Tuesday, July 27, 2021

All the King's Horsemen, Part Two

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Now to circle back to one of “Specialty King” James Kelley’s advertisements, in which he advertised the “gothic” “Keystone Banker” in 1932.  


There was a trademark filed for the Keystone name, but it was registered by Alfred Berolzheimer on behalf of the Blaisdell Pencil Company.  Berolzheimer claimed that Blaisdell had been using the mark since January 1, 1911, and he applied for registration on October 27, 1921:


I’ve always thought that the trademark was problematic, since the Keystone pencils I have don’t bear any strong resemblance to Eagle products (Blaisdell was a subsidiary of Eagle by this point); if anything, they look more like they were supplied by David Kahn, Inc.  


Then there’s the logo above the word: a K within a Keystone shape most of the time (one has the K within a diamond):


I’ve wondered whether that K stood for Keystone . . . but that seems a bit redundant.  Kahn?  These look more like David Kahn products, but they aren’t exactly the same . . . and besides, known David Kahn brands have DK in a circle, not just the letter K.  

Since Kelley had also “lifted” the Banker and Master names after the previous incarnation of the Bankers’ Pen Company had given it up, and he referred to his “gothic” Bankers as “Keystone Bankers,” I suspect the K on Keystone pens and pencils stood for James Kelley.  Once again, Kelley appeared to be appropriating an abandoned name – there was a “Keystone Fountain Pen Company” advertising pens during the teens and early 1920s, using many of the same shenanigans Kelley would later employ.  One was advertised in The Bourbon News (Paris, Kentucky) on April 20, 1917:


Keystone is no longer listed in the 1922-1923 New York directory, and advertising halts for this incarnation of the Keystone in 1925; four years later, the Keystone name was revived – apparently by James Kelley – and he would drag yet another third tier brand into the mix.

Classified advertisements for “cheap new” Keystone pen and pencil sets appear in Pomona, California beginning in April, 1929 - at 225 N. Rebecca, a single-family residence.  These notices began on April 26, 1929 in The Pomona Progress Bulletin:


Beginning in November 1929, advertisements very similar to those hawking Banker and Waterson pens and pencils begin appearing in drugstore advertisements in Los Angeles, a $11.50 set selling for just $1.50.  This one appeared in the Modesto (California) News-Herald on December 11, 1929 . . .


. . . and it was identified as a product of the “Packard Pen Company.”  Packard is a name that makes collectors shudder – later examples are some of the ugliest pens and pencils in pen(cil)dom:



Who do you suppose was behind the Packard Pen Company?  An advertisement for Packard pens in the Battle Creek (Michigan) Enquirer on June 21, 1928 answered that question:


The tipoff is buried in the fine print: “Packard & Waterson pens also made in smaller size”:


On December 23, 1930, the Rosslyn Drug Company advertised a three-piece set including a pocketknife strongly resembling Salz’ “Three Musketeers” set in the Los Angeles Evening Post:


The following year, “Bullet shaped” Keystone Pens were offered on behalf of its unnamed manufacturer in The Los Angeles Times on September 13, 1931.  The similarities between this and Kelley’s Banker advertisements are too much to ignore:


An advertisement in The Idaho Statesman illustrated “Banker-Keystone” pens and pencils on December 16, 1931.  These were more rounded than the bullet-shaped models; however, if Sheaffer forced the modification, it didn’t scare Kelley much.  These were offered with “Lifetime Chromium” nibs and if you look close, the illustrations showing the letter S in a circle at the top of otherwise unmarked clips:


An address for the company was finally revealed on March 4, 1932, when an advertisement in the Brooklyn Times Union identified the Keystone Pen and Pencil Company at 467 Willoughby Avenue, Brooklyn, New York.  


The company is listed at that address in the 1933 Brooklyn City Directory, and Sam Krasnor is identified as the proprietor:


Just as was the case in California, 467 Willoughby Avenue is a residence, in this case a three-story brownstone in an exclusively residential area - the 1933 directory lists Sam Krasnor and his wife Ruth as the occupants.  From what I can tell, “Sam Krasnor” had no other connections to the pen and pencil industry – I conclude that he and the Keystone Pen and Pencil Company were just another front for James Kelley’s operations.

