Music Trade Review
Issue: 1912 Vol. 54 N. 9 - Page 46
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46
THE
MUSIC TRADE
REVIEW
AN IMPORTANT STATEMENT.
OPENS TALKINGJ1ACHINE STORE.
The Victor Co. in Discussing the Recent Action
of the U. S. Circuit Court of Appeals in the
Suit on the Petit Double-Faced Record Patent
States That Infringers Will Be Prosecuted.
I. M. Bame, Former Victor Co. Traveler, to
Handle That Line at Retail in Atlanta, Ga.
It will be recalled that in an earlier issue we
reported the substance of Judge Hazel's opinion
on final hearing in a suit brought by the Victor
Talking Machine Co. against the American Graph-
ophone Co. et al., on U. S. patent No. 749,092,
sometimes called the "double-faced record patent."
Judge Hazel, it will be recalled, held the patent to
be invalid, in view of certain prior art.
The Victor Co. took an appeal from Judge Ha-
zel's decree to the United States Circuit Court of
Appeals for the Second Circuit, and the argument
of the appeal was heard in January, 1912. The Ap-
pellate Court has very recently filed its opinion
disposing of the appeal, and, in view of the some-
what unusual disposition made of the appeal, it
may be well to point out that, while the Appellate
Court affirmed Judge Hazel's decree, it expressly
states in its opinion that the affirmance is made
without passing upon the validity of the Petit pat-
ent, and permits the court, should another suit in-
volving this patent be brought to it for determina-
tion, to pass upon the validity of the patent with-
out being constrained by any action taken in the
suit just decided.
The United States Circuit Court of Appeals for
t' Second Circuit in its opinion states that it
took the action which it did because it appeared
that since Judge Hazel's decision the parties to the
suit had entered into some settlement concerning
this patent whereby the standing of the parties
would not be affected by its decision in the case,
and there was nothing left which called for the
Appellate Court's decision in this particular case.
As far as the American Graphophone Co. and
the Columbia Phonograph Co., General, are con-
cerned, there was a certain settlement, but the
Victor Co. announces that it is not settled as to
others, and that it is determined to prosecute in-
fringers of this Petit patent. The Victor Co. states
further that it is corrodent of finally sustaining
this Petit double-faced record patent, and that if
any other concerns start or continue the manufac-
ture or sale of double-faced records, other suits
under this patent will be instituted and the whole
matter will have to be fought over again to the
Court of Appeals.
The action of the Appellate Court in affirming
Judge Hazel's decree was based chiefly upon a
technicality, and was not on the merits, so that
the effect is unimportant.
APPOINTED DOMINION MANAGER.
Jos. H. Wilson Takes Charge of the Dicta-
phone Interests of the Columbia Phonograph
Co. in Canada.
Joseph H. Wilson, formerly and for several
years connected with the New York sales staff of
the Columbia Phonograph Co., General, has been
appointed Dominion manager, with headquarters
at Montreal, for the dictaphone. Mr. Wilson is a
highly efficient salesman and his many New York
friends predict a great success for him in Canada.
The Columbia Co. is receiving many enthusiastic
comments on the recently listed records by the fa-
mous Ita.liaiL tenor Giovanni Zenatello. The one
particular selection which seems to have called
forth an unusual amount of commendatory men-
tion from the trade is the duet "Home to Our
Mountains," sung in Italian by Zenatello and tho
noted Italian contralto, Marie Gay. This selec-
tion will appear in the April list on record A-5370,
and is coupled with an appropriate companion
recording another duet by the same two artists
from "II Trovatore," "While Yet in Languish-
men t."
(Special to The Keview.)
Atlanta, Ga., Feb. 27, 1912.
I. M. Bame, who has been well known to At-
lanta for a number of years as a traveling repre-
sentative for the Victor Talking Machine Co., has
severed his connection with this company and will
go into business for himself here.
