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be included therein. The figures that have been submitted to the chairmen of the two committees show that notwithstanding the fact that there has been no attempt on the part of the manufacturers to advance one interest as against another, the amount of foreign music used by them is about 70 per cent, and American music but 30 per cent.

Representative BARCHFELD. Where did you get your figures?

Mr. DYER. Some of the other gentlemen have quoted them. The average proportion is what I have stated.

The CHAIRMAN. I have some figures on that point. Mr. Dyer. This shows the normal demand of the American people. Under existing conditions, with no legislation on this point, they demand more than twice as much foreign music as domestic music. The manufacturers have made no effort to force upon the public foreign music to the exclusion of domestic music, because one is as free for use as the other, but the people themselves, having the opportunity of taking either, demand 70 per cent of the foreign music and only 30 per cent of the American music. Now, if this legislation is passed, American music will be taxed and foreign music untaxed, providing, of course, we have a reciprocity provision which must certainly, in all fairness, be included. This being so, the manufacturer will have to pay a tax for using American music, while he can use foreign music without taxation. Is there any doubt in the minds of any of you gentlemen what will be the inevitable result of this situation? Will not any manufacturer naturally use the untaxed music whenever possible? "And instead of the public normally demanding 70 per cent of foreign music without having it forced upon them, will not the manufacturer by using foreign music whenever possible make this percentage still higher? This would be inevitable, because it is not in human nature to go to an expensive market when the same goods can be obtained in a cheaper market. It seems to me, therefore, that the proposition would not promote the progress of science, or, in other words, advance the development of American music, but, on the contrary, would stimulate the public appreciation for foreign music to an enormous extent, and correspondingly retard the progress of the American art.

Notwithstanding all of these things—that the proposition is unconstitutional, that it is inexpedient, and that it would not stimulate the development of American music-if I were convinced that the rights and privileges of composers and authors were in any way lessened by the wonderful development of mechanical reproducing devices I would be the first man to advocate assisting them, although I do not see how it could be done by changing the copyright law. But I have seen no evidence presented to either committee, except the statements of counsel, representing their clients, that the composers have, in fact, lost anything by reason of that development. On the contrary, I understand that the demand for sheet music was never so great as at the present time; and it is to sheet music alone, in my opinion, that the rights of composers can constitutionally extend. Í have with me a number of letters showing the feelings of publishers and composers regarding this matter. They ask that their music be placed on phonograph records, and they recognize the great advertising advantage that will be derived from such use. Some of them

complain that we discriminate against them and use the music of their competitors. These letters run from 1904—long before any proposition of this kind was agitated-up to January, 1908, and are all to the effect that the greatest advertising they have is from the use of their compositions on phonograph records.

The letters are as follows:

[Joseph Lacalle & Son, music publishers, 466 Sixth avenue, cor. W. 28th street, New

York.] DEAR SIB: By request of our friend, Mr. Werner, from Carl Fischer, I take the liberty of writing to you. I have sent you a separate copy of a new march of mine, which has become as famous as my “ Peace Forever” march. Any. thing that you can do for it will be greatly appreciated by Yours, respectfully,



Denver, Colo., March 3, 1904. Mr. C. H. Wilson, (Care National Phonograph Company)

Neno York City. DEAR MR. WILSON: We have this day written M. Witmark & Sons to forward your orchestrations of two pieces, viz, “ Windmill" and " Thoughts of Love," which are in great demand throughout the West. If possible, we wish you would make records of these pieces and we will take 100 of each as soon as completed. We think you will have a big sale on them.

I have taken the liberty of addressing this letter to you direct, as I wanted it to reach the proper hands. Would ask you to advise us as soon as possible if you will be able to make records of the above-mentioned pieces. With best regards, I am, yours, very truly.



New York, March 7, 1904. Mr. C. H. WILSON, (Care National Phonograph Company)

New York City.
DEAR SIR: At the request of Mr. H. Shields, of the Denver Dry Goods Com-
pany, we are sending you, under separate cover, full orchestrations of “The
Windmill " and " Thoughts of Love."
Hoping they arrive safely, beg to remain,
Very truly, yours,

M. WITMARK & Sons,
JAY WITMARK, Treasurer.


GENTLEMEN : Beg to say that we send you this day by mail a bunch of our music and would be pleased if you will put some of them in your records for your phonograph, and we think you will find some of them very suitable and very good for that purpose. We would be pleased if you will let us know which ones you will use.

