Music Trade Review

Issue: 1904 Vol. 38 N. 18

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
TH
MUSIC TRADE! REVIEW
41
scribed the diaphragm as being practically free at its
scene of laughter and shouting, in which indi-
edges, it is clear that while this construction of ad-
justment is preferable, my improvements herein de- vidual voices were easily recognizable.
scribed and claimed are applicable to constructions
Important Suit Bearing on Sound Boxes for wherein
For the present this clever conjunction of two
the diaphragm may be clamped at its edges,'
"The decree is affirmed with costs."
Talking Machines—A Decision of Moment.
familiar inventions is not before the public. But
GRAPHOPHONE CO. WIN
An appeal from the decision of the Hon. James
P. Platt, of the Connecticut United States Cir-
cuit Court, in the case of the Victor Talking
Machine Co. against the American Graphophone
Co., in which was involved a question of an
"improvement in sound boxes for talking ma-
chines," the decree in favor of the defendant
was affirmed unanimously by the United States
Circuit Court of Appeals on Thursday last. This
decision is final, and a complete transcript fol-
lows:
BIOPHONTOPHONE THE LATEST.
An Alliance of the Cinematograph and Grapho-
phone Which is Destined to be Heard of in the
Future.
A scientific alliance between the cinemato-
giaph and graphophone by which both action
and sound are put on record and reproduced at
the same time with startling fidelity to the orig-
inal, is the latest development.
To Herr Oscar Messier, of Berlin, and M.
United States Circuit Court of Appeals, Second Circuit.
Victor Talking Machine Co., Complainant-Appellant,
Gaumont, of Paris, is due the credit of bringing
against American Graphophone Co., Defendant-
this invention to its present state of compara-
Appellee Before Wallace, Lacombe and Townsend,
Circuit Judges. Ayi-il 21.
tive perfection, and the most unimaginative
OPINION.
"This cause comes here upon appeal from a decree
mind is awed by contemplation of uses to which
of the United States Circuit Court for the District of
it may be put in the future.
Connecticut, dismissing a bill alleging infringement of
complainant's patent No. (J79.890, granted August 0,
It is possible not only to produce single scenes
1901, to Eldredge It. Johnson for a sound box for talk-
ing machines.
from the stage, faithful both in action and voice,
"The single question herein is that of infringement
of claims 7, 11 and 16. Each of these claims is lim- but historical moments may also be fixed for
ited to a construction comprising 'a tempered steel
future generations, battles chronicled, great de-
spring,' or a 'thin, twisted spring,' having twisted ends.
The essential element of the invention claimed in the bates recorded, adventures depicted, with stir-
patent in suit is the provision of means for 'a very
delicate connection between the diaphragm and the
ring truthfulness to eye and ear, and a thousand
stylus bar,' said means comprising a spring 'made of
other developments expected from an invention
finely tempered steel,' each end being twisted or bent
in opposite directions,' so as to secure a balance by the
which is none the less surprising because the
resultant high tension of the spring.
"The defendant does not use a finely tempered steel
means to it have been at hand so long.
for said connection and mounting. Its attaching piece
The first demonstration, partaking of the na-
is made of low grade sheet steel, soldered to the bar
by a process which would necessarily destroy the tem-
ture
of a music hall "turn," was in London, last
per, if any, in said piece. It clearly appears from the
evidence, and was shown by a practical demonstration
week, and although of a private nature, was sug-
upon the hearing, that these attaching pieces were not
gestive of the possible future of Messrs. Messler-
resilient, but that they remained in any position in
which they might be bent or twisted.
"It further appears that defendant's attachment is Gaumont's "Biophontophone."
not twisted, but is inserted "as nearly flat as is practica-
One incident represented drill by German sol-
ble in order to avoid all tension on the stylus box. Hence
diers, the officer's voice echoing clearly through
result two radically different constructions, based on
opposing theories as to the effect of high tension as
the theatre, while the action of the men fol-
contrasted with low tension or no tension. These con-
clusions dispose of the contention of infringement as to
lowed in the most natural way.
all of said claims.
Another item was a song from "Lohengrin,"
"Claim 16 also covers 'yielding gaskets, adjusted so
as to prevent the said diaphragm from rattling, yet
every tone of the actress' synchronizing in this
leaving it free to vibrate throughout its entire area."
