Music Trade Review
Issue: 1919 Vol. 69 N. 21 - Page 58
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THE
46
MUSIC TRADE REVIEW
NOVEMBER 22, 1919
ANSWER COMMISSION'S COMPLAINT
(Continued from page 45)
Golden Songs From the Golden West
ings of each association are attended by members of the
other association, who take part in such meetings; that
committees representing one association confer with com-
mittees representing the other association, and with others,
persons, firms, corporations or associations interested in
or engaged in publishing or dealing in musical publica-
tions in connection with and in relation to the matters
herein alleged ; that most of the members of the Music Pub-
lishers' Association of the United States are also members
of the National Association of Sheet Music Dealers; that
resolutions calculated or intended to result in increased
prices to the public and to the music profession have been
and are passed by one of said associations and at times
by its members or by part of them acting together, recom-
mending action by the other association and its members,
and that such resolutions have been and are ratified and
approved by such other association or by its members, or
some of them, and agreed to and carried out by its members
or a part of them.
ANSWER—Deny that the acts done in the course of busi-
ness by these defendants or any of them were unfair meth-
ods of competition or in violation of the provisions of sec-
tion B of an act of Congress, approved September 26,
1914, entitled "An act to create a Federal Trade Commis-
sion, to define its powers and duties and for other purposes."
PARAGRAPH FIVE—That in connection with the gen-
eral conspiracy and plans above alleged, and for the pur-
pose of supplementing and making more effective the work
of the associations of increasing and enhancing the price
which the public and the musical profession should be re-
quired to pay for musical publications, certain members of
said associations while gathered together- at times during
the periods fixed for the holding of the meetings of said
associations met and agreed together upon policies of in-
crease of price and upon uniform rates and schedules of
prices of certain classes of competitive musical publica-
tions and that pursuant to and as a result of such agree-
ments and understandings the rates and the prices of such
musical publications were so increased and advanced.
ANSWER—Allege that the cost of production and of Bale
and of royalties on the merchandise herein involved has
greatly increased, particularly in the past three years, and
that these defendants have at all times striven to correct
previously inherited poor business methods and to give greater
dignity to the industry, with a reasonable profit to all con-
cerned and better protection and profit to the public, of all
of which this commission was advised by these defendants.
PARAGRAPH SIX—That pursuant to the general con-
spiracy, plans and resolutions adopted by the said associa-
tions and agreed to by members thereof, the said National
Association of Sheet Music Dealers prepared and distributed
among the dealers of musical publications generally through-
out the United States and the District of Columbia, circulars,
pamphlets and other papers calculated to induce dealers, not
members of the said National Association of Sheet Music
Dealers, to conform to the enhanced, or increased prices
sought to be enforced by the said associations and the mem-
bers of said National Association of Sheet Music Dealers,
and thereby and by various letters and other communica-
tions and by personal solicitation endeavored to and did
persuade and induce music dealers not members of such Na-
tional Association of Sheet Music Dealers ta conform to such
standard of resale prices as fixed and agreed to by the re-
spondents aforesaid.
PARAGRAPH SEVEN—That as a resu:t of said con-
spiracy and co-operation between said two associations and
the members of said two associations, competition has been
largely eliminated and the price required to be paid by the
public and the musical profession for musical publications
has been greatly enhanced.
S. E. Philpitt's Answers
S. Ernest Philpitt's answers follow:
PARAGRAPH ONE - I am a member.
PARAGRAPH TWO—Denied.
Discounts started to become general in 1899 and list prices
accordingly were advanced. Music always has been and
always will be sold at various rates of discount by different
houses, both dealers and publishers, in different parts of the
country. Furthermore, a piece of music listed at 50 and 60
cents today was 30, 35 and 40. cents up to about 1890.
PARAGRAPH THREE—Denied as charged.
PEGGY
An Irresistible Melody Fox-Trot by Neil Moret and Harry Williams, Already Recorded by the
Better Phonograph and Player-Roll Companies and Played Nightly by t h e Most Successful
Orchestras Throughout the Country.
Please Do Not Confuse Neil Moret's " P e g g y " With Another Number of the Same Title.
"SOME NIGHT," Waltz With Words; "ROSE OF ROMANY," the Original
Gypsy Song; "SLOW AND EASY," an Indigo Fantasie.
BRANCH OFFICE
1 4 5 WEST 4 5 t h STREET.
NEW YORK
DANIELS & WILSON, Inc.
San
What line of merchandise has not in the past three years
advanced in the seling price to the public ? The natural
sequence of war and after war conditions, due to heavy taxa-
tion and advances in labor and material. Publishers being
forced to advance their prices to the dealer and the dealer
in order to exist and pay living salaries must advance his
price to secure an adequate return and be able to remain in
business.
