| 314 | https://historysoa.com/items/show/314 | The Author, Vol. 08 Issue 11 (April 1898) | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=49&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=%3Cem%3EThe+Author%3C%2Fem%3E%2C+Vol.+08+Issue+11+%28April+1898%29"><em>The Author</em>, Vol. 08 Issue 11 (April 1898)</a> | | | <a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015049239455" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=mdp.39015049239455</a> | | | | | | | | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=51&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Publication">Publication</a> | 1898-04-01-The-Author-8-11 | | | | | 277–304 | | | | | | | | | | | | | | | | | | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=89&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=8">8</a> | | | | | | | | | | | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=76&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=1898-04-01">1898-04-01</a> | | | | | | | 11 | | | 18980401 | XTbe Hutbor*<br />
(The Organ of the Incorporated Society of Authors. Monthly.)<br />
CONDUCTED BY WALTER BESA2TT.<br />
Vol. VIII. No. ii.] APRIL i, 1898. [Price Sixpence.<br />
CONTENTS.<br />
PASS! PASB<br />
General Memoranda and Warnings 277 , The Cost or Production.—I. Another Set of Estimates. II. The<br />
From the Committee 278 BrilUh Wctklg and the Chairman 289<br />
Literary Property—<br />
Notefl and News. By the Editor 291<br />
1. A Proposal from the Booksellers. By T. Burleigh 270 The Society's Dinner<br />
2. Lord Berachell's Bill. From the Laic Timet 280 The " Literary Ycar-Book." By the Editor .<br />
3. Art In Lord Herschell'B Bill. By Basil Field 281 i The " Tax " upon Publishers: with the American View 295<br />
4. Mr. Thring on Copyright Legislation 282<br />
5. Copyright in Germany 288<br />
6. A Law Book's Copyright 284<br />
7. To Secure Copyright 285<br />
8. A Question and an Answer 286<br />
9. Old Friends 287<br />
10. A Copyright Action 287<br />
Literature in the Pel lodicals 297<br />
Obituary 298<br />
Correspondence.—1. Mrs. Atherton Explains. 2. An Experi-<br />
ence 298<br />
Questions and Answers 299<br />
Personal 300<br />
Book Talk 300<br />
New York Letter. By Norman Hapgood 287 The Books of the Month 302<br />
PUBLICATIONS OF THE SOCIETY.<br />
1. The Annua,! Report. That for January 1897 can be had on application to the Secretary.<br />
2. The Author. A Monthly Journal devoted especially to the protection and maintenance of Literary<br />
Property. Issued to all Members, 6$. 6d. per annum. Back numbers are offered at the<br />
following prices: Vol. L, 10s. 6d. (Bound); Vols. II., III., and IV., 80. 6d. each (Bound);<br />
Vol. V., 6s. 6d. (Unbound).<br />
3. Literature alld the Pension List. By W. Morris Colles, Barrister-at-Law. (Henry Glaisher,<br />
95, Strand, W.C.) 3*.<br />
4. The History of the Societe des Gens de Lettres. By S. Squire Sprigge, late Secretary to<br />
the Society, is.<br />
5. The Cost of Production. In this work specimens are given of the most important forms of type,<br />
size of page, Ac, with estimates showing what it costs to produce the more common kinds of<br />
books. Henry Glaisher, 95, Strand, W.C. 2*. 6d.<br />
6. The Various Methods of Publication. By S. Squire Sprigge. In this work, compiled from the<br />
papers in the Society's offices, the various forms of agreements proposed by Publishers to<br />
Authors are examined, and their meaning carefully explained, with an account of the various<br />
kinds of fraud which have been made possible by the different clauses in their agreements!<br />
Henry Glaisher, 95, Strand, W.C. 3*.<br />
7. Copyright Law Reform. An Exposition of Lord Monkswell's Copyright Bill of 1890. With<br />
Extracts from the Report of the Commission of 1878, and an Appendix containing the<br />
Berne Convention and the American Copyright Bill. By J. M. Lely. Eyre and SpottiB-<br />
woode. is. 6d.<br />
8. The Society of Authors. A Record of its Action from its Foundation. By Walter Besant<br />
(Chairman of Committee, 1888—1892). fs.<br />
9. The Contract of Publication in Germany, Austria, Hungary, and Switzerland. By Ernst<br />
Lunge, J.U.D. 2*. 6d.<br />
<br />
<br />
## p. 276 (#722) ############################################<br />
<br />
11<br />
AD VEli 11 SEMEN 1 'ff.<br />
$ociefg of Jluf^ots (gncorporafeb).<br />
ib Edwik Arnold, K.C.I.E., C<br />
J. H. Barrie.<br />
A. W. 1 Beckett.<br />
ROBEBT BATEMAN.<br />
F. E. Beddabd, P.E.S.<br />
Sib Henbt Bebgnk, K.C.M.Q.<br />
Sib Walter Besant.<br />
AuaCSTINE BlBBELL, M.P.|<br />
Rev. Pbof. Bonnet, P.E.S.<br />
Right Hon. James Bbtce, M.P<br />
Bight Hon. Loed Burghclebe<br />
Hall Caine.<br />
Eoebton Castle, F.S.A.<br />
P. W. Clatden.<br />
Edwabd Clodd.<br />
w. mobbis colles.<br />
Hon. John Collieb.<br />
Sib W. Mabtin Conwat.<br />
P. Habion Crawford.<br />
P -ht Hon. G. N. Cubzon, P.C.,<br />
PRESIDENT.<br />
GEOEGE MEEEDITH.<br />
COUNCIL.<br />
S.I. | The Earl of Desart.<br />
Austin Dobson.<br />
a. conan dotle, m.d.<br />
A. W. Duboubg.<br />
Prof. Michael Foster, P.E.S.<br />
D. W. Fbbshfibld.<br />
Bichabd Garnett, C.B., LL.D.<br />
Edmund Gosse.<br />
H. Rideb Haooabd.<br />
Thomas Habdt.<br />
, P.C. | Anthony Hope Hawkins.<br />
Jebome K. Jebome.<br />
Rudtabd Kipling.<br />
Prof. E. Rat Lankester, F.R.S.<br />
W. E. H. Leckt, P.C.<br />
J. M. Lelt.<br />
Mrs. E. Lynn Linton.<br />
Rev. W. J. Loftie, P.S.A.<br />
Sib A. C. Mackenzie, Mas.Doc.<br />
M.P. I Pbof. J. M. D. Meiklejohn.<br />
Hon. Counsel — E. M. Undebdown,<br />
Herman C. Merivale.<br />
Rev. C. H. Middlbton-Wake.<br />
Sib Lewis Mobbis.<br />
Henbt Norman.<br />
Miss E. A. Ormerod.<br />
J. C. Pabkinson.<br />
Right Hon. Lobd Pibbbight, P.C,<br />
P.R.S.<br />
Sir Frederick Pollock, Bart., LLJ>.<br />
Walteb Hebbies Pollock.<br />
W. Baptists Scoones.<br />
Miss Floba L. Shaw.<br />
G. R. Sims.<br />
S. Squibb Spbigge.<br />
J. J. Stevenson.<br />
Fbancis Stoeb.<br />
William Mot Thomas.<br />
H. D. Tbaill, D.C.L.<br />
Mbs. Humphbt Wabd.<br />
Miss Chablotte M. Yonge.<br />
Q.C.<br />
A. W. X Beckett.<br />
Sib Walteb Besant.<br />
Egebton Castle, F.S.A.<br />
W. Mobbis Colles.<br />
COMMITTEE OF MANAGEMENT.<br />
Chairman—Sib W. Martin Conwat.<br />
D. W. Freshfield. J. M. Lelt.<br />
H. Rider Haggard. Henbt Nobman.<br />
Anthont Hope Hawkins. Fbancis Stobe.<br />
ART.<br />
Hon. John Collieb (Chairman).<br />
Sib W. Martin Conwat.<br />
M. H. Sfiblmann.<br />
SUB-COMMITTEES.<br />
MUSIC.<br />
C. Villiebs Stanfobd, Mus.D. (Chairman).<br />
Jacques Blumenthal.<br />
„ .. .. f Field, Roscoe, and Co., Lincoln's Inn Fields.<br />
eoi rn 1 G. Herbert Thring, B.A., 4, Portugal-street.<br />
DRAMA.<br />
Henrt Abthub Jones (Chairman).<br />
A. W. 1 Beckett.<br />
Edwabd Rose.<br />
OFFICES:<br />
Secretary—G. Herbert Thring, B_A.<br />
4, Portugal Street, Lincoln's Inn Fields, W.C.<br />
JL. IF. WATT &c SOIN",<br />
LITERARY AGENTS,<br />
Formerly of 2, PATERNOSTER SttTJAEE,<br />
Have now removed to<br />
HASTINGS HOUSE, NORFOLK STREET, STRAND,<br />
LONDON, W.C.<br />
THE TEMPLE TYPEWRITING OFFICE. f<br />
REWRITING EXCEPTIONALLY ACCURATE. Moderate prioes. Duplicates of Circulars by the latest I<br />
process. £<br />
1 n-DTWTOTIsOF CLIEHTS.—DiSTiKQCiSHKn AcTHOtt:—"The most beautiful typing I have ever Been." Lady of Title:—"Tha |<br />
a work waferT we" lncl clearly done." Pbovinoial Editor :—" Many thanks for the spotless neatness and beautiful accuracy." 5<br />
I 'JVLISi '"T< V. EIJDON CHAMBER8, 30, FLEET STREET, E.G. ><br />
IT<br />
<br />
<br />
## p. 277 (#723) ############################################<br />
<br />
b e Hutbor,<br />
(The Organ of the Incorporated Society of Authors. Monthly.)<br />
CONDUCTED BY WALTER BESANT.<br />
Vol. VIII.—No. n.] APRIL i, 1898. [Price Sixpence.<br />
For the Opinions expressed in papers that are<br />
signed or initialled the Authors alone are<br />
responsible. None of the papers or para-<br />
graphs must be taken as expressing the<br />
collective opinions of the Committee unless<br />
they are officially signed by G. Herbert<br />
1'hring, Sec.<br />
THE Secretary of the Society begs to give notice that all<br />
remittances are acknowledged by return of post, and<br />
requests that all members not receiving an answer to<br />
important communications within two days will write to him<br />
without delay. All remittances should be crossed Union<br />
Bank of London, Chancery-lane, or be sent by registered<br />
letter only. ijm<br />
Communications and letters are invited by the Editor on<br />
all subjects connected with literature, but on no other sub-<br />
jects whatever. Articles which cannot be accepted are<br />
returned if stamps for the purpose accompany the MSS.<br />
GENERAL MEMORANDA.<br />
FOE some years it has been the praotioe to insert, im<br />
every number of The Author, certain " General Con-<br />
siderations," Warnings, Notioes, &e., for the guidance<br />
of the reader. It has been objected as regards these<br />
warnings that the tricks or frauds against which they are<br />
directed cannot all be guarded against, for obvious reasons.<br />
It is, however, well that they should be borne in mind, and<br />
if any publisher refuses a clause of precaution he simply<br />
reveals his true character, and should be left to carry on<br />
his business in his own way.<br />
Let us, however, draw up a few of the rules to bo<br />
observed in an agreement. There are three methods of<br />
dealing with literary property:—<br />
I. That of selling it outright.<br />
This is in some respects the most satisfactory, if a proper<br />
price can be obtained. But the transaction should be<br />
managed by a competent agent.<br />
II. A profit-sharing agreement.<br />
In this case the following rules should be attended to:<br />
(1.) Not to sign any agreement in whioh the cost of pro-<br />
duction forms a part.<br />
(2.) Not to give the publisher the power of. putting the<br />
profits into his own pocket by charging for advertisements<br />
VOL. VIII.<br />
in his own organs: or by charging exchange advertise-<br />
ments.<br />
(3.) Not to allow a special charge for " office expenses,"<br />
unless the same allowance is made to the author.<br />
(4.) Not to give up American, Colonial, or Continental<br />
rights.<br />
(5.) Not to give up serial or translation rights.<br />
(6.) Not to bind yourself for future work to any publisher.<br />
As well bind yourself for the future to any one solicitor or<br />
doctor!<br />
(7.) To stamp the agreement.<br />
III. The royalty system.<br />
In this system, which has opened the door to a most<br />
amazing amount of overreaching and trading on the<br />
author's ignorance, it is above all things necessary to know<br />
what the proposed royalty means to both sides. It is now<br />
possible for an author to ascertain approximately and very<br />
nearly the truth. From time to time the very important<br />
figures connected with royalties are published in The Author.<br />
Readers can also work out the figures themselves from the<br />
"Cost of Production." Let no one, not even the youngest<br />
writer, sign a royalty agreement without finding out what<br />
it gives the publisher as well as himself.<br />
It has been objeoted that these precautions presuppose a<br />
great success for the book, and that very few books indeed<br />
attain to this great success. That is quite true: but there is<br />
always this uncertainty of literary property that, although<br />
the works of a great many authors carry with them no risk<br />
at all, and although of a great many it is known within a few<br />
copies what will be their minimum circulation, it is not<br />
known what will be their maximum. Therefore every<br />
author, for every book, should arrange on the chance of a<br />
success which will not, probably, come at all; but which<br />
may come.<br />
The four points which the Society has always demanded<br />
from the outset are:—<br />
(1.) That both sides shall know what an agreement<br />
means.<br />
(2.) The inspection of those account books whioh belong<br />
to the author. We are advised that this is a right, in the<br />
nature of a common law right, which cannot be denied or<br />
withheld.<br />
(3.) That there shall be no secret profits.<br />
(4.) That nothing shall be charged which has not been<br />
actually paid—for instance, that there shall be no charge for<br />
advertisements in the publisher's own organs and none for<br />
exchanged advertisements and that all discounts shall be<br />
duly entered.<br />
If these points are carefully looked after, the author may<br />
rest pretty well assured that he is in right hands. At the<br />
same time he will do well to send his agreement to the<br />
secretary before he signs it.<br />
C C 2<br />
<br />
<br />
## p. 278 (#724) ############################################<br />
<br />
278 THE AUTHOR.<br />
HOW TO USE TEE SOCIETY.<br />
I. Ill VERT member has a right to ask for and to receive<br />
Pj advice upon his agreements, his choioe of a pub-<br />
lisher, or any dispute arising in the condaat of his<br />
business or the administration of his property. If the advioe<br />
sought is such as can be given best by a solicitor, the member<br />
has a right to an opinion from the Society's solicitors. If the<br />
oase is such that Counsel's opinion is desirable, the Com-<br />
mittee will obtain for him Counsel's opinion. All this<br />
without any cost to the member.<br />
2. Remember that questions connected with copyright<br />
and publisher's agreements do not generally fall within the<br />
experience of ordinary solicitors. Therefore, do not scruple<br />
to use the Society first—our solicitors are continually<br />
engaged upon suoh questions for us.<br />
3. Send to the office copies of past agreements and past<br />
accounts with the loan of the books represented. This is in<br />
order to ascertain what has been the nature of your agree-<br />
ments, and the results to author and publisher respectively<br />
so far. The Secretary will always be glad to have any<br />
agreements, new or old, for inspection and note. The infor-<br />
mation thus obtained may prove invaluable.<br />
4. If the examination of your previous business trans-<br />
actions by the Secretary proveB unfavourable, you should<br />
take advice as to a ohange of publishers.<br />
5. Before signing any agreement whatever, send the pro-<br />
posed document to the Society for examination.<br />
6. The Society is acquainted with the methods, and—in<br />
the oase of fraudulent houses—the trioks of every publish-<br />
ing firm in the country.<br />
7. Remember always that in belonging to the Society you<br />
are fighting the battles of other writers, even if you are<br />
reaping no benefit to yourself, and that you are advanoing<br />
the best interests of literature in promoting the indepen-<br />
dence of the writer.<br />
8. Send to the Editor of The Author notes of everything<br />
important to literature that you may hear or meet with.<br />
9. The Committee have now arranged for the reception of<br />
members' agreements and their preservation in a fireproof<br />
safe. The agreements will, of course, be regarded as con-<br />
fidential documents to be read only by the Secretary, who<br />
will keep the key of the safe. The Society now offers:—(1)<br />
To read and advise upon agreements and publishers. (2) To<br />
stamp agreements in readiness for a possible action upon<br />
them. (3) To keep agreements. (4) To enforce payments<br />
due according to agreements.<br />
THE AUTHORS' SYNDICATE.<br />
THE services of the Authors' Syndicate may be secured<br />
by members upon terms to be arranged between<br />
themselves and it.<br />
NOTICES.<br />
THE Editor of The Author begs to remind members of the<br />
Society that, although the paper is sent to them free<br />
of charge, the cost of producing it would be a very<br />
heavy charge on the resources of the Society if a great<br />
many members did not forward to the Secretary the modest<br />
6». 6d. subscription for the year.<br />
The Editor is always glad to receive short papers and<br />
communications on all subjects connected with literature<br />
from members and others. Nothing can do more good to<br />
the Society than to make The Author complete, attractive,<br />
and interesting. Will those who are willing to aid in this<br />
work send their names and the special subjects on which<br />
they are willing to write?<br />
Communications for The Author should reach the Editor<br />
not later than the 21st of each month.<br />
All persons engaged in literary work of any kind, whether<br />
members of the Society or not, are invited to communicate<br />
to the Editor any points oonnected with their work which<br />
it would be advisable in the general interest to publish.<br />
Members and others who wish their MSS. read are<br />
requested not to Bend them to the Office without previously<br />
communicating with the Secretary. The utmost practicable<br />
despatch is aimed at, and MSS. are read in the order in<br />
which they are received. It must also be distinctly under-<br />
stood that the Society does not, under any circumstances,<br />
undertake the publication of MSS.<br />
The present location of the Authors' Club is at 3, White-<br />
hall-court, Charing Cross. Address the Secretary for<br />
information, rules of admission, 4c.<br />
Will members take the trouble to ascertain whether they<br />
have paid their subscriptions for the year? H they will do<br />
this, and remit the amount, if still unpaid, or a banker's<br />
order, it will greatly asrist the Secretary, and save him the<br />
trouble of Bending out a reminder<br />
Members are most earnestly entreated to attend to the<br />
following warning. It is a most foolish and may be a<br />
most disastrous thing to enter into an agreement binding<br />
for a term of years. Let them ask themselves if they<br />
would give a solicitor the collection of their rents for five<br />
years to come, whatever his conduct, whether he was honest<br />
or dishoneet? Of oonrse they would not. Why then<br />
hesitate for a moment when they are asked to sign them-<br />
selves into literary bondage for three or five years?<br />
"Those who possess the 'Cost of Production' are<br />
requested to note that the cost of binding has advanced 15<br />
per cent." This clause was inserted three or four years ago.<br />
Estimates have, however, recently been obtained which show<br />
that the figures in the book may be relied on as nearly<br />
correct: as near as is possible.<br />
Some remarks have been made upon the amount charged<br />
in the " Cost of Production" for advertising. Of oourse, we<br />
have not included any sums whioh may be charged for<br />
inserting advertisements in the publisher's own magazines,<br />
or in other magazines by exchange. As agreements too<br />
often go, there is nothing to prevent the publisher from<br />
sweeping the whole profits of a book into his own pocket,<br />
by inserting any number of advertisements in his own<br />
magazines, and by exchanging with others. Some there are<br />
who call this a form of fraud; it is not known what those<br />
who practise this method of swelling their own profits call it.<br />
FROM THE COMMITTEE.<br />
THE Roxburghe Press Limited, has, we<br />
understand, gone into voluntary liquida-<br />
