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THE
MUSIC TRADE
MEW
EDWARD LYMAN BILL - Editor and Proprietor
,
J. B. SPILLANE, Managing Editor
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w. H. DYKES,
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Hill.
Directory ot P i a i o
~
:
~
Msnnlsclurtri
The directory of piano manufacturing firms and corporations
found on another page will be of great value, as a reference
and others.
f o r de alers
Exposition Honors Won by The Review
Grand Prim
Paris Exposition, 1900 Silver Medal.Charleston Exposition 1902
Diploma.Pan-American Exposition, 1901
Qold Medal.. . S t Louis Exposition, 1904
Gold Medal. . . .Lewis-Clark Exposition. 19O.~>.
LONG DISTANCE TELEPHONES—NUMBERS 4077 and 4678 GRAMERCY
Connecting a l l Department*.
Cable address: "Elblll N e w York."
NEW YORK, MARCH 7, 1908
EDITORIAL
CCUSATIONS have been freely made that some piano sales-
men have been bribed to sell certain pianos, and with many
A
there has been no doubt that money has been paid to some piano
REVIEW
the courts will not assist the seller in any efforts he may make to
obtain payment. In other words to apply this legal interpretation
directly to the piano trade, if a manufacturer through his traveling
representative disposes of instruments to a dealer who may learn
some months after that his buyer has been bribed to place those
instruments in stock, refuses to pay for them, the manufacturing
concern would have no* recourse. One point, however, it is im-
portant to bear in mind, that payment can be refused only when the
merchant or firm for whom the pianos were purchased was not
aware prior to the receipt of the instruments that the bribe had
been offered or given. It will be seen that it is not merely necessary
to give the bribe, but simply to offer it.
W
E may say that this decision referred to above was obtained
by Henry Siegel, a well-known department store mer-
chant, in whose store by the way pianos are sold. It is not the first
time that Mr. Siegel has endeavored to discourage the practice of
bribing, because it was something over twelve months ago that he
brought into the toils a New York manufacturer whose firm had
been so careless or so ignorant of the law as to send out a letter to
a great number of buyers, both in New York and in various other
cities, offering the buyer a special commission of 5 per cent, on the
purchase of their regular line. After the manufacturer had been
tried and punished under the law, Mr. Siegel refused to pay the bill
on the ground that since the order had been obtained pursuant to
unlawful, fraudulent and criminal design and agreement and that
the whole transaction had been against public policy, illegal, void and
contrary to statutory laws of the State. The court declined to con-
sider this on the grounds that % Mr. Siegel had previous to the
delivery of the goods been aw^are of the buyer's acceptance of the
bribe.
In another case, however, which was decided last week, the
buyer of the 14th street store went ahead without the knowledge of
Mr. Siegel, and the result is that not only has the buyer been com-
pelled to pay a fine, but it is now adjudged that the courts will not
assist the manufacturer in his efforts to obtain payment for the
merchandise in connection with whose sale a bribe was given. This
court decision should at once finish all bribing in the piano trade
so far as New York State is concerned, for, under the present rul-
ing, it should be understood that no pianos would have to be paid
for provided the buyer bribing can be established. Even an offer
to bribe cuts the figure in the eyes of the law.
buyers to place particular instruments in their wareroo'ms and push
them, of course to the disadvantage of the instruments on which a
j* VERY individual who stands at the head of a news gathering
special rake-off was not given.
-/ and distributing institution can aid materially in helping to
Happily the grafters are few in number—but the number should
restore business to a satisfactory state, but the great trouble with
be lessened.
the conductors of daily papers is that they constantly give prom-
We have frequently stated that if this bribery plan were to
inence to those matters which represent the seamy side of life rather
obtain generally in the music trade quality and value would cease
than the industrial. And instead of placing in prominent positions
to become considerations in the wholesale purchase of pianos. It
the announcements that many industrial institutions are constantly
would simply be a question of bidding against each other to secure
placing back men and that the wheels of industry are revolving with
the salesman's influence. The man who would give the greatest
greater rapidity all the time, these items are stowed away in some
bribe would capture the business.
obscure position in the paper while the divorce suits and sensa-
Of course this is radically wrong and is opposed to all rules
tional matter is flamboyantly heralded oil the most prominent
of mercantile decency. It is also in New York State opposed to
positions.
the laws. In this connection we might say that by court decisions
Now, all newspapers, whether of the trade or general class,
rendered recently danger of a new and startling character has been
rely upon the prosperity of the country to make advance, and it is
fastened upon the offering or giving of bribes to buyers or others
the duty of the different divisions of the press to print information
located in this State.
which shall help to restore confidence and thus aid business men in
No doubt most Review readers are aware that in this State the every section of the country. It is difficult to overcome habit, how-
offering, giving or acceptance of such bribes, or in legal phrase-
ever, and habit in most daily newspapers is to play up the sensational
ology, "gifts or gratuities, or promises to make a gift under an
rather than the substantial, and too often evil news is magnified and
agreement, or with an understanding, that the buyer shall act in good news is diminished. Why should not the editors of the dailies
any particular manner to his employer's business" is, according to
use some of their space to help bring about prosperity ? If it were a
the statutes, a misdemeanor and is punishable by a fine of not less
fixed principle on the part of every paper in this country to print
than $500 or by such fine and imprisonment for not more than one
all the encouraging news that reaches them concerning trade
year. Now, however, a different coloring is placed upon it, for this
affairs it would help in a month to bring about a new condition of
law is not merely one of the useless statutes which incumber our
affairs. If all should preach the gospel of optimism confidence
legal records, but is a mighty active force.
would be quickly restored.
E
COURT in high authority has ruled that if subsequent to de-
N the whole trade newspapers have done their duty and the
A
O
livery and acceptance of goods the merchant or firm to whom
trade newspaper man fully appreciates the advantage of
they have been sold discovers that a bribe or commission was prom-
aiding to bring about an optimistic feeling. The trade newspaper
ised, or given a buyer by the seller, the merchant or firm by whom
the goods were bought and to whom they were delivered can hold the
goods and refuse to pay for them, and under such circumstances
representative is brought in close contact with industry. He is in
sympathy with it and believes in doing what he can in assisting
its growth. The power of the press both public and class is tre-