Keystone advertisements along the lines of what have already been presented limp along through 1937, after which sets are offered on clearance for less than a dollar – no gimmicks, no side deals.  I never found any indication that the Federal Trade Commission caught up with Sam Krasnor or the Keystone Pen and Pencil Company, so perhaps Kelley’s nine-headed Hydra sacrificed a noggin for the cause.

However, the FTC did catch up with the Packard Pen Company, identifying it as an alias for one Harold Tanner – another name with no other apparent connections to the writing instrument industry.  On August 23, 1937, the FTC enjoined Tanner from the same litany of offenses as Kelley’s other enterprises, including specifically his use of the term “Lifetime Guaranty” . . . 


. . . and his use of “Master Banker’s” as a measure of size.  If the FTC had any inkling what was going on, they would rightly had assumed that the use of “Master” and “Banker” only meant James Kelley was behind it all.

 

Monday, July 26, 2021

All the King's Horsemen, Part One

This article has been included in The Leadhead's Pencil Blog Volume 7, now available here.


If you don't want the book but you enjoy the article, please consider supporting the Blog project here.

James Kelley, the self-described "Specialty King," was making good money and he wasn’t about to let smug Washington bureaucrats tell him how he was going to do business.  In his mind, if the Federal Trade Commission was going to try to stop him, he would find other ways to continue earning his living.  There’s a fine line between plausible deniability and obeying the letter of the law, and Kelley walked that fine line about as gracefully as a drunk being pulled over and ordered to walk straight and true. 

Let’s revisit this pencil, marked “Master” on the clip:


Above the word “Master,” there’s an M within a circle:


I wrote about this pencil in Volume 1, page 333, and I dutifully noted the connection between “Master” and the Bankers’ Pen Company - in an endnote on page 435, I indicated that matching pens were imprinted “The Master Pen / Banker’s Pen Company / New York.”

That endnote was partly right, but the pens I referred to were not “matching pens.”  As yesterday’s article establishes, those pens were made by the earlier “Bankers’ Pen Company” which folded before 1922 – much earlier than this pencil was made in the late 1920s or early 1930s.  In addition, these cheaper pens and pencils with a circle M mark, like most third-tier writing instruments, didn’t have imprints.  

Taking the evidence as a whole, it is obvious to me that this pencil is a James Kelley production.  If he was restrained from appropriating the name of other manufacturers, he must have reasoned, nothing in the order would prevent him from appropriating the name of a model used by a defunct manufacturer. Letter of the law . . . plausible deniability.

That conclusion is further supported by other details.  While the Federal Trade Commission’s injunction preventing Kelley from marketing pens or pencils marked “Waterson” was issued in April, 1930, that injunction didn’t happen overnight.  Inquiries and investigations by the FTC (and perhaps from L.E. Waterman) would have started months earlier, which explains this:


During the latter part of 1929, several newspapers out west ran this advertisement for “Genuine Waterson Self-Filling Fountain Pens” (this one is from the Great Falls (Montana) Tribune on July 2, 1929).  The advertisement states that orders are filled by mail order, but customers are invited to see Waterson pens in a window display:


At the “Nassau Pen and Pencil Corporation,” 311 Central Avenue, Great Falls, Montana.  The Nassau is another third-tier brand with which even beginning collectors are well familiar, and a connection between Nassau and Kelley’s Waterson explains something I’ve always wondered about.  Nassau pencils come in Welsh-style bell top models, just like the Banker and Waterson:


But in all but one case among those I’ve found, above the word Nassau is an M within a circle, rather than the letter N:


Transitional models and those with cutout bands that appear to have been supplied by David Kahn share that same anomaly:



Later models, however, universally sport an N in a circle above the word Nassau:


Something else is amiss with the Nassau Pen and Pencil Corporation: no, its offices were not in Great Falls, Montana – at least, not exclusively.  The earliest mention I found for the company was this advertisement in the Wilmington, Delaware Evening Journal on April 17, 1929, which provided an address of 814 Market Street, Wilmington, Delaware:


An advertisement in the Bridgewater, New Jersey Courier News on September 13, 1929 provides no address, but it looks suspiciously like one of James Kelley’s promotions:


On December 4, 1929, this advertisement in the Harrisburg, Pennsylvania Evening News identified a “Nassau Fountain Pen Company, New York City”:


The advertisement published by Inglehart’s Drug Store in the Oshkosh Northwestern on March 6, 1930 reprinted the company’s warranty papers, providing an address of 116 Nassau Street, New York:


