Presto
Issue: 1923 1933 - Page 11
August 11, 1923
EDUCATION AND
CULTURE DISTINCT
That Is View Held by Treasury Department,
Considering Right of Parent to Give
Liberty Bond of Minor Child
for Piano Payment.
The Music Industries Chamber of Commerce is
endeavoring to cause the Treasury Department to
recognize that a musical education is a proper part
of education generally as applied to Treasury Depart-
ment regulations which make it impossible for a
parent to transfer a registered Liberty bond of a
minor child to a merchant in part payment for a
piano or other musical instrument, even though the
instrument may be purchased for the purpose of en-
abling the child to obtain a musical education.
The Treasury Department now apparently makes
a distinction between education which is sought
chiefly for the purpose of social or cultural benefit,
and education which is sought as a direct means of
livelihood; and states that itr case of a musical edu-
cation of the latter type the Department might allow
the transfer of the registered bond of the minor.
Parents' Rights Limited.
The Department makes clear that it is guided by
the fact that even a parent has no legal right to dis-
pose of property owned by his minor child. The
only exception which the Department will make in
order to relax the very strict requirements of the
law is when the requirements would etail actual
hardship or deprivation.
It thus appears cleverly that any dealer who takes
as a payment for an instrument a Liberty bond which
was originally registered in the name of a minor is
running an extremely great risk of not being able to
either sell the bond now or cash it in at the date of
maturity.
The latest communication from the Department
which outlines this situation in detail is in part as
follows:
The Official Statement.
"In considering the question presented, the fol-
lowing facts must constantly be borne in mind:
First, that the above quoted provisions of the said
Sixth Supplement do not apply to any case in which
there is a legally qualified guardian. Legal qualifi-
cation in substantially all the states requires appoint-
ment by a court of competent jurisdiction. Second,
that registration in the name of the minor or in a
form substantially similar to 'John Jones, a minor,
by Samuel Jones, father, natural guardian,' vests
title to the security in the minor. Third, a parent as
such or as natural guardian has in general no power
or right to dispose of property owned by his minor
child. Such property can legally be sold or trans-
ferred only by a legally qualified guardian. Fourth,
that parents as such are legally bound to support and
educate with their own funds their minor children
furnishing such support and education as is appro-
priate for the children with due consideration of
their station in life, and that such parents are not
entitled to use for this purpose property of the
children themselves.
What Is Required.
"Based upon these considerations, the Department
will require assignment by a legally qualified guar-
dian for any transfer or exchange of registered se-
curities owned by minors, with one exception: that
where the gross estate of the minor does not exceed
$500 in value and where the parents are financially
unable upon the evidence submitted to furnish proper
support and education from their own funds, the
Department will upon a proper showing permit the
sale of registered securities in the name of the child
upon assignment by the parent as natural guardian.
"This provision is intended to relav the strict re-
ouirements of the law where the requirements would
entail actual hardship or deprivation as the result of
the expense incident to the appointment of a legally
qualified guardian. It cannot be taken advantage of
unless it can be definitely shown, first, that the
parents are financially unable to furnish support and
education in accordance with the child's station in
life: second, that the proceeds of the sale are actu-
ally necessary in order that the child may receive
the support and education to which he is entitled, and
that such proceeds are actually to be used for that
purpose. In general the Department will require
evidence which would justify a judge of a court of
probate in authorizing the sale by a legal guardian
of the principal of the child's estate for the purposes
of support and education.
"I recognize that it is not inconceivable that cases
might arise where a musical education is sought as
a direct means of livelihood and certain cases of this
description might come within the provisions of that
portion of the Sixth Supplement to. which I have
11
PRESTO
referred. Where, however, as in most cases which
have been presented to the Treasury, a musical edu-
cation is sought principally .or entirely for the pur-
pose of social or cultural benefit, I am unable to con-
cede that such education is actually necessary, within
the meaning of the regulations.
"By direction of the Secretary:
"GARRARD B. WINSTON,
"Assistant Secretary of the Treasury."
POOLE PIANO FEATURED
BY NEW VERMONT DEALER
Brazil Music Shop, Bellows Falls, Managed by Am-
bitious and Energetic Owner.
The fine line of the Poole Piano Co., Boston, is
featured by the Brazil Music Shop in Bellows Falls,
Vt. The store is owned by A. S. Brazil, who re-
cently bought out the interests in the general music
business of the Mason Music Co., and changed the
firm title.
Mr. Brazil is well known in that section of the
country as an accomplished musician and orchestra
leader. He formerly lived in Keene, N. H., where he
conducted the Keene City Band, and he has also con-
ducted the Brazil Blue Band and the Brazil Melody
Boys, the two latter being dance orchestras which he
organized several years ago.
