Music Trade Review

Issue: 1916 Vol. 62 N. 3

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE
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flUJIC TIRADE
V O L . L X I I . N o . 3 Published Every Saturday by Edward Lyman Bill at 373 Fourth Ave., New York, Jan. 15, 1916
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$>O C PER E V>EAR: ENTS
Attorney-General Gregory Defines Anti-Trust Laws.
Attitude of Federal Government Is Explained in Statement Given Out by Chamber of
Commerce—Business Will Not Be Harassed—Innocent Offenders Will Receive Leniency.
(Special to The Review.)
WASHINGTON, D. C , January 10.—A statement
of vast interest and importance to 'business men
generally throughout the country was made by At-
torney-General Gregory here last evening, through
the medium of the Chamber of Commerce of the
United States. The statement clearly outlined the
future policy of the Department of Justice in re-
gard to the enforcement of the anti-trust laws, and
contains the reassuring promise that when business
men have entered into a transaction in good faith,
believing their action to be entirely legal, should
this transaction be in violation of the statutes, there
will be no criminal prosecution, but the parties in-
terested will be given every opportunity to change
their plans in conformity with the laws governing
their specific case.
The statement was called forth by the uncertainty
which has existed in the minds of business men by
reason of the latest anti-trust legislation, both as to
the relationship to be established between the De-
partment of Justice and the new Federal Trade
Commission at points when their jurisdiction
seemed to overlap and also as to the probable atti-
tude of the Department of Justice in regard to
future anti-trust proceedings.
Mr. Gregory also outlines in detail his concep-
tion of the way in which the Department of Justice
and the Federal Trade Commission will co-operate,
which is a matter about which the business world
has been very uncertain ever since the commission
was created.
The Attorney-General seems to indicate that in
cases over which .both the Department and the Fed-
eral Trade Commission have jurisdiction, such as
those arising under the Clayton act, the Depart-
ment will await the conclusion of the commission's
proceedings regarding any matters in which the
commission's jurisdiction is first invoked.
Mr. Gregory's statements were made in reply to
questions put to him 'by a special committee of the
national chamber, headed by Henry A. Wheeler,
vice-president of the Union Trust Co., of Chicago.
The results of the committee's interview were is-
sued by the national chamber in the following
form:
"By way of introduction the Attorney-General
expressed a view that much of the misunderstand-
ing that exists in some quarters in relation to the
Sherman act is due to the fact that in the minds
of many it has come to be thought of as a statute
apart from the general body of laws—one by na-
ture, unlike other laws, especially as regards the
function and duty of those charged with its en-
forcement.
"This, he pointed out, is not the case at all. On
the contrary, .the Sherman act is enforced by the
Department of Justice in the same manner and ac-
cording to the same rules of policy as other stat-
utes—with the same care and with neither more
nor less rigor. Plain or intentional violations are
proceeded against vigorously, as under other
statutes.
"When, as with all statutes, doubtful cases arise
in which there was no intent to violate the law,
they are dealt with just as similar cases under other
statutes are dealt with; that is, with a view to en-
forcing strict compliance with the law, but without
unnecessarily stigmatizing or unnecessarily bur-
dening with litigation persons who have been hon-
estly mistaken as to the law and who stand ready
to rectify their mistake.
"Another cause of this misunderstanding is the
persistent misrepresentation to which the Sherman
act has been subjected by propagandists who are
opposed to the competitive principle and who seek
to undermine that principle by attempting to create
in the public mind misgivings and confusion, both
a.-, to the meaning and as to the manner of enforc-
ing the law embodying it.
"Four points were then taken up: First, the com-
plaint that the law is uncertain ; second, the policy
of the Department of Justice as regards the method
of enforcing the law in admi f tedly doubtful cases;
third, the means adopted by the Department to
guard against unjust prosecutions; fourth, the
policy of the Department in cases where it and the
Federal Trade Commission are both charged with
the enforcement of the law.
"Concerning the first point, the Attorney-General
stated that while concededly there is in the law of
restraint of trade an area of doubt, in the vast ma-
jority of cases it is not difficult to tell whether a
proposed transaction is or is not in violation of the
statute, and the doubt is certainly no greater than
that which is accepted as a matter of course in the
applications of other laws.
"Such doubt as there is, he stated, will be greatly
reduced by decisions in the shipping pool case, the
anthracite coal cases, the Harvester case, the Steel
case and the United Shoe Machinery case, which
are mow pending in the Supreme Court.
"As to enforcing the, law in cases where viola-
tions were found to exist through transactions
which were entered into in absolutely good faith,
the Attorney-General stated that it would not be
the policy of the Department to invoke extreme
penalties, but that the law would be enforced by a
civil proceeding in which the action involved
would be contested or a consent decree entered, ac-
cording as the defendants desire-d, or by a notice
to the parties of the Department's conclusion with
opportunity to abandon or modify the transaction
in accordance with the law.
"The choice as 'between these two procedures
would be determined by the circumstances of the
particular case. The Attorney-General claimed no
originality for this policy. On the contrary, he
stated that it was neither original nor peculiar to
the anti-trust law, but is the policy of the Depart-
ment and prosecuting authorities generally in the
enforcement of all laws.
