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THE MUSIC TRADE REVIEW
AEOLIAN CO. WINS SUIT
(Continued from page 5)
normally 9perative to push the music sheet roll to the
right, which normally operative force is opposed by
superior force, the deflection of the left hand bellows of
the actuating pneumatic, the normally operative force and
the actuating pneumatic force opposed to each other.
When the music sheet floats in space, being normally
impelled to the right by the action of the spring, it is
pushed to the left by the actuating pneumatic when called
into operation. The appellee's device then arranges a mov-
able part bearing against the edge of the music sheet and
carrying the pneumatic valve for governing the opera-
tion of the actuating pneumatic. The part bearing against
the edge of the music sheet and movable laterally thereby
comprises a pivoted lever having a surface against which
the left hand edge of the music sheet rubs. This lever
carries the pneumatic valve at its inner end and the light
spring is arranged to pull the pneumatic valve toward its
seat. Pneumatic actions are arranged between the valve
and the actuating pneumatic. The parts are combined so
that when the music sheet is too far to tUe right the
pneumatic valve is pulled toward its seat and the operative
pneumatic suction is connected to the left hand bellows of
the actuating pneumatic; thus, the same result is obtained
as provided for in the Thomson patent.
In appellee's apparatus only one relay is employed in
the connection between the pneumatic and other actuating
parts, while the Thomson employs two relays in the con-
nection between the pneumatic valve and. the actuatin
ting
pneumatic. A relay is a mechanism employed when desi ired
in pneumatic connections to amplify the action so that a
small gust of air is amplified up into a larger gust. The
relays are added parts increasing the efficiency of the oper-
ation. There is a slight oscillating or wavering of the
music sheet when it is traveling in correct position on the
tracker. It is about one two-hundredths of an inch, as
testified to; it is variously estimated as from one one-
hund-red-and-twenty-fifth to one two-hundredth-and-fiftieth
of an inch. It is so slight as to be immaterial because it
is much less than the bridge between the apertures and the
tracker, which is usually one-fiftieth of an inch. Whether
or not the relays are used is merely a matter of manufac-
ture. The appellant used the Thomson device with and
without them. With the use of relays a quicker action
is obtained, and the cost of the relay is about from fifty
cents to a dollar.
We do not think a proper comparison between two
devices involves the degree of trembling or wavering of
the music sheet when traveling correctly in normal posi-
tion. The proper comparison is between the devices when
each functions to adjust the traveling music sheet to cor-
rect a sidewise deflection. To attempt to distinguish the
devices as the appellee does, by calling the operation of
the appellant's device that of the law of tlie pendulum,
and that of the appellee's the law of the bkeding port, based
upon the immaterial trembling balance in Thomson's device,
we do not think sound. The test is whether the appellee's
apparatus employs the combinations which Thomson has
invented.
We think that claims 1, 2 and 3 have been infringed and
that the parts specified in these claims are identical in
appellee's devices and operate the same way to produce
the same result. We are of. the opinion that Thomson
was the first to grasp the idea that edge control could
be used to music sheet and that such control could be made
from the one edge only. His invention is not anticipated
by the O'Connor patent, but is an improvement thereon
and is entitled to make its place in the art under all rules
of fair construction. We are of the opinion that the ap-
pellant is not guilty of laches and may maintain this suit
as late as May, 1916, at a period of some four or five
years after the appellee placed its device complained of on
the market. There is no rule of law that requires a
patentee to sue infringers upon all the patents he owns at
the same time, or that deprives him of equitable relief if he
delays his suit for the period specified here. (Ide. vs.
Trorlicht, 115 Fed. Rep. 137; Edison & Co. vs. Sawyer &
Co., 53 Fed. Rep. 592.)
Judgment reversed.
1919
STAMP PLAN MEETING WITH GREAT SUCCESS EVERYWHERE
Secretary Dennis Reports That Piano Merchants in Every Section Are Enthusiastically Backing
Up the Project to Raise Funds for the Advancement of Music—Talking Machine Men Interested
The early response from piano dealers
throughout the United States is practically
unanimous in favor of paying 25 cents per
piano for the Merchants' "'official stamp" for
the advancement of music, according to reports
from the office of Secretary C. L. Dennis, of
the National Association of Music Merchants,
432 Broadway, Milwaukee, Wis.
"It seems as though everything is working
in our favor to make the contribution stamp
plan an overwhelming success," writes Mr. Den-
nis. 'We were barely able to fill the orders of
the first manufacturers who wanted stamps for
their pianos for early July shipment and we
are still on the jump to keep up with the early
rush. It was not until Monday, June 30, that
1 was able to ship stamps to Herbert Hill, and
then just enough to fill the orders he had in
the New York office, 105 West Fortieth street,
before July 4. He is now fully supplied with
stamps and we are both able to fill all orders
promptly.
Dealer Response Enthusiastic
"The next step in our work was to inform
dealers throughout the country that the stamp
item would appear on manufacturers' invoices
beginning July 1.
"To do this we thought it best to supplement
the splendid publicity work of the trade papers
with a thorough mailing to the most accurate
list of piano merchants we could secure. We
sent out a registered letter, with complete litera-
ture, to all piano dealers listed as such by the
financial rating agencies, together with a return
stamped post card for them to send back to
my office, agreeing to pay 25 cents on each
piano bearing the merchants' 'official stamp' as
billed on manufacturers' invoices.
