https://historysoa.com/files/original/5/298/1897-01-01-The-Author-7-8.pdf 48d693d7bb6b0a33e1ce2dc5724cb3bd 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 The Author Description An account of the resource A digitised run of the Society of Authors' monthly periodical, The Author, 1890–1914, made available together for the first time. Currently users can browse issues and <a href="https://historysoa.com/items/browse?search=&advanced%5B0%5D%5Bjoiner%5D=and&advanced%5B0%5D%5Belement_id%5D=51&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Index&collection=&type=&tags=&exhibit=&date_search_term=&submit_search=Search+For+Items&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) 1897-01-01 Volume 7 Issue 8 Pages Page range in volume 177–208 Ngram Date Version of the date in YYYYMMDD format for use by the Ngram plugin 18970101 Ngram Text Version of the text with no HTML formatting for use by the Ngram plugin XL he H u t b o t\ {The Organ of the Incorporated Society of Authors. Monthly.) CONDUCTED BY WALTER BESANT. Vol. VII.—No. 8.] JANUARY i, 1897. [Price Sixpence. CONTENTS. Notieea, «fec Literary Propel ly— 1. Contract of Publication 2. Notes on an Agrtement ». Pitts r. Gforge I. Savage r. Noely 5. Exaggeration of Authors" Rights 6_ Dramatic Representation in Italy Xoteai from Abroad. By R. H. Sherard New Toik Letter. By Norman Hapgood Notes and News. By the Editor The Booksellers' Grievances. By Julie Sutter ... 179 ... 182 ... 183 ... 181 ... 185 ... 187 ... 188 ... 189 ... 191 ... 105 The Guild of Literature and Art ... Is there an American Literature'; Cheap Fiction in Germany Book Talk Literature in the Periodicals Correspondence.—1.'-Hons." 2. Stamps with MSS. 3. 1'AOK 197 1!)7 199 -.03 203 ■ Thirteen as Twelve." 4. Reviews and Advertisements. r>, ''To J. G." 8. Still Looser English. 7. "A Want." 8. The Ethics of ths Review Copy. '.». Monsters in Fiction. 10. The First Bojk. 11. "Wanted, a Strike." 12. Touting Publishers 20t Obituary 2PS PUBLICATIONS OF THE SOCIETY. 1. The Annual Report. That for January 1S96 can be had on application to the Secretary. 2. The Author. A Monthly Journal devoted especially to the protection and maintenance of Literary Property. Issued to all Members. Back numbers are offered at the following prices: Vol. I.,'io«. 6d. (Bound); Vols. II., III., and IV., 8s. 6d. each (Bound); Vol. V, 6s. 6J. (Unbound). 3. Literature and the Pension List. By W. Morris Colles, Barrister-at-Law. (Henry Glaisher, 95, Strand, W.C.) 3*. 4. The History of the Socie'te des Gens de Lettres. By S. Squire Sprigge, late Secretary to the Society, is. 5. The Cost Of Production. In this work specimens are given of the most important forms of type, size of page, &c, with estimates showing what it costs to produce the more common kinds of books. Henry Glaisher, 95, Strand, "W.C. 2*. 6d. 6. The Various Methods Of Publication. By S. Squire Sprigge. In this work, compiled from the papers in the Society's offices, the various forms of agreements proposed by Publishers to Authors are examined, and their meaning carefully explained, with an account of the various kinds of fraud which have been made possible by the different clauses in their agreements. Henry Glaisher, 93, Strand, W.C. 3.S. 7. Copyright Law Reform. An Exposition of Lord Moukswell's Copyright Bill now before Parlia- ment. With Extracts from the Report of the Commission of 187S, and an Appendix containing the Beme Convention and the American Copyright Bill. By J. M. Lely. Eyre and Spottiswoode. is. 6d. 8. The Society of Authors. A Record 0f its Action from its Foundation. By Walter Besant (Chairman of Committee, 1SSS—-j 892) »*• 9. The Contract of Publication in QQt, Austria, Hungary, and Switzerland. By Erxst Lunge, J.U.D. 2s. 6d. *<H<ffl7' *^ ## p. 176 (#220) ############################################ 11 AD VER TISEMENTS. ^t)e g>ociefp of Jlufljors (gncotporateb). Sir Edwin Arnold, K.C.I.E., C.S.I Alfred Austin. J. M. Barrie A. W. X Beckett. F. E. Beddard, F.R.S. BOBERT BaTEMAN. Sir Henry Bergne, K.C.M.G. Sir Walter Besant. Augustine Birrell, M.P. Eev. Prof. Bonnet, F.R.S. Eight Hon. James Brtce, M.P. Bight Hon. Lord Burghclere Hall Caine. Egerton Castle, F.S.A. P. W. Clatden. Edward Clodd. W. Morris Colles. Hon. John Collier. Sir W. Martin Conwat. F. Marion Crawford. PRESIDENT. GEOEGE MEREDITH. COUNCIL. The Earl of Desart. Austin Dobson. A. Conan Doyle, M.D A. W. Dubourg. Prof. Michael Foster, F.E.S. Eichard Garnett, C.B., LL.D. Edmund Gosse. H. Eider Haggard. Thomas Hardy. Anthony Hope Hawkins. Jerome K. Jerome. Eudyard Kipling. Prof. E. Bay Lankester, F.B.S. W. E. H. Lecky. J. M. Lely. Mrs. E. Lynn Linton. Eev. W. J. Loftie, F.S.A. Sir A. C. Mackenzie, Mus.D. Prof. J. M. D. Meiklejohn. P.C. Herman C. Merivale. Eev. C. H. Middleton-Wake. Sir Lewis Morris. Henry Norman. Miss E. A. Ormerod. J. C. Parkinson. Eight Hon. Lord Pirbright. Sir Frederick Pollock, Bart., LL.D. Walter Herries Pollock. W. Baptiste Scoones. Miss Flora L. Shaw. G. E. Sims. S. Squire Sprigoe. J. J. Stevenson. Prof. Jas. Sully. William Moy Thomas. H. D. Traill, D.C.L. Mrs. Humphry Ward. Miss Charlotte M. Yonge. Hon. Counsel — E. M. Underdown, Q.C. A. W. X Beckett. Sir Walter Besant. Egerton Castle. W. Morris Colles. COMMITTEE OF MANAGEMENT Chairman—H. Eider Haggard. Hon. John Collier. Sir W. Martin Conway. Anthony Hope Hawkins. J. M. Lely. Solicitors— ( Messrs. Field, Eoscoe, and Co., Lincoln's Inn Fields. [ G. Herbert Thring, B.A., 4, Portngal-street, W.C. Sir A. C. Mackenzie, Mus.D. Henry Norman. S. Squire Sprigge. Secretary—G. Herbert Thring, B.A. OFFICES: 4, Portugal Street, Lincoln's Inn Fields, W.C. _A_. IE3. "WJ^TT &c SO 1ST, LITERARY AGENTS, Formerly of 2, PATERNOSTER SQUARE, Have now removed to HASTINGS HOUSE, NORFOLK STREET, STRAND, LONDON, W.C. WINDSOR HOUSE PRINTING WORKS, BZR/ZE^IVFS ZBTTILIDIItTa-S, ZE.C. Offices of "The Field," "The Queen," "The Law Times," &e. Mr. HORACE COX, Printer to the Authors' Society, takes the opportunity of informing Authors that, having' a very iarge Office, and an extensive Plant of Type of every description, he is in a position to EXECUTE any PRINTING they may entrust to his care. ESTIMATES FORWARDED, AND REASONABLE CHARGES WILL BE FOUND. ## p. 177 (#221) ############################################ XT be Hutbor* (The Organ of the Incorporated Society of Authors. Monthly.) CONDUCTED BY WALTER BESANT. Vol. VII.—No. 8.] JANUARY i, 1897. [Price 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. THE Secretary 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. i 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. GENERAL MEMORANDA. FOE some years it has been the practice to insert, in every number of Tlie Author, certain " General Con- siderations," Warnings, Notices, &c, for the guidance of tho reader. It has been objected as regards these warnings that the tricks or frauds against which they are directed cannot all be guarded against, for obvious reasons. It is, however, well that they should be borne in mind, and if any publisher refuses a clanso of precaution he simply reveals his true character, and should be left to carry on his business in his own way. Let us, however, draw up a few of the rules to be observed in an agreement. There are three methods of dealing with literary property :— I. That of selling it outright. This is in some respects the most satisfactory, if a proper price can be obtained. But the transaction should be managed by a competent agent. II. A profit-sharing agreement. In this case the following rules should be attev, j 1 j. (1.) Not to sign any agreement in which the duction forms a part. °0st of Pr0' (2.) Not to give the publisher the power profits into his own pocket by charging for _,* >,„jf,'n(? the VOL. VII. in his own organs: or by charging exchange advertise- ments. (3.) Not to allow a special charge for " office expenses," unless the same allowance is made to the author. (4.) Not to give up American, Colonial, or Continental rights. (5.) Not to give up serial or translation rights. (6.) Not to bind yourself for future work to any publisher. As well bind yourself for tho future to any one solicitor or doctor! (7.) To stamp the agreement. III. The royalty system. In this system, which has opened the door to a most amazing amount of overreaching and trading on the author's ignorance, it is above all things necessary to know what the proposed royalty means to both sides. It is now possible for an author to ascertain approximately and very nearly the truth. From time to time the very important figures connected with royalties are published in the Author. Readers can also work out the figures themselves from the "Cost of Production." Let no one, not even the youngest writer, sign a royalty agreement without finding out what it gives the publisher as well as himself. It has been objected that these precautions presuppose a great success for the book, and that very few books indeed attain to this great success. That is quite true : but there is always this uncertainty of literary property that, although the works of a great many authors carry with them no risk at all, and although of a great many it is known within a few copies what will be their minimum circulation, it is not known what will be their maximum. Therefore every author, for every book, should arrange on the chance of a success which will not, probably, come at all; but which may come. The four points which the Society has always demanded from the outset are :— (1.) That both sides shall know what an agreement means. (2.) The inspection of those account books which belong to the author. We arc advised that this is a right, in the nature of a common law right, which cannot bo denied or withheld. (3.) That there shall be no secret profits. (4.) That nothing shall be charged which has not been actually paid—for instance, that there shall be no charge for advertisements in the publisher's own organs and none for exchanged advertisements; and that all discounts =sha be duly entered. If these points are carefully looked after, the author may rest pretty well assured that he is in right hands. At tho - time he will do well to send his agreement to tho 8 atftry before he signs it. 1 X 2 ## p. 178 (#222) ############################################ 178 THE AUTHOR. HOW TO USE THE SOCIETY. I. "Tjl VERY member has a right to ask for and to receive JQj advice upon his agreements, his choice of a pub- lisher, 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 w ithout 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 is in order to ascertain what has been the nature of your agree- ments, and the results to author and publisher respectively so far. 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. 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 Author notes of everything important to literature that you may hear or meet with. 9. The committee have now arranged for the reception of members' agreements and their preservation in a fireproof safe. The agreements will, of course, be regarded as con- fidential documents to be read only by the Secretary, who will keep the key of the safe. The Society now offers :—(1) To read and advise upon agreements and publishers. (2) To stamp agreements in readiness for a possible action upon them. (3) To keep agreements. (4) To enforce payments due according to agreements. ->.«<. THE AUTHOES' SYNDICATE. MEMBERS are informed: 1. That the Authors' Syndicate takes charge of the business of members of tho Society. That it submits MSS. to publishers and editors, concludes agree- ments, examines, passes, and collects accounts, and, gene- rally, relieves members of the trouble of managing business details. 2. That the terms upon which its services can be secured will be forwarded upon detailed application. 3. That the Authors' Syndicate works only for those members of the Society whose work possesses a market value. 4. That tho Syndicate can only undertake any negotiations whatever on the distinct understanding that those negotia- tions are placed exclusively in its hands, and that nit communications relating thereto are referred to it. 5. That clients can only be seen by the Director by appointment, and that, when possible, at least two days' notice shonld be given. 6. That every attempt is made to deal with all communi- cations promptly. That stamps should, in all cases, be sent to defray postage. 7. That the Authors' Syndicate does not invite MSS. without previous correspondence: does not hold itself responsible for MSS. forwarded without notice; and that in all cases MSS. must be accompanied by stamps to defray postage. 