The Edison phonograph monthly (Jan-Dec 1911)

Edison Phonograph Monthly, Feb. ,1911 11 Price Cutting Enjoined on Other Side of the Globe Below is an extract from the Australian Edison Phonograph Monthly of November, 1910, which is reprinted here to show how the system under which Edison goods are sold is being enforced at the Antipodes: "AN INJUNCTION of the SUPREME COURT OF NEW SOUTH WALES In Equity fully supports the EDISON AGREEMENT. "The case we recite below was a particularly unhappy one, for the reason that the Defendant was a successful Dealer in Edison Goods for some time, but, we believe on account of pressure of other business, he ultimately decided to give up handling Talking Machine goods. "Although aware of the conditions under which he held the Edison Goods, the Defendant was ill-advised enough to advertise such goods for sale at less than full list prices, with the result that the Company, through their counsel, made application to the Court for an Injunction restraining the Defendant from further handling, selling, or dealing in the Edison Goods in any manner whatsoever, and an Order of the Court was issued in the words and forms following: "IN THE SUPREME COURT ) "OF NEW SOUTH WALES > No. 3762 of 1910. "IN EQUITY. ) "BETWEEN the National Phonograph Company, of Australia, Limited, Plaintiffs, "AND "R. H. Hunter, Defendant. "FRIDAY, the fifth day of August, in the year one thousand nine hundred and ten, UPON MOTION this day made to the Honorable Henry Simpson, Chief Judge in Equity, by Mr. Lingen, of Counsel on behalf of the Plaintiffs, upon hearing read the statement of claim and the affidavit of Frederick Lawrence Thomson, sworn on this day, and the exhibits annexed AND the plaintiff, by their said Counsel, undertaking to abide by any order this Court may make as to damages in case the Court shall hereafter be of opinion that the Defendant shall have sustained any by reason of this order which the Plaintiffs ought to pay, THIS COURT DOTH ORDER that the defendant be restrained until Friday, the twelfth day of August instant, from selling or offering for sale, directly or indirectly, Edison Phonographs or parts thereof or Edison Records or Blanks at prices less than current list prices unless authorized to do so by the plaintiffs in writing; AND THIS COURT DOTH FURTHER ORDER that the plaintiffs are to be at liberty to serve the defendant with short notice of motion for Friday, the twelfth day of August instant, for an order continuing the injunction hereby granted until the hearing of this suit or further order, AND the Plaintiffs are to be at liberty to serve copies of the affidavit filed and to file and serve further affidavits in support of such application, AND this m Court doth further order that the costs of this application be costs in the motion, AND this Court doth lastly order that the Deputy Registrar in Equity do sign and otherwise perfect this order. "Passed 9th August, A. D. 1910. "Entered same day. "(Signed) W. H. HARGRAVES, "Deputy Registrar in Equity. "This order was held in force until 9th September, 1910, when a Decree of the Supreme Court was issued as follows: — "IN THE SUPREME COURT ) "OF NEW SOUTH WALES [ No. 3762 'of 1910. "IN EQUITY. ) "BETWEEN the National Phonograph Company, of Australia, Limited, Plaintiffs, "AND "R. H. Hunter, Defendant. "FRIDAY, the twelfth day of August, one thousand nine hundred and ten, UPON MOTION this day made to the Honorable Archibald Henry Simpson, Chief Judge in Equity, by Mr. Lingen, of Counsel on behalf of the Plaintiffs. WHEREUPON AND UPON reading the statement of Claim herein the notice of motion filed herein on the fifth day of August instant, the memorandum of appearance the affidavit of Frederick Lawrence Thomson, sworn herein on the fifth day of August instant, AND UPON HEARING the said Counsel for the Plaintiffs and Mr.Asher, the Solicitor for the Defendant, AND all parties consenting to this motion being turned into a motion for Decree AND to the following order, THIS COURT DOTH ORDER THAT the Defendant be and he is hereby perpetually restrained from selling or offering for sale, directly or indirectlv, EDISON PHONOGRAPHS or parts thereof or Edison Records or Blanks at prices less than current list prices unless authorized to do so by the Plaintiffs in Writing, AND THIS COURT doth further order that it be referred to the Master in Equity to tax and certify the Plaintiff's costs of this suit and that the same when so taxed and certified be paid by the Defendant to the Plaintiffs within fourteen days after service of an office copy of the certificate of such taxation. "Passed 9th September, A. D. 1910. "Entered same day. "(Signed) H. POWELL, "Master in Equity. "It is hardly necessary for us to enlarge on the above particulars in order to point a warning to any Edison Dealers who may hold the Edison Agreement lightly, but we will here affirm that it is our unswerving intention to maintain our one price policy throughout this territory at whatever cost, for it is on this Policy that the whole Trade rests for a fair return of capital invested and the prevention of illegitimate price-cutting competition. "We urge the Trade to assist all they can in keeping the Edison ranks clean, for by so doing they are helping themselves and are putting their business on a foundation of unassailable strength." Lost or Stolen Machines Home Phonographs Nos. 393,011 D and 391,114 have disappeared. Jobbers and Dealers are requested to keep on the lookout for these machines and to promptly communicate with our Agreement Dept., at Orange, any clue to their whereabouts, in order that immediate steps may be taken to restore them to their rightful owners. Correction Our attention has been called to a slight error in Dealers' Order Blank for April whereby the Jobber is instructed to "ship March Records on March 24th." instead of "April Records." The error is so palpable that it is not likely to cause confusion. WANTED— Dealers in all cities not now represented to handle the Edison Business Phonograph. The demand for this up-to-date device for handling business correspondence is rapidly growing and Dealers who take on this line now will not only profit from the start but will have a franchise that will be more and more valuable as time passes. Write for particulars to Edison Business Phonograph Co., Orange, N. J.