Music Trade Review

Issue: 1901 Vol. 32 N. 4

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Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
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THE
V O L . XXXII. N o . 4 . Published Every Saturday by Edward Lyman Bill at 3 East Fourteenth Street, New York, Jan. 26,1901.
Big Suit Against Edison.
AN INJUNCTION AND DAMAGES OF $ 2 2 5 , 0 0 0
ASKED FOR—NEW YORK PHONOGRAPH
CO. CLAIM INVENTOR BROKE HIS
CON'iRACTS.
Hostilities that have long existed were
brought to an issue Thursday by the be-
ginning of a suit for $225,0^0 damages
against Thomas A. Edison and his various
phonograph companies by the New York
Phonograph Co. Elisha K. Camp, of No.
135 Broadway, filed the bill of complaint
in the Clerk's office of the United States
Circuit Court in this city. Besides Mr.
Edison personally the defendants include
the Edison Phonograph Co., the Edison
Phonograph Works and the National
Phonograph Co.
The advisability of bringing the suit
was made the subject of investigation and
report by a special committee appointed
last September by the members of the
National Phonograph Association in its
fifth annual convention at Cincinnati, O.
This association includes officers of the
Ohio, New England, Nebraska, Michigan,
Iowa, Minnesota, Columbia, Louisiana,
Chicago, New Jersey, Kentucky, Western
Pennsylvania, State of Illinois, Eastern
Pennsylvania, Texas, Kansas, Montana,
Missouri, Wisconsin, Wyoming, Tennes-
see, Central Nebraska, Colorado and Utah,
Florida, Old Dominion, New York, Pacific,
Alabama, Georgia, South Dakota, Spokane
and West Coast Phonograph Companies.
The special committee reported to the
convention:
The sale of phonographs and supplies in
various parts of the United States by Thos.
A. Edison, through the National Phono-
graph Co. is in flagrant violation of the
rights of the various local companies hav-
ing exclusive franchises covering the ter-
ritory where such sales are conducted.
Your committee therefore recommend
that immediate concerted action be taken
by said local companies to enforce their
rights by injunction and to recover the
profits and damages resulting from such
unlawful sales.
Your committee further recommend that
to give effect to the foregoing resolution a
special committee of five be appointed, of
whom the president of this association, A.
W. Clancey, shall be chairman; the said
special committee be invested with the full
power of this association to determine a
basis of concerted action to secure the co-
operation of all companies therein, to em-
ploy counsel, to begin and prosecute actions
at law or in equity for the benefit of the
allied interests, and to determine an equi-
table plan for distribution of the costs and
benefits of such actions among the com-
panies who ratify the plan of procedure
and participate therein.
In the bill of complaint in the action
begun Thursday, the New York Phono-
graph Company sets forth in detail the
organization of the North American
Phonograph Company, its acquisition
from Mr. Edison of all his phonograph
patents and inventions, past and future;
the franchises granted to the complain-
ant by the North American Company;
the failure of the North American
Co to supply salable phonographs and
appliances to the complainant, the mis-
management of the North American Co.
under Mr. Edison's presidency implying a
design to wreck the company and acquire
the wreckage; the purchase by Mr. Edison
of the assets of the North American Phono-
graph Co., and his subsequent business
operations, conducted, as the complainant
avers, in disregard of its rights. The
company asks for an injunction to prevent
Mr. Edison from continuing in the phono-
graph business and for damages to the ex-
tent of $225,000. .The complaint is sworn
to by H. M. Funston, president of the New
York Phonograph Co. The amount al-
leged to have been paid to Mr. Edison in
cash by the companies is $724,000.
Ex-Judge Howard W. Hayes, of New-
ark, counsel for Thomas A. Edison, when
interviewed regarding the suit, said:
"The action is undoubtedly based on a
claim to territorial right for New York
State on Mr. Edison's phonographic in-
ventions. We are quite ready to meet it.
The New York Phonograph Co. claims, I
believe, to possess the patent rights for
New York on all the Edison inventions
relating to the phonograph since 1888 and
for fifteen years after that date. The fact is
that instead of Mr. Edison having violated
his contract he lost between $400,000 and
$500,000 in the deal out of which this case
has grown.
In 1888 Mr. Edison agreed to transfer
to Jesse H. Lippincott, of Pennsylvania,
who is now dead, certain patent rights.
