The talking machine world (Jan-Dec 1909)

THE TALKING MACHINE WORLD. DEMURRER IS SUSTAINED And the Bill Brought Against the Hawthorne & Sheble Co. by Victor Co. Is Dismissed. The demurrer of the Hawthorne & Sheble Mfg. Co., manufacturers of talking machines, records, horns, etc., Philadelphia, Pa., to the bill of complaint by the Victor Talking Machine Co., Camden, N. J., charging the defendants with infringing patent No. 832,896, known as the Dennison hollow arm patent, was sustained and the bill dismissed by Judge McPherson, United States Circuit Court, Philadelphia, on March 12, for lack of invention. The opinion in full follows: "It is true that the improvement covered by the patent in suit (No. 832,896) is prima facie novel; the grant of letters carries with it such a presumption, but the presumption must give way if the court is clearly convinced, from examining the improvement, that the element of invention does not appear. In my opinion, such a situationis presented, as it seems to me no invention is disclosed by the device in question. What the patentee did was simply to take the old amplifying horn of a talking machine, cut it in two for reasons of convenience, and provide well-known means for refastening the parts when the occasion to operate the machine should arise. The specification does not refer to the reasons that suggested the change of construction, but they are thus stated — and no doubt correctly stated— in the brief of complainant's counsel: " 'It will be evident to this honorable court that a talking machine having an amplifying horn, such as is shown at 11 in Figure 1 of the drawings, immovably fixed to its supporting bracket, would be most unsuitable for transportation and shipping purposes; and furthermore, when not in use, the amplifying horn would occupy a large amount of unnecessary spate, and if it should be desired to store the talking machine having its amplifying horn immovably mounted upon its bracket the clumsiness and inconvenience of handling and storing the talking machine will be obvious. And furthermore, it may be desired to change horns.' "As thus stated, all this is 'evident,' and I think that the device of the patent by which these inconveniences are avoided is evident also, and did not call for the exercise of the inventive faculty, but merely for such skill as a capable artisan is not likely to lack. The demurrer is sustained and the bill is dismissed." Indorsed: U. S. C. C, E. D. of Pennsylvania. No. 179 October Session, 1908. Victor Talking Machine Co. against Hawthorne & Sheble Mfg. Co. Opinion-, McPherson, J., sustaining demurrer; filed March 12, 1909. Henry B. Robb, clerk. A motion for an appeal has been filed. PIANO DEALERS FALLING IN LINE And Taking on Talking Machines — Increasing Number Join Jobbers' Association. It will be noticed that of the ten new members of the National Association of Talking Machine Jobbers, whose applications were favorably acted upon by the executive committee at their meeting in Columbus, O., on March 28, all are piano dealers with the exception of a couple. They are representative firms in their respective localities and therefore valued acquisitions to this live, progressive and practical organization. CHANGE IN FIRM NAME. The Rhodes & Haverty Furniture Co., Savannah, Ga., large dealers in Columbia graphophones in that city and vicinity, have changed their firm name to the Haverty Furniture Co. PACIFIC PHONOGRAPH CO. FORMED. The Pacific Phonograph Co., of San Francisco, Cal., has been incorporated. The object of this company is to take over the talking machine department of the Kohler & Chase Co., and keep it as a distinctly separate institution. BOTH SING AND TALK. Combined Talking and Exhibiting Machines. In view of the success which is obtained by the moving picture apparatus, the idea naturally occurred to use the phonograph in connection with it, so as to hear the voice at the same time that we see the picture. Among such devices is a combined talking and picture-exhibiting machine recently devised and patented by a New York man. At the top is an opening for viewing the pictures, and adjacent thereto, where they will come in contact with the ears of the user, are sound tubes. The latter are adjustable to accommodate the many sizes of heads naturally encountered. In making the pictures for these moving pictures that sing and talk, the actor takes his position before the camera and his movements are photographed. Coupled with the moving picture machine is a phonograph. While the latter is repeating the actors' words he goes through the necessary motions to accompany the words. The moving picture machine thus secures the photographic record of the series of gestures during the whole time that the phonograph is working. Duplicates of the pictures are then made from the -original for use in the penny-in-the-slot machine, the mechanism operating the phonograph in conjunction with the moving of the pictures. NEW COLUMBIA DEALERS IN FLORIDA. Thos. K. Henderson, special eastern ambassador of the Columbia Co.'s wholesale department, paid an extended visit recently to the Ludden-Campbell-Smith Co.. of Jacksonville, Fla. He has made a trip over the State, and besides establishing a large number of small dealers has secured orders from J. L. Stowers, a dealer in pianos, organs and everything in the line of musical instruments in Key West, Fla. Mr. Henderson also closed a contract with the South Florida Music Co., of Tampa, Fla. Mr. Henderson reports that the Florida tourist crop this year was a hummer, and, as a consequence, all of the dealers in the State are wearing a broad smile. "VICTOR SALESMANSHIP." A Volume of Exceeding Interest Just Issued by the Publicity Department of the Victor Talking Machine Co. Recently the publicity department of the Victor Talking Machine Co., Camden, N. J., presided over by C. M. Brown, issued what is entitled "Victor Salesmanship," a book of over sixty-three pages, with a stiff paper cover, and the famous fox terrier trade-mark embossed thereon, printed in the company's usual elegant manner and fully illustrated. It contains "a series of salesmanship lessons compiled for the benefit of those interested in the sale of the Victor and Victor records." Every detail in the manufacture of the Victor goods is interestingly described, and regarding the selling proposition the following general observations are given in the brief preface: "In these lessons we have endeavored to impart to you a comprehensive knowledge of Victor salesmanship acquired through years of intimacy with the Victor and Victor records. Everything depends on the way you read these salesmanship lessons. We assume that everyone interested in the sale of the Victor is ambitious and anxious to increase his or her value to the limit of their ability, and we believe, and in fact know, that a thorough reading and study of these lessons will increase the efficiency and income of everyone who sells the Victor, be he employer or employe." WURLITZER PUBLICITY. The Rudolph Wurlitzer Co., of Cincinnati and Chicago, are issuing some effective talking machine publicity in the form of miniature newspapers covering the wholesale and retail field. They are skilfully "made up," and reflect the ability of C. W. Page, the Wurlitzer Co.'s clever advertising manager. INCORPORATED. The Wooden Phonographic Horn Co., of Syracuse, N. Y., has been incorporated with the Secretary of the State of New York, with a capital of $8,000, for the purpose of manufacturing talking machines and horns. We Want Your Business ^ Our message is specifically to the dealers of Northern Ohio, and Indiana, and all Michigan. We want your business because we are in shape to care for your orders promptly, immediately. This does not mean that we will fill them to-morrow, or the day after, or next week, but on the day received. Within the hour your order is received, we will begin work, getting it ready for shipment. f$ Our shipping facilities are excellent, in fact, they could not be improved. When you order from us, by mail, by telegram, or long distance 'phone, you will not be disappointed. ^ Our lines in every department are most complete. Stocks are full, running over. We have everything and anything you want. We make it a point to keep forearmed at all times so that our customers shall not suffer through detail. Suppose you give us a trial order — nothing is so conclusive as the actual business, the practical test. •J We want your business, and if we get it we shall make it so advantageous to you that we will hold it. American Phonograph Co. 160 Woodward Avenue, Detroit, Mich.