PARAGRAPH FOUR—Meetings held but not for purposes
as charged.
Why have not such publishers being actively interested in
retail as well as wholesale the right to belong to both organ-
izations ? The ratification of a dealer's resolution by the
publishers is only a friendly act to aid the dealers in an
endeavor to solve our problems as dealers and save many
from bankruptcy as of the past.
PARAGRAPH FIVE—Denied.
The purpose as set forth by the dealers in their petition to
the Federal Trade Commission would protect the public. The
real selling price would in many cases compel the unscrupu-
lous dealer to sell at a much lower price than is now the
case and prevent the unscrupulous teacher charging 40 cents,
for a piece of music which she had purchased at ten cents,
the price which the publisher intended it to be sold, (although
following the present custom the fictitious price was printed
thereon). If the printed price is adopted the dealer who
desires to allow professional discounts may still do so. We
are not asking for restricted resale price.
PARAGRAPH SIX—Denied.
I know of no such circulars having been authorized or dis-
tributed and feel that this charge is unwarranted.
PARAGRAPH SEVEN—Denied.
What competition has been eliminated?
SUPPLEMENTARY—I cannot see what unfair methods
have been used for the past three years in our efforts to
substitute a price indicating the selling: price instead of the
present fictitious price, the selling price would indicate a real
value from which fictitious discounts could not reasonably
be made, whereas the present fictitious marked price is mis-
leading to the public and deceptive since it does not indicate
the value and places the public at the mercy of unscrupulous
dealers and profession in over charging, and encourages mis-
leading advertisements when quoting various discounts there-
from. Most any article upon the market today has a selling
price indicated thereon, this applies to books, patent medi-
cines, games, toilet articles and many others too numerous
to mention. We have only asked for a marked price indi-
cating the market value instead of a fictitious value and we
have solicited your honorable board's assistance to bring about
a condition which we believe in our own best judgment
would result in a decided protection for the general public
and we could not have come to you asking your assistance
with unclean hands.
The Jos. Morris Music Co. reports a big demand
for "Pretty Little Rainbow."
Francisco
FEIST NATIONAL ADVERTISING
Full Page Ads in Colors Used by Leo Feist,
Inc., in National Publications
Leo Feist, Inc., carried full page advertisements
in both the Saturday Evening Post and Collier's
Weekly, in the issues of November 15, on four
popular numbers from their catalog—"Freckles,"
"I Used to Call Her Baby," "Hawaiian Lullaby"
and "There's a Lot of Blue-Eyed Marys Down
in Maryland." The full page in Collier's is in two
colors and, according to an announcement re-
cently sent to the trade by the publishers, they
are planning and organizing a big national ad-
vertising campaign with practically all the lead-
ing magazines of the country, the publicity of
which will appear in colors. This is probably the
first time in the history of the music business
when an advertising campaign was inaugurated
by a sheet music publisher, where full page ad-
vertisements of popular songs have appeared in
color form.
NEW YORK PUBLISHERS MEET
On Tuesday night of this week the annual fall
dinner of the Greater New York Music Publishers'
and Dealers' Association, Inc., was held at Castle
Cave. The banquet was in the form of a beef-
steak dinner and much in the way of entertain-
ment was programed. A full report of the affair
will appear in this department in the next issue
of The Review.
NEW WALTZ BY VALA LA LUCIA
Vala La Lucia, who wrote the waltz hit,
"'Neath the Hawaiian Moon," has written another
waltz number entitled "Beautiful Nights," which
will shortly be released by Chas. K. Harris. The
number has been placed in the firm's standard
catalog. In addition to the above, Chas. K. Har-
ris will shortly issue a new high-class number
entitled "Ching-a-Ling."
I'VE BEEN ALONGIN FOR YOU
300,000 COPIES IN
SIXTY DAYS
Order Direct or from the
J. W. J E N K I N S
MUSIC CO.
1013 Walnut Street,
KANSAS CITY, MO.
Rialto Theatre Bldg.,
BUTTE, MONT.
ARE YOU DERIVING THE BENEFITS OF THESE SALES?
READ WHAT ONE DEALER HAS WRITTEN US:—
Gentlemen:—
We have your letter with invoice and the same day received 500 copies
"I've Been a-Longin' For You." This song will be a very big seller judging the
way it has started. We have sold in three days over 200 copies and that's
remarkable for a new song. Better ship 500 more copies so we can be prepared
for the rush, but please ship by parcel post if possible.
ORDER
THIS
"BIG H I T " TODAY
AND INCREASE
YOUR
300,000 COPIES IN
SIXTY DAYS
Order Direct or from the
F. J. A. FORSTER
MUSIC CO.
SALES
FISHER THOMPSON MUSIC PUB. CO.
529 So. Wabash Avenue,
CHICAGO, ILL.