8. That the Syndicate undertakes arrangements for leoturcs by some of the leading members of the Society; that it has a "Transfer Department" for the sole and purchase of journals and periodicals; and that a " Register of Wants and Wanted" is open. Members are invited to communicate their requirements to tho Manager. There is an Honorary Advisory Committee, whose services will be called npon 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. THE Editor of The Author begs to remind members of the Society that, although the papor 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 aro willing to write? Communications for the Author should reach the Editor not later than the 21 st 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 oonnected with their work which it would be advisable in tho general interest to publish. Members and others who wish their MSS. read are requested not to sond them to the Office without previously communicating with the Secretary. The utmost practicable despatch is aimod at, and MSS. aro read in the order in which they aro received. It must also bo distinctly under- stood that tho Society docs not, under any circumstances, undertake the publication of MSS. The Authors' Club is now open in its new promises, at 3, Whitehall-court, Charing Cross. Address tho Secretary for information, rules of admission, &c. Will members take tho 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 tho trouble of sending ont a reminder. Members are most earnestly entreated to attend to the following warning. It is a most foolish and may bo a most disastrous thing to enter into an agreement binding for a term of years. Let them ask themselves if they would givo a solicitor the collection of their rents for five years to come, whatever his conduct, whether he was honest ## p. 179 (#223) ############################################ THE AUTHOR. i79 or dishonest? Of course they would not. Why then hesitate for a moment when they are asked to sign them- selves into literary bondage for three or five years? 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 48. 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 pooket, 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. LITERARY PROPERTY. I. — The Contract op Publication in Germany, Austria. Hungary, and Switzer- land. [By Ernest Lunob, J.U.D. Published for the Society of Authors.] THE contracts made between author and pub- lisher do not come within the provisions of the German Code of Commerce, apparently because German legislators did not frame their definitions of "commercial" contracts in such a way as to include them, although why they did not is not very clear. To have done so would undoubtedly have placed the business arrange- ments of a publisher with a poet on the same level as his arrangements with a printer, but the poet would hardly object to such an association in the eye of the law, if, as a compensation, the law, in a condensed, codified, and comprehensive form, extended to him its protection. In the absence of such protection, in Germany and in the countries that have either adopted or followed its commer- cial code, the author is at the mercy of such prin- ciples and enactments as may exist outside of the code, coupled with such special laws as may have been framed from time to time to suit his special circumstances. In this country we have not found jt neces- sary to institute a commercial code, bm had we done so, we should hardly have ac^ \ j 0ne ■which provided for the interpretation c ment of such contracts as the ^0. enf<>rc~" embraces, and at the same time (J1(j M^aB c° arrangements so nearly akin to them as those which a writer makes with the person who is to perform the more or less mechanical and com- mercial task of distributing his books. In con- sequence of the exclusion referred to, Herr Lunge has had to content himself with the citation and discussion of extracts from the special enactments alluded to, where they exist, and from text-books dealing with the subject in hand. Of such text- books we Deed hardly say that they are the works of writers whose authority is recognised and respected, but is not in any way binding upon those who preside in courts of law. He has compiled an interesting little work, technical, of course, but instructive to those who are acquainted with the position of English authors, and who wish to compare it with the conditions existing in other countries. As a preliminary to such a study we find a dissertation on the condition of book-publishing from the earliest days of literature to the time when printing from movable types was invented, and also during and immediately after that momentous period of its history. In this the author has had the advantage of studying the works of German writers who have brought their usual care and acumen to bear upon the subject, while they have had, in the case of Roman literature at least, some foundation upon which to build their theories. But it is a far cry from the day when Tryphou published for Martial to the days when printing was first invented, and even then, Herr Lunge points out, questions of authors' rights did not arise at once in the books produced under the new circumstances of production. The early printers turned their attention to the printing of the great classical works, and the labours of contemporary scholars were only rewarded by them when they had engaged them to revise and emend the texts of bygone genera- tions. Thus, however, the direct connection between writers and printers was established, though it was only a hiring of work by the latter (such, at least, is Herr Lunge's view), aud it was followed by the employment of printers by the authors of the day to produce their works, while the authors themselves undertook the burden of publishing them. The dealings of Martin Luther with the pro- ducers of his works are cited as types at this ])oint, and among the conclusions arrived at it is said that "to these types of contract we may trace the origin of a modern rule, according to which the authors may control the production and claim proof sheets, but must bear the cost e ^reasonably numerous alterations." With _ajd to this last instance, one is inclined to ## p. 180 (#224) ############################################ i8o THE AUTHOR. suggest that were printing and book-writing alike the inventions of yesterday, and a firm of pub- lishers discovered to-day, side by side with the house of an author, we should find the author to-morrow correcting his own proofs, and the publisher insisting on his paying if he made too many "author's corrections." Each is too natural and obvious a result of their mutual relations to require media>val ancestry to account for it. Publishing arrangements without a law of copy- right, and without a sufficient demand for literature or a sufficient prospect of profit from its production, must necessarily have been primitive; and, to show how slowly modern methods were developed even after copyright was recognised, Herr Lunge quotes Goethe, writing in 1824, to the effect that" Fifty years ago a contract for the future was unimaginable," and he goes on to point out that in the Prussian Code of 1794 there is no actual provision for the primary obligation of publishing—namely, that the pub- lisher should actually produce the work—although from some passages in the code it seems to have been taken for granted. Much of this code is still in force, we are told, while statutes dealing with publishing have, since been passed in Austria (1811), in the Canton of Zurich (1853-56), in Saxony (1865), in Hungary (1875), and Switzerland (1883); and the relations of author and publisher have from time to time been affected by passages in acts dealing primarily with copyright. As has been suggested, in considering the "Contract of Publication/' as Heir Lunge calls it, it is difficult to get over a feeling that it ought not to be in any essential point different from every, or any, other kind of contract. It appears to be the German view that the court has to discover what the parties intended when they came together, and an English lawyer would hardly dissent from this, although he might look askance at the 27.8th article of the German Code of Commerce, which enjoins upon the court the study of the contracting parties' meaning or wishes, rather than the exact criticism and interpretation of what they may have expressed in writing. That, at least, is how we read the article in quest ion; but, after all, a contract is a contract all over the civilised world, and where the parties have clearly expressed themselves no difficulty need arise. Where they have not so expressed them- selves, some people think that special legislation is needed to assist them; others do not. As Sir Page Wood aptly said in Reade v. Bent ley, "agreements between authors and publishers assume a variety of forms. Some are so clear and explicit that no doubt can arise upon them," while in other cases " it is much to be regretted that contracts should be framed with such uncertainty, when it would have been so easy to make them certain." Presumably, therefore, the statutes cited by Herr Lunge, and his quotations from standard writers, are intended to show the manner in which German tribunals will fill in the blanks left in publishers' agreements; blanks which are usually supplemented in our country by evideuce of custom, where admissible, while sometimes implied covenants are sought to be inferred from the nature of the case, either with or without evidence of custom to support them. For example, an English judge might be reasonably expected to infer that a publisher was bound to use diligence in procuring the sale of a work that he had contracted to bring out, while he might expect evidence of custom before he imported into an agreement silent on that point an obliga- tion to distribute copies for review, and to issue public advertisements of the work; or else he would require evidence that reviews and advertise- ments must necessarily be obtained before the publisher would be said to have done his best in the matter. In Germany and the other countries we are dealing with, it seems that such matters are provided for by statute, as Herr Lunge at pp. 50-51 refers to sections of statutes of Saxony, Hungary, and Switzerland, besides citing the views of Bluntschli, a writer to whom he makes frequent reference. It is while upon this branch of his subject that he tells us, that in case of litigation, the court will appoint experts to examine whether the publisher made due efforts to sell the work. On this point he gives as his authority two German writers, Dernburg and Stobbe, but possibly owing to the limited space at his command, does not inform us whether this power of the court is often made use of, whether it is of practical utility to the author, or what machinery is at the command of the court for enforcing its behests upon the " experts" and for remunerating them for their trouble. With us, we need hardly say, the calling of such evidence would rest with the litigants. At the commencement of his treatise upon the existing law, Herr Lunge gives some definitions which seem to curtail the dimensions of the subject he treats of almost unnecessarily. At page 1 y he limits the " contract of publication" to "the agreement whereby a person acquires from an author, or his legal successors, an ex- clusive right to copy a Work of literature or art, iind engages to procure and publish the copies at /lis own e.rjjcnsc and risk." Passing over the rest of this definition, and bearing in mind the last words of it, we come lower down on the page to the "essentials of the contract," the third of ## p. 181 (#225) ############################################ THE AUTHOR. 