He has organized the I. M. Bame Co., which
will occupy commodious quarters at 72 North
Broad street, where the most elaborate talking
machine parlors in the South will be opened about
February 22. Mr. Bame will handle the Victor
line exclusively.
NEW COLUMBIA AGENTS
In New England and the West Announced by
H. A. Yerkes—Finds Business Active on Re-
cent Trade Visit.
H. A. Yerkes, manager of the wholesale depart-
ment, Columbia Phonograph Co., General, New
York, returned the latter part of the week from
a ten days' trip among Columbia dealers and branch
stores in New England. Mr. Yerkes states that
business in New England is hitting a fast clip and
that one and all the dealers of the Eastern section
are optimistic over the outlook for 1912. Condi-
tions in Boston are particularly gratifying. The
Boston branch, under the management of A. C.
Erisman, is breaking all precedents in the way of
output and general sales records. The Boston
agency recently closed a nice account with Will-
iam B. Lincoln, of Springfield, Mass., a piano dealer
of that city, who will handle the Columbia line
entirely. Another piano house to join the staff of
Columbia dealers is the Butler Sons Piano Co.,
Kansas City.
AMBITIOUS VICTROLA RECITALS.
H. Schmidt & Son Co. Give Series of "Faust"
Recitals with Orchestrelle, Orchestra and
Colored Views from the Opera to Add to the
General Effect.
(Special to The Review.)
Davenport, la., Feb. 20, 1912.
The H. Schmidt & Son Co., the oldest piano and
talking machine dealers in this city, and who main-
tain a large branch store in Muscatine, la., have
been featuring strongly and with great success the
Victor line of talking machines and Victrolas,
which they handle exclusively. During the present
season the house has been conducting a special
series of "Faust" recitals, using the Victrola and
records made by Geraldine Farrar, Enrico Caruso,
Marcel Journet and Louise Homer for the purpose
of illustrating the vocal numbers. The records are
accompanied and incidental music furnished by the
Schmidt Orchestra, composed of the following:
Herman Schmidt, Sr., mellophone; Julius A.
Schmidt, flute; Carl C. Schmidt, violin; Edward
A. Schmidt, pianolist and operator; Herman
Schmidt, orchestrelle and accompanist.
The thoroughness of the effort to make the re-
citals interesting and successful is best appreciated
through a glance at the following program, the
situations in the opera revolving around the various
musical numbers being explained in the accom-
panying text:
PROGRAM.
1. Faust Poipourri (Arr. by Ketterer)
Gounod
Aeolian Orchestrelle-Pianola Piano—Duet
Messrs. Edward and Herman Schmidt.
?. Heavenly Vision (French)
Caruso-Journet
3. Flower Song (Italian)
Homer
Accomp. bv "Schmidt" Orchestra.
4. All Hail Thou Dwelling Pure and Lowly (English)
Hamlin
Accomn. by "Schmidt" Orchestra.
5. Jewel Song (French)
Melba
Accomp. by "Schmidt" Orchestra.
0. Kut Why So Lonely?—Part II (French)
Farrar, Gilibert, Caruso and Journet
7. Forever Thine—Part II (French)
. .Farrar-Caruso
8. Let Me Gaze on Thy Beauty (Italian)
Neilsen-Constantinb
Acccmp. by Orchestrelle, Violin and Flute.
9. Soldiers' Chorus (French)
New York Grand Opera Chorus
10. Serenade Mephistopheles (French)
Journet
11. Church Scene—Part I (French)
Farrar-Journet
Accomp. by the Aeolian Orchestrelle.
12. This Is the Fair (French)
Farrar-Caruso
l.'i Then Leave Her (French) . .Farrar, Caruso and Journet
Special interest and life is added to the recitals
through throwing views of the various scenes in
the opera on a large screen by means of a post
card projector. It would seem as though this fea-
ture might be adopted with profit by talking ma-
chine dealers in other localities who make a prac-
tice of giving recitals of operatic music by means
of talking machines. The post card projector may
be purchased and operated at a fraction of the ex-
pense involved by a stereopticon, and in most ways
is just as effective.
