Music Trade Review
Issue: 1915 Vol. 60 N. 14 - Page 51
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW
tern Co. had the legal right to enter into a con-
tract with defendants obligating them not to handle
In the Talking Machine Shop of Pittsburgh---
like patterns for other parties. There is no unlaw-
Supreme Court of South Dakota Decides a Case
Will Assume Active Management.
ful combination or monopolistic trust in such
Which fs of Much Interest When Considered
transaction."
in Connection with the Clayton Anti-Trust
(Special to The Review.)
It will thus be seen that the Supreme Court of
Act Recently Enacted by Congress.
PITTSBURGH, PA., March 27.—H. N. Rudderow,
South Dakota was called upon to decide the very
who was manager of the Kaufmann Bros. Victrola
The Supreme Court of South Dakota has re- questions which the Federal courts would have to
department ever since its establishment several
cently
decided a case involving the legality of ex- pass upon in construing the Clayton act. This
years ago, has purchased a large interest in the
Talking Machine Shop, Jenkins' Arcade building, clusive agencies which is of interest when consid- South Dakota case is by no means the first de-
and has assumed the managership there. Mr. ered in connection with the Clayton Anti-Trust cision by a State court to the same effect. In fact,
almost all State courts that have been called upon
act recently enacted by Congress.
Rudderow is one of the best known members of
to decide the question have held that exclusive
It
will
be
remembered
that,
at
the
time
the
Clay-
the Pittsburgh talking machine trade, having
ton act was passed, there was considerable discus- agencies are not illegal and do not come within the
achieved enviable results as founder and head of
sion as to whether or not exclusive agencies would provisions of the State anti-trust laws. Of course,
be prohibited by the terms of the act. Section the Federal courts in construing the Clayton act
three of the act provides that it shall be unlawful are not in any way bound by the decisions of State
to sell or lease or contract for the sale of goods courts. But the South Dakota case is interesting,
or to fix the price of goods on condition that the not only as the latest authority on the question,
lessee or purchaser shall not handle any competing but also because the reasoning of the court seems
line of goods, where the effect of such lease, sale very pertinent to the language of the Clayton act.
or contract for sale or such agreement may be to —Printers' Ink.
substantially lessen competition or tend to create
a monopoly in any line of commerce.
NEW COLUMBIA AGENCIES.
The Federal Courts will have to decide event-
The Columbia Graphophone Co. announced this
ually whether the ordinary contract for an exclu- week the consummation of two important deals
sive agency tends to "substantially lessen compe- whereby the Philadelphia headquarters of the
tition or to create a monopoly" within the meaning Story & Clark Piano Co. will carry the complete
of the Clayton act. The case which has just been Columbia line, and Leggett & Co., the prominent
decided in South Dakota holds that under the Boston drug store, will establish an exclusive Co-
State statute, an exclusive agency is not illegal, lumbia department in their Washington street store.
and the reasoning of the court would seem to ap- This company is one of the best-known institu-
ply equally well to the language of the Federal tions in the United States and operates branches
statute.
in all the leading cities from Coast to Coast.
In the South Dakota case the Home Pattern Co.
had sold patterns '.o H. O. Rime & Co., dealers in
VICTOR CO. APPEAL IN MACY SUIT.
Sioux Falls, upon the condition that they should
The United States District Court, on Friday of
H. N. Rudderow.
not sell any other make of patterns. The dealer
last
week, entered the formal order or decree un-
did
not
pay
for
the
patterns
and
when
action
was
the Kaufmann Rros. department. Realizing the pos-
sibilities of this field, he determined to invest in the brought to recover the purchase price, the defense der the opinion filed the Tuesday before in the case
business for himself and chose the Talking Ma- set up was that the contract between the pattern of the Victor Talking Machine Co. against R. H.
chine Shop as being the newest and best of its company and the dealer violated the South Da- Macy & Co., New York. The Victor Talking Ma-
chine Co. immediately took an appeal from the de-
kind in the city. The shop is excellently located kota statute against monopolies.
in the busiest center of the city. It is entirely
This South Dakota statute provides that it shall cree and removed the case to the United States
unique in its arrangement, being the only local be unlawful to enter mto any combination either Circuit Court of Appeals for the Second District.
talking machine store fitted up so as to duplicate
(1) to create or carry out restrictions in trade; or It is expected that this tribunal will have the case
the home and show the instruments under ideal
(2) to prevent competition in the manufacture, within a few weeks.
conditions. The shop is divided into the main sale or purchase of merchandise, produce or com-
DEATH OF HUGH M. FUNSTON.
music room, which occupies the greatest space, and modities.
