https://historysoa.com/files/original/5/461/1894-04-02-The-Author-4-11.pdf 898ae69057f1b73902c7c9162a26929f PDF Text Text ������������������������������ Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Author Subject The topic of the resource <em>The Author</em> Description An account of the resource A digitised run of the Society of Authors' monthly periodical, <em>The Author</em>, 1890<span>–</span>1914, made available together for the first time.<br /><br />Currently users can browse issues and <a href="https://historysoa.com/items/browse?search=&amp;advanced%5B0%5D%5Bjoiner%5D=and&amp;advanced%5B0%5D%5Belement_id%5D=51&amp;advanced%5B0%5D%5Btype%5D=is+exactly&amp;advanced%5B0%5D%5Bterms%5D=Index&amp;collection=&amp;type=&amp;tags=&amp;exhibit=&amp;date_search_term=&amp;submit_search=Search+For+Items&amp;sort_field=Dublin+Core%2CTitle">indices</a> (not available for all volumes). Full text search for all issues, and other additional search functionality, will be added in 2022. Date A point or period of time associated with an event in the lifecycle of the resource 1890–1914 Identifier An unambiguous reference to the resource within a given context The-Author-Issues Publication Date The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format) 1894-04-02 Volume 4 Issue 11 Pages Page range in volume 391–420 Ngram Date Version of the date in YYYYMMDD format for use by the Ngram plugin 18940402 Ngram Text Version of the text with no HTML formatting for use by the Ngram plugin The Huthor. (The Organ of the Incorporated Society of Authors. Monthly.) CONDUCTED BY WALTER BESANT. Vout. IV.—No. 11.] APRIL 2, 1894. [Prick SIXPENCE. For the Opinions expressed in papers that are signed or initialled the Authors alone are responsible. None of the papers or para- graphs must be taken as expressing the collective opinions of the committee unless they are officially signed by G. Herbert Thring, Sec. pee Seeretary of the Society begs to give notice that all remittances are acknowledged by return of post, and requests that all members not receiving an answer to important communications within two days will write to him without delay. All remittances should be crossed Union Bank of London, Chancery-lane, or be sent by registered letter only. Communications and letters are invited by the Editor on all subjects connected with literature, but on no other sub- jects whatever. Articles which cannot be accepted are returned if stamps for the purpose accompany the MSS. es WARNINGS AND ADVICE. @ is not generally understood that the author, as the vendor, has the absolute right of drafting the agree- ment upon whatever terms the transaction is to be carried out. Authors are strongly advised to exercise that right. Inevery other form of business, the right of drawing the agreement rests with him who sells, leases, or has the control of the property. EADERS of the Author and members of the Society are earnestly desired to make the following warnings as widely known as possible. They are based on the experience of nine years’ work by which the dangers to which literary property is especially exposed have been discovered :— 1. SeR1AL Ricurs.—In selling Serial Rights stipulate that you are selling the Serial Right for one paper at a certain time only, otherwise you may find your work serialized for years, to the detriment of your volume form. 2. Svrame yYouR AGREEMENTS. — Readers are most URGENTLY warned not to neglect stamping their agreements immediately after signature. If this precaution is neglected for two weeks, a fine of £10 must be paid before the agree- ment can be used as a legal document. In almost every case brought to the secretary the agreement, or the letter which serves for one, is forwarded without the stamp. The author may be assured that the other party to the agree- ment never neglects this simple precaution. The Society, VOL. IV. to save trouble, undertakes to get all the agreements of members stamped for them at no expense to themselves except the cost of the stamp. 3. ASCERTAIN WHAT A PROPOSED AGREEMENT GIVES TO BOTH SIDBS BEFORE SIGNING IT.—Remember that an arrangement as to a joint venture in any other kind of busi- ness whatever would be instantly refused should either party refuse to show the books or to let it be known what share he reserved for himself. 4. Lirerary AGENTS.—Be very careful. You cannot be too careful as to the person whom you appoint as your agent. Remember that you place your property almost un- reservedly in his hands. Your only safety is in consulting the Society, or some friend who has had personal experience of the agent. Do not trust advertisements alone. 5. Cost OF PropuctTion.-—Never sign any agreement of which the alleged cost of production forms an integral part, until you have proved the figures. 6. CHoIcE OF PUBLISHERS.—Never enter into any cor- respondence with publishers, especially with those who ad- vertise for MSS., who are not recommended by experienced friends or by this Society. 7. Fururs Worx.—Never, on any account whatever, bind yourself down for future work to anyone. 8. Royvaury.—Never accept any proposal of royalty until you have ascertained what the agreement, worked out on both a small and a large sale, will give to the author and what to the publisher. 9. Personau Risk.—Never accept any pecuniary risk or responsibility whatever without advice. 10. REJEctED MSS.—Never, when a MS. has been re- fused by respectable houses, pay others, whatever promises they may put forward, for the production of the work. 11. AMERICAN Ruiautrs.—Never sign away American rights. Keep them by special clause. Refuse to sign any agreement containing a clause which reserves them for the publisher, unless for a substantial consideration. If the publisher insists, take away the MS. and offer it to another. 12. CESSION oF CopyRicHT.—Never sign any paper, either agreement or receipt, which gives away copyright, without advice. 13. ADVERTISEMENTS.—Keep control over the advertise- ments, if they affect your returns, by a clause in the agree- ment. Reserve a veto. If you are yourself ignorant of the subject, make the Society your adviser. 14. Never forget that publishing is a business, like any other business, totally unconnected with philanthropy, charity, or pure love of literature. You have to do with business men. Be yourself a business man. Society’s Offices :— 4, PortuaaL Street, Lincoun’s INN FIEeups. HH2 394 HOW TO USE THE SOCIETY. 1. VERY member has a right to advice upon his K agreements, his choice of a publisher, or any dispute arising in the conduct of his business or the administration of his property. If the advice sought is such as can be given best by a solicitor, the member has a right to an opinion from the Society’s solicitors. If the case is such that Counsel’s opinion is desirable, the Com- mittee will obtain for him Counsel’s opinion. All this without any cost to the member. 2. Remember that questions connected with copyright and publisher’s agreements do not generally fall within the experience of ordinary solicitors. Therefore, do not scruple to use the Society first—our solicitors are continually engaged upon such questions for us. 3. Send to the office copies of past agreements and past accounts with the loan of the books represented. This isin order to ascertain what has been the nature of your agree- ments, and the results to author and publisher respectively sofar. The Secretary will always be glad to have any agreements, new or old, for inspection and note. The infor- mation thus obtained may prove invaluable. 4. If the examination of your previous business trans- actions by the Secretary proves unfavourable, you should take advice as to a change of publishers. 5. Before signing any agreement whatever, send the pro- posed document to the Society for examination. 6. The Society is acquainted with the methods, and—in the case of fraudulent houses—the tricks of every publish- ing firm in the country. Remember that there are certain houses which live entirely by trickery. 7. Remember always that in belonging to the Society you are fighting the battles of other writers, even if you are reaping no benefit to yourself, and that you are advancing the best interests of literature in promoting the indepen- dence of the writer. 8. Send to the Editor of the Awthor notes of everything important to literature that you may hear or meet with. es THE AUTHORS’ SYNDICATE. EMBERS are informed : 1. That the Authors’ Syndicate takes charge of the business of members of the Society. With, when necessary, the assistance of the legal advisers of the Syndi- cate, it concludes agreements, collects royalties, examines and passes accounts, and generally relieves members of the trouble of managing business details. 2. That the expenses of the Authors’ Syndicate are defrayed solely out of the commission charged on rights placed through its intervention. Notice is, however, hereby given that in all cases where there is no current account, a vooking fee is charged to cover postage and porterage. 3. That the Authors’ Syndicate works for none but those members of the Society whose work possesses a market value. - 4. That the Syndicate can only undertake any negotiation whatever on the distinct understanding that those negotia- tions are placed exclusively in its hands, and that all communications relating thereto are referred to it. 5. That clients can only be seen by the Editor by appoint- ment, and that, when possible, at least four days’ notice should be given. The work of the Syndicate is now so THE AUTHOR. heavy, that only a limited number of interviews can be arranged. 6. That every attempt is made to deal with the corre- spondence promptly, but that owing to the enormous number of letters received, some delay is inevitable. That stamps should, in all cases, be sent to defray postage. 7. That the Authors’ Syndicate does not invite MSS. without previous correspondence, and does not hold itself responsible for MSS. forwarded without notice. It is announced that, by way of a new departure, the Syndicate has undertaken arrangements for lectures by some of the leading members of the Society; that a “Transfer Department,” for the sale and purchase of journals and periodicals, has been opened ; and that a “Register of Wants and Wanted” has been opened. Members anxious to obtain literary or artistic work are invited to communicate with the Manager. There is an Honorary Advisory Committee, whose services will be called upon in any case of dispute or difficulty. It is perhaps necessary to state that the members of the Advisory Committee have no pecuniary interest whatever in the Syndicate. NOTICES. HE Editor of the Author begs to remind members of the Society that, although the paper is sent to them free of charge, the cost of producing it would be a very heavy charge on the resources of the Society if a great many members did not forward to the Secretary the modest 6s. 6d. subscription for the year. The Editor is always glad to receive short papers and communications on all subjects connected with literature from members and others. Nothing can do more good to the Society than to make the Author complete, attractive, and interesting. Will those who are willing to aid in this work send their names and the special subjects on which they are willing to write ? Communications for the Author should reach the Editor not later than the 21st of each month. All persons engaged in literary work of any kind, whether members of the Society or not, are invited to communicate to the Editor any points connected with their work which it would be advisable in the general interest to publish. Members and others who wish their MSS. read are requested not to send them to the Office without previously communicating with the Secretary. The utmost practicable despatch is aimed at, and MSS. are read in the order in which they are received. It must also be distinctly under- stood that the Society does not, under any circumstances, undertake the publication of MSS. The Authors’ Club is now open in its new premises, at 3, Whitehall-court, Charing Cross. Address the Secretary for information, rules of admission, &c. Will members take the trouble to ascertain whether they have paid their subscriptions for the year? If they will do this, and remit the amount, if still unpaid, or a banker’s order, it will greatly assist the Secretary, and save him the trouble of sending out a reminder. Members are most earnestly entreated to attend to the warning numbered (7). It is a most foolish and a most disastrous thing to bind yourself to anyone for a term of years. Let them ask themselves if they would give a solicitor the collection of their rents for five years to come, whatever his conduct, whether he was honest or dishonest? Of course they would not. Why then hesitate for a moment when they are asked to sign themselves into literary bondage for three or five years ?  ch uD Kt THE AUTHOR. 393 Those who possess the “Cost of Production” are requested to note that the cost of binding has advanced 15 per cent. This means, for those who do not like the trouble of “doing sums,” the addition of three shillings in the pound on this head. In other words, if the cost of binding is set down in our book at eight pounds, to this must now be added twenty-four shillings more, so that it now stands at £9 4s. The figures in our book are as near the exact truth as can be procured; but a printer’s, or a binder’s, bill is so elastic a thing that nothing more exact can be arrived at. Some remarks have been made upon the amount charged in the “ Cost of Production” for advertising. Of course, we have not included any sums which may be charged for inserting advertisements in the publisher’s own magazines, or in other magazines by exchange. As agreements too often go, there is nothing to prevent the publisher from sweeping the whole profits of a book into his own pocket, by inserting any number of advertisements in his own magazines, and by exchanging with others. Some there are who call this a form of fraud; it is not known what those who practise this method of swelling their own profits call it. pec GENERAL MEETING. GENERAL MEETING of the Society of Authors was held at the rooms of the Royal Medical and Chirurgical Society, 20, Hanover-square, W., on Monday, the i1gth day of March, 1894, at 5 o’clock. Sir Frederick Pollock, Bart., took the chair, and was supported by the following members of the Council: Mr. Walter Besant, Mr. J. M. Lely, Mr. Lewis Morris, and Mr. J. J. Stevenson. The report and balance-sheet for the past year were laid before the meeting. Sir Frederick Pollock stated that as the report had been sent to all the members, he thought those present might take itas read. If, however, anyone objected to this course of proceeding the secretary would read it. As no member present dissented from the course proposed, Sir Frederick Pollock then commented on the report and the prosperous position of the Society. The Society was in a solvent and flourishing condition, and since the commence- ment of the present year there had been a further increase of about eighty new members. He then referred to the fact that the Society had been in a manner endowed by a member lately deceased, who had appointed the Society his literary executor, and had left an ample sum of money to cover all expenses that might be in- curred, which would leave a fair balance in hand. At the present time he would not mention the name of the gentleman, as the legacy had been so recently left that the question as to the publi- cation of the MSS. and the other business which it might be necessary for the Society to under- take could not yet be settled; no doubt, how- ever, at the dinner of the Society, which would take place in the late spring, the testator’s name might be revealed, and further particulars disclosed. He further mentioned to the meeting that the publication of the Author, which was a most useful part of the Society’s business, was of course a large tax on the resources of the Society, and although it was sent gratis to all members, he thought it was the duty of those members to support it who were in a position to do so. The report was then unanimously approved. A member of the Society then rose and made a suggestion that the list of members of the Society should be published. Sir Frederick