181 which is "publication at the publisher's own expense and risk " ; while below this we find three conditions that are described as "not essential," and one of these is " that the publication should take place at the expense and risk of the publisher alone." What this means we do not clearly see from the definitions only, but turning to a passage on the next page we conclude that the publisher must l)ear some part, possibly infinitesimal (as there is no definition of how much), of the cost of production; and it is there definitely stated that where a publisher contracts to bring out a book at the author's risk and expense the contract is not a "contract of publication." This would exclude such a contract from all provisions of the law that follow, such as, for instance, the pro- tection given by the power of the court, already mentioned, to examine into the amount of diligence used by the publisher in distributing the work. In these circumstances one would have expected Herr Lunge to state under what heading, whether of commercial contracts or otherwise, publication at the author's risk falls in Germany, Austria, Switzerland, and Hungary, even if he did not consider them to be properly called "contracts of publication." After considering the " essentials" of a " con- tract of publication," Herr Lunge proceeds to discuss its other conditions in the countries of which he writes. Under the heading " Nature of the Right of Publication " we are able to gather that an express assignment is necessary before the publisher can be held to have acquired the copyright in the work, and complete control over it, or the right of translation, or (in dramatic works) of public performance. His next headings, "Work Planned by Another," "Classification of the Contract of Publication," "Form, Validity, Construction," "Chief Restrictions," " Exclusive- ness of the Right of Publication," serve to emphasise the conclusion that codification and special legislation do not necessarily, to any great extent, simplify or make easy the position of those sought to be benefited. There are few matters touched on in these pages which are not in England matters of contract, either expressed or implied, and in Germany, &c, they appear, though in many cases their position as such is specially defined by law, to be as a rule matters of contract still. When we come to the next heading," Extent of the Publisher's Rights," the first few lines show that we are on less familiar ground. "The number of editions that the publisher is authorised to produce is usually fixed by the contract. But this point is frequently overlooked in settling the terms of the agreement. L4 ^js case the right transferred is presumed to one edition only, and the author's permission is requisite for every new edition"; while further on we find that this is not the case in Austria, where, unless an author has disposed of his work with a reservation, the publisher has a right to publish all editions. These and other pas- sages point to a practice of authors changing publishers, not on producing a new book, but during the run of a single work. One can recall such a thing happening in England, but pre- sumably it was in such a case a matter of special arrangement, and a publisher with us who had accepted and printed a book, even under one of the loose agreements unfortunately so often made, would be a little surprised to hear that he had not the option of continuing to do so, or that, unless he had conspicuously failed in his obli- gation, the same book could be passed on to another. Of "editions " and their limits a good deal is said at this point, and we notice that in Saxony an edition is "limited" to 1000 copies, which presumably does not mean that it may not consist of a lesser number. Both in this con- nection and elsewhere we find that German publishers are apparently, from a legal point of view, more under control than are their English brethren; whether they are so in prac- tice, or whether the inherent strength of their position enables them to contract out of their liabilities, we are naturally not told in a book that is merely an exposition of the law. A pub- lisher, for instance, may not "stereotype the work nor have the type standing without the author's permission or control," which looks as if the integrity of publishers was not regarded as capable of resisting the temptation to add sur- reptitiously to editions lawfully placed on the market. It is also laid down that the publisher "may issue no new edition or reprint without first offering the author an opportunity of making the necessary improvements," limitations being imposed to restrict unreasonable demands on either side. Besides the points already referred to, we find, under the heading "Performance by the Pub- lisher," various questions touched on regarding the printing, get-up, and general details of the carrying out of the publishing contract, from which, again, it seems that the publisher is by no means his own master where the contract is silent. They are details which with us would be included in a "reasonable" performance of the contract, and would be decided in accordance with expert evidence called by the parties. One is inclined, by the way, to wonder whether an obli- gation " to put the whole manuscript in print and suppress no part of it," to quote Herr Lunge's words at page 48, implies that a German pub- ## p. 182 (#226) ############################################ l82 THE AUTHOR. lisher may not elide matter which he is advised, after the work is accepted, may be r.sented by somebody as a libel. Recourse may aga;n be had to expert evidence, we find, where a doubt has arisen as to the proper amount to be paid by author to publisher, owing to none having been fixed beforehand, but the payment of the author is not necessarily to be interred merely from the contract of publication having been entered into. That a fee was intended to be paid may, however, be shown from the circumstances in which the parties contracted, from their previous dealings, from the nature of the work, or from the fact that the writer is known to work habitually for money. The questions affecting the assignment of the contract are all fully discussed, and may be studied with interest. Suffice to say, the contract seems to be regarded in Germany, as in England, as a personal one, and that in Germany, as in England, it is highly desirable to provide, in a written agreement, in the clearest possible way for any contingencies, such as the death or bankruptcy of one of the parties. Of bankruptcy Hcrr Lunge Fays, and we can echo his sentiment: "This chapter of our subject has neither in theory nor by casuistry attained a satisfactory development." A fuller appreciation of the contents of his little hand-book of the law of our neighbours can be attained to by those who like to read the book itself. II.—Notes on an Agreement. An agreement issued by a firm of publishers in printed form has within the last few months been placed before the secretary of the Society of Authors more than once for his opinion. It is an excellent agreement as far as the publishers' point of view is concerned; but, in case it should be presented to any other author, it will bo well to make some few remarks in order to show that it is not so advantageous to the author. The financial scale of the agreement is not touched upon in this article. It is an agreement which appears to be drawn up especially for the authors of technical and scientific works. Clause II. runs as follows:— The copyright in this work and translation b thereof, including all copyright, foreign and other rights under existing or future treaties or conventions with America, or other foreign countries, and under the Canadian Copyright Act, 1875, and any other present or future Indian or foreign or Colonial Act, and all rights of translation and reproduc- tion, and all other Imperial, Colonial, or Foreign rights which now or during the continuance of the legal term of copyright shall be or become appurtenant to the proprietor of the copyright of the work, shall be the property of the said publishers subject to the payment to the said author of a royalty of ... in the shilling on the retail price of all copies of the English edition sold beyond the first . . . copies, and one-half of any profits that may be realised from the rights of traLslation and reproduction, or any other Imperial. Colonial, or Foreign rights which now or during the continuance of the legal term of copyright shall be or become appurtenant to the proprietor of the copyright of the work, or from the sale of early sheets or stereotype plates of the said work to the United States or elsewhere. Provided that if it should be thought advisable to dispose of copies of the said work, or of the remainder, at a reduced price, either in England or abroad, which is left to the judgment and discretion of the said publishers, the royalty to be paid to the said author is to be calculated on the amount of such sales, instead of on the retail price of the book. It cannot be too strongly pointed out to technical writers, that is to say writers of scientific, medical, theological, educational, &c, works, that the sale of copyright to publishers maybe most disastrous. It is constantly necessary to bring works of this character up to date, as new discoveries are made and new facts come to light. For the author's reputation it is then necessary that he should be able to have the control of new editions of his book. This he cannot possibly have if the copy- right is in the hands of the publishers. It may be answered that the publishers for their own reputation would desire the book to be re-e:lited by the original author; but as the point is of so much greater importance to the author than the publisher, the control should be in the author's hands. It is possible also to conceive a case where the publisher might want to run a book from the pen of a younger and perhaps more popular author on the same subject. Possessing the copyright he could do so to the detriment of the first author and his work. In any event it should not be left in the power of the publishers to act as they like in the matter. Further, the publishers may if they choose sell the book at a reduced price (see clause), and the royalty is to be calculated on the net amount of such sales. A bond fide remainder sale is clear, but who is to determine what is a reduced price? The question is delightfully vague. With regard to this clause, then, it must be repeated that the sale of the copyright is absolutely prejudicial to the author's position. In addition he transfers all rights of translation, reproduction, and foreign rights. These rights, if they are purchased at all, are generally purchased by foreign agents by merely writing to the English publishers, and the ques- tion is rather one of agents' thau publishers' work. A great deal has been written in The Author about agency charges by publishers for this kind of work. It is merely necessary to repeat that 50 per cent, seems a very large proportion to pay for work which an agent will do for 10. In Clause III. the whole general management, production, publi- cation, and reprinting is left to the judgment of the publishers, and the author finally binds him- ## p. 183 (#227) ############################################ THE AUTHOR. self to allow the publishers to make any terms or refuse any terms with regard to translations, Ac., that they choose. As the publishers have asked for the whole copyright in Clause II., it is only natural from their point of view that they should ask for the whole management of the book in Clause III.; but even if the author has sold every right that he possesses, it would be as well if the publishers were compelled to contract so as to produce the book only in a certain form and at a certain price. It is certainly probable that the book would be produced in the best style, but these matters should not be left undetermined. There might at some future date be a transference of the copyright to another house, and it would then be impossible for the author, unless there was a clause in the agreement to that effect, to have any control over the manner of production of his book. Why, too, should the publishers be allowed to refuse terms for foreign sale, translation, Ac.? This is a natural corollary on the sale of the copyright, and only further emphasises the disas- trous effect of such sale. The copyright has been sold to the publishers. There is nothing from the author's point of view in the agreement to prevent the publishers alter- ing the book, abridging it, or otherwise dealing with it, so long as such alteration or abridgment does not constitute a libel on the author's literary reputation. Such a libel is an exceedingly difficult and variable quantity to ascertain. A clause ought to be inserted, whenever the author is rash enough to place all his copyrights in the publishers' hands, that the book should continue to be published without alteration except with the sanction of the author, and always with his name attached. It nrast be repeated that the sale of the copy- right, in the case of technical books, may prove in the long run a most ruinous step for the author to take. In a subsequent clause the author under- takes, in consideration of the royalties reserved, to edit new editions of the work and to bring the book thoroughly up to date. For this he is "•ffered no fresh remuneration, but, putting this question aside, the great objection to the clause as it stands, is that the publishers are not in any way bound to ask the author to re-edit the book, although the author binds