Henry Waterson
|
Talking
Machine World, October 1914,
p. 35 |
The
Music
Trade Review,
October 17, 1914, p. 53 |
|
Ted Snyder, Henry Waterson,
and Irving Berlin
Blueprints for proposed
Columbia factory
building No. 77
(Click picture to page
through set of prints)
|
Oakland Tribune,
February 13,
1916, p. 24 |
Fairbanks Daily
Times,
October 28, 1915, p. 2 |
|
Postcard of Kress
5-10-25 Cent Store
Postcard of S. S. Kresge
Store
Postcard of S. S. Kresge
Store
Postcard of interior of
S. S. Kresge Store
showing music department
(bottom right)
Postcard of F. W. Woolworth
5 and 10 Cent Store
Record #64
Also found on #21 (information
courtesy of Kurt Nauck)
Postcard of United
5 & 10 Cent Store
Postcard of McCrory Store
5 and 10¢ Store Magazine,
July 1915, pp. 36-37
Boxes used to ship
samples to McCrory
Postcard of the
publishing building of
The Charles Williams Store
Sears catalog, 1915
|
5 & 10¢ Store
Store Magazine,
July 1915,
p. 12
|
5 & 10¢ Store
Magazine,
July 1915,
p. 16
|
|
Stamp from Copyright
Protection Society
The North-China Herald
January 18, 1919
Variety,
February 20, 1915
p. 5
5 and 10¢ Store Magazine,
July 1915, pp. 26-27
|
Talking
Machine World, February 1915,
p. 25 |
Talking
Machine World,
March 1915,
p. 43 |
|
|
"Little Wonder"
phonograph
(Click picture for more photos)
|
Talking
Machine World, November 1915,
p. 60 |
Talking
Machine World,
December 1915,
p. 52 |
|
|
Tone arm mounting patent
(Click picture to page
through entire patent)
|
Geer Record
Repeater |
Geer Record
Repeater
Instructions |
|
|
Ad for Cecilian
phonograph in
Montgomery Ward catalog,
#87, 1917, p. 456
Record duster from
The Song Shop,
5½" long
(date unknown)
|
Talking
Machine World, February 1915,
p. 48 |
Talking
Machine World,
June 1915,
p. 49 |
|
|
Talking
Machine World, March 1915,
p. 54 |
The Music
Trade Review,
November 27,
1915, p.76 |
|
|
The Tuneful
Yankee,
June 1917, p. 8 |
Victor H. Emerson
Emerson Records catalog,
1917, p. 2
(signature added)
George W. Lyle
Talking Machine World,
August 1921, p. 99
Waterson Trademark
Filed December 5, 1914
Columbia phonograph
factory
Patent numbers
(Click for an enhanced view)
Patent numbers
1920 and later
Woolworth Building
(likely 1918)
|
The Music
Trade Review,
March 23, 1918,
p. 46 |
The Music
Trade Review,
November 8,
1919, p. 26 |
|
|
Talking
Machine World, December 1919,
p. 35 |
Columbia Trademark
Filed November 25, 1919
|
The Tuneful
Yankee,
February
1917, p. 36 |
The Tuneful
Yankee,
June 1917,
p. 35 |
|
|
The Tuneful
Yankee,
July 1917,
p. 37 |
|
Little Wonder
Record mailer
(front) |
Little Wonder
Record mailer
(back) |
|
|
Popular Mechanics,
May 1919
Record store
promotion
|
Mother Goose
Record box
|
Close up of
design on
Mother Goose
Record box |
|
|
|
Close up of
greeting on
Mother Goose
Record box
|
Mother Goose
Record
"Rock-a-bye
Baby"
464-C |
|
|
|
Henry Waterson's Obituary
New York Times
August 11, 1933 p. 15
|
Henry Waterson's Obituary
Herald Tribune
August 11, 1933, p. 17 |
|
|
|
Timeline of
Emerson v. Waterson
|
Little Wonder
Record Company
Accounting |
|
|
|
Talking
Machine World, October 1917,
p. 126
|
Talking
Machine World,
June 1918,
p. 32 |
|
|
| In 1914 the
recording industry was a near monopoly controlled by Columbia, Edison
and Victor. -These companies owned
all of the most important record-manufacturing patents, and used
this market power to keep the prices of records quite high –
$.75 to $1.00 each (close to $20.00 in today's money). -This price put recorded
music out of the reach of most people.
