Music Trade Review
Issue: 1906 Vol. 43 N. 26 - Page 44
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE
CLOSING GOOD HOLIDAY SEASON.
Although Trade Came in a Rush Instead of
Uniformly as Last Year—More People in the
Field to Supply the Demand—Situation
Analyzed.
Between the holidays business fluctuates, and
that is the prevalent condition for the week.
Jobbers admit trade has assumed a different as-
pect from that of last year, when a shortage in
all manner of goods created a feverish feeling,
which in turn affected the dealers. Business last
fall and during the early winter was one of eon
tinuous briskness, but this year the sales came
with a rush and selling was concentrated within
a comparatively short time. A natural increase
in demand for records, machines, horns, cranes
and other leading essentials has kept the fac-
tories busy: but more jobbers being created and
the list of dealers increased has divided up the
trade so that competition has become keener.
This phase of the talking machine business
has made itself felt as never before, and the ul-
timate effect of the wider distribution of goods
—rather placing it in more hands—is regarded
with mixed feelings by both the jobbers and
dealers, who have watched developments and
participated in every stage of the trade's expan-
sion for years. In other words, the multiplica-
tion of jobbers and dealers is claimed to cut in
on the established trade disastrously, though the
manufacturers may be reaping the benefit of the
increased volume of sales.
PHILIP MAURO'S STRONG BRIEF
Presented at the Recent Copyright Hearing in
Washington—Shows Wrong Conception by
Supporters of Paragraph G- of Certain Con-
tentions.
Although unable to appear In person at the
hearings, Philip Mauro. one of the best-known
attorneys connected with the talking machine in
terests, filed an elaborate brief with the joint
patent committees of Congress on the copyright
bill, of which the following brief extract is his
opening remarks, dealing specifically
with
"property in ideas" and paragraph G of sec-
tion 1:
"Much of the argument by which it has been
sought to support paragraph G is based upon a
fundamentally wrong assumption, namely, that
thoughts or ideas are property. There is no
natural property in ideas after publication—i. e.,
after expression has been given to them. One
may, of course, keep his thoughts to himself (and
generally it were well for himself and others so
to do), but the moment he has communicated
them to the public they fall into the common
find, and there is nothing immoral, unethical,
or a proper subject of animadversion, in think-
ing another man's thought, or in communicating
it to others for their profit or entertainment. All
talk about 'dishonesty' and 'theft' in this connec-
tion, from however high a source, is the merest
claptrap, for there exists no property in ideas,
musical, literary, or artistic, except as defined
by statute. It is entirely a matter of convention
or contract; and in framing legislation for the
benefit of that worthy class of persons who de
vote their gifts and energies to the embodiment
of intellectual conceptions in some useful, orna-
mental, or instructive form there are two parties
to be considered, namely, the public and the pro-
ducer; and it is the duty of our legislators to
consider first the. interest of the former, whom
they represent, and wliose servants they are.
"Not only so, but the Constitution has with
great clearness limited the object to which such
legislation must be directed. It is not to benefit
a special class of workers, however deserving,
but to promote the progress of science and the
MUSIC TRADE
REVIEW
useful arts. That is to say. the interest of the
public is to be considered as paramount; and the
underlying theory of the entire patent and cog-
nate legislation of this country is and has been
t:> shape such laws as will induce and stimulate
the greatest quantity and best quality of intellec-
tual output along these definite lines. As indi-
viduals the members of the committee may en-
tertain kindly and liberal sentiments toward
authors, composers, etc., but as legislators they
cannot properly be influenced by such sentiments
to the enactment of any legislation which would
not be clearly in the interest of the public.
"The writer would not care to enter opposi-
tion to the real interests of the composers, and
it is a source of satisfaction to him to know that
in attacking paragraph G. he is not opposing the
interests of these public benefactors, but quite
the reverse, although it has been artfully made
to appear that paragraph G is in their interest.
"To assist in stripping from the arguments
advanced in support of paragraph G, the super-
ficial plausibility with which it is invested by an
insincere appeal to the supposed 'rights' of the
composer and author, we would point out that,
of the enormous contributions added day by day
to the common fund of ideas, but a relatively
small number can find any monopolistic protec-
tion under the law. It is only when the ideas
take the form of a literary or musical composi-
tion, or of an ornamental design, or of a useful
improvement in an art, machine, or composition
of matter, that they can be made the subject of
protection under the laws. Ideas of treating dis-
eases, of improving live stock, of producing new
varieties of plants and flowers, of instructing
children, of teaching the deaf and blind, of con-
structing houses and buildings, of landscape gar-
dening, of conducting business enterprises in
their manifold forms, and many other groups of
ideas by which the public is benefited are the
fond objects of no protecting laws. Many and
numerous classes of public benefactors continue
ceaselessly to pour forth their flood of useful
ideas, adding to the common stock of knowledge.
