Music Trade Review

Issue: 1905 Vol. 40 N. 12

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
12
THE MUSIC TRADE
DOMAN STATES CASE.
Inventor of Amphion Devices Writes Regarding
Points Involved in Interference Decision.
Mr. Edward Lyman Bill, Editor Music Trade
Review, 1 Madison Avenue, New York:
Dear Sir:—With reference to the article in last
week's issue entitled "Player Patents in Dispute,"
we would like to have you publish the following-
statements: The case in controversy involved
two interferences—in one case the parties were
Votey vs. Wuest vs. Doman; the other case was
the case of Wuest vs. Doman.
With reference to the case of Votey vs. Wuest
vs. Doman, we beg to say that the issue of this
case covers, as set forth in the claim:
"In a piano player, the combination with a
series of finger levers, of a plurality of separable
valve shelves, each containing a distinct aeries
of valves respectively in operative relation with
corresponding finger levers."
It will be noticed that this claim covers the
broad principle of a separable valve shelf, and
we concede that Mr. Votey made in 1896 a player
in which he used what, by a severe stretch of
imagination, might be termed a separable shelf
(in order to separate the shelves in this player
built by Mr. Votey in 1896, the action must be
removed from the case and the cover to the up-
right wind chest unscrewed and taken off before
the screws holding the shelves in place could be
gotten at). The fact that Mr. Votey took out a
patent on this particular instrument but made
no claim whatever on the separability, is proof
enough that he himself did not consider his spe-
cific construction of any value.
The Amphion Co. has no desire to avail itself
of any of Mr. Votey's inventions, and certainly
the Amphion Co. has never used the crude and
unsatisfactory construction disclosed in the piano
player exhibited by Mr. Votey, and which he
claims to have built in 1896. The fact that this
construction was never used in the Pianola, is
further proof that neither Mr. Votey nor the
Aeolian Co. considered it of any value.
It should be understood, therefore, that as far
as the interference case of Votey vs. Wuest vs.
Doman is concerned, the point at issue, viz.: the
broad principle of a separable valve shelf (such
as is shown in Mr. Votey's instrument of 1896), is
declared public property, and can therefore be
used by any manufacturer.
In the interference of Wuest vs. Doman (Mr.
Votey is not a party to this interference), there
is a claim which recites as follows:
"In a piano player, the combination with a
series of finger levers, each operatively connect-
ed with a motor and an individual valve mech-
anism for controlling the same; of a plurality of
separable valve shelves, each enclosing a definite
REVIEW
number of said valves, and each comprising a
vacuum chamber common to the valves which it
encloses; and registered wind ports in respective
valve shelves, for direct communication between
said vacuum chambers."
In the record of this case, Mr. Wuest alleges
conception in August, 1896, and reduction to prac-
tice in 1892, but, unfortunately, he has been un-
able to prove his allegation, and he himself ad-
mits on the record that he never built an opera-
tive apparatus before August, 1892. Doman's rec-
ord shows that he conceived the invention early
in 1900—that he made a complete working instru-
ment during the month of June of the same year,
and that he has since continued to manufacture
and sell instruments embodying the issue of this
interference. The Examiner therefore awards
judgment of priority to Doman, consequently: as
the matter now stands, the broad principle of a
separable shelf, as shown in the Votey player,
has become public property, but the specific con-
struction whereby these shelves are made with
registering wind ports at the end communicating
directly with each other, and whereby only one
bolt is required to clamp all the shelves firmly
together, and take up any shrinkage which may
occur, is awarded to L. B. Doman.
This construction is one of the many excellent
features of the Amphion piano player, and its
value is evidenced when we state that by the re-
moval of only one bolt at each end of the pneu-
matic action, one.or all of the valve shelves may
be removed without taking the entire action out
of the case. Should there be any shrinkage of
the wood of which the shelves are constructed,
whereby leakage of air is developed, it is only
necessary to tighten one bolt, and in order to
prevent the necessity of even this small outlay of
labor, means are provided which automatically
allows the various shelves to expand or contract
at will, and which at the same time keeps them
perfectly airtight.
Yours truly,
THE
AMPIIIOX CO.,
L. B. Doman, V. P.
STERN & CO. LOSE CONTRACT SUIT.
Elizabeth Marbury, a dramatists' agent, ob-
tained a verdict in the City Court, Part IV., New
York, Wednesday, for $1,050, against Jos. W.
