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TH
MUSIC TRADE. REVIEW
CHARQED
y £ O U A N CO. RESTRAIN EXPOSITION MANAGERS
From Installing or Operating the Festival Hall Automatic Organ Which Was Built by the Los Angeles
Art Organ Co.—Compelled to Take This Step to Protect Their Rights—Original Suit Was Brought
Against the Murray M. Harris Co.—Their Successors, and Others Interested Now Sued.
The filing of a petition in the United States Cir-
"The Aeolian Co.," said Harold Binney, of
cuit Court, St. Louis, on Thursday last, by the Dickerson, Brown, Raegener & Binney, of attor-
Aeolian Co. and William B. Tremaine, praying
neys for the petitioners, to The Review, on Tues-
that the managers of the forthcoming World's day, in answer to a question regarding these pro-
Pair, at St. Louis, officially designated as the ceedings, "has been compelled to institute proceed-
Louisiana Purchase Exposition Co., be restrained
ings against the Louisiana Purchase Exposition
from the construction, installation and operation Co. only because the infringing organ was shipped
of the Festival Hall automatic organ, and other
to the Exposition before the suits against the
similar mechanisms for use at the Exposition organ companies in California had progressed far
grounds, has created widespread interest through- enough to prevent its dispatch.
out the musical industries.
"The Aeolian Co. disclaim any wish to interfere
The petitioners declare that certain instru- with users of musical instruments who are not
ments now in course of installation under the manufacturers, but the company were compelled,
under the peculiar circumstances already related,
auspices of the Exposition Co. are so constructed
as to infringe on patent rights fully secured. to follow this great organ into the hands of the
The patent on which the allegations of the peti- Louisiana Purchase Exposition Co. in order to
tioners are based was granted in January, 1896, preserve their own rights. It is not the general
"for the playing of mechanical musical instru- policy of the Aeolian Co. to proceed against the
ments by means of two or more perforated music purchasers and users of infringing musical instru-
sheets." The pipe organ that is believed to in- ments in cases where it is believed that the users
fringe on the patent rights of the Aeolian Co. is are innocent purchasers, without knowedge of in-
said to have been constructed by the Los Angeles fringement. The Aeolian Co. are the owners of
Art Organ Co., successors to the Murray M. Har- a great many patents, some of which are the sub-
ris Organ Co. This instrument, it is said, has ject-matter of other suits now pending, and many
been made under the supervision of W. B. Flem- of which are being infringed by various musical
instrument makers against whom action has al-
ing.
Fleming is an ex-employee of one of the con- ready been brought or is about to be brought."
stituent companies of the Aeolian Co., and it is
The petitioners in these injunction proceedings
charged in the petition or bill of complaint that are represented by the Aeolian Co.'s attorneys, in-
after leaving the Aeolian Co. he went West, and
cluding Messrs. Dickerson, Brown, Raegener &
was instrumental in creating the Los Angeles Art
Binney, of New York City; John H. Miller, of San
Organ Co., and in building the organ now in
Francisco, and Edward S. Robert, of St. Louis.
question for the Louisiana Purchase Exposition, The attorneys for the Murray M. Harris Organ
which organ is said to imitate and infringe on the Co. are Messrs. Hagard & Harphan, of Los An-
Aeolian Co.'s patents of 189G. The Aeolian Co. geles.
first instituted suit against the Murray M. Harris
Similar proceedings have been instituted by the
Co., and, after the Los Angeles Art Organ Co. was Aeolian Co. against the Kansas City Convention
formed, action was begun against that concern. Hall Co., Kansas City, Mo.
OUR EXPORTS TO CANADA LEAD
The World—Great Britain, Notwithstanding Pref-
erential Tariff, Makes Miserable Showing in
Shipments of All Kinds of Musical Instru-
ments.
(Special to The Review.)
Washington, D. C, April 19, 1904.
Some interesting figures regarding the imports
of pianos and other musical instruments into
Canada from Great Britain and the United States
are revealed in a report just submitted by United
States Consul Gunsaulus, of Toronto, to the De-
partment of Commerce and Labor at Washington.
The total value of pianos for the fiscal year,
ending 1903, imported into Canada from Great
Britain, under preferential tariff, amounted to
$233; from the United States, under general tariff
of 30 per cent., $124,635; from all other countries
combined, $126,931.
Regarding piano parts, Great Britain sent Can-
ada, under preferential tariff, the enormous
amount of $8.00 worth; from the United States,
under general tariff of 25 per cent., $126,643 worth
of piano parts were imported, and from all other
countries, $140,187.
Cabinet organs to the value of $96 were import-
ed into Canada from Great Britain, under prefer-
ential tariff, while the United States, under gen-
eral tariff of 30 per cent., supplied Canada with
organs valued at $18,227, and all other countries
are credited with imports of cabinet organs to the
value of $18,533.
Great Britain furnished Canada with parts of
organs valued at $532; the United States, under
general tariff of 25 per cent, furnished $16,590
worth, and all other countries $17,132.
Great Britain sold Canada for the last fiscal
year $4,243 worth of brass band and other in-
struments of that class, while the United States,
under general tariff of 25 per cent, sold $9,426
worth; all the other countries sent goods valued
at $29,168.
