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THE
MUSIC TRADE
REVIEW
A copy of the petition is then served upon the
defendant carrier, who is granted 20 days in
Some Pointers for Those Who Suffer from Vio-
which to file a formal answer. Upon receipt of
lations of the Law—How They May Obtain
the carrier's response the issue is joined and the
Legal Redress.
commission will proceed to assign a time and
place for hearing the case. Oral hearings usually
Many firms know of the new freight rate law
take
place at the commission offices in Washing-
which went into offect on August 28, but those
who have suffered from violations of law have ton, but the testimony of any witness may be
been somewhat at a loss regarding the proper taken by deposition at the place of his residence,
method of procedure for having their grievances before any court official or notary authorized to
brought to the attention of the Interstate Com- administer an oath. Reasonable notice must be
merce Commission in order to obtain legal re- given in writing by the party, or his attorney,
proposing to take such deposition to the opposite
dress.
party, or his attorney of record, stating the name
It is best to first file an informal complaint
of the witness and the time and place of the tak-
with the commission, addressing it to Hon.
ing of the deposition. The object of this notice
Martin A. Knapp, chairman, and making the
is to permit the opposite party, either in person
statement as brief as possible.
or by his attorney, to be present at the taking of
In a majority of cases the carriers, upon re-
the deposition for the purpose of cross-examining
ceipt of the complaint and the auditor's report,
the witness. The complainant is thus enabled to
promptly suggest to the commission an adjust-
file his formal petition with the commission and
ment of the rate or classification complained of,
to submit his evidence in support thereof without
and if this adjustment is approved by the com-
leaving his place of residence; but of course he
mission the complainant is usually advised to
may find it desirable, either personally or by at-
accept it and the case is thus closed. It will be
torney, to be present at the taking of the deposi-
noted that in all such cases the expense to the
tions of the defendant carrier, which may be
complainant is limited to the time and labor of
taken at the latter's general offices in another
writing a letter or two. There is no fee for
city. After all the testimony in the case has
filing the complaint with the commission.
been taken, either orally or by deposition, both
In the event, however, that the answer of the parties may file briefs if they desire or if called
carrier to the informal complaint is not satisfac- upon to do so by the commission. When this has
tory to the commission the complainant is noti- been done the case is taken up by the commission
fied to that effect, and if the commission regards and considered until decided.
the grievance as well founded the shipper is re-
Of course it must be understood by the peti-
quested to file a formal petition. This petition
need not be drawn by a lawyer, but may be pre- tioner that he must be in a position to prove that
pared by the shipper in accordance with the fol- the matter he complains of constitutes a violation
of the law unless the carrier admits that fact.
lowing form:
While the interstate commerce commission sits
A. B. against the
Railroad Co.
The petition of the above named complainant as a court to try cases presented to it in ac-
cordance with the rules of practice above set
respectfully shows:
1. That (here let complainant state his occu- forth, it maintains an office staff whose duties
require them to assist all complainants in prop-
pation and place of business).
2. That the defendant above named is a com- erly presenting their cases. In some instances
the commission assigns its own special agents to
mon carrier engaged in the transportation of
passengers and property by railroad between investigate the allegations of complainants, and
points in the State of
and points in the it will thus be seen that while every effort is
state of
, and as such common carrier is made to deal out equal justice to all parties the
subject to the provision of the act to regulate humblest retail merchant in the country is ac-
commerce, approved February 4, 1887, and acts corded the same degree of consideration by this
amendatory thereof or supplementary thereto. important tribunal as is granted the greatest rail-
3. That (here state concisely the matters in- road corporation.
tended to be complained of. Continue numbering
each succeeding paragraph as in Nos. 1, 2 and 3).
A STRANGE PROCEEDING.