Lippincott never carried out his part of
the contract, though he disposed of his
rights under the contract of the North
American Phonograph Company. When
the life of the North American Company
expired with the disposal of its assets to
the National Phonograph Company the
rights secured by the North American re-
verted back to Mr. Edison and the Na-
tional Phonograph Company.
|a.oo PER YBAR.
SINGLE COPIES IO CENTS
Recent Incorporations.
Pennsylvania.
Articles of incorporation were filed with
the Secretaiy of State of Pennsylvania on
Tuesday by the Pittsburg Organ and Piano
Co., Aspinwall; capital, $25,000.
New York.
Gt-o. S. Beech wood Co., of Utica, was
granted a certificate of incorporation by
the Secretary of State at Albany on Mon-
day last, to deal in musical instruments;
capital, $10,000. Directors: G. S. Beech-
wood, Mary L. Beech wood , and Edward G.
Beechwood, Utica.
A Go=ahead English House.
The Messrs. Rushworth, who represent
the "Crown" pianos and the Wilcox &
White specialties in Liverpool, Eng., have
recently been celebrating the diamond
jubilee of the foundation of the firm
which was established in 1840, when the
late William Rushworth started in busi-
ness as a church organ builder. Five years
afterwards the manufacture of pianos was
added, and as the business rapidly forged
ahead the two sons, Edwin and Walter,
were taken in partnership. After the
death of the founder the business was car-
ried on by the two sons until 1870, when
they dissolved partnership, Walter Rush-
worth confining himself solely to the
building of church organs, which he, with
the help of two sons, still successfully
carries on, while the other brother, Edwin,
continued to carry on the manufacture of
pianos, and at the same time branching
out into the general musical instrument
and music business. Since Edwin Rush-
worth retired from the business it has been
Cartied on by his three sons, under the old
name of E. Rushworth, so that the house
is now in its third generation. William
Rushworth of the firm attributes the great
success of their business to the fact that
every member of the family has had a
thorough and practical training in all the
details of the business. As an example,
his brother who had charge of the manu-
facturing department is now in a Chicago
factory to spend twelve months, so as to
obtain a practical insight into the ways of
what Mr. Rushworth describes as "our
most formidable competitors." A younger
brother is serving his apprenticeship in a
London piano factory at the present time.
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE. REVIEW
TWENTY-SECOND YEAR.
It is true we have a class of men who
are disposing of musical instruments on
terms which are not the best in the world,
and naturally there is an element of dan-
ger introduced whenever the safety line is
crossed.
EDWARD LYMAN BILL,
EDITOR AND PROPRIETOR.
We saw a statement recently made by a
J . B. S P I L L A N E , MANAGING EDITOR.
dealer who claimed to be worth, we will say
EMILIE FRANCES BAUER,
—well, the amount doesn't matter. His
EDITOR ARTIST'S DEFT.
THOS. CAMPBELL-COPELAND
assets were of the kind which could be eas-
WALDO E. LADD
Executive Staff :
GEO.
W. QUERIPEL
ily quartered, and then not have the resi-
A. J. NICKLIN
due particularly good at that.
PnDllsnefl Erery satnrflay at 3 East I4ih Street, New Yorfc
This man had been selling instruments
SUBSCRIPTION (including postage). United States, Mexico
and Canada.f2.00 per year ; all other countries, $4.00.
on ridiculous terms and he had counted in
ADVERTISEMENTS, $2.00 per inch, single column, per
insertion. On quarterly or yearly contracts a special discount
is allowed. Advertising Pages $50.00, opposite reading matter
making up his statement of his installment
$75.00.
REMITTANCES, in other than currency form, should be
paper at the highest possible figures, where,
made payable to Edward Lyman Bill.
as a matter of fact, the pruning process
Entered at the New York Post Office as Second Class Matter.
NEW YORK, JAN. 26, 190L
should be largely in evidence in order to
TELEPHONE NUMBER. 1745-EIQHTEENTH STREET.
get at his true condition.
On the first Saturday of each month The
The danger of many an institution lies
Review contains in its "Artists Department"
all the current musical news. This is effected
not
only in attempting to do too much bus-
without in any way trespassing on the size or
service of the trade section of the paper. It has
iness on too little capital, but doing a cer-
a special circulation, and therefore augments
tain class of business which endangers all
materially the value, of The Review to adver-
tisers.
the capital which is placed in it. In other
words, less business on a safer basis will
A CASE OF BIG-HEADEDNESS.