tion. All claims on behalf of members of<br />
the Society against the company should, therefore,<br />
be sent in to the Society's offices as soon as pos-<br />
sible. Mr. Justice Wright has ordered the con-<br />
tinuation of the voluntary winding-up under the<br />
supervision of the court.<br />
<br />
<br />
## p. 279 (#725) ############################################<br />
<br />
THE AUTHOR.<br />
279<br />
It should be further stated that Stories Limited<br />
has also gone into liquidation, and a liquidator<br />
has been appointed under the Companies Acts<br />
for the purpose of winding-up the company. All<br />
claims should at once be sent in to the Secretary's<br />
offices, as the matter is in the hands of the<br />
Society's solicitors. G. H. Thbinq, Sec.<br />
LITERARY PROPERTY.<br />
I.—A New Scheme of Publishing.<br />
ME. T. BURLEIGH, hon. sec. of the Book-<br />
sellers' Association, has communicated<br />
to the Committee the following scheme<br />
of a new system of publishing.<br />
The objects of the following scheme are—<br />
(1) To give booksellers the same profit off all<br />
books (except educational books at 6s. and under)<br />
that they at present receive off 6s. novels; while<br />
the publishers are not asked to give better terms<br />
than they do at present.<br />
(2) To enable booksellers to charge more for<br />
credit than for cash.<br />
Scheme,<br />
I. Odd books to be abolished, and all books to<br />
be supplied at the average present terms.<br />
II. The invoiced price of each book to be the<br />
lowest cash price to the public. [This rule not<br />
necessarily to apply to books supplied in bulk to<br />
schools and school boards.]<br />
Thus—<br />
(a) Nett books would be invoiced at full<br />
published prices.<br />
(6) Novels and similar non-nett books at 6*.<br />
and under, would be invoiced at 25 per<br />
cent, off published prices.<br />
(c) Non-nett books above 6*. (on which the<br />
price to the public does not need to be<br />
"cut so fine") would be invoiced at<br />
not more than 2d. in the is. off pub-<br />
lished prices.<br />
III. A minimum trade discount of 20 per cent,<br />
to be allowed at settlement to those booksellers<br />
who ayree not to sell books to tlie public below tlie<br />
invoiced price, and to them only. (In the case of<br />
educational books published at 6s. and under, the<br />
discount at settlement might be 15 per cent,<br />
instead of 20 per cent.)<br />
The settlement discount for prompt payment<br />
might be arranged by publishers and booksellers<br />
individually; for, from the following figures it<br />
will be seen that a publisher could give, in<br />
addition to the minimum discount of 20 per cent.,<br />
an additional i\ per cent, for prompt payment,<br />
and yet receive as much as he does at present.<br />
Books above 6s.<br />
Present Terms.<br />
£. s. d. £ s.'d.<br />
3 Books at io». 6d., 7s. 6d 1 2 6<br />
13/12^ n io«. 6d., 7«. 6d 4 13 9<br />
13/12 „ 1 o«. 6d., js. 6d 4 10 o<br />
10 6 3<br />
Less s per oent o 10 3<br />
9 16 o<br />
Suggested Terms.<br />
29 Books at 10s. 6d., 8a. gd ^12 13 9<br />
Less 20 per cent 2 10 9<br />
10 3 o<br />
Novels at 6«. and under.<br />
Present Terms.<br />
3 Novels at 6s., 4s. 2d 012 6<br />
7/6J „ 6s., 4s. 2d 1 7 1<br />
7/6i „ 6»., 4s 1 6 o<br />
3 5 7<br />
Less 5 per oent o 3 3<br />
324<br />
Suggested Terms.<br />
17 Novels at 6s., 4s. 6j 3 16 6<br />
Less 20 per cent 015 3<br />
3 « 3<br />
Educational books at 6s. and under.<br />
Present Terms.<br />
3 Books at 6s., 4s. 2d o 12 6<br />
7j6\ „ 6s., 4s. 2d 1 7 1<br />
13/12$ „ 6s., 4s. 2d 2 12 1<br />
4 11 8<br />
Less s per oent 047<br />
4 7 1<br />
Suggested Terms.<br />
23 Books at 6s., 4s. 6d 5 3 6<br />
Less 15 per oent o 15 6<br />
480<br />
Adding these together we get—<br />
Present Terms. Suggested Terms.<br />
£ s. d. £ s. d.<br />
9 16 o 10 3 o<br />
324 3 1 3<br />
471 480<br />
£17 5 5 <*'7 12 3<br />
But nothing is allowed in these estimates for<br />
travellers' terms given on present rates, which<br />
would amount to say 1 per cent, on the whole<br />
account. Deducting this amount off present<br />
terms, and 2 i per cent, off the total of the sug-<br />
gested terms, we find—<br />
Present Terms. Suggested Terms.<br />
£ $. d. £ 1. d.<br />
17 5 S 17 '2 3<br />
Deduct 1 per Deduct z\ per<br />
cent 034 cent o 8 jo<br />
.£17 2 1 .£17 3 S<br />
<br />
<br />
## p. 280 (#726) ############################################<br />
<br />
28o THE AUTHOR.<br />
Pro Forma Account.<br />
Messrs. A. B. C, booksellers, Oxford,<br />
in account with Messrs. X. Y. Z., publishers,<br />
London.<br />
A trade discount at settlement will be allowed<br />
only on condition that these boohs are not sold to<br />
the public under the invoiced prices. Acceptance<br />
of these books is to be deemed an agreement to<br />
these conditions.<br />
£ s. d. £ a. d.<br />
3 A.'a Travels in America,<br />
nett I 16 O<br />
4 B.'a Africa, 12». 10s. ■■ 200<br />
12 E.'a Algebra, 6s. 4s. 6d. = 214 o<br />
12 F.'a Novel, 6s. 4s. 6d. = 2 14 o<br />
£2 14 o £6 10 o<br />
15 per cent, off £2 148 080<br />
£260<br />
20 per cent, off £6 10s.<br />
1 6 o<br />
£5 4 o<br />
260<br />
£7 10 o<br />
The total of the above account brings about<br />
21 per cent, more to the publisher than the present<br />
terms.<br />
May I point out:<br />
1. That all booksellers are offered books upon<br />
the same terms, whether they are 2d. or 3d. dis-<br />
counters. It is open to anyone to refuse these<br />
terms.<br />
2. The abolition of the odd copy enables the<br />
smaller bookseller to stock, without ruin, a few of<br />
each. It also makes "sale or return" possible.<br />
As already pointed out, with the odd copy, this is<br />
a delusion.<br />
3. Competition amongst publishers is left open<br />
because the settlement discount may be raised by<br />
bargain between individual publishers and book-<br />
sellers.<br />
A suggestion has been made that the Book-<br />
sellers' Association should be advised by a<br />
professional reader. But I think "sale or<br />
return" covers it. There is no risk taken, the<br />
bookseller can judge for himself whether the book<br />
will suit his trade. For position of shop and<br />
personal connections are considerations that count<br />
a good deal—what would do for me at one place<br />
is useless at another—and many good in one<br />
are useless in another. This applies specially to<br />
poetry, theology, short biographies, and such books<br />
as are not talked about, but not to large ones,<br />
such as " Tennyson's Life," Lord Eoberts'" India,"<br />
Bryce's "Impressions of South Africa." These<br />
are bought if seen by casual visitors (mostly to<br />
give away) upon the strength of the name.<br />
T. BuBLEIGH.<br />
II.—Lord Hersc hell's Bill.<br />
The Copyright Bill of Lord Herschell, "to con-<br />
solidate and amend the law relating to copy-<br />
right," unfortunately appears without any<br />
preliminary memorandum, so that it is difficult,<br />
if not impossible, to distinguish the old law<br />
from the new. Lord Herschell is one of the few<br />
surviving members of the Copyright Commission<br />
of 1878, and while in the House of Commons,<br />
obtained leave, in conjunction with Mr. Edward<br />
Jenkins, to introduce a Bill to codify the tangled<br />
law of this subject, so that he moves in the<br />
matter with an authority second to none in the<br />
country. We see no reason, however, to change<br />
the opinion, which we have more than once<br />
expressed, that amendment should, in the case of<br />
copyright law, precede consolidation, and not be<br />
mixed up with it. Lord Monks well's Bill, which<br />
passed the House of Lords last session after<br />
examination by a Select Committee, and has<br />
lately passed a second reading in that House,<br />
was framed on these lines, and we hope that the<br />
Government will assist its passing as soon as it<br />
reaches the House of Commons. An article by<br />
Mr. Thring in the current number of the<br />
Fortnightly Review summarises this Bill, and<br />
fully gives the reasons for preferring it, at the<br />
present juncture, to a consolidating one. Lord<br />
HerschelFs Bill contains fifty-three clauses and<br />
repeals nineteen Acts, amongst them being what<br />
we take to be Lord MonksweU's Bill when it shall<br />
become an Act, the figures "61" standing by<br />
themselves in a. schedule of Acts proposed for<br />
repeal, of which the last is " 51 & 52 Vict. c. 17,<br />
the Copyright (Musical Compositions) Act,<br />
1888." The principal amendments which Lord<br />
Herschell's Bill will effect are the change of the<br />
term of copyright from forty-two years, or the<br />
life of the author and seven years, to the duration<br />
of the life of the author and thirty years after<br />
his death, the restriction on abridgments, the<br />
reduction of the period after which contributors<br />
to magazines may publish separately from<br />
twenty-eight to three years, the summary pre-<br />
vention of unlawful hawking of copyright works,<br />
and a curious allowance of republication in this<br />
country of any article of political discussion<br />
which has been published in any newspaper in a<br />
foreign country "if the source is acknowledged."<br />
—Law Times.<br />
<br />
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## p. 281 (#727) ############################################<br />
<br />
THE AUTHOR.<br />
HI. — Copyright. — Short Notes on Lord<br />
Herschell's Bill (1898) so far as it<br />
Relates to Artistic Works.<br />
Communicated to the Copyright sab-committee of the<br />
Incorporated Society of Authors.<br />
The intention of this Bill is favourable to the<br />
art producer.<br />
It seeks to treat the man who expresses<br />
his thought on canvas with a paint-brush as it<br />
treats the man who expresses his thought on<br />
paper with a pen, and to give him equal rights<br />
over and protection for the property he has<br />
created. This is just, and has been the object<br />
steadily kept in view in the various Bills for<br />
amending the present law introduced by Mr.<br />
Hastings, Mr. Agnew, Lord Monkswell, and<br />
others.<br />
Before examining the mode of carrying this<br />
♦bject into effect, it may, however, be observed<br />
that whereas in literary work registration is a<br />
condition precedent only to enforcing the author's<br />
rights, in artistic work it is a condition precedent<br />
to the rights themselves. In other words that<br />
the author need not register until he has<br />
cause to take legal proceedings; whereas the<br />
artist can get no redress or compensation for<br />
wrongful acts committed before registration.<br />
The commandment "Thou shalt not steal " is<br />
read, "Thou shalt not steal 'registered work.'"<br />
Registration has always been a pitfall to the<br />
artist.<br />
It has been a boon to the pirate, who can by<br />
examining the register ascertain whose brains<br />
he may pick with impunity.<br />
It lias doubtless been of great use to the legiti-<br />
mate art publishing trade in easily and cheaply<br />
supplying prim/1 facie proof of title to copyright<br />
in cases of infringement by photographers of<br />
copyright in works engraved or otherwise repro-<br />
duced by them. But this trade advantage would<br />
still be available were registration optional or<br />
precedent to action only, as in literature, which it<br />
is suggested it should be.<br />
The art publisher is a man of business and<br />
would register if he found it worth his while so<br />
to do.<br />
Thirty-six years' experience has shown that the<br />
artist is not, as a rule, a man of business and does<br />
not register, though he often suffers from his<br />
neglect.<br />
Indeed, as there are many thousand original<br />
works of art exhibited every year, to say nothing<br />
of the unexhibited, and of these, as it is impossible<br />
to predict which will be of value for reproduction,<br />
it is not to be expected he should go to the expense<br />
and trouble of registering bis works.<br />
It would seem more reasonable without recourse<br />
to the register to presume the copyright to be in<br />
the artist until the contrary is shown. An art<br />
publisher who has acquired it by assignment in<br />
writing can have no difficulty in proving his title<br />
—whether registered or not—but he probably<br />
would register for the sake of convenience.<br />
The only difficulty that could arise would be in<br />
the case of "commissioned work," where no<br />
written assignment of copyright is now by law,<br />
or in the present Bill, required to invest the<br />
commissioner with the copyright.<br />
It is submitted that there is no essential or<br />
inherent diffierence between work executed on<br />
commission, and work that is sold. Both are the<br />
offspring of the artist's brain expressed by him<br />
in concrete form in his work, and it seems reason-<br />
able that in the absence of special agreements,<br />
control and command of reproduction should be<br />
equally his in either case. He is the natural<br />
guardian of his own work, and the person to<br />
whom the art publisher would, as a matter of<br />
course, apply if he wished to engrave his work—<br />
while the purchaser or other owner of the paintin/<br />
can, independently of copyright, sit on his picture,<br />
as a mortgagee can on his deeds, and defy both<br />
painter and publisher—though as a matter of fact<br />
most owners like to have their picture engraved,<br />
as it enhances its value.<br />
The distinction between an agreement to buy<br />
an unfinished work and a commission to paint one<br />
—maybe from an existing sketch—is often very<br />
slight, and yet upon this distinction depends the<br />
ownership of the copyright.<br />
This anomalous treatment of commissioned<br />
work owes its origin to a natural desire to protect<br />
the subjects of portraiture (which is chiefly com-<br />
missioned work) from the danger of multiplica-<br />
tion and sale of their likenesses without their<br />
consent; which it was anticipated might result<br />
from the control being left in the hands of the<br />
artist, and as photography was included in the<br />
Fine Art Act of 1862, this fear was not ill-<br />
founded.<br />
It was a clumsy expedient, and does not work<br />
well in practice. For instance, some years ago it<br />
was desired to engrave a subscription portrait of<br />
the popular master of a well-known hunt which<br />
had been presented by the hunt to his wife. It<br />
had been painted on commission. Who owned<br />
the copyright? The body of subscribers or the<br />
hon. secretary, who was their mouthpiece in<br />
arranging with the artist?<br />
Again, there are many commissioned pictures<br />
that are not portraits.<br />
A large collector, who owned many such, got<br />
into money difficulties, and sold his collection to<br />
meet his liabilities.<br />
The copyright in these remained vested in him.<br />
Suppose him to have died, shortly after the sale.<br />
<br />
<br />
## p. 282 (#728) ############################################<br />
<br />
282<br />
THE AUTHOR.<br />
so poor that no one cared to administer his estate.<br />
No one could make a title to the copyright of any<br />
of these pictures.<br />
Then came the difficulty about replicas.<br />
Several well known R.A.'s, now deceased, were<br />
notorious for multiplying copies of their most<br />
popular works, generally for America or the<br />
Col lonies. Unless by chance any of their works<br />
were painted on commission, the owner, who may<br />
have paid a long price for a work he considered<br />
unique, was liable at any time to find in the<br />
market other examples of the work, of the same<br />
size and in the same material as his own; nor<br />
was it always certain which was the original in<br />
point of date.<br />
The simplest and most consistent plan of meet-<br />
ing all difficulties seems to be that adopted by<br />
the Royal Academy of Arts in their Bill, and.<br />
followed by the Bill Lord Monkswell introduced<br />
for the Society of Authors, namely, in the absence<br />
of special agreement, to give the copyright in all<br />
cases to the artist, but to safeguard both com-<br />
missioner and purchaser alike against replicas<br />
such as could imperil the identity or value of the<br />
original work; and in the case of portraits, to<br />
forbid, in the absence of special agreement, all<br />
reproductions in any form of art without the<br />
consent of the person by whom or on whose behalf<br />
the portrait was paid for.<br />
This mode of dealing with the subject not only<br />
recommends itself to artists but to purchasers,<br />
dealers, and art publishers, as may be gathered<br />
from the fact that Mr. Agnew (now Sir William)<br />
one of the largest purchasers and dealers in the<br />
kingdom, put his name on the back of the Bill<br />
prepared by the Royal Academy of Arts, and<br />
that it was approved amongst others by some<br />
leading members of the "Printsellers' Asso-<br />
ciation."<br />
With these objections to the scheme and<br />
general form of the Bill, it seems unnecessary<br />
to criticise its provisions in detail.<br />
It is, however, evident on the most cursory<br />
perusal of this Bill that if its general scheme of<br />
treatment were unfortunately adopted, much<br />
alteration of detail would be necessary.<br />
For example. Who can say when an original<br />
work of art first comes into existence? It may<br />
be possible to say approximately wrhen some par-<br />
ticular figure subject has become so far advanced<br />
as to indicate the intention of the painter. But<br />
in the case of a landscape — such as one of Turner's,<br />
for instance—a few touches of high light and a<br />
dark cloud, often painted on varnishing day,<br />
after the work lias actually been hung on the<br />
walls of the exhibition, will totally change its<br />
composition. Again, I have known figure subjects<br />
first come into existence in pen and ink on the fly<br />
leaf of an old letter, and even on the blotting-<br />
pad at the old "Art's Club."<br />
This difficulty arises from the draftsman<br />
having in his mind the particular piece of<br />
painted canvas rather than the design of the<br />
artist expressed on that canvas, which design is-<br />
capable of being expressed in many other forma<br />
of art.<br />
"Design" is, I think, only mentioned once in<br />
the Bill (clause 21), and is not defined or<br />
interpreted.<br />
The old stumbling-block "publication" appears<br />
again in this Bill.<br />
"Publication " is applicable to engravings and<br />
other reproductions; but it has been found to<br />
give rise to much trouble when applied to original<br />
works of creative art, capable of alteration even<br />
after completion.<br />
One more criticism of detail. Under this Bill<br />
the subsequent purchaser of a picture originally<br />
painted on commission could not without sub-<br />
jecting himself to the risk of penalties lend it<br />
for such an exhibition as that lately held at<br />
Burlington House of the works of the late Sir<br />
John Millais. He would have to get the consent<br />
of the person for whom it was originally painted<br />
or his representatives—people probably unknown<br />