No one regards it as immoral or unethical to use
these ideas, and their authors do not suffer
themselves to be paraded by sordid interests be-
fore legislative committees, uttering bombastic
speeches about their 'rights' and representing
themselves as the objects of 'theft' and •piracy.'
Certainly it cannot be contended in behalf of
paragraph G that it is in the interest of the
public, or that it has the slightest tendency to
promote science and the useful arts. Such being
the case it is improper legislation."
BRIEF BUT INTERESTING.
vaudeville circuits along the same line of pro-
duction.
On the second of January Walter L. Kckhardt,
manager of the Columbia Co.'s wholesale de-
partment, will start Tom Murray and W. Morse
on the road, to open up an active and aggressive
compaign. C. S. Gardner is no longer on tlm
company's wholesale selling staff, though he may
assume another position in their employ. It is
said the company will remove their general of-
fices to a prominent building overlooking City
Hall Park, New York, on or about the first of the
year, their present premises being entirely in-
adequate.
The Victor Talking Machine Co., Camden, N.
J.. were unable to fill the jobbers' requirements
in time for Christmas trade, especially in Victor
machines ranging from No. 3 to No. 6. Victor
Victrolas were entirely out of the question.
Monday George W. Lyle, general manager of
the Columbia Phonograph Co., general, was pre-
sented with a hall clock standing fully eight feet
high and constructed of disc and cylinder
giaphophones and cabinets. The word grapho-
phone takes the place of the ordinary
dial time divisions; the pendulum is a seven-
inch disc. The works are enclosed in a regula-
tion machine cabinet, and the clock, which will
occupy a conspicuous position in Mr. Lyle's new
office, is an excellent timekeeper.
Hayward
Cleveland, manager of the Columbia Co.'s ui>
town Broadway store, is credited with building
this unique clock, designed originally by W. N.
Tyler, and the Christmas gift came as a tribute
of the New York store managers to the recipi-
ent's ability and popularity.
John Macnabb, general manager of the Uni-
versal Talking Machine Mfg. Co., Newark, N. J.,
spent Christmas with his mother at Hartford.
Conn. He was accompanied by Mrs. Macnabb
and the baby, coming back Wednesday. New
Year's day will be passed with the same family
.surroundings.
The first list of selections for the Columbia's
new "velvet finish" disc records, designed to sell
for 75 cents retail, and be ready for the trade
about the first of the year, will contain 500 titles.
These have been taken as the expert choice of
the company's store managers throughout the
country. The new label, a fac-simile reduction
of the catalogue cover, is a striking contrast in
color arrangement.
A premature announcement of the next meet
ing of the Eastern Talking Machine Jobbers' As-
sociation, for January 16, has not met the views
of the committee in charge of the matter. The
association will come together some day during
the week of January 12-19, when the Automobile
Show is on a t Madison Square Garden, New
After being at headquarters for a week, visit- York. The exact date and place—probably a
ing the factory and general offices of the Na- hotel—will be fixed in a few days, when the
tional Phonograph Co., at Orange, N. J., H. K. official notices will be sent out.
Miller, their traveling representative on the Pa
What is claimed to be the first complete cata-
cific coast, left New York Monday for his terri-
tory. Mr. Miller has been with the company a logue devoted to record cabinets exclusively has
year, and is satisfied he is putting the Edison been issued by the Blackman Talking Machine
Co., New York. It is a 24-page publication, and
goods in front.
34 styles are shown. Tts style and appearance
Pat Powers, who announced the sale of his are commendable.
talking machine business in Buffalo. N. Y., to
UTICA CRANE CO. INCORPORATED.
Robert L. Lord, the music dealer, some time ago.
The Utica Crane Co., of Utica, N. Y., has been
is now reported as the proprietor of the Buffalo
incorporated with the Secretary of the State of
Talking Machine Co.
New York with a capital of $1,000, for the pur-
At the close of the year Cal Stewart, when his pose of manufacturing talking machine cranks
exclusive contract expires, will accept dates for and fixtures. Those interested are William Har-
talking records from the laboratories of the sev- rison, Cora J. Harrison and George A. Rogers,
eral companies. Cal continues to work the of Utica. N. Y.
H.
K. Miller Off to the Coast—The New
Columbia
Records—Pat
Powers Still in
Harness—Cal
Stewart's
Plans—Manager
Eckhardt's Campaign—Shortage on Victor
Machines—Present
for General
Manager
Lyle—Meeting of Jobbers.
