Classic Mode

Music Trade Review

Issue: 1912 Vol. 54 N. 9

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE
MUSIC TRADE
REVIEW
EDWARD LYMAN BILL - Editor and Proprietor
J. B. SPILLANE, Managing Editor
Executive and Reportoiial Staff:
GLAD. HENDERSON,
A. J. NICKLIN,
EUGENE C. MAYER,
H. E. JAMASON,
AUGUST J. TIMPK,
WM. B. WHITE,
B. BRITTAIN WILSON,
L. E. BOWKKS
CHICAGO OFFICE:
E. P. VAN HARLINGEN, 37 South Wabash Ave.
Telephone, Central 414.
Room 806.
MINNEAPOLIS and ST. PAUL:
ST. LOUIS:
BOSTON OFFICE:
JOHN H. WILSON, 824 Washington St.
Telephone, Main 6950.
PHILADELPHIA:
R. W. KAUFPUAN.
ADOLF EDSTEN.
CLYDE JENNINCS
SAN FRANCISCO: S. H. GRAY, 88 First Street.
CINCINNATI. O.: JACOB W. WALTERS.
BALTIMORE. MD.: A. ROBERT FRENCH.
LONDON, ENGLAND: 1 Gresham Buildings, Basinghall St., E. C.
Published Every Saturday at 373 Fourth Avenue, New York
Enttttd
at the New York Post Office as Second Class Matter.
SUBSCRIPTION, (including postage), United States and Mexico, $2.00 per year; Can
ada, $8.60; all other countries, $4.00.
ADVERTISEMENTS, $2.50 per inch, single column, per insertion. On quarterly or
yearly contracts a special discount is allowed. Advertising Pages, $75.00.
REMITTANCES. in other than currency forms, should be made payable to Edward
Lyman Bill.
Departments conducted by an expert wherein all ques-
tions of a technical nature relating to the tuning, reg-
ulating and repairing of pianos and player-pianos are
p
. d e a U w i t h i w i(i be found in another section of this
paper. We also publish a number of reliable technical works, information concerning
which will be cheerfully given upon request.
Player-Piano and
Exposition Honors Won by The Review
Grand Prix
Paris Exposition, 1900
Silver Medal.. .Charleston Exposition, 1902
Diploma. ...Pan-American Exposition, 1901
Gold Medal
St. Louis Exposition, 1904
Gold Medal. ...Lewis-Clark Exposition, 1905
LONG DISTANCE TELEPHONES-NUMBERS 5982 5983 MADISON SQUARE
Connecting all Departments.
Cable address •• "Elbill, N e w York."
REVIEW
rent railroad earnings are reported by Southern roads—a situation
that is exactly the reverse of last fall. Trade in the Northwest
continues slow. St. Louis is also quiet, but dispatches to the mer-
cantile agencies indicate a more hopeful feeling there.
Bradstreet's says: Many visiting buyers have been in the
leading markets this week, and as a result house trade has shown
some expansion. On the other hand, road sales have been deterred
by unfavorable weather conditions, heavy snowstorms, high winds,
rains, and low temperatures over a wide area of the country having
militated against easy traveling and free traffic movements. The
West and Southwest have suffered most from adverse meteorologi-
cal conditions, and where early spring sales at retail were begin-
ning to enlarge setbacks have been experienced, though visiting
buyers still display a noteworthy leaning to conservatism, and such
being the case, the outlook tends to favor steady rather than
voluminous trade. Indeed, in some sections of the country, par-
ticularly those catering to cotton and winter wheat territory, there
is a disposition to exercise caution about taking full orders from
retail merchants, this policy being due to the fact that many final
distributers are backward in paying old accounts. Erom all that
has been written, it would appear that the week's developments,
save for the gains made in house trade, have been somewhat irregu-
lar ; but despite temporary retarding influences, undercurrents in
most markets indicate further conservative improvement.
Viewed by sections of country, trade in the West and East,
notwithstanding temporary drawbacks, indicates steady but con-
servative gains, while the Southwest reflects some improvement,
with favorable prospects, and the South is looking up chiefly be-
cause of the freer marketing of cotton that has been induced by
higher prices.
Collections are probably a little better than heretofore, but on
the whole they are not above fair, with backwardness visible at a
number of points.
J
UDGING from the manner in which advertising is being con-
trolled through legal means nowadays it would seem that
NEW YORK, MARCH 2, 1912.
piano advertising will soon be confined to the straight and narrow
path—to the plain statement of facts in a most conservative form.
