly deserves the strongest
recommendation for its findings in this
matter. The whole document breathes of
a fairness of purpose and breadth of spirit,
and must certainly go far to establish in
the minds of the people that a State Board
of Arbitration may with safety be em-
powered with authority to act as arbitra-
tors in labor differences.
There is not a single line in the findings
which shows a desire to pander to the vote
of the labor element, a spirit which has
been plainly apparent in the courts of Chi-
cago, and elsewhere, we may add, for it
cannot be disputed that there arc a certain
number of our politicians who are always
trying to cater to the labor vote by pre-
tending to be its real friends, when, on the
contrary, they are its foes. No man would
be a better friend of labor than the up-
right, honorable and successful employer.
The piano manufacturers of Chicago
have shown their willingness to sustain
great losses for the maintenance of a prin-
ciple, the abandonment of which would
surely mean a deterioration of industry.
We incline to the opinion that the find-
ings of the State Board, the cold of De-
cember, the diminutiveness of the weekly
payment to men by the union, will quickly
bring them to their senses, and Dold will
have opportunity for solitary contempla-
tion of his gigantic self-conceit. He will
realize that he is not the only pure white
pebble on the labor beach.
GET TRADE.
J IVELY holidays—perhaps the liveliest
America has ever seen; every one is
busy. There is no department of this
industry that is not pulsing with life and
The first, second, third, fourth and fifth energy. Active men are more active, even
recommendations refer to the immediate the drones have some life, but after all,
resumption of work and that a legal day drones have no place in modern business.
shall consist of nine hours and that all of We have no use for drones at any time,
the employees be re-employed without less use for them now. The man who
discrimination.
figures that because he did so and so years
The solar plexus blow to the union ago with such and such results that he can
comes in in the fifth recommendation— do it to-day, is a back number, a drone,
" That in case of the difference involving shall we say ? There is yet time for him
a proposed increase of wages each em- to cast off the dronish ideas and inject in

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