Pollock, in answer, informed the meeting that the matter had been carefully considered by the com- mittee, and at the present time, for various reasons which he mentioned, among which were the confidential position of the secretary to the members, resembling that of a solicitor to clients, and the fact that no material advantage would be gained by such publication, it had been unani- mously decided by the committee that the list should not be published. However, the com- mittee would be willing to consider any proposi- tion which was backed by a considerable majority of the members of the Society, and no doubt the Editor of the Author would be willing to place a paragraph in that journal asking for opinions. At the same time, he thought that if any con- siderable minority of the members had a decided objection to the list being published, their wishes should be respected. The sense of the meeting seemed to beagainst publication, but the Chair- man thought it would not be proper to take a vote, except ina fuller meeting and after notice. After some further discussion, Mr. Besant stated that he would place a notice in the Author inviting opinions. Mr. F. W. Rose proposed a vote of thanks to the chairman, which was seconded by the Rev. Dr. Samuel Kinns, and carried unanimously. The proceedings then terminated. te THE REPORT FOR 1893. HE Report for last year is now in the hands Lr of members. It is to be hoped that it will be regarded as eminently satisfactory. The income for the year shows an increase of £153. There are about 200 members more than were on the roll a year ago, the number now being over 1200. Let us note that it is impossible ever to give the exact number of members; we could give the number on the books, but there is a certain percentage in every society of members who drop off every year. Thus the number on the books at the end of the year was probably 394 THE AUTHOR. about 1250. Since the beginning of the year 85 new names have been received. The special cases, 7.e., not such cases as are settled by a word of advice or a letter, but cases involving trouble and solicitors’ work, amounted in the year to 100. Thirty-six of these cases in- volved the recovery of money due and unlawfully withheld. Twenty-nine cases were successful, and, of the remainder, one failed because the member was unwilling to prosecute, and the other because the opponent had no money. The case of secret profits prepared by the Society’s solicitors and submitted to counsel, viz., Mr. H. H. Cozens-Hardy, Q.C. and Mr. James Rolt, will be found at length on pp. 394-398. Members are invited to give it their most serious consideration. All those who have profit-sharing agreements are interested, and should examine their accounts with the greatest care under the light of this important opinion. De LITERARY PROPERTY. T.—Secret Prorits. I, CASE FOR COUNSEL. HE Incorporated Society of Authors desires to be advised as to the legal position of authors under a certain well-known form of publishing agreement, known as the share- profit system, in reference to the charges made by publishers and otherwise, particularly as tested by the manner in which the courts would deal with charges in the publishers’ accounts if they were being taken by the court. A case which raises the point on which counsel’s opinion is sought is as follows : An author, A. B., enters into an agreement with publishers, C. D. and Co., in the following terms :— Copy of Agreement. Memorandum of agreement made this day of between A. B. of the one part and C. D. and Co. of the other art. . It is agreed that the said C. D. and Co. shall publish, at their own risk and expense—(title of work); the exclusive right of printing and publishing which shall be vested in the said C. D. and Co., subject to the following conditions, viz., that after deducting from the produce of the sale thereof all the expenses of printing, paper, binding, advertising, discounts to the trade, and other incidental expenses, the profits remaining of every edition that may be printed of the work during the term of legal copyright are to be divided into equal two parts, one part to be paid to the said A. B. and the other to belong to the said C. D. and Co. The books to be accounted for at the trade sale price, 25 as 24, unless it be thought advisable to dispose of copies, or of the remainder, at a lower price, which is left to the discretion of the said publisher. Accounts to be made up annually to Midsummer, delivered on or before Oct. Ist, and settled by cash in the ensuing January. Some time subsequent to the publication of the book an account in the following terms was sent to the author :-— PUBLISHER'S ACCOUNT. As rendered to the Author. 2 2a Composition (17 sheets at £1 10s.) ue 25 10-8 Printing (Cs i: 128.) 3, 2 5 100 4 Paper cC yy SL O08.) OL sO Moulding Be a a ee Stereotyping 3: G06. a ee Binding (at £2 5s.per 100 copies) ... ... ... 22 10 O Advertising ae as iyo ae CAI 106 Corrections 44.0. ee oe Paper Wrappers 3. 4 113 0 Postage... 6. Se a a £136 16 10 Proceeds of sale of g50 copies at ge. Od. ce IO 5 Incidental expenses (5 per cent. dedutted)o0 3. ee 8 6. 3 ——_— “sy 136 16 10 £21 1 it Alleged half profits ... £10 10 II Which shows that after the sale of the whole of an edition of 1000 copies, profits to the extent of £10 10s. 11d. were credited by the publishers to the author as his half share. Upon a close investigation of the account, it was discovered that on all the cost of production, 7.e., com- position, printing, paper, moulding, stereotyping, and binding, the publishers bad added to the actual cost 10 per cent. on each item. This addition had been made secretly, and the author was not in any way informed of what had taken place. The following amended account shows the actual amounts of charges invoiced to the pub- lishers by their printer, paper-maker, binder, and advertising agent in respect to the items before referred to :— Reau Cost oF PRODUCTION. Boe Composition (17 sheets at £1 7s.) (30 ha et 8 Printing (2 4 108. Od) Se eRe 6 Paper ( 0 A reece sheet), 8 ik GO Moulding ( 4, ., 58. Sheet) ae ee Stereotyping( ,, ;, 98. sheet) oy oe eg As Ce Binding at sd. per volume... ... ... .. «=. 2016 8 Advertisitig: 1.0 ose a ee Corrections =. ee a Paper Wrappers (0 4... 3. ks Postage, &0s 0 a a 16 0 £105 4 10 Proceeds of sale of 950 copies at an average of 48, 6d, 8 COPY i Ge ok a OS Less the cost ... ... 105 4 10 Profit... 20552 2 Ol. 02 Actual half profits to author on this account ... 30 10 I With regard to the item of advertisements, it was further found that the publishers, being only aed  THE AUTHOR. 395 able to show vouchers to the amount of £20, the rest of the sum charged was made up of charges for advertisements in the publisher’s own maga- zines, for which, of course, he paid nothing, and “exchanges” with other magazines, #.e., adver- tisements in magazines for which the publishers pay nothing, they in their turn inserting gratis in their own magazines similar advertisements for the publishers of the other magazines. It is suggested that the charge for incidental expenses was inde- fensible. The result is that the author was entitled to £30 10s. 1d., but the publishers proposed to give only £10 tos. 11d. Nature of relationship between parties to agreement.—Dealing now with several points that arise on this case :— (1.) The above agreement is what is commonly known as a share-profit agreement, and it is sub- stantially, though there may be minor points of difference, what is offered by all publishers as a share-profit agreement, the share being usually, as here, one half. As to the general position of the parties under such an agreement, it is submitted that although the author is not able to be sued by any outsider in case of default of the publisher, the agreement amounts to a partnership agreement, or joint adventure in the nature of partnership gua the book concerned; or if not to an agreement for partnership or joint adventure, then to an agree- ment making the publisher trustee for the returns due to the author, and, therefore, unable to make any profit out of his trust other than such, if any, as he has expressly stipulated for, and the half share of profits. (IL.) Duty of the publisher to account.—The author in the above agreement cedes to the pub- lishers the exclusive right of printing and pub- lishing the book during the legal term of copy- right, and such is the effect of most share- profit agreements. The consideration for this is the publishers paying to the author half profits, z.e., half of the net proceeds of sale of copies after expenses of the publishers have been deducted. It is presumed that whatever be the precise legal relationship of author and publisher under such an agreement as above, the pub- lishers are bound to account fully and exactly to the author, and this appears to involve, as of right, without any express provision in the agreement, (a) production of vouchers for all expenses charged by the publishers, and (6) pro- duction of such books as are usually kept by publishers recording sales; also all records of books received, and the stock in hand, in order to. enable the author to check the number of books accounted for as sold. On this point it is believed some publishers would contend that their word is to be accepted as absolute as to number of sales in such cases, but this, it is submitted, is wrong, and that the author has the above right of examining the publishers’ books. As regards the vouchers, the production of these seem to be essential. If they are produced they would reveal such a transaction as that disclosed in the before-mentioned accounts with- out the necessity of instituting independent inquiries of printers, binders, &c., from whom it might be difficult for an author to obtain infor- mation. (II1.) Right of publisher to charge more than actual expenses—Several questions arise on the accounts above set out as to the publishers’ dis- bursements; and first, there is the addition of 10 per cent. to the actual prices charged him for the several items of work done—printing, binding, &c. It issubmitted that this is equally indefen- sible, whether (a) the publisher discloses to the author that he has charged at a higher rate than he himself is charged, there being nothing in the agreement providing for his charging what he likes; or (0) as in the above instance, he conceals this, and so makes a secret profit. The matter appears to be analogous to the transactions which were held to be indefensible in Williamson v. Barbour (9 Ch. Div. 529). : The defence of the publishers would probably rest on “custom of trade;” an open and well recognised usage the publisher could not prove, and an infrequent or secret practice it is believed would not constitute a custom. This matter was discussed in a recent case of Rideal v. Kegan Paul & Co., but this was only before the Registrar of the City of London Court. In that case the agreement, a half-profit one, proved that in the accounts “the work shall be debited with all expenses of every kind of or incidental to the publication of each edition of the work, including Mr. George Redway’s charges for printing, plates, illustrations, stereotyping, paper, binding, and advertising.” Mr. Redway charged more for these things than prices invoiced to him, and the Registrar held he could not do so. (1V.) Whether publisher's conduct fraudulent. —Would the court regard the conduct of a pub- lisher who made a secret profit in the manner before stated as fraudulent, so that, e.g., he would be ordered to pay the costs of an action for account if such a fact was brought to light in it? (V.) Discounts——There is another question which is often mixed up with the question under head No. III., but which is really quite a distinct matter, and apparently more difficult of decision,  396 THE AUTHOR. that is the question of discounts which a publisher gets allowed him from the printers, binders, paper-makers, &c., he deals with. It is customary for a publisher to obtain six months’ credit from a printer. If he pays cash he receives certain discounts. If these discounts are to go into his own pocket, what is there to prevent him from arranging with the printer for a bill off which he is to receive heavy discounts in order to bring the actual cost to the publisher down to ordinary prices, but seriously affecting the state of accounts between author and pub- lisher? It is submitted that any advantages obtained for the quasi partnership by cash pay- ments should be credited tothe book. Counsel is referred to the accompanying print of article, “Some Considerations of Publishing,’ by Sir Frederick Pollock, in which this point is fully discussed. (VL.) Right to charge for advertisements not actually paid for.—A very important point, which is also dealt with in Sir F. Pollock’s paper, and which is of daily occurrence on publishers’ accounts, is as to the charge for advertisements. As seen in the before-mentioned instance, pub- lishers charge what they call scale prices (being the prices they would charge to outside persons, such as makers of soaps, pills, &c.), for (a) Advertisements inserted in their own magazines, including their own trade lists of books. And (6) advertisements inserted by exchange without payment in other publishers’ magazines. In neither case does the publisher pay directly or indirectly anything more than the cost of printing and paper for the pages of advertise- ments, and possibly a mere trifle extra for carriage and binding. It is submitted that beyond these small payments the publisher ought not to charge the author anything in respect of such advertisements. It will no doubt be contended by the pub- lishers who do make these charges, that if they did not insert these book advertisements they would be able to advertise so many more soaps and pills; but even if this were the fact (which it probably is not), it is submitted that it forms no legal justification. A strong case exemplifying the evils cf this system occurred as follows :— A clergyman named A. gathered many notes about his church, intending to write a history about it. Pressure of other work made it difficult for him to digest and write out his notes, and after some delay he handed everything over to B., who wrote the book out. B. then haying full powers, he went to C., a publisher. He said to C., ‘we want this handsomely printed and bound, We ask no remuneration. I[t can never havea very large sale. We therefore ask you to take it off our hands completely, only reserving the right to take as many copies as A. requires at cost price.” This proposal was willingly accepted. B, went away for his health, having told A. all about the (verbal) agreement into which he had entered, and explained in particular that under no circum- stances was A. to be called upon or to make any money payment. As soon as his back was turned, C. sent A. a bill for £30 for advertising. It so happened that among C.’s clerks was a young man who was connected with A.’s church, where he had been educated. This clerk, seeing A. by chance in C.’s anteroom waiting for an audience, conferred with him on the subject, having only time to say ‘‘ Do not pay anything without seeing the vouchers.” A. took this advice. C. showed him vouchers for £3 4s., which A. paid under protest. C. promptly cashiered the clerk who had given A. the advice. When B. came home and heard the story, he went to C. and said, “You must at once return the £3 4s. to A. with an apology, as you know perfectly well he owed you neither £30 nor £3.” But this C. would not do. If the publisher is justified in charging for either of the above-mentioned kinds of advertise- ments, the matter must be further considered from other points of view. Counsel will observe what a large door is opened to fraud if the sight of charging for advertise- ments which cost nothing or next to nothing be conceded to a publisher. There is nothing to prevent him from putting the whole profits of a book in his own pocket’ by largely advertising in his own magazine or by exchanges. Further, it has been found by long experience that a book will only “stand” a certain amount of advertising, ¢.e., there is a point at which further expenditure does not advance sales, and is only money wasted; also, in the opinion of many experts, the advertising of books in magazines is of very little use (because most of the English magazines have a very limited circulation) compared with their advertisement in the great daily papers. (VIL.) Moulding and stereotyping. — The accounts above set out contain a charge for moulding, which is rightly charged to the first edition of a book of more than ephemeral interest, because the moulds are taken in case a new edition should be called for. But the stereo- typing need not be executed, and seldom is, until the second edition is wanted. If a pub- 4 lisher charges stereotyping when it is not done, this no doubt will be indefensible. If it is done  THE AUTHOR. unnecessarily, can he be made to bear the amount himself ? (VIII.) Right to deduct a charge for incidental expenses.