With musical abilities Mr. Brazil possesses un-
doubted commercial ones, and the manner in which
he is presenting the fine pianos of the Poole Piano
Co., is evidence of their effectiveness. In buying
the Mason Music Co., has realized a lifetime ambi-
tion to become a music dealer and he at once put his
plans for conducting the store along modern lines
into operation. Already he has rearranged and re-
decorated the exterior and interior of the store and
has made a live, up-to-date shop of his quarters in
every way.
John McCormack
f a m o u s tenor, says,
"The Micssner Piano certainly fills a iong-felt want, the
want of a small piano with a splendid action and lovely tone"
Write Today for Miesiner catalogue, prices anJ full
information
^'MIESSNER
The Little Piano with the Big Tone
MIESSNER PIANO CO.
General Offices & Factory, 126 Reed St.
MILWAUKEE, WIS.
STRICH & ZE1DLER, Inc.
GRAND, UPRIGHT and PLAYER
AND
HOMER PIANOS
740-742 East 136th Street
NEW YORK
MILTON CHOICE FOR TRENTON
PRESBYTERIAN CHURCH
Another Evidence of the Activity of the G. A.
Barlow's Sons Co.
The G. A. Barlow's Sons Company, Trenton, N.
J., dealers in pianos made by the Milton Piano Co.,
New York, recently installed a Milton piano in the
First Presbyterian Church of Princeton, N. J. This
is the fourth Milton piano that the G. A. Barlow's
Sons Company has sold to institutions in the past
three or four weeks.
The G. A. Barlow's Sons Company, in common
with other dealers throughout the country, finds the
Milton to be an especially attractive instrument for
institutional use. The company finds that its fine
tone and artistic appearance are well adapted to
public use by any hands under any circumstances,
while the care with which it is built enables it to
withstand hard usage and display remarkable dura-
bility; the production methods of the Milton Piano
Company make possible the use of high quality
materials and a very reasonable selling price.
WHAT IS A RETAILER?
The separate functions of the retailer, wholesaler
and manufacturer in every industry will be defined
by the division of domestic commerce of the Depart-
ment of Commerce, with a view to eliminating the
overlapping and duplication of activities, as one of
the first steps to be taken as a result of the recent
retail conference held in Washington. The music
and other trades will be asked to define the functions
of the various branches—manufacturer, wholesaler
and retailer—so that the information may be studied
in the division of domestic commerce and plans made
for the elimination of waste in distribution.
NEW INDIANA DEALER.
Remodeling of the interior of the R. H. Wisker
store of Broadway and Harrison streets, Shelbyville,
Ind., has been completed and Mr. Wisker has added
a line of Baldwin pianos for which he has taken the
Shelby county agency. He has been engaged in
business here for several years, and about two years
ago, purchased the establishment where he is now
located.
MOVES IN KEENE, N. H.
The Bedell Piano Co., Keene, K. H., has moved
from its old location in Roxbury street, to a larger
store on Main street. The new store is in one of the
most desirable locations in the business section of the
city, with wareroom space considerably greater than
in the one previously occupied by the company. It
is equipped with every modern convenience known to
the merchandiser of musical instruments.
GRAND-PIANO
58 Inches Long
Tbe belt exponent of the present Baby Grand Age.
Iti tone — i£t lines — HM restricted space reQuirwmunt and
Attractive price—
MAKE IT THE PREMIER AGENCY
Get full details of this valuable selling franchise NOW.
Premier Grand Piano Corporation
Largect Institution in the World Building Grand
Pianos Exclusively
WALTER C BEPPERLA
Pr..3Ut
JUSTUS HATTEMER
Vke-Preiifcat
510-532 West /3rd Street
NEW YORK
The Good Old
SMITH & NIXON
CINCINNATI
Pianos and Player Pianos
Better than ever, with the same
"Grand Tone In Upright Case.' 1
Grands and Players that every deal-
er likes to sell, for Satisfaction and
Profit.
Smith & Nixon Piano Co.
1229 Miller St., Chicago
When in doubt refer to
PRESTO BUYERS GUIDE
Enhanced content © 2008-2009 and presented by MBSI - The Musical Box Society International (www.mbsi.org) and the International Arcade Museum (www.arcade-museum.com).
All Rights Reserved. Digitized from the archives of the MBSI with support from NAMM - The International Music Products Association (www.namm.org).
