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THE
SATISFACTORYTRADE REPORTS
Continue to Reach The Review Office Regard-
ing the General Condition of the Talking
Machine Trade—Advance Noted All Along
the Line—Western Jobbers Wont to Indulge
in Criticism of Certain Methods.
During the past week trade has been steadily
increasing, with the most encouraging reports
and largest orders from the West. Jobbers from
the country west of the Alleghanies are wont to
indulge in sharp criticism of the establishments
and methods noted, especially in the Greater
New York territory. It is true improvements
are in order in a large number of stores, but, at
the same time plans are not lacking where
everything is up to date, even according to the
high standards of the West, both as to men and
measures. The manufacturers continue to keep
their plants humming, with the record situation
improving daily, and the supply of machines not
lagging far behind.
HERE AND THERE IN THE TRADE.
New York Phonograph Co. Litigation—C. H.
Wilson Returns—Blackman Doing Jury Duty
—Ditson's Talking Machine Department.
The motion brought by James L. Andem and
others, who also figure as stockholders of the
New York Phonograph Co., of litigious memory,
in the Supreme Court of Maine, at Augusta, to
prevent John E. Helm and William Pelzer from
voting their stock at the annual meeting of the
New England Phonograph Co., was denied on
December 31, 1906. The court dismissed the bill
of complaint with costs. This disposes of these
obstructive tactics effectually and permanently.
C. H. Wilson, sales manager of the National
Phonograph Co., returned to headquarters Mon-
day, after a short run through the western trade.
James L. Andem, secretary of the quondam
New York Phonograph Co., .long in litigation
with the National Phonograph Co., Edison Phono-
graph Works and associated interests, is a New
York official, being clerk of the Borough of Man-
hattan, a position he has occupied for several
years. He is also a veteran newspaper man.
J. Newcomb Blackman, proprietor of • the
Blackman Talking Machine Co., New York, has
been serving on the grand jury of Essex County,
N. J., his home being in Orange. As only gen-
tlemen of standing in the community are drawn
as grand jurors, Mr. Blackman is doubtless com-
plimented, but it is dollars to doughnuts his
thoughts are now on the talking machine busi-
ness rather than fixing up indictments against
his alleged offending fellow-citizens.
A manager for the talking machine department,
which will be greatly enlarged and expanded,
has been selected by Charles Bobzin to take hold
when Charles H. Ditson & Co. move into their
new building, now in the course of erection at
8-12 East 34th street, New York. The depart-
ment will be located on the fourth floor, occupy-
ing about 50 by 45 feet—a third of the space—and
fitted up with mahogany sound-proof booths and
fixtures. H. L. Hunt, in charge of the firm's
small goods, will have the supervision of both de-
partments.
NEXT MEETING OF ASSOCIATION.
The next meeting of the Eastern Talking Ma-
chine Jobbers' Association will be held Thurs-
day (January 17) at the Grand Hotel, 31st.
street and Broadway, New York. The session
will commence at 2 p. m. As the hotel will be
made the headquarters for the talking machine
MUSIC TRADE
REVIEW
trade during the Automobile Show at Madison
Square Garden, which will be open from the 12th
to the 19th, a large number of representative
jobbers are expected to be present. Formal no-
tices to this effect were sent out by Secretary
Jacot Wednesday, which were accompanied by
printed copies of the constitution and by-laws.
DECISION AGAINST LEEDS & CATL1N
In the Case of the Victor Talking Machine Co.
—Handed Down by Judge Lacombe Satur-
day and Fines the Defendant $1,000 for
Contempt—The Decision Again Appealed.
The Leeds & Catlin Co. state they will carry
the case up on appeal, and are confident they will
eventually win out. They have conformed their
business in obedience to the foregoing court
order, which Mr. E. F. Leeds says "has no bearing
en our feed device machine, which we will push
to a greater extent than heretofore, nor to the
records sold for it."
NO DEVIATION IN EDISON PRICE.
