Music Trade Review

Issue: 1915 Vol. 60 N. 4

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW
55
HOLD GREAT MEETING IN BUFFALO. MINNESOTA SUPREME COURT UPHOLDS VICTOR CONTRACT.
Talking Machine Dealers of That City and
Western New York Attend Get-Together
Meeting of Local Association—Some Inter-
esting Addresses Made—A Successful Affair.
(Special to The Review.)
BUFFALO, N. Y., January 19.—Talking machine
dealers of every city, town, village and hamlet in
Western New York heeded the siren call of more
business last Thursday night. The Talking Ma-
chine Dealers' Association of Buffalo opened wide
its arms of greater co-operation and the out-of-
town visitors eager to assimilate ideas, enthusiasm
and fraternal aid came gladly into the fold. So
fired with life was the first annual banquet of the
association as held in the Dutch room of the Statler
Hotel that more than eighty-five live-wire distribu-
ters of talking machines assembled at the banquet
board and remained until the last toast, shop talk
and melody greeted the early morning. The guests
were the dealers from outside the city, and ac-
ceptances were numerous and regrets few, in the
cases of those who received invitations. As a direct
result of the "get-together" the membership of the
growing association was strengthened considerably.
More than a score of the visitors enrolled.
An atmosphere of general optimism was radiated
at the dinner. It was stated generally that sales
were never so numerous as in the holiday season
just passed and that the new year even promised
more. There was not one note of depression
sounded in the splendid gathering, and every in-
dication pointed that Western New York will more
than double sales within the next month if cam-
paigns proposed and planned work out as antici-
pated.
There were men at the association dinner who
have virtually grown up with the talking machine
industry, and their words of wisdom, joined with
those of factory representatives, sent many am-
bitious dealers away carrying plenty of resolves and
ideas. However, shop talk did not by any manner
of means dominate the affair, as plenty of music
and entertainment was offered from 6.30 o'clock
until the members went their various ways.
Wade H. Poling, widely known as the manager
of the musical department of J. N. Adam Co., who
is president of the Buffalo association, presided as
toastmaster. He introduced the speakers in splen-
did style and announced the various events in a
quiet, humorous manner.
Seated at the speakers' table, which was dec-
orated, was President Poling; Ernest John, of
the Victor Talking Machine Co. at Camden, N. J.,
who was guest of honor and principal speaker;
C. H. Utley, well-known musical instrument dealer;
Robert L. Loud, prominent in the local musical
trade world; W. D. Andrews, talking machine and
sporting goods dealer; O. L. Neal, B. E. Neal and
IT. B. Neal, members of Neal, Clark & Neal; John
F. Huber, manager of Denton, Cottier & Daniels:
Albert Poppenberg, of Poppenberg Bros.; H. E.
Hoover, of the William Hengerer Co.; W. J. Breul,
of the Neal, Clark & Neal Victrola department.
Prior to the speaking, E. K. Rose, of the
Hawaiian Quar'et of the Victor Co., who resides in
Buffalo, sang one of his selections without accom-
Approves Ruling of Judge of District Court in Case of Laurence H. Lucker Against Victor Co.
in Which Vital Issues Were Concerned—Defines Status of Foreign Corporation.
(Special to The Review.)
MINNEAPOLIS, MINN., January 18.—The Minne-
ships goods into the State only to fill such orders,
is engaged in interstate commerce, and it is not
sota Supreme Court has affirmed the judgment of
within the prohibitions of G. S. 1913. Sees. 6205-8
the District Court in the suit of the Victor Talk- relating to foreign corporations doing business in
this State. Its transactions are not rendered local
ing Machine Co., against Laurence H. Lucker, and
also has definitely established the rights of foreign by the fact that it advertises its goods in this State,
corporations doing business in Minnesota with or by the fact that its traveling salesmen turn in
local distributers. The decision is one of wide orders to local distributers to be filed by them, if
the corporation disposes of its goods only by out-
interest to all lines of business.
right sales in the manner above described.