the wistaria room and rose room, both achieve-
The Supreme Court of South Dakota said:
Hugh M. Funston, a retired manufacturer of
ments of decorative art in color scheme and fur-
"Whether treated as an agency or sales con- fireworks and some years ago connected with the
nishings. The entire arrangement gives the best tract, there is nothing therein which, in the slight-
old New York Phonograph Co. as vice-president,
facilities for demonstrating purposes and at the est degree, tends to the creation of a monopoly, or
died at his home in Brooklyn last week in his
same time combines comfort and attractiveness. which in any manner tends to interfere with the
eighty-third year. Mr. Funston was a veteran of
The instruments are placed with a view to fitting right of any other persons to offer for sale or sell
the Civil War and was a cousin of General Fred-
them most attractively into homelike surround- like merchandise of other makes in direct compe-
erick Funston, who commanded the United States
ings. Mr. Rudderow has arranged for a series of
tition with the sales under the contract in question. troops at Vera Cruz.
daily concerts for the benefit of the shop's many So far as any provision of this contract is con-
patrons and friends. The Victor instruments are cerned, the whole world was theirs; the only limi-
MUSIC HELPS MUSCLES.
handled exclusively, this being the line with which
tation being that other persons handling similar
Mr. Rudderow has had much success in the past. patterns could not secure defendants as agents or
Sailors at the capstan, as well as soldiers on the
The Talking Machine Shop is the only one oper- purchasers during the continuance of the contract route march, know the value of music as a help to
ated on the homelike principle in this city, and it
in question. The defendants, if they purchased muscle. They look for the swing in the ear, the
is conceded to be the finest of its kind in the coun- said merchandise outright, did not purchase the brain, which goes into the hands, the arms, the
try. The fullest measure of success is predicted same as consumers thereof; but purchased the legs, the feet. And when there is a big task to do
for his new venture by Mr. Rudderow's numerous
same for resale to consumers. Under such cir- it must be done with a trumpet, the pipes, the band,
friends in the trade here and in other cities.
cumstances, we are of the view that the Home Pat- the whistle—anything that will give the swing.
H. N. RUDDEROW BUYS AN INTEREST
EXCLUSIVE CONTRACT UPHELD.
TEN DOLLARS IN VALUE FOR ONE DOLLAR INVESTED
Numbers of subscribers have claimed that they had rather pay a ten-dollar note annually for
The Talking Machine World
than to be without it.
, ,
,
v
.
It is a large and splendidly arranged paper, containing from 50 to 86 pages, covering comprehensively every branch
of the talking machine industry.
Its educational articles, showing how to build a successful and paying talking machine department, are widely read
—and no one who sells talking machines can afford to be without this publication.
Every merchant and every salesman can gain much valuable information by its perusal. It costs but $1.00 a year to
have it sent to any address in the United States. Samples free for the asking.
THE TALKING MACHINE WORLD
373 Fourth Avenue, New York
THE MUSIC TRADE REVIEW
tern Co. had the legal right to enter into a con-
tract with defendants obligating them not to handle
In the Talking Machine Shop of Pittsburgh---
like patterns for other parties. There is no unlaw-
Supreme Court of South Dakota Decides a Case
Will Assume Active Management.
ful combination or monopolistic trust in such
Which fs of Much Interest When Considered
transaction."
in Connection with the Clayton Anti-Trust
(Special to The Review.)
It will thus be seen that the Supreme Court of
Act Recently Enacted by Congress.
PITTSBURGH, PA., March 27.—H. N. Rudderow,
South Dakota was called upon to decide the very
who was manager of the Kaufmann Bros. Victrola
The Supreme Court of South Dakota has re- questions which the Federal courts would have to
department ever since its establishment several
cently
decided a case involving the legality of ex- pass upon in construing the Clayton act. This
years ago, has purchased a large interest in the
Talking Machine Shop, Jenkins' Arcade building, clusive agencies which is of interest when consid- South Dakota case is by no means the first de-
and has assumed the managership there. Mr. ered in connection with the Clayton Anti-Trust cision by a State court to the same effect. In fact,
almost all State courts that have been called upon
act recently enacted by Congress.
Rudderow is one of the best known members of
to decide the question have held that exclusive
It
will
be
remembered
that,
at
the
time
the
Clay-
the Pittsburgh talking machine trade, having
ton act was passed, there was considerable discus- agencies are not illegal and do not come within the
achieved enviable results as founder and head of
sion as to whether or not exclusive agencies would provisions of the State anti-trust laws. Of course,
be prohibited by the terms of the act. Section the Federal courts in construing the Clayton act
three of the act provides that it shall be unlawful are not in any way bound by the decisions of State
to sell or lease or contract for the sale of goods courts. But the South Dakota case is interesting,
or to fix the price of goods on condition that the not only as the latest authority on the question,
lessee or purchaser shall not handle any competing but also because the reasoning of the court seems
line of goods, where the effect of such lease, sale very pertinent to the language of the Clayton act.
or contract for sale or such agreement may be to —Printers' Ink.
substantially lessen competition or tend to create
a monopoly in any line of commerce.
NEW COLUMBIA AGENCIES.