—It will be seen in the above accounts that the publishers have charged “paper wrappers ” and “ postage,’ presumably for send- ing copies of the book for review, and have de- ducted 5 per cent. from the proceeds of sale for “incidental expenses;” and publishers justify such a charge by saying that it is to cover the book’s share of their general office expenses (rent, wages, &c.). This seems clearly indefensible ; the publisher gets half the profits for (1) his risk of loss if there is any 1isk—very few publishers do, in fact, run risks through the book not paying expenses—this falls entirely on the publisher; and (2) his position in the publishing trade, for which his offices, his clerks, travellers, &c., are a sine qud non. The questions on which counsel is asked to advise are as follows: 1. What is the exact relationship between the parties to a share-profit agreement ; is it one of partnership, or rather joint adven- ture, or of trusteeship, or what ? . In any view of the relationship, ought not the publisher to render fullaccounts, and to give full opportunity of checking them by production of vouchers and books as mentioned above ? 3. Isthe publisher entitled, under a share-profit agreement, to charge expenses at a higher rate than he himself makes; whether this is disclosed to the author after the con- tract, or is a secret profit made by the publisher ? 4. If the answer to the last question is in the negative, would not the existence of such charges, when proved to the court, be a sufficient case for reopening a_ settled account which contained charges embody- ing such profits P 5. Is the publisher under a share-profit agree- ment entitled to charge the author the full amounts of invoices to him for expenses of the book when he himself only pays such amounts less discounts ? 6. Has the publisher the right under a share- profit agreement to charge for advertise- ments (a@) inserted in his own magazines or trade lists, and (0) inserted in other publishers’ magazines by exchange with- out payment ? 7. Can the publisher under a share-profit agree- ment charge stereotyping against the first edition where it is not done ? 8. Has the publisher under an ordinary share- profit agreement, in the absence of ex- VOL. Iv. nN 397 press stipulation, the right to deduct a percentage on books sold for “incidental expenses ? ” II. COUNSEL'S OPINION. 1. In our opinion, an agreement such as that set out in the above case creates between the par- ties to it a joint adventure, involving some (but not all) of the incidents of partnership, and con- stitutes a fiduciary relation on the part of the publisher towards the author. 2. Under such anagreement the publisher is, in our opinion, bound, in anv view of the relationship of the parties, to render proper accounts and to produce all books and documents necessary for the proper vouching of the items of such accounts. 3. Under such an agreement the publisher is, in our opinion, only entitled to deduct from the pro- ceeds of sale the actual expenses of printing, paper, &c., and he cannot therefore charge such expenses at a higher rate than he actually pays. It would not, in our opinion, make any difference in this respect whether the publisher, after the execution of the agreement, informed the author that he intended to charge, or had in fact charged, the expenses at such higher rate (unless there were additional circumstances which might evi- dence a waiver or abandonment of rights on the part of the author) or kept the matter secret. 4. If the existence of such charges as those mentioned in.the last question were satisfactorily proved, it would, in our opinion, be a sufficient ground for reopening the account in which such charges were contained, even though such account had been settled and approved by the author, assuming, of course, that the account had been so approved by him in ignorance of its containing such charges. 5. This question is one of some difficulty, but, in our opinion, the publisher, under such an agreement, is only entitled to charge for what he actually pays, and therefore cannot charge the full amount of the invoice where he obtains a discount. 6. The publisher is, in our opmion, only entitled under such an agreement to charge the actual cost of advertisements, whether inserted in his own magazines or trade lists, or those of other publishers. He cannot charge against theauthor the sum which a stranger would have paid for the insertion of such an advertisement. The actual cost in case (6) would in effect appear to be the actual cost to him of inserting in his own maga- zine an advertisement in exchange for the adver- tisement of the work in question in another publisher’s magazine. 7. The publisher is not, in our opinion, entitled to charge for work which hus not in fact been done. II 398 8. The term “incidental expenses” in the above-mentioned agreement is extremely vague and unsatisfactory, but, m our opinion, it includes those expenses which, or a portion of which, are incidental to the particular book referred to in the agreement, and does not includea share of estab- lishment charges generally. Unless, however, the charge for incidental expenses could be shown to be excessive or improper, the publisher would not, in our opinion, be called upon to furnish a detailed account of the items of whichit was made up, and the fact that the amount of such inci- dental expenses was arrived at by taking a percentage on the returns would not, in our opinion, of itself render the charge improper. Hersert H. Cozens-Harpy. _ J. Rot. Lincoln’s Inn, Dec. 9, 1893. II.—Coryricut or TRansiatTions oF Tousrot. The following letter appeared in the Times of March 9, 1894 :— Srr,—As the question of the rights of the publication and translation of one of Tolstoi's novels has recently been before the public, and as the matter is one of great interest to all persons connected with literature, the Society of Authors submitted the following questions to Mr. Blake Odgers, Q.C. :— “With reference to the general view, ‘7, Whether publication of an original Russian work in England prior to publication in Russia, with the leave of the author, gives copyright to the publisher in the said original work? “2, Whether, if so published, it gives to the publisher under the Berne Convention the right of assigning the property in the translation of the said work? «3, Whether it is possible to secure any kind of copyright for the original or translation of a Russian work in England ? “With reference to the particular case, “4, Whether, where a Russian author avowedly disclaims any exclusive right in the publication of his works, it is possible to obtain copyright in any such work by prior publication in England or otherwise ? “5, Whether it is possible to obtain the ex- clusive right of translation of such a work under the same circumstances ? ” Mr. Blake Odgers’s opinion in answer to the above questions is as follows :— «4, Blm-court, Temple, E.C., March 2, 1894. “3. If a foreign author published in England an original work which has not previously been published elsewhere, he can now acquire English copyright therein in precisely the same way as if THE AUTHOR. he were a British subject. The language in which the book is written is immaterial, and so is the nationality of the author. Again, if the executor, administrator, or assign of a foreign author pub- lishes the book under similar circumstances he would also acquire English copyright. It was formerly considered necessary that the author should be temporarily resident somewhere in the British dominions at the date of publication. But since the Aliens Act of 1870 this is, m my opinion, no longer requisite. The subsequent production of the same book in the native country of the author would not affect rights already acquired in England. “But although a foreign author, or the executor, administrator, or assign of a foreign author, may thus acquire an English copyright in a book written in a foreign language, still he would not, in my opinion, acquire thereby any right to restrain or prohibit the publication in England of a translation of that book. Copy- right means ‘ the sole and exclusive liberty of printing or otherwise multiplying copies of any’ composition, and a translation is not a copy, but a new production upon which ‘the translator has bestowed his care and pains.’ Moreover, the original and the translation are intended for diffe- rent classes of readers. The publication of the translation will not sensibly diminish the sale of the original, and is, therefore, I think, no infringe- ment of the copyright. I cannot say that the English law is clear on this point, but that ap- pears to me to be the better opinion. I note that Mr. Copinger takes the opposite view (3rd edition, page 238). The International Copyright Acts and the Berne Convention throw no light on the point, as they contain no provision applicable to the publication in the United Kingdom of a translation of any book originally published im England; nor (in the absence of any treaty between England and Russia) of any book origi nally published in Russia. “Tf Lam right, it follows that any number of persons may publish in the United Kingdom independent translations of any book first pub- lished in England or in Russia without the leave of the author or other owner of the copyright in the original. Each such translator can acquire copyright in his own translation, and will then be entitled to restrain any subsequent translator from copying it or making any unfair use of the results of his labour. But he cannot prevent any- one else from undertaking similar labour. The law does not, in my opinion, recognise the existence in England of any ‘authorised translation’ of a book which was first published here or in Russia. “1, So far I have dealt only with cases in which a book in a foreign language, hitherto unpub-  THE AUTHOR. lished, is published in England by the author or by his executor, administrator, or assign. And by an ‘assign’ I mean some one to whom the anthor has consciously and intentionally trans- ferred some interest in the copyright in that book. Tf a man who is neither the author, nor his executor, administrator, or assign, publishes such a work in England he will acquire no copyright whatever therein, even though the author knew » of and consented to such publication: (Clementi as and others v. Walker, 2 B. & C. 861.) And it J) clearly follows that such a publisher will have no » exclusive right to translate that work or to pub- “| lish a translation of it in the United Kingdom. “2, Had the original work been first produced ' im one of the foreign countries of the Copyright J Union, a publisher who was neither the author nor a ‘person claiming through the author,’ ' might possibly acquire the right to forbid un- authorised translations under section 2 of the Act of 1886 and section 3 of the Order in Council dated November 28, 1887. But neither section confers any such right in the case of a book first published in the United Kingdom or in Russia. “4.5. If a Russian author avowedly disclaimed » all exclusive right in the publication of his works, | knowing that he had such rights and intending ' to divest himself thereof, then his works would become publict juris, and it would be impossible for anyone else to acquire copyright in any such »~ work by prior publication in England, or to lo obtain any exclusive right of translation. The 4 ‘Berne Convention, while giving to ‘authorised 7 translations’ the same protection as original works, expressly provides that ‘it is understood that in the case of a work for which the trans- lating right has fallen into the public domain, the translator cannot oppose the translation of the same work by other writers.’ At the same time I do not suppose that Count Tolstoi has consciously disclaimed any such right. By the law of Russia an author has no power to prevent anyone else from publishing a translation of his vy work, except in the case of a scientific work “© imvolving original research; and it has perhaps *@ never occurred to the Count that the law may be ‘| different in other European States. “W. Brake OpcErs.” The statement by Count Tolstoi, published in ‘7 this morning’s papers, appears to confirm the “8 assumptions of fact on which the case and ‘0 opinions proceeded. I am, Sir, yours, &c., F. Pottocr, Chairman of Committee of Management. The Society of Authors (Incorporated), 4, Portugal-street, Lincoln’s-inn-fields, W.C., March 8. VOL. Iv. 399 II.—Resvutr or THE BERNE CONFERENCE. Vouga v. The Artistic Printing Union. This was an action, based upon the International Copyright Act, for infrmgement of copyright. The defendants pleaded a defence denying the plaintiffs copyright and also the infringement, but did not appear at the trial to defend the action. Mr. Willis Chitty (Mr, Pollock with him), for the plaintiffs, said the plaintiff was a Mme. Vouga, who traded as HE. Vouga and Co. For some time she had produced works of art which were largely sold to art schools, and were con- tained in a book called “ An Illustrated Catalogue of Fine Art Studies.” The plaintiff had regis- tered the copyright in her works of art in Switzer- land. By Article 2 of the Berne Convention authors of any of the countries of the union, or their lawful representatives, enjoyed in the other countries for their works the rights which the respective laws granted to natives. The enjoy- ment of those rights was subject to the accom- plishment of the conditions and formalities prescribed by law in the country of origin of the work, and did not exceed in the other countries the term of protection accorded in the country of origin. The defendants bought some of the plaintiffs pictures, sent them over to Germany to get copied and made up into fire-screens, which were sold for 1s., whereas Mme Vouga’s cost 7s. 6d. He would read the defendants’ answers to interrogatories, which showed that the defen- dants had published 42,000 copies. Mme. Vouga was called, and said she painted the original designs, which were published in Switzerland. She had copyright in her works of art in Switzerland. Mr. Chitty said he asked for an injunction on account of all copies illegally dealt with, and damages or penalties, the penalty imposed by the Act (25 & 26 Vict. c. 68, s. 7) being £10 for each infringement, Mr. Justice WILLs gave judgment in the terms prayed for, and for £1000 damages in lieu of penalties. Execution to issue for £200 and costs, with leave to apply.— Times. IV.