The Victor Co. brought suit against Mr. Lucker
Second—Such foreign corporation does not lose
to recover about $6,500 for good sold to him, and
its right to enforce its interstate contracts in our
Mr. Lucker filed a counter claim for $240,000 dam-
courts by subsequently engaging in local business
ages for injury to business and loss of trade, al-
without complying with our laws.
leging that the Victor Co. had demanded that he
Third—A contract by one party to sell goods to
discontinue handling the Edison goods and that its
contract was in restraint of trade. The jury found another as ordered, but for no fixed period, is termi-
for Lucker, but Judge Steele, ordered a judgment nable at will of either party, and no right to damage
for the Victor Co., notwithstanding the verdict. can be predicated on its termination.
Fourth—•Competition in trade is lawful. One man
Following is the syllabus:
Victor Talking Machine Co., respondent, vs. Lau- may seek the business of a competitor and may tell
the trade not to buy of his competitor, so long as
rence H. Lucker, appellant.
Syllabus; A foreign corporation selling goods he indulges in no threat, coefcion, misrepresenta-
tion, fraud or other harassing means.
to purchasers within the State upon orders received
Ilallam. J.
from traveling salesmen or by mail, and which . Judgments affirmed.
paniment, and then joined with his own voice in
the number as played on a Victor Victrola. His
offering was the "Wreath of Carnations."
Cards containing the association's new official
song, composed by Mr. Bruel, were distributed.
With volume and vim the four verses were sung
to the tune of "Tipperary."
The various speeches were impromptu and brief,
dealing principally with the opportunities offered in
the still young new year and the growing popularity
of the talking machine, especially in the new high
priced styles. Mr. Johns brought greetings from
the main office of the Victor Co. and augured big
things for the association, contending that it was
just such an organization that puts the trade upon
a firm basis and brings about advantageous results
for both dealer and buyer.
Toastmaster Poling explained the meaning of the
banquet, pointing out in detail the mutual benefits
that would be obtained in an association where both
city and out-of-town dealers would be working
hand in hand for advancement of the trade. He
declared many of the big problems now presented
daily before dealers could be thrashed out by such
an organization.
At the conclusion of the dinner the majority of
the visitors enrolled with Secretary Albert F.
Schwegler, who stated that the roster is getting
longer each day.
Among the Buffalo dealers in attendance in
large numbers were: Goold Bros., S. J. Schwegler,
of Schwegler Bros., W. J. Crandall and others.
The out-of-town guests registered were: John
Belding, of John Belding & Son, Geneseo, N. Y.;
C. C. Bradley, of the same place; Alonzo Jenks, of
Mount Morris, N. Y.; H. C. Webster, of Silver
Creek, N. Y.; George H. Graff, of George H. Graff
& Co., Dunkirk, N. Y.; George Steffan, of Lockport,
N. Y.; JI. E. Ehlen, of Dunkirk, N. Y.; Jesse
Landaul, of Medina, N. Y.; James C. Cottrill, of
Arcade, N. Y.; J. W. Church, of Wellsville, N. Y.;
F. W. Burke, of Penn Yann, N. Y.; Henry
Schaefer, of Dunkirk, N. Y.; A. P. Jeffrey, of
Dunkirk, N. Y.; Bert D. Levalley, of Lockport, N.
Y.; Alex Molien, of Lackawanna, N. Y.; J. M.
Spencer, of Fredonia, N. Y., and others.
Although the association has only been organized
since October 15, it is reputed as one of the city's
most influential trade organizations.
NEW ROAD REPRESENTATIVES
Appointed by the New York Talking Machine
Co. to Visit the Trade.
The New York Talking Machine Co., 81 Cham-
bers street, New York, Victor distributer, an-
nounced this week the addition of two new road
representatives to its already large and efficient
road staff. These new travelers are Richard G.
Craig and Blaine Damon. Mr. Craig was formerly
associated with several large enterprises in the
moving picture field, where he scored a signal suc-
cess and acquired an intimate knowledge of dealer
co-operation. Mr. Damon's previous experience in
the advertising and sales fields was particularly
directed toward aiding the dealer in developing his
business.
Mr. Craig will cover Brooklyn, the territory
formerly handled by John H. Bieling, while Mr.
Damon's territory will consist of several slices
taken from the territories of the other New York
Talking Machine representatives, this readjustment
being necessary in order to adequately handle the
company's fast growing business.
