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48
WIN SUIT AGAINST PRICE CUTTER
Courts Sustain Suit of Columbia Graphophone
Co. Against Boston Dealer Who Cut Prices
on Columbia Records—An Important Case
BOSTON, MASS., December 4.—One of the most
important decisions affecting price-cutting was
handed down recently in the U. S. District
Court, District of Massachusetts, in the case
of the Columbia Graphophone Co. vs. Tosi.
The defendant in this case, Harry Z. Tosi,
doing business under the name of Tosi Music
Co., at 263 Hanover street, Roston, Mass.,
started in to slash prices on Columbia Italian
records, advertising them both in the news-
papers, and in his windows at cut prices. He
stated in effect that he had 15,000 records on
hand which, when sold, could be replaced by
15,000 more at a reduced price in New York,
that the goods he was selling belonged to him,
and that he was going to do as he pleased with
;them; that the plaintiffs were using an unpat-
ented motor in their machines, and that he knew
it was unnecessary for him to maintain prices.
Suit was accordingly entered in the name of
both the American Graphophone Co. and the
Columbia Graphophone Co. in the U. S. Dis-
trict Court, and a motion for preliminary in-
junction came on for hearing before Hon.
Frederic Dodge, Circuit Judge, on November 21.
In the course of the argument Elisha K. Camp,
attorney for the Graphophone concerns, raised
the point that the defendant was estopped
under his price maintenance contract from de-
nying the validity of the patents under which
Columbia records are manufactured, or raising
any dispute or contest as to any of said pat-
ents, or the right of the American Graphophone
Co. thereto, and the Court sustained the point
and made a ruling to that effect.
The Court wrote no opinion, but ordered that
a writ of injunction be issued in accordance
with the prayers of the bill, and accordingly a
writ of injunction was issued under the seal
of the said Court, enjoining and commanding
the defendant, his servants, attorneys, clerks,
agents, working men, associates, and assigns,
and each and every one of them, "on pain of
$10,000 to be levied on your and each of your
goods, chattels, lands and tenements, to our
use," not to directly or indirectly infringe the
patent monopoly rights of the plaintiffs through
violating the price maintenance contract of May
18, 1916, or any part thereof, and particularly
from directly or indirectly selling or offering
for sale, or otherwise disposing of, any patented
Columbia products at less than the official list
prices thereof, until the further order of the
Court.
Since the argument of the preliminary in-
junction, counsel for the defendant has been
convinced that it would be useless to proceed
further with the litigation, and he has just
agreed to pay the costs to be taxed by the Clerk
(approximately $25 or $30), and in addition,
damages in the sum of $50.
NOVEL VICTROLA^DEMONSTRATION
Costumed Artist Acts Operatic Selections In-
side of Huge Victrola at Wanamaker Store
Victrola and organ combinations form a very
popular part of the impromptu recitals in the
Wanamaker piano department. A new attrac-
tion during the pre-holiday season is a huge
Victrola that has been installed in the balcony.
This mammoth instrument is about fifteen feet
in height, the other dimensions in proportion.
At intervals of about fifteen minutes the doors
of what would be the record section open, and
in a lighted interior behind glass a singer in
costume acts the opera selection which is
played on a Victrola, the sound issuing from the
sound box above.
THE MUSIC TRADE REVIEW
INTRODUCING THE "MUSOLA"
VICTOR NUMERICAL CATALOG
Aeolian Co. Places New Talking Machine on
the Market—A Description
Records Up to and Including November Sup-
plement Issued in New Volume Together
With Records Not Previously Announced
The Aeolian Co., New York, has just an-
nounced the addition to its phonograph lines of
a new machine named the "Musola,'' which will
retail at $55. This new machine was adver-
tised in the local newspapers this week, and
judging from all indications it will be a pleas-
ing success.
In a full page announcement the Aeolian Co.
called attention to the features of the "Musola"
as follows:
"For many months the problem of producing
a talking machine of large cabinet size, and of
excellent tonal capacity, yet at a very popular
price, has been under consideration by this
company. Of course, an instrument of this type
to justify the support of the Aeolian name and
guarantee had to display real merit—genuine
musical worth. A year ago the construction
of such an instrument with reasonable price lim-
its seemed hopeless. Nevertheless, it is to-day
an accomplished task.
"We announce the 'Musola,' a new Aeolian-
made talking machine. All important parts of
the 'Musola' are made in the Aeolian Co.'s own
factories.
In the design of every detail and
the supervision of every step of construction,
the same mature skill and scientific knowledge
have been employed that have created the many
other famous Aeolian musical instruments.