THE
CLOSING GOOD HOLIDAY SEASON.
Although Trade Came in a Rush Instead of
Uniformly as Last Year—More People in the
Field to Supply the Demand—Situation
Analyzed.
Between the holidays business fluctuates, and
that is the prevalent condition for the week.
Jobbers admit trade has assumed a different as-
pect from that of last year, when a shortage in
all manner of goods created a feverish feeling,
which in turn affected the dealers. Business last
fall and during the early winter was one of eon
tinuous briskness, but this year the sales came
with a rush and selling was concentrated within
a comparatively short time. A natural increase
in demand for records, machines, horns, cranes
and other leading essentials has kept the fac-
tories busy: but more jobbers being created and
the list of dealers increased has divided up the
trade so that competition has become keener.
This phase of the talking machine business
has made itself felt as never before, and the ul-
timate effect of the wider distribution of goods
—rather placing it in more hands—is regarded
with mixed feelings by both the jobbers and
dealers, who have watched developments and
participated in every stage of the trade's expan-
sion for years. In other words, the multiplica-
tion of jobbers and dealers is claimed to cut in
on the established trade disastrously, though the
manufacturers may be reaping the benefit of the
increased volume of sales.
PHILIP MAURO'S STRONG BRIEF
Presented at the Recent Copyright Hearing in
Washington—Shows Wrong Conception by
Supporters of Paragraph G- of Certain Con-
tentions.
Although unable to appear In person at the
hearings, Philip Mauro. one of the best-known
attorneys connected with the talking machine in
terests, filed an elaborate brief with the joint
patent committees of Congress on the copyright
bill, of which the following brief extract is his
opening remarks, dealing specifically
with
"property in ideas" and paragraph G of sec-
tion 1:
"Much of the argument by which it has been
sought to support paragraph G is based upon a
fundamentally wrong assumption, namely, that
thoughts or ideas are property. There is no
natural property in ideas after publication—i. e.,
after expression has been given to them. One
may, of course, keep his thoughts to himself (and
generally it were well for himself and others so
to do), but the moment he has communicated
them to the public they fall into the common
find, and there is nothing immoral, unethical,
or a proper subject of animadversion, in think-
ing another man's thought, or in communicating
it to others for their profit or entertainment. All
talk about 'dishonesty' and 'theft' in this connec-
tion, from however high a source, is the merest
claptrap, for there exists no property in ideas,
musical, literary, or artistic, except as defined
by statute. It is entirely a matter of convention
or contract; and in framing legislation for the
benefit of that worthy class of persons who de
vote their gifts and energies to the embodiment
of intellectual conceptions in some useful, orna-
mental, or instructive form there are two parties
to be considered, namely, the public and the pro-
ducer; and it is the duty of our legislators to
consider first the. interest of the former, whom
they represent, and wliose servants they are.
"Not only so, but the Constitution has with
great clearness limited the object to which such
legislation must be directed. It is not to benefit
a special class of workers, however deserving,
but to promote the progress of science and the
MUSIC TRADE
REVIEW
useful arts. That is to say. the interest of the
public is to be considered as paramount; and the
underlying theory of the entire patent and cog-
nate legislation of this country is and has been
t:> shape such laws as will induce and stimulate
the greatest quantity and best quality of intellec-
tual output along these definite lines. As indi-
viduals the members of the committee may en-
tertain kindly and liberal sentiments toward
authors, composers, etc., but as legislators they
cannot properly be influenced by such sentiments
to the enactment of any legislation which would
not be clearly in the interest of the public.
"The writer would not care to enter opposi-
tion to the real interests of the composers, and
it is a source of satisfaction to him to know that
in attacking paragraph G. he is not opposing the
interests of these public benefactors, but quite
the reverse, although it has been artfully made
to appear that paragraph G is in their interest.
"To assist in stripping from the arguments
advanced in support of paragraph G, the super-
ficial plausibility with which it is invested by an
insincere appeal to the supposed 'rights' of the
composer and author, we would point out that,
of the enormous contributions added day by day
to the common fund of ideas, but a relatively
small number can find any monopolistic protec-
tion under the law. It is only when the ideas
take the form of a literary or musical composi-
tion, or of an ornamental design, or of a useful
improvement in an art, machine, or composition
of matter, that they can be made the subject of
protection under the laws. Ideas of treating dis-
eases, of improving live stock, of producing new
varieties of plants and flowers, of instructing
children, of teaching the deaf and blind, of con-
structing houses and buildings, of landscape gar-
dening, of conducting business enterprises in
their manifold forms, and many other groups of
ideas by which the public is benefited are the
fond objects of no protecting laws. Many and
numerous classes of public benefactors continue
ceaselessly to pour forth their flood of useful
ideas, adding to the common stock of knowledge.