Enter Little Wonder records, brought to market by Henry Waterson (see photo and announcements to the trade
in Talking Machine World, October 1914, p. 35 and The Music Trade Review, October 17, 1914,
p. 53 at left). -Henry Waterson was the business partner of Irving Berlin, serving
as president of the music publishing company, Waterson, Berlin & Snyder (see photo of these men at left). -These
lateral-grooved, acoustic records made some compromises in quality
– measuring 5½ inches with tight grooves on a single side
(compared to the more standard 7- and 10-inch double-sided discs),
playing for a minute to two minutes (compared to the more standard
two to three minutes per side; click
here to hear the difference between the shortened and regular version and follow along
with the sheet music), and not sold in sleeves
– but were priced at only 10 cents in most of the country (even though the announcements
say these were going to be priced at 15 cents; see ads at left showing the higher prices of 15
cents in Oakland, CA and 25 cents in Fairbanks, AK undoubtedly because of the higher shipping prices
to get the records out there). -That
price point, together with the popularity of the tunes that were
recorded, made Little Wonders an immediate and extraordinary success.
Millions and millions of these records
were sold in the nine years the label was alive, more than 20 million from August 1914
through June 1916 alone.- In fact,
so many records were being sold that Columbia initially couldn't manufacture the records fast
enough:- In January 1916 Waterson paid Columbia $12,305.10 to install forty more
record presses to meet the demand for these records.- While it has not yet been possible
to confirm that the proposed building was built, blueprints for a new Columbia factory building (labelled "Building No. 77", see left) in Bridgeport, CT
show a sizeable commitment to Little Wonder.- Plans for the second floor show considerable space allotted to storing
Little Wonder records, while the fourth floor makes specific mention of 80 presses for Little Wonders along with dedicated finishing
benches, conveyors and chutes to record storage.
The records were sold through 5- and 10-cent stores like S. H. Kress, S. S. Kresge,
F. W. Woolworth, United 5 & 10 Cent Stores,
and J. G. McCrory (see postcard views of these stores at left along with the label on the back of my record #64 and an
article that describes how to build a window display like that seen at McCrory, and shipping boxes used to
send sample records to McCrory), along with other stores such as
the Home Amusement Company.- The records were
also sold through mail-order catalogs such as The Charles William Stores (see postcard at left) and Montgomery
Ward, and especially Sears, Roebuck and Co. (click here
to see the listings in these catalogs).- In fact, the 1915 Spring/Summer
Sears catalog (the first catalog to feature these records; see scan
at left) mentioned that "eighteen thousand Little Wonder Records
were sold by one store in Boston the first week they were offered
for sale." -Sears
was probably attracted to these records because they fit Sears'
strategy of offering merchandise at very competitive prices.- And the
records were sold through wholesalers like Plaza Music Company and Selchow & Richter (see their
ads to the trade at left).
There is evidence that these records were also sold in Europe -- at least in England and
Italy -- and in Asia -- at least in Shanghai. -My copy of Little Wonder #99 contains a tax stamp from The Copyright Protection Society (Mechanical
Rights) Ltd., a British organization (see photo at left). -And there is an Italian catalogue of Little Wonder
records ("Piccola Meraviglia" - "Little Wonder" in Italian; click here
to page through the catalogue). -Although the catalogue is not dated,
it features the "child conductor" Little Wonder label on the cover, which would date it from 1919 onward. -The catalogue contains a 200-series
of operatic records that seems to have been produced and sold only in Italy (some of which have been found) along with a few records from the American
series. -And see the ad at left that seems to have appeared on the front page of the
January 18, 1919 issue of The North-China Herald, describing Little Wonders as "the marvel of the age [and] a splendid gift for kiddies."
