The Edison phonograph monthly (Mar 1903-Feb 1904)

EDISON PHONOGRAPH MONTHLY. ANOTHER DECISION SUSTAINING AND PROTECTING THE NATIONAL PHO= NOGRAPH COMPANY, ITS JOB= BERS AND DEALERS IN THE SALE OF EDISON PHONO= GRAPHS AND RECORDS. Below will be found copies of an order and an injunction recently entered in a suit brought by the National Phonograph Company, to prevent "The Fair," a department store in Chicago, from selling Edison Records procured by them without their signing the required Agreement. We might add in this connection, that "The Fair" has now signed Agreement with us, and will, we believe, hereafter live up to our Terms and Conditions in every respect. THE ORDER. Circuit Court of the United States. Northern District of Illinois, Northern Division. Monday, May 25, 1903. Present, Hon. Christian C. Kohlsaat, District Judge. EDISON PHONOGRAPH COMPANY, AND NATIONAL PHONOGRAPH COMPANY, vs. THE FAIR (a corporation). No. 26613. This cause coming on to be heard upon the pleadings the demurrer of defendant herein having been overruled, Mr. Charles K. Offield, appearing in behalf of complainants, and Mr. Walter Chamberlin, in behalf of defendant; and it appearing to the Court that the defendant does not further desire to contest this action, and admits the truth of the allegations of the Bill of Complaint, and has settled and paid to complainants the profits and damages asserted and contended for in said Bill of Complaint, now, therefore, it is Ordered, Adjudged and Decreed, that a perpetual injunction issue in' accordance with the prayer of said Bill of Complaint filed herein, and that the defendant pay the taxable Court costs in this action, and that this Decree thereupon and thereby is final. Northern District of Illinois, j ^ . Northern Division. f I Marshall E. Samps^ll, Clerk of the Circuit Court of the United States, for said Northern District of Illinois, do hereby certify the above and foregoing to be a true and complete copy of the Order entered of record in said Court on the twenty-fifth day of May, A. D. 1903, in the cause wherein Edison Phonograph Company and National Phonograph Company are the complainants and The Fair (a corporation) is the defendant, as the same appears from the original records of said Court now remaining in my custody and control. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said Court at my office in Chicago, in said District, this twenty-fifth day of May, [l' <P] I9°3" MARSHALL E. SAMPSELL, Clerk. THE INJUNCTION. United States Circuit Court. Northern District of Illinois, Northern Division. In Equity. EDISON PHONOGRAPH COMPANY, et ai_ Complainants, vs. THE FAIR (a corporation), Defendant. The President of the United States of America to The Fair* its officers, agents, attorneys, servants and workmen, and each and every of them. GREETINGS: Whereas in a certain final decree made in our Circuit Court of the United States for the Northern District of Illinois, Northern Division, on the twenty-fifth day of May, 1903, in a certain case therein depending wherein Edison Phonograph Company and National Phonograph Company are complainants and the said The Fair is defendant, it was ordered, adjudged and decreed that a perpetual injunction should issue against you, the said The Fair, in accordance with the prayer of the complainants' bill of complaint filed therein; we therefore, in consideration of the premises, do hereby strictly enjoin and command you, the said The Fair, your Officers, agents, attorneys, servants and workmen, under the penalty that may fall thereon, that you and every of you do from henceforth and forever absolutely desist and refrain from directly or indirectly using or causing to be used, selling or causing to be sold, any apparatus, articles or devices, embodying or constructed or operating in accordance with the inventions and improvement set forth in Letters Patent of the United States numbered 386,974 and 382,418 respectively, without the license of the said complainants Witness, Melville W. Fuller, Chief Justice of our Supreme Court, this -twelfth day of June, 1903. [Seal]. MARSHALL E. SAMPSELL, Clerk. Offield, Towle & Linthicum. Howard W. Hayes, Solicitors. Service accepted of the above injunctional order; WALTER H. CHAMBERLIN, June 13, 1903. For Defendant. INSTALMENT PLANS FOR SELLING PHONOGRAPHS. Some weeks ago a Western Jobber wrote to our Sales Department with reference to the plan followed by Dealers who make a feature o£ selling Phonographs and Records on the instalment or easy payment plan. The reply of the Sales Department covered the ground so fully that it is printed below: Replying to that portion of yours of the 6th inst, relative to plan adopted by Dealers in selling Phonographs on the instalment, easypayment, weekly or monthly payment basis, we have made inquiry of six different Dealers in this city, who do a very large business in this manner, and find their system to be as follows : They add to list price of machines, with regular outfit, as follows : Gem, $2 to $3 ; Standard, $2 to $3 ; Home, $3 to $5 ; Triumph, $5 to $10. Terms of payment as follows : In one case $1 down on any outfit, and $1 per week until paid for. In all other cases, first payment runs $3 down on Gem, $5 on Standard, $10 on Home, and from $15 to $20 on Triumph, with weekly payments of $1 per week until full amount is paid. In no case are Records or accessories, such as large size horns, Record cases, etc., included on 'the instalment basis. Such goods are cash down. In all cases a lease is taken, which makes the outfit the property of the Dealer until it is paid for in full. Any Dealer taking up the instalment business can, of course, use such agreement or lease as he thinks best. In talking this method of doing business over with our different Dealers here, we find it is a very successful one, and they all report the percentage of loss on instalment business is less than on their regular credit business. Writer knows, from personal investigation, that all of the six dealers referred to have made a lot of money by selling our apparatus in this manner, and as this system of selling goods is being taken up more extensively every day, and in almost every city in the country, fully believes if you will take it up and be the pioneers in that direction in your city, you would meet with unqualified success.