to him, and who might even be trustees of a<br />
marriage settlement, committees in lunacy, or<br />
trustees in bankruptcy.<br />
Basil Field.<br />
March 23, 1898.<br />
IV.—" Recent Attempts at Copyright<br />
Legislation."<br />
The Secretary of the Society, Mr. G. H. Thring,<br />
has contributed to the Fortnightly Review for<br />
March a paper in which he briefly traces the<br />
history of Copyright legislation in this country<br />
and describes recent attempts made at mending or<br />
consolidating the various Acts passed from time<br />
to time. It has been found that many of our<br />
readers take a practical interest in the question.<br />
They are referred to the article itself, which they<br />
are recommended to preserve separately as a<br />
useful resume of the whole question.<br />
In the year 1896 a sub-committee was appointed<br />
by the Society of Authors to consider the question<br />
of consolidating and amending the Copyright<br />
Acts. "The question of applying for a full,<br />
consolidating, and amending Bill was very<br />
seriously discussed, and finally, for several reasons,<br />
set aside." Here we are referred to the opinion of<br />
Sir Courtenay Ilbert:<br />
Experience shows that, under existing conditions of<br />
English Parliamentary Government, consolidation should<br />
not be combined with substantial amendment of the law.<br />
Where a Bill aims both at consolidation and at amendment,<br />
<br />
<br />
## p. 283 (#729) ############################################<br />
<br />
THE AUTHOR.<br />
283<br />
it is practically impossible to confine proposals for amend-<br />
ment to the new provisions as distinguished from those<br />
which are merely reproductions of existing law. The whole<br />
Bill becomes open to criticism and amendment in com-<br />
mittee, and if the subject is in the least degree contentions,<br />
the chances of passing it are very small.<br />
Where amendment of substance, as well as of form, is<br />
needed, one of three courses may be adopted. An amending<br />
Bill may be introduced, and, when passed, followed by a con-<br />
solidation Bill. Or, when the provisions of the amending<br />
Bill are past the committee stage, they may be embodied in<br />
a consolidation Bill. This course was adopted with the<br />
Housing of the Working Classes Aot, 1890, and the Public<br />
Health (London) Aot 1891, but is attended by many risks,<br />
and is difficult to combine with the more recent practice of<br />
referring consolidation Bills to a joint committee of both<br />
Houses. Or, lastly, it may be more expedient to make<br />
• onsolidation precede substantial amendment, an assurance<br />
being given that re-enactment of the existing law is notin any<br />
way to prejudice or preolude future amendments. The fact<br />
is that simplification of the form of the law facilitates<br />
amendments of substance.<br />
Mr. Thring points out, further, that a Bill<br />
embodying the question of consolidating Acts of<br />
Parliament is never likely to be brought forward,<br />
except by the Government:<br />
It is no longer a question of obtaining uniformity for<br />
different kinds of literary and artistio property, and for the<br />
methods of dealing with them in Great Britain and Ireland.<br />
There is the wide question further involved of the British<br />
Colonies, which question, a little time back, reached a very<br />
acute stage with regard to the reproduction of oopyright<br />
books in Canada, and there is the still wider question of<br />
International copyright under the Berne Convention. To<br />
have a full knowledge on these points, it is absolutely<br />
necessary to be behind the scenes, and to know the negotia-<br />
tions of the Colonial and Foreign Office that have been or<br />
may be pending. The Society, therefore, wisely settled to<br />
bring forward a small amending Bill which might deal with<br />
the points which were in most pressing need of amend-<br />
ment.<br />
A Bill was accordingly prepared, with the<br />
support of a committee nominated by the Pub-<br />
lishers' Association, and another by the Copy-<br />
right Association It was read in the House of<br />
Lords for thf> third time last year. Unfortu-<br />
nately, the secretary of the Copyright Association<br />
summoned a committee in the autumn to consider<br />
a full Consolidating and Amending Bill. This<br />
Bill has been pushed forward and been brought<br />
into the House of Lords at the beginning of this<br />
Se ssion concurrently with the Bill of the Authors'<br />
Society. It is feared that the Government will<br />
show some support to the Bill of the Copyright<br />
Association, as they know it will be impossible to<br />
push the measure through both Houses, and<br />
that, therefore, the (to them) worrying question<br />
of Copyright Legislation and Imperial Federa-<br />
tion will be postponed indefinitely. Mr. Thring<br />
states that the Society of Authors refused to join<br />
the proposed joint committee for the promotion of<br />
the Bill on the grounds that it was impossible to<br />
pass it ■. that it would injure the Amending Act:<br />
VOL. VIII.<br />
that the draftsmanship was doubtful: that it con-<br />
tained clauses materially differing from those<br />
already approved iu the Amending Act: and<br />
that amendment must come before consolidation.<br />
In other words we had a good Bill as far as<br />
it could be: there was a chance of passing it.<br />
As to the Bill itself, it is marked private and<br />
cannot be discussed. Since Mr. Thring wrote<br />
this article the Consolidation Bill has passed the<br />
second reading in the House of Lords, and is,<br />
therefore, in print. The Copyright Committee of<br />
the society are now further considering what<br />
course it should advise the society to adopt in<br />
order, if possible, to save the situation. Mr.<br />
Thring concludes his case with the following<br />
words:<br />
Where suoh serious questions as the position of Great<br />
Britain and Ireland with its Colonies, and with other<br />
countries in the universe, have to be discussed, it is not<br />
only fitting, but absolutely necessary, that the party<br />
representing public opinion at the time should take np a<br />
subject so vast and so important. It cannot possibly be of<br />
any avail that a few gentlemen, honourably known as pub-<br />
lishers, or highly gifted as authors, should solemnly sit<br />
down to discuss a consolidating Bill without any recognised<br />
legal adviser or Parliamentary draftsman, and without any<br />
previous and laboured inquiry into the copyright laws.<br />
V.—Copyright in Germany.<br />
A notification as to provisions for the execution<br />
of the Convention respecting the formation of an<br />
International Union for the protection of works<br />
of literature and art, concluded at Berne on<br />
Sept. 9, 1886, has recently appeared in the official<br />
"Central Blatt," and will be of interest to British<br />
authors, Ac.<br />
The following is a translation :—<br />
The treaties which existed between the German<br />
Empire and several German States on the one<br />
part, and Great Britain on the other part,<br />
relative to the protection of copyright in works of<br />
literature and art, were put out of force on<br />
Djc. 16, 1897. For works of British origin,<br />
which have hitherto been dealt with in accordance<br />
with the provisions of those treaties, the follow-<br />
ing regulations, based npon S. 2 of the Ordinance<br />
of 29th Nov., 1897 (Reichsgesetzblatt, p. 787),<br />
respecting the execution of the Convention for the<br />
formation of an International Union for the pro-<br />
tection of works of literature and art, concluded<br />
at Berne on Sept. 9, 1886, shall apply in regard<br />
to the stamping and registration of the specimens<br />
and apparatus described therein.<br />
S. 1.<br />
Whosoever shall be in possession of copies or<br />
specimens of works of literature and art (writings,<br />
pictures, drawings, musical compositions, works of<br />
sculpture), which on Dec. 16,1897, had already been<br />
D D<br />
<br />
<br />
## p. 284 (#730) ############################################<br />
<br />
284<br />
THE AUTHOR.<br />
produced, or were 011 that day in course of pro-<br />
duction, shall be under the obligation, should he<br />
desire to sell or distribute the same, to submit<br />
them for stamping to the police authorities of<br />
his place of residence on or before March 31,<br />
1898.<br />
Booksellers, commission agents, &c, who may<br />
be in possession of such copies or specimens, can<br />
submit them for stamping on behalf of the pub-<br />
lishers or of their clients without producing a<br />
special power of attorney.<br />
S. 2.<br />
The police a\ithorities shall keep an exact list<br />
of the copies or specimens submitted to them in<br />
the form indicated by the enclosed model<br />
(marked A), and shall stamp each separate<br />
copy or specimen with their official seal.<br />
S. 3.<br />
Whosoever shall be in the possession of appa-<br />
ratus of the kind described in s. 1, No. 1, of the<br />
Ordinance (such as moulds, engraved plates,<br />
lithographers' stones, stereotypes, &c), and<br />
desires to continue using them for the production<br />
of copies—at most until Dec. 31, 1901—must<br />
submit such apparatus for stamping to the police<br />
authorities of his place of residence on or before<br />
March 31, 1898.<br />
The copies produced by means of the stamped<br />
apparatus need not themselves be stamped. If<br />
desired, however, this also can be done.<br />
Any person who wishes to have such copies<br />
stamped must submit them to the police autho-<br />
rities on or before Dec. 31, 1901.<br />
. S- 4-<br />
The police authorities shall keep an exact list<br />
of the apparatus submitted to them in the form<br />
indicated by the enclosed model (marked B.), and<br />
shall stamp the apparatus with their official seal<br />
in such a manner as to injure them as little as<br />
possible, while guarding against the possibility<br />
of the erasion of the stamp.<br />
They shall also, if copies produced by such<br />
apparatus are submitted to them for stamping,<br />
keep an exact list of such copies, according to<br />
Model A., mentioned in s. 2, and stamp each<br />
separate copy with their official seal.<br />
S. 5.<br />
The police authorities are not called upon to<br />
determine whether the production of the copies<br />
or the use of the apparatus was permissible; on<br />
the other hand, they shall refuse the stamping<br />
in case they ascertain that the copies or specimens<br />
referred to in s. 1 or the apparatus referred to<br />
in s. 3 did not yet exist on Dec. 16, 1897, or that<br />
the printing of copies had not yet commenced on<br />
that day, or that the copies described in s. 3<br />
have been produced by means of unstamped<br />
apparatus.<br />
S. 6.<br />
The list shall be sent in by the police autho-<br />
rities to the competent central authorities within<br />
six weeks after their completion, and shall be pre-<br />
served by the latter. A notice on the part of the<br />
police authorities that no copies or apparatus<br />
have been presented for stamping is not neces-<br />
sary.<br />
S. 7.<br />
No fee shall be charged for the registration<br />
and stamping of copies or apparatus.<br />
For the Imperial Chancellor.<br />
(Signed) Nieberding.<br />
Berlin, Feb. 3, 1898.<br />
A.<br />
List of Copies presented for stamping to the undersigned<br />
police authorities.<br />
No.<br />
Date of Pre-<br />
sentation.<br />
Name or firm<br />
of person<br />
presenting<br />
copies.<br />
Title of tbe writ-<br />
ings, pictures, eom-<br />
positions. <fec.<br />
Number of<br />
List of Apparatus (moulds, plates, stones, stereotypes, &c.)<br />
presented for stamping to the undersigned police autho-<br />
rities.<br />
B.<br />
copies<br />
stamped.<br />
Name or firm<br />
of person<br />
presenting<br />
apparatus.<br />
Title of the writ-<br />
ings, pictures, com-<br />
positions, Ac., to<br />
be produced by the<br />
apparatus.<br />
Description<br />
and size of<br />
No.<br />
Date of pre-<br />
sentation.<br />
the<br />
apparatus.<br />
VI.—A Law Book's Copyright.<br />
Chancery Division.—Before Mr. Justice Romer.<br />
Palmer v. Effingham Wilson and Simonson was<br />
an action by Mr. Francis Beaufort Palmer, the<br />
author of "Company Precedents," a well-known<br />
work on company law and practice, against the<br />
defendants, Effingham Wilson (publisher) and Mr.<br />
Paul Frederick Simonson (barrister), for the<br />
purpose of establishing that a book on " Deben-<br />
tures and Debenture Stock," recently published<br />
by the defendants, was an infringement of the<br />
plaintiff's copyright in "Company Precedents,"<br />
and for an injunction and damages. The case<br />
was heard, and occupied the whole of the sitting<br />
of the court on Tuesday, and it was now con-<br />
cluded.<br />
Mr. Levett, Q.C., Mr. Swinfen Eady, Q.C.,<br />
and Mr. Dickinson were for the plaintiff; and<br />
Mr. Farwell, Q.C., and Mr. Scrutton for the<br />
defendants.<br />
The plaintiff and the defendant Simonson both<br />
gave evidence on affidavit, and were cross-<br />
examined, and at the conclusion of the learned<br />
counsel's speech for the defence, the judge, with-<br />
out calling on the counsel for the plaintiff to<br />
<br />
<br />
## p. 285 (#731) ############################################<br />
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THE AUTHOR.<br />
285<br />
reply, asked whether the plaintiff would be dis-<br />
posed to make any concession to the defendant in<br />
respect of the copies already printed. This the<br />
plaintiff's counsel stated that he was quite ready<br />
to do, and after some discussion the following<br />
order was made by consent:<br />
The defendants, their printers, agents, and<br />
workmen to be restrained by the order and in-<br />
junction of the court from printing, publishing,<br />
selling, delivering, or otherwise disposing of, or<br />
advertising or exposing for sale the said book of<br />
the defendant Simonson, or any copy or copies<br />
thereof, and any book containing any passage or<br />
passages copied, taken, or colourably altered from<br />
the plaintiff's said books, and from doing any<br />
other act or thing in invasion or infringement of<br />
the plaintiff's said copyright in his said works.<br />
The defendants to pay the costs of the action,<br />
and also .£50 by way of damages to the plaintiff,<br />
and the plaintiff to allow the defendants to sell<br />
300 copies of the defendant's book, including<br />
those already sold.—Extracted from the Daily<br />
Telegraph, March 3.<br />
VII.—Directions for Securing Copyrights.<br />
Under the Revised Acts of Congress, including the Pro-<br />
visions for Foreign Copyright, by Aot of March 3, 1891.<br />
1. A printed copy of the title of the book, map,<br />
chart, dramatic or musical composition, engraving,<br />
cut, print, photograph, or chromo, or a description<br />
of the painting, drawing, statue, statuary, or model<br />
or design for a work of the fine arts, for which<br />
copyright is desired, must be delivered to the<br />
Librarian of Congress, or deposited in the mail,<br />
within the United States, prepaid, addressed<br />
Librarian of Congress,<br />
Washington, D.C.<br />
This may be done on or before day of publication<br />
in this or any foreign country.<br />
The printed title required may be a copy of the<br />
title page of such publications as have title pages.<br />
In other cases the title must be printed t.vpressly<br />
for copyright entry, with name of claimant of<br />
copyright. The style of type is immaterial, and<br />
the print of a typewriter will be accepted. But<br />
a separate title is required for each entry, and<br />
each title must be printed on paper as large as<br />
commercial note. The title of a periodical must<br />
include the date and number; and each number<br />
of the periodical requires a separate entry of<br />
copyright.<br />
2. The legal fee for recording each copyright<br />
claim is 50 cents, and for a copy of this record<br />
(or certificate of copyright under seal of the<br />
office) an additional fee of 50 cents is required,<br />
making 1 dollar, if certificate is wanted, which<br />
will be mailed as soon as reached in the records.<br />
TOL. Till.<br />
For publications which are the production of<br />
persons not citizens or residents of the United<br />
States, the fee for recording title is 1 dollar, and<br />
50 cents additional for a copy of the record.<br />
Certificates covering more than one entry in one<br />
certificate are not issued.<br />
Money orders, bank cheques, and currency<br />
only taken for fees. No postage stamps received.<br />
3. Not later than the day of publication in this<br />
country or abroad, two complete copies of the<br />
best edition of each book or other article must be<br />
delivered, or deposited in the mail within the<br />
United States, addressed<br />
Librarian of Congress,<br />
Washington, D.C,<br />
to perfect the copyright.<br />
The freight or postage must be prepaid, or<br />
the publications enclosed in parcels covered by<br />
printed Penalty Labels, furnished by the<br />
Librarian, in which case they will come free<br />
by mail (not express), without limit of weight,<br />
according to rulings of the Post-office Depart-<br />
ment. Books must be printed from type set in<br />
the United States, or from plates made there-<br />
from; photographs from negatives made in the<br />
United States; chromos and lithographs from<br />
drawings on stone or transfers therefrom made<br />
in the United States.<br />
Without the deposit of copies above required<br />
the copyright is void, and a penalty of 25 dollars<br />
is incurred. No copy is required to be deposited<br />
elsewhere.<br />
The law requires one copy of each new edition,<br />
wherein any substantial changes are made, to be<br />
deposited with the Librarian of Congress.<br />
4. No copyright is valid unless notice is given<br />
by inserting in every copy published, on the title<br />
page or the page following, if it be a book; or if<br />
a map, chart, musical composition, print, cut,<br />
engraving, photograph, painting, drawing, chromo,<br />
statue, statuary, or model or design, intended to<br />
be perfected as a work of the fine arts, by in-<br />
scribing upon some portion thereof, or on the<br />
substance on which the same is mounted, the<br />
following words, viz.: "Entered according to act<br />
of Congress, in the year , by , in<br />
the office of the Librarian of Congress, at<br />
Washington, or at the option of the person<br />
entering the copyright, the words: Copyright,<br />
18—, by — ."<br />
The law imposes a penalty of 100 dollars upon<br />
any person who has not obtained copyright who<br />
shall insert the notice, " Entered according to act<br />
of Congress," or "Copyright," or words of the<br />
same import, in or upon any book or other<br />
article.<br />
5. The copyright law secures to authors and<br />
d d 2<br />
<br />
<br />
## p. 286 (#732) ############################################<br />
<br />
286<br />
THE AUTHOR.<br />
their assigns the exclusive right to translate or to<br />
