Music Trade Review

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THE MUSIC TRADE REVIEW.
Influence of Music upon Animals.
fS-QNE of the greatest proofs of the intelligence
^53 and extreme sensibility of animals is their
immoderate passion for music, and the aid which
it often affords us in taming, subduing or moder-
ating their ferocl >us character ; resisting their
power or ardor, exciting their courage, develop-
ing their moral qualities and rendering them
more generous. The horse redoubles his im-
petuosity at the thrilling sound of martial music,
his eye glistens, his feet paw the earth ; he is
impatient of obedience to his master ; all afoam
he defits danger ; he achieves victory foaming,
neighing, puffing, nimble, agile, impatient.
Music which has redoubled his forces has
doubled his endurance.
Moreover, we have the example of elephants,
concerning which much has been gathered in
Paris and in London ; in the words of Pliny, of
Sultonius, of Plutarch, etc., besides many others.
In the public festivities of Rome we observe that
he was trained to execute dances and military
evolutions to the sound of music. In India
horses fill an important place in the royal
retinue, and have musicians assigned to their
service. The camel, one of the animals earliest
subjected to the service of man, learned to march
to the cadencies of song. We know the taste of
the dog for music. Buffon relates that he has
seen them leave their courtyard to listen to a
concert, and return afterwards to their kennels.
At the beginning of the Empire a certain dog
attended regularly the parade at the Tuileries,
and, taking his place between the knees of the
musicians, marched with them, halted with
them, and, after the review, disappeared, to re-
peat the manoeuvre the following day at the
same hour. Sometimes this dog was not always
so attentive, so silent, but howled if, perchance,
a musician blew a discordant note.
An angora cat, about six months old, took
great delight in sounding the notes of the piano.
The moment her mistress left it open she would
mount the instrument and pass and re-pass,
without ceasing, along the keyboard for hours
together, thus producing a jargon of discordant
sounds, to her great delight.
In some parts of Germany and of Tyrol the
hunters claim that they learn to attract the stag
and the deer by playing upon the flute. We
know with what pleasure birds, and above all
canary birds, listen to airs which delight them.
It is also said that reptiles and insects are sub-
dued by the same influences. The lizard, espe-
cially, has a great fondness for music. Upon
hearing a voice or an instrument he shows at
once by all his movements that the sensation is
agreeable; he turns sometimes upon his back,
sometimes upon his paunch, or on his side. But
he does not approve of all sorts of music ; he is
quite particular in his tastes; a harsh voice or
instrument displeases him. He likes a sweet
voice, a tender air and a moderate movement.
Some travelers assure us that they have sub-
dued the ferocity of the serpent by ringing a
bell, by the sound of a flageolet, or by softly
whistling. The same is said of many of the
redoubtable vipers of Martinique. Chateau-
briant, in the course of his journey to Upper
Canada, gives an account of having seen a ser-
pent that invaded his camp, made furious by
bells, became calm at the sound of a flute, and
even follow after the musician.
Of all insects the spider is the most sensitive
to music. It rapidly descends along its web and
advances to the point whence proceeds the sound
of instruments, there it will remain immovable
even for hours, until the music ceases. One is
familiar with the famous spider of Pellison.
It is unnecessery, however, to believe that
this passion is general with animals of the same
family; even those of the same species differ
widely in disposition, some having a real anti-
pathy for music which arouses their fury. Cer-
tain dogs become distracted, and howl upon
hearing the first sounds. It has the same effect
upon them as the sound of cannon, causing them
to slink away to their kennels and lie there quite
unsociable and discontented, as if experiencing
painful sensations, of which they preserve such
disagreeable remembrances as to commence to
bark should one touch a violin in their presence.
There is an account of a dog that died of grief
because he was forced for a long time to listen to
music that was repulsive to him. A parallel
example is found in the death of some other
animals attributable to the same cause. Pier-
quin has had occasion to observe the effect of
this antipathy upon a cat, even to bringing on
convulsions during the whole period that it was
made to hear selections from the operas sung
with piano accompaniments, whilst another cat
heard them with demonstrations of joy. Rich-
ard Mead informs us that owls have a very pro-
nounced aversion to music.