The Federal Courts will have to decide event-
The Columbia Graphophone Co. announced this
ually whether the ordinary contract for an exclu- week the consummation of two important deals
sive agency tends to "substantially lessen compe- whereby the Philadelphia headquarters of the
tition or to create a monopoly" within the meaning Story & Clark Piano Co. will carry the complete
of the Clayton act. The case which has just been Columbia line, and Leggett & Co., the prominent
decided in South Dakota holds that under the Boston drug store, will establish an exclusive Co-
State statute, an exclusive agency is not illegal, lumbia department in their Washington street store.
and the reasoning of the court would seem to ap- This company is one of the best-known institu-
ply equally well to the language of the Federal tions in the United States and operates branches
statute.
in all the leading cities from Coast to Coast.
In the South Dakota case the Home Pattern Co.
had sold patterns '.o H. O. Rime & Co., dealers in
VICTOR CO. APPEAL IN MACY SUIT.
Sioux Falls, upon the condition that they should
The United States District Court, on Friday of
H. N. Rudderow.
not sell any other make of patterns. The dealer
last
week, entered the formal order or decree un-
did
not
pay
for
the
patterns
and
when
action
was
the Kaufmann Rros. department. Realizing the pos-
sibilities of this field, he determined to invest in the brought to recover the purchase price, the defense der the opinion filed the Tuesday before in the case
business for himself and chose the Talking Ma- set up was that the contract between the pattern of the Victor Talking Machine Co. against R. H.
chine Shop as being the newest and best of its company and the dealer violated the South Da- Macy & Co., New York. The Victor Talking Ma-
chine Co. immediately took an appeal from the de-
kind in the city. The shop is excellently located kota statute against monopolies.
in the busiest center of the city. It is entirely
This South Dakota statute provides that it shall cree and removed the case to the United States
unique in its arrangement, being the only local be unlawful to enter mto any combination either Circuit Court of Appeals for the Second District.
talking machine store fitted up so as to duplicate
(1) to create or carry out restrictions in trade; or It is expected that this tribunal will have the case
the home and show the instruments under ideal
(2) to prevent competition in the manufacture, within a few weeks.
conditions. The shop is divided into the main sale or purchase of merchandise, produce or com-
DEATH OF HUGH M. FUNSTON.
music room, which occupies the greatest space, and modities.
the wistaria room and rose room, both achieve-
The Supreme Court of South Dakota said:
Hugh M. Funston, a retired manufacturer of
ments of decorative art in color scheme and fur-
"Whether treated as an agency or sales con- fireworks and some years ago connected with the
nishings. The entire arrangement gives the best tract, there is nothing therein which, in the slight-
old New York Phonograph Co. as vice-president,
facilities for demonstrating purposes and at the est degree, tends to the creation of a monopoly, or
died at his home in Brooklyn last week in his
same time combines comfort and attractiveness. which in any manner tends to interfere with the
eighty-third year. Mr. Funston was a veteran of
The instruments are placed with a view to fitting right of any other persons to offer for sale or sell
the Civil War and was a cousin of General Fred-
them most attractively into homelike surround- like merchandise of other makes in direct compe-
erick Funston, who commanded the United States
ings. Mr. Rudderow has arranged for a series of
tition with the sales under the contract in question. troops at Vera Cruz.
daily concerts for the benefit of the shop's many So far as any provision of this contract is con-
patrons and friends. The Victor instruments are cerned, the whole world was theirs; the only limi-
MUSIC HELPS MUSCLES.
handled exclusively, this being the line with which
tation being that other persons handling similar
Mr. Rudderow has had much success in the past. patterns could not secure defendants as agents or
Sailors at the capstan, as well as soldiers on the
The Talking Machine Shop is the only one oper- purchasers during the continuance of the contract route march, know the value of music as a help to
ated on the homelike principle in this city, and it
in question. The defendants, if they purchased muscle. They look for the swing in the ear, the
is conceded to be the finest of its kind in the coun- said merchandise outright, did not purchase the brain, which goes into the hands, the arms, the
try. The fullest measure of success is predicted same as consumers thereof; but purchased the legs, the feet. And when there is a big task to do
for his new venture by Mr. Rudderow's numerous
same for resale to consumers. Under such cir- it must be done with a trumpet, the pipes, the band,
friends in the trade here and in other cities.
cumstances, we are of the view that the Home Pat- the whistle—anything that will give the swing.
H. N. RUDDEROW BUYS AN INTEREST
EXCLUSIVE CONTRACT UPHELD.
TEN DOLLARS IN VALUE FOR ONE DOLLAR INVESTED
Numbers of subscribers have claimed that they had rather pay a ten-dollar note annually for
The Talking Machine World
than to be without it.
, ,
,
v
.
It is a large and splendidly arranged paper, containing from 50 to 86 pages, covering comprehensively every branch
of the talking machine industry.
Its educational articles, showing how to build a successful and paying talking machine department, are widely read
—and no one who sells talking machines can afford to be without this publication.
Every merchant and every salesman can gain much valuable information by its perusal. It costs but $1.00 a year to
have it sent to any address in the United States. Samples free for the asking.
THE TALKING MACHINE WORLD
373 Fourth Avenue, New York
Future scanning projects are planned by the International Arcade Museum Library (IAML).