The sale of the records doesn't seem to have been supported by an extensive
advertising campaign -- and the sales figures certainly indicate that one was not needed. -Most of
the advertising that has been found was aimed at the trade (see the
Advertisements page), although the court papers (discussed below) say an advertisement was placed in
The Saturday Evening Post and that monthly flyers were created (these have not yet been found -- if you have
the ad or flyers, please contact me). -Waterson
did use, at least occasionally, his sheet music business to tout the records by listing the Little Wonder record
number inside the sheet for the tune (see the
Sheet Music page for some examples) -- an early instance of cross-promotion.
The success of the
records prompted Waterson to think of other related businesses, some of which were
launched.- In February, 1915, riding the success of the
records, Waterson brought out a line of piano rolls (see announcement in Variety,
February 20, 1915, p. 5 and the ad in 5 and 10¢ Store Magazine, July 1915 at left).-
Waterson, Berlin
& Snyder were going to open a store themselves to sell these
records and a ten-dollar phonograph (Talking Machine World, February
1915, p. 25; the phonograph was also mentioned in the October 1914
announcement), but changed their mind because they couldn't keep
up with demand (Talking Machine World, March 1915, p. 43). -There
is some debate about whether the phonograph referred to is the one
shown at left, manufactured by the Boston Talking Machine Co. and
called the "Little Wonder," but that's unlikely because
this phonograph, at least initially, was designed to play only vertical
records. -It is also possible the phonograph was a model
called, "The Baby," which was advertised in late 1915 and was one of the first to mention
Little Wonder records specifically (see the teaser and follow-up
ad in Talking Machine World, November and December 1915, at left), but the
data on this point are sketchy.
Other inventors and businesses were also trying to capitalize on the success
of Little Wonder records (including Columbia, which is noteworthy as will be shown
below).- The patent shown at left -- assigned to Columbia -- was for
a tone arm specially suited for small talking machines designed for little records.-
Also at left is a photograph of the Geer Record Repeater, specifically designed to allow a Little Wonder record
to play over and over again without the need to manually restart the needle at the beginning.-
In addition, countless phonograph companies began to advertise the ability of their machines to play Little Wonder
records, while other businesses advertised they were carrying Little Wonders (see the advertisement at left
for a Cecilian phonograph and the record duster, for example).
The success of these records revolutionized
the recorded music industry by driving down the price of standard
records. -Recorded music
had suddenly become accessible to almost everyone. -Dealers
were getting concerned (see Talking Machine World, February 1915, p. 48 and June
1915, p. 49 at left) and Victor felt the need to publicly deny its involvement in their
creation, while criticizing the endeavor (see Talking Machine World, March
1915 p. 54). -Manufacturers
attempted to respond, but as reported in The Music Trade Review (November 27, 1915, p. 76, at left), manufacturers'
efforts to produce a competitive record ultimately died, probably because
"...a certain prominent publisher [failed] to enter into the plan."
-That publisher could well have been Waterson who would
have had no interest in joining and aiding others to compete with himself. -These concerns persisted at
least through 1917 (see The Tuneful Yankee, June 1917, p. 8, at left for
example).
There has not been universal agreement about
the origins of Little Wonder records, but I have unearthed court documents generated by lawsuits
between the founders (including trial papers and
an appellate decision)
that reveal what is probably the definitive version of events (reading the court documents requires Adobe Acrobat Reader®;
click
here for free download). -
The two key people were Waterson and Victor H. Emerson (see photo at left). -Emerson
was the superintendent of the record-making department of the Columbia Phonograph
Company, where he was responsible for master record reporting, making arrangements with recording
talent, making the master or wax records, and, as a sideline, perfecting inventions related to making
master records.
According to the court documents, in July 1914,
Emerson told Waterson that the American Graphophone Company, of which the Columbia Phonograph Company was a
subsidiary, was about to manufacture a small record, of about five and one-half inches in diameter (Emerson may
even have invented them). -The plan was to
sell the records to the public for ten cents. -Emerson
introduced Waterson to George Lyle (see photo at left), the vice president and general manager of the Columbia Phonograph
Company, and Waterson became interested in being the exclusive sales
agent for the records. -Waterson was a good choice because of his music
publishing business and his network of
other publishers – these would be needed to get access to titles the public wanted to hear at royalty prices
that would allow the records to be sold at a profit (more about that below).-
And Emerson brought connections to the singers and musicians whose talents would be needed for the recordings.
