The talking machine world (Jan-Dec 1911)

THE TALKING MACHINE WORLD. 19 AN IMPORTANT DECISION. Interesting Details of tlie Victory Won by the National Phonograph Co. in Appeal from the Australian High Courts to the Privy Council of the British Empire — Position of United States Courts Virtually Upheld. Reference was made in the February issue of The World to the case of the National Phonograph Co., of Australia, against Walter T. Menck, a dealer of New South Wales, which was successfully appealed to the Privy Council of the British empire. Further details by S. Dyke, chief of the legal department of the home company, now Thomas A. Edison, Inc., is as follows : "This is the first time that a case involving these principles has been decided by a Court of ultimate last resort. In this country decisions of the Circuit Courts or of the United States Circuit Courts of Appeals have been uniformly in favor of the basic principles upon which the selling system is founded and the price cutters and other defendants, who have been defeated in these courts, have never had sufficient confidence in their position to carry the case to the Supreme Court of the United States. "That the Australian case now decided by the Privy Council was taken up to and decided by that tribunal, which is the court of last resort for England and the British Colonies and which corresponds precisely to the Supreme Court of this country, was due to the fact that both the Australian Court to which the case was originally presented and the High Court of Australia, to which it went from there, decided against the National Phonograph Co. of Australia and in favor of the defendant, Menck, though this decision was in defendant's favor in the High Court of Australia by the narrow margin of a vote of three to two, the case being heard by a court consisting of five judges. "By this decision the principles supporting the system under which Edison phonographs and records are sold is firmly established, not only for Australia, but also for all the British possessions. The decision will undoubtedly have great weight with the Supreme Court of the United States, should that tribunal be called upon to decide the same or similar issues. "The views of the Law Lords who sat on the Privy Council may be clearly understood from the following extracts of the opinion, which is so lengthy that we cannot reprint it as a whole : — " 'The general doctrine of absolute freedom of disposal of chattels of an ordinary kind is, in the case of patented chattels, subject to the restriction that the person purchasing them, and in the knowledge of the conditions attached by the patentee, which knowledge is clearly brought home to himself at the time of sale, shall be bound by that knowledge and accept the situation of ownership subject to the limitations. These limitations are merely the respect paid and the effect given to those conditions of transfer of the patented article which the law, laid down by statute, gave the original patentee a power to impose.' "And after reviewing the earlier cases, the decision continues : " Tn their Lordships' opinion, it is thus demonstrated by a clear course of authority, first, that it is open to licensee, by virtue of his stautory monopoly, to make a sale sub modo, or accompanied by restrictive conditions which would not apply in the case of ordinary chattels ; secondly, that the imposition of these conditions in the case of a sale is not presumed, but on the contrary, a sale having occurred, the presumption is that the full right of ownership was meant to be vested in the purchaser ; while thirdly, the owner's rights in a patented chattels will be limited if there is brought home to him the knowledge of conditions imposed, by the patentee or those representing the patentee, upon him at the time of sale.' ' CREDIT VERSUS RATING. Rating a Cold Blooded Proposition on Dollars and Cents Basis — What Credit Means in Relation to a Man's Moral Character. In these days every business man is careful to maintain his rating, but here and there is one who is careless with his credit. The statement may seem a paradox, but is it? Printed rating is based on the amount of cold dollars a man may possess, and his record for having met his obligations without delay — resources and business honesty. Let us look at the broader scope of credit. To copy Webster, our definition of the word would be "belief, trust, influence and reputation." The question arises, "What course must a man pursue to maintain for himself these four requisites of credit?" The mercantile agencies, in their books for general circulation, do not show the moral status of a man ; but, nevertheless, the keen business world to-day does not lose sight of morals in looking up financial standing. The intemperate man, or the man who speculates or who leads a loose life generally, should be aware of the fact that those in touch with him are going to use care that he does not go beyond his actual assets. Aa impaired rating, in its more confined sense, can eventually be built up again if not too badly damaged, but the process of restoring lost credit is an uphill job — a decidedly discouraging one at best. THE FOKM LETTER. An advertising appropriation which is judiciously spent adds no more to the selling price than rent. Here is a sensible suggestion which one man is carrying out regularly : When you have finished a form letter, no matter how good it seems, mail it to yourself, or to your wife. Look it over two days later, after it has "cooled." If you have a wife, let her read it first and ask her for her honest idea of whether or not it will sell goods. Then vou can know. I IVI O I I D CT V ^ I I D n C" r\ D O ^^^ainst a scratchy surface IINOwixCl T kJ X\ ixE^w v^rvL^O unnecessary wear-short life USE THE PIACE AUTOMATIC RECORD BRUSH rest pol.pv Patented Sept. 25 and Oct. 2. 1906, Sept. 10, 1907. ' tStOl rULILrT FOR EDISON PHONOGRAPHS LIST PRICE 15 CENTS FOR VICTOR TALKING MACHINES LIST PRICE 25 CENTS IT SAVES THE TONE You can't afford to lose this protection. No, 3. Gem and Fireside AUTOMATICALLY CLEANS record grooves, insuring a smooth track for sapphire or needle. Reduces friction to minimum. Enables needle to wear better and play good all through the record. Keeps sapphires from wearing flat. ' P 1^ ^ g g ^ 1^ P L E S upon request to any Jobber or Dealer who don't handle them. Write NoW PI p * I CT O O are requested to get their supply from ^ ^ ^ their regular Jobber. If he^will not supply you, write us for the name of one who will . MANUFACTURED BY BLACKMAN TALKING MACHINE CO. 97 CHAMBERS STREET, NEW YORK J. NEWCOMB BLACKMAN President "The White Blackman"