If you will use them we will be pleased to send you our new music every month. Thanking you for same, we are Yours truly,



Nero York, Scpt. 6, 1904. Mr. KRANKHEIT, (Care National Phonograph Co.),

Orange, N. J. DEAR SIR: Mr. N. Goldfinger, manager of the music department of Siegel & Cooper, called our attention to the fact that he has no records of our publications from your concern.

As we have a number of big hits, of which Mr. Goldfinger sells thousands and thousands every month, we thought we would call your attention to the fact, and ask you to kindly make records of some of them.

We therefore mail you, under separate cover, about 20 numbers (10 vocal and 10 instrumental), and would kindly ask you to look them over and use as many as you possibly can.

Among the big hits in the lot we might mention, “ Polly Prim," “ Big Indian Chief," “You're as Welcome as the Flowers in May," " Where the Sunset Turns the Ocean's Blue to Gold,” “Egypt," The Little Rustic Cottage By the Stream,” “Upon a Sunday Morning When the Churchbells Chime," " On the Pillows of Despair," “ Save It For Me," Peggy Brady,” “Goo-Goo Man."

If you wish to have our statement regarding the popularity of these numbers verified, we only need to refer you to Mr. Goldfinger. We shall put your name on our regular list of subscribers and you will receive our monthly publications regularly from now on. Very truly, yours,

Jos. W. STERN & Co.

BOSTON, Mass., October 20, 1904. Mr. W. H. A. CRONKHITE, New York.

DEAR SIR: I have just had a talk with Mr. Scott. He says that you are thinking of making up some quadrilles, lanciers, and other dances for the phonograph and suggested my sending you something. I am sending you under separate cover as complete a catalogue as I have at present. If you find any numbers in this catalogue that will be of any service to you for phonograph use let me know and I will take pleasure in sending you copies. State instrumentation desired.

If you have any earthly use for a waltz I can recommend my Zeona.” This number is making a hit for both band and orchestra. I have recently published the piece for piano solo and the small instruments. Good orders are coming in already for the piece.

I trust you used the quartette arrangement of the chorus to “By the Watermelon Vine." Yours, truly,


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Lincoln, Nebr., January 11, 1905. Mr. HARRY MACDONOUGH, (Care National Phonograph Company,)

Orange, N. J. DEAR ŞIR: I send you by this mail under separate cover a copy of Sleepy Time," a song of which I am the composer, and would like to know if it would be possible to have you sing it into the Edison phonograph. We handle the Edison line exclusively and have been asked by hundreds of people why they can't get the song for the phonograph. I thought it best to write to you as it seems that your voice would be better adapted to a song of this kind or that you could give me what information as to who I should go to to have it produced. We have sold in Lincoln alone over 1,000 copies of the song and are receiving orders for hundreds from such people as F. J. A. Forster & Co., jobbers, of Chicago; Joe Morris, Philadelphia, jobbers, and a great many others who have it on their bulletins.

This week I am sending out about 800 professional copies to leading singers who sing this style of a song. Now if you can't do anything with this, would it be asking too much of you to have you hand it to the party of the National Phonograph Company, who has this sort of thing in charge.

I will appreciate it very much and hope I may be able to reciprocate the favor in the near future. Wishing you a happy New Year, I beg to remain, Very respectfully, yours,



New York, March 17, 1905. WALTER MILLER, Esq.,

65 Fourth arenuc. City. MY DEAR MR. MILLER: I am mailing you under separate cover song and orchestration of “ Easy Street," which is very popular and having a big demand at our talking-machine department at Simpson Crawford Company's.

Trusting that you will look this composition over and may be able to use it,
I am, with kind regards,
Very truly, yours,



New York, April 13, 1905. Mr. W. H. A. CRONKHITE, (Care National Phonograph Company)

65-69 Fourth avenue, City. MY DEAR MR. CRONKHITE: Your letter of April 12 to Mr. Harris received, and in reply to same would state that I wish to thank you very much for your kindness in sending us the song “Daddy Dear." Mr. Harris has written Deane & Sons in reference to same, as we would like very much to get the publication rights for this song. We told them that we understood in an indirect way that they were the publishers. I am in hopes that we will be able to get this song, as we like it very much. At the same time it will not conflict with the baby song that we have promised you, and I assure you you will have this song three months before it is published and ahead of anyone else, and believe me when I tell you that Mr. Harris's new song will be without a doubt the greatest baby song that he has ever written, and the most remarkable thing of all is that it is not unlike “Daddy Dear.”

