Music Trade Review

Issue: 1905 Vol. 40 N. 4

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE
TO HASTEN CUSTOMS CASES.
Judges Blame Importers and Counsel for Delay.
Some time this week a conference was held in
this city between representatives of the Treas-
ury Department, the Department of Justice, the
Board of United States General Appraisers, the
United States district attorney, and the judges
of the Federal courts in this circuit, to devise
some plan of expediting the trial of customs
cases before the Circuit Court and the Court of
Appeals.
The delay in this class of cases has assumed
the proportions almost of a scandal. It usually
takes two or three years to reach the trial of a
case of any importance. The government offi-
cers say that there is no reason why such cases
should not be reached in as many months if the
importers and their lawyers were willing.
If the case is of any importance it is invari-
ably appealed. In the meantime the high rate
of duty is assessed on all similar importations,
and the importer, secure in the knowledge that
his competitors are paying the same rate, bases
his prices on that rate so that the consumer
finally pays it. In the meantime every importa-
tion of similar goods is similarly protested and
the protests are placed on the suspended files
of the Board of General Appraisers to await the
court decision.
When the case is finally decided, if the deci-
sion is in the importer's favor he receives a re-
fund of the extra duty paid on all the importa-
tions which have been accumulating since the
starting of the original suit. As a rule in cus-
toms practice the lawyer gets half this refund
and the other half goes to the importer. It is
obviously to the interest then of both lawyer and
importer who have what they think is a good
case to delay its decision as long as possible.
The plan most favored is to make all customs
cases preferred cases and have the judges insist
on speedy trial, except where some good reason
for delay can be shown.
SCHTJNACK'S CHOICE SPECIALTIES.
C. E. Schunack, 115 East 14th street, whose
principal specialties are piano stools, chairs,
benches and covers, also the latest styles in
piano scarfs, is having an active season in all
departments. The Schunack stock is one of the
largest and choicest in the United States. It al-
ways contains the best and latest designs, so ar-
ranged that selections can be promptly and easily
made. It is a recognized fact throughout the
trade that the Schunack goods are right and the
prices are right. His plan of sending selections
on approval is widely appreciated.
CUSTOMS CASES NOW PENDING.
(Special to The Review.)
Washington, D. C, Jan. 17, 1905.
The following customs cases are pending at
this date before the United States courts:
METRONOMES
CLARINET
MOUTHPIECES.
Suit 122—William Tonk & Bro. against United
States: In the decision in question, dated De-
cember 18, 1890, it was held that certain metro-
nomes and clarinet mouthpieces, imported under
the tariff act of 1883, were properly classified as
manufactures of metal and of wood, respectively.
The importers contend that they should have
been classified as musical instruments under
paragraph 469 of said act.
PARTS OF MUSICAL
INSTRUMENTS.
Suit 355—R. F. Downing & Co. against United
States: In the decision in question, which was
rendered January 28, 1891, the board affirmed
the classification, under the tariff act of 1883, of
certain parts of musical instruments at the rates
applicable to manufactures of the component ma-
terials of chief value therein. The importers'
contention is that the goods are dutiable as "mu-
sical instruments" under paragraph 469 of said
act.
SALE OF OLD VIOLINS.
In London recently Messrs. Puttick and Simp-
son held a sale of valuable violins. Amongst the
high prices realized were: A Joseph Gagliano,
1783, in case, £42; a Jerome Amati, with Mr.
F. Chanot's guarantee, £86; a Sanctus Seraphin,
Venice, 1747, with case, £120; a Nicolaus Gagli-
ano, with Messrs, W. E. Hill & Son's guarantee,
£70; a Nicolaus Amati, with bow, by Bausch, in
case, £66; a Nicolaus Amati, in case, £60; a
Carlo Testore, date 1708, original scroll, varnish
and ticket, £39 10s.; an F. B. Zanoli, with two
bows, in case, £30; a Carlo Tenoni, of Bologna,
1700, £36; a Nicolaus Amati, with case and bow,
£34; a Vinzenzo Panormo, with Mr. F. Chanot's
guarantee. £34, and a violincello, by Nicolaus
Amati, with case and bow, by Forster, £130.
The day's sale realized £1,790.
The "VICTOR "Always in the Lead!
"tutting off the end of a Mega horn and at-
taching it to a Victor tapering arm machine, it is
claimed the resonance is increased fully 50 per
cent. The originator vows it is 'one of the best
tilings ever.' "—The Talking Machine World for
January.
THE VICTOR TRUMPET
A SYNCHRONIZING HORN
The TRUMPET has a VOICE. The BEST HORN
for VOCAL RECORDS ever made—PRICE, $ 6 .
CONCERT TRUMPET, $ 9 . Usual discounts.
Descriptive pamphlet on application.