A RE Americans peculiarly a speculative be a pretty good principle to stick to even
people? Is the spirit of venture—the if things do promise splendid results in a
gambling instinct, if you will—more keen- business way. We should not lose our
ly aroused in us than in others? Foreign- heads even if this country finds itself to-
day in a unique position. We are the com-
ers say it is.
mercial
and industrial power before which
Are they right?
All things considered we should have all the world must bow. We are a source
difficulty in denying the allegation, defy- of irritation to even the most strongly en-
ing the "allegator" though we may. Be- trenched and most enterprising producers
yond question we are a venturesome peo- of the old world. Our growing export
ple.
We love excitement. We have the trade, our energy and our vast resources
nerve and take a chance. To such a peo- have frightened England, Germany, France
ple speculation in all its fascinating forms and Austria, and if what we read be true,
irresistibly appeals. While eager to be it would seem that all the manufacturers
rich many of us hope to evade the sweat of on the other side might as well shut up
toil. The road to wealth may, as Frank- shop and go into bankruptcy.
It is highly important that we as a peo-
lin said, be as easy as the way to market,
but he might have added that the toll ple should not allow ourselves to be car-
thereon is thrift, perseverance, intelli- ried away by all this adulation amounting
gence, industry, and, last but not least, to hero worship. That European pro-
ducers are alarmed by the progress we
patience.
There is no doubt but the American have made is unquestionable, but to im-
is a bundle of nerves. He desires to "get agine that they will calmly fold their
there" and with him the short cut is a hands and allow Americans to march off
with their business is absurd. They will
great desideratum.
There are no industrial lines which do fight to the death and the tenacity they
not possess men who are anxious to make possess is shown by the frankness with
all sorts of short cuts to success. With which they are looking at the present sit-
them there is no middle way. It is make uation.
We should not lose our heads over man-
or break.
ufacturing
or retailing. All of these
Of course there is danger in this ram-
pant speculativeness. The industry to stories of American greatness and su-
which The Review directly appeals has premacy are beautiful to listen to, but we
been comparatively free from what we should not lose our good horse sense, or
may term plungers. While it has pos- fall into a chronic state of big-headedness.
All industrial lines in this country can
sessed energetic, ambitious men, yet there
be
materially expanded and there are great
are mighty few who have lost their heads
in a mad scramble after wealth and posi- possibilities for the display of commonsense
and executive ability in this old piano
tion.
REMfW
industry, but men in either department
should not lose their heads and venture
into unsafe depths. It is a mighty sight
better to do less business and do it well.
CHEVALIER WULSIN.
J AST week the list of names of those
who took part in the Paris Exposi-
tion who were specially honored by the
French Government was published for the
first time. Among those who received
special distinction was Lucien Wulsin,
head of the great Baldwin interests in
Cincinnati, upon whom was conferred the
distinguished honor of Chevalier of the
Legion of Honor.
This great compliment to Mr. Wulsin's
personal abilities, will be appreciated by
the piano industry in which he holds such
prominent rank.' While this honor is pure-
ly a personal one, yet in truth it is at once
a compliment paid to Mr. Wulsin's rank as
a manufacturer and emphasizes the appre-
ciation of his indefatigable efforts as head
of the Baldwin institution to make a thor-
oughly comprehensive exhibit at Paris of
every phase of piano manufacturing in the
United States.
BUOYANT CHICAGO.
J T is said that Chicago will not suffer st ri-
ously this year from labor troubles,
and that already there is an extraordinary
building boom developing in that city and
vicinage. Architects are extremely busy
getting up plans and specifications for all
kinds of structures from office buildings
and apartment houses to innumerable
dwellings of all descriptions.
A suggestion of the magnitude of the
improvements awaiting the opening of the
building season is contained in the state-
ment made, that in the spring foundations
for five hundred flat buildings will be laid
within a radius of a few blocks in one street
of the Twenty-eighth ward.
A special reason exists for this activity.
Very little building was done last year be-
cause of the fight between the contractors
and the labor unions, hence the business
of this year will represent a great deal of
work which under more favorable condi-
tions would have been done last year.
The erection of buildings on such a
large scale must necessarily add materially
to bettering the conditions of retail trade,
and without doubt piano men along Wa-
bash avenue will feel the inspiring effects
of this spring building boom in the me-
tropolis of the West.
Notwithstanding the peculiar conditions
which have existed in the building trades
in Chicago for many years past, it cannot
be denied that she has more than held her
own in the manufacture as well as distribu-

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