SINGLE COPIES, 10 CENTS VOL. VIII.No. 12. PER YEAR, ONE DOLLAR Published Each Month by Edward Lyman Bill at 373 Fourth Avenue, New York, December 15, 1912 Vic tor-Victrola XVI, $200 Mahogany or quartered oak The instrument by which the value of all musical instruments is measured Entered as second class matter May 2, 1905, at the post office at New York, N. Y., under the act of Congress of March 3,1672. 2 THE TALKING MACHINE WORLD. The Vitaphone Reproducing Device Showing the Vitaphone Solid Wood Vibratory Arm A glance is sufficient to appreciate the novel construction of the Vitaphone reproducing device, but its pure round musical tone must be heard to realize the big step forward in the art of reproduction, introduced by the use of wood, the most resonant vibratory material known. Vitaphone dealers enjoy the advantage of : Tone without comparison, Splendidly built instruments, Novel, interesting and simple construction, Assured profits of a maintained selling price, and The protection of absolutely unassailable basic patents. Plainfield, N. J. The Talking Machine World Vol. 8.No. 12. New York, December 15, 1912. Price Ten Cents that would prove mosteffectiveon thestage. Though now I have a fairly extensive repertoire, THE TALKING MACHINE SCORES IN VAUDEVILLE. I only use three songs and the dialogue at each Ihave recorded a neat Miss Adelaide Francis, a Clever Singing Comedienne, Has Utilized the Graphophone in show. For the encore in Which Tuneful Musical Numbers and Humorous littlespeechforreproduction onthe machine, a Very Excellent "Sister" Act, which, when assisted by a few .side remarks of Dialogue Are Indulgedin Between Miss Francis and Her Voice in the Machine-An "Act" That Wins Much Praise Wherever Heard for Originality and Finish. my own, appears to please the audience thoroughly. "I have been fortunate in that my enunciation is perfectly clear and that my voice is well suited Just about the time one begins to feel that thelate the playing of the records as to get a satis- for recording.This is a point that seems to have talking machine has reached the limit of its power factory effectin two-part work.In the course most impressed the critics, who have been most as an entertainer someone comes to the front with' of the experiments I made several hundred rec- kind to me.I tried out the act in the West, and a brand new idea and there is a new field openedords and tried all out carefully before I decided following thepresentation oftheactin New for that popular instrument.This time itis thethat the result was worthy of presentation to the York, am negotiatingfor some excellenttime Columbia graphophone that has made its bow as public. The difficultyin timing the records to over the larger circuits." a vaudeville performer and as an interesting and afraction ofasecond and securing a motor H. L. Willson, assistant manager of the Co- satisfactory half of a "sister act."The new actthat would ensure the record playing at the samelumbia Phonograph Co., together with several oth- using the graphophone, the conception of Missspeed at all times, was for some time quite dis- ersof the headquartersstaff of the company, Adelaide Francis, a clever young lady who has for couraging. Besidesthe making of the records witnessed the act during its presentation at the some years been appearing in vaudeville as a sing- there remained the choice of songs and patter Union SquareTheater. ing comedienne, had its New York premiere at Keith's Union Square Theatrelastweek, and though not strongly featured proved one of the ARGUMENTS AGAINST OLDFIELD BILL VOID strongest numbers on the bill.The act is billed InView of Recent Decisions of Supreme Court of the United States, Which Show That as "The Graphophone Girl," and has been fully Courts Can Prevent Abuse of Patent Laws. protected by copyright. In her act Miss Francis uses a standard model "I he recentdecision of the SupremeCourt of the confer immunity from a like condemnation, for the United States in the so-called Bathtub case, defi- reasons we have stated.And this we say without nitely bringing patent rights under the jurisdictionentering into the consideration of the distinction of the Sherman law,is of exceeding interest toof rights for which the Government contends be- this trade and leaves Mr. Oldfield and his support- tween a patented article and a patented tool used ers without excuses for the so-called anti-trust fea- in the manufacture of an unpatented article. Rights tures, which, as is well known, are practically all conferred by patents are indeed very definite and there is to the committee substitute bill introducedextensive, but they do not give any more than in Congress outside of the "Price Regulation" and other rightsauniversallicense against positive "Compulsory License" sections. prohibitions.The Sherman law is a limitation of This only demonstrates afresh that the courtsrights; rights which may be pushed to evil con- are abundantly able to prevent every abuse of thesequences and therefore restrained.