Music Trade Review
Issue: 1913 Vol. 56 N. 10 - Page 4
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THE
MUSIC TRADE
REVIEW
EDWARD LYMAN BILL - Editor and Proprietor
J. B. SPILLAN£. Managing Editor
Executive and Reportorlal Stall:
B. BBITTAIN WILSON,
A. J. NicKLiN,
CABLETON CHACE.
AUGUST J. TiMPE,
L. M. ROBINSON,
WM. B. WHITE,
BOSTON OFFICE:
GLAD HENDEESON,
L. E. BOWERS.
CHICAGO OFFICE:
JOHN H. WILSON, 824 Washington St.
E. P. VAN HABLINGEN, 87 South Wabash Ave.
Telephone, Main 6060.
Room 806. Telephone, Central 414
PHILADELPHIA:
MINNEAPOLIS and ST. PAUL:
ST. LOUIS:
R. W. KAUFFMAN.
ADOLF EDSTEN.
CLYDE JENNINGS
SAN FRANCISCO: S. H. GRAY, 88 First St.
DETROIT, MICH.: MORRIS J. WHITE.
CINCINNATI, O.: JACOB W. WALTERS.
BALTIMORE, MD.i A. ROBERT FRENCH.
INDIANAPOLIS, IND.: STANLEY H. SMITH
MILWAUKEE, WIS.: L. E. MEYER.
LONDON, ENGLAND: 1 Gresham Buildings, Basinghall St., E. C.
Published Every Saturday at S73 Fourth Avenue, New York
Enteted at the New York Post Office as Second Class Matter.
SUBSCRIPTION, (including postage), United States and Mexico, $2.00 per year; Canada,
$8.60; all other countries, $4.00.
ADVERTISEMENTS, $2.60 per inch single column, per insertion. On quarterly or
yearly contracts, a special discount is allowed. Advertising Pages, $75.00.
REMITTANCES, in other than currency forms, should be made payable to Edward
Lyman Bill.
Departments conducted by an expert wherein all ques-
9nil
aUU
tions of a technical nature relating to the tuning, regu-
I W h n f o f l l n p n a r t m o n t c lating and repairing of pianos and player-pianos are
lei/IUllCai IfC|fdrilUClll&. dealth with, will be found in another section of this
paper. We also publish a number of reliable technical works, information concerning whick
will be cheerfully given upon lequest.
REVIEW
down has evidently been caused by uncertainty as to what conditions
would follow a revision of the tariff.
The official returns just given out at Washington show that
merchandise exports from the United States in January reached the
largest volume ever reported in that month. The previous January
record was made in 1908. Imports also reached an unprecedented
figure, showing $162,678,000, against a previous record of $143,-
586,000 in January a year ago. What is, however, much more to
the point, is the fact that for seven completed months of the fiscal
year ending January 31 last, the balance of exported merchandise
was $430,500,000, a figure which has been exceeded only twice.
These figures furnish proof of our underlying strength and indicate
that our foreign credit balance from merchandise exports is now
very close to the record for the period. This condition becomes
more striking when it is remembered that instead of receiving
foreign gold in payment of these excess credits, the United States
has been engaged in exporting it, the total outflow of gold from the
beginning of the year to the third week of February being $28,200,-
000, which constitutes a record for that period. The foreign trade
is in a satisfactory condition and will be of enormous advantage
later on should real stringency develop in the money market.
O
N another page of The Review this week appears an inter-
esting, though rather satirical, article on the sameness of
piano catalogs that is worth more than passing attention on the
part of those who issue catalogs as well as those who prepare
them. The writer of the article, which appeared in a prominent
business magazine, declares that, except in size, the general fea-
tures of the hundreds of piano catalogs are all the same; with the
picture of the factories in which the instruments arc made; a por-
Exposition
Honors
Won
by
The
Review
Grand Prix
...Paris Exposition, 1900
Silver Me dal.. .Charleston Exposition, 1902
trait of the founder of the business and the illustrations of several
Diploma
Pan-American Exposition, 1901 Gold Medal
St. Louis Exposition, 1904
Gold Medal. .Lewis-Clark Exposition, 190S
pianos and player-pianos floating on air without apparent sup-
LONG DISTANCE TELEPHONES-NUMBERS S982-S983 MADISON SQUARE
port ; and the other items we know so well. The arraignment
Connecting all Departments.
is perhaps a trifle exaggerated, but there is no question that there
Cable address " "Elblll, N e w York."
could be greater variety in the average run of piano catalogs
NEW YORK, MARCH 8, 1 9 1 3
were the matter given proper attention.