So far, anatomy is unable to throw any light
upon the antipathy of some, and the sympathy
of others, for music. We can only say it is a
curious fact for consideration and solution.
turned if policies were not issued on defendant's
application. The agent agreed to exchange the
notes with plaintiff for land if policies were
issued, and, after issuance thereof, the exchange
was effected. Held, that it was no defense to an
action on the notes that defendant was induced
by the agent to apply for a distribution policy
when he intended to apply for an endowment
policy, and that it was agreed that the notes
should not be used till the policies were de-
livered and found satisfactory; it not being
shown that plaintiff knew of such representa-
tions and understanding.
2. Though plaintiff was informed, at the time
the exchange was being negotiated, that the
notes were made for policies which might, or
might not, be issued, it was sufficient that, on
consummating the exchange, he inquired if the
policies had been issued, and whether the com-
pany owned the notes. It not being incumbent
on him to inquire into the details of the trans-
action between plaintiff and the company's
agent.
Donovan v. Fox, Supreme Court of Missouri,
Division No. i, March 24th, 1894.
RECENT LEGAL
DECISIONS.
Fall Term begins September 10th.
SCHARWENKA CONSERVATORY OF MUSIC
o. 3 ; EAST 08th ST., NEW YORK.
Under the Management of EMIL GRAMM.
Examinations daily from September 3 : 10 to 12 and 3 to 5.
Students can enter at any time.
Write for Catalogue and particulars.
[PREPARED roR THE MUSIC TRADE REVIEW.]
CONSTRUCTION O F CONTRACT—ACTION
FOR
CANCELLATION.
1. A certain contract construed.
2. When one has executed a contract, the bare
fact that he did not read it or know its contents
will not relieve him from it.
3. When one brings an action to cancel a con-
tract, on the sole ground that the other party
has refused to perform it, he must stand on the
contract as he executed it.
Quimby et al. v, Shearer etal., Supreme Court
of Minnesota, February 17th, 1894.
PARTNERSHIP—ACCOUNTING—BILL
CHARGE AND FALSIFY.
IT IS A FACT
1
THE -*
TO SUR-
1. Where partners make a settlement and
division of their affairs, subject to correction for
errors committed, the settlement is final, and a
bill to enforce such correction is one to surcharge
and falsify, which must clearly allege the par-
ticular mistakes' relied on, and be sustained by
clear proof.
2. There is no such fiduciary relation between
partners as to make a settlement between them
any less binding than those of other people.
3. When, after a careful taking of stock, and
a deliberate accounting, aided by an expert,
partners have made a settlement of their affairs,
each being a capable business man and having
no confidence in the other, the court will require
strong proof to surcharge and falsify for mis-
take in such important matters as the amount
of capital put in by one partner, and the calcu-
lation of the price on one line of the stock in
trade, taken by him in the settlement.
4. Where the partnership agreement provides
that the partner putting in the bulk of the cap-
ital shall receive interest thereon till final
settlement, his subsequent withdrawals of capital
should not affect his right to interest on his
original amount, unless there be a clear want of
equity in the matter.
Scheur v. Berringer, Supreme Court of Ala-
bama, January 17th, 1894.
ACTION ON NOTES—DEFENSES—BONA
HOLDERS.
FIDE
1. Defendant gave negotiable notes to a life
insurance company's agent, the notes to be re-
PIANO
MERITS YOUR NOTICE
The...
KRELL
PIANO.
GEORGE C. CRANE,
97 Fifth Ave., cor. 17th St., New York.
EASTERN REPRESENTATIVE OF
T H E KRELL PIANO CO.,
Manufacturer* of Strictly Firut-Clan* Grand A Upright Pianos,
C I N C I N N A T I , O.
Reliable Agents Wanted in all Eastern Cities.