Music Trade Review

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THE
JfflJSIC TIRADE
V O L . X L V . N o . 1 5 . Published Every Saturday by Edward Lyman Bill at 1 Madison Avc-, New York, October \2> 1907
TO AMEND BILLS OF LADING.
Merchants and Railway Men to Confer Here on
Problem of Uniformity.
Representatives of the large railroad, shipping
and banking interests of the country will meet
in this city to-day in an effort to decide upon a
uniform bill of lading. If it is impossible to
reach an agreement it is believed that the rail-
roads will be arrayed against the shippers and
bankers, and the fight on the question will be to
a finish. The subject was recently discussed at
the Bankers' convention in Atlantic City.
One of the chief causes of complaint is that the
present bills of lading do not carry with them any
responsibility on the part of the carrier to the
consignees, or the bankers who may have ad-
vanced money upon them, as to the quantity and
quality of the shipment. The highest courts of
Alabama, Mississippi and North CaroTina have
held that the consignees and bankers must bear
the entire risk on these points.
So serious is this risk that already bankers in
various sections of the country have refused to
advance any money upon this class of collateral.
George W. Neville, chairman of the Bill of Lading
Committee of the New York Cotton Exchange,
said recently:
"When one realizes that the crops of this coun-
try are now entirely financed through the me-
diums of 'order' bills of lading, it is obvious that
if other banks should adopt a similar policy the
commercial and agricultural interests would be
seriously embarrassed."
If the conference cannot come to a decision, the
question will have to be decided by the Interstate
Commerce Commission. It has already drawn
up a uniform bill of lading, which it proposes to
require every railroad in the United States to
issue after January of next year. But the com-
mission has not the power to protect those who
advance money upon the bills, and it will be
necessary to apply to Congress for legislation if
that is to be done.
Merchants and bankers will soon visit Wash-
ington to press their case, but at the approaching
conference they hope to obtain the assent of the
railroads to all the desired amendments in the
present bills of lading, and that satisfactory ar-
rangements will be reached.
Committees named by the New York Cotton
Exchange, the New York Board of Trade and
Transportation, the Merchants' Association, the
New York Mercantile Exchange, the National
Poultry Association and the National Hay Asso-
ciation are attending the conference.
COPYRIGHTS LIKE PATENTS.
Paintings Cannot be Retouched and Artist Get
Second Copyright.
(Special to The Review.)
Chicago, 111., Oct. 5, 1907.
A decision that the laws governing patents are
also applicable to copyrights, and that the same
subject matter cannot be twice copyrighted, has
just been handed down by the United States Cir-
cuit Court of Appeals. The ruling is against
Isaac H. Caliga, a Boston artist, who sued a news-
paper for violation of copyright. The decision
confirms the decision of the lower court.
The case is the first in which a ruling has been
made under the penalty section of the new copy-
right law. Caliga had copyrighted his painting,
"The Guardian Angel," retouched it and copy-
righted it again. The court decided this second
copyright was illegal, and, as he brought suit
under the second copyright, the matter was dis-
missed.
GROSSMAN A NOTED COMPOSER.
The Recently Acquired Representative of the
Knabe in Russia a Man of Eminence in the
Musical World.
As referred to recently in The Review the
celebrated Knabe piano will be represented in
Russia by Herr Ludwig Grossman, an eminent
composer, whose services were secured by Ernest
SINGL E
$ a .oo°PER S YEAR:
In 1870 Herr Grossman brought out his first
opera, "II Pescatore di Palermo,"" 1 -in whicfi such
renowned singers as Trebelli, Giovanoni, Bettina,
Zacchi, and others at that time starring in War-
saw, made their appearance. In a few years fol-
lowed the three-act comic opera, "Der Gelstrifles
Wojevoden " which, after its successful first''per-
formance in the Grand Theatre at Warsaw,* soon
found its way to St. Petersburg, Berlin, Vienna,
Lemburg, and other cities, where it was given
repeatedly in both court and private theatres.
T-he overture and "czardas" from this opera 1 , put
into the form of a brilliant orchestral piece, soon
became one of the favorite numbers in the reper-
toire of almost every orchestra and .band,,.i,n
Europe.
Grossman wag looked upon as the pef-vadirig
spirit in the general musical life of his country.
He took an active part as a member of the thea-
ter commission, he was one of the founders and
managing counsel of the Warsaw Opera, and he
belonged to the famous Philharmonic of4hat city.
In 1860 Herr Grossman undertook the manage-
ment of a piano and organ establishment under
the firm name of Hermann & Grossman, in War-
saw, St. Petersburg and Mpscow^.and brought t$is
business, of which he and his son are the sole
proprietors at the present time, to the highest
standing in Russia and Poland.
AN INTERESTINGLAW POINT.
LIJDW1U OltOSSMAN.
J. Knabe on his recent tour abroad, and who
is known far and wide among musicians as an
artist of great ability. Herr Grossman will give
much of his time to placing the musical merits
of the Knabe piano properly before the public,
and his standing in the world of music makes
his engagement in this capacity one of excep-
tional interest. It also speaks eloquently for the
enterprise of the Baltimore house.
Herr Grossman was born in the government
city of Kalisch, in Poland; made his musical
studies under Rungenhagen (Singakademie), in
Berlin, where he at the same time attended
school, and on his return to Warsaw, obtained
a position as teacher of piano in the Noble In-
stitute. He also gave private instructions, and
his exceptional qualifications for this work soon
obtained extended recognition.
During this
period began his activity as a composer in the
most varied art forms, such as piano selections,
songs, choral work, trios, and particularly or>
chestral compositions.
In a decision recently handed down by the
Court of Appeals it is held that while an agree-
ment to take a smaller sum in payment of a
larger one is without consideration and not bind-
ing in law, yet the acceptance of a less sum be-
fore the day of payment has arrived in satisfac-
tion of the whole would be a good accord and
satisfaction; the anticipation of the time of pay-
ment being a sufficient consideration to support
a plea of that nature. The court said in revers-
ing a judgment against the appellant: The evi-
dence adduced by the defendant, if believed by
the jury, was sufficient to support the plea of ac-
cord and satisfaction and thus defeat a recovery
by the plaintiff. The defense of accord and sat-
isfaction consists of something given to or done
for the defendant and accepted by him upon a
mutual agreement that it shall be a discharge
of the cause of action. The agreement is the
accord and the thing done is the satisfaction.
The mere payment of a smaller sum is no satis-
faction of a larger debt due, but the payment of
a smaller sum may be a satisfaction of a larger
sum where there is a mutual consideration to
support an agreement to that effect. The author,
ities are uniform in holding that anticipation
of time of payment is a sufficient consideration
of accord and satisfaction.
CAR SHORTAGE COMPLAINED OF.
With the beginning of the fall shipping comes
the regular complaint from the West, and es-
pecially Kansas, regarding a severe car short-
age. One Kansas dealer has had a carload of
pianos on the road for thirty days, of which
he can find no trace, and the delay is a serious
proposition with him,