The Edison phonograph monthly (Mar 1904-Feb 1905)

EDISON PHONOGRAPH MONTHLY. it FINAL DECREES IN THE WITTMANN CASES. Copies of the final decrees in the suits of the Edison Phonograph Co. against The Wittmann Co. , and the National Phonograph Co. against The Wittmann Co., are given below. The Wittmann Co., were formerly Jobbers in Edison Phonographs and Records at Kansas City, Mo., and Omaha and Lincoln, Neb. About two years ago they had a disagreement with the National Phonograph Co., and violated their agreement by cutting prices. Then when we refused to supply them with goods, they bought surreptitiously from others and removed the serial numbers from Phonographs to avoid detection. Suits for price cutting and infringement of patents were brought against them and vigorously fought by this company, resulting in our favor United States Circuit Court, District of Nebraska NATIONAL PHONOGRAPH COMPANY, \ No. 97. Complainant, J Doc. V vs. FINAL THE WITTMANN COMPANY, I DECREE. Defendant. / This cause came on to be heard at this term and was argued by counsel ; and thereupon, upon consideration thereof, it was ORDERED, ADJUDGED and DECREED as follows : That The Wittmann Company, defendant above nan ed, its associates, officers, managers, attorneys, servants, clerks, agents and workmen be, and they are hereby jointly and severally permanently and perpetually injoined from directly or indirectly advertising or offering for sale, aud from directly or indirectly selling or cau;-ing to be sold, at prices less than the prices designated and fixed in the terms aud conditions of the contract alleged and described and referred to in the above named complainant's Bill of Complaint, any and all phonographs, phonograph records or blanks furnish* d or sold by the said complainant. National Phonograph Company, to the said defendant, The Wittmann Company, and its predecessors, as alleged in the said Bill of Complaint. * * * * * * * * *-* Dated this 30th day of De em'erA D. 1903. W. H. MUNGER, Judge. Endorsed : Filed December 30, 1903 GEO. H. THUMMEL, Clerk. UNITED STATES OF AMERICA. 1 Distiict of Nebraska . \ '' I, Geo. H. Thummel, Clerk of the 0'rcuit Court of the United States for the Distuct of Nebra-ka, do hereby certify the above and foregoing to be a true and correct copy of the Journal Entry proceedings of said court in the above entitle.! action as the same appears of record in my office. Witness my hand and seal of said court at [seal] Omaha, in said District, this 5th day of March A. D. 1904. GEO. H. THUMMEL, Clerk. Attached to said copy of Order of Court is Return of U. S. Marshal in words and figures following, to wit : Return on Service of Writ. UNITED STATES OF AMERICA, / District of Nebraska. ( I hereby certify and leturn that I served the annexed Order of Court on the therein named The Wittmann Company b}' handing to and leaving a true and correct copy theieof with Otto Wittmann, as Vice-President of the said The Wittmann Company, he being the highest officer found in my district, personally at Lincoln, Nebraska, in said district on the 7th day of March A. D. 1904. T. S. MATHEWS. U. S. Marshal. By JAMES WALLING, Deputy. ********** Filed March 9, 1904. GEO H. THUMMEL, Clerk. United States Circuit Court, District of Nebraska EDISON PHONOGRAPH COMPANY \ No. 101. Doc. V Complainant. I vs. FINAL THE WITTMANN COMPANY, DECREE. Defendant. / This cause came on to be heard at this term, and was argued by counsel ; and thereupon, upon consideration thereof, it was ORDERED. ADJUDGED and DECREED as follows : That The Wittmann Com panv, defendant above named, and its associates, officers, managers, attorneys, servants, clerks, agents and workmen be, and they are hereby jointlv and severallv, perpetually and permanently injoined from directly or indirectlv using or causing to be used, advertising or offering for sale, selling or causing to be so'd. any phonograph machines or apparatus descibed in the said complainant's Bill of Complaint herein, not licenced by or contrary to the license of the Edison Phonograph Company, complainant mentioned in the Bill of Complaint, embodying or constructed or operated in accordance with the inventions or improvements set forth in the Letters Patent mentioned, set forth an! described in the said complainant's said Bill of Complaint. ********** Dated this 30th dav of December A. D. 1903 W. H. MUNGER, Judge. Endorsed : Filed December 30. 190-7. GEO. H. THUMMEL, Clerk. UNITED STXTES OF AMERICA.) District of Nebraska. ( ss I, Geo. H. Thummel, Clerk of the Circuit Court of the United Slates for the District of Nebraska, do hereby certify the above and foresoing to be a true aud correct copy of the Journal Entry of the proceedings of said court, in the above entitled action as the same apptars of record in my office. Witness my hand and ?eal of said court at [sealJ Omaha, in said District this 5th day of March A. D. 1904. GEO. H. THUMMEL. Clerk. Attached to said Copy of Order is Return of the U. S. Marshal, in words and figures following, to wit : Return on Service of Wkit. UNITED STATES OF AMERICA I District of Nebraska. j ss I hereby certify and return that I served the annexed order of court on the therein named The Wittmann Company by handing to and leaving a true and correct copy thereof with Otto Wittmann, as Vice President of the said The Wittmann Company, he being the highest officer found in my district, personally at Lincoln, in said District on the 7th day of March A. D. 1904. T. L. MATHEWS, U. S. Marshal. By JAMES WALLING, Deputy. ********** Filed March 9, 1904. GEO. H. THUMMEL, Clerk. CALLS ON THE FARMERS. A Maine dealer writes : "I have a wide range of rural people to whom I shall carry my goods as soon as we get rid of our four feet of snow. I have sold goods to the people in this way for twenty years, and there are thousands of country folks who will buy Phonographs if they can only have them brought to them and played to them at home. When they go to the city their money goes before they get round to the Phonograph." This Dealer has_the right idea about push ing the sale of Edison goods. Nor does the plan apply to his territory alone. It can be followed with profit by any Dealer located in a farming or other sparsely settled country. When a Phonograph is taken into a farmer's home, where he and his family can hear and ask questions in their own way, it makes a much different impression upon them than it would if they called at a store to hear it. If they are at all interested in music they can hardly fail to become purchasers sooner or later. A Dealer will be doubly sure of his welcome if he arranges in advance for his visit.