The talking machine world (Jan-Dec 1915)

The Talking Machine World Vol It. No. 11. New York, November 15, 1915. Price Ten Cents THE STEVENS BILL SHOULD WIN HEARTY TRADE SUPPORT. Members of Talking Machine Trade Are Working Hard for Passage of This Measure at Next Session of Congress — Interesting Remarks of Dr. Lee Galloway — Text of the Bill. The members of the talking machine trade, both manufacturers, jobbers and dealers, are in the heartiest sympathy with the purposes and objects of the Stevens Price Maintenance Bill, to be introduced again in the next Congress. The members of the national and local associations, as well as prominent merchants throughout the country, are getting in close touch with Members of Congress and presenting arguments and important data whereby the passage of this bill, so much desired by the trade, may be made possible. It is interesting to note that at a recent meeting called by the Conference of the Independent Retailers of the Metropolitan District, Inc., of 'New York, there was an interesting discussion regarding the Stevens bill, the principal address being made by Dr. Lee Galloway, professor of commerce and industry of New York University, who spoke in most commendatory terms of the Stevens bill. He said there was no reason why a manufacturer should not have the right to place certain restrictions around the sale of his merchandise, instancing in this connection the restrictions which frequently are embodied in real estate contracts. "The basic principle of the Stevens bill," said Dr. Galloway, "is that it would give the manufacturer the right to make a contract in selling his goods such as he formerly possessed, but which has since been denied him by the courts. Under the proposed law, the manufacturer through such contract would be able to insist that his goods be resold at a certain price and would be able to impose certain penalties if the contract were violated." He denied that the bill was contrary in any way to public policy and declared that 90 to 100 per cent, of the retailers of this country are in favor of price maintenance. Dr. Galloway said that one of the effects of the Stevens bill would be to eliminate the greatest weapon of monopoly, price-cutting. "The retailer," said he, "is serving his own interests when he supports the measure. It will save the merchant the trouble of going to bed fearing that the next morning he will see in his competitor's window a sign offering goods at a price at which he cannot make a profit. As to the manufacturer, the bill has resolved itself into a guarantee that the manufacturer may retain his property in a trade-marked name." At the request of many members of the trade, we print herewith the full text of the Stevens bill, the passage of which is so much desired by the members of the talking machine industry : Full Text of Measure Known as the Stevens Bill. A Bill to prevent discrimination in prices and to provide for publicity of prices to dealers and to the public. Be it enacted by the Senate and House of Representattves of the United States of America in Congress assembled, That in any contract for the sale of articles of commerce to any dealer, wholesale or retail, by any producer, grower manufacturer, or owner thereof, under trade-mark or special brand, hereinafter referred to as the "vendor, it shall be lawful for such vendor, whenever the contract constitutes a transaction of commerce among the several States, or with foreign nations, or in any Territory of the United States, or in the District of Columbia, or between any such Territory and another, or between any such Territory or Territories and any States or the District of Columbia, or with a foreign nation or nations, or between the District of Columbia and any State or States or a foreign nation or nations, to prescribe the sole, uniform price at which each article covered by such contract may be resold: Provided, That the following conditions are complied with: (A) Such vendor shall not have any monopoly or control of the market for articles belonging to the same general class of merchandise as such article or articles of commerce as shall be covered by such contract of sale; nor shall such vendor be a party to any agreement, combination, or understanding with any competitor in the production, manufacture or sale of any merchandise in the same general class in regard to the price at which the same shall be sold either to dealers at wholesale or retail or to the public (B) Such vendor shall affix a notice to each article of commerce or to each carton, package, or other receptacle inclosing an article or articles of commerce covered by such contract of sale stating the price prescribed by the vendor at the time of the delivery of said article as the uniform price of sale of such article to the public, and the name and address of such vendor, and bearing the said trade-mark or special brand of such vendor. Such article or articles of commerce covered thereby shall not be resold except with such notice affixed thereto or to the cartons, packages or other receptacles inclosing the same. (C) Such vendor shall file in the Bureau of Corporations a statement setting forth the trade-mark or special brand owned or claimed by such vendor in respect of such article or articles of commerce to be covered by such contract of sale, and also, from time to time, as the same may be adopted or modified, a schedule setting forth the uniform price of sale thereof to dealers at wholesale, and the uniform price of sale thereof to dealers at retail from whatever source acquired and the uniform price of sale thereof to the public, and