Music Trade Review
Issue: 1899 Vol. 29 N. 25 - Page 7
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V O L . XXiX. No. 2 5 .
Published Every Saturday by Edward Lyman Bill at 3 East Fourteenth Street. New York, Dec. 16,1899.
American Graphophone Co. Win
IN THREE SUITS NO ONE CAN MAKE, USE OR
SELL ANY DUPLICATE ENGRAVED SOUND
RECORDS WITHOUT PERMISSION
OF THIS COMPANY.
The right to make and sell records for
talking machines was the point involved in
three suits just decided by the United
States judges. One important effect of the
decisions is that no one can make, use, or
sell any duplicate engraved sound records
without the permission of the American
Graphophone Co. The decision has just
been rendered in two cases pending before
the United States Circuit Court for the
District of New Jersey, and in one case be-
fore the United States Circuit Court for the
Eastern District of Pennsylvania. The
final decrees entered in these cases dispose
of the only suits pending that involve m
any way the validity of the Graphophone
patents. The two New Jersey suits were
brought against the United States Phono-
graph Co. et al., by the American Grapho-
phone Co., and were based on the original
Graphophone patents. The alleged in-
fringement consists of the manufacture,
use and sale of duplicates of sound records
and the use of duplicating machines.
These suits have been pending for nearly
two years, during which time both sides
have taken voluminous testimony, the de-
fendants exhausting every resource to se-
cure evidence that might invalidate the
Graphophone patents. The decrees signed
by Judge Kirkpatrick adjudged that the
Graphophone Co. is exclusive owner of
them and that the defendants have in-
fringed them. The defendants are forever
enjoined from infringing the patents. A
similar case pending against Thomas E.
Challenger in the United States Circuit
Court for the Eastern District of Pennsyl-
vania has been decided by a final decree
like those against the United States Phono-
graph Co.
A Dolgeville Incorporation.
The Campion Piano Case Co., of Dolge-
ville, was granted a certificate of incorpor-
ation in this State on Dec. 13, to do a gen-
eral business in the manufacture of piano
cases, with a capital of $25,000. Directors:
James Campion and Edward Hain, of New
York City; C. T. Amann, Alphonse Hein-
drich and G. W. Ward, Dolgeville.
Sol Grollman, the stool and scarf man
of Chicago, continues to break all records.
His trade for November was the best since
he opened up his business.
fa.oo PER YEAR.
SINGLE COPIES 10 CENTS
Mr. Davis says, owing to the strike in
the piano factories and the consequent
BOARD OF TRADE WILL ENJOIN TRUNK LINE
rise in the wholesale cost of pianos, makes
ASSOCIATION APPEAL TO COMMERCE
it impractical for him to do business, and
COMMISSION NEW SCALE WOULD
he decided to quit while he can pay up. It
RAISE SHIPPING RATES FROM
TWENTY TO FORTY-FIVE
is not known at this writing what disposi-
PER CENT.
tion will be made of the large stock. The
It was decided yesterday by the New- instruments may be shipped back to the
York Board of Trade to enjoin the Trunk- factories. Mr. Davis is an estimable gen-
Line Association from putting into ef- tleman, and has made many business and
fect the reclassification of merchandise by social friends, and we regret that it seems
which shipping rates throughout the coun- impractical for him to go on in business.
try were to have been raised on many im-
portant lines of merchandise.
Krell Colonial Creation.
The new classification is to operate on
One of the prettiest piano creations in
and after Jan. 1, unless sufficient pressure
can be brought to bear on the Trunk-Line colonial design that has been placed on the
Association to cause the abandonment of market in many a day is style F, made by
the new schedule. Shippers throughout the Krell Piano Co. and pictured elsewhere
the country are alarmed at the present in their advertisement in this issue. The
prospect. An advance of from 20 to 45 general scheme of architecture is strikingly
per cent, in the shipping rates is contem- neat and pleasing, while its individual
plated. The new classification will affect characteristics are emphasized especially in
its tone, which is remarkably large in vol-
about 500 items.