"The 'Musola' is equipped with an improved
sound box and tone arm, which produce a line,
full, sweet tone from any standard make rec-
ord, whether of the lateral cut or hill and dale
type. The tone amplifier or horn is scientific-
ally correct in material and proportion.
It
delivers a large tone volume, very true and nat-
ural in quality.
"The 'Musola' motor is of the Swiss type. It
is one of the sturdiest and most reliable talking
machine motors ever made. The high quality
of this motor is an indication of the severe
standards to which every important 'Musola'
part has been made to measure up."
L. D. ROSENFIELD JOINS COLUMBIA
Appointed Sales Manager of the International
Record Department by Anton Heindl
In order to handle adequately the fast grow-
ing business of the International record depart-
ment of the Columbia Graphophone Co., Anton
Heindl, manager of this department, has ap-
pointed Louis D. Roseniield sales manager oi
that division.
Although he is still a young man, Mr. Rosen-
field is well equipped to cope with all sales
problems arising in his new work.
He has
spent almost fifteen years in the sales and ad-
vertising profession, and resigned his position
as advertising manager of the New York
Herold (one of the leading German news-
papers), to accept this position with the Co-
lumbia Graphophone Co.
Mr. Rosenfield will personally look after the
sales of Columbia foreign records, and will be
ready at all times to co-operate with any mem-
ber of the Columbia Co.'s vast sales organiza-
tion. He will travel extensively, and give prac-
tical assistance and service to Columbia deal-
ers in developing their foreign record business.
It may be interesting to note that thirty-four
languages are now recorded in song and music
under the supervision of Mr. Heindl. The In-
ternational record department of the Colum-
bia Co. has shown tremendous increases in
sales the past year, due to the splendid qual-
ity of the records produced, and the efficiency
of the sales and manufacturing organizations
of the concern.
The Victor Talking Machine Co. have just
sent out to the trade a complete numerical list
of Victor records up to and including those
in the November, 1916, supplement. The list
is arranged in the usual comprehensive man-
ner, for the use of the dealer. With the nu-
merical list is also issued a list of records to be
withdrawn from the May, 1917, catalog and to
be taken care of in the next Victor Record
Exchange.
In the letter accompanying the list it was
stated that three records appeared in the No-
vember record catalog without previous an-
nouncement, they being: "He Shall Feed His
Flock" from the "Messiah" (Handel), sung by
Johanna Gadski, 88571—twelve-inch; "A Slum-
ber Song," by Howard C. Gilmore, sung with
harp accompaniment by Mine. Gadski, 87252—
ten-inch; and the Oratorio, "The Seven Last
Words of Christ," by Heinrich Schutz, by the
Victor Oratorio Chorus, 18173—a ten-inch,
double sided records.
WILL HANDLE COLUMBIA LINE
State Street Pathephone
Shop, Chicago,
Changes Name to State Street Phonograph
Co., and Will Feature the Columbia Line
CHICAGO, I I I . , December 11.—The State Street
Pathephone Shop, which occupies the busy
northeast corner of State and Monroe streets,
has changed its name to the "State Street Pho-
nograph Co.," and will handle the Columbia
line of machines and records exclusively ac-
cording to an announcement made to The Re-
view to-day. Complete new stocks of Colum-
bia machines and records have been installed,
and on Monday morning formal announcement
of the change will be advertised in the local
dailies.
"It is our purpose to make this the greatest
Columbia store in the world," said Harry K.
O'Neill, "and I think we are located and
equipped so as to make this quite possible. We
are located on a corner which is passed by hun-
dreds of thousands of people every day, but I
doubt if there is one in a hundred of those
people who is not acquainted with Columbia
machines and the great Columbia library,
thanks to the Columbia Co.'s advertising. I
know that there is something for everyone in
the Columbia library, and it is the same way.
with machines. We start into the work of the
holiday rush with the conviction that it will
be the greatest ever. We are greatly indebted
to the entire local Columbia organization, and
particularly to H. A. Yerkes, C. F. Baer and
C. R. Ely. All three of these gentlemen were
of very great assistance to us."
The State Street Pathephone Shop was or-
ganized last spring and capitalized at $50,000.
The officers are Arthur D. O'Neill, president
and treasurer, and Harry K. O'Neill, vice-presi-
dent and secretary. The O'Neills were among
the organizers of the Pathe-Pathephone Co.,
the first of the Pathe distributing houses in the
West. After disposing of their interests and
taking a handsome profit, they startled the trade
and set a record for high rentals in the local
trade by securing the present location in the
ground floor of the Mentor Building, at an
annual rental of $25,000.
R. II. Stowell, of Florence, Mass., who re-
cently opened a music store on Center street,
Northampton, reports an exceptionally good de-
mand for the Sonora and Columbia machines
and records.