"In this connection the attention of the Attorney-
General was called to Paragraph F of Section 6
of the Federal Trade Commission law, which
authorizes the commission 'upon application of the
Attorney-General to investigate and to make rec-
commendations for the readjustment of the busi-
ness of any corporation alleged to be violating the
anti-trust acts in order that the corporation may
thereafter maintain its organization, management
and conduct of business in accordance with law.'
"He was asked whether he could state what the
policy of the Department of Justice would be with
regard to invoking that provision. He replied that
v/hile he felt certain that this would prove to be a
most serviceable provision in solving particular
questions which often arise in the enforcement of
the anti-trust laws, it was as yet too early, in his
judgment, to attempt to particularize as to the
cases in which the Department of Justice should
call upon the Trade Commission for assistance un-
der this provision.
"Speaking generally, he stated he did not under-
stand that the provision contemplated that he
should refer to the commission the question
whether the law had been violated in a given case,
but rather questions of the feasibility, adequacy or
advisability of proposed remedies from a practical
standpoint.
"The discussion then turned to the measures
taken by the Department to guard against prosecu-
tions for which there is not just ground. On this
paint the Attorney-General stated that no proceed-
ing is ever instituted until after the most painstak-
ing and exhaustive examination of the facts which
it is possible to make.
"As a part of this inquiry the person or corpora-
tion against whom complaint is made, unless it has
already declared its attitude, is given full oppor-
tunity to submit its defense before any action is
taken.
"This is done, he pointed out, not only as a mat-
ter of justice to those against whom complaints
are made, but as a matter of prudence on the part
of the Department, for least of all has the Depart-
ment any interest in instituting a suit which should
subsequently turn out to be without a proper foun-
dation of guilt.
"As to its policy in cases where both the Depart-
ment and the Federal Trade Commission are
charged with the enforcement of the law, as under
the Clayiton act, the Attomey^General stated that
the Department would in general, he guided by the
principle which governs the Federal and State
courts in cases where they have concurrent juris-
diction.
.
.
"That is to say, in any such case if the Federal
Trade Commission were the first to exercise juris-
diction, the Department of Justice would await the
conclusion of the commission's proceedings before
taking any action unless- special circumstances
should-dictate a.different course."
The statement of the Attorney-General seems to
mark the dawn of an era of co-operation between
the Government and our great industries which
will'be of great benefit not only to these industries,
but to the Government itself, and the public at
large as well.
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW
REVIEW
EDWARD LYMAN BILL • Editor and Proprietor
J. B. SPILLANE, Managing Editor
Executive and Reportorial Staff:
B. BRITTAIN WILSON,
CARLETON CHACE,
L. M. ROBINSON,
GLAD HENDERSON,
A. J. NICKLIN, AUGUST J. TIMPE, WM. H. WHITE,
WILSON ]>. HUSH,
L. E. ROWERS.
IOHN
JOHN
BOSTON OFFIGESs
ON 124 Washington St
^
324 Washmgton St.
'
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P
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VAN
S o
CHICAGO O F F I C E :
HARLINGEN, Consumers' Building,
telephone, Wabash 5774.
Street
HENRY S. KINGWILL, Associate.
LONDON, EDGLANDt l Gresham Buildings, Basinghall St., E. C.
NEWS S E R V I C E IS SUPPLIED W E E K L Y BY OUR CORRESPONDENTS
LOCATED IN T H E LEADING CITIES THROUGHOUT AMERICA.
Published Every Saturday at 373 Fourth Avenue, New York
Entered at the New York Post Office as Second Class Matter.
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ADVERTISEMENTS, $3.50 per inch, single column, per insertion. On quarterly or
yearly contracts, a special discount is allowed. Advertising pages $110.00.
KKM1TTANCES, in other than currency forms, should be made payable to Edward
Lyman Bill.
SinA
Departments conducted by an expert wherein all ques-
allU
tions of a technical nature relating to the tuning, regu-
I)onai*ftnontc
lating and repairing of pianos and player-pianos are
If C p d l l U i e i l l b . d e a l t w i j h > w i l l b e f o u n d i n another section of this
paper. We also publish a number of reliable technical works, information concerning
which will be cheerfully given upon request.
Exposition Honors Won by The Review
Grand Prix
Paris Exposition, 1900 Silver Medal.. .Charleston Exposition, 1902
Vipioma
Pan-American Exposition, 1901
Gold Medal
St. Louis Exposition, 1904
Gold Medal. .Lewis-Clark Exposition, 1905.
IMOTXQ DISTANCE TELEPHONES—NUMBERS 5982—5983 MADISON SQ.
Connecting- all D e p a r t m e n t s
Cable a d d r e s i : "ElblU, New York."
NEW YORK, JANUARY 1 5 , 1 9 1 6 .
EDITORIAL
A GENTLEMAN associated with one of the supply branches of
l\
the piano trade and who for the past two years has been
making a close of study of the actual trade situation from the stand-
point of the manufacturer recently commented on the lack of tech-
nical knowledge in the piano trade and the subordination of such
knowledge to commercialism—a condition which unfortunately is
not getting any better.