—A New Dancer. The following letter appears in the Atheneum of March 24 : A New Dancer For AUTHORS. As my attention has just been called to the fact that a little one-volume story is now being advertised for sale under the same title as that of one of my best-known novels (“ Victims,” published in three volumes by Messrs. Hurst and Blackett, after having run as a serial through All the Year Round, and still in constant circulation), I shall feel greatly obliged if you will allow me, through the valued medium of your columns, to warn the reading public that the volume in question is not, as they might readily suppose, 112 400 a cheap edition of my novel; nor am I inany way connected with it, except in the character of the “ Victim,’ my title having simply been sold for the use to which it has been put by the parties into whose hands the copyright has un- fortunately fallen, without my knowledge or consent, and naturally to my great detriment and annoyance. Trans- actions of this sort, by reason of their very rarity, are not at present attended with any legal penalty. If they become common,. however, they will constitute a new danger for all authors who part with their copyrights, as well as a fraud on the public, who, expecting to buy a cheap copy of some favourite book, find themselves in possession of a work by an unknown writer, in whom, perhaps, they take no interest. I trust, therefore, that by giving publicity to the case in question you may be the means of saving some at least of my fellow writers, and the readers who appreciate them, from the risk of being ‘‘ victimized’ in similar fashion. THEO. GIFT. It is not quite apparent from the letter what has happened. In fact, the letter is anadmirable illustration of tte loose and airy manner in which authors too often express their grievances. We want to know, before the expression of any opinion is possible, (1) when Miss Theo. Gift’s book called “ Victims ” appeared in volume form ; (2) what rights she parted with, whether to Messrs. Hurst and Black-tt, or to anyone else ; (3) whether it has gone into a cheap edition; (4) if not, what she means by saying that it is in constant demand, for the circulation of a three- volume novel cannot be said to last for more than a year as a rule; (5) what is meant by the copyright having fallen into the hands of “ parties without my consent or knowlege?” For if an author sells his copyright to A. or to B., he most certainly sells the power, which A. or B. acquires, of dealing with it as he pleases. Whether he sells the power of dealing separately with the title, ¢.e., of selling the title apart from the work, is a point which can only be dealt with after reading all the agreements in the ease. The point would seem to be whether a title is an inseparable part of the work or not. But the papers and correspondence in the case must first be read. No one would care to bring out a book called “Vanity Fair,’ or “ David Copperfield,” or “‘ Macaulay’s History of England.” On the other hand, if a publisher did not propose to bring out a cheap edition of a three-volume novel of which he held the copyright, seeing that without a cheap or new edition every three-volume novel must infallibly die or become scarce, why sbould he not grant or sell the right to use its title? Without further information one cannot understand the injury done to “Theo. Gift,” or the true nature of her complaint. If “Theo. Gift”? wants advice upon her case, let her send to the Secretary full parti- culars, with all the correspondence, agreements, and accounts, and she shall have a legal opinion from competent persons in her case for nothing. THE AUTHOR. V.—An AGREEMENT. The following were the terms of an agreement recently offered to an author: 1. Kind of Book—A boy’s book; likely to have a large sale; in length, 40,000 words; proposed price, half-a-crown; to be illustrated, as boys’ books commonly are, by half a dozen drawings “ processed.” 2. Terms Proposed.—The author to advance £30 towards expense of production. After the sale of 500 copies, the author to be repaid £15 of his advance. After the sale of the next 500 copies, the author to be repaid the rest of his advance. After the sale of 1500 copies, the author to receive a royalty of twopence in the shilling. In other words, the author was to take half the risk, and to receive nothing for the first 1500 copies. Let us now work this out. We take the figures given in the ‘“‘ Cost of Pro- duction,’ p. 59. The book would make 1131 pages, or, with the illustrations, say, 128 pages, z.e,, eight sheets. (1) Cost of Production. £8 @ Composition, 8 sheets, at £1 4s. psheet 4 9 12 O° Printing, at £1 a sheet ......... 8 oF Paper, at 16s. a sheet ............ 19 4 0 Moulding, at 5s.asheet ...... 2.60 9 * Binding, at 43d. a copy ...... 56 5 36 Advertising (say) «.............. 15 0 0 Illustrations (say) ............... 15 0 @ 124 £ 6 (2) Trade Price——Generally ts. 6d. on a 2s. 6d. book. (3) Author’s Returns : a. After 500 copies, loss of £15. B. After 1000 copies, neither loss nor gain, y. After 1500 copies, neither loss nor gain. 6. After 3000 copies, £31 5s. (4) Publisher’s Returns: a. After 500 copies : s. d. £ 6a Oost 124 1 0 Repaid author 15 0 oO ——139 1 Oo / & 58. d, Advanced by author ...... 30. 6 0 By sales ...... 87 10. @ 088 wi IL. 0 —— 139 1 0 * The cost of binding has advanced since the printing of the last edition of the *‘ Cost of Production.”  THE 8. After the next 500 copies. = Ss. dd: Loss carried down... phage axe. Repaid author 15 0 oO ——— 8611 0O ase. By sales ...... 37 IO 0 JHORS 6 i ie 86.11 7.0 y. After the third set of 500: ss d, Loss carried down ...... 491.0 40,5 10 Ss. od. By sales ...... 87 10 0 FOSS 2 2 3 li, th 0 49 1.0 6. After the next 1500 copies : & sd. Losscarried on II II 0 Paid to author 31 5 Oo iPrott 9) 69.14 ———I12 10 0 os ds By sales [i2 16 0 112 10 © So, by this pretty arrangement the publisher gets more than twice the author. But suppose the book becomes popular, and a second edition of 3000 is called for and taken up. Thus we have the following as the Cost of Production : as od Stereotyping at 8s.a sheet... 3 4 0 Printing 80 70 PAPO boa 19 4.0 Binding 56.56 Advertising 5. O20 Gl 13. 0 And the account will show as follows : Second edition of 3000 copies os ed: Cost of production g1 13 0 Author’s royalty... 62 10 0o Publisher’s profits. 70 17 0 ————225 0 0 8. d. By sales, 3000 copies ab isd. 6.2. 225° 0 © 225 0 6 So that, on the whole sale of 6000 copies the publisher, according to these figures, gets a profit of £140 11s.,and the author a profit of £93 15s. In other words, the administration of property AUTHOR. 401 producing £234 6s., gives to one partner—if they are partners—£47 more than to the other; and to the agent or administrator, £47 more for his services than it gives the producer and proprietor. ————re BOOK-TALK. VERY reader of the synthetic philosophy will be glad that Mr. Spencer has sanc- tioned the publication of a small selection of aphorisms or sentences from his numerous volumes, which have been chosen and arranged by Miss Gingell. The work consists of eleven sections, dealing with education, evolution, science, sociology, politics, justice, liberty, truth, and honesty, sympathy, happiness, self control, &c., which is a very comprehensive programme. Under education there are over thirty extracts, though all are not from Mr. Spencer’s widely- known work of that name, sentences from ‘“‘ The Social Statics,” “The Principles of Sociology,” and “The Study of Sociology,” are alsoadmitted under this head. Lovers of reading will at once search to see what part in education literature is to play, and we must not blink the fact that, except in the sense of scientific literature, it plays no part at all. Here, for instance, is one passage : Reading is seeing by proxy—is learning indirectly through another man’s faculties, instead of directly through one’s own faculties; and such is the prevailing bias, that the indirect learning is thought preferable to the direct learn- ing, and usurps the name of cultivation (p. 8). Which seems entirely to agree with what another philosopher has said on the same subject, to quote Mr. Bailey Saunders’s translation of Scho- penhauer : The artificial method (of education) is to hear what other people say,to learn to read, and so to get your head crammed full of general ideas before you have any sort of extended ‘acquaintance with the world as it is, and as you may see it for yourself. mind. Further, we shall see that letters are ranked as almost entirely ornamental, or at least are classed for their utility as far below science. Again, from “The Principles of Ethics” is given this hard saying : Nearly all are prone to mental occupations of easy kinds, or kinds which yield pleasurable excitement with small efforts; and history, biography, fiction, poetry, are in this respect more attractive to the majority than science—more attractive than that knowledge of the order of things at large which serves for guidance. Tn the face of such astatement, it seems difficult to understand how those who have tried to com- bine work and pleasure by yielding to the popular demand for romance—romantic history and biography, poetry or novels, could defend their So it is that education perverts the 402 position. On the other hand, one comes across another xphorism which, whether so intended or not, seems to justify, or might be made to justify, both the writing and the reading of all forms of romance. The last quotation under “ education ”’ 18: Whatever moral benefit can be effected by education must be effected by an education which is emotional rather than intellectual. If in place of making a child wnderstand that this thing is right, and the other wrong, you make it feel that they are so you do some good. Why should we be expected to put aside, as matter merely for amusement, poetry and its ally, romantic prose, which appeal to our feelings more than to our intellect? We should think that through them the desired emotional education could most readily be brought about. And, besides, as long as the knowledge of certain subjects—let us say especially history—has even a conventional value in social life, surely parents are justified in giving some of it to their children. The wish that these latter should not feel ignorant and awkward in such society as they will probably get does not appear to be entirely an unreasonable one. The other selections in this work are all calcu- lated to send us back to the original volumes to see the connection of the various thoughts— especially as they are so much at variance, nay, even at war, with those doctrines of socialism which, in spite of the most earnest endeavour to believe in individualism, meet us at every turn in current literature. We are bound to pass over them in order to consider a statement which is so intimately connected with much that is discussed each month in our pages. From “ Social Statics ” is given the following: That a man’s right to the produce of his brain is equally valid with his right to the produce of his hands is a fact which has yet obtained but very imperfect recognition. Recognition of the right of property in ideas is only less important than the recognition of the right of property in goods. We learn from the valuable list placed at the end of the book that 1850 is the date of the publication of “Social Statics.”” We may say that since that date the right of property in ideas has been freely discussed, and, whether more gene- rally accepted or not, is certainly very tenaciously held by those who hold it at all. Unfortunately, there are those who seem to think that these “rights” are created by statute, and they are tempted to condemn individualistic methods of asserting them. Take, for instance, Count Tolstoi’s recent method of publication. Accord- ing to the Daily Chronicle, he refused to derive any pecuniary benefit from his latest work “The Kingdom of Heaven is Within You.’ The compe- tition for its publication by rival firms here was THE AUTHOR. very keen (which is evidently an advantage to the buyer), and socialism would say that the author was bound to have availed himself of such means as the law would give him to profit by the sale, if only for the sake of others. But it is really only a happy illustration of the natural truth of individualism, when the writer who is looked upon as the most influential teacher of a mixture of Christianity and Communion, or even Anarchy, by his Quixotic action shows that he has an abso- lute right to do what he likes with the product of his own brain. It is pleasant to turn from Count Tolstoi to an historic example of individualism and the struggles for intellectual freedom by one man now once more retold by the Bishop of Peter- borough in his fifth volume of the “ History of the Papacy at the Time of the Reformation.” The volume deals with the German revolt and the rise of Luther, so that, as may readily be supposed, it is a volume of especial interest. The method is such that we have clearly brought home to us that it was the effect of the New Learning or Humanity in Germany, as the first chapter is styled, which made the Reformation possible. And when this learning came in contact with a religious mind—such as Luther’s was—the old respect for an institution went down before the sympathy with a living man with his new ideals and his courageous action. Ecclesiastical bias apart, when, as nowadays, the teachings and actions of those who call them- selves “individualists”’ are so much decried, the successful struggle of an individual against tyranny, even in the sphere of religion, has ‘a wider interest than the substitution of one theology for another. It will serve to remind us that the crusade against stifling institutions need never to be abandoned. Here is the Bishop’s description of the state of things: By peremptorily disregarding the right of the individual to exercise his freedom within lawful limits, the Papacy outraged German opinion, and led toa new development of theology, which on the ground of Christian liberty chal- lenged the current claims of authority. It is for us to notice to-day, that while theology may rightly be considered a science, the means that the religious have of disseminating opinion and inculcating practice are all rather in the sphere of letters. Eloquence in the pulpit, on the plat- form, and in the religious press, are all subject to literary criticism. Even the religious services, or, at least in the main parts, the words of prayer and praise, are repetitions of certain forms of literature. Macaulay compared Milton’s sonnets to the collects in our Prayer-book, and Arnold has criticised hymns—Hnglish, German, medieval  Latin, to the advantage of the last—but thus indirectly showing that they cannot escape criti- cism because they are religious. We have a right then, to consider Luther as an individualist in the sphere of letters, refusing obedience to authority, and teaching such doctrines as his own experience seemed to him to have confirmed. Most of us take our knowledge of Luther from Hazlitt’s translation of Michelet, and perhaps from Sir James Stephen’s essay. Michelet has a passage in the preface to his work which is conclusive : “Tt is not therefore inexact to say that Luther was, in point of fact, the restorer of liberty to the ages which followed his era. The very line I here trace, to whom do I owe it that Tam able to send them forth if not to the liberator of modern thought?” Let us then note the attitude of Luther before the Diet of Worms, so far as his writings were called in question. Bishop Creighton writes (p. 150): Then he (Luther) was asked if he acknowledged the authorship of the books published in his name, and if he was willing to withdraw them and their contents. Luther acknowledged the books, but, in consideration of the gravity of the responsibility involved, asked time for deliberation before he answered the second question. The next day he was ready with his answer. His books, he said, fell into three classes. The first dealt with faith and morals, the second were directed against Papal laws and Papal tyranny, and the third against partisans of the Pope—and he could not revoke them. Yet, as he was a man and not God, he was willing to be convinced of his error by the testimony of Scripture, and if so convinced would cast his book into the flames. And what Luther did then has been going on ever since. For his appeal was to original docu- ments, and the examination of such documents, whether in religious or secular history, has, equally with the teachings of science, tended to weaken the claims of any authority to teach us what we are to believe. J. W.-8: Sec NOTES AND NEWS. HE legacy to the Society of which Sir ay Frederick Pollock spoke at the General Meeting, is a sum of money, together with the MSS. of the testator, and the consition of publishing these MSS., or some portions of them, in case they appear to the committee, from whose opinicn there is to be no appeal, wortby of publication. The MSS. have been received, and will be considered by the committee without delay. I hope that all readers of this paper will study very carefully the opinions of Mr. Cozens-Hardy, THE AUTHOR. 