A HOME MADEJTALKINQ MACHINE.
Barber in Michigan Makes Talker Out of a
Grindstone, a Soap Box and a Sewing
Machine Needle.
(Special to The Review.)
Marquette, Mich., Feb. 24, 1912.
John Honka, a barber at Negaunee has blos-
somed forth as an inventive genius. He has made
a phonograph from a razor grindstone, a paper
funnel, a sewing needle, a shaving soap box and a
pice of thin wood. Oddly to relate, the device
actually gives an excellent reproduction from a
disc record.
The paper funnel is connected with the soap
box, which acts as the reproducer. The needle,
stuck into the piece of thin wood, furnishes a dia-
phragm, and this is placed in the coap box, which
in turn is supported over the disc so that the needle
touches the surface of the disc. The disc lays on
the grindstone, which revolves in a horizontal posi-
tion and is turned by a handle. Mr. Honka enter-
tains his patrons with this novel device.
TO CLEAN OUT PRICE CUTTERS.
In The Voice of the Victor for February the
Victor Co. take the opportunity of emphasizing the
necessity of dealers not only observing the clauses
of their own contracts, but of keeping their eyes
open for violations of the clauses on the part of
competitors, especially the sections governing price-
cutting and the giving of discounts. The company'
reiterates its intention to aid the dealer in fighting
cut-throat competition in every instance where such
a state of affairs is brought to its attention, either
by its own employes or by the dealers. Special at-
tention is also called to the "misleading advertise-
ment" clause in the contracts and examples given
of what advertising is considered as coming under
that head and the reason why it works against the
interests of the dealer.
THE TALKING
MACHINE WORLD
Containsall the news of the
talking
machine
trade
throughout the w o r l d —
the doings of manufactur-
ers, jobbers and dealers.
A Business Essential
$1.00 the Year
Published monthly by
EDWARD LYMAN BILL
1 Madison Avonuo
NIW YORK
46
THE
MUSIC TRADE
REVIEW
AN IMPORTANT STATEMENT.
OPENS TALKINGJ1ACHINE STORE.
The Victor Co. in Discussing the Recent Action
of the U. S. Circuit Court of Appeals in the
Suit on the Petit Double-Faced Record Patent
States That Infringers Will Be Prosecuted.
I. M. Bame, Former Victor Co. Traveler, to
Handle That Line at Retail in Atlanta, Ga.
It will be recalled that in an earlier issue we
reported the substance of Judge Hazel's opinion
on final hearing in a suit brought by the Victor
Talking Machine Co. against the American Graph-
ophone Co. et al., on U. S. patent No. 749,092,
sometimes called the "double-faced record patent."
Judge Hazel, it will be recalled, held the patent to
be invalid, in view of certain prior art.
The Victor Co. took an appeal from Judge Ha-
zel's decree to the United States Circuit Court of
Appeals for the Second Circuit, and the argument
of the appeal was heard in January, 1912. The Ap-
pellate Court has very recently filed its opinion
disposing of the appeal, and, in view of the some-
what unusual disposition made of the appeal, it
may be well to point out that, while the Appellate
Court affirmed Judge Hazel's decree, it expressly
states in its opinion that the affirmance is made
without passing upon the validity of the Petit pat-
ent, and permits the court, should another suit in-
volving this patent be brought to it for determina-
tion, to pass upon the validity of the patent with-
out being constrained by any action taken in the
suit just decided.
The United States Circuit Court of Appeals for
t' Second Circuit in its opinion states that it
took the action which it did because it appeared
that since Judge Hazel's decision the parties to the
suit had entered into some settlement concerning
this patent whereby the standing of the parties
would not be affected by its decision in the case,
and there was nothing left which called for the
Appellate Court's decision in this particular case.