himself to do so if asked. There is a lack of reciprocity. This point is of the utmost importance, as no author would care to have his book re-edited, when he would be able to undertake the task, bv anv gentleman whom it might suit the publishers' whim to ask. The publishers' answer to thi8 as in all these matters, is, of course, that they ^ ' 11 VOL. VII. "^u not think of doing anything contrary to the best interests of the book. This may or may not be, and the definition of "best interests " from the publishers' point of view may be, nay often is, opposed to the author's definition. Examples prove this true, but, whether true or not, such frank surrender should not be allowed in a legal document. There are some other minor difficulties in the same agreement, which are chiefly the outcome of the transference of the author's copyright. Clause IX., which is an account clause, is objec- tionable in that a book published in the month of January would have the accounts rendered at Midsummer and the royalties under the agree- ment paid in December, so that the publishers would retain the author's money and obtain substantial interest on the same in the working of their business for over nine months. In the second rendering of the accounts (they are rendered annually on the same dates, as already stated) they hold the same advantage of the author's money for nearly eighteen months. This practice of retaining the author's money for so long a period is, of course, very convenient for the business of a large house, and may represent a considerable increase in the profit. Publishers are at liberty to offer whatever agreements they think fit to an author, but what the Society maintains, and rightly, is that the author should have a full explanation of the consequences of signing such document set before him. Any member who chooses can by inquiry at the Society's Office have full particulars on this case. li_ G. H. T. III.—Pitts r. George. Considerable difficulties attend the recent judgment of the Court of Appeal in the im- portant copyright case of Pitts t». George (see The Author for December), in which Lord Justice Lindley and Lord Justice Rigby, dissentiente Lord Justice Lopes, overruled the judgment of Mr. Justice Kekewich in the Court below. Although the decision does justice between the parties, it seems very doubtful whether it is legally correct, and whether, in their desire to prevent an obvious injustice, the judges have not disregarded the plain words of a statute. The facts were very simple. The plaintiff was the assignee of the English copyright in a piece of music called "La Fileuse," by Joachim Raff, which was first printed and published in Leipzig, in November, 1870. The defendant bought, in October, 1895, at Brussels fourteen copies of this piece of music which had been printed in Leipzig, and imported them into this country for sale. An v ## p. 184 (#228) ############################################ THE AUTHOR. injunction was claimed by the plaintiff. By the ioth section of the International Copyright Act of 1844 it is in substance provided that all copies of books, wherein there is any subsisting copyright under that Act, or any Order in Council made thereunder, "printed or reprinted in any foreign country except that in which such boohs were first published" are absolutely prohibited to be impor- ted into any part of the British Dominions except with the consent of the registered proprietor of the copyright, and may be seized by the Customs officers ; and it is further provided that, in respect of the importation of such copies or of copies •unlawfully printed in any place whatsoever, an action on the case lies at the suit of the registered proprietor of copyright. It is obvious, therefore, that, if this section stood alone, the plaintiff in the case under discussion would have possessed no remedy, because the infringing copies were law- fully printed in the place where the work was originally printed and published. But the 3rd section of the Act of 1844 provides that all the enactments of the Copyright Act of 1842 are to apply to books included in the order under the International Act in the same way as if such books were first published in the United Kingdom, and the Court of Appeal has now decided that, by virtue of the 15th and 17th sections of the Act of 1842, the plaintiff was entitled to succeed in the face of the ioth section of the Act of 1844 above referred to. The effect (put very shortly) of the 15th and 17th sections of the Act of 1842 is the following: By the 15th section no person in any part of the British Dominions is to print copies of a book in which there is subsisting English copy- right, nor to import any copies so having been unlawfully printed from parts beyond the seas, the remedy being an action on the case. By the 17th section no person is to import into any part of the British Dominions, a book first composed or printed and published in any part of the United Kingdom and reprinted in any country or place whatsoever out of the British Dominions, and copies so imported may be seized by any officer of Customs or Excise. The 15th section obviously does not touch the case in hand, and if the 17th section applies, the provisions of section 10 of the Act of 1844 must be disregarded, which is the effect of the decision of the Court of Appeal. This seems open to criticism, mainly upon two grounds: (1.) If the decision is correct the ioth section of the Act of 1844 is absolutely nugatory, because every remedy thereby provided is available under the Act of 1842. (2.) The Act of 1844 is an international statute, whereas the Act of 1842 is an English statute, and it is a strange conclusion that inter- national rights are to be defined, not by the International Act itself, but by reference to an English Act. Moreover, it is quite possible to give effect to the incorporating section of the Act of 1844 without disregarding the ioth section of that Act, by holding that all provisions of the English Act other than those which deal with international rights are to apply to books included in the Inter- national Act. No doubt this will work great injustice in cases such as the present, but this is by no means an unique instance of an unjust result due to slovenly draftmanship of Copyright Acts, and it is not difficult to see how the error arose. The drafts- man of the Act of 1844 probably had before him the Act of 1842, and thought he would amalgamate sections 15 and 17, the result produced being the ioth section. It was observed, that, by the 17th section of the Act of 1842, there was no right to seize a book imported unless reprinted in some place out of the British Dominions, and hence no doubt the exception was introduced into the ioth section in favour of books lawfully printed in the place of original publication. This seems to be a simple explanation of the error, but the remedy should be found, not in applying a highly strained and (it is submitted) incorrect construction to the Act of 1844, but in remodelling the copyright statutes, which are generally admitted to be in a hopeless state of confusion. B. A. Cohen, 11, King's Bench Walk. IV.—Savage v. Neely. The fraternity of writers has found a champion in Col. Richard Henry Savage, who for the last six months has been waging war in the courts against his publisher, F. Tennyson Neely. Col. Savage first sued for an accounting under a royalty contract as to number of books printed and sold, to whom sold, and the amounts received therefor, the number of books on hand, and of damaged books returned, and the amounts of alJ charges and claims against the defendants and the nature of the same, and on an appeal to the Supreme Court, Appellate Division, obtained an order for the complete production of all papers, and also an order for the fullest personal exami- nation of the defendant before trial, all the books and vouchers being in his (Neely's) possession. On Sept. 2, 1896, Mr. Neely refused to produce the printing bills and complete set of account books as called for, claiming that the bills were mislaid or stolen; whereupon Judge Roger A. Pryor ruled him guilty of contempt of court in ## p. 185 (#229) ############################################ THE AUTHOR. not producing these necessary papers, and assigned the trial of his contempt only to Referee N. H. T. Melliss. This trial has had fifteen hearings, the defen- dant being forced by the court to pay all the expenses as a part punishment, and in early December a decision of the referee 'will determine the gravity of his adjudged contempt. Judge Pryor denied a motion to try the whole case on its merits before a referee, and the personal examination of the defendant will be resumed until everyone of the so-called missing or stolen papers has been accounted for, and every charge of the publisher's one-sided accounts verified on oath by the production of papers. The main accounts of Mr. Savage's eleven novels seem to have been kept on certain loose sheets which appear and disappear at convenient times. The main trial on the whole issue will occupy a year or more, and be heard in open court.—From the American Authors' Guild Bulletin. V.—Exaggeration or Authors' Rights. (From Das Recht der Feder, a fortnightly journal of the German " Sohriftsteller Genossenschaft." Amongst the "Observations on the Berne Congress," which we find in the supplement of the Allgemeine Zeitung, those have particu- larly interested us which describe the exten- sion of authors' rights, asserted to be demanded by the Berne Congress, as going too far, and as amounting to "exaggerations which would lead to the application to copyright of the ideas of property peculiar to Roman law; ideas which are in effect foreign to modern views of property, and have no status in Germany." We wish to reply to this, at once, and plainly, that there exists no question at all of an exagge- ration of authors' rights, but only one of an extension of time during which the author ■would receive benefit from his work ; and that this is what this remarkably officious ebullition attacks, because a compliance with the wishes of the Congress "would lead to making the profits of intellectual labour, for an exaggeratedly long period, a source of inheritance beneficial exclusively to the family which had the accidental good fortune to be directly descended from some celebrity, whilst the public were, for an equally long period, hindered from the enjoyment of his works." This allegation makes it plain that the officious writer had more especially in view the draft* of George Maillard, who recommended that the duration of copyright should be extended to eighty years after the death of the author. •See The Author, Nov. 1896, p. 140. (Translator'* . \ vol. vii. "riote.; In consequence we must conclude that this proposal does not meet with the approval of our Government, and we will ourselves admit that we are not uneasy about it, because the proposal is not one of any importance. The proposal arose merely out of a feeling that the Congress should labour for a uniformity of legal enact- ments respecting copyright. And, indeed, copy- right is a matter exceptionally adapted for inter- national codification; though a uniformity of enactments respecting it can be brought about only by means of compromise. A glance at the various enactments respecting the duration of copyright at present in force suffices to show how multiform they are. A smaller group of countries measures the duration of copyright from the date of publica- tion : Greece, fifteen years; Hawai, twenty; the United States, eighteen; allowing an extension of fourteen years; Turkey, forty; Holland and the South African Republic, fifty. Italy secures the author, besides an absolute copyright of forty years, a percentage, payable to the author or his heirs, during another forty years. The other States give the author protection for the duration of his life, and for a certain period afterwards reckoned from his death. Thus Eng- land gives seven years, with a minimum duration of copyright for forty-two years; Roumania, ten years ; Denmark, Germany, Luxemburg, Austria, Switzerland, thirty years; Belgium, France, Monaco, Tunis, Finland, Hungarv, Norway, Russia, and Sweden, fifty; Spain, eighty. Of these two systems of determining the duration of copyright, that which fully protects the author during his life, and reckons the further duration of protection from his death, seems the more practical. The reckoning is based upon universally known dates, whilst the other plan necessitates the introduction of registration. And Maillard's proposal, for this reason, adopted this system of reckoning. The countries