403 Q,C., and Mr. James Rolt on the subject of secret profits obtained by falsifying the cost of produc- tion, and by charging for advertisements not paid for. An account of this kind can be re- opened at any time, although it has been accepted by the author. Those who have recently received accounts on a profit-sharing agreement will do well to submit them for advice to the Secretary. They must, at the same time, forward the agree- ment and a copy of the book, both of which will be returned. Monsieur le Marquis de (1780-1793). Mémoires Inédits Recueillis par Walter H. Pollock. (Remington and Co.) With noble mien and lordly look, The Marquis sits within his book. In letters black and letters red, The Marquis steps with measured tread. With margin wide to grace his page, The Marquis occupies the stage. The bawling mob, the kennel crew, That pour and roar the wide street through, The Marquis lifts his head to hear With proud disdain and silent sneer. Outside—but not within these leaves— They bawl, this scum of drabs and thieves, “ Death to the Marquis!” Calm and proud He goes to meet the murderous crowd. Nor goes alone. With courteous air He leads the Marchioness to share The curses of the rabble rout, The lifted axe, the savage shout. The pike triumphant with his head— These be the memoirs edited. If dainty words and dainty dress, And page of dainty loveliness, And dainty cover, dainty print, Don’t make a dainty book, the Devil’s in’t. At the general meeting of the members on Monday, the 19th, an informal and rather desul- tory discussion was held on the advisability of publishing a list of members. The chairman, Sir Frederick Pollock replied, leaving the matter open to discussion. It was, however, suggested that members themselves should be invited to forward their opinions to the Editor of the Author. The question is, then, whether the names of the members should be published. It has been con- sidered by the committee, who resolved that the list should not be published. But the question can, in the chairman’s opinion, be re-opened. The following are the points to be considered : 1. The position of members, with regard to the Society, is, or may be, of a confidential character. The Society acts as a solicitor—its secretary is a solicitor—and advises its members, #.e., its clients, on matters perfectly private and confidential. 404 THE AUTHOR. 2. A solicitor does not publish a list of his clients. 3. Men in business or practice of any kind do not publish the names of their advisers. 4. A large number of the most distinguished writers is shown as members every year by the publication of the list of stewards who give their names for the annual dinner. 5. The list of council also shows that the Society is thoroughly representative. 6. It has been found by certain members politic, for reasons which need not be set forth, to conceal their membership. Among these are the younger members who are not yet sufficiently assured of their position in the profession of letters. To announce the publication of the list would be an invitation to them to withdraw from the Society. 7. It isalso certain that many members have joined, not because they hope for material advan- tages for themselves, but because they desire to help others not so independent. Some of these would certainly withdraw. 8. Many have joined on the distinct assurance by the secretary that their names would not be published. This pledge must be kept, whatever the opinion of the rest may be. These considerations should be borne in mind before answering the question “ Should the list of members be published ?” The Chairman announced at the general meet- ing the fact that eighty-five persons have sent in their names for election since the beginning of the year. This should make the numbers amount to over 1300. But itis never possible to give the exact number of members, because there is always a fringe of uncertain members, who drop off for one cause or another, generally to the extent of four or five per cent. The numbers are mounting; if our members, now that they do feel confidence in our work and aims, would lend personal assis- tance, we should double our numbers very quickly, Concerning the interview trouble. A correspon- dent, “L.8.,” writes an expostulation. He says that, “there are competent newspaper men engaged in this branch of journalism.” Very likely. He says, further, that in many cases “an article, involving more than a mere superficial discourse, would entail upon an expert the expendi- ture of much more time and work than would a light, chatty interview.” True; but suppose the expert wished to write that article himself, and lived by writing such articles. However, I must acknowledge that, in all my experience of inter- viewing, I have never had to complain until a recent case in which there was a deliberate breach of faith—viz., a proof was promised, but when it was sent the editor actually did not wait for the revise! I have generally had a proof, and I have generally found little to alter. Still, I stick to my text. Always stipulate for a proof. —— Something novel for collectors. In New York they are said to be collecting the monthly adver- tising posters of Harper's, the Century, and Scribner's magazines. “I am told,” says the “Lounger” in the New York Critic, “that you can no longer get back numbers of the coloured posters of either Harper’s or Scribner’s, as ‘ col- lectors’ have exhausted the market.” Would American collectors kindly turn their attention to the coloured posters on our railway stations ? The following advertisement appears in the Times of Monday, March 12 :-— A UTHORS, Poets, Artists, &c., wishing their work to appear in a new monthly should send for PARTICU- LARS (without specimens) ; also all who wish an interview or biographical notice (with photo) to appear in the same magazine should write (stamped address in all cases) X. Y., 6, Peckham-rye, London. A certain curious person, answering it, received the following communication in reply :— “THE WEST-END MAGAZINE.” A High-class Illustrated Family Paper. Price 6d. Monthly. 19, Raul-road, Peckham, 8.E., March 13. Dear Srr,—The new monthly will be called the West End Magazine, and will be issued at 6d. Iam reserving a few pages for outside contributions, for which, however, no payment will be made ; and if a production be used I expect the author will purchase a few copies. In this way I hope to have the pleasure of introducing any latent talent there may be about into the literary world. If you could sendan article or story (500 to 1000 words) or a piece of poetry (thirty lines) I should be most pleased to consider it, and to let you know at once if I can use it. In the case of artists, in addition to taking a few copies, they would be obliged to pay the cost of making the block (from 5s. to 30s.). In case of artists I should print their names at foot of picture, and give them a little notice, if the picture were large enough. I should esteem it a great pleasure to insert a short biographical notice, as U believe people are always inte- rested in this kind of reading. My fee is 5s. without photo block, and £1 if I have to get a block made. The block, after I had used, would be sent to you. I presume, of course, you would kindly take a few copies at 6d. each. Trusting to have the pleasure of a reply, I have the honour to remain—Yours very truly, A. J. CHRIMES. I see no reason whatever for withholding publicity from the name and the address of the writer. Nor do I make any doubt that he will receive a great many letters and a fair number of people who will accept his offer. He says, frankly, “ I shall pay you nothing; I shall expect you to take a few-copies.” It is not the first  ty iF THE AUTHOR. 405 time that such a proposal has been made or such a magazine carried on. It is, however, desirable that all the world should know how the West End Magazine is conducted, so that the authors can go about proudly owning that they have paid for the appearance of their articles by buying twenty, thirty, or even, perhaps, a hundred copies; that the flattering biography and portrait were cheap at a pound ; and the artist can, in the same way, and by the promulgation of the same truths, bring equal glory upon his honourable name. Collectors of first editions and _ other millionaires will perhaps be glad to possess the following, which is extracted from a secondhand book catalogue, and purports to be a complete list of Mr Norman Gale’s works from the beginning. The set may be had for the con- temptibly low figure of 50 guineas net. The envious crowd, livid and green, of authors whose first editions are worth no more than three shillings and sixpence may ask themselves if Mr. Norman Gale’s work is already worth so much, what it will be worth when his nine years of production have become forty-nine. I have seen first editions of a novelist, who shall be nameless, quoted at half-a-crown, and that novelist, I am told, can no longer look into the twopenny box from which of old he has extracted treasures, for fear of find- ing some bid for immortality of his own. Capricious are the gifts of fortune. So young a man—as yet so small a poet—in bulk, I mean— and yet already valued at 50 guineas net ! CoMPLETE Sut oF NORMAN GALE’s WORKS. PRIVATELY PRINTED AND PUBLISHED. Unleavened Bread, 1885 1 Only 4 or 5 copies of each of Primulas and Pansies, 1886 these are known. Marsh Marigolds, 1888, royal 8vo., 60 only printed, numbered, and signed “ Aura.” Anemones, 1890, royal 8vo., 60 only. Meadowsweet, n.p. [1889], pott. 8vo0., 50 only numbered and signed. Thistledown, 1890, pott. 8vo. 40 only, in case, Thistledown Essays, cr. 8vo., LARGE PAPER ed. of above, 22 only numbered and signed, in case. Cricket Songs and other trifling verses, 1890, post 8vo., 80 only. Do. Do. only. Violets, n.p. [1891], pott. 8vo., etching by Herbert Dicksee, 55 only numbered and signed. in case. Violets, cr. 8vo., LARGE PAPER etching in duplicate, 25 only, numbered and signed, in case. Gorillas, n.p. [1891], pott. 8vo., 60 only. Prince Redcheek, N.p. [1891], pott. 8vo., 50 only. Country Muse, 1892, pott. 8yvo., 500 only. Do. do. New series, 1892, post 8vo. Do. do. do. LARGE PAPER, demy ‘8yo. > 75 only. June Romance, 1892, 12mo., 80 only. Do. do. demy 12mo., LARGE PAPER with auto- LARGE PAPER, 20 graph lyric by the author inserted, 23 only numbered and signed, in case. Fellowship in Song, 1893, pott. 8vo., 310 only, in case. Do. do. Large cr. 8vo., LARGE PAPER, 50 only. Orchard Songs, 1893, fep. 8vo. Do. WHATMAN PAPER, 150 only, bound in English vellum. Of the younger American poets we know next to nothing; they do not send their verses to our magazines, only ‘by chance we hear, now and then, of Woodberry, Eugene Field, Gilder, Riley, Louise Chandler Moulton, and so many others, recognised across the water. Now and then one or other of them is kindly and gracefully held up to derision in one or other of our papers; it is seldom that journalist or critic takes the trouble to read American verse, and to treat American poets with courtesy. This is not well done; we should be ready with recognition ; we should even exaggerate recognition, just as we exaggerate the pleasure of receiving a friend. These courtesies are simple things; they may be taken for what they are worth; yet they help to maintain good feeling. This paper is not a review, but one may call attention to things. Now, there is a singer from the Ohio Valley; his name is Piatt; he has gathered his poems together, and has published them in New York and in London. (Idylls of the Ohio Valley. Longman.) Iventure toask of those who read poetry to give consideration to this new comer; a recognition of the qualities in him. There are many kinds of poetry; place him in his class; it is the simpler class which, at its highest, becomes, through its very simplicity, the most subtle; and read him without the pre- judice with which for some reason or other American writers of imagination seem to be generally approached by English critics. I venture to quote a few verses from a poem called “ Sundown ” :— On many a silent circle blown, The hawk, in sun-flushed calm suspended high, With careless trust of might Slides wing wide through the light— Now golden through the restless dazzle shown, Now drooping down, now swinging up the sky. Wind worn along those sunburnt gables old, The barns are full of all the Indian sun, In golden quiet wrought Like webs of dreamy thought, And in their winter shelter safely hold The green year’s earnest promise harvest won, With evening bells that gather low or loud, Some village, through the distance, poplar bound, On meadow silent grown, And lanes with crisp leaves strewn, Lights up one spire, aflame, against a cloud That slumbers eastward, slow and silver crowned. —_—  406 Whether there is promise in the young American poets or not, there is most certainly the richest possible promise in the young English poets—Watson, Le Gallienne, Norman Gale, Francis Thompson, and one or two more—it may be called performance as well as promise, but one would be sorry to think that the little dainty volumes of their verse represent them at their highest and best. At present they are all in the stage of short poems—six pages is the utmost they dare attempt as yet. One would not go so far as to say that the short poem may not be as worthy of a great poet as a long poem; but we want a long poem, if only to revive and encourage and extend the taste for reading poetry. No long poem has been written by any poet younger than Swinburne. Great thoughts come to those who treat of great subjects; to Tennyson, his noblest thoughts came when he meditated upon Death and his lost friends. What great subjects are left? All; because to every generation, every ambition, every passion, every emotion, every suffering is new and fresh, and may be treated by its own poets. The following announcement appeared in the Times of Saturday, March 17 :— Professor John Robert Seeley, M.A., has been made a Knight Commander of the Order of Saint Michael and Saint George. He was educated at the City of London School and Christ’s College, Cambridge, whence he took his degree in 1857, being bracketed with three others at the head of the first class in the classical tripos. He was also Senior Chan- cellor’s Medallist. In the following year he was elected a Fellow of his college, subsequently becoming principal clas- sical assistant at his old school. In 1863 he was appointed to the Professorship of Latin in University College, London, and in 1869 the Queen on the advice of Mr. Gladstone nominated him to the Professorship of Modern History at Cambridge. He was elected to a professorial fellowship at Gonville and Caius College in 1882. It is an open secret that Professor Seeley is the author of ‘“‘Ecce Homo: a Survey of the Life and Work of Jesus Christ,’ which first appeared anonymously in 1865, though 1866 is the date on the title-page. This book caused great excitement at that time among the various Protestant communities, and many replies to it were published. But Professor Seeley has no doubt received the great colonial order as a recognition of his Imperial sympathies. His “Expansion of England,” 1883, has had considerable popularity. Among his other works may be mentioned “ Natural Religion,” 1882, “ Clas- sical Studies as an introduction to the Moral Sciences,” 1864, an edition of Livy, with an introduction and historical examination, 1871, ‘‘ Life and Times of Stein,” 1879, “A Short Life of Napoleon the First,” 1885, and “ Greater Greece and Greater Britain,’ 1887. Professor Seeley has also frequently contributed to various reviews articles on oo method of history and the place of history in educa- on. It is perhaps satisfactory, because every step in advance, however short, is satisfactory, but it is rather humorous, to find a great leader in literature recognised as an equal to the Governor of Tobago, THE AUTHOR. the Premier of Queensland, or the Chief Justice of Turk’s Island. The man who taught the English-speaking race for the first time the meaning of the British Empire; the man who put new life into the chief religion of the world; the man who has laid bare the secret of Germany’s power, confers distinction upon any order that may be bestowed upon him. There is no reason why the greatest men of the country, those to whom the nation owes most, should be appointed to one order more than to another. But when such men are rewarded (?) by such titles, those national distinctions should be bestowed which are considered the highest, and not the lowest. Certainly the name of John Robert Seeley will live long after most of the present Knights of the Garter are forgotten. A note from the Daily Chronicle. It published an estimate, some time ago, of the National Book Bill—two estimates, in fact, by two publishers ; one of these estimates made up the total to £6,250,000; the other to £4,600,000. I am re- minded of these estimates by a statement made in the year 1835 that the book bill of 1833 amounted to £415,300. So that we have multiplied the book bill, taking the larger estimate, by fifteen. Our own population has increased in the same period by 75 per cent., without counting Australia, New Zealand, India, Canada (which does very little for us in books), and the other colonies. The enormous increase in the book bill is due mainly to the spread of education. For one reader in 1833 there are now twenty, and the number increases daily. By such figures as these we may form some conception of what the National Book Bill is likely to become in twenty years. All other professions and callings and trades tend to a smaller income due to increased competition ; the profession of literature alone will become, year after year, greater in position, greater in authority, greater in the prizes—the vast prizes of honour as well as of wealth—which will then belong to the successful. The unsuccessful will always be able to cheer their souls with the fact that popular success is not always given at first to the best writers. Count ToOLSTOI AND HIS PUBLISHERS. ~The Editor of the Daily Chronicle. Srr,—I beg you to find room in your paper for the following declaration. Some years ago a notice was made by me in the Russian Press to the effect that, as I do not consider it right on my part to receive money for my literary work, I therefore grant the right, without any exception or difference, to all who wish to print or reprint, in the original or from translations, in their entirety or in the newspapers, my works that have appeared or are about to appear, commencing from the year 1881.  