As far as the American Graphophone Co. and
the Columbia Phonograph Co., General, are con-
cerned, there was a certain settlement, but the
Victor Co. announces that it is not settled as to
others, and that it is determined to prosecute in-
fringers of this Petit patent. The Victor Co. states
further that it is corrodent of finally sustaining
this Petit double-faced record patent, and that if
any other concerns start or continue the manufac-
ture or sale of double-faced records, other suits
under this patent will be instituted and the whole
matter will have to be fought over again to the
Court of Appeals.
The action of the Appellate Court in affirming
Judge Hazel's decree was based chiefly upon a
technicality, and was not on the merits, so that
the effect is unimportant.
APPOINTED DOMINION MANAGER.
Jos. H. Wilson Takes Charge of the Dicta-
phone Interests of the Columbia Phonograph
Co. in Canada.
Joseph H. Wilson, formerly and for several
years connected with the New York sales staff of
the Columbia Phonograph Co., General, has been
appointed Dominion manager, with headquarters
at Montreal, for the dictaphone. Mr. Wilson is a
highly efficient salesman and his many New York
friends predict a great success for him in Canada.
The Columbia Co. is receiving many enthusiastic
comments on the recently listed records by the fa-
mous Ita.liaiL tenor Giovanni Zenatello. The one
particular selection which seems to have called
forth an unusual amount of commendatory men-
tion from the trade is the duet "Home to Our
Mountains," sung in Italian by Zenatello and tho
noted Italian contralto, Marie Gay. This selec-
tion will appear in the April list on record A-5370,
and is coupled with an appropriate companion
recording another duet by the same two artists
from "II Trovatore," "While Yet in Languish-
men t."
(Special to The Keview.)
Atlanta, Ga., Feb. 27, 1912.
I. M. Bame, who has been well known to At-
lanta for a number of years as a traveling repre-
sentative for the Victor Talking Machine Co., has
severed his connection with this company and will
go into business for himself here.
He has organized the I. M. Bame Co., which
will occupy commodious quarters at 72 North
Broad street, where the most elaborate talking
machine parlors in the South will be opened about
February 22. Mr. Bame will handle the Victor
line exclusively.
NEW COLUMBIA AGENTS
In New England and the West Announced by
H. A. Yerkes—Finds Business Active on Re-
cent Trade Visit.
H. A. Yerkes, manager of the wholesale depart-
ment, Columbia Phonograph Co., General, New
York, returned the latter part of the week from
a ten days' trip among Columbia dealers and branch
stores in New England. Mr. Yerkes states that
business in New England is hitting a fast clip and
that one and all the dealers of the Eastern section
are optimistic over the outlook for 1912. Condi-
tions in Boston are particularly gratifying. The
Boston branch, under the management of A. C.
Erisman, is breaking all precedents in the way of
output and general sales records. The Boston
agency recently closed a nice account with Will-
iam B. Lincoln, of Springfield, Mass., a piano dealer
of that city, who will handle the Columbia line
entirely. Another piano house to join the staff of
Columbia dealers is the Butler Sons Piano Co.,
Kansas City.
AMBITIOUS VICTROLA RECITALS.
H. Schmidt & Son Co. Give Series of "Faust"
Recitals with Orchestrelle, Orchestra and
Colored Views from the Opera to Add to the
General Effect.
(Special to The Review.)
Davenport, la., Feb. 20, 1912.
The H. Schmidt & Son Co., the oldest piano and
talking machine dealers in this city, and who main-
tain a large branch store in Muscatine, la., have
been featuring strongly and with great success the
Victor line of talking machines and Victrolas,
which they handle exclusively. During the present
season the house has been conducting a special
series of "Faust" recitals, using the Victrola and
records made by Geraldine Farrar, Enrico Caruso,
Marcel Journet and Louise Homer for the purpose
of illustrating the vocal numbers. The records are
accompanied and incidental music furnished by the
Schmidt Orchestra, composed of the following:
Herman Schmidt, Sr., mellophone; Julius A.