in which it prevails, if we except England, Roumania, and Spain, fall into two groups. One of them gives protection for thirty, the other for fifty years after the author's death. Any one wTbo, like Maillard, was aiming at uniformity, must perceive that to extend the benefits conferred by legislation is easier than to diminish them. The group of countries which give fifty years protection, would hardly be dis- posed to abridge the limit. On the other hand the group of countries which give thirty years protection have already, in the example of those which give fifty, a good argument for approving of an extension of their limit; every limit of time being in itself nothing more than an arbi- trary enactment. Only two things are perfectly t2 ## p. 186 (#230) ############################################ THE AUTHOR. logical and consistent—either an absolute refusal of any protection, or a perpetual protection. In an arbitrary enactment the choice of this limit of time or that must be indifferent. It would be, therefore, a practical way of choosing to select that limit, which has the greatest prospect of being generally accepted. That is the limit of fifty years. Maillard in his draft took the longest term of protection at present existing, that of Spain. But in his study of comparative law at the Dresden Congress, he, on the contrary, proposed a uniform limit of fifty years. The proposal in his draft therefore refers simply to the position of the author's successors after his death; and we shall not regard it in any other light. But we cannot imagine what could lead any reform of the German law of copyright (unless it was to be absolutely subversive, instead of completely final) to reject the fifty years duration of protection, However, this officious writer informs us that "the family which has the accidental good fortune to be directly descended from some celebrity, would enjoy the fruits of his intellectual labour for an exaggeratedly long period, which is con- tradictory to modern legal sentiments." The social democrats and socialists will prick up their ears when they hear that. So, by-and- by, when thirty years after the death of the testator, landed proprietors are, by the national Legislature, deprived of the estates and tenures which they have inherited, and the holders of shares and stocks deprived of the property which has come to them in the same way, we authors shall have nothing to say against it, seeing that our copyrights are treated in this same manner. But so long as material wealth can be bequeathed exempt from all molestation, so long as the idea of property held by the Roman Law is tolerated by "the modern legal sentiment," in the case of every other sort of possession, so long we shall be unable to perceive why the author should be robbed of the intellectual fruits of his labours. This officious writer informs us, however, that this is because "the public advantage to be derived from intellectual works would be ham- pered." So, if Cotta* had to pay a honorarium to the surviving heirs of Schiller or Goethe, or if the Royal Theatre had to hand over a percentage for performances of "Faust," or "Tell," then Tom, Dick, and Harry would be hampered in their enjoyment of these intellectual productions. Certainly not! Tom, Dick, and Harry would have long ago had an opportunity, at school, to enjoy these intellectual productions, more or less. * The well-known German publisher. (Translator's note.) In the literary club they would have made some further acquaintance with them, and, as people who occasionally seek amusement in the theatre, they would there have indulged themselves further in the same enjoyment. All that would probably happen would, be that they would not have bought the "complete works " from Herr Cotta if he had not brought down his prices. That, at the same time would be a matter of no impor- tance, so far as the popularity of the works were concerned. It is not the size of the edition that popularises a work, but the warmth with which it is received. Notwithstanding the cheapness of the collected editions. I myself possess neither a complete Goethe nor Schiller. And as a fact I would never buy one of these cheap editions. But I will bet that I know more of Schiller and Goethe than thousands of people who have placed their " collected works" upon their bookshelves merely on account of their smart bindings, or for the sake of winning a repiitation for literary tastes. The numl)er of copies of a book sold has nothing to do with its reception by the nation. The nation assimilates the intellectual treasures of its great authors in many ways independent of mere reading. If the high price of a book deters people from purchasing it, there are still lending libraries, which give the reader what he wants for a small price. And there are public libraries, which meet the needs of those desirous of educat- ing themselves without any payment at all. But if any one is really of the opinion that cheap editions popularise the enjoyment of intellectual treasures, it is not thereby demon- strated that the lapse of copyright is necessary to make such editions possible. The honorarium paid the author has a very small influence upon the cost of the book. We have very cheap books which have brought their authors very large profits, and expensive books for which the authors have never received a single farthing. The price of a book depends upon the edition which it is possible to sell. Small editions, a high price; large editions, a small price; that will always be the rule. The publisher who has perceived that a book will sell well, will not hesitate for an instant about placing a cheap edition in the market, because lie will earn more by the wide sale than he can by disposing of smaller editions at a higher price. In consequence, the duration of the copyright, that is to say the prolongation of the duty of paying a honorarium, neither hinders an intellectual work from making its way to the heart of the nation, nor the production of cheap editions of the work. Thus the arguments for limiting the author's right to a given period fall entirely to the ground. This is also the more ## p. 187 (#231) ############################################ THE AUTHOR. true because, in point of fact, it i.s not the public that are benefited, but only those industrial classes who work intellectual productions for their personal commercial profit. They are presented with what is stolen from the authors. If it be, however, resolved that certain advan- tages attach to the practice of leaving the publication of books to the competition of the publishers, or the production of dramatic works absolutely free to the directors of theatres (as is done in Switzerland), the Italian law demon- strates that this by no means prevents the author's rights from being so far recognised that he, or his heirs, may receive a certain percentage from the commercial profits, even after the actual term of copyright his expired. Piracies and pieces upon which no percen ages have to be paid, are not put upon the boards with the aim of advancing the cultivation of the nation, nor in the interests of art, but simply with an intention of filling the manager's pockets. And the mere fact that the newer literary and dramatic produc- tions have to suffer sensibly from the advantage taken of these privileges, granted to the book trade and the theatre at the expense of the author, should be one more reason for extending in some rational manner the present duration of copyright, The period of fifty years can be justly demanded, and justly granted. M. H. VI.—Dramatic Representation in Italy. The following extract from our Italian con- temporary / Diritti d'Autore, the official organ of the Italian Society of Authors, which has just reached us, may interest some of our readers :— "Humbert I., by the grace of God and the will of the nation King of Italy. "Seeing that the tenth article of the Act respecting the authors of intellectual works of Sept. 19, 1892, No. 1012 (3rd series), fixes at eighty years the duration of the author's rights of works intended for public representation, of ballets, and of all musical compositions, and appoints that this period shall be calculated from the day of the first representation or of the publi- cation of the work; "Since the musical work 'II Barbiere di Siviglia,' by Gioachino Rossini, was represented for the first time on Feb. 16, 1816, and that in consequence it will, in accordance with the terms of the fore-mentioned article of the law, become public property on Feb. 16, 1896: "Since the Musical Lyceum of Pesaro is to a great extent supported by the income which it receives from the performance of the aforftmeii- tioned opera, and that this income will cease upon the work's becoming public property, thus impeding the maintenance of this noble institu- tion, founded by the munificence of the immortal Gioachino Rossini: "Whilst reserving ulterior arrangements of a more general nature respecting the reform of the law of Sept. 19, 1892, which are to be placed before the National Parliament . . . .; "We decree—the lapse of the copyright, appointed by article 10 of the law of Sept. 19, 1892, No. 1012 (3rd series), is, in the case of the opera 'II Barbiere di Siviglia,' by Gioachino Rossini, prorogued for two years, to be reckoned from Feb. 16, 1896." • •••••* On this decree / Diritti d'Autore makes the following observations:— The period of eighty years of the copyright of "II Barbiere di Siviglia," bequeathed by Rossini to the Musical Institute of Pesaro* expired on Feb. 16 last; and the honourable Barazzuoli, prompted by this fact, and urged by the repre- sentatives of the institution in question, as well as by other persons of influence, conceived, in con- sequence, an idea of proposing certain radical alterations in the copyright law. In the meantime, in order that the institute at Pesaro should not lose its rights to the work, the Minister obtained a Royal Decree, of the date of Feb. 10 last, by which the duration of the copy- right was extended for two years, or, more strictly speaking, the time during which the "Liceo " at Pesaro will be able to receive fees for the performance of " D Barbiere di Siviglia." It may be seriously doubted whether this pro- vision is strictly regular, or to be defended, if regard be had to the institutions of the country. It would be difficult to justify a Government which, without reference either to Chamber or Senate, promulgated a law whose whole scope was to benefit a single individual, no matter whether that individual be a person or an individual institution, by conferring on the individual rights which the existing laws did not sanction, whilst all the other citizens, who found themselves in precisely similar circumstances, were excluded from these benefits, even after the law has been made. A case altogether similar with that which occasioned the Royal Decree in question, recently- occurred in Austria, after the death of Richard Wagner. The Austrian law, of Oct. 19, 1846, accorded to the heirs of an author a copy- right of ten years only, for the representation or performance of a dramatic or musical work; the * Rossini's native town. ## p. 188 (#232) ############################################ 188 THE AUTHOR. time being reckoned from the death of the author. In consequence, the rights of the widow and sons of Wagner lapsed in Austria on Dec. 31, 1893, at a time when the repertoire of the celebrated master was still in great demand at all the theatres. Remonstrances were on all sides addressed to the Austrian Government, with the aim of averting so gross an injustice, and on April 26, 1893, a general laic was published with the assent of the two Chambers of the Empire, by which the copyright of dramatic representation was prolonged for all authors for two years beyond the period fixed by the law of Oct. 19, 1846. The only persons excepted were the managers to whom authors had ceded the right of representation for the whole period accorded by the previous law. This was the provision made in favour of the family of Wagner. His works were not to become public property in Austria before they did so in Germany and other States. But this provision was made by a general enactment, extended to all the inhabitants of the empire who might find themselves in a similar situation. Afterwards, by the new Austrian law respecting authors' rights in works literary, artistic, and photographic (Dec. 20, 1895, s. 43), the duration of copyright was extended to thirty years after the death of the author. On the other hand, our Royal Decree of Feb. 10, 1896, does not accord with the third article of the