The reasons given why the new classi- ume and fine in quality for an instrument
fication should not be allowed were as of such dimensions. This Krell Colonial
has been well termed "the little giant" and
follows:
1. It may be a violation of the Inter- for small rooms, apartments and studios, it
state Commerce law in that the present will be found of especial attractiveness and
classification has been current for a series marked utility. In 'this instrument are
of years and has therefore become es- embodied all the especial patents and im-
proved ideas which have made the Krell
tablished.
2. The rates of freight at present are products so widely esteemed.
The position of the Krell Co. 's business
reasonably compensative.
3. A classification long established and to-day can be attributed to their persistent
satisfactory to both shippers and carriers labors to improve—to work along original
should not be changed without conclusive lines in the department of designing and
tonal development. Every style put out
testimony to justify such action.
4. The nature of the changes makes an by this firm is an improvement on that
advance over former rates of 20 to 30 per which preceded it, and this evolutionary
cent, on car shipments and 40 to 45 per policy has been received by the trade at
cent, on small lots, and is so radical as to large with every tribute of approval and
cause a disturbance of trade relations and support. It is expressed in the most prac-
will materially restrict the area of distribu- tical manner by dealers who are selling
tion of our business both at home and in Krell pianos and placing orders in large
numbers for immediate delivery.
foreign countries.
As a consequence the Krell factory is
The Committee on Railroad Transporta-
tion of the Board of Trade proposes to in- working every night until ten o'clock and
vestigate contemplated changes, and if it the orders on hand predicate a continuance
finds them objectionable to ask the Inter- of this situation for some time to come.
state Commerce commission to take action. Big shipments are being made almost every
day. One of the largest shipments which
has
left the city for some time will be that
Davis Transfers Stock to Trus-
of
two
hundred pianos which will leave the
tee.
Krell
factory
probably late this week. The
[Special to The Review.]
train
conveying
them will be suitably
Louisville, Ky., Dec. 12, 1899.
placarded
with
signs
and no doubt will
J. Bart Davis, doing business in pianos
afford
very
telling
testimony
of the activity
and organs at 206 Market street, has trans-
of
the
Krell
factory
as
well
as
the prosper-
ferred his entire stock to a trustee for fac-
ity
of
the
piano
industry
at
large.
tory creditors.
Shippers to Fight Rates.
V O L . XXiX. No. 2 5 .
Published Every Saturday by Edward Lyman Bill at 3 East Fourteenth Street. New York, Dec. 16,1899.
American Graphophone Co. Win
IN THREE SUITS NO ONE CAN MAKE, USE OR
SELL ANY DUPLICATE ENGRAVED SOUND
RECORDS WITHOUT PERMISSION
OF THIS COMPANY.
The right to make and sell records for
talking machines was the point involved in
three suits just decided by the United
States judges. One important effect of the
decisions is that no one can make, use, or
sell any duplicate engraved sound records
without the permission of the American
Graphophone Co. The decision has just
been rendered in two cases pending before
the United States Circuit Court for the
District of New Jersey, and in one case be-
fore the United States Circuit Court for the
Eastern District of Pennsylvania. The
final decrees entered in these cases dispose
of the only suits pending that involve m
any way the validity of the Graphophone
patents. The two New Jersey suits were
brought against the United States Phono-
graph Co. et al., by the American Grapho-
phone Co., and were based on the original
Graphophone patents. The alleged in-
fringement consists of the manufacture,
use and sale of duplicates of sound records
and the use of duplicating machines.
These suits have been pending for nearly
two years, during which time both sides
have taken voluminous testimony, the de-
fendants exhausting every resource to se-
cure evidence that might invalidate the
Graphophone patents. The decrees signed
by Judge Kirkpatrick adjudged that the
Graphophone Co. is exclusive owner of
them and that the defendants have in-
fringed them. The defendants are forever
enjoined from infringing the patents. A
similar case pending against Thomas E.
Challenger in the United States Circuit
Court for the Eastern District of Pennsyl-
vania has been decided by a final decree
like those against the United States Phono-
graph Co.
A Dolgeville Incorporation.
The Campion Piano Case Co., of Dolge-
ville, was granted a certificate of incorpor-
ation in this State on Dec. 13, to do a gen-
eral business in the manufacture of piano
cases, with a capital of $25,000. Directors:
James Campion and Edward Hain, of New
York City; C. T. Amann, Alphonse Hein-
drich and G. W. Ward, Dolgeville.