Such gaskets were old ; the patentee, in a prior patent, case so completely with her corresponding
had described and claimed a construction for so mount-
movement that it became exceedingly difficult
ing the diaphragm that it would vibrate practically
evenly throughout its entire area, and the specifications
for the spectators to keep the unreality of her
and said claim of the patent in suit fail to suggest any
definite degree of pressure, except such as may, in the
performance
in mind. A corner of a crowd on a
judgment of the constructor, be best adapted to secure
.ho best results. The patentee says : 'While I have de-
German race-course reproduced a tumultuous
COLUMBIA
RECORDS
it is sure to fulfil its lighter duties of amuse-
ment when it is, and its more serious one as a
record supplies, for the time, matter for inter-
esting speculation.
THOSE "GENUINE" VIOLINS.
The Strad. Stories Which Make Copy For the Daily
Papers Are the Worst Rot.
"One of the biggest fakes in the trade is the
so-called genuine Stradivarius violin," remark-
ed an expert in the lin« to The Review this week.
"There must be thousands of these fiddles float-
ing around, and they keep coming to the front
continually. In the trade it is considered a joke,
to speak of a 'Strad.' until some chap comes
along with what he considers is the real thing,
and then you must handle him with gloves, or
there'll be war right off. Every large house is
more or less bothered with violin cranks, and a
few have one around the premises to whom these
parties are referred. Lyon & Healy have a fixed
charge of $5 for passing an opinion on the age,
antiquity, value, or genuineness of any instru-
ment submitted to them. It is perfectly proper,
for unless a charge is made for the attention, the
parties with violin wheels would take up one's
entire time."
ALBERT'S GROWING STRING TRADE.
(Special to The Review.)
Philadelphia, Pa., April 26, 1904.
C. F. Albert, the violin and string manufac-
turer of this city, says he expects to run his
factory full handed all through the summer to
get a big supply of strings in stock. He is just
about closing the largest season in the long his-
tory of the house, and has more than doubled
his output this winter of the famous G strings.
These strings are purchased by leading artists all
over the world.
A Word About Gold-Moulded FLecords
Columbia Moulded Cylinder Records were the first Moulded Records on the market by
about a year.
They always have been GOLD-moulded. A gold mould is the ONLY economical and efficient
mould known to the art.
Moulded records are superior to the old engraved records, because they may be made of
HARDER material. Hard records last longer and have a better quality of tone.
A gold-moulded record made of SOFT material would be no better in quality than an
ENGRAVED record in soft material.
The best Moulded Records are not only GOLD-MOULDED; they are SUPER-HARDENED.
Gold-moulded records are LESS expensive than engraved records. The PROCESS is simpler.
Formerly, BLANK cylinders were moulded, then SHAVED, then ENGRAVED from an original. The
originals soon wore out under the reproducing stylus.
Now, a gold-lined MOULD is made from the original, and the product of that mould is a
SMOOTHLY FINISHED cylinder, with the SOUND RECORD ALREADY ON IT. The life of the original is
increased ten times, a hundred times, a thousand times.
A record is not MORE expensive because it is gold-moulded.
It is LESS expensive.
Columbia Moulded Cylinder Records are NEW records, made by a NEW process. They are
not only gold-moulded. They are SUPER-HARDENED.
Irrespective of PRICE, they are superior in QUALITY to any other gold-moulded record on
the market.
FOR SALE BY DEALERS EVERYWHERE, AND BY THE
COLUMBIA PHONOGRAPH COMPANY
PIONEERS AND LEADERS IN THE TALKING MACHINE ART
GRAND PRIZE, PARIS, 1900
UPTOWN,
NEW YORK. Wholesale. Retail and Export, 98 Chambers St.
CHICAGO. 88 Wabash Ave.
PITTSBURG. 615 Penn Ave.
PHILADELPHIA, 1019-1021 Market St.
NEW ORLEANS, LA., 628-630 Canal St.
ST. LOUIS, 908 Olive St. (Frisco Building).
DETROIT, 37 Grand River Ave.
BOSTON, 164 Tremont St.
