Music Trade Review

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THE MUSIC TRADE
39
REVIEW
In tKe Musical MercKandise Domain
TALKING MACHINE PRICES UPHELD.
SMALL GOODS MEN PLEASED
CH. WEISS COMING
With General Outlook—Orders Coming in Lively
Fashion—Import Conditions Not Satisfactory—
A Peculiar Situation.
To Visit the St. Louis Exposition and t h e
Trade—Frank Scribner's Guest.
A Number of Recent Decisions Which Are of
Interest to the Manufacturer and Dealer.
Ch. Weiss, the famous harmonica manufac-
turer of Trossingen, Germany, sailed from
Bremen coming this way on the 10th, aboard the
Kaiser Wilhelm der Grosse, of the North Ger-
man Lloyd line. Frank Scribner, his American
representative, received a cable to this effect,
and on his chief's arrival in New York Tuesday,
will lay out a personally conducted tour to the
leading business centers of the country, includ-
ing a look at the St. Louis World's Fair. Mr.
Weiss will remain in the States about a month,
and in that time will also collaborate with Mr.
Scribner on a new edition of their catalogue,
which will be greatly enlarged, to accommodate
a suitable presentation in illustration and de-
scription of his extensive line of goods.
Decisions in the United States courts bearing
on the selling rights in control of the manufac-
turing company holding talking machine patents
have appeared from time to time in The Review.
One of the latest, in line with former decrees on
these selling agreements, is that furnished by the
final opinion handed down by Judge Van Devan-
ter, of the United States Circuit Court of Appeals
for the eighth district, against C. W. Schlegel
and T. N. McNevin, dealers of Davenport, la.,
as follows:
"An unconditional or unrestricted sale by the
patentee or by a licensee authorized to make such
sale, of an article embodying the patented inven-
tion or discovery passes the article without the
limits of the monopoly and authorizes the buyer
to use or sell i t without restriction, but to the
THE BANJO IN THE ASCENDANT.
extent that the sale is subject to any restriction
upon
the use or future sale the article has not
A Virtual Renaissance of Popularity in All
been released from the monopoly but is within
Parts of the Country.
its limits and, as against all who have notice of
(Special to The Review.)
the restriction, is subject to the control of who-
Philadelphia, Pa., May 10, 1904.
ever retains the monopoly. This results from
That there is evidently a remarkable revival in the fact that the monopoly is a substantial prop-
popularity of the banjo is apparent from a visit erty right conferred by law as an inducement or
to the establishment of the Bauer Co., 1410 and stimulus to useful invention and discovery, and
1412 North Sixth street, this city. While there is that it rests with the owner to say what part of
a great demand for the Geo. Bauer mandolin and this property he will reserve to himself and what
guitar, it is obvious that the S. S. Stewart banjo part he will transfer to others, and upon what
and banjeurines 'have the floor." The banjo terms he will make the transfer."
interests are awakening all over the country. A
Further, after mentioning limitations which
number of clubs are organizing and reoiganizing attach to all property rights under the general
to give old-time banjo concerts.
law of the land, none of which is applicable to
Never was the old-time adage, "History repeats the facts of this case, it is said in Bement v.
itself," so true as to-day. A short while ago it National Harrow Co.:
was the mandolin or guitar that was most widely
"Notwithstanding these exceptions, the gen-
popular. While these instruments are still sell- eral rule is absolute freedom in the use or sale of
ing steadily and well, the banjo is running far rights under the patent laws of the United States.
ahead at present in sales, and the Bauer Co. are The very object of these laws is monopoly, and
A HOUSE OF WORKERS.
evidently "it." Orders are being received for the the rule is, with few exceptions, that any condi-
No sooner has one partner got back to hold products of this house from all parts of the coma- tions which are not in their very nature illegal
down his desk than the other end of Buegeleisen try, and it would seem from the present outlook with regard to this kind of property, imposed by
& Jacobson gets right out in the trade and hustles as if the Bauer Co. would this year break all the patentee and agreed to by the licensee for
the right to manufacture or use or sell
for business. This week and next Dave Jacob- records in the history of their establishment.
the articles, will be upheld by the courts.
son is on the New England circuit, where he has
ADVERTISING EXTENSIVELY.
The provision in regard to the price at which
cinched a line of trade that will stick. Mr. J.
left New York Monday, and on his return will
The W. G. Woodmansee Piano Co., of Cincin- the licensee would sell the article manufactured
have a "juicy" tale of trade ready for judicious nati, who recently purchased the Grau piano under the license was also an appropriate and
reasonable condition. I t tended to keep up the
distribution.
stock, are advertising extensively.
Within a week the change in the feeling among
the small goods dispensers is marked. Belated
orders have materialized in a fashion quite aston-
ishing and current trade is maintaining the force
and effect of this influence. The call for goods is
bothering the importers; the shipments from the
European musical merchandise centers are not at
all satisfactory.
As indicated before prices on the other side
are in a state of transition, and the prediction
may be hazarded that the minimum figures here-
tofore prevailing on the lower grades of violins—
and possibly on even staple 'cellos and basses—
may never be quoted again. Importers are far
from frank in their statements, and the lame ex-
planations are certainly excusable under the cir-
cumstances, for it appears a radical change is
taking place in the industrial status of the so-
called "sweat-shop" system of Germany, under
which the major part of these goods are made.
This system has enabled the German musical
merchandise factors to control the business in all
parts of the world, and it must be admitted that
in point of correct construction and admirable
finish they have no equals. Therefore, a change
in price on a higher and more positive basis is
sufficient to give the trade pause.
The "shorts" in the market—for the first time
in the history of the trade, maybe—have felt
their position keenly. They have hastened to Eu-
rope in order to "mend their fences," for it is
accepted as a foregone conclusion that the fall
trade will be a record breaker, and preparations
are being made accordingly. Present and pro-
spectively the small goods trade are satisfied
with the showing, and not a discordant note is
heard excepting from the shell backs.
T
"BEAUTIFUL OBJECTS"
BEAUTIFUL SOUNDS"
Splendid examples of "BEAUTIFUL OBJECTS" are the
S.
S.
STEWART
BANJOS
AND THE
GEO. BAUER MANDOLINS AND GUITARS
Our Catalogue
for the asking
Headquarters
for TRIMMINGS, Etc.
141O - 12
9
Selling Agents:
rv
I
Canadian Headquarters:
SHERMAN, CLAY & CO., S a n F r a n c i s c o , Cal. | IMORDHEIlVf ER FHANTO & 1VHJSIC CO., Toronto, Ont.