Sol Grollman, the stool and scarf man
of Chicago, continues to break all records.
His trade for November was the best since
he opened up his business.
fa.oo PER YEAR.
SINGLE COPIES 10 CENTS
Mr. Davis says, owing to the strike in
the piano factories and the consequent
BOARD OF TRADE WILL ENJOIN TRUNK LINE
rise in the wholesale cost of pianos, makes
ASSOCIATION APPEAL TO COMMERCE
it impractical for him to do business, and
COMMISSION NEW SCALE WOULD
he decided to quit while he can pay up. It
RAISE SHIPPING RATES FROM
TWENTY TO FORTY-FIVE
is not known at this writing what disposi-
PER CENT.
tion will be made of the large stock. The
It was decided yesterday by the New- instruments may be shipped back to the
York Board of Trade to enjoin the Trunk- factories. Mr. Davis is an estimable gen-
Line Association from putting into ef- tleman, and has made many business and
fect the reclassification of merchandise by social friends, and we regret that it seems
which shipping rates throughout the coun- impractical for him to go on in business.
try were to have been raised on many im-
portant lines of merchandise.
Krell Colonial Creation.
The new classification is to operate on
One of the prettiest piano creations in
and after Jan. 1, unless sufficient pressure
can be brought to bear on the Trunk-Line colonial design that has been placed on the
Association to cause the abandonment of market in many a day is style F, made by
the new schedule. Shippers throughout the Krell Piano Co. and pictured elsewhere
the country are alarmed at the present in their advertisement in this issue. The
prospect. An advance of from 20 to 45 general scheme of architecture is strikingly
per cent, in the shipping rates is contem- neat and pleasing, while its individual
plated. The new classification will affect characteristics are emphasized especially in
its tone, which is remarkably large in vol-
about 500 items.
The reasons given why the new classi- ume and fine in quality for an instrument
fication should not be allowed were as of such dimensions. This Krell Colonial
has been well termed "the little giant" and
follows:
1. It may be a violation of the Inter- for small rooms, apartments and studios, it
state Commerce law in that the present will be found of especial attractiveness and
classification has been current for a series marked utility. In 'this instrument are
of years and has therefore become es- embodied all the especial patents and im-
proved ideas which have made the Krell
tablished.
2. The rates of freight at present are products so widely esteemed.
The position of the Krell Co. 's business
reasonably compensative.
3. A classification long established and to-day can be attributed to their persistent
satisfactory to both shippers and carriers labors to improve—to work along original
should not be changed without conclusive lines in the department of designing and
tonal development. Every style put out
testimony to justify such action.
4. The nature of the changes makes an by this firm is an improvement on that
advance over former rates of 20 to 30 per which preceded it, and this evolutionary
cent, on car shipments and 40 to 45 per policy has been received by the trade at
cent, on small lots, and is so radical as to large with every tribute of approval and
cause a disturbance of trade relations and support. It is expressed in the most prac-
will materially restrict the area of distribu- tical manner by dealers who are selling
tion of our business both at home and in Krell pianos and placing orders in large
numbers for immediate delivery.
foreign countries.
As a consequence the Krell factory is
The Committee on Railroad Transporta-
tion of the Board of Trade proposes to in- working every night until ten o'clock and
vestigate contemplated changes, and if it the orders on hand predicate a continuance
finds them objectionable to ask the Inter- of this situation for some time to come.
state Commerce commission to take action. Big shipments are being made almost every
day. One of the largest shipments which
has
left the city for some time will be that
Davis Transfers Stock to Trus-
of
two
hundred pianos which will leave the
tee.
Krell
factory
probably late this week. The
[Special to The Review.]
train
conveying
them will be suitably
Louisville, Ky., Dec. 12, 1899.
placarded
with
signs
and no doubt will
J. Bart Davis, doing business in pianos
afford
very
telling
testimony
of the activity
and organs at 206 Market street, has trans-
of
the
Krell
factory
as
well
as
the prosper-
ferred his entire stock to a trustee for fac-
ity
of
the
piano
industry
at
large.
tory creditors.
Shippers to Fight Rates.
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