The critic suggests that instead of pianos floating on clouds
they be shown in suitable environment or as they appear in the
EDITORIAL
home. As a matter of fact several prominent piano manufacturers
have issued catalogs showing their pianos in rooms of different
styles, and the results were most interesting and satisfactory.
E have received many letters from piano merchants through-
There have been, on the other hand, catalogs issued to the
out New York State this week thanking us for the publi-
trade—handsome examples of fine engraving and printing of the
cation of Mr. Louis Lowenstein's opinion on the much discussed
first class—but the run of the text and illustrations was of the
Buffalo instalment case in the last issue of The Review. Mer-
cut-and-dried variety. It would be stated in reply, probably, that
chants everywhere felt considerably concerned about Judge Marcus's
the usual style of catalog has answered the purpose in a very
ruling, but, as Mr. Lowenstein points out, it merely affirmed a law satisfactory manner, and the main point is to show the case
that had existed for well nigh twenty years. He also showed
design and give the specifications upon which the instrument is
exactly how the dealer can protect his interests in connection with
built. For the purpose of demanding the attention of those in
instalment defaults by bringing an action to foreclose the lien in- whose possession they are placed, however, the catalogs should
stead of repossessing the piano, which is now the custom.
be different and distinctive. Originality of presentation will
Many of the instalment piano contracts used by piano mer-
attract more profitable attention to a new line of pianos when
chants throughout the State are worded very similarly to the one combined with fine engraving and printing.
which was passed upon by Judge Marcus in Buffalo, and contains
waivers of rights on the parts of seller and purchaser that are not
Legal Questions Answered for the Benefit of
in conformity with the lien law of the State covering *a conditional
Review Readers
sale. In this matter of contracts, however, and the waivers therein,
This Department is under the supervision of Messrs. Went-
Mr. Lowenstein points out that their use do not nullify the dealer's
worth, Lowenstein & Stern, attorneys at law, of 60 Wall street,
right to bring the action to foreclose his lien.
New York.
Mr. Lowenstein, in his opinion last week, as well as in the
Matters intended for this Department should be addressed
plainly, Legal Department, The Music Trade Review.
further elaboration of the subject elsewhere in The Review, is most
illuminative, and it has pleased us to be able to relieve the anxiety
NQUIRY.—Is a contract entered into by the owner or pub-
of a great number of our subscribers regarding the course of pro-
lisher of copyrighted music and the concern wholesaling the
cedure following this much discussed decision in Buffalo.
copyrighted music of this publisher, to refuse to supply any retail
concern except upon agreement of said retail concern to sell at a
T is the opinion of the Fourth National Bank that settlement of
stated retail price, regarded in the eyes of the law as a conspiracy
the tariff problem will be followed by a great spurt in most
in restraint of trade? Would such an agreement hold, and would
lines of business. In its March review, it is pointed out that large
the publisher upon violation of it be enabled to obtain judgment
mercantile concerns continue to do a good volume of business, and,
in spite of disturbance in the stock market, general trade keeps up against the wholesaler and violator?—B. J.
well. A number of the largest railroad systems are still placing
ANSWER.—It is a lawful contract though in restraint of
orders for new equipment, and it is apparent that many of the steel
trade, because it is the product or invention of the maker and is
plants have booked sufficient orders to keep their equipment fully
not an attempt to monopolize a necessary of life. Upon breach of
employed for several months to come. The volume of new orders
the contract, damages could be recovered if proven ; if damages
have been falling off, however, in some industries, which showing
were not susceptible of proof, injunction would lie.
