The talking machine world (Jan-Dec 1913)

26 THE TALKING MACHINE WORLD. FROM CHICAGO HEADQUARTERS. (Continued from page 24.) will probably not be ready for opening until about March 10. On the third floor will be the general offices and wholesale stock room, and is already occupied for that purpose. A large stock of cylinder records and machines is in the place and orderfillers are at work. A full stock of disc phonographs is already on hand for the inspection of those prosperous dealers who are to qualify on this high-grade line. "These disc franchises are already in great demand in the East, where the Edison disc is better known, and the dealers in Chicago and surrounding territory will understand this when they call and hear this new instrument," said Mr. Goodwin. "The Edison Co. requires a special application with a suitable qualifying order before the right to vend the disc is considered. Mr. Edison's idea is to have each dealer qualify for the disc on a proper scale and that his store he so located that it will enable him to take care of several thousand population, thus avoiding the necessity of qualifying sd many dealers." MAKE PERMANENT DISC NEEDLE. (Special to The Talking Machine World.) Chicago, 111, Feb. 12, 1913. The Permanent Phonograph Disc Needle Co. has been incorporated with a capital stock of $2,000, and will vigorously push the sale of the Permanent Disc Needle, the invention of Samuel Levin, of Highland Park, III, and which has been on the market for some time. Mr. Levin has perfected his needle and has introduced an improvement making it perfectly adjustable. The needle consists of a small garnet shaped to a point, bringing it into contact with the record the same as the ordinary needle. The jewel is fitted in a shank, which is inserted in the sound box the same as a steel needle. The price of this permanent needle is placed at one dollar each. The address of the company is 1138 N. Winchester avenue, Chicago. ORATORY BY ELECTRICITY. Manikin Elocutionizes at Electrical Banquet When Button Is Pressed. (Special to The Talking Machine World.) Chicago, 111, Feb. 7, 1913. At the Electrical Club banquet last night the feature of the evening was a speech by an electric manikin, whose burning eloquence poured forth from the electric vibration of tin plates somewhere in his "innards," proved that he could do everything human but eat, sleep and walk. ESTEY CO. SHOWS COLUMBIA GRAND. New Style Grafonola Proves a Strong Window Attraction at Retail Warerooms. The Estey Co. is displaying in its show window the first model of the new $500 Columbia grand to be shown in New York retail warerooms. The instrument is placed in the center of the window, and although it has been on display but a few days, has already elicited considerable praise for its graceful appearance. The talking-machine warerooms of the Estey Co. are about completed, and the machines are displayed to excellent advantage in handsome quarters on the third floor of the Estey building. THE SALTER PLAYER ROLL CABINETS. Besides their extensive line of talking machine cabinets, the Salter Mfg. Co., 337-343 North Oakley avenue, Chicago, make combination player roll and music cabinets. As many talking machine dealers also handle pianos they will find much to interest them in this statement. An especially popular cabinet is Style No. 47, which is of unusual capacity and will hold over 110 player rolls. It is furnished either in mahogany or in oak in any of the several finishes. The line includes a number of other attractive styles in . various sizes and capacities. Dealers should by all means secure a copy of the company's music roll and cabinet catalog as well as one of their talking machine cabinet catalogs. CONTRACTS MUST BE RESPECTED. An Important Ruling Handed Down by the Referee in Bankruptcy in Connection with the Sale at Public Auction of a Large Number of Talking Machines and Records at List Prices to Authorized Talking Machine Dealers by the Receiver — His Attitude Upheld. The sale at public auction of a large number of Edison, Columbia and Victor machines and records at the authorized list prices to regularly authorized talking machine dealers by the receiver in bankruptcy in the matter of Edisonia Co, bankrupt, in the United States District Court, District of New Jersey, has been confirmed by the referee in bankruptcy, notwithstanding the objections of certain unsuccessful bidders, whose objections were based upon the fact that their bids were higher than those which were actually accepted, and that the receiver should have sold to them regardless of te restrictions under which they had been sold to the Edisonia Co. and irrespective of whether the lowest bidder was a licensed dealer or not. The goods were sold to bidders who were able to satisfy the receiver that they were the duly authorized dealers of these companies, and they signed the conditions of sale which had been prepared by the receiver's attorneys in accordance with the assurance which the latter had given the attorneys of these companies to the effect that no sales would be made of their clients' goods except in accordance with the restrictions imposed by them. These conditions were announced at the sale. The referee in bankruptcy, Hon. Edwin G. Adams, of Newark, handed down the following important memorandum after hearing arguments in the case : This matter is before me, on motion of the receiver, for confirmation of a sale at public auction, and on objections to its confirmation by unsuccessful bidders. The goods sold included a large number of talking machines and records— Edison, Columbia and Victor — and it is admitted by ail parties that the bankrupt had entered into patent license agreements with each of the said phonograph companies, providing, among other things, that these goods should not be sold at less than certain fixed list prices, except to regularly authorized dealers who were required to sign similar license agreements; and it also appears that the same restrictions are printed upon the goods and their containers. Each of the phonograph companies had served notice on the receiver and his attorneys that injunction suits for patent infringement would be