"It is surprising," said the gentleman in question, "to learn of
the woeful lack of exact knowledge of piano designing and construc-
tion in many piano factories. Things are done, especially in the
designing and construction of the scale, without definite knowledge
apparently of what the effect is going to be, which is noticeable in
a great many of the instruments on the market to-day—for instance,
such as reducing sizes of scales to fit a smaller piano and increasing
the weight of the strings to compensate for the shorter length with-
out making corresponding changes in the bridge and soundboard.
When such an error is discovered the lack of understanding of facts
generally results in the continued addition of weight of metal, with
the result that the instrument is subjected to a tremendous and un-
necessary strain and becomes the bane of those who are called upon
to regulate and tune it.
"There have been numerous suggestions for technical education
in the trade. Schools are conducted in New York, Chicago and
other cities at various times, but the real development of the tech-
nical education in the trade lies in the hands of the National Asso-
ciation of Piano Manufacturers' and the various associations in
different cities. A substantial amount set aside by the National
Association for the furtherance of technical education would pro-
duce tremendous dividends, through the medium of exact knowledge
on the part of piano builders and a consequent development of the
American piano itself.
"Were technical education actually under the control of the
manufacturers' association, and carried out broadly, there would be
a weeding out of those pianos that represent actual errors in the
fundamentals of scale designing and primary construction. Ihave
heard it stated by a manufacturer that he did not favor the technical
education of employes, because he feared they would then
branch out for themselves or turn over shop secrets to com-
petitors.
"When such a piano manufacturer or superintendent is faced
with facts he is soon forced to admit that the only shop "secrets" to
be turned over are generally the errors. He finds out that competi-
tors are doing things the same way he is and believe they., too, hold
valuable trade secrets. There is only one way to build a good piano
—the proper way, and that way is open to anyone 1 who has at hand
the facilities for gaining knowledge and who possesses the willing-
ness to study and learn. Some day, it may be in another generation,
the National Association will give earnest attention to the question
of technical education under its own auspices and at its own expense,
but meanwhile valuable time and unrecoverable opportunities are
being lost."
LSEWHERE in this issue of The Review is contained a state-
ment from Attorney-General Gregory rehtive to the attitude
of the Department of Justice and the new Eederal Trade Commis-
sion towards big business generally. The Sherman Act has long
been regarded as the medium through which the Government could,
and did, hinder the economic progress of the country at large.
Many men of large affairs have been prone to regard the Govern-
ment, so far as their business was concerned, in the light of a natu-
ral and hereditary adversary lying in wait for them with the
avowed intent of bludgeoning them with the anti-trust and other
laws which seem aimed directly against the expansion and upbuild-
ing of business upon a large scale.
The very frank outline, given by the Attorney-General, of the
fair and adequate policy which the department will pursue in the
administration of the anti-trust laws, will receive the approbation
of business men generally, who are anxious to see the prosperity
which is increasingly evidenced throughout the nation preserved.
Mr. Gregory's statement shows a spirit of co-operation, rather than
of antagonism, on the part of the Federal Government towards the
business interests of the country that is refreshing and reassuring.
America is great not simply because of her hundred-million
population, nor yet alone by virtue of her almost inexhaustible natu-
ral resources; she is great in a large measure because of the sta-
bility, progressiveness and efficiency of the great business enter-
prises which have made her prowess known and her influence felt
throughout the civilized globe.
Why, then, should the Government, made powerful by virtue
of commercial supremacy, seek to wilfully and unnecessarily antago-
nize the very thing which is responsible for its greatness?
This policy of economic hari-kari, unfortunately too evident in
times past to go unnoticed, has been superseded by a policy that will
properly safeguard the interests of the public without throttling
business development, if we read aright the views of the Attorney-
General, and his recent announcement will have a strengthening
effect all along the line, and will help materially to add to that confi-
dence in our country, our Government, and our commercial enter-
prises which is absolutely necessary for the achievement and preser-
vation of sound national prosperity.
E
ROM Roston comes the astounding news that, believing thor-
oughly, but economically, in the value of music in its public
schools, where the future citizens of the "Hub of the Universe" are
taught the famous Back Bay accent, the City Fathers have recently
sent to the piano manufacturers and dealers of Boston requests
for sealed bids on five upright pianos for school use, to cost $150
tach, or less!
And this following hard on the announcement, through especially
prepared newspaper articles, that the School Department was mak-
ing every effort to increase and r:fine the appreciation and study
of music in the schools!
The specifications further require the bidders to deliver the
pianos, furnish stools and covers, repair all damages, guarantee each
instrument for one year, and take over and remove the old-fashioned
square pianos which these uprights are to replace. The specifica-
tions do not require that the dealers furnish a musician to play the
piano whenever necessary, but this is due probably to an oversight
on the part of these stalwart advocates of refined musical taste.
Such a request coming from men who are presumably suffi-
ciently erudite to control the means by which the future generation
will receive whatever education and polish it may possess, is a sad
F

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