W
I
I
THE
MUSIC TRADE
REVIEW
EDWARD LYMAN BILL - Editor and Proprietor
J. B. SPILLAN£. Managing Editor
Executive and Reportorlal Stall:
B. BBITTAIN WILSON,
A. J. NicKLiN,
CABLETON CHACE.
AUGUST J. TiMPE,
L. M. ROBINSON,
WM. B. WHITE,
BOSTON OFFICE:
GLAD HENDEESON,
L. E. BOWERS.
CHICAGO OFFICE:
JOHN H. WILSON, 824 Washington St.
E. P. VAN HABLINGEN, 87 South Wabash Ave.
Telephone, Main 6060.
Room 806. Telephone, Central 414
PHILADELPHIA:
MINNEAPOLIS and ST. PAUL:
ST. LOUIS:
R. W. KAUFFMAN.
ADOLF EDSTEN.
CLYDE JENNINGS
SAN FRANCISCO: S. H. GRAY, 88 First St.
DETROIT, MICH.: MORRIS J. WHITE.
CINCINNATI, O.: JACOB W. WALTERS.
BALTIMORE, MD.i A. ROBERT FRENCH.
INDIANAPOLIS, IND.: STANLEY H. SMITH
MILWAUKEE, WIS.: L. E. MEYER.
LONDON, ENGLAND: 1 Gresham Buildings, Basinghall St., E. C.
Published Every Saturday at S73 Fourth Avenue, New York
Enteted at the New York Post Office as Second Class Matter.
SUBSCRIPTION, (including postage), United States and Mexico, $2.00 per year; Canada,
$8.60; all other countries, $4.00.
ADVERTISEMENTS, $2.60 per inch single column, per insertion. On quarterly or
yearly contracts, a special discount is allowed. Advertising Pages, $75.00.
REMITTANCES, in other than currency forms, should be made payable to Edward
Lyman Bill.
Departments conducted by an expert wherein all ques-
9nil
aUU
tions of a technical nature relating to the tuning, regu-
I W h n f o f l l n p n a r t m o n t c lating and repairing of pianos and player-pianos are
lei/IUllCai IfC|fdrilUClll&. dealth with, will be found in another section of this
paper. We also publish a number of reliable technical works, information concerning whick
will be cheerfully given upon lequest.
REVIEW
down has evidently been caused by uncertainty as to what conditions
would follow a revision of the tariff.
The official returns just given out at Washington show that
merchandise exports from the United States in January reached the
largest volume ever reported in that month. The previous January
record was made in 1908. Imports also reached an unprecedented
figure, showing $162,678,000, against a previous record of $143,-
586,000 in January a year ago. What is, however, much more to
the point, is the fact that for seven completed months of the fiscal
year ending January 31 last, the balance of exported merchandise
was $430,500,000, a figure which has been exceeded only twice.
These figures furnish proof of our underlying strength and indicate
that our foreign credit balance from merchandise exports is now
very close to the record for the period. This condition becomes
more striking when it is remembered that instead of receiving
foreign gold in payment of these excess credits, the United States
has been engaged in exporting it, the total outflow of gold from the
beginning of the year to the third week of February being $28,200,-
000, which constitutes a record for that period. The foreign trade
is in a satisfactory condition and will be of enormous advantage
later on should real stringency develop in the money market.
O
N another page of The Review this week appears an inter-
esting, though rather satirical, article on the sameness of
piano catalogs that is worth more than passing attention on the
part of those who issue catalogs as well as those who prepare
them. The writer of the article, which appeared in a prominent
business magazine, declares that, except in size, the general fea-
tures of the hundreds of piano catalogs are all the same; with the
picture of the factories in which the instruments arc made; a por-
Exposition
Honors
Won
by
The
Review
Grand Prix
...Paris Exposition, 1900
Silver Me dal.. .Charleston Exposition, 1902
trait of the founder of the business and the illustrations of several
Diploma
Pan-American Exposition, 1901 Gold Medal
St. Louis Exposition, 1904
Gold Medal. .Lewis-Clark Exposition, 190S
pianos and player-pianos floating on air without apparent sup-
LONG DISTANCE TELEPHONES-NUMBERS S982-S983 MADISON SQUARE
port ; and the other items we know so well. The arraignment
Connecting all Departments.
is perhaps a trifle exaggerated, but there is no question that there
Cable address " "Elblll, N e w York."
could be greater variety in the average run of piano catalogs
NEW YORK, MARCH 8, 1 9 1 3
were the matter given proper attention.