dramatise any of their works; no notice or record<br />
is required to enforce this right.<br />
6. The original term of a copyright runs for<br />
twenty-eight years. Within sir months before<br />
the end of that time, the author or designer, or<br />
his widow or children, may secure a renewal for<br />
the further term of fourteen years, making forty-<br />
two years in all. Applications for renewal must<br />
be accompanied by a printed title and fee;<br />
and by explicit statement of ownership, in the<br />
case of the author, or of relationship, in the<br />
case of his heirs, and must state definitely<br />
the date and place of entry of the original copy-<br />
right. Within two months from date of renewal<br />
the record thereof must be advertised in an<br />
American newspaper for four weeks.<br />
7. The time of publication is not limited by any<br />
law or regulation, but the courts have held that<br />
it should take place " within a reasonable time."<br />
A copyright may be secured for a projected as<br />
well as for a completed work. But the law pro-<br />
vides for no caveatt or notice of interference—<br />
only for actual entry of title.<br />
8. Copyrights are assignable by any instrument<br />
of writing. Such assignment to be valid, is to be<br />
recorded in the office of the Librarian of Congress<br />
within sixty days from execution. The fee for<br />
this record and certificate is 1 dollar, and for a<br />
certified copy of any record of assignment<br />
dollar.<br />
9. A copy of the record (or duplicate certifi-<br />
cate) of any copyright entry will be furnished,<br />
under seal of the office, at the rate of 50 cents,<br />
each.<br />
10. In the case of books published in more<br />
than one volume, or of periodicals published in<br />
numl>ers, or of engravings, photographs, or other<br />
articles published with variations, a copyright<br />
must be entered for each volume or part of a<br />
book, or number of a periodical, or variety, as to<br />
style, title, or inscription, of any other article.<br />
To complete the copyright on a book published<br />
serially in a periodical, two copies of each serial<br />
part as well as of the complete work (if published<br />
separately), should be deposited.<br />
11. To secure copyright for a painting, statue,<br />
or model or design intended to be perfected as a<br />
work of the fine arts, a definite title and descrip-<br />
tion must accompany the application for copy-<br />
right, and a mounted photograph of the same, as<br />
large as "cabinet size," mailed to the Librarian<br />
of Congress not later than the day of publication<br />
of the work or design.<br />
The fine arts, for copyright purposes include<br />
only painting and sculpture, and articles of<br />
merely ornamental and decorative art should be<br />
sent to the Patent Office, as subj ects for design<br />
patents.<br />
12. Copyrights cannot be granted upon trade<br />
marks, nor upon names of companies, libraries,<br />
or articles, nor upon an idea or device, nor upon<br />
prints or labels intended to be used for any<br />
article of manufacture. If protection for such,<br />
names or labels is desired, application must be<br />
made to the Patent Office, where they are regis-<br />
tered, if admitted, at a fee of 6 dollars for labels,<br />
and 2 5 dollars for trade marks.<br />
13. The provisions as to copyright entry in the<br />
United States by foreign authors, &c, by act of<br />
Congress approved March 3, 1891 (which took<br />
effect July 1, 1891), are the same as the fore-<br />
going, except as to productions of persons not<br />
citizens or residents, which must cover return<br />
postage, and are 1 dollar for entry, or 1.50 dollar<br />
for entry and certificate of entry (equiva-<br />
lent to 4*. 5c?. or 6*. 7<1.). All publica-<br />
tions must be delivered to the Librarian at.<br />
Washington free of charge. The free penalty<br />
labels cannot be used outside of the United<br />
States.<br />
The right of citizens or subjects of a foreign<br />
nation to copyright in the United States extends<br />
by Presidential proclamations to Great Britain,<br />
France, Belgium, Switzerland, Germany, Italy,<br />
Denmark, and Portugal; and Americans can<br />
secure copyright in those countries. For this<br />
direct arrangements must be made abroad. The<br />
Librarian of Congress cannot take charge of any<br />
foreign copyright business.<br />
14. Every applicant for a copyright should state<br />
distinctly the full name and residence of the<br />
claimant, and whether the right is claimed as<br />
author, designer, or proprietor. No affidavit or<br />
witness to the application is required.<br />
Office of the Librarian of Congress.<br />
Washington, 1895.<br />
VIII.—A Question and an Answer.<br />
Feb. 8, 189S.<br />
A man is offered by a publisher a certain per-<br />
centage on the published price of a book. The<br />
author accepts this, believing, as one would<br />
naturally suppose, that the book was to be pub-<br />
lished subject to the usual discounts to the trade.<br />
The publisher produces the book as a nett book,<br />
and pays the author on the published price; but.<br />
of course, receives a much greater amount for<br />
himself than he would have done if it was<br />
subject to the usual discounts. Has the author<br />
any right of "objecting on the grounds that he<br />
signed the agreement believing that the book<br />
was going to be published subject to the usual<br />
discounts"?<br />
<br />
<br />
## p. 287 (#733) ############################################<br />
<br />
THE AUTHOR.<br />
287<br />
Reply by the Society's Solicitor.<br />
I would say—if there is no express or implied<br />
obligation to the contrary in the contract—the<br />
publisher can sell without the usual trade dis-<br />
counts (assuming, of course, he acts in good faith).<br />
When I say implied, I refer to implication from<br />
words used in the contract, not from the ordinary<br />
course of business. If there be any express or<br />
implied obligation to sell subject to usual dis-<br />
counts, and the publisher breaks this, the<br />
author's remedy would be for damages (the most<br />
palpable damages would be if he could show that<br />
the publisher had sold fewer books in con-<br />
sequence); it would not give him a right to<br />
repudiate the contract, or to claim a higher<br />
royalty.<br />
36, Lincoln's-inn-fields, London, W.C.<br />
Feb. 9, 1898.<br />
IX.—Old Friends.<br />
Our readers may make a note that while our<br />
old friends often quoted in these columns still<br />
continue, the principal partner has retired from it,<br />
and is now carrying on business apparently on the<br />
same lines. The flavour or aroma of the old firm<br />
clings to the new. I have seen two of his letters.<br />
The first begins in the old familiar way by stating<br />
that " I have received from my reader the report<br />
on this work, and it is sufficiently favourable to<br />
induce me to make you the following offer," &c.<br />
The offer means that the author has to pay a<br />
certain sum of money—in the case before us .£75.<br />
The publisher proposes to spend ,£30 on advertis-<br />
ing the book; the remaining £45 is to pay the<br />
cost of production. The author is to receive<br />
three-fifths of the "net proceeds" of sales. The<br />
publisher is to print 1500 copies. As the book is<br />
to be published at 3*. 6d., it is presumably a good<br />
deal shorter than the average 6s. novel.<br />
Let us see what the "cost of production" may<br />
mean. We assume, for want of further informa-<br />
tion, a book of small pica of 12 sheets of 16 pp.,<br />
or 6 sheets of 32 pp., and we copy from an esti-<br />
mate before us, somewhat lower than our own—<br />
remember that the figures are only guess work,<br />
but this is an average. If the book is longer<br />
the cost would be greater.<br />
Composition, £2 7*. 6d. per sheet £ s. d<br />
(6 sheets) 14 5 o<br />
Printing, £1 7s. (6 sheets) 8 2 o<br />
Paper, at 2\d. per lb 8 9 9<br />
Binding, say 120 copies to begin,<br />
at 4</ 2 o o<br />
32 16 9<br />
Of course the publisher is not obliged to bind<br />
more than are wanted. We have put the demand<br />
at 80 copies, and the "press " at 40.<br />
The "net proceeds" of sales may mean any-<br />
thing.<br />
In another letter before us the same publisher<br />
has received from his reader "a favourable opinion<br />
on the whole" of the work. He offers therefore to<br />
produce 3000 copies; to bind in attractive cloth<br />
as demands warrant; to publish at is. 6d.; to<br />
spend .£20 in advertising the book; and to pay<br />
the author two-thirds of the "net proceeds" of<br />
sales. In return the author is to pay £65.<br />
It is impossible to speculate as to a book at<br />
this price, which may mean anything. We<br />
remark, however, that the trade price of such a<br />
book would be about iod., so that on the most<br />
favourable terms—if the whole 3000 were sold,<br />
less fifty presentation and author's "copies "—<br />
the lucky author would actually make about ,£17—<br />
all for himself. What the publisher would make,<br />
one knows not from ignorance of the book.<br />
X.—A Copyright Action.<br />
In the Westminster County Court, Hudson and<br />
Others v. Stead was tried by Judge Lumley<br />
Smith, Q.C. The action was for an injunction to<br />
restrain the defendant from selling, in a volume<br />
of " Penny Poets," a poem by Mr. Coulson, which<br />
was the property of the plaintiffs. It was sub-<br />
mitted that care had been taken to include only<br />
those poems for which leave had been obtained<br />
from the authors or proprietors, and that the sale<br />
of the book was stopped on the plaintiff's com-<br />
plaining. In the end an injunction was granted,<br />
the counsel stating that he did not ask for<br />
damages, but for the sale of the poem to be<br />
stopped.<br />
NEW YORK LETTER.<br />
New York, March 18.<br />
PROBABLY there is no way in which the<br />
literary taste of this country, and espe-<br />
cially of this city, has been illustrated<br />
more clearly this year than in the fate of the<br />
various efforts to produce the literary drama.<br />
The total result seems to indicate that our public<br />
is becoming more cultivated, to have more taste<br />
for dramatic literature, at least, than it has had<br />
formerly, although, at the same time, the season's<br />
experience shows how far we have to go before<br />
we shall be anywhere near even, in dramatic<br />
standards, with Paris, Berlin, or even London.<br />
It has to be remembered, in studying the part<br />
which literature plays on our stage, that the<br />
<br />
<br />
## p. 288 (#734) ############################################<br />
<br />
288<br />
THE AUTHOR.<br />
accidental presence of great actors counts for<br />
much. A generation ago Shakespeare was much<br />
nore prominent than he is to-day, largely<br />
because Edwin Booth and Lawrence Barrett were<br />
then alive, and to-day what position he has is due<br />
largely to the fact that while Madame Modjeska<br />
remains, among the older actors, to give us<br />
the best plays, a few of the younger ones, of<br />
whom Julia Marlowe is the most successful, have<br />
Shakespeare in their repertories; and Richard<br />
Mansfield and the Daly Company always give us<br />
more or less of the higher drama. The public<br />
taste is, of course, represented to some extent by<br />
the success of these players, but it is also repre-<br />
sented largely by the iron power of the Theatrical<br />
Syndicate, the leading member of which, Charles<br />
Frohman, although he is a popular man, liked by<br />
all his friends, has absolutely no element of art<br />
or culture in him. He is a mere good-natured<br />
speculator, loyal to his friends, willing to star an<br />
actor whom he likes, if it can possibly be<br />
done, willing to fight any actor, however<br />
high, whose business interests are opposed to<br />
his. He measures success by receipts, and it is<br />
a very open question here now whether he really<br />
represents the American public, or simply rules it<br />
as a big grain speculator may control the price of<br />
wheat.<br />
There will have been by the end of this week<br />
three productions of "As You Like It" in New<br />
York this season; one by Modjeska, one by Daly,<br />
and one by Miss Marlowe. Modjeska has not<br />
yet given hers; Miss Marlowe, with a poor com-<br />
pany, played Shakespeare in the true traditions;<br />
Mr. Daly, with a good company, killed the<br />
whole spirit of the play by the over emphasis and<br />
lack of proportion which characterises the acting<br />
of all players who have come under his con-<br />
trol. Richard Mansfield plays "Shylock" and<br />
"Richard III." everv year. Mr. Daly also put on<br />
"Twelfth Night," and did it far better than the<br />
earlier comedy, for the simple reason that the<br />
cast fitted it better, and that Miss Rehan,<br />
feeling a melancholy element in Viola, refrained<br />
from the exaggerated gambol in which so much<br />
of her art consists. More Shakespeare, however,<br />
has been given at a little Italian theatre on the<br />
Bowery than anywhere else in the city, and, indeed,<br />
the repertory at that theatre is the highest we<br />
have, including the German and French, as well as<br />
the English and Italian classics. Next to it comes<br />
our German Theatre, with much the best acting<br />
in town, and the list of plays, which is still better<br />
than any English-speaking theatre here has,<br />
although it has been getting steadily worse for<br />
several years, owing to the growing taste of the<br />
younger Germans for the kind of farce which<br />
forms so large a part of the American diet.<br />
The other classic authors who have had a<br />
showing here this year are Schiller, Sheridan,<br />
Wycherley, and Congreve. The main thing<br />
brought out by these productions was that<br />
Schiller's "Mary Stuart," given as Modjeska<br />
gives it, has, with all its poetry, more real<br />
dramatic theatrical interest than most of the<br />
plays which are built nowadays purely for the<br />
theatre. The Restoration comedies and the<br />
"School for Scandal" were so butchered at<br />
Daly's and by the company of students who<br />
produced "Love for Love," that no conclusions<br />
could be drawn, except that it is mere folly to<br />
subordinate the dialogue in these plays to a kind<br />
of rapid action made by running around the stage<br />
and sticking in extra exclamations.<br />
More significant, perhaps, than any list of the<br />
classics which survive, is the fate of the new<br />
plays. Among those which have literary elements<br />
"The Little Minister" is far the greatest success,<br />
but it is more a success for Miss Maud Adams<br />
than for Mr. Barrie. Indeed, the play is injured<br />
essentially by the subordination of the character<br />
of the minister in order to let Lady Babbie stand<br />
easily in the foreground. Next to that, the " Lady<br />
of Quality " comes; but the play itself has been<br />
a failure, at least to judge from the critics, who<br />
have agreed almost unanimously that it was a<br />
wretched piece of Philistinism, badly constructed,<br />
carried to success by Julia Arthur, excellent stage<br />
management, and a good company. The " Princess<br />
and the Butterfly" was a surprise. When Mr.<br />
Daniel Frohman put it on he believed, so it<br />
is generally understood, that the piece must<br />
lose money because it was of too fine a<br />
humour to be popular. It was so successful,<br />
however, that it was making more money<br />
when it was taken off than it was a month<br />
earlier, it has been necessary to give extra matinees<br />
of it since, and there is a possibility that, when<br />
the company goes on the road next month, the<br />
demand for this play will force the "Tree of<br />
Knowledge "—which is to be in the repertory—<br />
almost off the boards. Mr. Daniel Frohman,<br />
although he is a business man, differs from his<br />
younger brother in having some sincere interest<br />
in the better class of modern drama, and nothing<br />
has pleased him more for a long time than the<br />
unlooked-for popularity of Pinero's comedy.<br />
Richard Mansfield also scored a heavy success<br />
with one modern play, "The Devil's Disciple,"<br />
by George Bernard Shaw, which is the best<br />
find he has made in years. It is the general<br />
opinion that this succeeded, however, less for<br />
its good qualities, which are very high,<br />
than for the melodramatic ones, which dis-<br />
tinguishes it from "Arms and the Man,"<br />
which was anything but a success last year. Mr.<br />
<br />
<br />
## p. 289 (#735) ############################################<br />
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THE AUTHOR.<br />
289<br />
Mansfield, however, is such a believer in the<br />
possibility of making a living without cheapen-<br />
ing his art, that he has bought the American<br />
rights to " Cyrano de Bergerac," and will produce<br />
it next year. Only a few weeks ago we had a<br />
really encouraging experience with "El Gran<br />
Galeoto," for although this Spanish play was<br />
given at a little theatre off the beaten track, its<br />
success was much greater than was expected.<br />
Ibsen has had a singular fate. "John Gabriel<br />
Borkman " failed utterly, but the Norwegian always<br />
succeeds at our German theatre. Miss Elizabeth<br />
Robins is probably going to test our taste for him<br />
with a series of revivals later in the season.<br />
Although this, perhaps, is not a showing to be<br />
particularly vain of, there is much of encourage-<br />
ment in it for us, since our stage has been in so<br />
bad a way that its degradation is one of the most<br />
common topics of conversation. The effect of<br />
the long run system, and the cheap flimsy plays<br />
favoured by the syndicate, is no worse for the<br />
public than it is for the actor. Our best young<br />
actors hardly know where to turn to get the<br />
training which alone can give them artistic<br />
futures. With Mr. Daly they can learn only the<br />
Jumping Jack style; and under Mr. Frohman,<br />
who controls most of the country, they have to<br />
train themselves, and can only act shallow parts,<br />
and few of those. A company of American actors<br />
are just about leaving to give " The Heart of Mary-<br />
land" in England. One of the parts is taken by<br />
Mr. E. J. Morgan. He is a young actor who has<br />
never distinguished himself very noticeably, but,<br />
after a year spent in New York theatres, I thought<br />
that he was the most striking example of what<br />
opportunity means in the drama. He has no<br />
gifts that are great, but he has an all-round<br />
sincerity, force, and fineness, which is exactly<br />
what is far more needed than individual bril-<br />
liancy, and what would be immediately appre-<br />
ciated and brought to the front if we had reper-<br />
tory theatres properly conducted. If Sir Henry<br />
Irving or Mr. Alexander, for instance, took him<br />
in hand, much might be done with him.<br />
Norman Hapgood.<br />
THE COST OF PRODUCTION.<br />
I.—Another Set of Estimates.<br />
WE gave in February three actual estimates<br />
