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THE
flUJIC TIRADE
V O L . X L V . N o . 1 6 . Published Every Saturday by Edward Lyman BUI at I Madison Avc, New York, October J9,1907
COURT'S DECISION AFFECTS PIANO INSTALMENT SALES.
The Court of Appeals Has Just Handed Down Its Ruling in the Case of Horace Waters & Co.
Against the Hotel Gerard—Declares in Favor of the Hotel Keeper Who Kept Guest's Piano
for Unpaid Bill Despite Sellers' Title to Instrument—Of Vital Interest to All Selling on
Instalments—Attorney Sanborn's Views on the Subject—Will be Taken to Supreme Court
at Washington on Constitutional Grounds—One of the Most Important Rulings in Years.
One of the most important decisions handed
down by the Court of Appeals affecting the in-
terests of the piano dealer in many years is that
just announced in the case of Horace Waters &
Co., piano manufacturers, against Caroline B.
Gerard, in which it is held that the defendant,
proprietor of a hotel known as the Gerard, in
West Forty-fourth street, Manhattan, has the
right to retain and sell for an unpaid board bill
a piano brought to her house by Adelaide V.
Carlisle, a guest, and which piano was owned
by Horace Waters & Co., but one or two small
instalments of $10 each having been paid upon
it by the purchaser.
The decision confirms an opinion by the Ap-
pellate Division, rendered in June, 1905, in which
it was held that the defendant was entitled at
common law to a lien upon the baggage and other
property of the guest brought by her into the
hotel, and that, irrespective of the statute, the
defendant was entitled to detain any property
brought into her hotel by a guest, as security
for the payment of an amount due by the guest
for lodging and supplies furnished.
The Appellate Division held that this is not in-
consistent with' any provision of the constitu-
tion, which prevents one being deprived of his
property without due process of law; for there
is nothing that requires anyone to deliver to a
guest in a hotel any property for the use of the
guest, and anyone furnishing such guest with
property for his use in the hotel voluntarily sub-
mits that property to a lien in favor of the inn-
keeper for any amount for which the guest is in-
debted to the latter.
All of the above common law practice, the
court held, is aside from the authority granted
under the express provision of section 71 of
the lien law of 1897, as amended by the laws of
1899, chapter 380, including apartment hotels.
According to Frederick H. Sanborn, who rep-
resents the plaintiff company, the decision is the
first pro or con declaring the constitutionality of
the innkeeper's lien on property belonging to
third persons, and is far reaching. In fact the
piano dealer will be at the mercy of every un-
scrupulous person until the matter is finally
passed upon by the United States Supreme Court.
The plaintiffs contend that the lien law which
gives a lien to hotel keepers on property to which
the piano dealers have reserved title, violates
section 1 of the fourteenth amendment of the
Federal constitution, which reads: "Nor shall
any State deprive any person of life, liberty, or
property wthout due process of law."
It is the expressed determination of the piano
dealers, department and furniture stores, to car-
ry the case up to the United States Supreme
Court, on the specific ground that it violates sec-
tion 1, article 14, of the constitution of the
United States, as previously noted.
To quote Attorney Sanborn, who argued the
case exhaustively for the plaintiff company, the
value of a favorable decision in the United States
Supreme Court will be a one-hundred-fold more
important than if the decision had been favor-
able in the Court of Appeals; for instance, a de-
cision by the Court of Appeals upholding the
fourteenth amendment of the Federal constitu-
tion would only be binding in New York State,
while a decision on the issue in the Federal
Supreme Court will settle the law throughout
the United States, and is binding in every State
and Federal court wherever set up. It is thus ap-
parent if the United States Supreme Court holds
that the lien law in question violates the four-
teenth amendment of the Federal constitution it
will reverse the judgment of the Court of Ap-
peals and direct a judgment for the plaintiff.
This case has excited the deepest interest on
the part of the Hotel Landlord's Union through-
out the United States, and on the part of the big
department stores and furniture instalment
houses and others selling goods on partial pay-
ment, as the decision applies not only to goods
delivered by them to hotels, but to boarding
bouses under statute amendments.