The Phonograph Co., of Cleveland, O., la
was authorized by the Secretary of State to in-
crease its capitalization from $75,000 to $150,000.
TEN DOLLARS IN VALUE FOR ONE DOLLAR INVESTED
Numbers of subscribers have claimed that they had rather pay a ten-dollar note annually for
The Talking Machine World
than to be without it.
It is a large and splendidly arranged paper, containing from 50 to 80 pages, covering comprehensively every branch
of the talking machine industry.
Its educational articles, showing how to build a successful and paying talking machine department, are widely read
—and no one who sells talking machines can afford to be without this publication.
Every merchant and every salesman can gain much valuable information by its perusal. It costs but $1.00 a year to
have it sent to any address in the United States. Samples free for the asking.
THE TALKING MACHINE WORLD
373 Fourth Avenue, New York
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW
Conducted by B. B. "Wilson
fealed .by the charge of laches. The delay of
about three months in commencing its action can-
Elaborate Reviews of " I Didn't Raise My Boy
Supreme Court Finds for Plaintiff Publishers
not amount to such laches as would defeat it even
to Be a Soldier" When It Is Sung at the
Against Defendant Composer and Others in
if laches alone, as distinct from the statute of
Local Vaudeville Houses—How One Artist
Interesting Decision—The Latest Phase of
limitations, is ever a defense (Treadwell vs. Clark,
Was Impressed by the Number.
the "When Is a Contract Not a Contract?"
190 N. Y. 51, 60). Nor should the delay in giving
Question Upholds the Publisher.
notice of its rights affect the plaintiff's remedy,
The success of the Feist anti-war song, "I Didn't
for it does not appear that the defendants were Raise My Boy to Be a Soldier," when featured in
Another chapter has been added to the history
injured by the delay.
the local vaudeville theaters by prominent singers
of recent court decisions that are calculated to
"The evidence shows that
prove, for the benefit of the composer and pub- t h e defendant Atteridge
lisher alike, a solution of the problem, "When is was a well-known song
a contract not a contract?" The recent reversal writer of exceptional abil-
by the Appellate Court of a decision obtained by ity, and if the publishing
the publishers against William H Peters, the com- house which
contracted
poser, appeared to give the writing fraternity with him was not aware of
some advantage, but last week Justice J. Giegerich, his existing engagements to
of the Supreme Court of New York, in the case another publisher it could
of M. Witmark & Sons vs. Harold Atteridge and easily have ascertained what
others goes to prove that a contract is as binding they were and should have
on the composer as it is on the publisher.
done so, since agreements
The details of the W r itmark-Atteridge case are, of this character between
briefly: The Witmarks signed Atteridge as a such writers and publishers
writer on their staff exclusively for a period of are quite common and
two years, the contract expiring on January 6, well known to be so.
1913. The plaintiffs in this action contended that
"Judgment for plaintiff
certain songs written by the defendant were against defendant w i t h
rightfully their property and sued for an account- costs.
ing. It is alleged that Atteridge did not "deliver
"Submit, with proof of
Recent Cartoon on " I Didn't Raise My Boy to Be a Soldier."
the goods" to the Witmarks during the life of his service, requests for finding within five days after
is emphasized in a most interesting manner by the
contract with them, although they paid him, under the publication of this memorandum."
accompanying cartoon, which is reproduced from
the terms of the said contract, a weekly salary, or
the New York American of recent date and marks
advance". Meantime Atteridge joined the forces
the singing of the number at Keith's Royal Theater
LOCAL
ASSOCIATION
FORMED.
of a large producing firm and was working for
during the week by Nellie Nichols. In connection
New York Music Publishers' and Dealers' As-
them in one or another capacity when his contract
with the cartoon the reviewer said in his regular
sociation Organized at Dinner at Hotel Bres-
with the Witmarks expired.
report of the show: "Only a liule more than a
lin on Tuesday Evening—Officers Elected—
Somewhere about a week after the expiration of
week old, i. has created a furore in New York
Designed to Promote Friendly Trade Feeling.