Wherefore the petitioner prays that the defend-
ant may be required to answer the charges here- John McTammany, the Well Known Inventor,
in, and that after due hearing and investigation
Not Allowed to Register Although a Veteran
an order be made commanding the defendant to
of the Civil War.
cease and desist from said violations of the act
to regulate commerce, and for such other and
John McTammany, of the Tammany Organet
further order as the commission may deem nec- Co., Stamford, Conn., and a well-known inventor
essary in the premises. (The prayer may be of automatic musical instruments was the sub-
varied so as to ask also for the ascertainment of
ject of considerable debate at the meeting of
lawful rates or practices, and an order requiring the Board of Registration in that city last week,
the carrier to conform thereto. If reparation for owing to the refusal of Register Leary to ad-
any wrong or injury be desired, the petitioner minister the elector's vote.
should state the nature and extent of the repara-
Mr. McTammany was not born in this country,
tion he deems proper.)
and did not have his father's naturalization
Dated at
, —
, 190—.
papers, although he did have his discharge
A. B.
papers for serving in the Civil War. The ques-
(Complainant's signature.)
tion was raised as to whether the discharge
NEW FREIQHT^RATE LAW.
PROGRESSIVE DEALERS SHOULD
ORDER THIS STYLE WITH
ACTION 200.
11
papers should be accepted in lieu of second citi-
zenship papers. Mr. McTammany has voted in
several places in this country, but had never
been made a voter in Connecticut. The matter
was laid before the Town Attorney.
Rev. J. J. Harris, of Stamford, in writing of
the case, very rightly says: "It is unfortunate to
say the least that John McTammany, the well-
known inventor of this city and veteran of the
Civil War, who was denied registration by the
Board of Registry, was the man who wrote the
election laws not only of Connecticut but of sev-
eral other States. If a campaign of disfranchise-
ment has been determined upon, the Board has
been unwise in the selection of its first victim."
HANDLING SMITH & NIXON PIANOS.
The Palace Furniture & Undertaking Co., of
Clarksburg, W. Va., have opened a piano depart-
ment in connection with their other business,
and at present have two carloads of Smith &
Nixon pianos on the floor. M. G. Cunningham
is in charge of the department. Player-pianos
and piano players are also carried as part of the
new line.
OLSEN CLOSING OUT LINE.
J. P. Olsen, who has been a piano dealer in
Hot Springs, Ark., for a number of years, is at
present closing out his entire line of about one
hundred pianos, including Mathushek, Everett,
Bush & Gerts, Emerson, Hobart M. Cable and
Smith & Barnes. He will discontinue the store
entirely in about six weeks.
A HANDSOME PUBLICATION.
The University of California edition of the
Musical Review, of San Francisco, has just come
to hand. It is a most interesting publication, co-
piously illustrated with portraits of eminent mu-
sicians who are doing so much to advance the
musical interests of the Pacific Coast, and con-
tains many contributions of great moment. The
volume is handsomely printed and a credit to Al-
fred Metzger, the editor and publisher, who, de-
spite the serious interruption to his business
through the earthquake, is turning out a publi-
cation which emphasizes the high aims of him-
self and the musical people of that great conti-
nent that borders the Pacific.
FOUNDED RAILWAY MAIL SERVICE.
George B. Armstrong, father of George B.
Armstrong, editor of Piano Trade, Chicago, was
the originator and founder of the Railway Mail
Service. What difficulties he had to overcome
and how he carried his plan to a successful Issue
are interestingly told in a handsome memorial
volume recently issued by his son. The first
mail car service was put in operation August
28, 1864.
EXCELSIOR DRUM WORKS REMOVE.
The Excelsior Drum Works, of Philadelphia,
have removed from 923 Locust street to larger
quarters at 1109-1111 Locust street, that city.
N E W M A N B R O S . CO., CHICAGO.
MANUFACTURERS OF HIGH-CRADE
PIANOS ™ ORGANS
TRY OUR ORGANS WITH THE PATENT REED
PIPE SET OF REEDS. THEY PRODUCE THE
PUREST PIPg QUALITY OF TONE OF ANY
REED ORGAN MANUFACTURED.
Our Pianos please all who appreciate the highest qualities of the most
scientifically constructed piano on the market. A trial will convince the
most critical of the superior qvialities of our instruments.
FACTORY/ANDTOFFICE:
STYLE 86
W. Chicago Avenue and Dix Street.
STYLE 12
A LEADER IN COMPETITION
AMONG HICH-CRADE PIANOS