The critic suggests that instead of pianos floating on clouds
they be shown in suitable environment or as they appear in the
EDITORIAL
home. As a matter of fact several prominent piano manufacturers
have issued catalogs showing their pianos in rooms of different
styles, and the results were most interesting and satisfactory.
E have received many letters from piano merchants through-
There have been, on the other hand, catalogs issued to the
out New York State this week thanking us for the publi-
trade—handsome examples of fine engraving and printing of the
cation of Mr. Louis Lowenstein's opinion on the much discussed
first class—but the run of the text and illustrations was of the
Buffalo instalment case in the last issue of The Review. Mer-
cut-and-dried variety. It would be stated in reply, probably, that
chants everywhere felt considerably concerned about Judge Marcus's
the usual style of catalog has answered the purpose in a very
ruling, but, as Mr. Lowenstein points out, it merely affirmed a law satisfactory manner, and the main point is to show the case
that had existed for well nigh twenty years. He also showed
design and give the specifications upon which the instrument is
exactly how the dealer can protect his interests in connection with
built. For the purpose of demanding the attention of those in
instalment defaults by bringing an action to foreclose the lien in- whose possession they are placed, however, the catalogs should
stead of repossessing the piano, which is now the custom.
be different and distinctive. Originality of presentation will
Many of the instalment piano contracts used by piano mer-
attract more profitable attention to a new line of pianos when
chants throughout the State are worded very similarly to the one combined with fine engraving and printing.
which was passed upon by Judge Marcus in Buffalo, and contains
waivers of rights on the parts of seller and purchaser that are not
Legal Questions Answered for the Benefit of
in conformity with the lien law of the State covering *a conditional
Review Readers
sale. In this matter of contracts, however, and the waivers therein,
This Department is under the supervision of Messrs. Went-
Mr. Lowenstein points out that their use do not nullify the dealer's
worth, Lowenstein & Stern, attorneys at law, of 60 Wall street,
right to bring the action to foreclose his lien.
New York.
Mr. Lowenstein, in his opinion last week, as well as in the
Matters intended for this Department should be addressed
plainly, Legal Department, The Music Trade Review.
further elaboration of the subject elsewhere in The Review, is most
illuminative, and it has pleased us to be able to relieve the anxiety
NQUIRY.—Is a contract entered into by the owner or pub-
of a great number of our subscribers regarding the course of pro-
lisher of copyrighted music and the concern wholesaling the
cedure following this much discussed decision in Buffalo.
copyrighted music of this publisher, to refuse to supply any retail
concern except upon agreement of said retail concern to sell at a
T is the opinion of the Fourth National Bank that settlement of
stated retail price, regarded in the eyes of the law as a conspiracy
the tariff problem will be followed by a great spurt in most
in restraint of trade? Would such an agreement hold, and would
lines of business. In its March review, it is pointed out that large
the publisher upon violation of it be enabled to obtain judgment
mercantile concerns continue to do a good volume of business, and,
in spite of disturbance in the stock market, general trade keeps up against the wholesaler and violator?—B. J.
well. A number of the largest railroad systems are still placing
ANSWER.—It is a lawful contract though in restraint of
orders for new equipment, and it is apparent that many of the steel
trade, because it is the product or invention of the maker and is
plants have booked sufficient orders to keep their equipment fully
not an attempt to monopolize a necessary of life. Upon breach of
employed for several months to come. The volume of new orders
the contract, damages could be recovered if proven ; if damages
have been falling off, however, in some industries, which showing
were not susceptible of proof, injunction would lie.
W
I
I
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