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THE MUSIC TRADE REVIEW
18) : 'The process was, in a broad sense, just the
same in 1888 as now.' In the meantime defen-
A Decision in the Suit of the National Phono- dant had perfected his celluloid methods and
processes and made a successful commercial prod-
graph Co. Versus Lambert of Interest.
uct. Complainant, about July 1, 1902, claims to
Bearing on the suit of the National Phono- use the process (X.Q. 110) at which time Edison
graph Co. against the American Graphophone says (X.Q. 109) mechanical duplicates were
Co., involving the validity of a patent relating abandoned.
to the process for making the so-called "gold
"It is to restrain defendant from manufactur-
moulded records," now pending before Judge ing these mechanical duplicates that complain-
Platt, United States Circuit Court, District of ant seeks to invoke the power of the court in
Connecticut, the following decision in the case support of its alleged rights under the caveat.
of the National Phonograph Co. against Lambert No reason is disclosed why ten years delay
Co., by Judge Kohlsaat, United States, Circuit should have followed the filing of the caveat. In
Court, Chicago, is interesting:
an age when science is making rapid progress
"The bill herein was filed to restrain infringe- one may not lie still and see advances made even
ment of patent No. 713,209, granted to Thomas along lines suggested by him and then after years
A. Edison, November 11, 1902, for processes for of forward movement assert his prior claim to
duplicating phonograms. Only the 2d, 3d, 4th, the broad invention.
Complainant and its
5th, 9th, 10th and 17th claims are actually in- grantors have slept in their rights. To hold
volved. On October 26, 1888 complainant filed otherwise would be unjust to defendant and
in the patent office a caveat for a process of others who have developed the art. The bill is
forming duplicate phonograms by forcing mate- dismissed for want of equity."
rial, made plastic by heat, against a matrix
The charge of infringement was brought under
formed upon the inside surface of a circular die the same patent now under review by Judge
and then permitting it to cool. The caveat as- Platt,' with whom a copy of the above decree,
serts that the phonograms 'will contract sufficient handed down August 17, 1904, has been filed.
away from the record to allow of its being taken
out.' From October 26, 1888, to March 5, 1898,
DAVID BEHREND'S OBSERVATIONS.
the date of the application, no steps were taken
by the patentee to secure a patent covering the Stern's Instrument Department Shows Remark-
matters Fet out in the caveat. From the testi-
able Increase in Volume of Business.
mony of Mr. Edison it appears that during that
period of ten years the process was in use in
David Behrend, who has just returned from
Edison's factory. A great many copies of records an eight weeks' road tour, gave a few interest-
made from matrices were placed upon the mar- ing facts regarding the increase in the volume of
ket. Edison used only such materials as re- business in Jos. W. Stern & Co.'s instrument de-
quired the employment of a mandril in expand- partment. To a Review representative he said
ing or forcing the material into the matrix.
in part: "I have just returned from what I con-
"The record discloses the fact that no par- sider one of my best trips, having taken good
ticular effort was made to maintain secrecy sized orders in nearly every town I visited, and
among the employes in regard to the process. in fact, brought back with me enough orders to
The fact that the phonograms were placed upon keep us busy for some time to come, getting them
the market in great numbers is satisfactory evi- out in time so that the trade can use them in
dence that the process was a commercial success. the holiday season. I do not consider that this
Mr. Edison himself says (answer to question price-cutting business about which there is so
TALKING MACHINE LEGISLATION.
COLUMBIA
much talk means anything at all. It is true that
a few houses are cutting in certain special
articles, but after all it finally figures down to a
question of quality, and you will find that where
certain articles are sold at cut prices other lines
are advanced in price sufficiently to make up
the difference. Any dealer who is thoroughly
posted in his line has already discovered that it
is cheaper in the end to buy from a reliable
house, and get every article he buys at the right
price, instead of paying more for goods which
he has to use in quantity and on which cutting
cannot be done, and getting specials on goods
that are unimportant and constitute a very small
percentage of the goods he needs.