Another advertisement in The Morning Call in Allentown, Pennsylvania on September 25, 1931 is revealing: no address is provided for the “Famous Nassau Pens,” but the text describes the large, clunky flattop pen as “the latest 1931 Balanced Master or Bankers’ size.”  Master, Banker, and another assault on Walter Sheaffer’s Balance, all rolled into one:


Since Nassau was running a mail-order operation, either the company was moving around rapidly or was opening storefronts across the country, literally as a front for where the operations were really located.  The Federal Trade Commission finally caught up with the Nassau Pen and Pencil Corporation on April 22, 1938, issuing an injunction to prevent Nassau from using the term “Life Time Guarantee” in an order nearly cut and pasted from the order against James Kelley.  The FTC apparently never figured out who was really behind the company, since orders typically named the principals involved.  I’m sure to a moral certainty, had the FTC done a little more digging, they would have found James Kelley behind it all.



Sunday, July 25, 2021

Banker and the Specialty King

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Sometimes all it takes is a bit of persistent tugging at that one loose thread on a sweater, and the whole thing unwinds.  

After I finished yesterday’s article linking Gordon’s “fanged” clips marked “Safer” with the Worth Featherweight Pen Company, something nagged at me.  Since Gordon’s clips also turn up occasionally marked “Banker,” I wondered if there might be any connections between the Banker-marked Gordon clips and the Worth Featherweight story.  


Spoiler alert: there wasn’t – at least, none that I was able to find.  What I did find, however, answered questions that I’ve had since I first started collecting more than twenty years ago now.

“Banker” – at least, on pens and pencils like my Gordon-clip example – is a brand collectors refer to as “third tier”:  lower quality pens and pencils which were typically more colorful than functional.  We all cut our collector’s teeth rounding up these cheaper brands in pretty colors – names like Banker, Keystone, Waterson. “No-names” is an accepted collector’s term for cheaper writing instruments such as these, even though you’ll find literally hundreds of different names on their clips.  “No name of significance” would be more accurate, I suppose.

Who made these “no-names’ (or produced them) is usually lost to history, just because nobody has taken the time to go gravedigging for them.  By the time we graduate to the point where we are doing this level of heavy-duty research, we’ve also graduated to the point that we don’t care about these lowly brands as much as we once did.  Now, however, I had a reason to dig a little deeper into my old third-tier, no-name stomping grounds, looking for the proprietors of the “Banker.”

There was a “Bankers Pen Company” in New York during the teens that receives some collector interest.  That company is best known as maker (producer) of the “Master Pen,” at 1 Madison Avenue - the Met Life building, as most people know it.  David Nishimura has posted articles on the subject – the early Bankers Pen Company was apparently supplied by Julius Schnell (of later airplane-clip “Penselpen” fame), and in 2017 David found a boxed example a few years ago suggesting that the Master Pen (at least at some point) was manufactured by Salz.  For David’s story, see https://vintagepensblog.blogspot.com/2017/05/the- master-pen-salz-connection.html.

There’s a more detailed history of the Bankers’ Pen Company in Walden’s Stationer and Printer, published on January 10, 1919:


According to this account, a man named Joe Walsh put together a new kind of pen around 1910 or 1911 (“about eight years ago,” according to the article).  He mailed out “about 500" pens to bank officials unsolicited, asking them to try it out and to send him $2.00 if they liked it.  Nearly all of the 500 were sold, followed quickly by another 50,000 in short order – thus, Walsh’s pen became known as the “Banker’s Pen.”  

According to Walden’s, William P. Chase bought the company from Joe Walsh in 1915 and added “a complete line of office supplies” to the company’s offerings. The 1919 article was published on the occasion of the company’s reincorporation as the “Bankers Pen and Office Supply Company” and notes the company had increased its capitalization from $25,000.00 to $250,000.00 in common stock.  Chase is identified as the company’s treasurer, while Louis A. Pinon (a “capitalist” who had spent the last 34 years in Havana) was the company’s president.  R.C. Hay, a recent Yale graduate, was the company’s vice president and general manager.

Other sources partly confirm the Walden’s account: Polk’s 1914 copartnership directory lists a Bankers’ Pen Company at 1 Madison Avenue, but it associates the firm with someone else – John J. Kilcoyne:


No patents appear to have been issued either to Joe Walsh or John J. Kilcoyne, and neither registered a federal trademark for the Bankers’ name.  However, consistent with the Walden’s article, Polk’s copartnership directory for 1915 lists a Bankers’ Pen Company, Inc. with Chase serving as secretary to the company.  Clifford B. Harmon is listed as president, with James K. Duffy as vice president and Wilson C. Reed as treasurer.