MILWAUKEE, 391 East Water St.
BALTIMORE. 231 N. Howard St.
WASHINGTON. 1212 F St., N. W.
CLEVELAND. Cor. Euclid Ave. and Erie St.
TORONTO, ONTARIO, 107 Yonge St.
BUFFALO. 646 Main St.
MINNEAPOLIS, 13 Fourth St.. South.
SAN FRANCISCO, 126 Geary St.
INDIANAPOLIS, 48 N. Pennsylvania St.
RETAIL ONLY,
LONDON. Wholesale, Retail. 88 Great Eastern S t , E. C. RETAIL BRANCH STORE, 200 Oxford St., W.
PARIS, 111 and 118 Rue Montmartre.
ST. PETERSBURG. 68 Nevski Prospect.
872 Broadway.
KANSAS CITY. 1016 Walnut St.
ST. PAUL. 386 Wabasha St.
DENVER. 606-507 Sixteenth St.
OMAHA, 1621 Farnam St.
LOS ANGELES, 823 South Main St.
MEMPHIS. 802 Main St.
PORTLAND, ORE.. 128 Seventh St.
OAKLAND, CAL.. 468 18th St.
BERLIN. 71 Ritterstrasse.
HAMBURG, Adoiphsplatz No. 4.
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE
42
MUSIC TRADE
REVIEW
In tKe World of Music PublisHing
music end of the department store must cut
prices in order to make sales, and those prices
Publishers Note Much Snap and Ginger to Busi- are generally below the regular wholesale figure.
ness This Week—More Work is Necessary to We have a department store price also, but it
Bring Results, but I t is Hoped Betterment covers a quantity, and we are prepared to make
it just as interesting to the recognized dealer.
Will be Stable.
For, after all, we know that the discriminating
With the arrival of more seasonable tempera- public, those who really do the bulk of the buy-
tures, the expected turn for the better in business ing, rather go to the regular music store, where
is in sight, and most publishers speak of the they can get anything they want in a straight-
past week as bearing witness to this fact. The forward way, minus any of the 'funny' depart-
general tone is better, and outside advices are of ment store drawbacks apparently inseparable from
the same tenor.
bargain-counter tactics. We have watched the
From the point of view of one publisher, whose game carefully, and have come to the conclusion
reputation and catalogue is in the front rank of
that the 'woods for us' is far better than getting
the trade's estimation, business is again acquir- in the mix up; in other words, none of it for
ing snap and ginger. There is considerable going our house. We are after the dealer, and do not
on now in the way of strong new issues in every propose to have the jobber intervene with his
style and school of composition, "from grave to
bluff. Our facilities for handling the trade di-
gay, and from lively to severe." According to this
rect are unequalled, and as we have the goods,
authority activity in the line is marked, though
all we now want is to establish those friendly re-
it will lessen with the approach of warm weather,
lations which should prevail between the pub-
a natural tendency; and in this strain he con-
lisher and the retailer to the permanent benefit
tinued his experienced estimate of trade condi-
and profit of us both."
tions to The Review as follows:
"We never miss a trick when business is to be
BRITISH PIRATES WILL TRIUMPH
had, though our established policy is along lines
above even a suspicion of questionable methods,
If New Musical Copyright Bill Passes the House
for we prefer the golden rule rather than David
of Lords in Present Form—Supporters of Bill
Harum's philosophy of 'doin' the other fellow
by Their Neglect Permitted the Insertion of
'fust.' Now, then, with these premises we must
Amendments That Impair Its Usefulness.
say business is not of that inflated, harum-scarum
quality on which the carelessly written news-
The musical copyright bill was considered at
papers are wont to report; a species of hot air, several sessions of the standing committee of the
highly colored stuff in which no sane business British House of Commons, last month; and on
man takes any stock, but i t is good neverthe- the 24th it was ordered reported for passage with
less. We believe the trade papers should reflect amendments that jeopardize its usefulness to
the brighter side of the situation always, at all publishers, unless it can be re-amended in the
times; but this can be done, as I am happy to House of Lords, and made more stringent.
