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VOL. XXX. No. 2 3 .
Published Every Saturday by Edward Lyman Bill at 3 East Fourteentn Street. New York, June 9,1900.
Pedlars' Law Declared Void.
(Special to The Review.)
Bangor, Me., June 4, 1900.
An important decision has been handed
down by the Supreme Court of Maine,
which is of interest to members of the
piano industry.
It renders the much
talked of hawkers and pedlars' law, so-
called, unconstitutional and void, while
the best legal authorities claim that the
itinerant vendors' law of this State is
similarly affected. The reason for this
decision is that the law is in violation of
the 14th amendment to the constitution of
the United States in that it "discriminates
against aliens in providing that only cit-
izens of the United States can take advan-
tage of its provisions and thereby gain the
right to peddle."
This is the law under which there have
been so many prosecutions in the past on
account of its alleged violation. Some
time ago a famous New England piano ex-
pert and tuner, a man well known in east-
ern Maine as a former resident and as a
visitor to Bangor twice yearly, came here
with a carload of a celebrated make of
pianos for exhibition and sale purposes.
He got his car into Bangor and was served
with a notice that he must pay the license
fee and other charges amounting in all to
not much less than $300 before he could do
business. And officers of the law were
ready to enforce it. He had to bundle his
pianos back to Boston again and his house
paid the freight. Another instance is that
of an agent for a Boston shoe house, who
was arrested on the instigation of a local
dealer who found the former in the Bangor
House selling goods without a license and
in violation of the law as given above.
There was a case in the police court but
not much came of the matter. Several
other firms who made a specialty of open-
ing up in business in the city for a short
time have come under the ban of this law,
but the decision referred to effectually de-
stroys the entire fabric of the law, and
puts an end to all further steps in this di-
rection.
Judge Savage's decision, which was ren-
dered in the case of the State vs. Mont-
gomery, is in part as follows:
" T h e inhibition of the 14th amendment
that no state shall deprive any person
within its jurisdiction of the equal protec-
tion of the laws, was designed to prevent
any person or class of persons from being
singled out as a special subject for dis-
crimination in hostile legislation.
" In the light of these interpretations of
the 14th amendment we are compelled to
conclude that a statute which forbids
peddling except under a license, and which
provides that citizens of the United States
may be licensed, and that aliens shall not
be, is a denial of the equal protection of
the laws
It is an unconstitutional dis-
crimination against aliens.
" T h e statute is invalid as to aliens.
They may peddle without license.
" If we hold it nevertheless valid as to
citizens it works a discrimination against
citizens and in favor of aliens, a result
which was plainly seen the legislature did
not intend."
It will be seen from this abstract of the
court's opinion on what ground the decis-.
ion is made. The law is held as unconsti-
tutional as related to a license. In this
primary ground nothing is said about citi-
zens selling without licenses; and of course
Boston men coming to Bangor to sell pianos
and millinery are not to be considered as
aliens and are therefore not within that
prior section of the opinion.
The court goes on to straighten out, how-
ever, what would otherwise have been a
tremendous confusion, by holding that the
law being made unconstitutional as to
aliens, who can, therefore, sell goods with
a license, must in justice to citizens be also
held as unconstitutional as to the latter, in
order that citizens may not be discriminat-
ed against in favor of a license. Thus the
entire purpose of the law is shattered and is
declared void.
Beechwood Co. in Receiver's
Hands.
[Special to The Review.1
Utica, N. Y., June 4, 1900.
The affairs of the Geo. S. Beechwood
Co., dealers in pianos, organs and musical
merchandise, at 168 Genesee street, have
been placed in the hands of the receiver in
the person of W. H. Cotter who is now in
possession of the assets of the firm. As a
result a closing out sale of the extensive
stock carried by the company is under way
and will continue for the next week. The
business is to be wound up.
Two Carloads of " Pooles. "
During the visit to Boston of R. A.
O'Neill, manager of the piano department
of the Thiebes-Steirlin Music Co., of St.
Louis, he placed an order for two carloads
of Poole pianos, with the Poole Piano Co.
Mr. O'Neill, like so many other clever
piano men, appreciates Poole values.
The Myercord Co., of Chicago, the well-
known manufacturers of transfer orna-
ments and decalcomanias, are making an
attractive display at the Paris Exposition.
la.oo PKR YEAR.
SINGLE COPIES 10 CENTS
Whitney Secures the Lindeman.
The Lindeman & Sons Piano Co.,
through secretary G. H. Beverly, now
traveling in the West, have just closed an
important deal with C. J. Whitney & Co.,
of Detroit, Mich., whereby they will han-
dle the Lindeman piano. A goodly order
has been placed in this connection. At
the headquarters of Lindeman & Sons,
548-550 West Twenty third street, the re-
port for this week is gratifying.
Business
is active, with a continuous influx of or-
ders, the demand being fairly divided be-
tween all current styles.
An example of a handsome and decided-
ly attractive new Lindeman & Sons up-
right, to replace catalogue style 27, is now
in view at the warerooms. It is being
made in mahogany and walnut, and is
now ready for the market. New style 27
is more than likely to prove very successful.
To Revive Johnson Business.
[Special to The Review.1
Westfield, Mass., June 4, 1900.
Another attempt is to be made to revive
the church organ manufacturing business
of Johnson & Son. There is much de-
mand from various parts of the country
for instruments from this famous firm,
and as the factory and machinery is avail-
able and the right to the use of the old
company's name, drafts and specifications,
can be obtained, and Mr. Johnson stands
ready to give his advice and counsel,
though unwilling to actively engage again
in the business, the opportunity seems
ripe to start up the factory, which for a
year or two has been closed.
Former employees of the firm are ready
to invest nearly half of the capital re-
quired, and the committee on new enter-
prises of the board of trade will endeavor
to interest people with money to profitably
invest to subscribe the balance.
Mehlin's Great Season.
During a visit to the big Mehlin piano
factory on Tuesday, The Review talked
briefly with Paul G. Mehlin, the head and
founder of the firm. He reported that
the pressure of work this season and at the
present time has caused such crowding of
all available space that additional room is
necessary and must soon be provided.
Mr. Mehlin has perfected the patents
connected with his new piano, but he says
there is still much to be done before it will
be ready for the market. This veteran of
the piano trade looks hale and hearty, and
is in excellent spirits.