statute, which directs the legislative power to be exercised by the King and the two Chambers collectively. It is a law ud personam, and this may much weaken the good effects of the inten- tions that directed it. We know, in fact that the Court of Reports, united in session on Feb. 13 last, determined that the Royal Decree should be registered with a reservation of its presentation to Parliament to be converted into law. NOTES FROM ABROAD. IT is a curious circumstance about Norwegian litterateurs that they invariably take the first opportunity of leaving their fatherland, however great may be the enthusiasm which they display in writing of it in verse or prose. Of Ibsen's long self-imposed exile we all know. Bjornson is very rarely in Norway, in despite of all his patriotism. In fact, he told me at Thommessen's dinner that he never felt really at home outside of Rome, that Rome was the ideal home for the brain-worker, and that this was his conviction in spite of the fact that he has lived many years in Paris, for which it is generally claimed that it is the ideal dwelling-place for the artist; an opinion also held by Mr. Jonas Lie, the novelist, who spends his life there, with occasional excursions into the. forest of Fontaine- bleau. Bernt Lie, his nephew, on the other hand, who is also a novelist, sticks to Christiania, and maintains that there is no city in the world to compare with it. But Wilhem Krag, the young poet, dramatist, and novelist, who is Bernt Lie's friend, has Christiania in holy horror, and flies to Paris or Rome whenever funds permit. His work is very excellent, and he is looked on in Norway as the man of the future. I hear that the Verdens Gang is publishing, or is about to publish, Kipling's "Captains Coura- geous." To judge from its opening chapters, it is a story which will suit the Norwegians down to the ground, fishing: deep seas, boats, and strong and hairy men. "We hanker after action," said an editor to me, and indeed the thumb-twiddling pessimists of Christiania and elsewhere preach in the desert in their own country. Nansen and his crew have glorified action, and it is deeds, not mental phrases, that the Norwegians want to hear about. For the last two months the Verdens Gang, in the absence of Mr. Thommessen, has been run by three men alone. It is a daily paper, appearing twice a day. This will show that the Norwegian journalist has to work for his living, and hard. Competition is so keen, the public so small, adver- tising so cheap, that expenses have to be kept down. Even as it is worked, the profits of the Verdens Gang, the principal Left paper in Nor- way, cannot exceed .£4000 a year. Mr. Thommessen, the editor, is a remarkable man, a born journalist, who holds amongst Scandinavians the position held by Henri Rochefort in France. He is a writer of equal ability and an editor of great enterprise. He was first to publish Nanseu's telegram, and paid 1000 kroners for the privilege. His version contained much more matter than the one published in England. He has the best writers in Norway attached to his paper—Gunnar Heeberg, for instance, writes his dramatic criticisms. He gives an illustrated interview each week, which is written and illustrated by Christian Krogh, who is the first painter in Norway, and who writes with the wit and the verve of a boulevardier. The Verdens Gang is the only paper in Christiania which appears on Monday morning; the other editors observe the Sabbath by not working on that day, whence no paper on Monday morning. Thommessen proposes shortly to bring out a Sunday edition also, for he says it is needed. He is one of the ## p. 189 (#233) ############################################ THE AUTHOR. 189 best-hearted men living, a bon viveur and a delightful talker. One is very glad to hear that he has recovered from a very serious illness, which at one time threatened to be fatal. I am very sorry to hear of the death of Paul Arene, at the age of fifty-three. Many of us in Paris had a very high opinion of Paul Arena's work, and not very long ago Jean Richepin wrote in Le Journal to point out, with all his force and fire, what high claims were his to a seat in the Academy. Arene led a Bohemian life, and seemed to have a preference for the Latin quarter, but his talents were bright to the end. He will be missed in the republic of letters, for he was a sincere man and his art was sincere, and that is, now-a-days, a rare thing, when the prccieu.v ridi- cules rule the roast. French authors seem to be asking very ridiculous prices for the English rights of their books. I met a translator a day or two ago who complained to me that it was impossible for him to get hold of any French books for translation purposes, because of the absurd prices which were being demanded. He mentioned that one second-rate novelist had asked ,£800 for the English rights of one of his recent works, and there were other demands in proportion. Francois Coppee is so sympathetic a man that one is delighted to hear that he is at last achieving popular success as a novelist also. Of his last novel, "Le Coupable," more than twenty-four editions were ordered before publication, and it is selling well still. The ways of the Official Receiver in England are peculiar. A novelist of my acquaintance has recently received a demand from such an official for a sum of over £5 for corrections. The cor- rections were on a novel published by the bank- rupt firm for which the receiving was being effected. The amusing part is that the author had never received a penny of the substantial sum to which, under his contract with this firm, he was entitled. I have been reading Paul de Kock's " Memoirs" of late, and very interesting have I found thorn. The book is full of amusing anecdotes, mainly literary. There is one story about a dramatic author called Martainville which sounds incre- dible, but is vouched for by the writer. Martain- ville was a man of great talents, but, like many such, had little liking for work. He had been com- missioned by the manager of the Gaite The .Ire to write a pantomime, but could never be induced to bring the book. One day he was very hard up and went to ask the manager for a "bit on account" of the contract. The manager refused, saying that it was his experience that " jjjjg on account" never produced any work. "fi^, „ gai<j he, "bring me two acts at the end of the month and I'll pay you .£20 in advance." "You shall have them in ten days," said Martainville. In ten days he arrived with a roll of paper under his arm, untied the packet, and commenced reading. The manager and his partner were delighted. The dialogue was witty in the extreme, the songs and lyrics sparkling, and the situations most effective. "We shall have a run of 300 nights," said the manager, when the two acts had been read, "if the rest is as good." "Give me my 500 francs," said Martainville, tying up his packet. "Here you are. Bring the rest as soon as you can." "All right, bon jour." After Martainville had left, the manager opened the packet to have another look at the manuscript. The packet consisted of blank paper; there was not a line of writing to be seen. Martainville had improvised the whole two acts as he stood there. It was not till six months later that he supplied the written play. The manager found it very inferior to the improvi- sation. Robeet Harborouoh Shebabd. NEW YORK LETTER. New York, Dec. 15, 1896. GEORGE HAVEN PUTNAM, whose firm has for a great many years made a speciality of books on economic science, in conversation the other day about the recent Election, said that it not only made an enormous demand for campaign literature proper, but greatly increased the sale of standard books, even of the most serious kind. For instance, William A. Shaw's "The History of Currency" sold during the summer by hundreds. What interested Mr. Putnam, even more than the effect of the Election on the sale of books, was the effect of books on the result of the Election. The con- ditions here, he said, were so unlike those in England, that the whole method of reaching the pubhc was different. In the publication of economic books he has always limited himself to those in the doctrines of which he believes, and he takes a strong interest in their effect on the people. To have a book reach the provincial papers in England, he said, was a comparatively simple thing. If it was reviewed in the Times, the Daily Telegraph, the Daily News, and a few other London papers, it was seen over the whole of Great Britain, whereas, however fully a book might be noticed by all the papers in New York, it would not reach Arkansas and Texas at all. Therefore one of the ways the publisher ## p. 190 (#234) ############################################ THE AUTHOR. takes to reach the remote parts of the country is to give copies of his books to the correspondents in New York who write letters on the literature of the day to hundreds, or even thousands, of paj>ers throughout the country. Another method is to give to the editorial writers, who sometimes mention the books in their editorials; and still another means, of growing importance, is to give to college instructors. The demand for books on economic subjects from the colleges is rapidly increasing; every course in history and political economy has a long list of reference books to be consulted by the students in connection with the regular text books of the course, and in these lists lies a large opportunity for the publisher. Books are also given to the committees of political societies, and during the Election an enormous amount of missionary work was done in this way. Mr. Putnam himself was a member of the litera- ture committee of the Chamber of Commerce. He said that from all this work there is to the publisher no very direct return, but that the reward does come in the end through the increased de- mand for sound economic books. The second volume of Mr. Putnam's "Books and their Makers during the Middle Ages," which is just appearing, deals in its closing chapters with privileges, censorships, and legislation in Italy, Germany, France, and England, and with the development of the conception of the literary property. Another book of immediate interest to New York, which has the question of trans- jjortation for one of its most difficult problems, is the 89th number of the "Questions of the Day" series, " A General Freight and Passenger Passage," by James L. Cowles. The Bill to stop dramatic piracy, which has passed both houses of Congress and seems almost certain to become a law at this Session of Congress, gives much satisfaction to our dramatic authors and managers, although they wanted more than it gives them. The effort to secure legisla- tion to prevent country companies from stealing plays has been carried on for years against the most discouraging indifference of Congress and the public. The probable final success ■ is one of the signs of the gradual education of the country to the truth that the people have rights even in the productions of their brains. William Gillette, prominent here as a writer of plays as well as an actor, said to me the other day that the attitude of almost everybody in Congress was: "The people like to see your play. The more com- panies that give it the more widely it is seen. What is the sense of passing laws to keep it from being played'(" Against such elementary opinions it has been almost hopeless to contend. Mr. Gillette also emphasised what has been felt by writers for a long time, that the right to collect damages for piracy and the right to get an injunction are no protection at all in the small places, because the men who produce the plays are so irresponsible that a judgment would be worthless, and because the injunctions have held only in the district where they were issued, so that when a manager is forbidden by the court to produce a play at any one-night stop, he simply appears before the curtain and says to the audience that another play will be given instead, and then he passes on to the next town and gives the pirated drama, unless an injunction is also waiting for him there. The present Bill pro- vides that the injunction of a Federal court may be enforced in all parts of the country. The Bill is not as stringent as the laws of England and France, and the dramatists and managers wished to have a violation of the copyright laws made a misdemeanour, but in that they failed. Mr. Charles H. Hoyt, the manager and playwright, said that he had lost 250 dollars a week on one play, "The Texas Steer,'' on royalties, simply because the pirate company had stolen the piece and gone into the territory where his company was to appear. The stealing was so shameless that press clippings were frequently sent to him inviting him to go and see the pirate performance if he wished to learn how the play ought to be given. Sometimes the pirates would take both the play and the name; sometimes only the play, and sometimes only the name. The trouble is mainly in this country, but not entirely. Mr. Gillette said that a friend of his recently in London stepped into a small theatre to see a play, the name of which was unfamiliar to him, but he soon found himself at a representation of Mr. Gillette's best-known drama, "Held bv the Enemy." The Chicago literary atmosphere loses a good deal this year from the absence, not only of Hamlin Garland, who is in New York, but of Henry B. Fuller, who shares with him the first place in Chicago, and who is going to spend the winter in Italy. He made his reputation at one step by the publication of a novel, " The Chevalier of Pensieri-Vani," which succeeded on account of its delicate reproduction of the Italian atmosphere, although all the author knew of Italy had been gained in Chicago. A recent addition to the new literary set of Chicago is Mrs. E. W. Peattie, the author of a book of short stories called " A Moun- tain Woman," who has just come there to live from Omaha. A few months ago Eobert W. Herrick, a Harvard graduate of 1890, returned from his first European trip to take up his work at Chicago University. The Scribners will soon publish his first novel; they have already j>ub- ## p. 191 (#235) ############################################ THE AUTHOR. 