Schmidt, flute; Carl C. Schmidt, violin; Edward
A. Schmidt, pianolist and operator; Herman
Schmidt, orchestrelle and accompanist.
The thoroughness of the effort to make the re-
citals interesting and successful is best appreciated
through a glance at the following program, the
situations in the opera revolving around the various
musical numbers being explained in the accom-
panying text:
PROGRAM.
1. Faust Poipourri (Arr. by Ketterer)
Gounod
Aeolian Orchestrelle-Pianola Piano—Duet
Messrs. Edward and Herman Schmidt.
?. Heavenly Vision (French)
Caruso-Journet
3. Flower Song (Italian)
Homer
Accomp. bv "Schmidt" Orchestra.
4. All Hail Thou Dwelling Pure and Lowly (English)
Hamlin
Accomn. by "Schmidt" Orchestra.
5. Jewel Song (French)
Melba
Accomp. by "Schmidt" Orchestra.
0. Kut Why So Lonely?—Part II (French)
Farrar, Gilibert, Caruso and Journet
7. Forever Thine—Part II (French)
. .Farrar-Caruso
8. Let Me Gaze on Thy Beauty (Italian)
Neilsen-Constantinb
Acccmp. by Orchestrelle, Violin and Flute.
9. Soldiers' Chorus (French)
New York Grand Opera Chorus
10. Serenade Mephistopheles (French)
Journet
11. Church Scene—Part I (French)
Farrar-Journet
Accomp. by the Aeolian Orchestrelle.
12. This Is the Fair (French)
Farrar-Caruso
l.'i Then Leave Her (French) . .Farrar, Caruso and Journet
Special interest and life is added to the recitals
through throwing views of the various scenes in
the opera on a large screen by means of a post
card projector. It would seem as though this fea-
ture might be adopted with profit by talking ma-
chine dealers in other localities who make a prac-
tice of giving recitals of operatic music by means
of talking machines. The post card projector may
be purchased and operated at a fraction of the ex-
pense involved by a stereopticon, and in most ways
is just as effective.
A HOME MADEJTALKINQ MACHINE.
Barber in Michigan Makes Talker Out of a
Grindstone, a Soap Box and a Sewing
Machine Needle.
(Special to The Review.)
Marquette, Mich., Feb. 24, 1912.
John Honka, a barber at Negaunee has blos-
somed forth as an inventive genius. He has made
a phonograph from a razor grindstone, a paper
funnel, a sewing needle, a shaving soap box and a
pice of thin wood. Oddly to relate, the device
actually gives an excellent reproduction from a
disc record.
The paper funnel is connected with the soap
box, which acts as the reproducer. The needle,
stuck into the piece of thin wood, furnishes a dia-
phragm, and this is placed in the coap box, which
in turn is supported over the disc so that the needle
touches the surface of the disc. The disc lays on
the grindstone, which revolves in a horizontal posi-
tion and is turned by a handle. Mr. Honka enter-
tains his patrons with this novel device.
TO CLEAN OUT PRICE CUTTERS.
In The Voice of the Victor for February the
Victor Co. take the opportunity of emphasizing the
necessity of dealers not only observing the clauses
of their own contracts, but of keeping their eyes
open for violations of the clauses on the part of
competitors, especially the sections governing price-
cutting and the giving of discounts. The company'
reiterates its intention to aid the dealer in fighting
cut-throat competition in every instance where such
a state of affairs is brought to its attention, either
by its own employes or by the dealers. Special at-
tention is also called to the "misleading advertise-
ment" clause in the contracts and examples given
of what advertising is considered as coming under
that head and the reason why it works against the
interests of the dealer.
THE TALKING
MACHINE WORLD
Containsall the news of the
talking
machine
trade
throughout the w o r l d —
the doings of manufactur-
ers, jobbers and dealers.
A Business Essential
$1.00 the Year
Published monthly by
EDWARD LYMAN BILL
1 Madison Avonuo
NIW YORK
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