Stern & Co., music publishers, in a suit for breach
of contract. The case was tried before Chief Jus-
tice O'Dwyer and a jury. An appeal was taken by
Stern & Co. the following day.
THE MERRILL CASE.
(Special to The Review.)
Boston, Mass., March 24, 1905.
It looks as if the Merrill case were approaching
adjustment, which undoubtedly means the retire-
ment of one of the interests.
EDWARD H. COLELL MARRIED.
Edward H. Colell, who for years has been man-
ager of the Wissner Piano warerooms, and prom-
inently identified with the musical affairs of
Brooklyn, was married at the Hotel St. Regis last
Wednesday to Mrs. Emma K. Lister, of Newark,
N. J. The ceremony was performed by the Rev
Dr. Frazier of Newark.
The first wife of Mr. Colell, who was the daugh-
ter of one of the cabinet ministers of Napoleon
III., was fatally injured on the train wreck at
Montclair, N. J., seven years ago.
ITEMS FULL OF MEAT.
The Fred C. Hall Piano Co., Meriden, Conn.,
will move their business to 257 Main street, in
that city.
The Aeolian Weber Piano and Pianola Co. has
declared the regular quartely dividend of 1%
per cent, on its preferred stock.
Fred Kessler, who has been for some time
salesman with the John Church Co., will leave
the Everett warerooms April 1.
Among the visitors during the week were Ru-
dolph Steinert, Edward F. Droop, oi Washing-
ton and Mr. Biekarck, of Warren, Pa.
Joseph F. Poche, formerly of the Apollo forces
in New York, has gone into business with D. H.
Ravenes, an old-established firm in Hattiesburg,
Miss.
Wolf's Music House, Perth Amboy, N. J., was
incorporated Thursday, with a capital of $100,-
000. Incorporators: David Wolf, Ludwig Wolf
and Frieda Loeb.
CHRISTMAN ON THE "PRAIRIE.'
Wm. Anzinger, Springfield, O., has enlarged his
retail establishment and will shortly have one
of the most attractive piano warerooms in his
section. His new locality is at 51 West Main
street.
The officers of the United States training ship
Prairie visited the Christman warerooms this
week and selected one of the latest Christman
upright models. The instrument was immediate-
ly placed on the ship, which is now on its way
to Southern waters.
Howard Hill, formerly known as Psycho, now
traveling representative of the Melville Clark
Co., arrived in New York on Friday morning. Mr.
Howard states that the demand for Apollo pianos
is something enormous.
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE.
MUSIC TRADE
REVIEW
13
sons and every one about Lyon & Healy's feel
greatly encouraged because of the favorable re-
ports.
That Absurd "Piano Combine" Story Sounded Like the Big "Bonfire Story" at Atlantic City
Col. W. S. Rich, secretary of the McPhail Piano
Nothing in It—Denials, of Course—Round About the Chicago Trade—Chase & Baker Re-
Co., of Boston, is in Chicago this week. He is on
ports Well Known Salesmen and Dealers in Town—The Seybold Organ.
a general western trip.
J. F. Corl, secretary and factory superintendent
(Special to The Iieview )
organ of distinctive merit, but it is not neces-
sary for the organist to have a special assistant of the Story & Clark Piano Co., is in Chicago
Review Office, 36 La Salle St.,
to manage the stops, as might be inferred from going over the plans for the big new factory to be
Chicago, March 22.
a typographical error made in an item referring added to the present plant at Grand Haven, with
One of the principal topics of conversation in
to their new two-manual organ last week, and E. H. and Frank Story.
the trade this week is the "piano combine" story
which accredited the instrument with 190 instead
Prank T. Millner, the W. W. Kimball Co.'s well-
which appeared in the Chicago Inter-Ocean last
of 19 speaking stops.
known pipe organ salesman, who operates from
Saturday. There is little disposition in the trade
to take the matter seriously, all the companies
The Cable-Nelson Piano Co. are more than coast to coast, is at present in Chicago. Mr. Mil-
mentioned emphatically deny that there is the pleased with the manner in which their wholesale ner is the man who made the phenomenal record
slightest truth in the story, and if there is such trade keeps up. It taxes their factory to the of taking contracts for eight pipe organs in one
a thing as a prospectus floating around, your cor-
utmost to care for it, and the increased capacity town in a day. This was at Vandergrift, Pa.,
respondent is unable to find one who has seen it.