A contract was signed in August, 1914 that gave Waterson exclusive sales rights for five years.
-Under the terms of the deal, Waterson agreed to take American Graphophone's
output of small records up to a quantity of 500,000 per week, and Waterson was to pay all copyright/royalty costs. -Waterson
agreed to pay six cents per record when the recorded material was copyrighted, and six and one-third
cents when it was not. -Waterson sold the records at seven cents (see one of the
ads to the trade),
and therefore the profit would either be one cent or two-thirds of a cent on each record sold, excluding the
royalty payments.
Interestingly, one of the other terms of the contract required that
both parties keep Columbia's role in manufacturing the records a secret, which explains why this was never
publicly admitted at the time. -In fact, even by 1918 when the records were back in
the hands of Columbia, Columbia's listing in the trade directory contained in the March issue of Talking Machine World only mentioned that
they manufactured ten- and twelve-inch "Columbia" records.
Waterson applied for the trademark on December 5, 1914 (see left) and the records were manufactured
at Columbia's plant in Bridgeport (see postcard at left)
using Columbia's patents. -The dates on the back of the records refer to patents owned by Columbia; by 1920 an additional line
was added to the back to say "Made in United States of America"
(both versions are shown at left). -Emerson supplied at
least some of the talent that made the original records. -In fact, Emerson
arranged for Henry Burr to record "Ben Bolt" as a pilot recording to test whether these records could be manufactured,
and this recording became Little Wonder record #1. -Some of the
original musicians performed as a favor to Emerson and to stay in good stead with Columbia, but – and there is some
confusion on this point – at least some
were paid. -For example, Albert Campbell, Arthur Collins and John Meyer received $25
each for recording #56, #64, and #65; Arthur
Collins received $15 for recording #17; and Byron Harlan and Arthur Collins received $60 each for recording four
duets (numbers unknown). -These are the arrangements that made Little
Wonders possible.
Clauses in the contract required Columbia "to designate by some suitable
process, on each and every record...the name of the musical composition or selection contained upon the
record," but if Waterson wanted a label affixed he would need to pay the costs associated with printing
and shipping the labels to Columbia. -This might explain why the earliest records
had no paper labels, and why paper labels appeared about the time Columbia took the records back (see below).
Competition for these records arrived from Emerson himself
in 1915. -Emerson left Columbia in
1914 or 1915 and started his own recording company, Emerson Phonograph
Company, Inc. -Emerson had just purchased a patent from George T. Smallwood
(patent number 639,452) that allowed him to manufacture a lateral-groove record with a 45-degree groove
wall. -Emerson's
line included 5 7/8 inch
discs, obviously directly patterned on Little Wonders, and these
were produced through 1919.
In addition to competing with Waterson, in 1915 Emerson sued him. -Emerson claimed
there had been a verbal agreement between them whereby Emerson was
to have received one-half cent as a royalty for each record sold,
and that he had not been paid in full (see the "Emerson v. Waterson" section below for
details on the trial).
Around 1916, while the lawsuit was working its way through
the courts, control of the Little Wonder label was transferred to Columbia, which then
operated Little Wonder as a separate division. -(There
was a clause in the contract that allowed Columbia to default on the contract and take the distribution
of the records back for a payment of
$10,000 to Waterson, but it is not clear whether that was the way in which the records
returned to Columbia.) -The
last label style
contains an address for the Little Wonder Record Company as 2036 Woolworth
Building, New York, NY, which is where Columbia's offices were located
(see postcard of the building at left along with articles about the succession of managers of the Little Wonder
department, one of which mentions the location: Talking Machine World, December 1919, p. 35) and
the trademark for that label style was held by Columbia (see trademark at left).
