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
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.
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE
REVIEW
>QOOOOOOOOOOOOOOOCX)00000000000000000000(^^
In tKe World of Music Publishing
A REVIEW OF TRADE CONDITIONS.
"CHEAPER MUSIC IN ENGLAND.
While Business Is Slow, a Slight Improvement
Much Controversy Over the Competition of the
Is Noticeable—Some Publishers Make Ex-
Daily Papers—Injuring the Trade in Lon-
travagant Claims Which Are Not Found in
don as Much as the Department Store Com-
Fact—A Leading Publisher Makes Some
petition is in This City.
Trenchant Observations About the "Doings'"
of Some of His Fellow Publishers—Lays
In England the subject of "cheaper music" is
Much Blame at His Door for Current Condi-
occupying
the attention of publishers in connec-
tions.
Business is slower than should be at this time
of year, but an improvement—such as it is—is
noticeable. Why trade is backward no accept-
able explanation is forthcoming, and even the
flamboyant hot-air mills are grinding out their
grist in unusual and unprecedented quietness.
This is an ominous sign for the camp followers
of the business, but the higher grade publishers
regard such evidence most favorably. Houses
making a specialty of so-called popular music
still maintain a brave front, but in not. a few
instances their anxiety as to trade is poorly con-
cealed, and for reasons best known to themselves,
for the remedy is in their own hands. This feel-
ing of uneasiness, if such it may be called, and
viewing it from a strictly trade point of view,
is also reflected in that branch of the business
which one of them, possibly for the want of a
better term, calls the "legitimate" publishing
houses. In a tone heavily laden with protest,
the chief of a progressive firm in the latter cate-
gory, if you please, expressed himself as follows
in The Review early in the week:
"With few exceptions, the publishers of coon
songs and the like are a thorn in the side of
legitimate houses. Their manner of marketing
their output and subsequent methods too numer-
ous to mention, call for the severest condemna-
tion at the hands of every business concern of
any standing or reputation. What provokes me
more than anything else is the space given these
people by some of the music trade papers. It is
all wrong from any and every point of view.
Have they ever done anything to raise or main-
tain the standard of even their own class of mu-
sic? Not anything to my knowledge. I take par-
ticular pains to accept and publish only what
may rightfully be considered music in every
sense of the word, and in promoting its sale only
recognized and legitimate means are employed.
Of course, I understand publishers of popular
melodies are up against a pretty hard game with
professional singers of the vaudeville type; but
granting this, abuses have been allowed to creep
in so that now almost disreputable practices are
in vogue, and have become so deep-seated, that
those responsible, for their introduction stand
aghast as they contemplate the ultimate results
of what was at first considered merely a novel
innovation. The 'theatrical branch' is all right
in its way, perhaps; but since they have taken
to dominating the music publishing business
they have wrought havoc with certain principles
that should have remained as immovable as the
everlasting hills. Perhaps matters will right
themselves, but not until the fakirs and flim-
flammers—now so much in evidence—are rele-
gated to their proper place—in the rear—and
kept there for the good of all concerned.
"As to the January business," continued the
gentleman with a grievance, "it is far from what
I looked for. A year ago trade was splendid, but
this month is worse than July with us. Decem-
ber was great, and we had every reason to ex-
pect not only a continuance, but a marked im-
provement. But it failed to materialize, and for
the life of me I cannot explain the why or the
wherefore. Just now signs of a change for the
better are visible, and the remainder of the sea-
son promises to be up to the mark."
Harry von Tilzer returned
Monday.
from
Bermuda
tion by government of musical property."
William Boosey, of Boosey & Co., has also is-
sued a circular in the same vein.
REVIEWOQRAPHS.
The department store nuisance has reached an-
other acute stage. Publishers directly and indi-
rectly concerned have started to pull each other's
wool, and the outcome is being watched with
more than passing interest by spectators on
both sides of the controversy. The dealer, in
the meantime, is the real sufferer, with the job-
ber not enjoying the situation for a cent. The
story of things being patched up and the en-
tente cordiale restored was and is tommy-rot to
this minute. That conditions could be improved
goes without saying, but when?