By 1919, Polk’s Copartnership directory lists the individuals identified in the Walden’s article . . . mostly.  Hay isn’t listed (perhaps he was brought into the firm after the directory was published) and three other individuals appear as directors: Lewis M. Symms, W.J. Keely, and Albert A. Ochs:


On August 8, 1920, the Bankers’ Pen Company advertised for salesmen in the New York Herald:


Then . . . the Bankers’ Pen Company vanishes.  The company isn’t listed in the New York City Directory for 1922-1923; perhaps it was renamed, but if the company’s bread and butter was supplying the banking industry, the mini-Depression of 1921 which resulted in the failure of so many banks may also have triggered an abrupt end to those who sold them office supplies – other than red ink, I suppose.  William P. Chase is listed in the 1922-1923 directory, but as president of the “Kor-Nut Company, Inc.”  In the 1925 directory, he is president of the Chase Candy Company, Inc. 

Meanwhile, a man named James Kelley appears in the 1922-1923 directory.  Was this the same man as “W.J. Keely,” listed as a director of the Bankers’ Pen Company in 1919?  Perhaps – as will be discussed later, Kelley had good reason to use aliases.  In 1922, however, James Kelley listed an occupation as flamboyant as the man himself must have been: “Specialty King.”


I’m reminded of the time I was contacted by a local community college to see if I would be willing to teach a business law class – for free, of course.  I said I would because I thought it would be fun . . . until they put me through a rigorous application process for the privilege of volunteering and they refused to accept my “application” until I provided my title with my current employer.  

I’m a sole practitioner, I replied.  No, they said.  You must have a title.  “Fine,” I said.  “Put down ‘God’ and ‘Emperor.’”

I did not get the job.

By the time the 1925 directory was published, James Kelley provided a more traditional description of his occupation, identifying his profession as “novelties and fountain pens” with a business address of 407 Broadway.  His residence was reported as being in East Orange, New Jersey:


Kelley had been in fountain pens for several years.  In 1915, he was just one of several New York pen companies who drew the attention of the newly formed Federal Trade Commission, which instituted proceedings against James Kelley in one of its earliest complaints – number 670, as itemized in the FTC’s first annual report in 1915.  The Commission took on the New York pen industry at large for “fictitious pricing” on boxes, intended to mislead the public that the pens were higher quality pens being sold at a discount.


Kelley later operated as the “James Kelley Fountain Pen Company,” although there’s no listing for a company by that name in the directory.  On November 12, 1931, Anderson’s Drug Store in Mattoon, Illinois advertised in the Mattoon Journal Gazette that it would be introducing the new “bullet shape” Banker fountain pens and pencils, made by “the largest manufacturer of fountain pens and pencils in the United States.”


The advertisement, however, includes illustrations of a flattop Banker pen and a bell-top pencil with a Welsh-style nose. But wait a tick . . . what’s that say on the clip?


Waterson, with a K within a circle above the name.  I have a few Waterson pencils, and just as shown in that 1931 advertisement, all have that K above the name within a circle. 



I had always suspected that the K within a circle stood for Kahn, as in David Kahn, Inc., makers of the Wearever, but I had my doubts.  Kahn’s other brands had “DK” in a circle, not just the letter K:


Yes, Virginia, we finally have the answer now - that K stands for Kelley, and the Waterson brand was made (or produced) by the James Kelley Fountain Pen Company – which, incidentally, was spelled “Kelly” in his advertisements, whether by accident or obfuscation.

Kelley was likely trying to keep a low profile as he peddled his Watersons under the watchful and litigious eyes of the L.E. Waterman Company.  Nevertheless, his stunt did draw attention – if not from Waterman, from the Federal Trade Commission for a second time.  

On April 7, 1930, the Commission issued several orders against James Kelley (13 F.T.C. 284), including orders prohibiting him from representing that he was a manufacturer of pens unless he really was; from supplying fictitious price tags to retailers so that they could offer his pens at an equally fictitious “discount”; and last but most revealing, from “using as a tradename for fountain pens or for pencils the name “Waterson” or any other name in sound or appearance simulating the name “Waterman,” or the name of any other manufacturer of fountain pens or of pencils, or any trade name under which any other fountain pens or pencils are commonly known and sold by any other producer of, or dealer in, fountain pens or pencils.”


