Music Trade Review

Issue: 1907 Vol. 45 N. 15

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE
JfflJSIC TIRADE
V O L . X L V . N o . 1 5 . Published Every Saturday by Edward Lyman Bill at 1 Madison Avc-, New York, October \2> 1907
TO AMEND BILLS OF LADING.
Merchants and Railway Men to Confer Here on
Problem of Uniformity.
Representatives of the large railroad, shipping
and banking interests of the country will meet
in this city to-day in an effort to decide upon a
uniform bill of lading. If it is impossible to
reach an agreement it is believed that the rail-
roads will be arrayed against the shippers and
bankers, and the fight on the question will be to
a finish. The subject was recently discussed at
the Bankers' convention in Atlantic City.
One of the chief causes of complaint is that the
present bills of lading do not carry with them any
responsibility on the part of the carrier to the
consignees, or the bankers who may have ad-
vanced money upon them, as to the quantity and
quality of the shipment. The highest courts of
Alabama, Mississippi and North CaroTina have
held that the consignees and bankers must bear
the entire risk on these points.
So serious is this risk that already bankers in
various sections of the country have refused to
advance any money upon this class of collateral.
George W. Neville, chairman of the Bill of Lading
Committee of the New York Cotton Exchange,
said recently:
"When one realizes that the crops of this coun-
try are now entirely financed through the me-
diums of 'order' bills of lading, it is obvious that
if other banks should adopt a similar policy the
commercial and agricultural interests would be
seriously embarrassed."
If the conference cannot come to a decision, the
question will have to be decided by the Interstate
Commerce Commission. It has already drawn
up a uniform bill of lading, which it proposes to
require every railroad in the United States to
issue after January of next year. But the com-
mission has not the power to protect those who
advance money upon the bills, and it will be
necessary to apply to Congress for legislation if
that is to be done.
Merchants and bankers will soon visit Wash-
ington to press their case, but at the approaching
conference they hope to obtain the assent of the
railroads to all the desired amendments in the
present bills of lading, and that satisfactory ar-
rangements will be reached.
Committees named by the New York Cotton
Exchange, the New York Board of Trade and
Transportation, the Merchants' Association, the
New York Mercantile Exchange, the National
Poultry Association and the National Hay Asso-
ciation are attending the conference.
COPYRIGHTS LIKE PATENTS.
Paintings Cannot be Retouched and Artist Get
Second Copyright.
(Special to The Review.)
Chicago, 111., Oct. 5, 1907.
A decision that the laws governing patents are
also applicable to copyrights, and that the same
subject matter cannot be twice copyrighted, has
just been handed down by the United States Cir-
cuit Court of Appeals. The ruling is against
Isaac H. Caliga, a Boston artist, who sued a news-
paper for violation of copyright. The decision
confirms the decision of the lower court.
The case is the first in which a ruling has been
made under the penalty section of the new copy-
right law. Caliga had copyrighted his painting,
"The Guardian Angel," retouched it and copy-
righted it again. The court decided this second
copyright was illegal, and, as he brought suit
under the second copyright, the matter was dis-
missed.
GROSSMAN A NOTED COMPOSER.
The Recently Acquired Representative of the
Knabe in Russia a Man of Eminence in the
Musical World.
As referred to recently in The Review the
celebrated Knabe piano will be represented in
Russia by Herr Ludwig Grossman, an eminent
composer, whose services were secured by Ernest
SINGL E
$ a .oo°PER S YEAR:
In 1870 Herr Grossman brought out his first
opera, "II Pescatore di Palermo,"" 1 -in whicfi such
renowned singers as Trebelli, Giovanoni, Bettina,
Zacchi, and others at that time starring in War-
saw, made their appearance. In a few years fol-
lowed the three-act comic opera, "Der Gelstrifles
Wojevoden " which, after its successful first''per-
formance in the Grand Theatre at Warsaw,* soon
found its way to St. Petersburg, Berlin, Vienna,
Lemburg, and other cities, where it was given
repeatedly in both court and private theatres.
T-he overture and "czardas" from this opera 1 , put
into the form of a brilliant orchestral piece, soon
became one of the favorite numbers in the reper-
toire of almost every orchestra and .band,,.i,n
Europe.
Grossman wag looked upon as the pef-vadirig
spirit in the general musical life of his country.
He took an active part as a member of the thea-
ter commission, he was one of the founders and
managing counsel of the Warsaw Opera, and he
belonged to the famous Philharmonic of4hat city.
In 1860 Herr Grossman undertook the manage-
ment of a piano and organ establishment under
the firm name of Hermann & Grossman, in War-
saw, St. Petersburg and Mpscow^.and brought t$is
business, of which he and his son are the sole
proprietors at the present time, to the highest
standing in Russia and Poland.
AN INTERESTINGLAW POINT.
LIJDW1U OltOSSMAN.