Little Wonder records were still attracting attention in 1917
(see listings at left from the February, June and July issues of The Tuneful Yankee, a hobbyist magazine) and Columbia was
still supporting the label with retail advertising, at least occasionally (see
ad from the February issue
of The Tuneful Yankee).- And at some point, although the date is unknown,
Columbia created a mailer (see left) that people could use to mail Little Wonder records, presumably an
attempt to stimulate sales of the records as gifts.-
By 1918, however, sales were beginning to decline
as competition increased and the public's interest in small discs
decreased. -The patent monopoly was
ending as the patents expired or were invalidated, and independent
recording companies were starting. -The
major labels were reducing their prices for standard-sized records,
which were of better quality. -In 1919, Little
Wonders were being offered as rewards to readers
of some magazines in exchange for signing up new subscribers (see
listing of Youth's Companion
subscriber premiums), and at least one company was offering the records for as little as $6.00
for 100 (see ad in Popular Mechanics at left). -Some time around 1920, one record store owner
seems to have been giving away Little Wonder records to promote his business (see the promotion record at left). -The
1921 Fall/Winter Sears catalog was the last Sears catalog that contained
Little Wonder records. -This decline
means that, unlike most antiques, the latest Little Wonders, which
are more rare, are more valuable.
At some point, though, Columbia entered into a partnership with
Rust Craft, one of the earliest and very successful producers of greeting cards and other items
(something like Hallmark of today).-
That partnership produced a series of children's records, titled "Mother Goose Records," which were
attributed to the Little Wonder Record Company.- These records
were sold in a decorated box (see photos at left) and were produced by applying a different label
to Little Wonder records (see photo at left, where the
matrix number of the original LW record is visible).- In this way,
LW #943 became 464-B and LW #814 became 464-C.- I
do not know which record was used for 464-A (assuming there was one), or whether the series
continued. -If you have any additional information about this series,
please contact me.
By 1923 no new Little Wonder records
were being recorded, undoubtedly related to Columbia's bankruptcy
that year.- Waterson died on August 10, 1933 (see obituaries at left; the last line of the Herald Tribune
obituary ends "...won several big stake races.") having
prospered in many other businesses in the years following his Little Wonder venture.
Emerson v. Waterson
The table at left shows the chronology of events in the
circuitous path of the two trials and two appeals of this case, and the table below shows the two sides of
the arguments that were made.- The first trial was
dismissed after the cases were presented. -Emerson
"clarified" the terms of his contract with Waterson
after the first trial, now claiming that the contract required Waterson to pay no more
than a half-cent per record as a royalty payment. -This cap would have
resulted in a profit; Waterson had paid more than the cap (see the table at left for my reconstruction of the
detailed accounting Waterson
provided during his deposition) and claimed there was none. -The accounting
shows that royalties accounted for 86% of the expenses, and nearly 80% of these royalties
were paid to companies controlled by Waterson, Berlin & Snyder. -So while it
appears that Waterson lost money in the Little Wonder Company, he seems to have more than made up
for these losses in the money paid to his publishing businesses.
Also note that the
accounting was reported for two time periods: the first from August 1914 through April 21, 1915 and the
second from April 22, 1915 through June 30, 1916. - This is because Emerson
assigned any interest he might have in Little Wonder records to the Emerson Phonograph Company on April 21,
1915. -If Emerson was successful with this lawsuit, he would have benefited personally
from profits before April 22, 1915 while the Emerson Phonograph Company would benefit from those after.
One other interesting point is that Waterson's testimony indicated he had promised
profit percentages to other music publishers, apparently as a way to gain access to their tunes.-
In addition to the royalty payments due, Jerome H. Remick was to receive 10% of the profits and Shapiro, Bernstein was to receive
5%.- There were no profits, however, and so these publishers would not have received any
payments except for the royalties.
The New York Supreme Court, on October 11, 1917, agreed with Emerson
(see the appellate decision and Talking Machine World, October 1917,
p. 126 at left). -That verdict was overturned, however, by the Appellate
Division on May 31, 1918 on the grounds that there was insufficient proof that such an agreement
existed.- The court went on to state that since the existence of a contract
was not established, there was no need for it to consider whether Emerson
could personally profit from a deal he made as an employee of
the company (see the appellate
decision and note that Talking Machine World got this wrong: see June 1918, p.
32 at left). -Emerson appealed the reversal, but was not successful (decision rendered
on March 19, 1920).