furnished by the new factory at South Haven will on December 21, 1903. Among the contracts en-
Secretary H. L. Draper, of the Cable Company,
provide a needed relief. They will start making tered last week were those for the Hancock
said: "There is absolutely nothing in it so far cases at South Haven next week, and the plant Street M. E. Church, Philadelphia; Convent of
the Holy Nativity, Fond du Lac, Wis.; Adrian,
.as I am aware, and none of the officers whom I
will be in complete operation by May 1.
have been able to reach know anything about
Miss Nellie A. Doherty, the popular woman Mich., M. E. Church; M. E. Church, Everett,
such a proposition. Mr. Peavey is now with Mr.
piano dealer of Dubuque, la., and the Kimball Wash.; Church of the Immaculate Conception,
Shaw in the South. I have received a clipping
agent at the city, is a Chicago visitor this week. Faribaulr Minn., and Methodist Church, Lan-
from an Eastern paper from one of our directors
Aloys Brambach, of the Brambach Piano Co., sing, Mich.
who is the closest in touch with Mr. Peavey, and
Among the visiting dealers the past week were
New York, was a Chicago visitor last week.
his comment is 'I have not heard of this.' So far
H. C. Pressy, secretary of the Lester Piano Co., W. H. Elmer, Winona, Minn.; W. C. Totten, Rock
as I can see it is simply the outgrowth, with
Philadelphia, was a caller on the trade locally' Island, 111.; M. Drolet, Kankakee, 111.; G. S.
peculiar embellishments, of rumors of a consoli-
Perry, Lodi, Wis.; J. B. Thierry, Milwaukee; E.
last week.
dation between ourselves and the Bush & Gerts
President P. G. Jones, of the Schiller Piano E. Haldeman, Aurora, 111.; and both members of
Piano Co., having for a basis nothing more than
Co., Oregon, 111., was in Chicago to-day visiting the firm of Clausen & Anderson, Canton, 111.
our taking the retail agency for the Bush & Gerts
his resident representative, P. M. Hood, who has
pianos in Chicago, and the Bush & Gerts Piano
just returned from a very satisfactory trip of five
POPULAR CHICKERING CONCERTS.
Co. taking the agency for our line at several of
weeks' duration among their trade in Wisconsin,
their branch houses. We took pains to officially
Minnesota, Kansas and Missouri. The company
deny this several weeks ago."
are bringing out two new styles, Nos. 25 and 30, Houses Sold Out and Concerts Generalfy Ap-
plauded
the latter being of particularly unique but taste-
W. L. Bush is now in Kansas City, but Secre-
ful design. Mr. Jones left to-night for St. Louis.
tary Miller, of the Bush & Gerts Piano Co., said
(Special to The Review.)
to-day that there was positively nothing in the
The Wm. Gerner Piano Co. have strengthened
story, that no such proposition had been made
Boston, Mass., March 22, 1905.
their retail force by the acquisition of C. J. An-
or anything whatever of that nature considered.
"Have you any pull with these people? I wan t
derson, who for twelve years past lias been with
C. R. Dickerson, of the Strohber Piano Co.:
the Cable Company. He has a large following to buy four tickets to this concert and can't.
"It's all news to us—simply the result of some-
with the Scandinavian trade. C. Westerlund has They are all sold and here's about 200 people
body's fertile imagination." President and Gen-
also joined the Gerner forces. The Price & Teeple who are in the same box."
eral Manager Mudge is -also quoted as having
piano, which is the company's leader, is strong
These words from a music lover greeted The
made an unqualified denial of the story prior to
in its home town and they are enjoying a good Review representative at the door of Chickering
leaving for a short trip he is now making among
business.
Hall, on the occasion of the twel/th Sunday Cham-
his trade. Many points of inconsistency in the
P. W. Teeple, of the Price & Teeple Co., is ex- ber Concert in Chickering Hall, under the auspices
story are pointed out, particularly the absurd
pected home this week from his trip to the coast. of the Chickering & Sons Piano Co. This is inter-
inadequacy of the capital mentioned.
It has been a pleasant one, judging from the or- polated here merely to show what a remarkable
success this series of concerts has been. It is a
ders which have preceded him.
Report puts it that George A. Baker, of the
Chase & Baker Co., is to make his home in Chi-
The many friends of W. L. Bush will be grati- fact that over 400 persons were turned away
cago again. He was here last week, and it is fied to learn that the suits instituted against him last Sunday, and every seat and every inch of
said permanently engaged apartments at the by Dr. Price in relation to the valuable property standing room the law allowed was occupied.
