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THE MUSIC TRADE REVIEW.
T
HE employer who conducts his business
on the theory that it doesn't pay, and
he can't afford to advertise, sets up his
judgment in opposition to all the best busi-
ness men in the world. With a few years'
experience in conducting a small business
on a few thousand dollars of capital, he as-
sumes to know more than thousands of busi-
ness men whose hourly transactions aggre-
gate more than his do in a year, and who
have made their millions by pursuing a
course that he says does not pay. Such talk
in the year 1895 may well be considered
ridiculous, and it requires more than the
average patience to discuss the proposition
of whether advertising pays or not. His
complacent self-conceit in assuming that he
knows more than the whole business world
is laughable, and reminds us of the man
who proved the world doesn't revolve by
placing a pumpkin on a stump and watch-
ing it all night, basing his calculations on
the result. If advertising doesn't pay, why
is it that the most successful business men
believe in it ?
• . < . , .
* *
*
" I dreamed the other night," said the
Chicago drummer, in a crowd composed of
several St. Louis men, "that I had died and
gone to blazes.
It was like a city, and as
I walked around hunting a soda fountain,
it became more familiar, and I began to feel
that I had been there before or had seen the
place somewhere in my travels. At last I
met a man who seemed to be pretty much
in the same fix as I was, and I spoke to him.
" 'Stranger here?' says I.
" 'Just got in,' says he.
" 'By the way, 1 says I, "this place looks
mighty familiar to me.'
" 'Me, too,' says he; 'it looks exactly like
St. Louis, and if it was a little bit warmer
I'd swear it was St. Louis;' "and the fact,"
continued the drummer, "struck me so for.
cibly that I awoke."
*
A reader asks me when and by whom the
tune "Old Hundred" was written, also how
old, and lastly why it was so called. The
name of the author or composer of the tune
which we know as "Old Hundred" is un-
known. The tune, it seems, first appeared
in the Genevan psalter. It was the melody
adapted to Beza's version of Psalm cxxxiv,
included in the first installment of psalms,
thirty-four in number, added by him to the
Genevan psalter in 1551.
No copy of that
psalter, containing the tunes to these
psalms, is known of earlier date than 1554,
but there is little doubt that they were
added to the psalms, either at the time of
the publication of the latter or in 1552,
when Bourgeois was musical editor of the
Genevan psalter. To Bourgeois, therefore,
if to any one, the tune in its present form
may be ascribed, but how far it is original
is uncertain.
The greater part of the
melodies in the Genevan psalter are known
to be adaptations of secular tunes of the
time, and the "Old Hundredth" is, no
doubt, one of the number. The name,
"Old Hundredth," is peculiar to England.
The psalm was originally known as the
"Hundredth," but after the appearance of
the new version by Brady and Tatein 1696,
the word "Old" was added to the titles of
the tunes continued in use from the preced-
ing psalter of Sternhold and Hopkins, to
which no special names had been given.
*
There's a piano up the State that is surely
winning its way to trade and public recog-
nition. I am not surprised at the "place"
it is creating, as it bears out in detail all
that has been written about it. I refer to
the Malcolm Love piano, made at Water-
loo, N. Y.
* *
*
One of the younger men in the trade who
is winning his spurs is "Jack" Kuehl.
His position at Steinway Hall has brought
him into close relations with the leading
artists, with whom he is a decided favorite.
Aside from being a clever salesman he has
developed good managerial ability in the
way of entertainments.
He has managed
some of the "evenings" attheGarrick Club,
of which he is a member, in a manner
that has reflected no small degree of credit
upon himself.
* *
Quite a funny occurrence.
A New
York trade editor waxed very wroth over
what he termed was an intentional in-
sult to one of his staff—"an insult which was
unquestionably due to an error in the proof
reading of the young man's name. In the
same paper, after calling down all the pent
up vials of wrath on the head of the Chi-
cago editor, he turns around and in refer-
ring to the young man, commits the same
error in his name for which he called the
other fellow a "blackguard." Moral—All
errors in proof-reading are not intentional.
* *
Miss Estelle Clayton is a born press agent.
Having exhausted every legitimate means
of announcing that her comic opera is soon
to be produced by the Actor's Fund, Miss
Clayton turns the news of the day to her
own advantage after this wise:
"The music of 'The Viking' was written
by the late Edward Irving Darling, the
discussion of whose possible fate by poison-
ing has recently been in the newspapers.
"Miss Estelle Clayton, who wrote the
book of the opera and knew Mr. Darling
very well, is upon terms of intimate ac-
quaintance with all the parties to the dis-
cussion.
"She knows the accusing mother and ac-
cused widow equally well, and has visited
both in New York city and Detroit. She,
however, has no knowledge of the circum-
stances upon which the mother's charges
are based, and cannot, therefore, talk about
the matter, except to say in a general way
that both women are pleasant and valuable
acquaintances and to regret the scandal."
RECENT LEGAL
DECISIONS.
[PREPARE]) FOR THE MUSIC TRADE REVIEW.]
EVIDENCE—ACCOUNT
BOOKS—PRELIMIN-
ARY PROOF. — 1. The determination of the
trial court as to the insufficiency of the pre-
liminary proof necessary for the introduc-
tion of any documentary evidence will not
be disturbed if there has been no abuse of
discretion.
2. The mere fact that defendant's book-
keeper manipulated its books in order to
defraud it, does not, of itself, necessitate a-
reversal of the lower court's ruling that
they were sufficiently correct to be used in
evidence against plaintiff.
Webster vs. San Pedro Lumber Co., No.
19,273, Supreme Court of California.
SET-OFF—WHEN
ALLOWABLE—-ASSIGNED
CLAIMS. — 1. Civ. Code, S 1,459, provides
that the assignee of a non-negotiable writ-
ten contract for money takes it subject to
all defenses existing in the favor of the
maker at the time of the indorsement. Code
Civ. Proc. S 368, provides that in the case
of an assignment of a thing in action, the
action by the assignee is without prejudice
to any set-off existing at the time of or be-
fore notice of the assignment.
Held, that
the one section is merely an enlargement of
the other, and that a defendant may avail
himself of a set-off acquired before notice
of assignment.
2. "Set-off," as used in section 368, ap-
plies to demands independent in their
nature and origin, and not arising out of
the note or contract sued on.
3. To constitute a "set-off existing at the
time of or before notice of the assignment"
of the chose in action, within the meaning
of Code Civ. Proc, £ 368, the set-off need
not be actually due at the time of such no-
tice.
St. Louis Nat. Bank vs. Gay (No. 19,202).
Supreme Court of California.
W. H. LEHMAN, manager of the Estey &
Camp branch house at Des Moines, la., has
renewed the lease of the building for ten
years.
'"HE Musicians' National Union have be-
come affiliated with the American Federa-
tion of Labor. They have over 12,000 ac-
tive members on their books.
THE Mason & Hamlin Co., Boston, have
relinquished the ^ o l i a n agency.
P. J. GILDEMEESTER, of
Gildemcester &
Kroeger, is fully recovered from his attack
of the grip.
STEVE J. OWEN, music trade dealer, at
Lancaster, Pa., has removed from North
Queen street to 9-11 West King street,
where he has larger and more inviting
quarters.