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THE; MUSIC TRADE
MEW
EDWARD LYMAN BILL - Editor and Proprietor
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T
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Lyman Bill.
Departments conducted by an expert wherein all ques-
tions of a technical nature relating to the tuning, regu-
lating and repairing of pianos and player-pianos are
dealth with, will be found in another section of this
paper. We
We also publish a number <
of reliable technical works, information concerning which
will be cheerfully given upon icquest.
Player-Piano and
Technical Departments.
Exposition Honors Won by The Review
Grand Prix
Paris Exposition, 1900
Silver Medal.. .Charleston Exposition, 1801
Diploma.... Pan-American Exposition, 1001
Gold Medal
St. Louis Exposition, 1904
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NEW YORK, MARCH 1, 1 9 1 3
EDITORIAL
R
ECENT decisions handed down in the highest courts of this
State regarding- sales made on instalments, or the de-
ferred payment plan, have caused much concern to piano mer-
chants as to what, in view of the decision of Judge Marcus,
in the Supreme Court of Erie County, referred to elsewhere in
The Review, is a proper and binding piano contract. We are
in receipt of a number of letters from piano merchants regard-
ing an interpretation of this decision, which, in view of the
variance in the construction of piano merchants' contracts, is a
matter to be taken up with their local attorney.
Meanwhile some suggestions along remedial lines bearing
upon this decision are made elsewhere in The Review by Mr.
Louis Lo wen stein, of Went worth, Lo wen stein & Stern, the
eminent attorneys of New York City, which will be read with
interest.
Dealers need not be alarmed, for the broad and interesting
decision of Judge Marcus is merely the opinion of a single judge,
and there are many decisions of the Appellate Courts the other
way. It simply emphasizes the fact that to be legal a contract
covering a conditional sale must, in every way, comply with
every detail of the lien law of this State, and that waivers of
rights on the part of the vendee does not change the obliga-
tions of the vendor.
T
along optimistic lines. For instance, Dun's says: "In volume
of distribution business continues on a very liberal scale, al-
though *the spirit of conservatism which has characterized the
situation for so long- a time still continues. While there is a
notable absence of speculative activity, the principal trades and
industries show a steady expansion as compared with conditions
prevailing at the corresponding period a year ago, although in
certain lines, and especially in some localities, there has been
lately some slowing down in the business advance."
This cautiousness or conservatism, evident in all branches
of industry, is an indication that business is moving along care-
ful lines. It is an admirable sign and shows that business is pre-
pared to meet any emergency that may arise.
CHICAGO OFFICE:
OH» H. WILSON, 824 Washington St.
R. W. KAUFPMAN.
REVIEW
HERE is no evidence of any slowing up process in either
the manufacturing or retailing departments of the music
trade industry. The first two months of the present year com-
pare mort than favorably with the same period of 1912, with an
increasing demand evident for player-pianos.
It is now apparent that the present year will witness a tre-
mendous output of these instruments, judging from the reports
of piano merchants in widely separated sections of the country.
The principal commercial agencies in summing up the busi-
ness situation throughout the United States couch their reports
A
MERICANS who marvel at the growth of some of the
large cities in this country where manufacturing pre-
dominates may be surprised to learn that many manufacturing
centers in Germany are expanding more rapidly than some of the
cities in the new world.
This is due in a large measure to the fact that the German
Government fosters business, and does not antagonize it, as has
been the custom in this country within recent years.
While some of our big corporations have transgressed the
law, nevertheless thousands of smaller business enterprises, that
are conducted along honest and correct lines, are made to pay the
penalty for the sins of a comparatively few large institutions.
Business in the United States has had to fight these, as well
as many other obstacles toward prosperity, and the wonder is
that conditions are as satisfactory as they are.
An illustration of the interest displayed by the authorities
of large German cities in encouraging the expansion of manu-
facturing enterprises is to be noted in the offer made by the
city government of Hamburg of a two-acre tract of land to
Steinway & Sons so as to enable them to enlarge their immense
plant in that city, which has become necessary through the ex-
pansion of the Steinway business in Europe.
While the land offered was found not available for Steinway
requirements after an investigation by Chas. H. Steinway, who
visited Hamburg for that purpose, still it evidences the sympa-
thetic attitude of the German authorities toward important busi-
ness enterprises. Throughout Germany there is a desire to pro-
mote the prosperity of the large manufacturers, and it accounts
in a large measure why Germany to-day is becoming the great
world power in the sphere of commerce.
T
HE recent discussions over the Oldfield Bill, which attacks
fixed prices based upon patent monopoly, as well as recent
decisions, notably that of Justice Ray, handed down last week in
the United States District Court, have aroused new interest on
the question of controlling prices at which certain patented prod-
ucts may be sold.
Justice Ray would give the patentee no more privilege than
the owner of a copyright. He believes he possesses the right
only to vend and not to control prices—that he receives his roy-
alty, or consideration, for the use of the patented article when
he sells. He quotes various copyright decisions, notably that of
Boggs vs. Merrill, and the long-fought Macy suit, which pre-
vents publishers fixing prices on copyrighted books, as a basis
of his discussion on patent rights.
It is the general opinion of the legal fraternity who have
gone over this voluminous, but interesting, decision, that it will
be reversed by the higher courts, which have almost consistently
upheld the right of a patentee, not only to manufacture and vend
but prescribe the prices, by whom and in what manner his
products shall be sold.
There has been a wide difference in views expressed by emi-
nent judges in interpreting the patent law, as well as its scope,
and many of them are so conflicting as to confuse not only the
ordinary layman but the most learned lawyers.
S
OMEBODY says that we do not succeed so much by our
own acts as in profiting by the mistakes of others. When
people who have a good start in life fail to improve their chances,
the chances are left for the rest of us. Inheritance and pull count
only at the start; the race is to the best man.