"The returns to date are almost unanimously
in favor of the plan. In my whole experience
in advertising and sales work 1 never saw an
idea so completely sold to an entire trade as this
one appears to be. The one or two unfavorable
responses are obviously from people who have
not taken the trouble to study the plan and
The Ecklund Bros. Music House, Everett, digest the big idea behind it. 1 do not antici-
Wash., has taken over the entire sheet miis ; c aiu' pate any great trouble in getting both manufac-
string instrument department of the Hanks turers and dealers to make the vote unanimous.
Excellent Support by Boosters
Piano Co. and has greatly enlarged its quarters.
"The wonderful results to date are due to the
splendid co-operation of the men who have
the welfare of the music industry at heart.
CHARACTER
President Conroy has left no stone unturned to
"Admirable Quality; Acknowledged Reputation"
bring the plan he proposed to a successful con-
—(Standard Dtctiona'y)
clusion. We have had the cordial support of
the manufacturers, the travelers, the trade
papers, and 1 have yet to hear of a real sincere
'conscientious objector.'
"President Gibson and Secretary Hill, of the
Manufacturers' Association; President Mahan,
of the Travelers', President Aldcroftt and Gen-
eral Manager Geo. W. Pound, of the Chamber
of Commerce, and every other officer to whom
Manufactured by
we have appealed for co-operation have given
their best efforts to carry the stamp's 'message
of music' into every nook and corner of the
industry.
and
"Our own officers in the Merchants' Associa-
tion, including State and city commissioners, are
doing their utmost, and I think we will have no
trouble in getting the idea across with the retail
trade.
have for 33 years
"A new factor in our work this year will be a
justified their right
traveling commissioner organization, which
to be called
President Conroy and I got under way following
the Chicago conventions. This is not ripe yet for
formal announcement, but it promises to be one
of the vital moves in this year's work.
Manufacturers' Honor Roll Grows
FACTORIES
"The manufacturers' honor roll, which con-
North Milwaukee, Wis.
Chicago, 111.
tained thirty-odd names of leading manufactur-
ers in the first report given out last week, has
OFFICE
been substantially increased and by the middle
1872 Clybourn Avenue
Chicago, 111.
of July I expect to have the plan in complete
operation. We had a few days' delay in getting
PIANOS
JULY 12,
our electrotypes for the stamps and the serial
numbering has progressed slowly, but everything
is now in full swing. Orders for stamps are
being filled as fast as they are received. Follow-
ing are the names of manufacturers on the
honor roll, with orders still coming in every
mail: Julius Bauer & Co., Chicago, 111.; J. P.
Sceburg Piano Co., Chicago, 111.; Vose & Sons,
Boston, Mass.; Edmund Gram, Milwaukee, Wis.;
P. S. Wick Co., No. St. Paul, Minn.; W. W.
Kimball, Chicago, 111.; the Aeolian Co., New
York; the Bogart Piano Co., New York; Cable
& Sons, New York; Haddorff Piano Co., Rock-
ford, 111.; Jewett Piano Co., Boston, Mass.;
Chas. M. Stieff, Inc., Baltimore, Md.; Bush &
Lane Piano Co., Holland, Mich.; Farrand
Piano Co., Holland, Mich.; Paul G. Mehlin &
Sons, New York; International Piano Mfg. Co.,
Kail River, Mass.; Ludwig & Co., New York;
Sterling Co., Derby, Conn.; Weaver Piano Co.,
York, Pa.; Mansfield Piano Co., New York; H.
Gabler & Bro., New York; F. G. Smith, Inc.,
New York; B. H. Janssen, New York; Kroeger
Piano Co., New York; Poole Piano Co., Boston,
Mass.; A. M. McPhail Piano Co., Boston, Mass.;
Laffargue Co., New York; Wm. Knabe & Co.,
New York; Behning Piano Co., New York; Bush
& Gerts Piano Co., Chicago, 111.; Lyon & Healy,
Chicago, 111.
Talking Machine Men Want Stamps
"Our list is growing also of dealers who want
stamps for pianos already in stock. It appears
that the live wires in the retail field are alert
to the selling advantages of the "official stamp'
on pianos already on the floor.
"Another gratifying development of the first
week of operation is the order of Talking Ma-
chine Men, Inc., of New York, New Jersey and
Connecticut, for 200 stamps to place on talking
machines.
"The idea of having stamps for the advance-
ment of music on phonographs as well as pianos
was touched upon during our Chicago confer-
ences, but we thought it was premature to try
to extend the plan to the phonograph field at
this time. The voluntary interest of a live F.ast-
ern association of talking machine men indicates
a spontaneous development in the phonograph
field generally. Secretary E. G. Brown, of
Bayonne, N. J., has promised to bring the mat-
ter actively before the regular meeting of Talk-
ing Machine Men, Inc., on July 10."
STAMPS GO ON PIANOS
Several inquiries about the placing of the
merchants' "official stamp" on pianos in-
dicate possible misunderstandings. The
piac.ng of the stamps on the pianos has
been left to the discretion of manufac-
tu.eij, but it is generally understood that
they will appear on the backs of upright
pianos or underneath the top lid, and in-
side rim or on plate of grand pianos.
Smith, Barnes
Strohber Co.
Pianos of Character
lajTCSt
BUTLER.