191 lished a number of short stories. During his college days he was looked upon as the most thorough Eastern member of his circle in temper, ament and prejudice, but, like many of our young literary men, he has felt the charm of Western possibilities, and his work has improved rapidly under their influence. He came back this fall from Europe feeling only upset and confused by what he had seen there, and willing to settle down for a long time to do literary work with Western material. Copelaud and Day have just published a book of verse by a class-mate of Mr. Herrick's, Herbert Bates, who went to the Far West to teach, but could never suit himself to his environment, and has now returned to New York. He expressed his longing for the East in the title of his book, " Songs of Exile," a pretty volume, one of the attractive "Oaten Stop" series in which these young publishers are giving expression to the minor poets of the country, many of whom deserve to be heard, at least for a moment. Mr. Bates is among the best of them, without a strong voice, but with a sweet one. Speaking of the rather surprising number of young poets from west of the Mississippi, the Nation in its last issue said, " There is a steady supply, from what may be called the Bryan region of the country, of poetic volumes which have a certain promise and a certain pathos. There is in them a genuine love of nature, with a fair amount of local colouring in that respect. There is a good deal of the romance of domestic antiquity; of The Old Farm and The Clock that Father Used to Wind. There is also a good deal ot James Whitcomb Riley. There is much of encourage- ment in them, however, to the patriotic and patient spirit, which is checked only when they occasionally strike a false note and indulge in rhapsodies about 'dead Guenevere' and 'a glove of mauve.' The same paper pointed out that the faults of these Western minor poets are mainly in the direction of turgidity, but the Eastern States, with less of that, have more of the kind of affectation which is usually borrowed from the French. The increasing interest in school matters all over this country during the last few years finds an illustration in the fact that for the first time one of our most distinguished men of letters has undertaken to get out an edition of a text-book. George E. Woodbury, equally eminent as a poet and as a critic, edits Tennyson's "Princess" for use in the schools, in the series of English classics which Longmans, Green, and Co. are publishing under the general direction of pr0. lessor George R. Carpenter, who has secu^j ag editor for each book a man of some position rfhe VOL VII.' same firm is about to begin a series of books on the practical workings of the functions of State and society, with especial reference to American conditions and experience, entitled " The American Citizen" series, to be under the editorial direc- tion of Professor A. B. Hart, of Harvard, who is himself to contribute the volume on "Actual Government as applied under American Con- ditions." Norman Hapoood. NOTES AND NEWS. EEADERS will find, in .the Correspondence of the Month, a letter by "Annabel Gray," in which a general charge is brought against the Press. It is that good reviews can be, and are, purchased by advertise- ments. The Author receives and publishes letters of every kind from writers—even when these letters betray prejudice or ignorance. It may be that a certain number of people do hold the absurd belief that a great paper is influenced by the money spent in its columns. Let the belief be spoken out, not whispered. The sooner such an opinion is published the better. Those who know anything about a great daily paper, and especially those who have from time to time written critical papers for its columns, know per- fectly well that the question of advertisement never enters into the reviewer's mind at all, and cannot possibly do so, because he knows nothing about the advertisements. The book is given to him, and he is entrusted with the simple responsi- bility, without any other consideration whatever, of giving his critical opinion on the work. Among the schemes of the Reverend Brooks —" poor minister and author "—was a Home for Authors and a "National Bureau of Social Life and Literature." Neither scheme has succeeded. The Home for Authors was intended, we pre- sume, to be conducted on much the same lines as that other home on the Battersea side for decayed, unsuccessful, and strayed dogs. There would be a lethal chamber in it, at the service of any inmate after the lapse of so many days. A Home for Authors! For what authors? The young—the hopeful—the old—the hopeless —all would probably crowd into it. A thousand pities that so useful an institution could not be taken up. Now that Mr. Brooks has failed, I venture to commend it to the committee—the Publication Committee—of the Society for the Promotion of Christian Knowledge. They could maintain their authors in such a Home on econo- s ## p. 192 (#236) ############################################ 192 THE AUTHOR. mical principles—porridge is nourisliing and cheap—such as would allow a still further retrenchment of prices; and the lethal chamber would be a most comfortable retreat for them. As for the "National Bureau of Social Life and Literature," one is staggered at the immen- sity—the audacity—of the conception. Social Life and Literature! Does it mean to meet the Regius Professor of History, and a dance small and early? Does it mean dinners at which the authors of the "penny dreadful" v. ill sit with and between the highest aristocracy of the land? Indeed, one knows not what was meant by this great philanthropist. Perhaps he may yet succeed in establishing his National Bureau. I am very sorry to learn that the Guild of Literature and Art is to be wound-up. A history of the society, extracted from the Daily Chronicle, will be found on another page. Why did the society fail? There were several reasons. In the first place its managers could not make people understand that literary and artistic folk may be very clever, and may even provide the world with the greatest possible delight, but may at the same time be very poor, may break down prematurely, may be most deserving of a pension. The efforts they made to persuade people to this effect proved useless. They had to face the prejudice, which still exists, that literary and artistic people are thriftless—that they receive immense sums, that they spend everything on oranges and skittles, and that to help them is a foolish waste of charity. Better help the stupid poor than the clever poor. Then the possible recipients of the pensions, seeing how small was the amount collected, lost interest and belief in the Guild, and gradually withdrew. Out of their slender funds the trustees have from time to time made small grants, doing, in fact—in a small way —the work of the Royal Literary Fund. Now the money has to be divided between the Royal Literary Fund and the Artists' Benevolent Insti- tution. It is a pity that our society is not to receive the whole. An Association which has run up the value of literary property so enormously surely does more for Literature than one which helps authors in need, and has already abundant funds for the purpose. There has been an interesting little discussion in the Daily Chronicle which involves nothing less than the right (?) of a publisher to alter the words of an author or a translator. It is most important than this question should be settled by the Courts. Mr. Lee's case, remained like a famous tale, half told. 1 trust that the Committee, whenever they get such a case, will at once bring an action and have it tried. In the case before us the facts are not denied. Mr. Alfred Sutro had arranged with Messrs. Henry for a translation of Maeteriinck's "Seven Princesses" for this year's "Pageant." He did the work; submitted it to M. Maeterlinck, who made certain corrections; and sent it in. When the book came out he found that his translation had been altered everywhere: sentences put in; sentences struck out in the proof, re-inserted; yet his name still appearing as the translator. The answer is that the translator had not said that his work was approved by the author, and that an "expert" was put on to restore the original text. The rejoinder to this, however, is that neither publisher nor editor has the right to alter a word of a signed paper or a signed work. And this is the point which we wish to get estabbshed. If the law gives the publisher or editor such a right, we should have to contract out of that right. It does not appear that the alterations were made in anything but good faith and in the desire to be accurate, so that the only question in the case is the right of the publisher or editor to alter or add or omit anything in a signed paper. Mr. R. W. Gilder has been talking about the work of an editor. To be the editor of a great monthly magazine, I have always thought, must be to occupy a most laborious and difficult post. A magazine is a receptacle for every kind of rubbish: one has to wade through the rubbish in order to pick out the good work which may be lying in the midst of the pile. To read MSS. all day long would be to some men simply madden- ing. But the old-fashioned notion that a maga- zine must be made up wholly of voluntary contri- butions is being gradually abandoned. The best and most popular magazines are those whose contents are carefully arranged beforehand; and the most successful editor is no longer the man who can most readily discuss literary worth, but the man who can tell beforehand what the public want to read about and knows where to get it. And the magazine filled with voluntary contribu- tions just thrown in is nowadays on the down- ward grade. ^ In the last century there was a magazine which knew what people wanted to read, provided it for them, and flourished mightily in consequence. This was the Town and Country Magazine. The proprietors, or the editor, saw that people desired to read about fashion and the world of ## p. 193 (#237) ############################################ THE AUTHOR. '93 fashion: that they also desired to read about the scandals and the amours of the great world. Therefore the readers of this magazine were pre- sented every month with a paper called "Bon Ton," in which were narrated the love passages of two pretended personages, accompanied by imaginary portraits. These articles were fur- nished for more than ten years, month by month, by a certain Count Carracciole, of whom I know nothing more. He died in 1792; his continuator failed in making the portraits re*l, and the magazine toppled and fell. Yet the circulation had reached 16,000. It is the same thing to-day. The magazine which studies the tastes of its readers, whether they are cultured readers or the reverse, gets on. oi_ Mr. Cecil Clarke sends a letter on paying for the first book. What he says is much to the point. It is useless to argue with a man who has a poem or a novel which he wants, above all things, to publish. He wants a chance—the chance of being heard. It is no use warning him that he will only