No one regards it as immoral or unethical to use
these ideas, and their authors do not suffer
themselves to be paraded by sordid interests be-
fore legislative committees, uttering bombastic
speeches about their 'rights' and representing
themselves as the objects of 'theft' and •piracy.'
Certainly it cannot be contended in behalf of
paragraph G that it is in the interest of the
public, or that it has the slightest tendency to
promote science and the useful arts. Such being
the case it is improper legislation."
BRIEF BUT INTERESTING.
vaudeville circuits along the same line of pro-
duction.
On the second of January Walter L. Kckhardt,
manager of the Columbia Co.'s wholesale de-
partment, will start Tom Murray and W. Morse
on the road, to open up an active and aggressive
compaign. C. S. Gardner is no longer on tlm
company's wholesale selling staff, though he may
assume another position in their employ. It is
said the company will remove their general of-
fices to a prominent building overlooking City
Hall Park, New York, on or about the first of the
year, their present premises being entirely in-
adequate.
The Victor Talking Machine Co., Camden, N.
J.. were unable to fill the jobbers' requirements
in time for Christmas trade, especially in Victor
machines ranging from No. 3 to No. 6. Victor
Victrolas were entirely out of the question.
Monday George W. Lyle, general manager of
the Columbia Phonograph Co., general, was pre-
sented with a hall clock standing fully eight feet
high and constructed of disc and cylinder
giaphophones and cabinets. The word grapho-
phone takes the place of the ordinary
dial time divisions; the pendulum is a seven-
inch disc. The works are enclosed in a regula-
tion machine cabinet, and the clock, which will
occupy a conspicuous position in Mr. Lyle's new
office, is an excellent timekeeper.
Hayward
Cleveland, manager of the Columbia Co.'s ui>
town Broadway store, is credited with building
this unique clock, designed originally by W. N.
Tyler, and the Christmas gift came as a tribute
of the New York store managers to the recipi-
ent's ability and popularity.
John Macnabb, general manager of the Uni-
versal Talking Machine Mfg. Co., Newark, N. J.,
spent Christmas with his mother at Hartford.
Conn. He was accompanied by Mrs. Macnabb
and the baby, coming back Wednesday. New
Year's day will be passed with the same family
.surroundings.
The first list of selections for the Columbia's
new "velvet finish" disc records, designed to sell
for 75 cents retail, and be ready for the trade
about the first of the year, will contain 500 titles.
These have been taken as the expert choice of
the company's store managers throughout the
country. The new label, a fac-simile reduction
of the catalogue cover, is a striking contrast in
color arrangement.
A premature announcement of the next meet
ing of the Eastern Talking Machine Jobbers' As-
sociation, for January 16, has not met the views
of the committee in charge of the matter. The
association will come together some day during
the week of January 12-19, when the Automobile
Show is on a t Madison Square Garden, New
After being at headquarters for a week, visit- York. The exact date and place—probably a
ing the factory and general offices of the Na- hotel—will be fixed in a few days, when the
tional Phonograph Co., at Orange, N. J., H. K. official notices will be sent out.
Miller, their traveling representative on the Pa
What is claimed to be the first complete cata-
cific coast, left New York Monday for his terri-
tory. Mr. Miller has been with the company a logue devoted to record cabinets exclusively has
year, and is satisfied he is putting the Edison been issued by the Blackman Talking Machine
Co., New York. It is a 24-page publication, and
goods in front.
34 styles are shown. Tts style and appearance
Pat Powers, who announced the sale of his are commendable.
talking machine business in Buffalo. N. Y., to
UTICA CRANE CO. INCORPORATED.
Robert L. Lord, the music dealer, some time ago.
The Utica Crane Co., of Utica, N. Y., has been
is now reported as the proprietor of the Buffalo
incorporated with the Secretary of the State of
Talking Machine Co.
New York with a capital of $1,000, for the pur-
At the close of the year Cal Stewart, when his pose of manufacturing talking machine cranks
exclusive contract expires, will accept dates for and fixtures. Those interested are William Har-
talking records from the laboratories of the sev- rison, Cora J. Harrison and George A. Rogers,
eral companies. Cal continues to work the of Utica. N. Y.
H.
K. Miller Off to the Coast—The New
Columbia
Records—Pat
Powers Still in
Harness—Cal
Stewart's
Plans—Manager
Eckhardt's Campaign—Shortage on Victor
Machines—Present
for General
Manager
Lyle—Meeting of Jobbers.
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