"Another very encouraging outlook on this
trip is the fact that while the cheaper goods are
selling as well as ever there is a steadily increas-
ing call for the better class instruments, such as
violins, mandolins, guitars and banjos, and also
in all lines of strings. People are beginning to
know a little more what they are buying, and
they are willing to pay more to get superior in-
struments. I have just been looking over the
stock and account books of the department and
I am very pleased to see that the volume of
business has practically doubled itself over last
year, and we have found it necessary to place
two more men on the road a t once, so by the
first of January we expect to have the whole
United States covered by our traveling sales-
men. We held to the motto 'quality not quan-
tity,' when the department was first established,
and since 'quality' has been given, the 'quantity'
in respect to orders and volume of business has
far exceeded our expectations."
A new style harmonica is being shown by M.
E. Schoening. It is constructed after his own
design, has 20 double holes, 40 reeds, has a
strong, mellow tone, with brass covers firmly
nickel plated, and a finish up to the mark, and
sold to retail at 25 cents. It is said the "Chal-
lenge," as it is called, is a big favorite. Perhaps
Mr. Schoening, who reached home Wednesday,
is too modest to speak about this little big seller?
GRAF»HOF»HONES
The Best Talking Machines Made.
$5 to $100.
The Graphophone is the univer-
sal entertainer. It will Talk, Sing t
Laugh and Play. It combines all
instruments in one*
Send lor complete list of records.
THE WORLD-FAMOUS COLUMBIA
GOLD MOULDED CYLINDER RECORDS.
7 inch, 50c. ea.;
$5 per doz.
j COLUMBIA )
\ DISC RECORDS, f
10 inch, $1 ea.
$ to per do*.
Grand Opera Records (JO inch discs only), $2 each.
THE LATEST TYPE—Solid Mahogany Cabinet—Beautiful in design; and an ornament
wherever placed.
The Best Talking Machine Ever Placed Before the Public at this Price.
Absolute perfection of sound reproduction. All the sweetness, volume and beauty of the
original rendition.
The word COL UMBIA on a Talking Mach ine or Record is always a guarantee of merit and
quality.
Columbia Records Fit Any M&k« of T a l k i n g Machine
FOR SALE BY DEALERS EVERYWHERE AND BY THE
COLUMBIA
PHONOGRAPH
Type AV. $ 5 0 .
COMPANY
PIONEERS AND LEADERS IN THE TALKING MACHINE ART.
GRAND PRIZE, PARIS. 1900.
NEW YORK, Wholesale. Retail and Export, 868 Broadway.
UPTOWN, RETAIL ONLY, 872 Broadway.
LOS ANGELES, 828 South Main St
TORONTO, ONTARIO. 107 Yonge S t MEMPHIS, 802 Main St.
CHICAGO, 88 Wabash Ave.
SAN FRANCISCO. 126 Geary St.
PHILADELPHIA, 1019-1021 Market St CINCINNATI, 117-119 West Fourth S t MINNEAPOLIS, 18 Fourth St., South. PORTLAND ORE., 128 Seventh St.
INDIANAPOLIS, 48 N. Pennsylvania St. OAKLAND. CAL 612 18th St
ST. LOUIS, 908 Olive St (Friaco Bldg.) PITTSBURG, 616 Penn Ave.
TERRE HAUTE. 28 S. Seventh S t
KANSAS CITY. 1016 Walnut St
BOSTON, 164 Tremont St
NEW ORLEANS. 628-680 Canal St.
DUBUQUE, 628 Main St.
ST.
PAUL. 886 Wabasha St
BALTIMORE, 281 N. Howard St
DETROIT. 272 Woodward Ave.
ST. JOSEPH, MO., 718 Edmond St
DENVER, 606-607 Sixteenth St.
CLEVELAND, Cor. Euclid Ave. & Erie St MILWAUKEE, 891 East Water St.
SPRINGFIELD, MASS., 265 Main St
OMAHA, 1621 Farnam St.
BUFFALO, «46 Main St.
WASHINGTON, 1212 F St., N. W.
BERLIN, 71 Ritterstrasse.
LONDON, Wholesale, Retail, 89 Great Eastern St., E. C.
RETAIL BRANCH STOK, 800 Oxford St., W.
HAMBURG. AdolphsplaU No. 4.
PARIS. Ill and 118 Rue Montmartre.
ST. PETERSBURG. 58 Nevsld Pro»p«ct
VIENNA, Seilergasse No. 14.