The Federal Trade Commission’s order didn’t slow James Kelley down much, since the 1931 newspaper advertisement he printed a year after the Commission’s decision stated he was “the largest manufacturer of fountain pens and pencils in the United States” and illustrates a Waterson pencil.  Kelley, it appears, simply fled out west, where he must have thought he would be out from under the watchful eyes of Federal regulators  – and those pesky other manufacturers he was copying, such as Walter Sheaffer.

Perhaps the illustration of a Banker pencil with a Waterson clip was a gaffe – albeit a telling one.  There are Banker pencils which, other than the clips, are identical to the Waterson pencil shown.  However, they have Banker clips which are pressed into the barrel rather than Z-clips like those on the Waterson:


In the spring of 1932, advertisements appeared in the western United States, from Nevada to Idaho, announcing “the new 1932 gothic model Keystone Banker,” which looks remarkably like a Sheaffer Balance.  This one appeared in the Nevada State Journal on April 3, 1932:


The announcement is described as a “manufacturers’ advertising offer,” but at the bottom, the manufacturer is identified not as the James Kelley Fountain Pen Company, but as the “Banker Pen Company” located at 417 Governor Building, Portland, Oregon.

These “gothic model” Bankers are advertised in french onyx, mottled green or black and white.  Here’s the examples I’ve found:


Those butterscotch-swirl pencils might be “french onyx” I suppose, which brings me back around to the Banker “gothic” pen with a Gordon clip that started this inquiry.  I’ve recently picked up a second one:


The nib on the new one says “Bowl 14k Gold Filled M.B.” As for the other, it makes more sense now, since I know the James Kelley Fountain Pen Company was offering these for sale.  “Kelley Banker,” it reads:


The “gothic” shape was apparently abandoned.  Bankers appear with a more rounded than tapered profile:


There are also squared off models, some of which are marked “New Banker.”  Perhaps Kelley reorganized the company for financial reasons, or perhaps he was trying to evade his competitors and regulators:


These are all marked “New Banker”:


And this last group has “Banker” written in a font and style which is very similar to pencils sold by another rascal, Joseph Starr:


In 1935, the Federal Trade Commission was knocking on Kelley’s door again, since he was required to report back to the commission in writing on or before August 7, 1935 to establish that he had complied with the order.  Although he filed an answer, the existence of a 1931 advertisement would have made it difficult for Kelley to argue that he had in fact done so.  In 1937, a Federal court affirmed an order from the FTC compelling Kelley’s compliance with the terms of the 1930 order.

In 1939, the Federal Trade Commission pursued James Kelley for a third time.  Kelley, “sole trader, trading as James Kelley Fountain Pen Co. and also as The Banker Pen Co.,” was slapped with his third injunction on August 11, 1939.  He was prohibited from using words like “Durium Pointed” or other words implying that his nibs “are made or tipped of any purported substance, fanciful or real, when such is not the fact.”  Likewise, he was restrained from using the mark “14k” or any similar marks suggesting there was 14k fineness of gold used; and third, he was prevented from continuing to use the words “Life time guarantee” on products if the customer had to pay additional money to have it honored. 

The libertarian and me chuckles at how James Kelley ignored the Federal Trade Commission.  He had a great scheme going, selling cheap fountain pens and pencils to drug stores with grossly exaggerated prices on them, so that these stores could “discount” them to gullible customers.  Seriously . . . any fool dumb enough to mistake one of Kelley’s Watersons for a Waterman is a fool who should be parted with his money.

However, that 1931 advertisement is a rare glimpse behind the curtain of Kelley’s empire: yes, it flagrantly violates the terms of his 1930 Federal Trade Commission injunction, but it has elements of plausible deniability: Kelley’s name is misspelled as “Kelly,” and the advertisement doesn’t specifically offer Waterson pencils – it just includes an illustration of one.

Kelley wouldn’t miss a beat in hawking his cheap writing instruments, P.T. Barnum-style – Federal Trade Commission be damned.   He would find other ways to circumvent the injunctions issued against him . . . and the fact that the FTC never caught on to what he was doing during the 1930s explains why it is so difficult to piece things together now.  

If only Federal regulators had read the newspapers, though, they would have . . .