J. Knabe on his recent tour abroad, and who
is known far and wide among musicians as an
artist of great ability. Herr Grossman will give
much of his time to placing the musical merits
of the Knabe piano properly before the public,
and his standing in the world of music makes
his engagement in this capacity one of excep-
tional interest. It also speaks eloquently for the
enterprise of the Baltimore house.
Herr Grossman was born in the government
city of Kalisch, in Poland; made his musical
studies under Rungenhagen (Singakademie), in
Berlin, where he at the same time attended
school, and on his return to Warsaw, obtained
a position as teacher of piano in the Noble In-
stitute. He also gave private instructions, and
his exceptional qualifications for this work soon
obtained extended recognition.
During this
period began his activity as a composer in the
most varied art forms, such as piano selections,
songs, choral work, trios, and particularly or>
chestral compositions.
In a decision recently handed down by the
Court of Appeals it is held that while an agree-
ment to take a smaller sum in payment of a
larger one is without consideration and not bind-
ing in law, yet the acceptance of a less sum be-
fore the day of payment has arrived in satisfac-
tion of the whole would be a good accord and
satisfaction; the anticipation of the time of pay-
ment being a sufficient consideration to support
a plea of that nature. The court said in revers-
ing a judgment against the appellant: The evi-
dence adduced by the defendant, if believed by
the jury, was sufficient to support the plea of ac-
cord and satisfaction and thus defeat a recovery
by the plaintiff. The defense of accord and sat-
isfaction consists of something given to or done
for the defendant and accepted by him upon a
mutual agreement that it shall be a discharge
of the cause of action. The agreement is the
accord and the thing done is the satisfaction.
The mere payment of a smaller sum is no satis-
faction of a larger debt due, but the payment of
a smaller sum may be a satisfaction of a larger
sum where there is a mutual consideration to
support an agreement to that effect. The author,
ities are uniform in holding that anticipation
of time of payment is a sufficient consideration
of accord and satisfaction.
CAR SHORTAGE COMPLAINED OF.
With the beginning of the fall shipping comes
the regular complaint from the West, and es-
pecially Kansas, regarding a severe car short-
age. One Kansas dealer has had a carload of
pianos on the road for thirty days, of which
he can find no trace, and the delay is a serious
proposition with him,
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE:
MUSIC TRADE
posed of cliques of gamblers or wreckers, who sometimes raid the
exchanges and send quotations up or down sharply, without any
regard for basic values; the other the point to which a large part
of^ the country's surplus cash gravitates for employment when it
fails to find profitable work to do at home; the place from which
most of the country's larger enterprises are financed; the locality
which talks and acts for the United States in all its great financial
transactions with Europe, Asia and the rest of the world. This,
the real and greater Wall Street, Mr. Van Cleave reminds us, while
urging caution in the extension of crops and telling speculators for
a rise to go slow, is not saying that any business collapse is near
and is not predicting that any is likely to come within the next few
years.
A great number of favorable conditions, such as the great in-
crease in bank transactions in all the great centers, except New
York, in railroad earnings, in our foreign trade, in the traffic on
the Great Lakes and in our manufacturing output, are cited by Mr.
Van Cleave as among the indications of prosperity.
He also reminds the readers of the Circle that the great mass
of- the country's wageworkers are experiencing prosperity's effects
in an especially striking degree, and that although the population
has grown only fifteen per cent, since 1900, savings banks' de-
posits have increased more than fifty per cent, in that period.
EDWARD LYMAN BILL • Editor and Proprietor
.
J. B. SPILLANE, Managing Editor
Executive and Reportorlal Staff:
Gwx B. KELLER,
W. H. DYKES,
F. H. THOMPSON.
EMILIE FRANCES BATHOS,
L. B. BOWERS, B. BBITTAIN WILSON, WM. B. WHITE, L. J. CHAMBEBLIN, A. J. NICKLIN.
BOSTON OFFICE:
CHICAGO OFFICE:
B. P. VAN HARLINGEN. 195-197 Wabash Ave.
TELEPHONES : Central 414 ; Automatic 8643.
MINNEAPOLIS and ST. PAUL:
ST. LOUIS:
ERNEST L. WAITT, 278A Tremont S t
PHILADELPHIA :
B. W. KAUFFMAN.
ADOLF EDSTEN.
SAN FRANCISCO:
CHAS. N. VAN BUBEN.
S. H. GRAY, 2407 Sacramento St.
CINCINNATI. O.: NINA PUGH-SMITH.
BALTIMORE, MD.: A. ROBERT FRENCH.
LONDON, ENGLAND:
69 Basinghall S t , E. C.
W. Lionel Sturdy, Manager.
Published Every Saturday at 1 Madison Avenue, New York.
Entered at tht New York Post Offi.ce as Second Class Matter.
SUBSCRIPTION, (Including postage). United States and Mexico, $2.00 per year;
Canada, $3.50 ; all other countries, $1.00.