Additional enhancement, optimization, and distribution by the International Arcade Museum. An extensive collection of Presto can be found online at http://www.arcade-museum.com/library/
EDUCATION AND
CULTURE DISTINCT
That Is View Held by Treasury Department,
Considering Right of Parent to Give
Liberty Bond of Minor Child
for Piano Payment.
The Music Industries Chamber of Commerce is
endeavoring to cause the Treasury Department to
recognize that a musical education is a proper part
of education generally as applied to Treasury Depart-
ment regulations which make it impossible for a
parent to transfer a registered Liberty bond of a
minor child to a merchant in part payment for a
piano or other musical instrument, even though the
instrument may be purchased for the purpose of en-
abling the child to obtain a musical education.
The Treasury Department now apparently makes
a distinction between education which is sought
chiefly for the purpose of social or cultural benefit,
and education which is sought as a direct means of
livelihood; and states that itr case of a musical edu-
cation of the latter type the Department might allow
the transfer of the registered bond of the minor.
Parents' Rights Limited.
The Department makes clear that it is guided by
the fact that even a parent has no legal right to dis-
pose of property owned by his minor child. The
only exception which the Department will make in
order to relax the very strict requirements of the
law is when the requirements would etail actual
hardship or deprivation.
It thus appears cleverly that any dealer who takes
as a payment for an instrument a Liberty bond which
was originally registered in the name of a minor is
running an extremely great risk of not being able to
either sell the bond now or cash it in at the date of
maturity.
The latest communication from the Department
which outlines this situation in detail is in part as
follows:
The Official Statement.
"In considering the question presented, the fol-
lowing facts must constantly be borne in mind:
First, that the above quoted provisions of the said
Sixth Supplement do not apply to any case in which
there is a legally qualified guardian. Legal qualifi-
cation in substantially all the states requires appoint-
ment by a court of competent jurisdiction. Second,
that registration in the name of the minor or in a
form substantially similar to 'John Jones, a minor,
by Samuel Jones, father, natural guardian,' vests
title to the security in the minor. Third, a parent as
such or as natural guardian has in general no power
or right to dispose of property owned by his minor
child. Such property can legally be sold or trans-
ferred only by a legally qualified guardian. Fourth,
that parents as such are legally bound to support and
educate with their own funds their minor children
furnishing such support and education as is appro-
priate for the children with due consideration of
their station in life, and that such parents are not
entitled to use for this purpose property of the
children themselves.
What Is Required.
"Based upon these considerations, the Department
will require assignment by a legally qualified guar-
dian for any transfer or exchange of registered se-
curities owned by minors, with one exception: that
where the gross estate of the minor does not exceed
$500 in value and where the parents are financially
unable upon the evidence submitted to furnish proper
support and education from their own funds, the
Department will upon a proper showing permit the
sale of registered securities in the name of the child
upon assignment by the parent as natural guardian.
"This provision is intended to relav the strict re-
ouirements of the law where the requirements would
entail actual hardship or deprivation as the result of
the expense incident to the appointment of a legally
qualified guardian. It cannot be taken advantage of
unless it can be definitely shown, first, that the
parents are financially unable to furnish support and
education in accordance with the child's station in
life: second, that the proceeds of the sale are actu-
ally necessary in order that the child may receive
the support and education to which he is entitled, and
that such proceeds are actually to be used for that
purpose. In general the Department will require
evidence which would justify a judge of a court of
probate in authorizing the sale by a legal guardian
of the principal of the child's estate for the purposes
of support and education.
"I recognize that it is not inconceivable that cases
might arise where a musical education is sought as
a direct means of livelihood and certain cases of this
description might come within the provisions of that
portion of the Sixth Supplement to. which I have
11
PRESTO
referred. Where, however, as in most cases which
have been presented to the Treasury, a musical edu-
cation is sought principally .or entirely for the pur-
pose of social or cultural benefit, I am unable to con-
cede that such education is actually necessary, within
the meaning of the regulations.
"By direction of the Secretary:
"GARRARD B. WINSTON,
"Assistant Secretary of the Treasury."
POOLE PIANO FEATURED
BY NEW VERMONT DEALER
Brazil Music Shop, Bellows Falls, Managed by Am-
bitious and Energetic Owner.
The fine line of the Poole Piano Co., Boston, is
featured by the Brazil Music Shop in Bellows Falls,
Vt. The store is owned by A. S. Brazil, who re-
cently bought out the interests in the general music
business of the Mason Music Co., and changed the
firm title.
Mr. Brazil is well known in that section of the
country as an accomplished musician and orchestra
leader. He formerly lived in Keene, N. H., where he
conducted the Keene City Band, and he has also con-
ducted the Brazil Blue Band and the Brazil Melody
Boys, the two latter being dance orchestras which he
organized several years ago.
