Music Trade Review

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THE
MUSIC TRADE
heart, and who intends to stay in the business will talk quality and
sell the kind of instruments that deserve that appellation.
"The campaign of education may be slow at best, but the
effect of all such work is cumulative and becomes progressively
easier. We have always found quality a good talking point, and it
becomes most powerful when the merchant back of it is enthu-
siastic and earnest in his desire to push the quality goods which
he represents. There are, unfortunately, too many piano men using
the quality piano as a "stool pigeon"—as a mere attraction to get
customers into the warerooms, with the object of selling them a
cheaper instrument on which there may be a larger margin of profit.
"I am also a firm believer in the policy long suggested by The
Review, that the establishment of fixed prices by manufacturers
would do much to place the piano business on a stable foundation,
and augment the confidence of piano purchasers throughout the
country, besides.' doing away with many business annoyances in the
way of price disturbances such as 'cutting.'
"The establishment of one price in the talking machine busi-
ness has kept it in a clean, healthy condition, with the result that
there are no bickerings or price discussions 1 . Every dealer is work-
ing for the uplift and advancement of the business. And it would
be the same way in the piano trade were prices absolutely fixed.
In that way the cheap or special brand pianos would be kept in
their class, instead of encroaching, as they now do, upon pianos' of
quality and established reputation."
T
REVIEW
Legal Questions Answered for the
Benefit of Review Readers
CJWe have opened a Department wherein legal
questions, which have direct bearing on music
trade affairs, will be answered free of charge.
€JThis Department is under the supervision of
Messrs. Wentworth, Lowenstein & Stern, attor-
neys at law, of 60 Wall Street, New York.
CflMatter intended for this Department should be
addressed plainly, Legal Department, The Music
Trade Review.
America and it affords American manufacturers the best oppor-
tunity to reach the export trade, which is rapidly growing in magni-
tude and desirability.
We have recently added to our Spanish staff Mr. Luis G.
Rocha, a gentleman who has had a long and varied experience in
the Spanish export trade.
He has been in close connection with talking machine interests
and he will become business manager of our Spanish paper.
Advertising copy intended for the next issue of this paper
should reach this office at an early date, as this work always necessi-
tates considerable time in translation, in careful handling, setting up
and proofreading, and we are particularly desirous of having as few
errors' in this work as possible and we would urge all advertisers to.
supply us with copy at the earliest possible moment.
HTS is truly the acre of the young man. and he is rapidlv forg-
ing his way to the front in the piano business—that is. the
young man of intelligence and mental equipment, who has fitted
himself bv special training to fill a position of trust and responsi-
bility. The door of opportunity in our large institutions is not
closed, as some of our agitators affirm, for every day we learn of
young men receiving recognition by reason of their special fitness
for the positions to which they have been appointed.
An instance of this occurred last week in the election of J.
HERE are few industries where litigation over patents has
Harry Shale, secretary of the American Piano Co., to the presi-
been fought harder than in the music trade field and
dency of the Foster-Armstrong Co., that very important division
kindred
lines 1 . In the news columns of The Review last week there
of the American Piano Co. located at Rochester, N. Y. Mr. Shale
has been thus honored because of his especial qualifications for such was recorded the final decision in the long-fought suit of F. Engel-
an important position, for there are few men in the trade to-day hardt & Sons against the Automatic Musical Co.. of Binghamton,
who have a more complete knowledge, or a more general or wider N. Y., which has been before the courts since 1906.
This suit grew out of an infringement of the Hobart patent
experience in all branches of the piano business. From a modest
owned
by the Engelhardt house, which was issued in TQO6, and
start in the factories of the Foster-Armstrong Co., of which he has
related
to a tune sheet device for electric pianos. Tt has been bit-
now become president, he worked his way up to the superintendency
terly
fought
at every step, and this final decision by Judge Ray, of
of the plant, and later, because of his special ability in the financial
•
the
United
States
District Court, sustains the Master's report in
field, he became auditor of the company, and on the formation of
full
and
confirms
a
final decree for F. Engelhardt & Sons for
the American Piano Co. became its secretary. He has had a prac-
tical training in and knowledge of every department of the piano $282,884.78, with interest, and also orders the defendants to pay
business, and in the factory, in the office, on the road, and in all the Master's compensation and disbursements.
In his decision. Judge Ray says: "It seems to me that com-
departments, he has scored a marked success.
1
plainants
having proved the existence and receipt of profits by
He has won high praise from credit men for his splendid man-
defendants
attributable to the use by it of the Hobart patent or
agement of the credit department of the American Piano Co.'s
device,
the
infringement complained of, and having exhausted its
business, which he has systematized and perfected in a manner to
means
of
separating
those derived from the use of the patent from
excite the compliments of his confreres in other industries.
the
others,
if
any,
and
having shown a confusion of these profits
Mr. Shale returns to his old home in Rochester with new
by
the
acts
of
the
defendants,
it made a proper case for charging
honors, and under his control it is certain that the business of the
1
Foster-Armstrong Co. division of the American Piano Co., which the defendants with all such profits, and in effect cast on them the
manufactures the Haines Bros., Marshall & Wendell, Haines & Co., duty or burden of showing that some definite part of such profits
Foster-Armstrong and Brewster pianos and player-pianos will score were not derived from the use of the Hobart combination device.
"Defendants contend that they did not have the benefit of all
new achievements. This will be insured in a large degree by Mr.
the
profits
included in the Master's report: that pianos were sold
Shale's close personal association with the business, for he will
and
notes
taken
for the purchase price and discounted by defend-
reside in Rochester.
ants,
and
that
same
were never paid by the makers'. Defendants
The honor which has come to Mr. Shale is not alone an ac-
knowledgment of his extended experience and marked ability, but say it is unjust and inequitable to charge them with profits never
it acts as an encouragement to young men of purpose and ambition actually received except in the form of worthless notes. "Rut T fail
to march firmly and hopefully on the road to greater success in to find anvthing in the record which will justify anv specific deduc-
tion for this reason. Tt is all left to guess and speculation."
whatever line of activity in which they may be engaged.
This judgment takes' rank as one of if not the largest in the
history
of the music trade, and the record in the case covers thou-
HTS trade newspaper institution has been in receipt of a number
sands
of
typewritten pages. From the very start of the litigation
of complimentary comrnunications from South American
F.
Engelhardt
& Sons have contended for the correctness of their
houses praising our new publication recently put forth entitled La
position, which has now been confirmed in such an overwhelming
Manuina Parlante Mundo.
'
This paper has aroused widespread interest throughout Latin manner.
T
T