THE AUTHOR. 407 Notwithstanding this intimation made by the writer, and which has probably not reached the French, English, and German publishers abroad, I frequently receive letters offering to print in journals for a stipulated payment, together with the request to give this or that publishing firm the exclusive right of publishing. There are even instances when certain publishers ascribe to themselves this exceptional right, and contest it with others; as this has now occurred in England between the firms of Heinemann and Walter Scott, and in Germany between publishing firms in Munich and Stuttgart. In view of these misunderstandings, I again declare that I do not give anyone the exclusive, or even the preferential, right of publishing my works, and translating from them—I offer it indiscriminately to all those publishers who find the publication of my works or their translation desirable. Leo To.usTot. Count Tolstoi has a perfect right to do what he pleases with his property. It pleases him to give it to the publishing trade. Perhaps he thinks that he is thus giving it to the world. This is exactly as if the owner of a vineyard at Chateau Lafitte were to give his wine to any merchant who chose to sell it. We are obliged to give our property, after the legal term of copyright, for nothing at all, to publishers. If we give it for nothing before the legal term we may imagine that we are conferring a very magnificent benefit upon the world at large, but we are merely enriching a certain class. Suppose that Count Tolstoi’s work produces, say, £3000 a year, which is the wiser course—to give this money to those who sell the work in order to make them rich, or to use it for some useful purpose? In the former case the Count simply helps forward the very thing against which, as I under- stand it, his teaching is always directed—the accumulation of wealth. In the latter case he might at least alleviate the lot of those whose lives and work have been used up in making others rich—say the company of martyrs who produce literature. For more than two months there has been lying before me a paper cut from the Daily Chronicle on the subject of the cost of printing in Holland. The figures quoted show that printing can be done in Holland at a price far below that estimated in our “Cost of Production.” Very soon after that book was published a Dutch printer called upon our secretary, and stated that he was willing to print as many books as we would give him at a cost of 10 per cent. less than the figures in that book. It has never been the desire of the Society that printing should be cheap—more than any other class, writers should be interested in help- ing all those who work to obtain fair wages, because the circulation of their work depends on the general prosperity, not the enrichment of a few; therefore nothing was said about that Dutchman or his offer. It now appears that he, or some other, has issued a pamphlet in which his prices are placed side by side with those of our estimate. And it is stated, whether rightly or wrongly, that some publishers are sending their books to Holland. Now, we must remember that sending work out of the country means so much lowering of the general prosperity. If a single man is thrown out of work by the sending abroad of the work he should have done at home, that man with his family has to be kept ; he and his arealog; we have to deny ourselves something—a book, perhaps—in order to keep that man and his family alive. The Daily Chronicle suggested that every book so printed should be distinctly marked “ Printed abroad.” I hope that the idea will not be lost. If we could get this done, the next step—to awaken public interest in the matter; to make authors themselves act ; to make book- sellers act—would be easy. I commend the sub- ject to the attention of the Society of Compositors. I think we may safely assure them of the sympathy of all men and women of letters. If there are any who do not agree with me, let them give their reasons. The “unalienable rights of authors” are thus set forth in the New York Writer. The word “author ” is used in a somewhat limited sense for “ contributor to magazines.” American customs are not always our customs. Our editors, as a rule, have no time to make remarks on the pages of MSS., and the request to the postmaster to for- ward would not be of much use here. However, here are the “rights” : (1.) ‘‘ We demand that, when our manuscripts are returned, only the first and last pages shall be crumpled beyond recognition. : (2.) ‘We demand that editors’ memoranda on the margin of our manuscripts shall not be made in indelible ink. (8.) ‘We demand that, when manuscripts are returned after a period of more than fifteen and a half years, the editor shall write on the envelope the words, ‘ Postmaster, please forward.’ : (4.) “We demand that, when manuscripts are published without being acknowledged or paid for, the editors shall return us the stamps which were enclosed in case of rejection. : (5.) “We demand that, when editors desire to add material to our contributions, they shall give themselves credit for the addition over their own names. (6.) “We demand that, when editors desire to cut out portions of our articles before publication, they shall insert the word ‘ Mutilated’ immediately under the title.” The “Decay of Literature’? was sure to form the subject of an article in some magazine in March ; it was due; there had not been, so far as I know, any paper on the subject for at least three months. Mr. Joseph Ackland has filled up the place in the Nineteenth Century. He shows that literature is in decay by an unexpected 408 argument. It is, briefly, this: that there has been a decline, in certain directions, of output during the last ten years; or, if not a decline absolute, then a check to the increase of the out- put. Fiction alone is the exception; and, in fiction, there has been a smaller percentage of new editions—therefore, he contends, a falling off in quality. This, I think, is a fair statement of his case. But, first of all, he has not made any attempt to show what number of copies have con- stituted the editions recorded. Now, it is quite certain that during the last twenty years the first edition of every book which is certain to be success- ful has grown larger—it is evident that the publisher saves greatly if he can safely produce a large edition at one time. Without this informa- tion statistics and figures are practically worthless. Again, the complaint has always been that the output is too large, including, as it undoubtedly does, a vast quantity of rubbish which ought never to have been published at all. The un- fortunate authors pay for them; nobody buys any copies; the books sink, and are forgotten as soon as they are born; they appear in the lists, and are recorded in the Publishers’ Circular side by side with a novel by Hardy or Meredith. These books ought to be subtracted from the list; this done, the apparent increase in fiction would disappear. But, indeed, we ought to protest in the strongest terms against an estimate of Literature based on the number of books produced, or on the books bought, or on the books offered to the public. These things have nothing to do with the advance or the decay of literature. That must be estimated by the lterary value and importance of the works produced, not by their numbers. For instance, in Poetry, which everybody puts first, we have, besides a great number of minor poets, the living names of Alfred Austin, Edwin Arnold, Austin Dobson, Edmund Gosse, Richard le Gallienne, Lewis Morris, William Morris, Swinburne, William Watson, Mrs. Webster. In History of all kinds we have Lecky, Seeley, Froude, Bryce, Gardiner, Fraser, Stubbs, Creighton, Bright. In Criticism we have John Morley and Leslie Stephen. In Fiction we have Barrie, Black, Blackmore, Doyle, Hall Caine, Stevenson, Haggard, Hardy, Payn, Rudyard Kipling, Mrs. Oliphant, Mrs. Humphry Ward, Mrs. Lynn Linton, and a great many others. While these men and women write and live, it cannot be said that literature is in decay. Never before have there been so many writers living at the same time so much above the average, so likely to endure with that limited extension of life which is granted to those who do well, yet fall short of the best, which endures for ever. WaLterR BESANT. THE AUTHOR. THE RULERS OF MANKIND, Pee the National Review, by permission of the author. What though the Sword, incarnadined and crowned, Yoke to its car the servile feet of Fate, What though the sophist Senate’s pompous prate Engross the hour, and shake the world with sound, Their carnal conquests can at best but found Some tinsel-towering transitory State On force or fraud, whose summits, soon or late, Fresh fraud or force will level with the ground. It is the silent eremitic mind, Immured in meditation long and lone, Lord of all knowledge while itself unknown, And in its cloister ranging unconfined, That builds Thought’s time-long universal throne, And with an unseen sceptre rules Mankind. ALFRED AUSTIN. ees: FEUILLETON. Tue Critic’s Dream. E was no insignificant critic. He repre- H sented one of the great dailies, and thought he represented the taste of Great Britain—a not uncommon failing of critics. He had in his day slaughtered more budding authors than any other half-dozen ordinary critics, and had showered more fulsome flattery on the recog- nised favourites of the boards than even the actor, who has a capacious gullet for praise, could conscientiously swallow; indeed, until the great Thespians read the greater critic’s eulogistic articles, they had no idea what sublime artists they were. With the recognised dramatists it was the same—our critic possessing a marvellous appreciation of the recognised. They were all geniuses, every man of them, with a subtlety of thought which only a great critic could properly elucidate ; though, and this was hard from him, and one of those things which never met with their entire approbation, he not infrequently chided them on their seeming lack of originality. Not that they really lacked it, only they were apt to grow careless if not kept up to the mark; and as the fate of the British drama lay entirely in his hands, he never neglected his duty. But with the novice at playwriting it was different. In him the lack of originality was obviously the result of a barren mind, and on _ the presumptuous offender’s head was poured the vials of the great man’s wrath. For to this liberal axiom had he clung tenaciously: That the use of stock motives and situations by a beginner was little less than a criminal offence, while the same act, perpetrated by an expert, became a remarkable exposition of ingenious stage craft. THE AUTHOR. The great critic was perturbed as he entered his club that afternoon. He had been to a matinée —of all things in the world! It was not often he went—he had more respect for himself ; and yet he was, according to his own account, a student of the drama. From which it might be gathered that he did not think unknown authors wrote drama. For how could there be drama without financial success? And yet he wasa student of the drama, and a serious one, too. If not, why had he gone to this matinée, why had he actually condescended to sit out a new play by an unknown author, in which there was no popular actor-manager, not even a society lady making her first appearance? How he came to do such an absurd thing he could not imagine. He was almost ashamed to be seen entering the doors, for his unfailing instinct told him that the affair would prove a deplorable fiasco. In fact, he expected such; he went with the idea of seeing such; he would have been annoyed had he not seen it. And yet he wasa man without preju- dice of any kind. He was troubled when he entered the gloomy little playhouse. He looked about for the familiar faces of his brother slaughterers ; but with one or two exceptions—earnest students like himself—they had all sent representatives. This angered him not a little. He felt as though he had been imposed upon; cheated in some way. He was decidedly out of place in such poor company. The music irritated him, and the happy chatter of a light-hearted woman just behind him sent the cold shivers down his back. Yes ; somebody should smart presently for all this annoyance. If he was troubled when he entered the theatre, he was more troubled when he came out. The play had gone with a roar of approbation from beginning to end. No ominous hiss, no discord of any kind had marred the success of the after- noon. Artists and author were called and cheered enthusiastically, which enthusiasm angered the critic immeasurably. ‘‘ Friends,” he muttered, as he wrathfully jammed his hat down over his eyes, “all friends. It means nothing.”’ In the vestibule everybody was talking of the play, and, what was worse, everybody seemed delighted. ‘‘ By George,” said one man to another, ‘it’s one of the cleverest plays I’ve ever seen.” The critic glared at the imprudent speaker. How could men delight in proclaiming their ignorance to the world? The critic dashed out into the street, the cheers of the audience ringing in his hears. He was quite auvxious to put his pen to paper. “ Among those whom the burlesque poet placed upon his list as being of no concern to 409 man, whatever they may be to the angels, we should be inclined to add the matinée author.” Then he dropped his pen and stared vacantly at the words, not that what he saw struck him as being rude, vulgar, or beside the mark. On the contrary, he thought it rather clever ; an induce- ment to his jaded readers to read on. But would it do? The play did go well, there was no doubt of that, and if it had been by a man of recognised position it would have been extremely funny. But could he really overlook the faulty construc- tion here and there, the occasional want of taste ? And yet, confound it! he had never seen a play, even by his especial pets, which he thought perfect in every way. Hang it, he was hardly fair to the novice. As for the questionable taste —were not the things he objected to the very ones which the audience laughed most heartily over? Everything was not as it should be in this best of all possible worlds. And, not a little agitated, he gazed at the sarcastic sentence which was to head his article, and as he looked the words began to run one into the other. His vision grew feeble; he dozed. And this was his dream. He was in a theatre—a huge theatre, compared with which his beloved Drury Lane was a band- box—and in some inexplicable manner he was acting one of his own plays ; one of those grand works which, notwithstanding his high position, he could get no manager to accept. But the most curious, the most terrible thing about the whole business was that he had to play every part him- self, for not one of the actors whom he had so assiduously coached had put in an appearance. He struggled bravely, to be sure, remembering what he was; but neither his courage nor his modesty met with a proper appreciation, for the audience laughed itself into hysterics over the fustian he had written. and, to make matters worse, there were his confréres in the stalls abso- lutely dying of laughter. He groaned in spirit as he thought of the morrow, for he knew that only in one paper might he hope for praise. But ere his groans had passed with his fustian into oblivion, there was a sudden, an awful, rustling of wings, and out from the dark places of the pit and upper galleries trouped the ghosts of all the plays that he kad damned—a legion of grinning, gibbering imps. And they bore in their midst a huge cauldron, into which one, the Spirit of Ambitious Tragedy, bade our criticlook. And he looked, but seeing nothing but a thick black liquid, he cried out ‘“‘ What is this?’ ‘The ink you have wasted,” said the spirit grimly. The critic shivered. He liked not the malicious look in that demon’s eyes, nor did he feel one whit more com- fortable when the spirit handed him a huge iron 410 ladle, saying, in a terrible voice, “Stir!” With trembling fingers the critic seized the ladle and stirred, and as he did so he saw that in the bottom of the cauldron lay an evil, foul-smelling pulp, which, in some indefinite way, seemed strangely familiar to him. “What is it?’’ he gasped, “What do you call it?” The Spirit of the Ambitious Tragedy fixed his malicious eyes upon him. ‘ Rubbish!” he said in his grim way. “The paper you have spoiled.”” The critic broke out into a violent perspiration. “ What do you want?” he murmured feebly, seeing a menace in the demon’s eye. A malicious smile curved the spirit’s lips. “Eat,” he said, “and drink.” “What, eat my own words,” cried the indignant critic, “never!” Then at a sign from their leader the demons began to dance round the stubborn one, pricking him with the sharp points of pen and pencil, while all the theatre—the whole world it seemed to him—laughed like a mad thing at the highly humorous spectacle. He tried to break away from his tormentors, but they hemmed him in on every side, and when he used force those pens and pencils suddenly grew more terrible than bayonets. He raised the ladle, and amid fiendish shrieks of delight filled his mouth with the odious stu He awoke with a start, in an agony of perspi- ration. But there was a splendid notice of the play in the next issue of the great daily, and the public gave him the credit of discovering a new dramatist. W. C.D. ee: DANTE’S LIBERTY. “La cradelta che fuor mi serra Del bell’ovile ov’ro dormii agnello.” Par, xxv. 4-5. Poet, who mountest where the fixed stars burn, Can e’en their glory, e’en thy lady’s smile Thy soaring spirit still not quite beguile, To thoughts of Florence mustit ever turn, On threshold e’en of highest Heaven yearn To enter once again 8. John’s dear aisle ? Florence, who gave the anguish and exile And Heaven’s greatest gift in scorn did spurn. Oh! princely poet-patriot, hadst thou not When wandering still the stars, the rolling sea ? * Was not thine exile a more blessed lot Than that of slaves who sell their liberty ; If scorned by those whom envy had begot Did not thy spirit soar sublime and free P NoRLEY CHESTER. *See Dante’s Epis. V. THE AUTHOR. 80-80 SOCIOLOGY. (Continued from p. 159.) 110, = LL is fair in love;” all that’s foul is always only licence. 111. Only the wisest can best value the weeds and the wastes. 112. Opportunity is the masculine of capacity. 113. Peace helps the vegetable which helps Man to consume the mineral. 114. War helps the mineral which helps the vegetable to devour Man. 115. Progeny is an epitome of ancestry. 116. The greatest imbecile, and the most hopeful, is the infant. 117. Man less prefers proof of truth than truth of preference. 118. Vanity is the lieutenant of vacuity. 119. Who look(s) for souls in corpses would seek for love in gold. 120. Love is singular in principle and plural in practice. 121, Self-concentration sometimes passes for self-consecration. ; 122. The mind’s moods may be judged by the voice’s tenses. 123. Accent is an accident of life; voice, a voucher of soul. 124. Tact is virtue or vice, according to sym- pathy or treachery. 125. Modern beauty is a lineal descendant of ancient expediency. 126, Correction is not a matter of contradiction but of co-operation. 127. As saint to sinner, so is conscience to conceit. 128. Instinct guesses; insight guides. 129. Sects are conic sections of the one solid, with smallest atop. 130. The soul prays; the self preys. 131. Time can heal nothing, but (re-)growth in time may heal all things. 132. Imagination grows with insight; phan- tasy goes with short-sight. 133. Every soul has a “ dark continent,” with unknown wealth within. 134. Venom is a weapon of the dwarf, the savage, and the weakling. 135. Time can no more heal everything than space cure anything. 136. Divorced from love, the offspring of truth is only bastard. 137. Aspiration meets with inspiration, when Man aspires aright. 138. The priest is blessing or curse, according as he is minister or master. 139. Form is the fetich, of which reform is the faith.  THE 140 There would be no crime, were there no rivalry. PHINLAY GLENELG. Dos CORRESPONDENCE. I.—No REMUNERATION. T may interest some of your readers to know I that, having been asked by the Imperial and Asiatic Quarterly Review to contribute an article to that periodical, I took the precaution of inquiring about remuneration, concerning which nothing was said in the application. In reply I was informed: “I cannot hold out to you the attraction of an honorarium. ie We shall, however, be very glad, as a slight acknowledgment of your trouble, to place a hundred or more pamphlet reprints of your article at your disposal, and also, if you like to have the Review, to place you on our free list for this year.” I have suggested to my correspondent that he should at least treat professional writers as I suppose he would treat his grocer if, when ordering a pound of tea, he desired to be perfectly straightforward and yet not to pay for the goods. Of course he might not get the tea. Certainly he has not got my article. The Review is a fat budget of 240 pages or thereabouts, costing 5s. net, and purporting to have existed since 1886. Some of its contents, strange to say, appear to possess a value u.stinctly above that which, by implication, the editor attaches to them. W. L. C. I..—Merir anp Succszss. Is merit the only passport to literary success ? Tell me this, my masters. Is merit when it belongs to an isolated being in the country, with- out a single friend at court—is it then a passport to success? Ah! me, I fear not ; no matter what your answer may be. I fear it to be a case of not known not read. ForI do not forget how one of the most popular lady novelists of the day horrified me in my room at the beginning of the year by the utterance of these words: “ Mr. —-” (the Editor of a magazine now grown historic in the literary world) “ never reads a single MS. sent to him, unless he knows some- thing of the writer!’’ Is merit, I say, the only passport to success, GzroreE, Moruey. Leamington. III.—EquipMeENtT. May I answer question 8, at p. 376 of the Author for March 1? Ido not admit that he dare is “ present and AUTHOR. 411 past.” It is in the same case as “ he can ” and “ he could.” That is to say, the correct forms are “he dare”’ and “he durst.” In cases of difficulty, consult a good grammar, As to dare, see Mason’s ‘Shorter English Grammar,” 1879, sect. 243; Morris’s ‘“‘ Historical Outlines of English Grammar,” sect. 299; Sweet’s “ Short Historical English Grammar,” sect. 719. Or learn a little Anglo-Saxon. Water W. SKeEat. ee IV.—PERIODICALS FOR THE Discussion oF OLD AND ForeotTren Books. It would be interesting to know whether the following are all the periodicals that have been published relating to old and forgotten books: The British Librarian, edited by Oldys, ap- peared monthly from Jan. to June 1737. He was librarian to the Earl of Oxford—Robert Harley— and wrote the rather well-known song, “ Busy, curious, thirsty Fly.” The Librarian, by James Savage, of the London Institution, ran from July 1808 to Dec. 1809, being published monthly. The British Bibliographer is in 4 vols., 1810-14, edited by Sir Samuel Egerton Brydges, “a man to all the book tribe dear,’ and Joseph Haslewood. The Retrospective Review, edited, I think, by Sir Egerton Brydges, ran from 1820 to 1826 (14 vols.), and then again appeared in 1828, when 2 vols. only were issued. HERBERT C. FYFE. V.—ANOTHER COINCIDENCE. Some time ago I submitted to the editor of a certain paper a suggestion for a series of bio- graphical articles of well-known actors and actresses, the articles to be short, about four to a column each week, and inclosed the MSS. of the first four. The editor very courteously wrote me saying that he had himself already contemplated a similar series, and about a fortnight after he commenced them exactly on my lines, and headed his first column with the name of one of the four subjects I had submitted to him. In the mean- time I suggested the idea to the editor of another paper, who rather curtly replied “ that he did not think it at all suitable to his columns.” Mark the result! Very shortly after the appearance of the first in the first paper, the second editor follows suit with an almost identical series, and is immediately pounced upon by the first editor, and severely admonished for stealing its “thunder.” Meanwhile I le low and smile. GO. H.R, 412 VI.—< Tue Youne Person.” The other day the review of a story issued by a first class firm, concluded as follows: ‘‘ This is not a book for the young person.” Did that reviewer realise how many “young persons,” would read that review, and perhaps make a note of that book for purchase; and also, how fully every moral phrase is now presented in _litera- ture, and how the tendency of writers to invest stories with interest by the “frailties,” alias the silliness or immorality, of married women, is increasing ? Ican just now recall three stories by popular authors in high class Christmas numbers whose interest turned on these points. These reach most “ young persons,’ and can be bought at all bookstalls. The fear is that such a remark from a reviewer will open the ‘‘ young person’s ” purse for the forbidden thing, and the pungent incident so freely handled, her mind, too, to a pre- ference for the Edith rather than the Alice Dombey of life. No moral was pointed in any of these stories, they were presented as naturally to-be-accepted situations, and, depicted as they now are, in ostensibly “high tone” magazines and literature, it seems best not to draw further attention to them by forbidding them, as the well meant, but curiosity-rousing and suggestive con- demnation of a reviewer can do. Do reviewers know how few girls are now guided to their reading ; does he realise that the bookstall and the drawing room both present all literature to the ‘young person.” ‘There are still girls in the world who would not foresee or relish the “something up” between an Edith Dombey and a Mr. Carson, but the tendency is by liberal fiction and desultory reading to foster a disdain for the “mild” as childish. This increases the necessity for personal moral decision, and from that there surely springs the critical faculty which gives equal safety and interest to the reading of—for instance, “ Le Roman du Mariage,” or ‘‘ Home- spun.” Mary Exiz. Stevenson. VII.—Succress anp REwarp, Until quite lately Mr. A. was one of the proprietors of a weekly journal which has since changed hands. There have appeared in the journal from time to time different series of articles, more or less technical in subject, but popular in style, which have afterwards been published as shilling books. In this form they _ have had, and are still having, a large sale. There are, perhaps, ten or a dozen of these books alto- gether; all have done well, and one has gone through three editions of 50,000 copies each. They have for years been producing an excellent income, and £10,000 is now asked for the copy- THE AUTHOR. rights. How much. does anyone suppose, has been received by their authors? Guess! For serial rights as well as copyright? In no case more than £20, and in one case only £5. I state these facts on the authority of Mr. A. himself. Will any publisher come forward and say that he considers this fair business? Legally it can be justified, but what about equity? Of course, nothing can be done for an author who has sold his work outright, no matter how ridiculously low the price. He has made his bargain, and must abide by it. But it is just such a case as this which shows the need of the Society, for one of its chief objects is to give authors some idea of the value of literary property. Mr. A. admitted to me that the fairest arrangement was a sliding- scale royalty—a royalty increasing as sales increased. Having retired from the business himself, he gives this opinion gratuitously to other publishers. VITI.—Anotuer Journatistic Jornt Srock Company. I have another experience to relate. Being desirous of writing fora weekly journal, of which six or seven numbers had appeared, I called upon the editor, whom I shall always esteem for his kindness and urbanity; and I entirely absolve him from any blame in relation to after events. My first contribution was accepted. I called again, and suggested a series of original prose articles of a satirical nature. I wrote one, which was duly published, and afterwards arranged for their continuance at a fair price. Things pro- ceeded merrily. The composition of my articles was an exceeding great joy to me; my verses may have been bitter, but their melody was sweet. In course of time, I sent in my account, with a polite request for a cheque. I waited a few days. I received no reply. I wrote, called, and continued in patience, and I worked at my satirical articles and bitter poems, and sent in my copy with scrupulous regularity. I had inter- views with the business manager, an Irishman with a smiling aspect, who promised:me a cheque as soon as the directors of the company met, but somehow or other these personages could not get up a quorum. One or two of them was always away shooting or fishing, or otherwise enjoying themselves. At last I, with other contributors, received a small cheque on account, which was consolatory, but hardly satisfactory. Then a dreadful interregnum of soliciting, hoping, and waiting ensued, and I had almost considered the balance due to me as a bad debt, when happily I was disabused of this idea. I learned that the chairman of the company was a gentleman of position and reputed wealth; a proprietor of  THE AUTHOR. 413 other papers. When I heard this, a sense of confidence and security possessed me. There was surely hope in the future for a journal with an eminent chairman of such assured financial position. My doubts and fears were swept aside. T had no misgivings as the weeks sped on without my receiving a cheque. And when one morning I was notified to attend at the office of the paper. I was still not im the least discon- certed. It was only when I was actually asked to sign a paper accepting ten shillings in the pound for my debt that I was puzzled. More- over, on being assured that fresh capital would be raised, and that contributors would in future be paid weekly, I signed that paper, being con- soled with the proverb of half a loaf being “better than no bread. The dénouement can be guessed: The fresh capital turned out a myth, and the journal died a lingering death. In the meantime, however, the chairman of his own accord remitted ten shillings in the pound to the contributors. Of course he need not have done this. There was no legal liability on his part. But I maintain he was morally responsible to them. LuUNeEtteE. TX.