tion with the entrance of two London daily
papers as competitors. The Daily Mail and Ex-
press, which are on a level with the New York
Journal, have entered the field as publishers,
and are reputed as hoping, by issuing sheet mu-
sic at sixpence (about 12 cents) net, to cater
successfully to a public which they claim can-
not afford to pay the regular retail price, name-
ly, one shilling and four pence (33 cents). The
music publishers are up in arms naturally a t
P. J. Howley, formerly of the Howley-Dresser
this invasion of their field, as the papers are
using this scheme only to increase circulation. Co., has leased the premises at 41 West 28th
When the trouble and loss resulting from printed street, New York, formerly occupied by the short-
works, and an ineffective copyright law are lived firm of Cobb & Edwards, and will be ready
taken with this new source of annoyance, the for business next week. Sol. P. Kraker has re-
British publisher has just cause for complaint, signed from Leo Feist's staff, and will be asso-
which is voiced in a circular-letter issued to the ciated with Mr. Howley, whose reappearance in
public by Chappell & Co., Ltd., and of which the the trade will be welcomed by a host of personal
and business friends.
following are excerpts:
"It is unfortunate that the Daily Mail can
Jerome H. Remick, of Jerome H. Remick &
find no better means of advertising their new Co., New York and Detroit, who was in the
edition of sixpenny songs than by publishing an metropolis on business for a few days, left for
article in glorification of the music pirate the West Friday last. The gentleman, despite
* * *. That paper is inaccurate in its facts. his outspoken ownership of a "chain of depart-
It is not the high price of music that has called
ment stores," is one of the most highly spoken
the music pirate into existence. It is the absence of publishers in the business and a harsh criti-
of any adequate law to protect copyright that is cism is seldom, if ever, heard.
responsible for him * * *. The statement
that because an article is stolen and sold under
One of the actresses in a current musical com-
the market value the market value is too high is edy is drawing the phenomenal salary of $1,000
preposterous. Granted there is an enormous de- a week, says the New York Sun. She knows
mand for pirated editions of popular songs. But she's not worth it and so do her managers. But
the demand has been created by the energy, they were in a funk last spring when they en-
enterprise, and capital of the original owners of
gaged her and she was able to make her own
the copyright. There is no demand for music terms. In vain they have attempted to provoke
merely because it is published at sixpence or her into breaking her contract. Her part has
threepence. The public will not pay one penny been shortened, her songs have been cut and her
for a piece of music that has not been made pop- "business" altered. But these proceedings have
ular either by payments to singers, costly con- aroused no remonstrance from the actress. She
certs, or musical comedies.
is bland and accommodating and goes right along
"The root of all the mischief is that we live serenely acting and singing her part—and draw-
under a government which has not, so far, seen ing her $1,000 a week, which is by her contract
fit to lift a single finger in defence of musical to continue for five months more.
copyright, and who, with a sublime disregard of
public morals, permits the music thief to ply his
Among the important instructive works and
trade with impunity in open daylight in the valuable technical books published by the C. L.
streets of every city in the United Kingdom. The Partee Music Co., 23 East 20th street, New York,
edification of the music thief as the pioneer of
are:
"The Universal Violin Method," "The Uni-
progress, and the issue of sixpenny songs for the versal Mandolin Method," "The Universal Banjo
purpose of newspaper advertisement, will not ob- Method," "The Universal Guitar Method." They
scure in the eyes of the public the real issue for are designed especially for beginners and for
which we are fighting, viz., the proper protec- teaching in, classes, and are claimed to be the
A
COJVTINENTAI.
FANTAIMA
Musical
Book by
Robert B. Smith & Sam S. Shubert
MUSICAL
His Little Sister
50
The Waltz Duet
50
Darby and Joan
50
Oh ! Silvery Moon
50
Recause I Am Not Understood 50
Just My Style
50
My Word
50
It Is the Girl and Not the
Horse That Wins the Prize 50
Comedy
Music by
Raymond Hubbell
Lyrics by
Robert B. Smith
NUMBERS
Song of the Pipe
50
That's Art
50
Drop in on Me at Luncheon.. 50
The Secret
50
What Would Mrs. Grundy Say 50
She Can Do Little Who Can't
Do Thia
50
The Girl at the Helm
50
SEND
US
YOUR
Laughing Little Almond Eyes. 50
Selection
1 00
March
50
Waltzes
75
Lanciers
50
Vocal Gems
50
Vocal Score
2 00
ORDERS
M. WITMARK &: SONS
NEW
YORK
CHICAGO
LONDON

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