For the last fiscal year Great Britain shipped
to Canada $579 worth of other instruments and
parts thereof not described above, under prefer-
ential tariff, while the United States, under gen-
eral tariff of 30 per cent., sold our cousins across
the border $46,434, and the sales of all other coun-
tries under this heading amounted to $131,698.
This certainly makes a magnificent showing
for the United States. In some instances the
sales from the United States equalled the entire
total of sales of all other countries; while Great
Britain, to use the colloquialism, is "hardly in
the race," notwithstanding the employment of the
preferential tariff which Mr. Chamberlain so
fondly supposed would lead to enlarged trade re-
lations with the mother country.
The total value of all merchandise imported
into Canada for consumption during the fiscal
year ending 1903 was $233,790,516. Of this
amount the total value of the goods imported
from the United States figured up $137,605,195,
while the total value of the goods imported from
Great Britain amounted only to $58,896,901.
RECENT MASON & HAMLIN AGENCIES.
Allen & Gilbert-Ramaker Co., of Portland,
Oregon, will continue to represent the Mason
& Hamlin pianos and organs at both their Port-
land and Seattle houses.
The Spokane Piano Co., of Spokane, Wash.,
will continue to represent the Mason & Hamlin
pianos and organs.
Mason & Hamlin Co. have made arrangements
whereby the Clayton Music Co., of Salt Lake
City, will retain the agency for the Mason &
Hamlin pianos and organs.
The Denver Music Co., Denver, Col., has se-
cured the agency for Mason & Hamlin pianos and
organs for the State of Colorado.
LIGHTNER EMBARKS IN BUSINESS.
(Special to The Review.)
Youngstown, O., April 18, 1904.
S. H. Lightner has leased one of the rooms
in Market street, formerly used as the Tod House
cafe. He will engage in the sale of pianos and
other musical instruments. He was formerly
instructor of music in the public schools and sub-
sequently was a member of the firm of the Jones-
Lightner Piano Co.
11
WITH EMBEZZLEMENT.
Piano Company Says Former Agent Wrongfully
Used Money.
(Special to The Review.)
Cleveland, O., April 18, 1904.
James Mather, vice-president and manager of
the Mather & Heinbush Co., was placed under
arrest yesterday on a warrant charging him with
embezzlement. The warrant was sworn out in
tl? • court of Justice Bauder by W. B. Craighead,
treasurer of the Bailey Piano Co.
The warrant charges Mather with selling two
pianos, one for $200 and the other for $400, which
were the property of the Bailey Piano Co., and
converting the money to his own use. The affi-
davit says that Mather was acting as agent for
the prosecuting company when he sold the
pianos. He was released on his own bond.
ALL ARRANGEMENTS MADE
For the Convention, at Atlantic City—A Great
Gathering Expected—A Slight Change in Pro-
gramme.
Geo. E. Bradnack, secretary of the National
Association of Piano Dealers, returned from At-
lantic City on Wednesday, where he consummated
final arrangements for the convention of the As-
sociation, to be held at the Hotel Rudolf, from
May 23 to 26. Dealers and manufacturers in all
parts of the country are evidencing much inter-
est in the forthcoming re-union and already over
100 rooms have been engaged in the Hotel Rudolf.
The only- change in the program, as announced
in The Review some time since, is that a theatre
party will take the place of the hop scheduled for
Tuesday evening. The entire Savoy Theatre has
been engaged exclusively for that evening, and
the Savoy Stock Company will present "My
Friend From India."
The secretary reports a marked accession in
membership recently.
Some handsome souvenirs containing the pro-
grams of the convention, as well as portraits of
the officers, are being gotten up by an Atlantic
City concern, which will be distributed free to
members.
SALE OF ZELLMAN-SOCOL STOCK.
Hayne Davis, receiver, announces that the
property of the Zelman-Socol Piano Mfg. Co.,
bankrupts, consisting of piano cases, backs,
sounding boards, legs, actions, carload of snooks,
and other material for the manufacturer of
pianos, office furniture, etc., will be sold to the
highest bidder at public auction at the premises
lately occupied by the bankrupts herein, No. 152-
154 W. 127th St., in the Borough of Manhattan,
in the City of New York, on the 25th day of
April, 1904, at 10.30 o'clock in the forenoon. All
property will be sold for cash, and will be with-
drawn unless it brings 75 per cent, of the ap-
praised value. The property may be inspected at
the premises up to the time of the sale.
W. T. CRANE CO. ORGANIZED.
The W. T. Crane Co., of Syracuse, was incor-
porated with the Secretary of the State, at Al-
bany, N. Y., on Monday last, with a capital stock
of $10,000. The object is to deal in pianos and
other musical instruments in Syracuse. Incor-
porators: W. T. Crane, 440 South Salina street;
Mary F. Crane and Emily A. Crane, of the same
city.
HAS WEBER AND HARDMAN AGENCIES.
The Carstensen & Anson Co., the progressive
dealers of Salt Lake City, Utah, have, secured
the agency for the Weber piano as well as the
full Aeolian line, including the Pianola, Orches-
trelle, pianola piano and the Aeolian.
It is worthy of note that during his visit to
Salt Lake City, last week, Fred Lohr, the Hard-
man ambassador, arranged with the Carstensen
& Anson Co., whereby they secured the agency
for that territory for the Hardman and Harring-
ton pianos.
W. W. Kimball, president of the W. W. Kim-
ball Co., is sojourning at Atlantic City.