showing that the cost of production had,<br />
in some branches at least,and on the whole,<br />
3ne down since the appearance of the Society's<br />
ok on the subject. Yet there are some papers<br />
who continue the same belated cry that the<br />
Society's figures are impossible.<br />
We are able this month, thanks to one of our<br />
members who has placed actual estimates obtained<br />
by himself in our hands, to furnish five more<br />
estimates, of which three are under the Society's<br />
figures, one very little above, and one considerably<br />
above.<br />
The book is one of 20 sheets of 16 pages each:<br />
or 10 sheets of 32 pages: the type small pica:<br />
twenty-nine lines to a page, and " 3jjni by 5im."<br />
The number of copies is to be 3000.<br />
We first place the figures of the Society :—<br />
£. s. d. £. s. d.<br />
Composition, £1 ys. 6d. per sheet of<br />
16 pages, or £2 15s. per sheet of<br />
32 pages 27 10 o<br />
Printing, £1 12s. 4<J. per sheet of<br />
32 pages 16 3 4<br />
43 '3 4<br />
The other estimates were as follows:—<br />
£. *. d. £. g. d.<br />
(1.) Composition per sheet of 32<br />
pages, £2 5«. 3d 22 12 6<br />
Printing, £\ is. per sheet of 32<br />
pages 10 10 o<br />
33 2 6<br />
(2.) Composition, at £2 4*- 22 o o<br />
Printing, at £ I ys. 13 10 o<br />
35 10 o<br />
(3.) Composition, at £2 ys. 6d 23 15 o<br />
Printing, at £1 ys 13 10 o<br />
37 5 0<br />
(4.) Composition, at £2 12« 26 o o<br />
Printing, at i!i iSs 19 o o<br />
45 ° °<br />
(5.) Composition, at £3 3s 31 10 o<br />
Printing, at £1 16* 18 o o<br />
49 10 o<br />
The lowest of these estimates is £10 less than<br />
that of the Society.<br />
Then follows the question of paper. In the<br />
"Cost of Production" the paper is estimated by<br />
the sheet. The more common way of calculating<br />
is by the pound weight.<br />
It is found that for such a book as we are con-<br />
sidering, one ream of paper prints 1000 copies of<br />
32 page sheet with some sixteen overs. Therefore<br />
a book of 10 sheets = 320 pp. requires ten<br />
reams. How is this expressed in pound weight?<br />
A ream of paper varies in weight from ioolbs.<br />
to i3olbs. The lower weight may be accepted as<br />
an average. Therefore ten sheets (— 320 pp.)<br />
will require from 1000 to i3oolbs.<br />
The price of paper is now from 2d. a lb. to 2\d.<br />
a lb. A very good paper can be had for 2\d. a<br />
lb., and that at 2d. is considered by many to be<br />
quite good enough.<br />
£ s. d. £ s. d.<br />
So that at 2d. a lb.<br />
the paper varies<br />
from 8 6 8 to 10 16 8<br />
and at 2Id. a lb. ..10 8 4 to 13 10 10<br />
<br />
<br />
## p. 290 (#736) ############################################<br />
<br />
290<br />
THE AUTHOR.<br />
Or, for 3000 copies it varies<br />
£ s. d. M s. d.<br />
(1) at 2d. a lb. from 25 o o to 32 10 o<br />
(2) at 2\d 31 5 o to 40 12 6<br />
The cost given in the Society's book is ,£46<br />
10s.<br />
The binding, set down in the Society's book<br />
at id. a volume, or =£50, is to be done for this<br />
book at 3frf. a volume, or £45.<br />
Now consider the whole.<br />
Society's The new<br />
figures. estimate.<br />
£ 1. (I. £ s. d.<br />
Composition 27 10 o ... 22 12 6<br />
Printing 16 3 4 ... 10 10 o<br />
Paper 46 10 o ... 31 5 o<br />
Binding 50 o o ... 45 o o<br />
£140 3 4 £109 7 6<br />
Therefore, compared with the Society's figures,<br />
the new estimate shows an actual saving of<br />
£30 15*. lod.<br />
And this, not on bulk of work, but on a single<br />
book!<br />
Corrections are left out. The author, if he is<br />
wise, will have very few. Let us say £5 for this<br />
item.<br />
Advertising has been left out. It is well to<br />
advertise some books widely, it is foolish to spend<br />
much money on advertising others. We have<br />
already exposed the meaning of advertising—let<br />
us repeat it. If 3000 copies are printed—•<br />
An expenditure of £10 means *sd. on each copy.<br />
That of £20 means 1 Id. on each copy.<br />
That of £30 means 2±d. on each copy.<br />
But if the first 1000 are to bear the whole<br />
expense of the advertising, then—<br />
An expenditure of £10 means \%d. on each<br />
copy, and of £20 means 3 ></. on each copy.<br />
A book which will not be persuaded to "go"<br />
after £20 has been spent in advertising it, in<br />
addition to the publishers' free exchanges, his<br />
free list, the help of the circulating libraries, and<br />
the reviews, will probably not go at all.<br />
II.—The British Weekly and the Chairman.<br />
1. The following is an extract from "The<br />
Correspondence of Claudius Clear" appearing in<br />
the British Weekly :—<br />
The Authors' Society information published on this<br />
subject is not to be trusted. If anyone doubts this, I<br />
will ask him to find for me a single publisher in London who<br />
will differ from my judgment. Of course, if you say that all<br />
publishers are rogues and thieves, the question is not settled,<br />
but if it be admitted that a single honest man exists<br />
in the whole publishing trade, the question is settled,<br />
for nobody will bring forward any man who has had practi-<br />
cally to do with books who does not know that the figures in<br />
the " Costs of Production " are useless.<br />
2. The following letter from Sir Martin<br />
Conway appeared on March 19th in the British<br />
Weekly:—<br />
Claudius Clear and the Authors' Society.<br />
To the Editor of the British Weekly.<br />
Sir,—I have only just seen a communication in the<br />
British Weekly of March 3, signed "Claudius Clear," in<br />
which I read that the "Authors' Society's information pub-<br />
lished on the subject"—of the " Cost of Production "—" ie<br />
not to be trusted "; and, in another place, is " useless."<br />
The figures given in the " Cost of Production " were not<br />
invented by the Authors' Sooiety. They are actual esti-<br />
mates furnished to the Society by printers; or furnished by<br />
printers to authors. This fact has been 3tated so often<br />
that it is truly surprising to see the old charge reproduced.<br />
If your correspondent will tell me any better way of<br />
arriving at the truth than by getting estimates from printers,<br />
I shall be glad to hear of it. These figures sometimes prove<br />
to be over the mark; seldom under. In the February<br />
number of The Author, three estimates for printing and<br />
binding the same work were quoted, all by first-class houses;<br />
all three much under the total cost given in the " Cost of<br />
Production." The Secretary has at the present moment in<br />
bis hands, for immediate publication, five estimates for<br />
another book, of which three are much under that given in<br />
the "Cost of Production" for a similar MS. with the same<br />
type, size of page, number of words in a page, &c.<br />
When printers, who determine the " Cost of Production,"<br />
begin to send in estimates above those given by the Sooiety<br />
in their book and in The Author, the figures now given by<br />
the Society will be altered. Meantime your readers may<br />
depend upon getting from us the exact figures, neither<br />
invented nor altered, furnished by printers of town and<br />
country, for every kind of book, and all the commonly used<br />
kinds of type.—I am, Sir, your obedient servant,<br />
Martin Conwat,<br />
Chairman of the Committee of Management of the<br />
Incorporated Society of Authors.<br />
4, Portugal-street, W.C., March 18.<br />
3. The Editor of the British Weekly appended<br />
the following comment:—<br />
Our contributor invited the Authors' Society to find any<br />
publisher who would Bupport its statements. If Sir<br />
Martin Conway will find one, we shall be very happy to hear<br />
him. If he cannot, the inference is obvious. There is<br />
either (1) no honest publisher, or (2) no competent publisher<br />
in this country.—Ed. B. W.<br />
(4.) To this comment the only reply is that the<br />
business of the Authors' Society is to find, by<br />
printer's estimates, the cost of producing different<br />
kinds of books. The Society, having ascertained<br />
the facts from printers and others, publishes these<br />
facts in the interests of authors: it has nothing<br />
to do with the opinions of publishers on these<br />
facts. If any publisher says that he cannot get<br />
these figures, then the only reply is that, if he goes<br />
where the Society got them, he can. "Claudius<br />
Clear" means, perhaps, that the Society invents<br />
these figures. Indeed, that seems the only mean-<br />
ing that can be put upon his words. At all<br />
events, if it is to be a question whether publishers<br />
are "rogues and thieves," or the committees and<br />
<br />
<br />
## p. 291 (#737) ############################################<br />
<br />
THE AUTHOR.<br />
291<br />
secretaries of this Society, the side taken in these<br />
pages would probably lean in the former direc-<br />
tion. But the question does not arise, because<br />
ublishers have not denied the accuracy of these<br />
gures.<br />
NOTES AND NEWS.<br />
JAMES PAYN is dead. His death has called<br />
forth a spontaneous and unanimous voice<br />
of regret and praise which makes one think<br />
better of the world. His, indeed, was the ideal<br />
literary life—one of devotion and unwearied<br />
industry, one without envy, malice, or jealousy.<br />
Of him it may be written, that he never uttered<br />
a word of malice: that he never grudged a rival<br />
his success: and that he neither log-rolled nor<br />
depreciated. The following notes I have already<br />
contributed to a little causerie of my own.<br />
I seem to have known him for the greater part<br />
of my life. As a fact, I have only known him<br />
personally for twenty years. In the late fifties,<br />
however, when I was an undergraduate, I often<br />
heard about him. He used to turn up at his<br />
own College (Trinity) from time to time, and his<br />
stories—the delight of the Combination Room—<br />
were sometimes retailed to me by a friend, then<br />
one of the Junior Fellows. He was a companion<br />
of other friends of mine in the Lakes when he was<br />
compiling his Guide Book, which he wrote, I<br />
believe, without climbing a single hill, for<br />
Payn was always singularly averse from bodily<br />
exercise. However, without meeting the man<br />
in the flesh until the seventies, I used to<br />
hear about him constantly. In letters he has<br />
tried almost everything, and succeeded in every-<br />
thing he has tried. He has written excellent<br />
verses; he has told excellent stories; he has<br />
written charming cauteries; but, above all and<br />
before all, he has been a humorist born. That<br />
way his genius lay; no modern writer has been a<br />
greater humourist than Payn. He bubbled over<br />
with good things; he made humour out of every-<br />
thing. As for any of his work surviving, who<br />
knows? If a story of the keenest interest, admi-<br />
rably constructed, filled with excellent characters,<br />
is likely to survive, then there are half a dozen<br />
books by Payn which will eurvive. I should be<br />
sorry, indeed, to institute any odious comparison<br />
between the work of the younger men and the<br />
work of Payn, but at least one may that, for<br />
brightness of dialogue, sunshine of atmosphere,<br />
artistic construction, the former have a great<br />
deal to learn from the elder writer. A delightful<br />
companion, a man full of kindliness, who has<br />
never said an ill word of anyone, who has always<br />
delighted above all tilings, when he was an editor,<br />
in finding out young writers and advancing thein.<br />
What did I say above? The younger writers<br />
have indeed a great deal to learn from James<br />
Payn.<br />
I remember, for instance, about sixteen years<br />
ago, receiving from Payn an advance copy of a<br />
certain new book. He asked my opinion upon it.<br />
I read it all one Saturday evening with enormous<br />
delight. For he had found a new man, and<br />
with characteristic rejoicing he was eager that his<br />
"find" should be shared by other people. The<br />
book was " Vice Versa," the first of many books<br />
by another humorist of the front rank. It is<br />
generally believed that literary men are jealous<br />
of each other. That was not James Payn's case;<br />
he has never been been capable of jealousy or of<br />
venom, or any other of the vices supposed to be<br />
inherent in the profession. In a single word,<br />
Payn has always been a " gentleman of letters"<br />
through and through. I think that he will not<br />
readily be forgotten even by the people who never<br />
met him personally.<br />
In another column will be found more figures<br />
and more correspondence as to the " Cost of Pro-<br />
duction." The case for our figures is this:<br />
1. They are actual estimates obtained from<br />
printers of acknowledged standing. Any attack<br />
upon the figures is therefore a charge of false-<br />
hood directed against the managers of the<br />
Society.<br />
2. The figures given in the "Cost of Produc-<br />
tion" were estimates obtained six or seven years<br />
ago.<br />
3. Since that time prices of machinery and<br />
paper have gone down, the latter enormously.<br />
4. The figures given on p. 289 show that the<br />
estimates in 1898 are lower than those of<br />
1891.<br />
5. The duty of the Society after ascertaining<br />
these figures was to make them public in the<br />
interests of their members. If an author obtains<br />
an estimate or a charge exceeding these figures,<br />
from a publisher, he now knows what to think.<br />
6. At the same time it must be remembered<br />
that there may be reasons for choosing a specially<br />
expensive paper or an expensive binding. Also,<br />
that, as the difference in the estimates proves,<br />
it is impossible to give more than the average<br />
estimate. .<br />
Is it quite impossible for after-dinner speakers<br />
—even persons unconnected with the manage-<br />
ment of literary property—to speak of the Society<br />
of Authors with something like regard for facts<br />
and for decent manners? At the recent dinner of<br />
the Correctors of the Press, there is reportcl a<br />
speech by Sir Henry Craik. Now, to begin with,<br />
P<br />
fi<br />
<br />
<br />
## p. 292 (#738) ############################################<br />
<br />
292<br />
THE AUTHOR.<br />
Sir Henry Craik is a responsible person; he is<br />
not one of those persons who are expected to<br />
kick at the publication of the facts. He is a<br />
K.C.B. and an LL.D.; he is Secretary of the Scotch<br />
Education Department. He has written a Life<br />
of Swift; he has also written a work on the<br />
State and Education; and he has copied out<br />
"Selections" from various writers. In a word, he<br />
is a man of apparently solid parts. Now how does<br />
this responsible person allow himself to speak of<br />
the Society of Authors? Tbis is what he is<br />
reported as having said:<br />
(1.) "The Society of Authors had told them that<br />
the publisher was a needless invention."<br />
The Society of Authors has never to my know-<br />
ledge said anything of the kind.<br />
(2.) The Society of Authors had told them that<br />
"the chief duty of the author was to<br />
make himself a sprightly commercial<br />
agent, who brought the most worthless<br />
wares to the dearest market."<br />
This statement seems to me a statement as to<br />
the Society's position, which I should be very glad<br />
to see the Committee take up seriously, if it were<br />
possible. One such case seriously undertaken,<br />
and carried through, would put a stop at once and<br />
for ever to such misrepresentations.<br />
"Marguerite" writes to state that from her<br />
own experience editors are courteous, and pub-<br />
lishers ready to explain the reasons of their deci-<br />
sion as to her MSS. One editor told her that<br />
her MS. was not rejected on account of any want<br />
of literary merit, but solely because he was already<br />
"full up." She has received other letters fr.-m<br />
other editors equally courteous in tone. There-<br />
fore, she says, " all civility is not reserved for the<br />
other side of the water, as E. L. A. seems to<br />
imply." Did E. L. A. imply so sweeping a view<br />
of the matter? One is very glad to print these<br />
testimonials to the courtesy of many editors, the<br />
existence of which has never been disputed, while<br />
the discourtesy of other editors is still insisted<br />
upon. As regards publishers, "Marguerite"<br />
gives the letter in full, which accompanied the<br />
return of her MS. It informs her, with far more<br />
consideration than is generally the case, that,<br />
while the book is "pleasant, it is too slight for<br />
separate publication." "Marguerite " says that<br />
she will send her next MS. to the same firm.<br />
This shows the value of a little politeness, which<br />
costs nothing. At the same time politeness, one<br />
would point out, is not the only quality which<br />
makes a firm desirable for an author.<br />
The new journal, the Ontlook, noticing certain<br />
remarks of mine on the new Literary Year-Booh<br />
made in another paper, says that I would not allow<br />
"any author even to murmur under his breath au<br />
unkind word of another." This is hardly the way<br />
I should like it put. My contention is simply that<br />
one writer ought to observe towards another<br />
writer the same attitude of courtesy and good<br />
breeding that is expected of one barrister towards<br />
another; or of one medical man towards another.<br />
That is a reasonable claim, surely, and not too<br />
much to ask—simple courtesy. As a gloss upon<br />
this proposition I would point out that the fact<br />
that a poet or a novelist, an antiquarian or an<br />
essayist, does not necessarily possess the faculty<br />
of criticism: and does not, therefore, exercise by<br />
right the utterance of judgments upon other<br />
poets, or novelists, or essayists. The critical and<br />
the literary faculty do not, in other words, mean<br />
the same thing. As regards the Year-Book (see<br />
p. 293) before us, there are two questions quite<br />
distinct. (1) Is it decent or desirable to present<br />
in the Literary Year-Book a wholesale attack<br />
upon living literary men and women? And (2),<br />
if it is decent and desirable, is Mr. Joseph Jacobs<br />
likely to be accepted as quite the proper person<br />
for the job? _<br />
Mr. Anthony Hope's experiences in the United<br />
States, otherwise pleagant, have had their seamy<br />
side in the publication of certain paragraphs in<br />
certain papers, quoting words which he did not<br />
use, and opinions which he never held or expressed.<br />
In a letter to the New York Critic Mr. Anthony<br />
Hope indicates in the concluding paragraph, with-<br />
out naming him, the real offender. It is not the<br />
obscure journalist who invents things for the sake<br />
of creating a little excitement who is to blame,<br />
it is the editor who allows their inventor to<br />
continue on his staff. He says—the italics are<br />
mine: "I suppose it is not customary to attempt<br />
to sift paragraphs of this description in any way<br />
before publishing them as facts. Lf some such<br />
process is not altogether impossible in a newspaper<br />