In the first place, the Post Office Department, following The Re-
view's campaign, has taken a stand against contest advertising that
EDITORIAL
has succeeded in discouraging to a large extent that particular form
of piano publicity. Next to the contest in popularity has been
HE offices of this trade newspaper institution are now located
the club plan of disposing of numbers of pianos in a comparatively
in the new building, 27Z fourth avenue.
short time, and a most interesting and convincing feature of the
Our friends who are located in town and those who are visit-
plan has been the insurance clause providing for the giving of
free title to the instrument upon the death of the purchaser. Now
ing this city will find the new location a convenient one.
comes the State Insurance Department of Minnesota and also
Michigan which hold that the insurance clause is in violation of the
USINESS in the music trade field throughout the country as
State
laws. The New York State Insurance Department also held
well as general trade is moving up sturdily and steadily in
some
time
ago that the insurance clause in piano contracts was not
the face of some discouraging influences, and such progress shows
binding.
In
Oregon a couple of weeks ago a merchant was fined
that the outlook is for better conditions. The Presidential cam-
for
advertising
that he had purchased a bankrupt stock of goods
paign is developing into a contest in which issues affecting busi-
for
$5,000
and
had
bargains to offer. It developed that the stock
ness—or, what is the same thing, many business men think will
had
been
bought
for
$690 and that the concern selling them to
directly affect business—are going to be argued over and voted
the
merchant
was
far
from being bankrupt. Some clever explana-
upon. This is making many who would otherwise be more ag-
tions
were
made
regarding
the meaning of the words "receiver" and
gressive in trying to be first in the rush back to prosperity look a
"failure"
in
merchandising,
but the court held that the legal mean-
little more carefully. The policy of "hand to mouth" purchasing
ing
of
the
terms
was
the
one
generally considered by the buying
by merchants that was the rule last year has been departed from
public,
and
fined
the
merchant
$50. With advertising so hedged
somewhat, and many are ordering a little in advance, but are not
in by various laws and rulings and the authorities apparently so
stocking up as they would if the coast was all clear.
willing and, in fact, anxious to take action in the matter, it would
Of five important signs that are generally regarded as unfail-
seem that the straight and narrow path is the only one for the
ing gauges or indications of general trade and industry three are advertiser who desires to keep out of trouble. Just think of be-
favorable, one favorable upon its face, and one somewhat unfavor-
ing compelled in advertising special sales to state, "'This piano was
able, according to the leading financial writer of the Times. Bank
$250, now $225," instead of, "Now $250 was $550." It's an awful
clearings show large increases outside New York, indicating an
handicap to labor under.
increasing turnover of goods; the cotton goods trade is improving,
and current railroad earnings show sharp increases. There is a
decline in the total of idle freight cars, usually a good sign, but
DWARD LYMAN BILL leaves to-day for a European trip
not subject to qualification because the railroads have been subject
taken in the interests of this trade newspaper institution.
to winter blockade, and consequently having less meaning. The
For some time past our trade has been steadily expanding
steel and iron trade is not flourishing. This is the unfavorable
abroad and we shall have an important business announce rent to
sign, but there are mitigating circumstances.
make within the near future which will mean a material augmen-
That the South is having a bit of a reverse is shown by the tation of the influence of this trade newspaper institution in various
bank clearings and by the fact that nearly all the declines in. cur- parts of the wQrl T
B
V
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE
MUSIC TRADE
REVIEW
Settling Business Disputes By Arbitration
Some Interesting Comments on the Plan Formulated by the New York Chamber of Commerce
Which Will Interest the Music Trade.
S
EVERAL months ago I wrote an artiule, as one of this series,
on "The Settlement of Business Disputes by Arbitration."
In several ways I was made to know that the subject had aroused
much interest, as indeed it was inevitable that it should, for any
plan for adjusting the controversies of business life without the
expense and delay of court proceedings is sure to awaken a re-
sponse in every business man's breast.
The. New York Chamber of Commerce has just formulated a
complete plan of employing arbitration as a means of settling com-
mercial disputes that would otherwise have to go into court for
settlement, and 1 have been at some pains to obtain its details for
presentation here in a further article on the same subject.
Arising in the experience of every business man, however
large or small his scope of operations may be, are questions of
law which must be settled. If he is like the average business man,
he shrinks from the very thought of lawsuits, dreading the expense,
the long wait, and the frequent need of being called to court again
and again, only to hear that his case was not reached, or was
reached and postponed. These conditions are particularly aggra-
vating in city courts, which are almost always congested. In
Philadelphia, for example, it frequently takes two and three years
for an ordinary commercial case to be heard. In the meantime
witnesses have died or moved away, the details of the controversy
may have been forgotten, and all flavor has flown from the dispute.
As a result of their abiding dread of litigation, business men
will often submit to injustice rather than take their chances in
the courts. One of my own clients only last week, who had as
good a claim for $500 as I have ever handled, accepted a beggarly
offer of $50 rather than wait the two years or more which he
would have to wait for his case to be heard in court.