—* For tHe Encouragement or Epirors AND THE ADVANCEMENT oF Goop LiITERA- TURE.” I and a few other unrecognised geniuses have arrived at the conclusion—based upon a careful examination of the contents of the hghter maga- zines—that the magazine editors have gone out on strike, and have left the work of rejection and selection to be arranged by the contributors themselves, who, judging by the poor quality of their work, must be shareholders or other influen- tial persons. The aforenamed spirits and myself, having read the short stories which had gained approval in the magazines for this month, afterwards proceeded to read our own rejected MSS. Well, Sir, I must say, without undue vanity, that no unprejudiced person could pos- sibly refuse to admit the superiority of ow? un- published masterpieces. I therefore wish, with your co-operation, to suggest a plan for educating editors. Will you, Sir, favour some talented but impecunious beings with a vacant room at the Authors’ Club? Here we will reverse the usual method, which I believe prevails with your members, of reading the MSS. of successful writers, and, instead, read to one another and to any appreciative American or other millionaires, our rejected MSS. If editors, who will be charged a small fee—in revenge for unstamped returned MSS.—do not blush and feel staggered when they learn what wit, brilliancy, humour, and even genius they have despised, then there is no hope for English fiction. In any case, I fear there isn’t much. I sign myself, Sir, not, I hope, inappropriately, Movesty anp TALEnt. Se “AT THE SIGN OF THE AUTHOR'S HEAD.” HE new Library Edition of Chaucer, in six volumes, edited by Prof. Skeat, and published by the University of Oxford, is in course of publication. Vol. IL, contaiming a Life of Chaucer, the Romaunt of the Rose, and the Minor Poems, has already appeared. Vol. II. will contain the translation of Boethius (the first modern edition, with notes), and Troilus and Cresseyde, with introductions and a full apparatus of notes, and will probably appear in April. Mrs. Lynn Linton’s new novel, ‘The One Too Many,” has passed almost directly into a second edition, having received high praise from all the leading reviews. It is dedicated to the “ sweet girls still left among us who have no part in the new revolt, but are content to be dutiful, inno- cent, and sheltered.” Our own impression is that the book is as much aimed at the folly of some parents as at the want of refinement in the smoking, spirit - drinking, evil-speaking, and emancipated person who, accordmg to Mrs. Linton, is the product of the higher female education. It is curious that the title should be almost synonymous with that of another novel, “A Superfluous Woman,” which has also passed into its second edition, but which treats of the position and duties of womenin greater sympathy with the emancipating process. The two novels have one special point in common. In each a girl with every opportunity of choosing her friends in her own sphere forms an attachment with a man in a lower station of life. Major Seton Carr has added to his other books, warning the inexperienced against national vices, a volume dealing with betting and gambling. The main idea, so far as the remedy for the evil is concerned, is that we must not look to legisla- tion, but to the growth of public opinion, which will discountenance and suppress gambling in the same way as duelling was suppressed. Mr. Joseph Hatton’s new novel is to be called “The Banishment of Jessop Blythe.” It is an English story. The exile is driven out from a community of workmen. The love story of his daughter is the chief motif of the novel; but there is a strong underlying plot with a murder in it, and the scene of it is a romantic bit of the 414 North at present some miles beyond railways. It is a story of to-day, though the strange commu- nity from which Jessop Blythe is banished is of ancient origin and more or less socialistic in its laws and regulations. Like most of Mr. Joseph Hatton’s novels, the forthcoming story has been written for Messrs. Tillotson’s newspaper syndi- cate, and the first chapters will be published in October. The novel will not appear in three- volume form until next year, thus giving plenty of time for securing copyright in America. In addition to the publication of ‘‘ By Order of the Czar,” in Swedish, one of Mr. Hatton’s earliest successes, ‘‘Clytie,” is being translated into the same language for immediate publication. It had already been published in Germany as the feuilleton of the North German Gazette, and in two volumes. Tt is not often that a provincial paper has to make a move into London. This fortunate event has happened in the case of Chat, a weekly paper published at Portsmouth under the editorship of Mr. F. J. Proctor, author of “Timothy Twills’s Secret,” “Richard, I.: a Drama,’ &c. The pub- lishing office will now be at 68, Fleet-street, as well as at Portsmouth. « Ancient Ships,” by Cecil Torr (Cambridge University Press), is the first instalment of a great work treating on the shipping of the Medi- terranean for 2000 years, viz., from 1000 B.c. to 1000 A.D. Archeologists may note that this is a book where they will find all that can be learned in the manner of the ancient ship. Mr. W. P. James has issued, under the title of “ Romantic Professions,” a volume of essays con- tributed by him to Macmillan and Blackwood’s magazines. Our readers may remember a novel published some six or seven years ago, called “ Jack Urqu- hart’s Daughter,” which was a distinct success. The author, Miss Young, has again brought out a novel with the title ‘Needs Must,” which is being widely read. We have seen more than one review which, while praising the work, has been cruel enough to tell the story. We will only say here that the book ought to have been called “The Green Diamond” in spite of Mr. Justin MacCarthy’s latest success with ‘‘ Red Diamonds.” Those who have been interested in the article on Signor Crispi in the March number of the Fortnightly Review will be glad to be reminded of a small volume, “ Comedy and Comedians in Polities by the Comtesse Hugo.” In it they will find a good deal of light thrown on the position of Crispi and his popularity with the Italian public, the author having been so much behind THE AUTHOR. the scenes that it became necessary for her to leave Italy and take refuge in England. Mrs. Edith Cuthell’s new novel, “ A Baireuth Pilgrimage,” a story of the Wagner Festival, will shortly be issued in two volumes by Messrs, Sampson Low, Marston, and Co. The same author’s yachting story called “The : Wee Widow’s Cruise,” will also be published shortly by Messrs. Ward and Downey. Mrs. Alfred Marks’ new work is to be pub. lished early in April. Itis entitled “Thorough,” and it deals with the Irish Rebellion of 1641, The publishers are Messrs. Richard Bentley and Son. Mr. George Halse, author of ‘‘ Weeping Ferry,” will shortly bring out a new novel, in three volumes, entitled ‘‘ Phil Hathaway’s Failures.” It will be published by Messrs. Henry and Co. Under the title of ‘“ Poet’s Parables,” the Rey. Frederick Langbridge, of §S. John’s Rectory, Limerick, proposes to issue a collection of poems, chiefly narrative, of spiritual and moral sug- gestion. Mr. Langbridge would feel greatly obliged to any correspondent who would kindly direct his attention to legendary or allegoric poems lying outside the beaten track. The first of a series of The Annabel Gray library, at cheap and popular prices, entitled “The Ghosts of the Guard Room,” a tale of military life, will appear immediately. “The People’s Family Prayer Book,” by Dr. Joseph Parker, of the City Temple, tos. 6d. (Simpkin, Marshall, and Co.) is announced as entering its fourth thousand. Hach prayer is one page long, and in very large type. Messrs. Sampson Low, Marston, and Co. have just issued another thousand copies of “The Way they Loved at Grimpet,” by E. Rentoul Esler. The reception accorded to this book should encourage those who, having no press connec- tions, despair of generous praise in the reviews. It would be impossible for criticism to be more kindly cordial, more universally eulogistic than in the case of this little volume of village idyls. “Nature, Wild Sport, and Humble Life - (Longmans), by Mr. Austin Trevor Battye, is another of the books on the outdoor life and what one can see who has eyes in his head, of which there have been so many lately. There is plenty of room for all; none of them copy or imitate those who have gone before; nature is inex- haustible. In this volume the title of the “Procession of Spring” may seem to be an imitation of Jefferies’ “ Pageant of Summer,” but the treatment is different. The author says 1  THE AUTHOR. his preface: “I have tried to mirror something of the many-sided life of Nature where it beats through the seasons in this and other lands. I have tried, too, to keep touch with an influence there is out of doors, comparable with that of the beautiful in art, but deeper reaching, wider, finer.” ec WHAT THE PAPERS SAY. Tue Narron’s NeGLect OF THE COPYRIGHT Law. HE failure of a good law has a new and striking illustration in the almost total paralysis of the copyright law. If any- thing on our statute books has ever been more completely nullified by neglect in carrying it out we should like to know it. We have not the least reference to a party in power or out of power. Both parties united in passing the new copyright law three years ago, and both parties are responsible for neglecting it. Having been enacted, it seems to have been supposed that this law was endowed with automatic functions. Its very existence seems to have dropped out of the memory of our rulers. The scheme of the copyright law is twofold—it records the title of a book before publication, and it requires the forwarding of two copies of each work to the Librarian of Congress before or on the day of publication. Now it is of the utmost importance that the title be recorded at Washing- ton before the book is published or a copy sold. In fact, unless this is done the copyright is not worth its weight in an old patent-office report, for the reason that the record of a title after publication would indicate that the publisher has issued his book without authority of law. The publisher is interested in carrying out the law to the letter. Unless he does it, his book is not protected. Here comes in the sad condition of things. The Washington office, through no failure on the part of the Librarian of Congress, but through the inadequacy of means at his command for purely clerical force, ties the publisher hand and foot. A New York house, for example, has long had a book in hand, and is now ready to publish. The title is in the hands of the Librarian of Congress. He sends on his two copies for the Congressional Library. But suppose he gets no word that his title has been received. What is he to do? Possibly his letter has been lost, and in his un- certainty he writes again, and once more sends on his title. No answer still. Often months elapse before he receives any answer to his application for the privilege to publish. In the 415 large volume of business in the field of copyright mistakes must occur. But as the law is at present administered it is next to impossible to even learn of them, much less to correct them. In one case we know of, where the question was the renewal of a copyright about to expire, the record of renewal did not reach the publisher until about five months after the application had been mailed in New York. Thus the new term of copyright was impaired, if not entirely destroyed, because it was not practicable to advertise within the time required by the statute. Such is the deplorable fact. How shall we account for it? Why is it about as useless for a publisher to write to the copyright office in Washington as it would be to address his letter, properly registered, to the fifth satellite of Jupiter? The story at the Washington end of the line is soon told. It seems to have been entirely forgotten to provide enough clerical help to conduct the business. Since the international copyright law was enacted the business has been multiplied. But the Librarian of Congress, in whose hands the entire business of registry is placed, has been granted but one additional clerk. Until three years ago there were no arrears known in the office, but now they are alarmingly large. Of course it is to be inferred that the office must pay its own expenses, and that the want of sufficient clerical force arises from the meagre income from copyright fees. But precisely the contrary is the fact. Not only does the office receive enough fees to provide clerical help, but a large slice of the income goes into the general Treasury of the United States. From the reports of the Librarian of Congress we learn that the Treasury received in 1891 38,000 dollars from copyright fees alone. In 1892 this sum ran up to 44,000 dollars, and in 1893 it was still larger. Fewer than thirteen clerks do the whole work. The surplus of revenue in the copyright office goes to—what shall we say t—the dredging of worthless streams, paying indemnities to Peruand Italy for our own lawlessness, and to the thousand and one open mouths which feed upon the bread from the government table. Great is the benefi- cence of literature! But who ever heard of the fees which publishers pay into the General Treasury for the privilege of publishing books going to support the expenses of the United States government ? Whatever may be said of the inability of our great departments to support themselves, here is one—that of copyright—which not only pays its own way, but aids in keeping the wolf from the door of its elephantine companions.—Harper’s Weekly.  416 THE BowpD.LeERIsing THE British Museum. There must be a short Act to prevent the British Museum from being bowdlerised. Mrs. Martin has laid her finger upon a defect or an ambiguity in the powers of the trustees of the national library; and whatever be the legal effect of the findings of the jury yesterday, no time should be lost in making another such an action as Mrs. Martin’s impossible. . More important than the personal question—though Mrs. Martin has a perfect right, not to be grudged her, to clear herself from all calumnies against her—is that nothing shall be done to lessen the utility of the national library for this generation and generations to come, and to insure that it shall continue to be a comprehensive collection of the literature of the world. It would bea national misfortune if the museum ceased to act as it has done on the maxim Nihil humani alienum; and we look to Parliament to make it clear that the trustees are not expected to exercise the impossible due diligence in which the jury have found them wanting.— Times. A Tutne to Note. Although copyright with the United States has so long been established, there are many things that still render it incomplete. The agents of the American publishing houses are not given a free hand, but have always to communicate with their principals upon literary business, which causes great loss of time. A young—and, let us hope, rismg—author complains not only of this, but that much discourtesy is shown in the delay of replies—beyond even what is necessary— to offers from this country. ‘Though they may not want my book,’ he pathetically remarks, “they need not keep me on tenterhooks when all that it would ‘cost them to relieve my mind is twopence-halfpenny (exactly).”’ Such conduct is, of course, very rude, but, it seems, is not without reason, for he adds: ‘“ I am afraid this silence is sometimes designed, as more than once when I have failed in getting an American publisher, the very house that has turned a deaf ear to my offer has afterwards brought out my book without paying for it. This is a sad story, but I venture to think my correspondent has not been dealing with first-class houses.—Jamrs Payn (Jilustrated London News). . ea: AUTHOR. NEW BOOKS AND NEW EDITIONS. Theology. ANNOTATED PARAGRAPH BIBLE. New Edition. R.T.S. 285. CHOLMONDELEY, Ruy. F. G. 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