office it xcould seem to be desirable. In the pre-<br />
sent state of affairs a wise man treats all para-<br />
graphs as more or less amusing fiction; probablv<br />
this is only taking them in the spirit in which<br />
they are offered by their ingenious authors."<br />
The portrait of Mr. Herbert Spencer, which<br />
representatives of the literature, philosophy,<br />
and science of the country asked that he should<br />
allow to be painted as a mark of congratula-<br />
tion upon the conclusion of the "Synthetic<br />
Philosophy," is now at length finished. Professor<br />
Hubert Herkomer, R.A. has painted the portrait.<br />
Mr. Collins declares that "all who know Mr.<br />
Spencer will agree in praising it both as au<br />
admirable likeness and as a work of art." It will<br />
<br />
<br />
## p. 293 (#739) ############################################<br />
<br />
THE AUTHOR.<br />
293<br />
The Rev. E. A. Abbott, D.D.<br />
Grant Allen.<br />
William Allingham, F.R.C.S.<br />
William Archer.<br />
Sir Edwin Arnold, K.C.I.E.,<br />
&c.<br />
Mrs. Gertrude At her ton<br />
Sir Eobert S. Ball, LL.D.,<br />
F.R.S.<br />
Eobert Bateman.<br />
A. W. a Beokett.<br />
F. E. Beddard, F.R.S.<br />
The Rev. Canon Bell, D.D.<br />
E. F. Benson.<br />
Mrs. Oscar Beringer.<br />
Sir Henry Bergne, K.C.M.G.<br />
Sir Walter Besant.<br />
W. H. Besant, Sc. D., F.B.S.<br />
Miss M. Betham-Edwards.<br />
Ponlteney Bigelow.<br />
Augustine Birrell, Q.C., M.P.<br />
The Rev. Prof. T. G. Bonney,<br />
F.R.S., Ac.<br />
Oscar Browning.<br />
Prof. C. A. Bnchheim, M.A.,<br />
LL.D.<br />
Mrs. Mona Caird.<br />
Lady Colin Campbell.<br />
The Very Kev. the Dean of<br />
Canterbury.<br />
Rosa Nonchette Carey.<br />
Egerton Castle, F.S.A.<br />
Sir William Charley, Q.C.,<br />
D.C.L.<br />
Prof. A. H. Church, F.R.S.<br />
P. W. Clayden.<br />
Mrs. W. K. Clifford.<br />
Edward Clodd.<br />
The Hon. John Collier.<br />
Sir W. Martin Conway.<br />
Mrs. B. M. Croker.<br />
Francis Darwin, F.R.S., &c.<br />
Sir George Douglas, Bart.<br />
Prof. E. Dowden.<br />
The Very Rev. the Dean of<br />
Durham.<br />
The Rev. J. Earle, LL.D.<br />
Basil Field.<br />
Prof. Miohael Foster, F.R.S.<br />
Richard Garnett, C.B., LLD.<br />
"Maxwell Gray."<br />
H. Rider Haggard.<br />
Prof. J. W. Hales.<br />
Anthony Hope Hawkins.<br />
Miss Beatrice Harraden.<br />
Silas K. Hocking.<br />
"John Oliver Hobbes."<br />
Jerome K. Jerome.<br />
Henry Arthur Jones.<br />
J. Scott Keltie, LL.D.<br />
Mrs. Edward Kennard.<br />
Prof. E. Ray Lankester.<br />
W. E. H. Leoky.<br />
J. M. Lely.<br />
Mrs. Lynn Linton.<br />
The Right Hon. Sir John<br />
Lubbock, Bart., P.C.,<br />
D.C.L.<br />
"Edna Lyall."<br />
The Rev. W. J. Loftie,<br />
F.S.A.<br />
Sidney Lee.<br />
J. Norman Lockyer.<br />
The Right Hon. Sir Herbert<br />
Maxwell, Bart., P.C., &o.<br />
Phil May.<br />
Justin McCarthy, M.P.<br />
Prof. J. M. D. Meiklejohn.<br />
The Rev. C. H. Middleton-<br />
Wake.<br />
Miss Jean Middlemass.<br />
F. Frankfort Moore.<br />
Arthur Morrison.<br />
"E. Nesbit."<br />
Henry Norman.<br />
W. E. Norris.<br />
Max Pemberton.<br />
The Right Hon. Lord Pir-<br />
bright, P.C., F.R.S.<br />
Sir Frederick Pollock, Bart.,<br />
LL.D.<br />
William Pole, F.R.S.<br />
Morley Roberts.<br />
Edward Rose.<br />
W. M. Rossetti.<br />
Sir W. H. Russell, LL.D.<br />
Miss Adeline Sergeant.<br />
The Rev. Prof. W. W. Skeat,<br />
Litt. D., &o.<br />
Herbert Spencer.<br />
M. H. Spielmann.<br />
S. S. Sprigge.<br />
Sir John Stainer, Mus. Doc.<br />
Bram Stoker.<br />
Francis Storr.<br />
"Annie S. Swan."<br />
The Right Hon. Sir Richard<br />
Temple, Bart., P.C.,<br />
G.C.S.I., &o.<br />
W. Moy Thomas.<br />
The Right Hon. Lord Tenny-<br />
son.<br />
Sir Henry Thompson,<br />
F.R.C.S.<br />
John Todhunter, M.D.<br />
"Mark Twain."<br />
The Rev. Chas. VoyBey.<br />
Charles Waldstein, Litt. D.,<br />
&o.<br />
Mrs. Humphry Ward.<br />
Theodore Watts Dun ton.<br />
Peroy White.<br />
J. McNeill Whistler.<br />
Major-Gen. Sir Charles<br />
Wilson, K.C.B., &c.<br />
I. Zangwill.<br />
be sent to the next exhibition of the Royal<br />
Academy. It is proposed to offer the picture to<br />
the trustees of the National Portrait Gallery for<br />
hanging upon their walls. It is hoped that this may<br />
be long deferred, as the gallery does not exhibit<br />
portraits of the living. The trustees and directors<br />
of the National Gallery of British Art agree to<br />
exhibit the portrait upon their walls during Mr.<br />
Spencer's life. Walter Besant.<br />
THE ANNUAL DINNER.<br />
E Annual Dinner of the Society of Authors<br />
will be held in the Venetian Room of the<br />
Holborn Restaurant on Monday, May 2, at<br />
7.30 p.m. The chair will be taken by the Right<br />
Rev. the Lord Bishop of London, P.C. . Tickets<br />
for the Dinner will be 1 guinea, inclusive of<br />
everythiug.<br />
The formal notice of the Dinner will be sent out<br />
to each member in the course of a day or so. The<br />
following ladies and gentlemen have kindly con-<br />
sented to act as Stewards of the Dinner:<br />
"THE LITERARY TEAR-BOOK."<br />
THE new volume of the "Literary Tear-<br />
Book " * is before me. The first volume<br />
contained faults of omission which were<br />
inevitable at the outset. The new volume has<br />
filled up some of the omissions, and has given<br />
many additions; but it suffers from a failure<br />
on the part of the editor to understand what<br />
such a book should be.<br />
Its primary function is to supply all kinds<br />
of information that may be of use to those who<br />
follow the Literary Profession. Its clientele is<br />
not the outer world at all: the outer world does<br />
not greatly care about the details and manage-<br />
ment of the Literary Profession; it likes to have<br />
its books, papers, articles, poems, &c, supplied<br />
without asking how they come. The "Literary<br />
Tear-Book " is addressed, in fact, solely to literary<br />
folk, a thing that must be carefully considered by<br />
everybody concerned in its production. This being<br />
so, the editor has, in my judgment, committed a<br />
very grave error in choosing to begin his work by<br />
a misplaced attack upon the Profession at large,<br />
and upon members of the Profession individually.<br />
It is an age, he begins, benevolently, of " machine-<br />
made books and of reclame-made reputations.-'<br />
What are the "machine-made books Y What<br />
life have they Y What success Y Who publishes<br />
them? Who buys them Y What encouragement<br />
is there for the manufacture of machine-made<br />
books? Surely an editor who laments the<br />
* "The Literary Year-Book, 1898." Edited by Joseph<br />
Jacobs. (London: George Allen. 3s. 6d.)<br />
<br />
<br />
<br />
## p. 294 (#740) ############################################<br />
<br />
294<br />
THE AUTHOR.<br />
machine-made book might at least explain, with<br />
a few illustrations, what he means.<br />
Again, whose are the reputations made by<br />
reclame F There must be a great many of them<br />
according to the editor, because this is an "age"<br />
for them. One knows the names of one or two<br />
persons who have done, or are doing, their very<br />
best to advertise themselves, but they have failed,<br />
as a rule, to achieve the admiration they desire.<br />
Where are they, then, these reputations of reclame<br />
for which this age is so famous?<br />
Let us imagine, if we can, a professional book<br />
intended for lawyers, which should begin by<br />
telling its clientele that they know no law, and<br />
that their reputation is made by reclame; or a<br />
book intended for the medical profession, which<br />
should begin by saying that all doctors are<br />
quacks; or a book intended for the army, which<br />
should begin by lamenting the decay of courage<br />
among our officers! We cannot imagine such an<br />
absurdity. Yet this is exactly what has been done<br />
for the literary profession by the editor of the<br />
"Literary Year-Book." He actually begins by<br />
scattering, broadcast, attacks upon the work of<br />
the very people to whom he looks for support!<br />
And, which is worse, he seems to think it the<br />
function of the "Year-Book" to depreciate the<br />
very profession which it is meant to represent<br />
and to support!<br />
In the course of his Introduction, for instance,<br />
the editor asks how many of the 7000 books of last<br />
year will survive. So put, the question certainly<br />
involves the assumption that they ought all to<br />
survive. But, consider. Out of the 7000 at least<br />
ninety-nine in a hundred are books produced for<br />
the needs of the day; as the educational, technical,<br />
and scientific books: books for children: the<br />
magazines and journals. Of the remainder it will<br />
be time enough in twenty years to ask how many<br />
books of those published for more than the needs<br />
of the time, as poems, plays, essays, fiction, have<br />
survived from 1897.<br />
There are other charges of less importance but,<br />
unfortunately, equally out of place. "Nowadays<br />
a writer sends forth his message into the air with<br />
no definite target to aim at." What does that<br />
mean? If a man has a message to deliver he<br />
wants no target. If he has an arrow to shoot<br />
he does want a target; but not if he has a<br />
message. It means that the editor proposed to<br />
say something disagreeable and has said it.<br />
"There has been no literature in 1897." That<br />
is a comfortable assertion; it is especially calcu-<br />
lated to please the people for whom the " Year-<br />
Book " is published. The editor says that he has<br />
"stated and proved " it. I see the statement, but<br />
not the proof, which has somehow dropped out.<br />
The novelists will be, above all, pleased with the<br />
book, for the writer demonstrates that they are<br />
all in a decaying, or decayed, condition. How-<br />
ever, one need not follow the Introduction any<br />
further. Considered as an introduction to a<br />
"Year-Book" of Literature, compiled entirely for<br />
literary folk, it is certainly lamentable.<br />
This fundamental error of supposing that criti-<br />
cism of any kind—even real criticism—is wanted<br />
in such a work is carried throughout the volume.<br />
There are, for instance, half a dozen photographs of<br />
authors. Each is accompanied, not by a simple<br />
statement of the writer's work, which is all that<br />
is wanted in a Year-book for the Profession, but<br />
by an attempt at smart criticism of the writer,<br />
with a pat on the back or a snub, either of which<br />
is unasked and out of place.<br />
Then follows a list of fiction for 1897, which<br />
is incomplete. Here, again, the editor remains<br />
under the delusion that his judgment has been<br />
invited. Nobody wants his judgment or his<br />
selection. A Year-Book wants neither criticism,<br />
nor selection, nor judgment. It wants facts.<br />
The editor should take his judgment and his<br />
selections to any of the literary and critical<br />
journals, where they might be accepted and where<br />
they would not be out of place.<br />
I hope that in the third volume of the " Year-<br />
Book " the proprietors will recognise the broad and<br />
simple fact that it is not the function of the book<br />
to abuse and insult the very people for whose use<br />
it is produced. Common politeness is due to your<br />
customers. The " Year-Book " should fill a very<br />
important function indeed. That is the reason<br />
why these remarks are offered ; but one is hardly<br />
encouraged to recommend it when one finds what<br />
is offered. I do not like to quote the remarks made<br />
on Mr. Hall Caine, on pp. 24, 25, while on p. 2 5 Mr.<br />
Seton Merriman, Thomas Hardy, Rudyard Kipling<br />
—the writer actually speaks of the "moderate<br />
height" of " The Light that Failed"—the "mode-<br />
rate height!"—George Gissing, Anthony Hojie,<br />
S. E. Crockett, Louis Stevenson, Henry James,<br />
Marion Crawford, Richard Le Gallienne, and<br />
Olive Schreiner, all come in for the appreciation<br />
of this genial editor. This is sweeping enough:<br />
but there are other broad and comprehensive<br />
strokes of the broom by which the editor jjroves<br />
to his own satisfaction that there has been no<br />
literature in 1897. But in that case if there is no<br />
literature, what is the use of a "Literary Year-<br />
Book "? Why is it published? And why all this<br />
trouble to compile lists, and arrive at information<br />
as to the management of the Literary Profession?<br />
Surely, a profession which is from beginning to<br />
end an imposture and a quackery, does not<br />
demand a book of its own. The sooner it is dis-<br />
couraged, swept away, and made unprofitable, the<br />
better for the world.<br />
<br />
<br />
## p. 295 (#741) ############################################<br />
<br />
THE AUTHOR.<br />
295<br />
Lastly, there is an attempt made to give the<br />
birthdays of literary people. Would it not be<br />
better to confine the attempt to the dead? I find<br />
myself, for instance, honoured with a birthday.<br />
I am stated to have been born on All Saints<br />
Day. I was not born on that day. Nor was I<br />
born in the year mentioned. The editor kindly<br />
gives me eight years of life more than I can<br />
claim.<br />
I have thought it necessary to speak plainly<br />
as to this unfortunate work, partly because it is<br />
most important to the Craft that we should have<br />
a good Year-Book, such as may be useful for<br />
reference and for facts: partly bocause the<br />
laudable attempt to produce such a book by Mr.<br />
George Allen should be recognised, and the need<br />
of such a book, properly prepared, should be<br />
acknowledged: and partly because in the Intro-<br />
duction I am named as one of those who gave<br />
advice. I remember a little correspondence with<br />
the late editor, Mr. Aflalo, but not with Mr.<br />
Jacobs, and I have no recollection at all of<br />
offering him any advice. My memory, however,<br />
on this point may be at fault. In any case I have<br />
to dissociate myself entirely from this ill-advised<br />
and unfortunate attempt to convert the " Literary<br />
Year-Book" into a medium for attacking the<br />
followers of Literature. W. B.<br />
THE "TAX" UPON PUBLISHERS-<br />
(I.) JI iHE following is an extract from the<br />
I Manchester Guardian on the subject<br />
of this alleged tax :—<br />
"Another matter about which a great deal of<br />
nonsense has been talked of late is also handled<br />
very plainly by the editor of The Author. This<br />
is the so-called 'tax' upon publishers of five<br />
copies of • each copyright work which have to be<br />
presented to the chief libraries of London, Edin-<br />
burgh, Dublin, Oxford, and Cambridge. The<br />
editor runs a sharp pin into the bubble of a<br />
grievance, and makes it instantly collapse. 'Most<br />
books,' he says, ' the vast majority of books, do<br />
not sell right out. Many leave "remainders,"<br />
which are sold at a few pence each. Now, in every<br />
case where there is a remainder there has been no<br />
loss by this tax at all. . . . The tax would<br />
appear to be a burden when the demand is<br />
greater than the supply, but even then new<br />
editions came out, to be followed by remainders<br />
in the long run. It is therefore a tax which, if it<br />
is real at all, is very small.' We should be<br />
exceedingly sorry in any case to see the free<br />
supply of books to the four great libraries out-<br />
side London cut off, for they serve a population<br />
to which the British Museum is not available."<br />
(II.) The following paper, which shows<br />
American opinion on the matter, has been com-<br />
municated to the editor by the author, Mr. S. H.<br />
Ranck, Librarian of the Enoch Piatt Free<br />
Library, Baltimore. It is part of a paper read at<br />
a conference of the American Library Associaton,<br />
held at Denver, Colorado, in August, 1895 :—<br />
"The modern idea of the librarian is that of<br />
the distributor, rather than the keeper of books;<br />
but the idea of the ' keeper' is not entirely lost.<br />
Almost every librarian feels that he owes some-<br />
thing to his successor and to the public of the<br />
future. He believes that he ought to preserve<br />
for them as complete a record as possible of every<br />
human activity—the life and the work of the people<br />
of his day. In this view the library is a museum<br />
of civilisation, accumulating and preserving the<br />
results of human progress or degeneration.<br />
Nevertheless, the work of collecting and preserv-<br />
ing is important, and many libraries are doing it<br />
for their communities, as far as it lies in their<br />
power; but the larger the community and the<br />
greater the number of books, the more difficult<br />
such a task becomes.<br />
"Too many librarians, however, impressed with<br />
the importance of the work of collecting and pre-<br />
serving for the future, attempt to do too much.<br />
Libraries in the same community overlap each<br />
other in a way that is often wasteful; and, on the<br />
other hand, they neglect to preserve matters of<br />
importance. Almost everything depends on the<br />
whims or tastes of the persons who, for the time,<br />
may happen to be in charge of the library. It<br />
seems that the time has come when libraries<br />
should have a very clear understanding of the<br />
work each one is to do in the line of collecting<br />
for preservation.<br />
"Many of our public libraries of a popular<br />
character add from five to fifteen thousand<br />
volumes every year, and they must do so to<br />
supply the demand for new books, and to do the<br />
work they ought to do; but how many of these<br />
books will be so much as even remembered by<br />
the most intelligent general reader one hundred<br />
years hence? The library that continues buying<br />
ten thousand volumes a year for a century, and<br />
preserves them, as almost every library is now<br />
doing, will then have over a million books, a<br />
number that is exceeded by only two or three<br />
libraries in the world to-day.<br />
"The expense of administration and the inter-<br />
ference of tens and hundreds of thousands of<br />
unused volumes, will force most of our libraries<br />
to carry only a working stock. These librariet<br />
<br />
<br />
## p. 296 (#742) ############################################<br />
<br />
2g6<br />
THE AUTHOR.<br />
must discriminate, and they should not attempt<br />
to collect and preserve, except in very limited<br />
fields; but there ought to be a few libraries<br />
whose particular work should be that of gathering<br />
and saving for the future. These few should<br />
have every opportunity of getting all the mate-<br />
rial within their field, so that they could be<br />
depended upon, for all time, to have everything<br />
within their intended limits.<br />
"To show the need of systematic collection<br />
for preservation, to point out a method to insure<br />
a more reasonable degree of completeness and<br />
safety, and, at the same time, to make such a<br />
collection more accessible to the students of this<br />
and succeeding generations, is the purpose of<br />
this paper.<br />