EMERSON AND WATERSON VERSIONS OF EVENTS
EMERSON
VERSION |
WATERSON
VERSION |
Emerson said
there was a large commercial market for the records and it might
be possible to get the contract for Waterson. |
Emerson said
the people at Columbia were "pikers" and never sold
more than 5,000 – 7,000 records, and so they were afraid
to put out Little Wonder records. -Emerson
wanted Waterson to tell them about the commercial possibilities
of these records. |
Emerson played
no role in drafting the contract between Waterson and American
Graphophone in Saratoga. -He was
not acting as a company representative and negotiating the contract
was outside his responsibilities. -He
could therefore legally profit from a side arrangement. |
Emerson actively
worked with Waterson to create a contract that would be agreeable
to both parties. -In fact, it was
Emerson who suggested to Lyle that Waterson be held responsible
for the royalty payments.- Emerson
was acting as a company representative and could therefore not
legally profit from a side arrangement. |
There was
an oral agreement that Emerson would share in the profits. |
There was
no agreement with Emerson. |
There was
no mention of the ½ cent royalty payment cap in the bill
of particulars for the first case because of an oversight; Emerson
simply neglected to tell his lawyer. |
The royalty
cap was added only when Emerson discovered – through the
course of the first trial – that there were no profits
without limiting royalty payments and therefore there would be
nothing for him to collect. |
Applying the ½
cent royalty cap meant that Waterson would have made a profit.
-Deducting the payments received,
and including interest, the amount owed to Emerson was $48,485.59. |
There was no contract
and, even if there was, there was no cap on royalties. -The
company lost $101,006.13 through June 30, 1916 and so no amounts
were owed to Emerson as a share of the profits. -(Note:
Emerson's lawyer checked the figures Waterson provided and discovered
that the loss was only $72,545.61. -See my reconstructed
accounting calculations at left.) |
Emerson asked for the
original suit to be dismissed because at the time the suit was filed Emerson had an oral contract
with Miles Bracewell to give Bracewell an unspecified share of the
profit.- This
contract would jeopardize the case.- Bracewell assigned his
claim to the Emerson Phonograph Co. and the case was renewed.- Emerson's
lawyers never stated that lack of profits was the reason for agreeing to dismiss
the case. |
Emerson agreed that the
initial case should be dismissed when he discovered that there
were no profits. -Emerson's lawyers
stated that lack of profits was the reason for dismissing the
case, but due to a stenographic error that was not written in
the court records. -The Bracewell
claim was a concocted excuse to bring the matter to trial again
and adjust the terms of the contract to cause a profit. -And
even if the Bracewell claim was real and an impediment, Bracewell
had assigned all of his interests to Emerson in September 1915, November 1915 or March 1916
(different dates are mentioned in different places),
before the first trial took place (but not, in some instances, before the case was
filed, which was deemed to matter by Emerson's attorney). -However, in a court document
dated December 11, 1915 filed as part of the first lawsuit, Emerson states that
"...all moneys [in this action] are due by [Waterson] to [Emerson], and no
one else has any interest therein." -Waterson's attorney did not make use of this
statement.
|
Amounts given to Emerson
by Waterson on four occasions ($250, $500, $580, $1,000) were
payments on the contract. |
Amounts given to Emerson
by Waterson were loans to Emerson who was always short of money.-
The money was only lent because Emerson was an important business associate. |
Sources:
- Brooks, Tim.-
Little Wonder Records: A History and Discography. -St. Johnsbury:
The New Amberola Phonograph Co., 1999.
- Koenigsberg, Allen.-
The Patent History of the Phonograph, 1877-1912. -New York:
APM Press, 1987.
- Menlo
Park in Edison, New Jersey.-
"Little
Wonder Records." -Date unknown.
- Sutton, Alan.-
"America's
Miniature Record Fad."-
The Mainspring Press 1996.
- Paul, George F. -"Sears, Roebuck
& Company and the Early Cylinder Graphophone." -In
The Groove January (2003): 4-33.
- Sutton, Alan.-
"The
Other Sides of Victor H. Emerson."-
The Mainspring Press 2001.
|