Eight months after the Hammond went on sale, Emerson Richards petitioned the Federal Trade Commission to act against the Hammond Clock Company. In 1936 the Commission issued a formal complaint accusing the company of advertising claims that “unfairly diverted” trade away from its pipe organ competitors. The claims at issue ranged from the concrete (the Hammond’s price point) to the nebulous (its suitability for the performance of “great works”), but the complaint and resultant hearing centered around one question: did this new electronic instrument sound “as good as” a pipe organ?
To find an answer, defense and prosecution attorneys assembled a gallery of witnesses—pipe organ experts, performers, Hammond employees, even a physicist who traveled from the University of Texas to Chicago for the hearing. Both Richards and Barnes (quoted above) acted as consultants for the Commission’s prosecutor and testified as expert witnesses.