
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

Record #64

Postcard of McCrory Store

5 and 10¢ Store Magazine,
July 1915, pp. 36-37

Boxes used to ship
samples to McCrory

1915 Sears Catalog

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)

Tone arm mounting patent
(Click picture to page
through entire patent)
|
Talking
Machine World, February 1915,
p. 48 |
Talking
Machine World,
June 1915,
p. 49 |
 |
|
The Music
Trade Review,
November 27,
1915, p. 76 |

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)

Talking
Machine World,
December 1919, p. 35

Columbia Trademark
Filed November 25, 1919

Youth's Companion,
October 16, 1919

Popular Mechanics,
May, 1919
|
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 (even though the announcements
say these were going to be priced at 15 cents). -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.-
The records were sold through 5- and 10-cent stores like S. H. Kress, S. S. Kresge,
F. W. Woolworth (see the label on the back of my record #64 at left), United 5 & 10 Cent Stores,
and J. G. McCrory (see postcard and article at left 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 and the Plaza Music Company (see their ad
to the trade in the Advertising
section).-
The records were also sold through Sears,
Roebuck and Co. mail-order
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.-
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 was designed to play only vertical records.- And as the patent
at left shows, other inventors (including Columbia in this instance, which is noteworthy as will be shown
below) were trying to capitalize on the success of Little Wonder records -- this patent was for
a tone arm specially suited for small talking machines designed for little records.
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 manufacturers attempted to respond. -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."
-As we'll see below, that manufacturer was probably Columbia.
There has not been universal agreement about
the origins of Little Wonder records, but I have discovered court documents (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. -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 to
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 patent numbers on the back of the records were owned by Columbia
and are shown on the 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, Waterson sold Little Wonder back 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 Talking Machine World, December 1919, p. 35 at left) and
the trademark for that label style was held by Columbia (see trademark at left).
By 1918, 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 premiums to readers
of some magazines in exchange for signing up new subscribers, and at least one company was
offering the records for as little as $6.00 for 100 (see Youth's Companion
and Popular Mechanics ads 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 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.
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 by the Appellate
Division on May 31, 1918 on the grounds that even if such an agreement
existed – evidence for which the court found unconvincing – Emerson
could not personally profit from a deal he made as an employee of
the company (see the appellate
decision and Talking Machine World, June 1918, p.
32 at left). -Emerson appealed the reversal, but was not successful.
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.) |
| Emerson asked for the
original suit to be dismissed because Emerson had an oral contract
with Miles Bracewell to give Bracewell a share of the profit.
-This assignment 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,
before the first trial took place. -This
could therefore not have been the reason for the first dismissal.
|
| 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
and 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.
|