say is the practice of The Review, in a manner
The opponents of the publishers had it their
that appeals to a common sense grasp of affairs. own way, owing to the absence of the supporters
"With this before us we can say, and without of the bill, and the measure was amended in
any fear of successful contradiction by reputable
such a manner as to make it almost useless. In-
publishers, that business is fairly brisk, not stead of rendering the pirate printer liable for
poor. Our great catalogue and productions keep 20s. ($5) for each copy, and 101. ($50) for each
us engaged, but what can be said of concerns plate, the penalties were reduced to 5s. ($1.25)
who seem to devote their entire time and atten- per copy and 51. ($25) per plate, with a maxi-
tion to pushing a single number? The best of
mum of 201. ($100). The rejection of the clause
these so-called hits are short-lived the way music which enabled the court in its decision to impose
is sold these days, and the trade and public de- any term of imprisonment not exceeding one
mand constant change and variety; for these are month in lieu of a penalty, was also secured.
times when the race is to the swift in our line.
It is understood that, even now, pirates will be
Then again, the slowing-up period has not ar- liable to imprisonment in default of payment of
rived yet, besides an unusual active fall is a cer- the penalty, although this is only the opinion of
tainty, and we are making preparations on a a police magistrate, and the matter is not at all
commensurate scale to meet the demand.
clear. But the power to imprison without the
"Another thing, we are making every effort to option of a fine was, owing to the lax manner in
reach the dealer direct, and cut out the jobber. which the supporters of the bill attended, re-
The department scheme may be all right to those jected, on a division, by 11 to 8. Also, instead of
that like that style of doing business, but there coming into force at once, the bill was post-
is no money in it. In the first place the sheet dated to October 1, and it will not apply to the
TRADE IMPROVEMENT CONTINUES.
THE BIG FIRM
PUBLISH
JT
Book by STANISLAUS STANGE
Lyrics by WILLIAM JEROME
Music by JEAN SCHWARTZ
SHAPIRO,'RE MICK 6 CO
New York Office: 45 W. 28th St.
Detroit Office: 10 Witherell Street
The Broadway
Cyclonic Success
1
A Musical Cocktail
Isle of Man. These and other alterations are
serious, and unless made more stringent on final
passage will not effect its original purpo&e.
It was likewise pointed out that some of the
pirates were men of means, and were profiting
at the rate of $200 a week, and that while under
the proposed amendments the street peddlars will
bo hit, the real culprit will be able to report his
offence over and over again. A new clause was
added, requiring to be printed on the title page
the registration of copyright and the date of first
publication; also another preserving the rights
of foreign copyright owners under the bill.
ONE OF OUR CLEVER AMERICAN WRITERS.
Almost every one in glancing at this pic-
ture of William Loraine will involuntarily think
of odd, striking intermezzos, full of Oriental
color and fairly vivid with tone pictures: such is
WILLIAM LORAINE.
the strong impression his "Zamona," "Pana-
tella," "Miss Chrysanthemum," "Franco-American
Dance" and similar compositions have made on
the public mind. It is scarcely fair, however, to
think of William Loraine in connection with just
one phase of his varied musical ability, simply
because that one style is the most striking. Mr.
Loraine's talent as a musician is too well rounded
for that, as was well shown in "Peggy from
Paris," which he furnished with the daintiest,
most popular and typically American style of
music possible: just as humorous and chic as
music would have to be to fit George Ade's lib-
retto in the new comic opera, "The Fillibusters."
The
MUSICAL
GEMS
of w h i c h
ALAN DALE s a y s :
"Not since Florodora has there been such a collection
of fascinating music."
And h«re they arc...
" The Melancholy Sunbeam -——-——^—-
and the Rose"
Medley
" M-A-C A-R-O-N I "
"I Don't Want any Wurtzburjier" Selection
" Under the Goo Goo Tree "
Landers
" Dear Old Manhattan Isle"
"The GhostThat NeverWalked" Waltz
" My Unkissed Man"
Two Step
" Love, Love, Love"
"Lutie"
Medleys
" Barney Donohue "
"I'm So Happy"
THE ABOVE
"Since Little Dolly Dimple
MARKED 60
Made a Hit"
" For You "
"Forte With Your Trumpets Special Price
for One
and Your Drums"
" I've Interviewed the Wide, Sample Order
Wide World"

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