In fact a number of big stores and piano deal-
ers that have been apprised of the decision have,
during the past week, refused in a number of
instances to deliver pianos and furniture to
hotels and boarding houses where purchases
had been made on the instalment plan. It is
said that millions of dollars of this class of
trade is involved in the outcome of this suit, in
which this important question has been raised
for the first time, as to the liability of goods
sold on the instalment plan, and title to which
is still vested in the seller, to liens for board
and lodging.
STILL COMPLAIN OF BAD PACKING.
The Report of Our Consul at Peru Utters Some
Well Considered Criticisms.
In view of the many and frequent complaints
filed by foreign merchants regarding the disgrace-
ful condition in which goods are received from
the United States, the following discussion of
the packing evil made in the recent report by
Consul-General S. M. Taylor, at Callao, Peru,
should prove of decided interest. In speaking
of the packing difficulties Mr. Taylor says:
"There can be further improvement if more
attention is given to details. The most serious
obstacle in the pathway of progress is the pack-
ing. If manufacturers and merchants could se»
the havoc wrought in their shipments to South
America, owing to the careless, indifferent, or
ignorant manner in which the packing is done,
it would be an object lesson most valuable. 'It
is simply sickening,' said an American traveling
man to me, whose firm had consigned to him a
SINGL E
S
CENTS
'
$ 2 .OO°PER VEAR
shipment, one-half of which was ruined by rea-
son of indifferent packing. 'Disgusting beyond
expression,' said another American in business
here, as he viewed the wreck of two beautiful
showcases. There wasn't a whole piece of glass
left. Yet, when ordering, he had been very
explicit as to how the packing should be done.
He had had experience and knew what he was
talking about. But that firm had sent show-
cases all over the United States and had had no
trouble, and so they sent these cases out as
usual, with most disastrous results.
"This is the story all along the line. I am told
that in the parcels-post department of the post-
office here American packing is a byword and a
joke. A certain product that is largely in de-
mand and which is the same price the world
over and which is very extensively produced in
the United States is not ordered from there to
any extent because of the bad packing. Thieving
on this coast is on the increase, and the flimsy
packing is aiding and abetting the pernicious
practice."
ART FINISH BECOMING POPULAR.
Its Progress in Public Favor Slow But Sure—*
Leading Piano Men Go on Record in Ad-
vocacy of This Finish.
One of the subjects of the hour in the piano
trade that is steadily increasing in interest, is
the matter of the dull or art finish which is
rapidly gaining friends among the piano manu-
facturers. This fact is evidenced by the number
of pianos shown for fall that are finished in that
style. The main argument in favor of dull finish
seems to be its wearing qualities, and the com-
parative ease with which it may be kept in first-
class condition.
In speaking on the above subject recently,
Frank W. Teeple, of the Price & Teeple Piano
Co., Chicago, which firm have adopted the dull
finish on several of their latest styles, expressed
himself as highly in favor of that finish. As he
correctly stated while the high finish was more
difficult to work, when in the home it is found
almost impossible to keep it spick and span
for any length of time. With the dull finish,
however, an attractive and aristocratic appear-
ing instrument is assured. Mr. Teeple expressed
the wish that the American people would adopt
the dull finish even though it be contrary to
the national desire for highly finished goods.
Another strong advocate of the art finish is
Hiram C. Pressey, vice-president of the Lester
Piano Co. Mr. Pressey believes that fully 75
per cent, of the manufacturer's troubles with case
finishing would be avoided by a general adoption
of the dull method, for by that means the danger
of checking from changes of temperature would
be entirely obviated. Upon a recent trip to Cali-
fornia Mr. Pressey visited a mission in Santa
Barbara where he saw an extremely ancient in-
strument the case of which was in dull finish
and which was in a perfect state of preservation.
Upon his return to the factory the Lester Style 34
was produced along the same lines.
L. C. Penn has opened a new piano store in
Lancaster, O., with R. C. Criswell as manager.