Mr. Harris wishes to thank you for the records you are having made for him, and he will appreciate same very much. Thanking you again, believe me as ever, Yours, very truly,



New York, May 2, 1905. Mr. KAISER, New York, N. Y.

DEAR MR. KAISER: I am inclosing you herewith a couple copies of the summer waltz song “On a Summer Night,” that I spoke to you about this morning. I would certainly consider this quite a big favor if you would get this on the phonograph records as soon as you possibly can. With kindest regards, I remain, sincerely yours,



New York, May 31, 1905. Mr. JOHN KAISER, New York.

DEAR MR. KAISER : Just thought I would drop you a few lines and incidentally inclose you a copy of the new march song, “ Bright Eyes, Good-bye,” that I am more than anxious to have you put on the records. I am inclosing you two copies of the song, and would appreciate your giving it your every attention and get it on as soon as you possibly can. Would also appreciate a few lines from you at your convenience regarding same. Did you receive the band numbers all 0. K.? With kindest regards, I remain, very truly, yours,




Orange, N. J. GENTLEMEN : In all of our parlors in this city we have been asked several times for the new hit “Since Father Went to Work," companion of “Everybody Works but Father;" which you know was one of our biggest successes in the past several months.

We believe this will be another of the big successes you have records out for, and earnestly request that unless you have same in the molds that same be listed at the earliest possible moment.

We do not wish you to infer by this that we are in the least trying to run your business, but merely give this as a suggestion, as that which is profitable to us is generally mutual.

Thanking you in advance for your kind consideration of this matter, we remain. Very truly, yours




79 Fifth Arenue, Nero York. GENTLEMEN : We are inclosing herewith advance lead sheet and typewritten words of the song, “Girlie I Love You," just received from the F. B. Haviland Publishing (Company, as per our agreement with them to send us advance copies on the day that they become available.

Also new issues of the following: “Girlie I Love You,” “Remember Your Dear Old Dad,” “ Two Roses," “ Julie Cooley," “ The Umbrella Man," “ Every Cloud Has Silver Lining." I've Got to Dance Till the Band Gits Through."

Kindly sign inclosed receipt list, which is our voucher to the publisher that the work of distribution has been properly done. Yours, very respectfully,

LEN SPENCER, General Manager.


New York, September 15, 1906. EDISON PHONOGRAPH WORKS, Master Record Department,

Orange, N. J. DEAR SIRs: Can not understand why so few of the Gus Edwards compositions are recorded this year, and I can undoubtedly show you where I have more good, substantial, and meritorious compositions than I have ever had. Here is the list: “ If a Girl Like You Loved a Boy Like Me," “ I'll Do Anything in the World for You" (which is rapidly becoming one of the biggest hits and which is being sung extensively), “ Come Take a Skate with Me” (sung by Blanche Ring), “In a Little Canoe with You," Two Dirty Little Hands," " When the Green Leaves Turn to Gold,” “Kiss Me Once More Good Night,” “Napoli" (an Italian love song), “ The Hurdy Gurdy Man” (with a regular hurdy gurdy accompaniment and the sound of children ; this would make an excellent record), “ You Can't Give Your Heart to Somebody Else and Still Hold Hands with Me (a pretty little duet), " That's What the Rose Said to Me" and “ I Miss You in a Thousand Different Ways” (two new ballads which I will send you as soon as they come out); the song hit of the Lew Fields's show, “ When Tommy Atkins Marries Dolly Gray," which I would like you to carefully look over and prove to your own satisfaction that is greater than my other two hits, “ Good-bye, Little Girl, Good-bye” and “Dolly Gray;" it is great both as vocal and instrumental record.

I have two new numbers in the Anna Held show, of which I am sending you one, “ Mr. Monkey.” It is better than In Zanzibar" song. Also have a song in the “ Blue Moon ” show, “Don't You Think It's Time to Marry.” If you will advise your regular vocalist to call here at least once a week I will teach them

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