* * * The patent laws. Inrecentdecisions this has beencomprehenisve and thorough character of the law proven, for the intolerable prolixity possible in the is demonstrated and its sufficiency to prevent eva- trial of patent infringement and the danger that the sions of its policy `by resort to ally disguise or sub- patent laws might afford refuge from the rigor of terfuge of form,' or the escape of its prohibitions the Sherman law to combinations and conspiracies 'by any indirection.'" in restraint of trade, has been definitely removed By this action of the Supreme Court, exercising in two recent rulings by the Supreme Court. its ordinary function of controlling trial procedure The decision in the now notorious Mimeograph and interpreting and enforcing the existing laws, case and the possible dangers in connection there- everyground on which the Oldfield bill has been with 'have been entirely removed, for the Supremesupported has 'disappeared. Miss 'Francis, "The Graphophone Girl." Count of the United States has eliminated this This situation was discussed and analyzed in bogie in the following words: an able way in a lengthy article in the New York graphophone equipped with a motor selected with "The added element of the case at bar cannot Sun of November 27. particular care for absolute regularity of action. A graphophone is placed on a pedestal on the stage and Miss Francis gives a short introductory talk, MORE HASTE; LESS SPEED. TALKING MACHINE EXPORTS. explaining what has been accomplishedinpro- Many Merchants Jump at Solutions of Busi-The Figures for October Presented-Reports ducing the act.The voice coming from the ma- ness Problems Without Testing Them for Show Increases for the Month. chine can be heard clearly throughout the entire Weaknesses-Plain CommonSenseNecessary theater, a testimonial to the wonderful enuncia- (Special to The Talking MachineWorld.) tion executed by the singer.Miss Francis refers In selling, says a man of wide commercial ex- Washington,D. C., Dec. 6, 1912. to the voice in the graphophone as her "sister." perience, the fundamental difficultyisfoundin In the summary of exports and imports of the Tuneful musical numbers and humorous dialogue the lack of any very clearly defined ideals, the lack commerce of the United States for the month of areindulgedin between Miss Francis and herof definite aims, the lack of clearly defined ends October (the latest period for which it has been voicein the machine. to be attained, the lack of appreciation of meth- compiled), which has just been issued by the Bu- "Just Dreams," "Tell That to Sweeney," and ods, of the limitations which surround us, of the reau of Statistics of the Department of Commerce "Beautiful Rag" were included in the repertoireethics that are behind the whole proposition. and Labor, the following interesting figures relat- of musical numbers, and for an encore Miss Fran- Then, there is the failure to apply cool judg- ing to talking machines and supplies are set forth: ciscreated a good dealof laughter withher ment and plain common sense in sales problems. The total exports of talking machines, records witty remarks about the voice in the graphophone. I don't believe that in any other activity of human and supplies for October, 1912, amounted to $223,- The vocal numbers and the dialogue are timedlife thereisso much of impetuous activity as 307, as compared with $203,211 for the same month very carefully so that the voice of Miss Francisthere is in selling goods.The way people will of the previous year.The ten months' exporta- joins in perfectly and actually gives the impressionget a glimmer of an idea and immediately hoption oftalkingmachines,records andsuppiies that there are two persons on the stage. in and proceed to "start something" is astonishing, amounted to $2,040,836. Inspeaking of her new actto The Worldand the percentage of times that they back out representative, Miss Francis said:"The mana-and decide that it was wrong, is shamefully great KEEPING MEN SATISFIED. gers have for years been demanding something when we look over the whole field.There is an new for vaudeville, and thoughIhad appeared absence in sales departments generally of a recog- "I decided, when I first went into business. that as a singing'comedienne for some years, I decidednition that something that is a variation, and cer- the best policy would be to keep my men satisfied." thatI could discover a new way in which to in-tainly something thatisradically different from says a successful dealer."After looking into the terest the audiences. establishedpractice,ismerely something to be matter for some time I concluded that the bestpay- "Considerably over a year ago I conceived thetested out; an absence of the recognition of the ingproposition for me was to take good menat idea of using the graphophone in my act and im- fact that it is a lot cheaper to test it in a limited their own valuations.