With musical abilities Mr. Brazil possesses un-
doubted commercial ones, and the manner in which
he is presenting the fine pianos of the Poole Piano
Co., is evidence of their effectiveness. In buying
the Mason Music Co., has realized a lifetime ambi-
tion to become a music dealer and he at once put his
plans for conducting the store along modern lines
into operation. Already he has rearranged and re-
decorated the exterior and interior of the store and
has made a live, up-to-date shop of his quarters in
every way.
John McCormack
f a m o u s tenor, says,
"The Micssner Piano certainly fills a iong-felt want, the
want of a small piano with a splendid action and lovely tone"
Write Today for Miesiner catalogue, prices anJ full
information
^'MIESSNER
The Little Piano with the Big Tone
MIESSNER PIANO CO.
General Offices & Factory, 126 Reed St.
MILWAUKEE, WIS.
STRICH & ZE1DLER, Inc.
GRAND, UPRIGHT and PLAYER
AND
HOMER PIANOS
740-742 East 136th Street
NEW YORK
MILTON CHOICE FOR TRENTON
PRESBYTERIAN CHURCH
Another Evidence of the Activity of the G. A.
Barlow's Sons Co.
The G. A. Barlow's Sons Company, Trenton, N.
J., dealers in pianos made by the Milton Piano Co.,
New York, recently installed a Milton piano in the
First Presbyterian Church of Princeton, N. J. This
is the fourth Milton piano that the G. A. Barlow's
Sons Company has sold to institutions in the past
three or four weeks.
The G. A. Barlow's Sons Company, in common
with other dealers throughout the country, finds the
Milton to be an especially attractive instrument for
institutional use. The company finds that its fine
tone and artistic appearance are well adapted to
public use by any hands under any circumstances,
while the care with which it is built enables it to
withstand hard usage and display remarkable dura-
bility; the production methods of the Milton Piano
Company make possible the use of high quality
materials and a very reasonable selling price.
WHAT IS A RETAILER?
The separate functions of the retailer, wholesaler
and manufacturer in every industry will be defined
by the division of domestic commerce of the Depart-
ment of Commerce, with a view to eliminating the
overlapping and duplication of activities, as one of
the first steps to be taken as a result of the recent
retail conference held in Washington. The music
and other trades will be asked to define the functions
of the various branches—manufacturer, wholesaler
and retailer—so that the information may be studied
in the division of domestic commerce and plans made
for the elimination of waste in distribution.
NEW INDIANA DEALER.
Remodeling of the interior of the R. H. Wisker
store of Broadway and Harrison streets, Shelbyville,
Ind., has been completed and Mr. Wisker has added
a line of Baldwin pianos for which he has taken the
Shelby county agency. He has been engaged in
business here for several years, and about two years
ago, purchased the establishment where he is now
located.
MOVES IN KEENE, N. H.
The Bedell Piano Co., Keene, K. H., has moved
from its old location in Roxbury street, to a larger
store on Main street. The new store is in one of the
most desirable locations in the business section of the
city, with wareroom space considerably greater than
in the one previously occupied by the company. It
is equipped with every modern convenience known to
the merchandiser of musical instruments.
GRAND-PIANO
58 Inches Long
Tbe belt exponent of the present Baby Grand Age.
Iti tone — i£t lines — HM restricted space reQuirwmunt and
Attractive price—
MAKE IT THE PREMIER AGENCY
Get full details of this valuable selling franchise NOW.
Premier Grand Piano Corporation
Largect Institution in the World Building Grand
Pianos Exclusively
WALTER C BEPPERLA
Pr..3Ut
JUSTUS HATTEMER
Vke-Preiifcat
510-532 West /3rd Street
NEW YORK
The Good Old
SMITH & NIXON
CINCINNATI
Pianos and Player Pianos
Better than ever, with the same
"Grand Tone In Upright Case.' 1
Grands and Players that every deal-
er likes to sell, for Satisfaction and
Profit.
Smith & Nixon Piano Co.
1229 Miller St., Chicago
When in doubt refer to
PRESTO BUYERS GUIDE
Enhanced content © 2008-2009 and presented by MBSI - The Musical Box Society International (www.mbsi.org) and the International Arcade Museum (www.arcade-museum.com).
All Rights Reserved. Digitized from the archives of the MBSI with support from NAMM - The International Music Products Association (www.namm.org).
Additional enhancement, optimization, and distribution by the International Arcade Museum. An extensive collection of Presto can be found online at http://www.arcade-museum.com/library/
Future scanning projects are planned by the International Arcade Museum Library (IAML).