upon filing such statement such vendor shall pay to the Commissioner of Corporations a registration fee of $10. The price to the vendee under any such contract shall be one of such uniform prices to wholesale and to retail dealers according as such vendee shall be a dealer at wholesale or a dealer at retail, and there shall be no discrimination in favor of any vendee by the allowance of a discount for any cause, by the grant of any special conces sion or allowance, or by the payment of any rebate or commission, or by any other device whatsoever. (D) Any article of commerce or any carton, package, or other receptacle inclosing an article or articles of commerce covered by such contract and in possession of a dealer may be sold for a price other than the uniform price for resale by such dealer as set forth in the schedule provided in the next preceding paragraph (C): First, if such dealer shall cease to do business and the sale is made in the course of winding up the business of such dealer, or if such dealer shall have become bankrupt, or a receiver of the business of such dealer shall have been appointed, provided that such article or articles of commerce shall have first been offered to the vendor thereof by such dealer or the legal representative of such dealer by written offer at the price paid for the same by such dealer, and that such vendor, after reasonable opportunity to inspect such article or articles, shall have refused or neglected to accept such offer, or, second, if such article of commerce or contents of such carton, package, or other receptacle shall have become damaged, deteriorated, or soiled: Provided, That such damaged, deteriorated, or soiled article shall have first been offered to the vendor by such dealer by written offer, at the price paid for the same by such dealer, and that such vendor, after reasonable opportunity to inspect such article or articles, shall have refused or neglected to accept such offer, and that such damaged, deteriorated, or soiled article shall thereafter only be offered for sale by such dealer with prominent notice to the purchaser that such article is damaged, deteriorated, or soiled, and that the price thereof is reduced because of such damage. FIRE NO HANDICAP TO SUCCESS. How Harrison & Dalley, of Nyack, N. Y., Triumphed Over Disaster, Thanks to the Efforts of the New York Talking Machine Co. The accompanying photographs will give a fair idea of the enterprise and aggressiveness of the New York Talking Machine Co., New York, Victor distributer, and its desire to extend its dealers every possible service and co-operation, regardless of the handicaps it may be obliged to surmount. These pictures were taken shortly after a disas there until the store's Victor department had found suitable temporary quarters. Mr. Davin followed his instructions to the letter, and, as the footnotes on the photographs indicate, had succeeded in arranging a Victor showroom the day after the fire occurred. The two pictures, showing the scene on the morning of the fire and the display of Victor products that same afternoon, speak volumes for Mr. Davin's untiring energy. W. H. Fisher, manager of Harrison & Dalley 's Victor department, who may be seen in the photograph with Mr. Davin. is a live-wire Victor enthusiast, and although his department is now a mass of ruins expects to close quite some business in the temporary store near by the old building. Incidentally, the stare's Victor department was the first department to locate quarters and open for business after the fire. Photographed After the Fire. trous fire had totally destroyed the department store of Harrison & Dalley, Nyack, N. Y., which had maintained a good-sized and successful Victor department. The store was an absolute loss, not one article being saved throughout the building, which had been a modern one, consisting of two floors and basement. Temporary Showroom a Few Hours Later. As soon as the New York Talking Machine Co. was advised of the fire it arranged for J. J Davin, of the company's staff of traveling representatives, to make a hurried trip to Nyack, N. Y., and stay NEW STORE IN PROVIDENCE. J. W. McCabe to Handle Large Line of Crescent Machines and Records. (Special to The Talking Machine World.) Providence, R. I., November 9— J. M. McCabe, for years identified with the Providence piano trade, will open a new piano and phonograph store on Empire street. He has purchased a big array of the Crescent line and will open up all ready for a 'big talking machine business, which his position on the new street should bring him. INVOLUNTARY PETITION FILED Against the Houston Phongraph Co. — Alleged Concern Committed an Act of Bankruptcy. (Special to The Talking Machine World.) Houston, Tex., November 5. — An involuntary petition in bankruptcy has been filed against the Houston Phonograph Co., of this city. The petitioning creditors are the St. Louis Bank, K. H. Easter and J. A. Forsythe. It is alleged that the concern committed an act in bankruptcy by transferring all of its assets to a committee of trustees for the benefit of its creditors. In addition to talking machines the Houston Phonograph Co. also handled automatic pianos and musical merchandise. The Parkinson Piano House, Providence, R. I., is the latest entrant into the talking machine field in that city, handling the Crescent talking machines. Manager Avery, of the new department, is planning a strong local campaign. A certificate of corporate amendment has been filed under the laws of Delaware to increase the capital stock of the Pathe Freres Phonograph Co., of New York, from $750,000 to $900,000.