145 W. 45th Street,
NEW YORK CITY
THE
46
MUSIC TRADE REVIEW
NOVEMBER 22, 1919
ANSWER COMMISSION'S COMPLAINT
(Continued from page 45)
Golden Songs From the Golden West
ings of each association are attended by members of the
other association, who take part in such meetings; that
committees representing one association confer with com-
mittees representing the other association, and with others,
persons, firms, corporations or associations interested in
or engaged in publishing or dealing in musical publica-
tions in connection with and in relation to the matters
herein alleged ; that most of the members of the Music Pub-
lishers' Association of the United States are also members
of the National Association of Sheet Music Dealers; that
resolutions calculated or intended to result in increased
prices to the public and to the music profession have been
and are passed by one of said associations and at times
by its members or by part of them acting together, recom-
mending action by the other association and its members,
and that such resolutions have been and are ratified and
approved by such other association or by its members, or
some of them, and agreed to and carried out by its members
or a part of them.
ANSWER—Deny that the acts done in the course of busi-
ness by these defendants or any of them were unfair meth-
ods of competition or in violation of the provisions of sec-
tion B of an act of Congress, approved September 26,
1914, entitled "An act to create a Federal Trade Commis-
sion, to define its powers and duties and for other purposes."
PARAGRAPH FIVE—That in connection with the gen-
eral conspiracy and plans above alleged, and for the pur-
pose of supplementing and making more effective the work
of the associations of increasing and enhancing the price
which the public and the musical profession should be re-
quired to pay for musical publications, certain members of
said associations while gathered together- at times during
the periods fixed for the holding of the meetings of said
associations met and agreed together upon policies of in-
crease of price and upon uniform rates and schedules of
prices of certain classes of competitive musical publica-
tions and that pursuant to and as a result of such agree-
ments and understandings the rates and the prices of such
musical publications were so increased and advanced.
ANSWER—Allege that the cost of production and of Bale
and of royalties on the merchandise herein involved has
greatly increased, particularly in the past three years, and
that these defendants have at all times striven to correct
previously inherited poor business methods and to give greater
dignity to the industry, with a reasonable profit to all con-
cerned and better protection and profit to the public, of all
of which this commission was advised by these defendants.
PARAGRAPH SIX—That pursuant to the general con-
spiracy, plans and resolutions adopted by the said associa-
tions and agreed to by members thereof, the said National
Association of Sheet Music Dealers prepared and distributed
among the dealers of musical publications generally through-
out the United States and the District of Columbia, circulars,
pamphlets and other papers calculated to induce dealers, not
members of the said National Association of Sheet Music
Dealers, to conform to the enhanced, or increased prices
sought to be enforced by the said associations and the mem-
bers of said National Association of Sheet Music Dealers,
and thereby and by various letters and other communica-
tions and by personal solicitation endeavored to and did
persuade and induce music dealers not members of such Na-
tional Association of Sheet Music Dealers ta conform to such
standard of resale prices as fixed and agreed to by the re-
spondents aforesaid.
PARAGRAPH SEVEN—That as a resu:t of said con-
spiracy and co-operation between said two associations and
the members of said two associations, competition has been
largely eliminated and the price required to be paid by the
public and the musical profession for musical publications
has been greatly enhanced.
S. E. Philpitt's Answers
S. Ernest Philpitt's answers follow:
PARAGRAPH ONE - I am a member.
PARAGRAPH TWO—Denied.
Discounts started to become general in 1899 and list prices
accordingly were advanced. Music always has been and
always will be sold at various rates of discount by different
houses, both dealers and publishers, in different parts of the
country. Furthermore, a piece of music listed at 50 and 60
cents today was 30, 35 and 40. cents up to about 1890.
PARAGRAPH THREE—Denied as charged.
PEGGY
An Irresistible Melody Fox-Trot by Neil Moret and Harry Williams, Already Recorded by the
Better Phonograph and Player-Roll Companies and Played Nightly by t h e Most Successful
Orchestras Throughout the Country.
Please Do Not Confuse Neil Moret's " P e g g y " With Another Number of the Same Title.
"SOME NIGHT," Waltz With Words; "ROSE OF ROMANY," the Original
Gypsy Song; "SLOW AND EASY," an Indigo Fantasie.
BRANCH OFFICE
1 4 5 WEST 4 5 t h STREET.
NEW YORK
DANIELS & WILSON, Inc.
San
What line of merchandise has not in the past three years
advanced in the seling price to the public ? The natural
sequence of war and after war conditions, due to heavy taxa-
tion and advances in labor and material. Publishers being
forced to advance their prices to the dealer and the dealer
in order to exist and pay living salaries must advance his
price to secure an adequate return and be able to remain in
business.
PARAGRAPH FOUR—Meetings held but not for purposes
as charged.
