Music Trade Review

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THE
MUSIC TRADE
There has been recently some important judicial decisions at-
tacking the legality of contracts limiting employment to members
of trade unions. The closed shop through these decisions is re-
ceiving a very severe blow.
T
HE opinion of the judges is to tht effect that contracts of this
kind tend to create a monopoly. It seems more than pass-
ing strange that in this respect eminent members of the judiciary
should place labor organizations in precisely the same positions of
trades which tend towards creating a monopoly. Judge Ludwig,
in a local court at Milwaukee, on July 13, rendered the decision in a
suit brought by the Milwaukee Custom Tailors' Union against a
firm which had made an agreement with the dealers to employ none
but union workmen. A temporary injunction had been obtained in
favor of the union, which Judge Ludwig rules was improperly is-
sued. After the injunction had been issued, the union instituted
proceedings to have the firm punished for contempt for the alleged
failure to comply with the terms of the injunction. Not only was
the injunction set aside, thus denying the motion to punish, but the
decision went further, holding that contracts requiring the employ-
ment of none but union labor are void. The judge asserts that this
is not only class discrimination but such agreements strike at the
right of contract both on the part of the laborer and employer.
He says: "The agreements in question would tend to create a
monopoly in favor of the members of the different unions to the
exclusion of workmen not members of such unions and are in this
respect unlawful. Contracts tending to create a monopoly are void."
T
H I S case will probably be appealed to tne Wisconsin Supreme
Court. It would appear likely thai the decision will be sus-
tained, as it is in line with the position now taken by other courts
on a question of this character. Quite recently Judge Adams, of
the Illinois Appellate Court, rendered a decision of similar import.
In fact, Judge Ludwig uses language in his decision almost identical
with that of Judge Adams.
I
N this connection it is interesting to note that the attempt by
American trades unions to force the closed shop in almost every
branch in which labor is organized is radically different from the
methods followed by trade unions in England. This question of
the closed shop was long since quite thoroughly thrashed out in
that country, in which the union movement is much older and has
therefore passed through long periods of trials and severe tests.
The English organizations are undoubtedly much more complete
and are therefore stronger than most of the unions in this country.
They now rely upon the control of the greater part of the labor in
the different industries and the practical demonstration of the event-
ful advantage of unions to workmen rather than upon efforts to
force all workmen to unite with them.
T
HEY believe that it is better to depend upon moral suasion in
bringing non-unionists to their way of thinking. In the last
Monthly Review of the National Civic Federation answers are given
by the secretaries of a number of the principal labor organizations of
England to requests for information relative to the position taken by
such unions upon the question of the open or closed shop. These
answers invariably show conservatism on the part of the English
unions. One answer is particularly noteworthy. The officer of the
Associated Iron and Steel Workers who replies for that organiza-
tion says that the policy of the open shop has existed in their branch
of trade for 50 years. The effect, however, of the method thus
pursued has been to strengthen the union. At some works prac-
tically all the men now belong to the union, while at others a part of
them belong, In varying proportions. The non-union men are ig-
nored, having no voice in settling the terms of employment, but are
expected to abide by them. It is stated that where they do not,
the employers unusually dispense with their services, preferring to
deal with the organization and have the agreements apply to all their
workmen.
T
H E English trade unionists state that the restrictive methods
now being pursued by unions in this country are similar to
those employed in England 25 to 50 years ago. It would seem that
the costly struggle through which the American unions are now
passing is one which would have been avoided if the proper lesson
had been gathered from the experience of their foreign brethren.
The American union leaders have been of the opinion that they could
force the absolute domination of their organizations on the various
REVIEW
industries and thus speedily bring about the millennium of organized
labor which has been the dream of all those who have risen to such
leadership. Their unreasonable efforts in this direction have, how-
ever, simply led to the counter organization of employers' associa-
tions, now assuming such formidable proportions. It would have
been far better for the unions to have been liberal regarding the open
shop, trusting to influencing non-union men by educational methods.
The union propaganda has lost prestige in the efforts which have
been made to force the issue. The open shop is henceforth more
likely to prevail in industrial operations generally, than the closed
shop which the union leaders have been so anxious to bring about.
They have only themselves to blame for getting the question into
such shape that the courts are now giving it attention.
T present the indications are that the influence of the campaign
on business will be less than for many years past. It is prob-
able that the country will not be turned into a seething caldron of
agitated discussion as it has been in campaigns of days agone. Of
course there will be some warming up in the fall, but the business
interests of the country will not be seriously interrupted.
There is no good reason why pi mo merchants shouldn't go ahead
with reasonable certainty, and make their plans for early business.
A
W
E have reached the last week in July and in order to get in
bright piano stock it is well to place the order now. There
should be no delay because delay may mean business disappoint-
ment. We know plenty of good level headed dealers who have
already safely discounted the election and have placed orders for
early fall shipment. They propose to be in prime condition to
grapple with the early prospects.
The time to prepare for fall business is now, and not to delay
until cool weather is here, because it is probable the piano manu-
facturers may not be in a position to ship the instruments as quickly
as all of their customers may desire. The men who place orders
early will come first in line when shipments are made.
P R O M I N E N T Western piano salesman who has been spend-
ing some time in the East remarked to The Review that he
was surprised to see the difference between Eastern and Western
salesroom methods. He had not previously been East before for
more than a decade, and reaffirmed that Eastern dealers did not
adopt the persistent methods so well known to the Western piano
man. He continued: "I was visiting a wareroom on Fifth avenue,
and a gentleman came in, priced a certain piano, seemed interested,
was what we would term, 'a good thing,' and walked out without
even the salesman making a record of his name or address.
"Now, such a thing could not have occurred in our country. It
would be a sufficient cause for a discharge for one of my salesmen to
pass such a caller in such an indifferent way. We would have
had a salesman at his door the next morning, the next night, and
before the week was over a salesman would have made the personal
acquaintance of every member of the family, and we would have had
an instrument in that house or it would have been a mighty good
reason that would have prevented it. 1 believe if a few of our
Western methods were transplanted here in New York with your
four millions of people, it would be found to be one of the richest
piano mines on earth." Worth thinking over, is it not?
A
GREAT may owners of trade-marks have recently been need-
lessly alarmed regarding their proper rights therein by tin 1
circulation of erroneous and misleading statements concerning the
effect of a decision of the United States Supreme Court handed
down at the term just ended.
Ownership in a trade-mark is not conferred by a federal statute,
but has from time immemorial been recognized under the common
law. Such ownership is based on priority of adoption and use, and
the right to use a trade-mark depends solely on proof of such
priority of adoption and use.
Registration affects the ownership of a trade-mark in no de-
gree whatever^ It simply furnishes a convenient and authorita-
tive record for the' purpose of proving the date of adoption.
Recognizing this fact, many owners of trade-marks have sub-
stituted advertising for registration, a copy of the publication in
which such advertisement appears being conclusive evidence that
the trade-mark was adopted on or before the date borne by the
issue of the publication in question.
Continuous advertising is,
indeed, the best form of protection for any trade-mark.
A