brought if the sales of the talking machine goods were to be made below list prices, except to regularly authorized dealers in the particular lines of goods purchased, and the receiver's attorneys had given their assurance in writing to the various talking machine companies that no sales would be made of talking machine goods except in accordance with the restrictions imposed by the manufacturers and had prepared and announced conditions of sale in which substantially the same provisions were embodied. At the sale the goods were sold to bidders who were able to satisfy the receiver that they were such licensed dealers and who signed the conditions of sale, all bids made by others being refused. Among the bids so refused were the bids of the parties now objecting to the confirmation of the sale, which bids were higher than the bids actually accepted. It appears that if the bids of the objecting parties had been accepted, the sale would have realized several hundred dollars more than the sales which actually have been made; and the objections made are to the effect that the receiver should have sold these goods to the highest bidder, notwithstanding the restricted patent licenses existing between the bankrupt and the various talking machine companies and irrespective of whether such lowest bidder was a licensed dealer or not. The objecting parties cite numerous authorities to the effect that the bankrupt was bound to perform the license conditions, and that a violation thereof by the bankrupt itself would be enjoined as a patent infringement at the suit of the talking machine companies. That the bankrupt's receiver stands in the shoes of the bankrupt, except where fraud is present and except for the provisions of Section 47 (a) of the Bankruptcy Act, is well established by numerous decisions of the Supreme Court. See, for example, Thompson vs. Fairbanks, 196 U. S. 616-526, 13 A. B. R. 437; York Manufacturing Co. vs. Cassell, 201 U. S. 344, 15 A. B. R. 633. The case of In re Spitzel & Co, 168 Fed. Rep. 156, 21 A. B. R. 729, I regard as directly in point, as in that case the court enforced against the bankrupt's receiver the restrictions upon the sale of the patented goods to which they had been subject in the hands of the bankrupt. The action of the receiver and his attorneys was in accordance with the decisions on the subject, and in my estimation was proper and correct under the circumstances. An order confirming the sale will be allowed. (Signed) Edwin G. Adams, Referee. HARD WORK TO MEET DEMAND. Wider Knowledge of the Vitaphone Has Increased Orders for This Product — Vitaphone Co.'s Plant Rushed — Style 30 in Weathered Oak — President Repp's Improvements. The plant of the Vitaphone Company at Plainfield, N. J, continues at its usual activity. It is probably more handicapped to-day than ever because more people in the trade are becoming acquainted with the Vitaphone products and are seeking information. Even the occupancy of the new building has not helped the company towards filling orders, as it seems that no sooner does its capacity increase than the demand does otherwise, leaving them always behind with deliveries on orders. This condition emphasizes the value of the Vitaphone more than anything else. A supplement to the Vitaphone catalog has been issued covering style No. 30, in weathered oak. This is Vitaphone No. 30; it weighs net 30 pounds and costs $30, and the combination ought to make it popular. This style is like the other Vitaphone styles, way oversold. C. B. Repp, president and inventor of the Vitaphone, has made some recent improvements in tone production that are considered most important. OPERA RECITALS IN DALLAS. Series of Free Opera Recitals Arranged for by Sanger Bros., the Victor Distributors, Fill Big Hall to Overflowing — Make Strong Impression on Local Music Lovers. (Special to The Talking Machine World.) Dallas, Tex, Feb. 8, 1913. Sanger Bros, the prominent and successful Victor distributors of this city, attracted much attention recently through a special series of operatic recital of the various operas to be given during the coming grand opera season in this city on February 28 and March 1, when Tetrazzini, Mary Garden, Dalmores and other prominent artists will appear. Sanger Bros, engaged Miss Anna Shaw Faulkner and Max Oberndoirfer to give the recitals, and the general interest in the event was indicated by the fact that at each recital the large auditorium on the seventh floor of the Sanger Bros.' building was filled to overflowing and many opera enthusiasts were turned away. Wagner's "Die Walkuere" and Massenet's "Thais" were selected for the recitals, which were given in the morning and afternoon. The recitals were well advertised and were ifree. Speaking of the success of the venture, Sanger Bros, say: "Grand Opera has become so closely associated with the Victor that, while Dallas is out of the beaten path of the grand opera companies, the Victor is the means of keeping our musically inclined people in touch with the world's best music." PUBLICITY FOR THE DEALERS. A striking two-page spread devoted to their "Eclipse'' and "Favorite" types of machines is featured by the Columbia Graphophone Co. in this week's Saturday Evening Post. The advertisement is very attractively arranged, and is displayed to the best possible advantage. Early this month the advertising department of the company sent out to Columbia dealers an advance proof of this twopage spread, with several excellent suggestions on its utilization as a window display. Several windows in the nearby vicinity have been arranged as suggested by the company, and the display is one of the most attractive that has been shown in some time. The window hold the attention of passersby and create an interest that materializes into ready sales. According to the revised tariff recently put in force in Brazil the import duty on records and talking machines has been fixed at two milreis per kg, without any distinction between single and double-faced records. The following clauses are contemplated : Single-sided records, one milreis per kg.; double-sided records, two milreis per kg.; component parts of machines, two milreis per kg.