Hyde Park Hotel.
at the corner of Division street and Dearborn Tickets were at a great premium.
The attraction was the Kneisel Quartet (its
One story gives it that the Chase & Baker Co. avenue, have been dismissed and Mr. Bush now
has sole possession of the property. It is prob- second appearance at these concerts), and the
are to open a store of their own in Chicago.
Bach's quartet in G
Ernest Schelling, a favorite pupil of Paderew- able that the palatial improvements contemplated programme included:
a year or two ago will be resumed as originally minor, the Romance from Grieg's quartet in G
ski, and whose recitals in the East succeeded in
intended.
minor, two movements from a quartet in G minor
raising his audiences to a high pitch of enthusi-
asm, according to the press reports, will appear
J. George Laffargue, president of the Laffargue by Claude Debussy, and Beethoven's quartet in
with the Chicago Orchestra the latter part of this Co., New York, was in Chicago last week en route B flat.
week. He will also appear before the Amateur
to the Coast.
The generally conventional programme was
Musical Club of Chicago, an organization com-
The first of a series of concerts inaugurated by played with the quartet's accustomed finish. The
prising 500 women prominent in Chicago's best
performance of the works by Bach and Beeth-
Retail Manager Fletcher, of the Chicago house of
social circles, and' who have reason to congratu- P. G. Smith, will be given Wednesday evening, oven requires little further comment, for this
late themselves in having a pianist of such dis-
music is not deeply emotional, nor can any per-
March 29, the purpose being the exploitation of
tinction at one of their functions. This will take the Bradbury small grand, which is meeting with formance of it be especially stirring; it is tran-
place Monday next at Music Hall. Mr. Schelling decided favor in Chicago. The pianiste will be quil, and induces meditation rather than a glow.
is accredited with marked success in Europe. He Miss Bertha M. Stevens, a favorite pupil and for- To the general audience, Grieg's romance proved
is using the Mason & Hamlin piano exclusively on
mer instructor under Wm. E. Sherwood. She will most pleasing—a piece full of sentiment and
his American tour.
pretty turns, charmingly played by the quartet.
be assisted by Miss Gilda McCoy, soprano.
Manager W. W. Griggs, of the Cable Company's
Here's an extract from a letter recently re- The gem of the programme, however, was the
wholesale, said: "We are having correspondence ceived by the Straube Piano Co. from one of their exquisite music of Debussy. How different was
this year from more firms desiring to interest
western customers: "We like your piano, the this, in suggestion, from the solid Teutonic
themselves in our lines than ever before. The
Straube, very much, but there is one thing—we works, or the surface sentiment of Grieg—how
foreign inquiry is particularly marked. It shows
can't keep one in the house. They hardly land remote the atmosphere! The hearer was trans-
the growing interest displayed in American
before they are picked out from all others on the planted from his state of somnolent content,
coaxed out of his New England shell.
pianos. Here, for instance, is a request for prices
floor. Will have to order a carload shortly."
from a large Australian concern received this
The charm of Debussy's music is as inexplica-
Manager Maynard, of the piano department at
morning. Now, I believe that all American manu- Rothschild & Co.'s, is very much gratified with ble as it is irresistible; its rythmic effects are
facturers need to do in order to successfully com- the Wednesday afternoon concerts which he has more than a matter of mathematical progression;
pete with and supplant German instruments is to been giving this year. The fourteenth and last its emotional effects are strongly stirring and
secure their pianos a showing. When once in- of the present series will occur Wednesday of
unsettling. The two movements were played
troduced, the demand is for the American goods, next week. Pianists and musicians of prominence with much imagination, with perfection of tech-
notwithstanding the difference in price in favor
have appeared at each concert and the affairs nical detail. The performance was altogether
of the German product.
such as to emphasize the need of more such
have been effective in influencing trade.
music on our programmes.
Clinton D. Martin, manufacturer of Clinton and
There is really good news from the sick bed of
Martin pianos, Newton, Mass., was a Chicago vis- Mr. P. J. Healy. The past few days have shown
For the next concert, the last of the series,
itor the other day.
a very marked increase in strength, and he is now Mr. Charles Gilibert, baritone, and Miss Marie
The Seybold Reed Pipe Organ Co. make an
taking more nourishment than for weeks. His Nichols, violinist, are announced.
FROM THE QUEENjOFJTHE INLAND SEAS.

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