"Books of local interest and value are con-<br />
stantly published, but they do not get into the<br />
regular channels of the trade, and so they are<br />
lost to the libraries and to the future. This<br />
state of things must continue so long as present<br />
methods are followed. In how many States is<br />
there a library with anything like a complete<br />
collection of the books, not to mention news-<br />
papers, pamphlets, &c, published within, or<br />
relating to, the State? There is not a library<br />
in the State of Maryland where one-third of the<br />
several thousand books published within her<br />
borders before the Civil War can be found. The<br />
same is true, I know, of other, and no doubt to<br />
some extent of all, the States.<br />
"You may say that most of these books de-<br />
serve to be forgotten. It may be true, but never-<br />
theless they were once a part of the life of the<br />
people. Do we believe that the census should<br />
enumerate only the 'important' men of the<br />
nation? As a record of the life of a people a<br />
complete collection of their books is fully as<br />
important as the enumeration and classification<br />
of every man, woman, and child. As no one can<br />
select the 'important' people for the census<br />
returns, so no one can select the 'important'<br />
books for a collection that must represent the<br />
intellectual life of the people: for we should be<br />
constantly repeating the experience of the critics<br />
who would have denied the earlier works of a<br />
Wordsworth, or a Byron, and many other great<br />
writers, when first their works appeared, a place<br />
on library shelves.<br />
"The Constitution of the United States pro-<br />
vides that the Congress shall have power 'to<br />
promote the progress of science and useful arts,<br />
by securing for limited times to authors and<br />
inventors the exclusive right to their respective<br />
writings and discoveries.' In accordance with<br />
this power our copyright laws have been passed.<br />
Such laws are wise, and they should apply to<br />
citizen and alien alike. These laws give the<br />
owner of the copyright a great monopoly, and<br />
one that increases in value with the growth of<br />
population, of general intelligence, and of<br />
libraries. Even now a publisher can safely count<br />
on disposing to libraries alone of a considerable<br />
edition of a very ordinary book; and there is an<br />
ever growing demand for larger editions. To<br />
obtain this copyright the owner must pay a fee<br />
of one dollar and deposit two copies of the book<br />
in the Library of Congress (national library) at<br />
Washington—all of which is very well as far as<br />
it goes.<br />
"But our copyright law provides only one<br />
depository for the United States, On the other<br />
hand, an Act of Parliament provides five for<br />
the United Kingdom of Great Britain and<br />
Ireland, and before the convenience and<br />
rapidity of travel by railroad there were eleven.<br />
The British law requires that a copy of every<br />
edition of a book must be delivered to the British<br />
Museum, 'bound, stitched or sewed together, and<br />
upon the best paper on which the book is printed.'<br />
Furthermore, 'copies of every edition of every<br />
book published must, if demanded, be delivered<br />
to an officer of the Stationers' Company for each<br />
of the following Ubraries: the Bodleian Library,<br />
the Cambridge University Library, the Advocates'<br />
Library at Edinburgh, and the Library of Trinity<br />
College, Dublin.' From this source, in 1893, as<br />
stated ihthe annual report, the Bodleian Library,<br />
Oxford, received 39,619 items.<br />
"And now be it remembered that the area of<br />
Great Britain and Ireland exceeds the area of the<br />
single State of Colorado by less than 12,000<br />
square miles—Colorado contains 103,925. On<br />
the other hand, the population of the United<br />
States is nearly twice that of the British Isles.<br />
On the basis of population the United States<br />
should have, at the present time, ten depositories<br />
for the five of the British. Of the twenty or more<br />
political divisions of Europe, though only one<br />
exceeds the United States in the number of its<br />
inhabitants, a number of them have more<br />
depositories.<br />
"Again, the area of the United States (includ-<br />
ing Alaska) and the area of Europe are so nearly<br />
equal that the annexation of the single province<br />
of Ontario would make the two areas almost<br />
exactly the same. We are forced to believe that<br />
in the course of a few centuries, at the very most,<br />
the number of people in the United States will<br />
exceed the present number in Europe, about<br />
three hundred and fifty millions, an average of<br />
one hundred per square mile. Pennsylvania, New<br />
York, New Jersey, Connecticut, Massachusetts,<br />
and Rhode Island already exceed this average—<br />
the average per square mile in Massachusetts and<br />
Rhode Island being 278 and 276 respectively.<br />
<br />
<br />
## p. 297 (#743) ############################################<br />
<br />
THE AUTHOR.<br />
297<br />
One depository is not enough for such a vast<br />
number of people, nor for such a large area.<br />
"Whilst there are a dozen or more languages<br />
in Europe, each with its own distinct literature,<br />
in the United States the English language is<br />
common to nearly all the people; and, if present<br />
tendencies continue, the proportion of people in<br />
America, who will express their thoughts in Eng-<br />
lish, will be greater a hundred years hence than<br />
it is now. A great multitude of intelligent and<br />
educated people, speaking a common language,<br />
require more than one depository for the pro-<br />
ducts of their intellectual life.<br />
"Under the present arrangement the student<br />
of the history of California must cross the conti-<br />
nent if he wants to find all the copyrighted books<br />
that are now published in the State, or relating<br />
to it, and a hundred years hence his need to go<br />
to Washington will be even greater; for books<br />
have a curious way of disappearing. Can the<br />
National Library at Washington assure the student<br />
of 1995 that all the books relating to California<br />
of to-day will be there? Is it safe to risk every-<br />
thing in one place? A national library is sub-<br />
ject to all the ordinary risks of any library, with<br />
the additional risk of loss by an act of war. We<br />
need only recall the history of our own National<br />
Library, burned by the British in 1814, and<br />
Washington terrified by hostile armies during<br />
the civil war. The carefulness and foresight of<br />
ordinary business affairs demand that all should<br />
not be risked in one place.<br />
•' All these difficulties and dangers of a single<br />
depository can be overcome by an amendment to<br />
the law of copyright. The law should provide<br />
for more depositories. How many more will be<br />
largely a matter of judgment. It should provide<br />
first of all, that every State may be assured that<br />
it can get, within the State, a copy of every work<br />
that is copyrighted by one of its citizens. Where<br />
it should be deposited would be for each state<br />
legislature to decide—the State Library, the State<br />
Historical Society, or the Library of the State<br />
University, suggest themselves as proper places."<br />
LITERATURE IN THE PERIODICALS.<br />
Local Colour according to Taste — A<br />
Word to Magazine Writers—The Short<br />
Story.<br />
The historic advice "verify your quotations,"<br />
may be varied or supplemented by the warning,<br />
"Confirm your cabled agreements by letter." Mr.<br />
H. G. Wells has suffered at the hands of an<br />
American editor—a Boston editor, no less.<br />
When he agreed with one of the New York daily<br />
journals for the serial publication of his story<br />
"The War of the Worlds," he stipulated that no<br />
alterations should be made in the text of the<br />
story without his consent. The editor of the<br />
Boston Post saw the story running in the New<br />
York paper, and cabled to Mr. Wells an offer for<br />
the reproduction of it " as New York Journal." To<br />
this Mr. Wells replied " Agreed." Nothing fur-<br />
ther transpires until Mr. Wells receives a cutting<br />
from a chipping bureau acquainting him with the<br />
fact that his story " as applied to New England,<br />
showing how the strange voyagers from Mars<br />
visited Boston and vicinity," was appearing in<br />
the Post. He writes a letter in the New York<br />
Critic protesting in the most emphatic way<br />
against this manipulation of his work in order to<br />
fit it to the requirements of the local geography.<br />
An encouraging word for magazine writers is<br />
said by one of themselves—an old hand—in the<br />
National Review. He calls his article "The<br />
Sorrows of Scribblers," and admits, as an evidence<br />
of his own experience in climbing the "hill of<br />
Parnassus," that he has a desk full of super-<br />
annuated and unappreciated talent—fifty manu-<br />
scripts which he fondly turns over in reflective<br />
moments as if they were old love letters. He<br />
preaches patience with editors. They are quite<br />
alive to a good thing when they can get it; t here<br />
is, as a rule, no regular staff on a magazine, but<br />
"a fair field and no favour." Periodicals as a<br />
whole do not pay so well as papers, and journalism<br />
is a better staff than magazine hack writing.<br />
"If literature, as a living, may be compared to<br />
sweeping a crossing, then periodical writing may<br />
be likened to a crossing in a suburb where few<br />
men come and go, and journalism to that of a<br />
busy street in the City." Here is a piece of general<br />
advice that is tendered among this magazine con-<br />
tributor's "confessions " :—<br />
As far as possible, avoid all personal dealings with editors<br />
and publishers. Should you be shabby, they may (for after<br />
all they were once men) think less of you; should yon be in<br />
evident want of money, they will cut your price down:<br />
should you be nervous, they will paralyse you; and, beyond<br />
all else, their one and very reasonable desire will be to get<br />
rid of you as soon aB possible, and on the easiest termB.<br />
No; always send everything by post; it is by far your best<br />
chance. Though manuscripts, like curses, came home often<br />
to roost, so quickly—especially should they happen to be<br />
poetry—as to be a tribute to the postal service, still the post<br />
is your best friend.<br />
Mr. Frederick Wedmore writes in the Nine-<br />
teenth Century upon the Short Story, and disowns<br />
the favourite definition of this as "a novel in a<br />
nutshell." On the contrary, he claims it as a<br />
separate thing, and involving the exercise almost<br />
of a different art. So. that it is quite an absurd<br />
reward to speak of a short story as " a promising<br />
little effort," " an earnest of better things." The<br />
<br />
<br />
## p. 298 (#744) ############################################<br />
<br />
298<br />
THE AUTHOR.<br />
short story, says Mr. Wedmore, "admits of<br />
greater variety of form than does the long novel,<br />
and the number of these forms will be found to<br />
be increasing." Plot, or story proper, is no<br />
essential part of it. But it may be, as a long<br />
story is, in the narrative form, or in the first<br />
person (though this should be used very charily),<br />
or in the rare form of letters. Forms which by<br />
common consent are for the short story only, are<br />
simple dialogue, and the diary form. The latter<br />
must be used charily, and is not suffered gladly.<br />
'' It is for the industrious who read a good thing<br />
twice, and for the enlightened, who read it three<br />
times." The lighter work leans oftenest on the<br />
form of all dialogue; the graver, on the form in<br />
which there is no dialogue at all. Compression<br />
is indispensable; every sentence must tell. As<br />
to the tendencies of the day, Mr. Wedmore<br />
observes that among the better writers more care<br />
is being given to expression, to an unbroken con-<br />
tinuity of excellent and varied style. "The short<br />
story, much more than the long one makes this<br />
possible to men who may not claim to be geniuses,<br />
but who, if we are to respect them at all, must<br />
claim to be artists." The profession of the<br />
literary pessimist is already overcrowded, and<br />
Mr. Wedmore predicts that the short story at<br />
its best will return to a spirit humane and genial,<br />
sane and wide.<br />
OBITUARY.<br />
MR. JAMES PAYN died on March 25,<br />
at his residence in London. Born at<br />
Cheltenham in 1830, and educated at<br />
Eton, Woolwich Academy, and Trinity College,<br />
Cambridge, he made a beginning in authorship in<br />
his undergraduate days with a little volume of<br />
l>oetry called " Stories from Boccacio." Another<br />
lx>ok of verse was published in 1855, and was<br />
favourably received. Household Words and<br />
Chambers's Journal began to take stories and<br />
articles from him, and in 1858 he succeeded Mr.<br />
Leitch Ritchie as editor of the latter magazine.<br />
In its pages appeared, in 1864, the story "Lost<br />
Sir Massingberd," which proved a great success.<br />
He had already published "The Foster Brothers"<br />
(1859), and "The Family Scapegrace" followed<br />
in 1869. These were the first fruits in a literary<br />
career singularly industrious and successful.<br />
Others that may be named of his fifty or so pub-<br />
lications are "Like Father, Like Son" (1870),<br />
"By Proxy" (1878), "Two Hundred Pounds<br />
Reward (1879), "For Cash Only" (1882) and<br />
"The Burnt Million" (1890)." Mr. Payn's<br />
latest work was "Another's Burden," published<br />
last year. In 1882 he became editor of Cornhill<br />
Magazine, succeeding Mr. Leslie Stephen, and<br />
held this position until failing health compelled<br />
his retiral in 1896. He was literary adviser to<br />
Messrs. Smith. Elder, and Co., and well known<br />
to readers of the Illustrated London News by his<br />
weekly " Note-book " in its pages. In "Literary<br />
Recollections," published in 1884, and "Gleams<br />
of Memory," in 1894, he gave to the public-<br />
clearer knowledge of a character which was always<br />
popular with them, and good-natured and cheery<br />
in its outlook. Nevertheless Mr. Payn was<br />
never physically strong. The chief relaxation<br />
of his busy life was found in whist playing, at<br />
which he was an accomplished hand.<br />
The deaths have also to be recorded, during the<br />
past month, of Sir Richard Quain, the eminent<br />
physician, and author of the "Dictionary of<br />
Medicine"; Mr. Aubrey Beardsley, the young<br />
artist and writer, whose work was identified largely<br />
with the Yellow Booh and the Savoy; and<br />
Zacharias Topelius, the most distinguished author<br />
and poet of Finland.<br />
CORRESPONDENCE.<br />
I.—" Americans Cannot Stand Criticism."<br />
IAM always interested when Americans<br />
attempt to "spoke my wheel," although not<br />
always moved to comment. But I think<br />
that Mr. Norman Hapgood should explain why it<br />
is that if the people of the United States do not<br />
"take me as seriously as the English people do,"<br />
I cannot write an article for a newspaper, much<br />
less a novel, without throwing the entire United<br />
States Press into a ferment. Some two years ago<br />
I published a letter in the London Chronicle in<br />
which I rashly instituted comparisons between<br />
Englishmen and American men, to the advan-<br />
tage of the former—solely on account of the<br />
many more generations which had contributed<br />
to their building; and although the most exciting<br />
and important presidential election of recent<br />
years was at its height, I received a sufficient<br />
number of abusive articles from the American<br />
Press to paper a good-sized flat. And when<br />
"Patience Sparhawk and her Times" appeared,<br />
there were only two papers that did not arise and<br />
vociferate at it—the Boston Herald and Town<br />
Topics. In fact, I have had a similar experience<br />
in a greater or less degree with every book I<br />
have published, although the antagonism of the<br />
United States Press has been far more persistent<br />
and loud-voiced since I came to England to live.<br />
The reason is a simple one. The Americans<br />
cannot stand criticism from anyone. But criti-<br />
cism from an American-born who has taken up<br />
<br />
<br />
## p. 299 (#745) ############################################<br />
<br />
THE AUTHOR.<br />
299<br />
his residence in a foreign country, and thus<br />
gained two ears instead of one, irritates and<br />
worries them out of all self-control and perception<br />
of justice. If I romanced about them they would,<br />
beyond doubt, ignore me, but as I have never<br />
in a single particular deviated from the truth nor<br />
been guilty of an exaggeration, they have tried<br />
every possible method to frighten me into the<br />
peaceful realms of obscurity. Of course there<br />
are Americans and Americans. A large and<br />
enlightened class understand that the country<br />
needs an impartial critic more than any country<br />
on earth. I hope I shall never do the United<br />
States an injustice, but I shall certainly not<br />
be deterred from telling the truth about it in<br />
every book I write. Gkrtrude Atherton.<br />
22, Granville-place,<br />
Portman-square, W.<br />
II.—An Experience with a First-class Firm.<br />
I am a beginner in literature, but I have, as in<br />
duty bound, joined the Authors' Society, and take<br />
The Author. I read therein of the ways of pub-<br />
lishers, which seem to be various and occasionally<br />
crooked. In the cases that are given, the name of<br />
the publisher is not printed, and, although there<br />
is a notice that the name and address of the firm<br />
can be obtained at the offices of the Society, I am<br />
too far from London to be able to identify them.<br />
I have, however, formed the impression that, in<br />
most cases, the firms to which unfavourable atten-<br />
tion was drawn must be small ones of little note,<br />
and that with the greater firms the usual methods<br />
of business obtaining in other branches of trade<br />
were observed, and that one was, so to speak, safe<br />
with them. My recent experiences have consider-<br />
ably undeceived me, and they may be of interest<br />
to my fellow members.<br />
Some three or four years ago I wrote two<br />
articles on a certain not very well known episode<br />
in history, which articles were published in a<br />
magazine of old standing and high reputation.<br />
The articles had a great success, though in no<br />
way pertinent to current affairs. Very shortly<br />
after I obtained more material, and I proposed<br />
to the publishers of the magazine to combine<br />
the old articles and the new material into a<br />
book to be illustrated. The suggestion was<br />
accepted, almost effusively, and I wrote the<br />
book. I was at that time very busy with other<br />
affairs, and it was written hastily. It was sent<br />