Why have not such publishers being actively interested in
retail as well as wholesale the right to belong to both organ-
izations ? The ratification of a dealer's resolution by the
publishers is only a friendly act to aid the dealers in an
endeavor to solve our problems as dealers and save many
from bankruptcy as of the past.
PARAGRAPH FIVE—Denied.
The purpose as set forth by the dealers in their petition to
the Federal Trade Commission would protect the public. The
real selling price would in many cases compel the unscrupu-
lous dealer to sell at a much lower price than is now the
case and prevent the unscrupulous teacher charging 40 cents,
for a piece of music which she had purchased at ten cents,
the price which the publisher intended it to be sold, (although
following the present custom the fictitious price was printed
thereon). If the printed price is adopted the dealer who
desires to allow professional discounts may still do so. We
are not asking for restricted resale price.
PARAGRAPH SIX—Denied.
I know of no such circulars having been authorized or dis-
tributed and feel that this charge is unwarranted.
PARAGRAPH SEVEN—Denied.
What competition has been eliminated?
SUPPLEMENTARY—I cannot see what unfair methods
have been used for the past three years in our efforts to
substitute a price indicating the selling: price instead of the
present fictitious price, the selling price would indicate a real
value from which fictitious discounts could not reasonably
be made, whereas the present fictitious marked price is mis-
leading to the public and deceptive since it does not indicate
the value and places the public at the mercy of unscrupulous
dealers and profession in over charging, and encourages mis-
leading advertisements when quoting various discounts there-
from. Most any article upon the market today has a selling
price indicated thereon, this applies to books, patent medi-
cines, games, toilet articles and many others too numerous
to mention. We have only asked for a marked price indi-
cating the market value instead of a fictitious value and we
have solicited your honorable board's assistance to bring about
a condition which we believe in our own best judgment
would result in a decided protection for the general public
and we could not have come to you asking your assistance
with unclean hands.
The Jos. Morris Music Co. reports a big demand
for "Pretty Little Rainbow."
Francisco
FEIST NATIONAL ADVERTISING
Full Page Ads in Colors Used by Leo Feist,
Inc., in National Publications
Leo Feist, Inc., carried full page advertisements
in both the Saturday Evening Post and Collier's
Weekly, in the issues of November 15, on four
popular numbers from their catalog—"Freckles,"
"I Used to Call Her Baby," "Hawaiian Lullaby"
and "There's a Lot of Blue-Eyed Marys Down
in Maryland." The full page in Collier's is in two
colors and, according to an announcement re-
cently sent to the trade by the publishers, they
are planning and organizing a big national ad-
vertising campaign with practically all the lead-
ing magazines of the country, the publicity of
which will appear in colors. This is probably the
first time in the history of the music business
when an advertising campaign was inaugurated
by a sheet music publisher, where full page ad-
vertisements of popular songs have appeared in
color form.
NEW YORK PUBLISHERS MEET
On Tuesday night of this week the annual fall
dinner of the Greater New York Music Publishers'
and Dealers' Association, Inc., was held at Castle
Cave. The banquet was in the form of a beef-
steak dinner and much in the way of entertain-
ment was programed. A full report of the affair
will appear in this department in the next issue
of The Review.
NEW WALTZ BY VALA LA LUCIA
Vala La Lucia, who wrote the waltz hit,
"'Neath the Hawaiian Moon," has written another
waltz number entitled "Beautiful Nights," which
will shortly be released by Chas. K. Harris. The
number has been placed in the firm's standard
catalog. In addition to the above, Chas. K. Har-
ris will shortly issue a new high-class number
entitled "Ching-a-Ling."
I'VE BEEN ALONGIN FOR YOU
300,000 COPIES IN
SIXTY DAYS
Order Direct or from the
J. W. J E N K I N S
MUSIC CO.
1013 Walnut Street,
KANSAS CITY, MO.
Rialto Theatre Bldg.,
BUTTE, MONT.
ARE YOU DERIVING THE BENEFITS OF THESE SALES?
READ WHAT ONE DEALER HAS WRITTEN US:—
Gentlemen:—
We have your letter with invoice and the same day received 500 copies
"I've Been a-Longin' For You." This song will be a very big seller judging the
way it has started. We have sold in three days over 200 copies and that's
remarkable for a new song. Better ship 500 more copies so we can be prepared
for the rush, but please ship by parcel post if possible.
ORDER
THIS
"BIG H I T " TODAY
AND INCREASE
YOUR
300,000 COPIES IN
SIXTY DAYS
Order Direct or from the
F. J. A. FORSTER
MUSIC CO.
SALES
FISHER THOMPSON MUSIC PUB. CO.
529 So. Wabash Avenue,
CHICAGO, ILL.
145 W. 45th Street,
NEW YORK CITY
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