Quietly Mr. Straus told his attorney to go ahead. He said that he would fight the fight, to the last ditch. No expense was to be spared. The case would be carried, if necessary, in every instance to the highest court of appeal.
Accordingly, Mr. Wise prepared a suit against the American Publishers' Association which holds the record for appeal in the history of jurisprudence in this country. Three times it went up to the Court of Appeals of the State of New York; finally, after nine years of legal battle, it was carried to the United States Supreme Court, which, after due deliberation, decided every point in favor of R. H. Macy & Company.
That was in December, 1913. Early in the following May the firm had the satisfaction of having the publishers hand over a check on the Park National Bank for $140,000. This sum represented a settlement for the difficulties that Macy's had had to undergo for more than a dozen years past in getting stock for its book department. Ofttimes it was necessary to follow devious paths indeed to gain this end—and still hold fast to the fundamental underselling policy of the store. Sometimes the store had to go so far as to send to other retail stores to buy a certain volume, at the full retail price, and then resell it to its patrons, at its customary ten per cent. off the price of the store at which it had just purchased it. So much if you please for the expense of standing by a principle!
A short time after this signal victory of Macy's, certain large manufacturers of patented articles, who for a time had sustained in the lower courts their claim to a fixed retail price standard, sought definitely to control Macy retail prices upon their products. Macy's, however, defied them, and the Victor Talking Machine Company, one of the leading adherents of price maintenance, brought an action in the United States courts to compel Macy's adherence to the rules for resale at a certain price. Again there was a royal battle and again Macy's triumphed signally, for on final appeal, the United States Supreme Court again decided in favor of the store in Herald Square, on every one of its contentions. Macy's then retaliated and brought suit against the Victor Company, under the Sherman Law. In a bitterly contested action, which culminated in one of the longest trials before a jury on record—consuming more than ten weeks—Macy's recovered a judgment of $150,000, and a counsel fee of $35,000; after which no paths apparently were left open to the manufacturers who sought to maintain the retail prices that suited them best. Court decisions seemingly blocked all possible pathways.
One path did remain, however—legislation. Effort was made to pass a measure down at Washington to permit and sustain retail price maintenance, which in reality meant the emasculation of the Supreme Court's decisions. When that measure came to a hearing before the Interstate Commerce Committee of the House one of the Macy partners, accompanied by Mr. Wise, the store's counsel, and Mr. E. A. Filene, the well-known Boston merchant, came before it in opposition. Up almost to that hour, Macy's had gone it alone. Now the attention of the country was focussed upon its fight and the National Retail Dry Goods Association came in with both its sympathy and its active co-operation—hence the appearance of Mr. Filene, who made a most excellent argument in support of the Macy contention.
It was shown definitely to the members of this House committee that many, if not all, branded and patented articles took a retail profit of from fifty to seventy-five per cent. The member of the Macy firm took a watch nationally advertised at $2.50 and duplicated it with a watch which his store sold at sixty-five cents, going so far as to take the two watches apart so as to show conclusively that the one was quite as good as the other. Certain other commodities went under similarly critical analyses. When the hearing was completed, the committee laughed the bill out of court. Since then the question of price maintenance by the original producer has been permitted to drop. Macy's had won its hard-fought fight; won it cleanly and honestly. By performance it had made good its statements that it proposed wherever it was humanly possible to undersell its competitors. That was no idle phrase.
It is indeed one thing to make a statement—whether in print or by word of mouth—and another and ofttimes a far more difficult thing to make good that statement by performance. No one knows this better than Macy's. Having set down such a definite and distinct statement it must be prepared to make good. It must be so covered and protected at every possible point that if challenged it can give a good account of itself. In fact, challenges come in every day—they have been coming in every day for a good many years now—and the house continues to make good its statement willingly—even joyfully. Here it is, then, that the comparison department functions; here it is that the original fundamental policy of Rowland H. Macy—to buy and sell only for cash—strictly adhered to during the sixty-four years' life of the business—makes it possible for the house to make good.
How, then, is it done?
The answer is easy.
Suppose, if you will, that Smith, Brown & Jones are having a special sale of Mother Hubbard wrappers. There are advertised as their regular $4.97 stock, marked down (at a heartbreaking sacrifice) to $3.79. Manifestly, it is up to R. H. Macy & Company to sell the same quality of Mother Hubbard for less than $3.79, if they are to live up to their oft-stated policy. It is quite as patent that Macy's must know just what kind of wrappers Smith, Brown & Jones are selling, if it is to compete on an exact basis. Nothing simpler. One of the Macy staff of shoppers is hurried forthwith to the scene of the bargain and, purchasing one of the garments, brings it back post-haste to the Macy comparison department. Furthermore, it is in this department by ten o'clock of the morning of the sale. It is then matched as closely as possible with a Mother Hubbard from the Macy stock, and the two garments compared, point by point. If, after careful examination, it is found that Macy's is charging more, or even the same price, for equal quality, then its prices are immediately marked down to a figure at least six per cent. lower than that advertised by the other store. And this, mind you, is not an exceptional performance but a daily procedure in the carrying out of which an exceptionally alert woman manager and twenty expert shoppers are constantly kept busy.