to the publishers, but I subsequently wired to<br />
my agent in England to withdraw it from them,<br />
and send it back for correction. I may say that<br />
I live three weeks' journey away from England.<br />
The MS. was returned, and the publishers<br />
wrote to say that the book was full of charm,<br />
but was hastily written and wanted balance. If<br />
I would re-write it they would be glad to have it<br />
sent to them for consideration. It was accord-<br />
ingly re-written very carefully, with a due regard<br />
to balance, and sent to the publisher. The revised<br />
MS. must have reached them in the first week of<br />
June, 1897. By October no answer was received,<br />
and I wrote and asked my agent at home to find<br />
out what the publishers were doing. At last in<br />
December the publishers answered. There was<br />
now no complaint about want of balance, no, the<br />
book was a great credit to me, and had fascina-<br />
tion, but they could not publish it because the<br />
subject was not one likely to be popular.<br />
To properly estimate the value of this astonish-<br />
ing remark it must be remembered that the gist of<br />
the book had been published in the magazine and<br />
had attracted great attention; the publishers had<br />
accepted at once the suggestion to make a book<br />
of the articles,and had mentioned their terms; six<br />
months before the final delivery of the MS. they<br />
had seen the book, and the only objection was that<br />
it wanted balance. The subject is not an<br />
ephemeral one, and was no more before the<br />
public in 1893 and 1895 than in 1897.<br />
If the final reason of the firm be correct, it<br />
simply means that they knowingly encouraged me<br />
to waste much valuable time writing a worthless<br />
book.<br />
In any case, their reason for keeping the book<br />
for seven months, although aware of its subject<br />
and its consequent worthlessness, and thereby<br />
preventing me offering it to another firm before<br />
the close of the publishing season, is not<br />
explained.<br />
This is a first-class firm at the very head of the<br />
business of publishing.<br />
It may be that this is the usual treatment that<br />
a young writer may expect, it may be that in the<br />
publishing world there is nothing unusual in<br />
this. I do not—perhaps happily—know the pub-<br />
lishing world and its ethics.<br />
But I may say that if indeed this sort of thing<br />
is common, the ethics of the publishing world are<br />
very different to that of other worlds, with which,<br />
fortunately, I am better acquainted. H.<br />
QUESTIONS AND ANSWERS.<br />
Qaem Deas vult perdero, prias dementat.<br />
IBEG to thank your three correspondents for<br />
their answers to my question, and to apolo-<br />
gise for my bad German, the blame of which<br />
must fall on me and not on the printers' reader.<br />
As I have been so successful in asking one<br />
question, I will now venture to ask another. The<br />
<br />
<br />
## p. 300 (#746) ############################################<br />
<br />
3oo<br />
THE AUTHOR.<br />
Latin words above—where do they come from,<br />
and in connection with what were they written?<br />
I have twice heard a very learned man declare<br />
that to give their authorship is impossible.<br />
I would, however, hazard the suggestion that<br />
the words should run iambically thus:<br />
Qaem Jupiter vnlt perdere, dementat prins,<br />
and that they have survived by citation from some<br />
lost writing of Publilius Syrus, whose "Judex<br />
damnatur cum nocens absolvitur" shows how<br />
much better his matter could be than his metre.<br />
Querist.<br />
PERSONAL.<br />
ON the occasion of his seventieth birthday<br />
(March 20) Dr. Henrik Ibsen was pre-<br />
sented by a group of English friends and<br />
admirers with a handsome set of silver, consisting<br />
of a ladle, a loving cup, and a small cup. The letter<br />
which accompanied the gift was signed by Mr.Wil-<br />
liam Archer and Mr. Edmund Gosse on behalf of<br />
the forty subscribers—"a few from among the<br />
many in England," they wrote," whom your execu-<br />
tive skill has stimulated and your intellectual<br />
intrepidity encouraged."<br />
A propos of the medallion to the late Poet-<br />
Laureate, which is to be erected in Lincoln<br />
Cathedral, Canon Rawnsley asks, in a letter to the<br />
Daily News, if it would not have been feasible to<br />
obtain by national subscription the little old<br />
manor house at Somersby. "Many in America<br />
and England," he observes, "would delight in<br />
years to come to see that old bird-haunted home<br />
of the greatest of Victorian poets still unchanged,<br />
and to find unharmed the Somersby house and<br />
garden that was a very haunt of nightingales."<br />
Sir William Fraser, formerly Deputy Keeper of<br />
the Records of Scotland, who died a fortnight ago,<br />
has bequeathed to the University of Edinburgh<br />
,£25,000 for the foundation of a Chair to be called<br />
the Sir William Eraser Professorship of Ancient<br />
History and Paleography; £ 10,000 for the pur-<br />
pose of the library; and one-half of the residue<br />
of his estate, which is expected to amount to<br />
between .£9000 and £ 10,000, for general require-<br />
ments, bursaries, research, publications, &c.<br />
Mr. Arthur W. a Beckett, who is a member of<br />
the Committee of Management of the Society of<br />
Authors, has just been unanimously elected<br />
chairman of the London district of the Institute<br />
of Journalists.<br />
BOOK TALK.<br />
HER WILD OATS" is the title of a<br />
novel which Mr. Thomas Burleigh,<br />
of 370, Oxford-street, has recently<br />
published for John Bickerdvke, author of<br />
"Daughters of Thespis," "Lady Val's Elope-<br />
ment," &c. The scene of the story varies between<br />
the Upper Thames and London, and the book<br />
contains a slight theatrical interest. Mr. Thomas<br />
Burleigh's name is familiar to authors at the<br />
present time, owing to his post as secretary of<br />
the Booksellers' Union. He has the premises<br />
where for many years a publishing business was<br />
carried on by Mr. David Stott.<br />
On May 2, 1898, it will be fifty years since<br />
Queen's College, London, opened its doors for<br />
women. This was the result of a plan originally<br />
discussed by Charles Kingsley, Alfred Tennyson,<br />
Hullah, Maurice, Mrs. Marcet, Mrs. S. C. Hall,<br />
&c, for the better teaching of girls, and Queen's<br />
College thus became the pioneer of all higher<br />
education for women. How times have changed<br />
in these last fifty years! An educated woman is<br />
no longer the exception, but the rule, the result<br />
being that women are now to a great extent able<br />
to earn their own livings and work honourably at<br />
professions.<br />
In commemoration of the jubilee, Mrs. Alec.<br />
Tweedie originated the idea of a memorial booklet,<br />
comprised of articles by old college students on<br />
their own professions, and undertook its editor-<br />
ship. This little volume will be sold at the<br />
College for the benefit of the building fund, and<br />
in its pages will be found the original lecture by<br />
Rev. Frederick Denison Maurice on the " Objects<br />
and aims of the College," a resume" of the half<br />
century's work by Miss Croudace, the Lady Resi-<br />
dent, besides articles on medicine, music, art,<br />
classics, literature, journalism, cookery, laundry<br />
work, hospital training, mathematics, the stage,<br />
&c., by well known women writers.<br />
A serial novel, called "Whips of Steel," by<br />
Annabel Gray, is now appearing as a feuilleton<br />
in the columns of the Daily Mail.<br />
There will presently be issued from the ofBces<br />
of the European Mail another work from the<br />
pen of "Sundowner," entitled "Tarns from the<br />
Never-Never." The volume will contain some<br />
three dozen "yarns from the Australian back-<br />
blocks."<br />
A volume containing two stories by Mr. Henry<br />
James will be published early in the summer by<br />
Mr. Heinemann.<br />
"Perish the Bauble," a shilling novel of an<br />
exciting nature, will be out in May, published by<br />
<br />
<br />
## p. 301 (#747) ############################################<br />
<br />
THE AUTHOR.<br />
301<br />
Vincent Clare, 71, Wendover-road, Harlesden,<br />
N.W. It is by Frances Hariott Wood.<br />
"Comedies and Errors " is the title chosen by<br />
Mr. Henry Harland for a new volume of short<br />
stories, which Mr. John Lane will publish for him<br />
shortly.<br />
Sir Edward Grey, M.P., is to contribute a<br />
volume on angling; Dean Hole one on gardens;<br />
the Marquis of Granby one on sport and wild<br />
life in a northern county; and Mr. George A. B.<br />
Dewar one on sport and wild life in Hampshire<br />
and the New Forest, to a new series of books on<br />
country life which Messrs. J. M. Dent and Co.<br />
have projected. This is to be called the Haddon<br />
Library. The Marquis of Granby and Mr. Dewar<br />
will edit the series. Mr. Dewar wrote "The Book<br />
of the Dry Fly," which appeared a year ago.<br />
Sir Martin Conway's new book, " With Ski and<br />
Sledge over Arctic Glaciers," will be published<br />
in a few days by Messrs. Dent. It is, of course,<br />
a result of the author's recent explorations in the<br />
interior of Spitzbergen.<br />
Mr. Alfred Bussel Wallace has written "The<br />
Wonderful Century: Its Successes and Failures,"<br />
which Messrs. Sonuenschein will publish on May<br />
15. It will give a short descriptive sketch of the<br />
more important mechanical inventions and scien-<br />
tific discoveries of the century, and discuss the<br />
intellectual and moral failures.<br />
Sir James Ramsay, Bart., is engaged on "The<br />
Foundations of England: a History of England<br />
to the Death of Stephen," which Messrs. Sonnen-<br />
schein will publish.<br />
The child-labour in British industries is the<br />
subject of a book by Mr. Frank Hird, entitled<br />
"The Cry of the Children," which Mr. Bowden<br />
will publish.<br />
"The Progress and Prospects of Political<br />
Economy," by Professor J. K. Ingram, and<br />
"Labour Colonies," by Professor Mavor, are to<br />
be published by Messrs. Swan Sonnenschein and Co.<br />
Captain Shadwell, of the Suffolk Regiment,<br />
who acted as a special correspondent on the<br />
North-West Frontier, has written "Lockhart's<br />
Advance through Tirah." The volume will be<br />
published shortly by Messrs. Thacker. An earlier<br />
chapter in Indian history is dealt with by Mr.<br />
J. W. Sherer, whose volume, entitled " Daily Life<br />
during the Indian Mutiny," Messrs. Swan Son-<br />
nenschein will publish next month. Mr. Sherer<br />
is an old Anglo-Indian civil servant, and the<br />
author of the novel " A Princess of Islam."<br />
Among the works to be published during the<br />
spring by Mr. Henry Frowde (the Clarendon<br />
Press) is "Lectures and Essays," by the late<br />
Professor William Wallace.<br />
Messrs. Chapman and Hall are publishing<br />
"The Song of Solomon," with twelve full-page<br />
collotype plates and numerous head and tail<br />
pieces by H. Granville Fell.<br />
Mrs. Humphry ("Madge" of Truth) has<br />
written "Hints: A Book for Women and<br />
Girls," which Mr. Bowden is to publish shortly.<br />
Besides his new novel called " Robin Hood,"<br />
which Messrs. Harper Brothers are to publish, Mr.<br />
Barry Pain will be represented this season by a<br />
book entitled "Tompkins' Verses," which are<br />
contributions on topical subjects, and have been<br />
appearing in the Saturday Daily Chronicle for<br />
the last year or two.<br />
Professor William J. Knapp's Life of George<br />
Borrow, which has already been announced, will<br />
not be ready until the autumn. Mr. Murray is<br />
the publisher.<br />
Dr. Robert Wallace, M.P., who was at one time<br />
a Presbyterian divine and afterwards editor of the<br />
Scotsman, is writing his reminiscences, and has<br />
entered into an arrangement with Messrs. Bliss,<br />
Sands and Co. for the publication of the book.<br />
Mr. John A. Doyle is responsible for the<br />
"Memoir and Correspondence of Susan Ferrier,"<br />
which Mr. Murray is to publish. Susan Edmon-<br />
stone Ferrier is of course the author of " Marriage,"<br />
"The Inheritance" and other novels. Sir Walter<br />
Scott, whose friendship she enjoyed, used to be<br />
credited with the authorship of her tales. She<br />
died in her native city, Edinburgh, in 1854.<br />
A biography of W. G. Wills, poet, dramatist,<br />
and painter, by his brother, the Rev. Freeman<br />
Wills, will be published by Messrs. Longmans,<br />
Green, and Co.<br />
The correspondence of an aunt of the Queen is<br />
being edited by Mr. Philip C. Yorke, and will be<br />
published by Mr. Fisher Unwin. This aunt was<br />
the Princess Elizabeth, who became by marriage<br />
Landgravine of Hesse-Homburg; and most of the<br />
letters in the forthcoming volume were written to<br />
a lady friend, Miss Louisa Swinburne.<br />
The title of Lieutenant Peary's book on his<br />
Arctic explorations will be "Northward over the<br />
Great Ice." It will be in two volumes, and have<br />
800 illustrations.<br />
Messrs Duckworth, Henrietta-street, who will<br />
publish Mr. Wheeler's book, are a new firm, and<br />
the following are some of the books they have<br />
arranged for:—" Studies iu Biography," by Mr.<br />
Leslie Stephen; "Tom Tit Tot; or Savage Philo-<br />
sophy in "Folk-Tale," by Mr. Edward Clodd;<br />
"Cricket," by the Hon. R. H. Lyttelton; "A<br />
History of Rugby School," by W. H. D. Rouse;<br />
novels by Miss Clemence Housman, Charles<br />
Kennett Burrow, John Sinjohn, Mrs. W. K.<br />
Clifford, and Edward H. Cooper; and a volume<br />
<br />
<br />
## p. 302 (#748) ############################################<br />
<br />
THE AUTHOR.<br />
of verse bv Miss Margaret Armour, entitled " The<br />
Shadow of Love."<br />
Mr. Sidney Pickering has written a story of an<br />
educated gentleman, who seeks refuge from the<br />
conventionalities of English society by becoming<br />
a tramp of the road. The title of the book is<br />
"Wanderers," and Mr. James Bowden will pub-<br />
lish it.<br />
Messrs. Bliss, Sands, and Co. will publish<br />
"Mrs. De La Eue Smyth," by Riccardo Stephens,<br />
M.B., CM.<br />
A novel by Mr. Archer P. Crouch, "For<br />
the Rebel Cause," a tale of the Chilian civil<br />
war, is to be published by Messrs. Ward,<br />
Lock, and Co.<br />
A new story by "Alan St. Aubyn," will be<br />
published by Messrs. Chatto and Windus in a<br />
few days. The title is "Fortune's Gate." This<br />
firm also announce "The Heritage of Eve," by<br />
H. H. Spettigue.<br />
Mrs. Gertrude Atherton's new novel, "The<br />
Calif ornians"; a work by Mr. H. B. Marriott<br />
Watson, entitled " The Heart of Miranda "; and<br />
another from Mr. Le Gallienne, entitled "The<br />
Romance of Zion Chapel," are to be published<br />
by Mr. John Lane.<br />
Among forthcoming novels to be published by<br />
Messrs. Hutchinson are Mr. Douglas Sladen's<br />
"The Admiral," a romance of Nelson, for which,<br />
as a considerable part of it is laid in Naples in<br />
1798-9 at the place of Sir William and Lady<br />
Hamilton, the author has gone to Naples to<br />
verify a point; "The Millionaire," by Mr. F.<br />
Frankfort Moore; "A Bachelor Girl in London,"<br />
by Miss Q. E. Mitton; "The Renunciation of<br />
Helen," by Mr. Leader Scott; "An Angel of<br />
Pity," by Florence Marryat; "Mars," by Mrs.<br />
S. D. Barker; "Adrienne," by Rita; and "In<br />
the Shadow of the Three," by Miss B. L.<br />
Tottenham.<br />
Fiction to come from Messrs. A. D. Innes and<br />
Co. will include the following volumes:—<br />
"Children of the Mist," by Mr. Eden Phillpotts;<br />
"A Woman's Privilege," by Miss Marguerite<br />
Bryant; "The Island of Seven Shadows," by<br />
Roma White; "The Indiscretion of Lady<br />
Asenath," by Mr. Basil Thomson; and "The St.<br />
Cadix Case," by Esther Miller.<br />
"The Keepers of the People," a romance, by<br />
Mr. Edgar Jepson, will be published this month<br />
by Messrs. Pearson.<br />
Professor Hugh Walker, of St. David's College,<br />
is engaged upon a history and criticism of<br />
English literature in relation to national life,<br />
from the end of the Georgian period to the<br />
present day. The work will be published by<br />
Messrs. G. Bell and Sons.<br />
THE BOOKS OF THE MONTH.<br />
[Feb. 24 to March 23.—316 Books.]<br />
Adamson, W. Life or Rev. Jts. Morison, D.D. 7/6. Hodder and Stn.<br />
Adcock, A. St. J. The Consecration of Hetty Fleet 8/6. Skefltngton.<br />
Addison, W. I. A Boll of Graduates of the University of Ulas^.w.<br />
1727-1897. 21/- net. Macmillan.<br />
Aflalo. F. G. A Sketch of the Natural History (Vertebrates) of the<br />
British Islands. 6/- net. Blackwood.<br />
Aldan, W. L. Van. Wagoner's Ways. 2/6. Pearson.<br />
"Alien." Wheat in the Ear. 6/- llutchinson.<br />
Allcroft, A. H., and Mason, W. F. Synopsis of Grecian History to<br />
325 B.C. 2/6. Clive.<br />
Allen, Grant. The Incidental Bishop. 6/-<br />
Allies, T. W. Formation of Christendom. Vol. 4. 5/-<br />
and Oates.<br />
Anonymous ("TheGovernor"). My First Prisoner. 3/6.<br />
Anonymous (the author of "Fraternity"). Some Welsh Children.<br />
8/6. Mathews.<br />
Anonymous ("A Clergyman"). Renascent Christianity. It/ft,<br />
Putnam.<br />
Anonymous. Tom's Sweetheart. ("Family Story-teller" Series).<br />
1/6. W. Stevens.<br />
Anonymous. Season and Faith : A Reverie. 3/6. Macmillan.<br />
Anonymous. Coptic Version of New Testament in the Northern<br />
Dialect called Memphitic and Bohairic. With Introd.. Eng.<br />
translation, Ac. 42/- Frowde.<br />
Anonymous (" W. J.") Hints for Eton Masters. 1 - net. Frowde.<br />
Anonymous (" Old Cheltonian — II. H.) "Spindrift" Poems.<br />
G. Robertson and Co.<br />
Archer, A. The King's Daughter and the King's Son. 4/6. Fowler.<br />
Archer, William. The Theatrical World of 18'J7. 3,6. Scott.<br />
Argyll, Duke of. What is Science? Douglas.<br />
Arnold-Forater, H. O. Army Letters, 1889-98. 3/8. Arnold.<br />
Atberton, G. American Wives and Engli<ih Husbands. 6/- Service.<br />
Atsheler, J. A. A Soldier of Manhattan. 6/- Smith and Elder.<br />
Attenborongh. F. G. (" ChryBtabel.") Cameos, and other Poems.<br />
Reeves.<br />
Audubon, M. E. Audubon and His Journals. 80/- net Nimmo.<br />
Austin, Alfred. Songs of England. 1/- net. Macmillan.<br />
Banbury, G. A. L. On the Verge of Two Worlds. 3/6. Boxburghe.<br />
Baring-Gould, S., Marsh, B., and others. Under One CoTer.<br />
Eleven Stories. 3/6. Skefflngton.<br />
Barrett, F. WaB She Justified? 6/- Chatto.<br />
Battersby, T. P. The Souls of the Stones. 1/- Ward and Lock.<br />
Beeton, M. M. Truth about Foreign Sugar Bounties. 1/- Simpkin.<br />
Beevoir, 0. E. Diseases of the Nervous System. 10 6. Lewis.<br />
Belcher, J., and Macartney, M. E. Later Renaissance Architecture in<br />
England. Part 3. 21/- Batsford.<br />
Bell, A. M. Science of Speech, Volta Bureau, 1897. 8/- net. Wesley.<br />
Bemrose, W. Bow, Chelsea, and Derby Porcelain. 2S/- net<br />
Bemrose.<br />
Bennett, E. A. A Man from the North. 3/6. Lane.<br />
Bennett, E. A. Journalism for Women. 2/6 net. Lane.<br />
Bickerdyke, J. Her Wild Oats. 6/- Burleigh<br />
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