Geo. D. Hampton Piano Co., Newport News,
Va., writes the National Phonograph Co. as fol-
lows: "Recently our Mr. Hampton accidentally
came across a man who buys everything possible
The eagerly looked-for opinion in the case of from department, bargain house and catalogue
the Victor Talking Machine Co., Camden, N. J., stores. In fact, the man makes a fad of this
against the Leeds & Catlin Co., New York, class of purchases. Incidentally the conversation
was handed down by Judge Lacombe, Circuit drifted around to Edison phonographs, and he
Court of the United States, southern district of told Mr. Hampton that he had written to every
New York, last Saturday. The hearing was up bargain house he knew, looked up all the cata-
November 30, involving proceedings for con- logues of mail order houses, etc., and had been
tempt of court in disobeying a permanent injunc- unable to strike a variation in price from that
tion, affirmed on review by the United States quoted in direct Edison advertisements, or the
Court of Appeals, second circuit. The defense prices we had shown him on our wall as dealers'
urged that the Berliner patent, which has been retail prices. Knowing the man as we do, we
sustained twice on appeal, covered the machine can realize what this means better than you. But
only, but not the record. Judge Lacombe now it certainly proves the care you have taken to
decides it a "case of contributory infringement," prevent injury to the trade and your goods by
and fines the defendant $1,000 for contempt, the price cutting. And yeu will permit us to express
collection being suspended pending" appeal. The our highest compliments to you for your thor-
complete text of the opinion follows:
ough system and constant watchfulness regard-
"Circuit Court of the United States, southern ing this particular feature of the phonograph
district of New York. Victor Talking Machine and record business. As dealers we appreciate
Co., et al., complainants, against Leeds & Catlin it most highly, as every one connected wi-th the
Co., defendant. Aside from any other questions distribution of Edison goods must do."
arising upon this motion as to disobedience of
injunction order, I am entirely satisfied from the AMERICAN GRAPHOPHONE CO.'S ANNUAL.
proofs that defendants, not only in the instances
set forth in complainant's moving papers, but in
The annual meeting of the American Grapho-
very many other instances, have manufactured phone Co. will be held at the office of the com-
and sold the records of claim 35 with the intent pany in Bridgeport, Conn., on January 14, 1907,
that they should be used in combination with the for the election of a board of directors and the
other elements of that claim in machines other transaction of other business that may come
than the 'mechanical feed.' Indeed, it is difficult I efore the meeting.
to escape the conviction that the larger part of de-
fendant's sales were contrived by them to enable
ONE ON CAL. STEWART.
the owners of reproducers purchased from com-
plainant or its licensees to produce such mu-
Cal. Stewart, of Uncle Josh fame, bears a
sical pieces as such owners might desire to
hear, through the co-operation in combination strong facial resemblance to the once great ex-
with such reproducers of records made by de- ponent of the free coinage of silver, William
fendant instead of records made by complainant. Jennings Bryan, and the following story is told
illustrative of that fact. Not so very.long ago,
"No effort to restrict the use to which defend- when he was making a tour through the West,
ant's discs should be put by notice on their face he went out on the rear platform of the last car
or otherwise was made until after motion, and while it was making a brief stop in one of
the affidavits are not as satisfying as they might the towns en route. He noticed that a large
be that such notice has since been affixed; and number of people hastily gathered around the
such notice might fairly go further and advise car, and imagined that his fame had been con-
the purchasers that to use it on one of complain- veyed to them through the multitude of records
ant's machines would make the user an infringer. reproducing his melodious voice. After letting
This seems to be a case of contributory infringe- them take a good look at him, he retired to the
ment—an entirely voluntary and intentional one inside of the car. In a few minutes the porter
—not in any wise excused by the circumstance came in and said: "Is you Mistah Bryan? Dem
that complainant had theretofore sold repro- folkses outside wants you to make dem a
ducers combined with other records to such speech." Rumor has it that "Uncle Josh" was so
owners. (Am. Graph. Co. v. Leeds, 87 P. R. upset that he could not get off a funny speech
873.) Nor is the substitution of these new for two whole hours, and any one who is familiar
records, bought more frequently in order to in- with him will appreciate what that means.
crease the repertory of tunes than as substitutes
for worn-out discs, and wholly unlike the toilet-
paper in Morgan envelope case (which was de-
TALKERS FOR VIENNA CONSERVATOIRE.
stroyed by a single use) in any legitimate sense
'repairs.' (See Davis Electrical Works v. El.
The Gesellschaft der Musikfreunde, who are
Light Co., 60 F. R. 276.) Nor is the advice of the governors of the Vienna Conservatorie, have
counsel a sufficient excuse, although where it has decided to establish a collection of talking ma-
been honestly relied upon a heavy penalty will chine records for the use of that institution,
not usually be imposed, but only a sum sufficient thereby following the example of the British
to reimburse the moving party and act as a de- Museum and other well-known educational au-
terrent from future infringing actions.
thorities. It is intended to preserve records
"Defendant is found in contempt and a fine im- made by all pupils when leaving who have
posed of |l,000, one-half to United States, one- gained prizes at the Conservatoire, and in addi-
half to complainant. Collection will be sus- tion many records by distinguished ex-students
pended pending appeal."
have been secured.