ADVERTISEMENTS, $2.00 per Inch, single column, per insertion. On quarterly or
yearly contracts a special discount ts allowed. Advertising Pages, $60.00; opposite
reading matter, $75.-00.
REMITTANCES, in other than currency form, should be made payable to Edward
Lyman Bill.
Directory ot P I M O
The directory of piano manufacturing firms and corporations
-I
~ I
found on another page will be of great value, as a reference
Minnuclnrtrt
f o r dealers and others.
Exposition Honors Won by The Review
Grand Prix.
Paris Exposition, 1900
Stiver Medal.Charleston Exposition 1902
Diploma.Pan-American Exposition, 1901
Gold Medal.. . S t Louis Exposition, 1904
Gold Medal
Lewis-Clark Exposition, 1905.
LONG DISTANCE TELEPHONES-NUMBERS 4677 and 4678 GRAMERCY
Connecting all Departments.
-
Cable addresa; "Elblll New York."
NEW YORK,
OCTOBER
12, 1907
EDITORIAL
T
RADE conditions have materially improved during the past
ten days. Reports which come from our representatives in
the various cities all refer to business in a more optimistic tone
than in previous communications. During the past few weeks we
have visited hundreds of dealers in various sections of the country
and everywhere we have observed a growing tendency towards
taking a cheery view of the business outlook. The crops which
are now secured while not up to the average of some years are
nevertheless bountiful and will command good prices. In this
industry there have been few failures and those which have oc-
curred may be directly attributed to poor business management
rather than to depressed trade conditions.
.
I
N this connection it may be well to scan the figures shown by
one of the mercantile agencies. This agency attributes the
recent failures of many of the general merchants not to any great
depression nor to any falling off in the general business of the
country, but to the present scarcity of money created by the won-
derful growth in the volume of business throughout the world.
Some of the concerns engaged in manufacturing enterprises have
been unable to obtain extensions on which they might reasonably
be counted under normal financial conditions.
J. W. Van Cleave, president of the National Association of
Manufacturers, an organization which has two thousand seven
hundred members representing a combined capitalization of fifteen
billion dollars, has written an article on the business outlook which
appears in the Circle for October. Mr. Van Cleave is in close
touch with all of the great industrial developments of this country
and what he says therefore should be taken as coming from one
in authority and his statement should go far to strengthen and
encourage those who are inclined to view the future with appre-
hension or timidity.
M
R. VAN CLEAVE pooh-poohs the predictions as to a set-
back for general trade made from time to time by Wall
Street He declares that there are two "Wall Streets"—one com-
REVIEW
as others have done, calls attention to the estimate of
A ND the he, Secretary
of Agriculture as to the value of the products
of the country's farm for the present year, viz.: nearly seven billions
of dollars, a sum which equals the wealth of the entire United
States in 1850. The coal output of this country for 1907, adds
Mr. Van Cleave, will reach at least $110,000,000, the gold produc-
tion will amount to $550,000,000, the output of pig iron to $450,-
000,000, and of copper to more than $200,000,000. In fact, when
a few months hence the books are balanced for the year it will be
found that the entire mineral product of the United States for the
year 1907 has amounted to much more than two billions of dollars,
or fully half of the whole mineral product of the globe.
Mr. Van Cleave further points out that while the United States
has only five per cent, of the world's population, it produces twenty
per cent, of the world's wheat, twenty-five per cent, of its gold,
thirty-three per cent, of its coal, thirty-five per cent, of its manu-
factures, thirty-eight per cent, of its silver, forty per cent, of its
iron, forty-two per cent, of its steel, fifty-two per cent, of its
petroleum, fifty-five per cent, of its copper, seventy per cent, of its
cotton and eighty per cent, of its corn.
T ^ H E views which are printed above should be read by every
J- business man in every trade in this country because it is
confidence which we need throughout the land to keep business
where it should be.
While trade in this industry for the next two or three months
may be unusually large, yet it is not probable that the total will
reach the output of last year, inasmuch as there has been a ma-
terial shortage during the preceding nine months, and a good many
piano dealers all over the country have been using conservatism in
their business and exercising caution in making sales. It has been
quality sales instead of quantity sales and it is a mighty good thing
at all times to have such conservatism evidenced in business.
r
T^HERE is a desire in all trades to conduct business on cleaner
-L and better lines. This same spirit is evidenced in municipal,
State and National affairs. In this industry we see perhaps the
same feeling finding expression in scores of different ways chiefly
in opposition to the exploitation of the special brand or stencil
pianos. Because the special brand has been used as an open door
to fraudulent piano selling it is condemned, but this condemnation
has not reached a point yet where decisive action will be taken,
with the object in view of suppressing the number of pianos sold
under other names than those of the manufacturers.
In the first place, while there has been opposition against this
traffic yet so peculiar are the conditions existing in the industry
that it will be impossible at the present time to curb this business
unless the majority of the manufacturers combine and sign an
agreement which will contain a penalty clause so that absolute rules
covering the manufacture of pianos with a definite origin will be
enforced.

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