All this is at the bottom of the eagerness with which the busi-
ness world is turning toward the settlement of ordinary business
disputes by arbitration. Arbitrators as a rule are not lawyers—
they are business men of sound judgment who decide cases ac-
cording to what they believe to be right and just. A case is heard
speedily and completely settled within a short time.
The New York Chamber of Commerce has provided for three
classes of arbitrators. First a list of names is appointed from
among its members, and other members wishing to employ arbitra-
tion may select one man from this list. Or they may select two
wherever they like, each party selecting one, and the two may select
a third from the list of official arbitrators. The third plan is to
have the case arbitrated by a Committee on Arbitration, which the
Chamber selects also from among its members. A quorum of this
committee can act.
The Chamber of Commerce provides a room for the hearings
and all necessary forms and papers free of charge. Each party
furnishes his own witnesses, paying their fees himself, and a
stenographer attends to make the usual official record of the pro-
ceedings.
I have obtained a number of the forms used to submit cases to
arbitration and here present one as a suggestion to any other mer-
cantile organization which may care to use the plan. In the form
below the parties have chosen to submit the case to a single arbi-
trator, chosen from the official list. The form would be altered if
either of the two other plans of selecting arbitrators was used:
"A controversy, dispute or matter of difference between the
undersigned having arisen and relating to a subject matter the
nature of which, briefly stated, is as follows: (Here follows a
statement of the case.)
"We do hereby voluntarily submit the same and all matters
concerning the same to
as Arbitrator,
selected by us from the 'List of Official Arbitrators,' compiled and
established by the Committee on Arbitration of the Chamber of
Commerce of the State of New York, for hearing and decision
pursuant to the By-Laws of the Chamber of Commerce of the
State of New York, and the Rules and Regulations adopted by
the Committee on Arbitration of the Chamber of Commerce, and
pursuant to Chapter 17, Title VIII., of the Code of Civil Procedure
of the State of New York, and we agree to stand to, abide by and
perform the decision, award, orders and judgment that may therein
and thereupon be made under, pursuant and by virtue of this
submission.
"And we do further agree that a judgment of the Supreme
Court of the State of New York may be entered in any County in
the State of New York thereon.
"We do also in all respects waive any right to withdraw from
or revoke this submission after the arbitrator or arbitrators accept
their appointment hereunder, hereby expressly and specifically
waiving the provisions of Section 2,383 of the Code of Civil Pro-
cedure."
It will be observed that the parties pledge themselves to abide
by the decision, whatever it may be; in other words, not to appeal
it. There is also a provision that judgment can be entered in court
on the decision. However, the parties are not helpless against an
unjust verdict, for they can have it set aside on any of the follow-
ing grounds:
(a) Corruption. Under this heading are included all forms
of bribery, whether the consideration be in money or in any-other
form.
(b) Fraud. This would include any kind of fraud or decep-
tion going to the merits of the case before the arbitrators. Manu-
factured evidence, deliberate perjury would come under this head.
(r) Other undue means. Under this head is included undue
influence with the arbitrators, threats, secretion of evidence;- con-
cealing of books or papers.
•]; r
(d) Evident partiality on the part of the arbitrators, ofieither
of them.
(e) Where the arbitrators have exceeded their pozvers. . This
includes all cases where the arbitrators went beyond the scope of
the case submitted or decided the case upon evidence not submitted
to them or for consideration not before them officially. Such
would be the case where after a case has been closed one of" the
arbitrators produces and exhibits to the others, in the absence of
the parties, written testimony signed by witnesses relating to the
controversy, which would possibly have affected the award as made.
(f) Where the arbitrators refused to postpone the hearing
upon sufficient cause shown.
(g) Where the arbitrators refused to hear evidence that zvas
pertinent and material to the controversy.
\
(h) Where the arbitrators liavc been guilty of any kind of mis-
behavior by which the rights of any party has been prejudiced.
(i) Where the arbitrators imperfectly executed their powers
and failed to make "a mutual, final and definite award" upon the
subject matter submitted.
Of course, arbitrators usually have to be paid, but their fees
and the general expenses of submitting to arbitration are not as a
rule as large as the cost of bringing a case in court, but even if
they were as large or larger, the cost would be warranted because
it would get quick results.
With the possible exception of certain rural districts where
cases are few and can therefore be heard soon after being brought,
there is scarcely a mercantile organization but could adopt this New
York plan for its own territory with tremendous benefit. Given
fair, honest and intelligent arbitrators, the plan is ideal.—Copyright,
February, 1912, by Elton J. Buckley.

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