THE GRAND PRIZE
FOR TALKING
MACHINES
at the Louisiana Purchase Exposition, St. Louis, Mo., has been
Awarded to the Victor Talking Machine Co.
THE VICTOR DISTRIBUTING
AND EXPORT CO.
77 CHAMBERS STREET,
NEW YORK
41
REVIEW
No small goods man who is interested, di-
rectly or indirectly, in Talking Machines,
can afford to get along without
"THE TALKING
MACHINE WORLD
the first issue of which made its appearance
Jan. 15, 1905.
It has won the approbation of dealers and
manufacturers who are a unit in proclaim-
ing it "Just what was needed." It con-
tains talking machine news from all parts
of the world, interviews with leading men,
technical improvements of value, and many
pages of chat of interest to talking ma-
chine men.
Send five cents in stamps for a copy; or,
better still, send fifty cents in stamps, or
check, and secure this publication for a year.
Address,
THE TALKING MACHINE WORLD
(EDWARD LYMAN BILL, Publisher),
1 Madison Ave.
NEW YORK
THE " VICTOR " TRUA1PET.
A Specialty That is in Great Demand in the
Talking Machine World.
The "Victor Trumpet," for all Victor talking
machines, is one of the most successful special-
ties of the Victor Distributing & Export Co., 77
Chambers street. This trumpet, which has been
described and referred to in several issues of
The Review, and is emphasized in another col-
umn of this issue, is equal in volume to the larg-
est metal horn and superior to it in musical
tone. It is entirely free from harshness and
there is no shivering "either of horn or listener."
The point is made that the Victor trumpet is
not a non-vibrating horn. It vibrates as all
horns must which are good for anything. But it
vibrates in harmony with the sound waves, and
gives them character.
The proper vibration of the column of air
in the horn, as well as the sympathetic vibration
of the horn itself, is an important factor in good
record playing. The Trumpet vibrates in har-
mony with the sound waves set in motion by the
wound box."
An interesting fact concerning the mega horn
and the Victor tapering arm is that by cutting
off the end of the horn and attaching the horn
thus abbreviated to a Victor tapering arm ma-
chine the resonance is increased 50 per cent.
WILL HANDLE TALKING MACHINES.
C. C. Hawes, who for some time past has been
conducting nicely appointed warerooms in the
Miller Block, Portland, Me., will soon retire from
the piano business, and devote his energies to
the talking machine branch of the trade. Some
of the pianos carried by Mr. Hawes have been
transferred to the Stevens & Lane Piano Co., but
the sheet music and small instrument depart-
ment will be conducted under other management
The Columbia Phonograph Co., at a meeting of
the stockholders held last week in Bridgeport,
Conn., elected the following directors: Andrew
Devine, Frederick J. Warburton, Edward D.
Easton, William E. Bond, Thomas R. White, Jr.,
John J. Phelps, Philip Mauro, Mark T. Cox, Will-
iam M. Johnson, D. C. McEwen, George W. Lyle,
E. V. Murphy, Richard M. Sears and Paul M.
Cromelin.
W. L. Peters, a violin maker, of 118 Asylum
street, Hartford, Conn., has a collection of rare
old violins at his rooms in that city. They are
fine specimens of old makers, and are very valu-
able,
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE: MUSIC TRADE
42
DECISION ON GUT STRINGS.
REVIEW
we are of the opinion that that fact is of. little
or no consequence as a guide to a conclusion in
these cases. Our attention is directed to the
Difference in Grades Defined in Ruling by Board
board's ruling in G. A. 5207, wherein it was held
of General Appraisers.
that certain 'gut,' made from the sinews of cattle,
(Special to The Review.)
did not fall within either the commercial or com-
Washington, D. C., Jan. 24, 1905.
mon meaning of the terms 'catgut, whip gut or
There has always been a difference between worm gut, unmanufactured,' and to a later deci-
the different grades of gut strings, and in this sion by the board, dated September 30, 1904, Ab-
particular instance the article is entered as "ten- stract 3155, based upon a record which, as stated
nis gut," though instances are known where the in said decision, failed to show the origin of the
same article figures eventually as "strings for gut strings in question except that the appraiser
musical instruments." The case in point involves reported the merchandise to be similar in all re-
the protest of "gut," unmanufactured," and the spects to the gut strings covered by G. A. 5207.
board of appraisers, in their opinion, on the 6th
"Notwithstanding the undisputed similarity of
inst. say:
the merchandise in these two cases, the board in
"The merchandise involved in these protests the latter case found that it was catgut unmanu-
consists of so-called gut or catgut, and was vari- factured ami held it to be entitled to free entry.
ously returned by the appraiser, in some in- Such a conclusion, when it is remembered that
stances as manufactures of catgut, whip gut, or the sinews or intestines from which this mer-
worm gut, but by similitude thereto and in others chandise is made must have had a crude form,
as an unenumerated manufactured article. On and that from such crude sinews or intestines is
merchandise upon which the former return was made this article of gut, which in itself as im-
ported is a completed article, has the appearance
made duty was assessed at the rate of 25 per
cent, ad valorem under the provisions of para- of inconsistency, for unquestionably the processes
graph 448 and section 7 of the tariff act of 1897, by which such crude material has been trans-
and on that returned as an unenumerated manu- formed into gut strings ready for use in making
factured article at the rate of 20 per cent, ad tennis rackets constituted a manufacture. There-
valorem under the provisions of section 6 of said fore, within the meaning of Hartranft against
Wiegmann, the crude sinews or intestines have
act.