the contract the producing firm presented a new
and is sweeping to success in other cities. Audi-
show in which were several numbers written by
At an informal meeting and dinner held at the ences have demanded that it be sung over and over
Atteridge. The plaintiffs had evidence that these Hotel Breslin on Tuesday evening of this week, to
again until it has become a very real feature in
numbers had been sung in Boston during the re- which all music publishers and dealers of Greater
every sense of the word.
hearsals there in December, 1912, of the new pro- New York were invited, there was successfully
"The song has all the sentiment that is required
duction, and therefore charged that they must launched the New York Music Publishers' and
just at this time. There arc few songs in which
have been written by the defendant while he was Dealers' Association, according to plans as an- the words are so cleverly wedded to the music.
in their (Witmark's) employ and under contract nounced in The Review last week.
They seem naturally to come together and can be
with them. Atteridge denied he had written
sung with peculiar ease."'
The following officers were elected for the first
them j*nd, although ostensibly the publishers year: W. L. Coghill, of the John Church Co., presi-
Nevin's famous composition, "Mighty Lak a
were suing for an accounting on numbers issued dent; Ted Snyder, of the Waterson, Berlin & Sny-
Rose," has been arranged as a valsc hesitation by
by another house which rightfully belonged to der Co., vice-president; J. F. Glassmacher, of
the plaintiffs, they hoped to gain a decision on Chas. H. Ditson & Co., treasurer, and J. T. Roach, Frank McKee and published by the John Church
Co. In its new form the number bids fair to sur-
the merits and binding character of the contract.
of Hinds, Noble & Eklredge, secretary. The four
pass its former success, for it lends itself particu-
Justice Giegerich in his decision, which is brief
officers, together with Michael Keane, of Boosjy &
and to the point, as well as characterized by re- Co., Walter F. Fischer, of Carl Fischer, and Ed- larly to the purposes of the modern dance.
freshng clarity, says :
ward D. Marks, of Jos. •W. Stern & Co., constitute
"Supreme Court, County of New York—Special a committee on constitution and by-laws which will
Term, Part lit, October, 1914. M. Witmark &
report at the next meeting and dinner of th^ new
Sons vs. Harold Atteridge and others.
organization at the Hotel Breslin on February 16.
"Giegerich. J.—I find nothing inequitable in the
As has been announced, the new association is
contract between the plaintiff and Atteridge. It based on fraternal rather than business lin^s, and
is quite different from the contract in Witmark vs. the main object of the organization is to* bring the
Peters (14(1 X. Y. Supp. G42, Advance Sheets, music publishers and dealers together at regular
November -V\ 1914), in that it provides for a sub- intervals informally and thereby promote good fe-1-
stantial weekly payment to the author.
ing in the trade. There will be no attempt to reg-
"Xor do 1 find any lack of mutuality. It would I'late any business problem by resolution or other-
have been quite possible to decree performance by
wise, and business matt.rs generally will be dis-
the plaintiff of its engagements under the contract. cussed, if at all, informally. It is felt by those back
"I do not think that the plaintiff can be de- of the movement that with the members of the
trade on a thoroughly friendly basis, many sub-
jects of dissention will right themselves.
We are the publishers of
The first meeting was very well attended, the
following concerns being represented by one or
more members; Leo Feist, Inc., M. Witmark &
Sons, Chas. K. Harris, F. B. Haviland Publishing
(Chanson du cocur biise)
Music by Moya
Co., Charles H. Ditson & Co., Hamilton S. Gordon,
Three Keys : Ab. Bb and D
Church, Paxson & Co., Chappell & Co., Boosey &
Send 12 Cents for Sample Copy
Co., Wrn. A. Pond & Co., White-Smith Music Pub-
lishing Co., American Music Stores, Carl Fischer,
CHAPPELL & CO., Ltd.
Evans Music Co., Hinds, Nobh & Eldredge, Water-
41E. 34th St., NEW YORK
son, Berlin & Snyder Co., John Church Co., Luck-
Canadim Branch
hardt & Belder, Loren/ Publishing Co., Breitkopf
347 Yonge St., TORONTO
& Hartel, B. F. Wood Music Co., and E. T. Paull.
W1TMARK CONTRACT UPHELD.
FEATURING SONG IN CARTOONS.
McKINLEY'S TREMENDOUS HIT
THE SONG OF SONGS

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