"It is claimed that all the merchandise is en- been transformed into a new and different article,
titled to free entry under the provisions of para- and, since there is a provision in the tariff act
graph 517 of said act, or, if not entitled to such for manufactures of catgut (paragraph 448), an-
free entry, then that it is subject, to duty at the other for catgut unmanufactured (paragraph
rate of 10 per cent, ad valorem as an unenumer- 517), and another for unenumerated manufac-
ated unmanufactured article under the provisions tured articles (section 6), it would seem as
of said section 6. The further claim is made in though this merchandise should be classified un-
der either said paragraph 448 or said section 6,
the cases where duty was assessed under said
as it would be, we doubt not, if only the ordi-
paragraph 448 that no higher rate of duty should
nary meaning were given to the words of the
be assessed than 20 per cent, ad valorem as an
unenumerated manufactured article, under the tariff and all commercial significance and usage
were disregarded.
Iirovisions of section 6.
"It is well settled that commercial designation
"From the evidence before us in these cases it
is impossible to determine the material from of an article when clearly established is to be
which the merchandise in Question is made, and considered in preference to its ordinary designa-
tion in determining its status for tariff purposes
(Curtis against Martin, 3 How., 106; Two Hun-
dred Chests of Tea, Smith claimant, 6 Wheat.,
430). And so, if it appears that the merchandise
in the condition in which it is imported is bought
and sold and known in trade as catgut, and was
so bought, sold, and known at the time of the
enactment of the existing tariff law, it is wholly
immaterial from what it is made or to what pro-
cesses of manufacture it has been subjected to
bring it to its present state.
"We think it is satisfactorily established in
the record before us that the 'gut' involved was
for several years prior to the enactment of the
tariff act of 1897 known commercially as catgut,
and that no cruder form of catgut is imported or
dealt in in trade.
"There is an apparent limitation in Davis,
Turner & Co. against United States (115 Fed.
Rep., 232), wherein the court said: 'Catgut is
prepared from the small intestine of the sheep
by a process of cutting, cleaning and drying';
but it should not be overlooked that the court
also said that 'the sole question is whether the
articles are manufactures of catgut and worm
gut.' We have before us the broader question of
what is known in trade and commerce as catgut,
or, more specifically, whether the merchandise
under consideration is comprehended by that
term as used commercially, and we think the af-
firmative of this question has been so well estab-
lished as to justify us in sustaining the claim in
the protests for free entry under paragraph 517,
which provides for 'catgut * * * unmanufac-
tured.' In so far as this decision may be in con-
flict with G. A. 5207 (supra), the latter decision
is hereby modified to conform to the conclusion
herein reached. The protests are accordingly
sustained and the decisions of the collector
reversed."
The Boston Talking Machine Exchange have
opened parlors a t 95 Summer street. Boston.
They carry a stock of all lines of phonographs
and talking machines manufactured.
COLUMBIA WINS OVER ALL OTHERS
The Graphophone ©end Columbia. Records Receive Honors a.t
the St. Louis Exposition equal to those given
Type AY.
Price, $50.
ALL OTHER TALKING MACHINE
COMPANIES COMBINED.
Music dealers will find the Graphophone
a ready seller. If you have not already put in
a line of these delightful " music machines"
do not lose another moment before doing so.
They are made in several types, both in cylinder
and disc machines.
C o l u m b i a records are unequaled
for quality, loudness and clearness
of tone, and resonance. They are
made in endless variety from Grand Opera selections to the
latest popular song hits, and by the best artists of this country
and Europe. Write for prices and discounts to dealers.
LARGEST TALKING MACHINE FACTORY IN THE WORLD.
COLUMBIA PHONOGRAPH COMPANY
PIONEERS AND LEADERS IN THE TALKING MACHINE ART.
NEW YORK: 353 and 872 Broadway.
BOSTON: 164 Tremont Street.
SAN FRANCISCO: 125 Geary Street.
CHICAGO: 88 Wabash Avenue.
GRAND PRIZE. PARIS. 1900.
LONDON: 89 Great Eastern Street, E. C.
BERLIN: 71 Ritterstrasse.

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