lose his money; it is no use pointing out to him the truth, that printing his book will not give him the chance, becau e, in all probability, no one will buy the book ; no one will order it ; no one will read it. A poetic friend of mine, some thirty years ago, paid for the publica- tion of his poems. It cost him about ^£30. There was a contemptuous notice of it in half a dozen lines in one paper only. The number of copies sold to the public was three. Did that man get his chance of being heard? Printing, observe, is not publishing, as those who pay for the printing of their books generally discover. I have been reading in a paper called Hearth and Home a very clever vindication of her own posi- tion by a lady who acts as critic for that paper. Miss Frances Low, the lady in question, who signs her paper, lays it down as a rule which people ought to understand, viz., that opinion is not criticism. A reader says, "I like this book." Very well: why do you like it? What are your standards of criticism? Why should anyone be influenced by your opinion? Miss Low says, "The average reader is no more competent to express any criticism of any value on literature than the average spectator on art." This is per- fectly true, but it is impossible to persuade people that it is true, and that their opinions are valueless. A literary critic, she goes on, must possess "taste," which is the same thing as saying that a musical critic must possess an ear. Now, "taste'.' cannot be got by any amount of thought, but it may be cultivated by study of the great masting of literature—by long study, and, as I ventu <> to think, by personal attempt and effort. For instance, it stands to reason that there must be always something wanting in the art criticism of a man who does not know by actual personal experience the difficulties of drawing and paint- ing; the way that effects are produced, the real triumph over difficulties. So the literary critic who has never essayed to build the majestic ode or the tragedy, or even to construct and write a story, can certainly never do full justice to the result where the writer has actually achieved his intention, nor can he find out where the difficulties have proved too great for the artist. There are two difficulties in the way of Miss Low's teaching being accepted. First, the fact that some editors still believe that the office-boy is as good as any- body else for the post of critic, whether of literature, art, music, or the drama. The other difficulty is that the individual opinion will still continue to guide the world. Quoth one to another, " I like this book." Then the other reads it, and likes it too. And so the book is handed on, and the writer gets into vogue and the voice of the critic is unheeded. I have often thought that the critic ought to take into account, as a factor in the case, the popularity, or the reverse, of the author. Why does one writer achieve popularity at a bound and another fail altogether—other things being appa- rently equal. Miss Low, it appears, has spoken of a certain unnamed writer as theatrical, false, and vulgar. Yet he is popular. Why? Because he is theatrical, false, and vulgar? Those who admire him do not recognise these qualities in him. They are attracted by other qualities—else why are there so many books, theatrical, false, and vulgar, which fail utterly? and why are there so many books, neither theatrical, false, nor vulgar, which succeed? It is surely the duty of the com- plete critic to explain popularity or attractiveness. Is it the style? Perhaps. The popular book is a book which may or may not be those three adjectives; but it must have the power of charm- ing by way of presentation, by brightness of dialogue, by reality, by vividness. The writer must believe in his book or his readers will never believe in it. Is there not also something of the personal element? In poetry, the drama, fiction, one sees the writer behind the page, and if he reveals a pleasant, genial, generous personality, his readers speedily get to love him, and through him his books. But these remarks are only submitted for the consideration of the complete critic. The Manchester Guardian, in calling attention to the numbers of books of 1895 as published in ## p. 194 (#238) ############################################ 194 THE AUTHOR. last month's Author, takes exception to the classification which enables Germany, France, and Italy each to show double the number of new books that Great Britain or the United States has produced. It is an exception which must be recognised. The number of new books ought not to contain every little pamphlet, reprinted article, and degree thesis that passes muster in these three countries for a book. In fact, if we reckon as books only those which appear in the daily list of a few newspapers—which is, indeed, all that we need reckon, for the rest are books which are not lx>oks—the yearly list of all books in Great Britain is very much smaller in number than that given in The Author, viz., 6516. I propose this year, beginning with Jan. 1, to have a list compiled from the London daily papers alone which will give all the books of the least importance as literature. Such things as trade lists, pamphlets, &c, " books that are no books," as Charles Lamb said, will not appear; nor will the schoolgirl goody books appear, even as juvenile fiction. I think that in this way we may arrive at a greatly improved list of our own books: at the same time it will become still more difficult to compare this list with that of Germany. Mr. George Putnam's estimate as to the readi- ness and ease with which a book can be brought to the notice of the people in England (see " New York Letter," p. 189) will hardly be accepted by those who have studied the question in this country. He says that if a book was " reviewed in the Times, the Daily Telegraph, the Daily News, and a few other London papers, it was seen over the whole of Great Britain." Nothing of the kind. Certain London papers do, as a rule, go over the whole country, to clubs and country houses, but they certainly do not reach the people. The local papers must be used in order to reach them. The true way to put it is that if the people are to get hold of a book it must be intro- duced to them by the local papers, reviewed by the local papers, advertised in the local papers; and I do not think there is very much difference in this respect between Bolton or Wipan and Arkansas. It would, however, be interesting to know how many copies of the great London papers do get beyond twenty miles of London, not including those taken by hotels and clubs. Mr. Gladstone's views on the collection and buving of books must be interesting, if only for the lengthened period during which he has been a collector. In his recent letter to Mr. Quaritch on the subject (Academy and Times) he says that he has bought about 35,000 volumes. Among the books in his possession he mentions a copy of Hannah More's "Sacred Dramas," given to him by the author in 1815, when he was only six years of age; a copy of Hallam's "Constitu- tional History" in quarto, given him bv Arthur Hallam; early and original copies of Scott's novels; and a collecti m of Prayer Books with suggested alterations—there are thirty of them, and not one in a second edition, yet the publica- tion of the book no doubt made the improver extremely happy. Mr. Gladstone complains that the binding of books is dearer than it was when he was young, and not so good. Perhaps that is so, but the improvement in bookbinding, both in artistic taste—materials, colour, decoration— and in the case of opening a book, has been enormous. Many quite cheap books are now turned out in a style not possible ten years ago. He says that book buyers have immense advan- tages over their predecessors in accessibility and cheapness; that the secondhand trade has been enormously increased; and that the " public spirit of many publishers" has been in favour of book buyers. Here Mr. Gladstone seems to confuse things. It is quite true that the buying of new books is much cheaper than it was fifty years ago. At the present moment six shillings is the favourite price for the book of essays, of imagination, of criticism. This six shillings means four shillings and sixpence: because publishers are beginning to find out that it is better to trust the public than to confine themselves to the libraries. In another five years the 4*. 6d. book will have become 3s. 6d.; in five years after that 2*. 6d. But as regards the buying of secondhand books, which is the point considered, there may be more shops, but there are fewer bargains. Secondhand booksellers are not only more numerous, but they are also more learned in their trade. The two- penny basket no longer contains treasures; if a man has got a valuable book he has had to pay for it. However, it is pleasant to find the veteran of book collectors talking pleasantly about his hobby. Miss Ellen T. Masters, of 4, Mount-avenue, Ealing, has received the following sums on behalf of Mrs. Eliza Warren since the publication of the last list, and a total of <£6o 16s. id. has now been reached :— £. «. d. Beard, Mrs o 5 o C. H. S. (per Editor of the Epicure)... 050 Kelly, C. A. Esq.... 1 1 o Eitton, Miss (2nd donation) .. o 5 o £. s. d "Rachel " (per Miss Bowsell) o 10 6 Walker, Mrs 1 o o Whiteley, W., Esq. (per Miss Bowsell) 050 Walter Besant. ## p. 195 (#239) ############################################ THE AUTHOR. THE BOOKSELLEBS' GRIEVANCES. AHINT or two may be useful, showing how these things are managed abroad. Also there is one particular hardship of the British booksellers which so far has not been mentioned. 1. There are no discount hooks abroad. It was stated in The Author the other day that the discount book must continue, because the public would never give 6*. for a book they can get at 4*. bd. It stands to reason that the public prefer the cheap book to the expensive one, and it is in the interests of national education that books should be cheap, but why not call a spade a spade? Is it not a foolish, even a hurtful pandering to that love of a bargain which works such mischief in other directions, if the buyer is allowed to imagine he has the book he wants cheaper than it is really worth f If it is to be sold at 4«. bd., then advertise it at 4*. bd. This, at any rate, is done abroad. 2. The German publisher allows the bookseller a uniform trade discount of 33 per cent. Of the 4*. bd. book, therefore, the German bookseller has not fourpence, but eighteenpence for his own share. Obviously it is worth his while then to lay himself out for the sale of books. 3. Publishers allow him other facilities, notably that, as a rule, he is not expected to run any risk; they allow him as many copies as he asks for " on sale," there being a general annual settling time between publishers and booksellers in Germany, after the great Leipzig Book Fair, more correctly called the annual conference of the trade. Unsold copies go back to the publisher, he only requiring such to be returned in good condition.* Of course there are exceptions; a publisher may announce certain books for cash down only, but they are the exception. 4. Publishers and booksellers in Germany enjoy the same social position. I have seen a pub- lisher's circular addressing the booksellers as "Gentlemen Colleagues," and not in mere phrase only. Both are Buchhiindler alike, the former being the Verlags-Buchhilndler (publishing or issuing book-trader) the latter the Sortiments- liuchkindlcr (retail book-trader) — they are neither more nor less than "booksellers" both of them, with a common interest; and both are * It should perhaps be noted that the German Parcels' Post carries ten pounds weight for sixpence all over the Empire, and for threepence within fifty miles, which facilitates the constant transmission of books between pub- lishers and booksellers. A publisher need not always wait till his books come back; he may call them back from 0. slow neighbourhood and send them where he knows the*, ia a demand. re w educated men, educated with a view to the real knowledge of books. 5. Under this system the German publisher does not need to do mu:h advertising. He issues his circulars to the retail booksellers whose busi- ness it is to make books known; and they make them known, each bookseller in his own locality— not by "Pears' Soap" advertisements, but by personal interest. Here the country bookseller, unable to make a living, is almost a defunct species; in Germany every little country town has a well-stocked bookshop, the new books laid out in the window. 6. The German bookseller has no need, like his confrere here, to eke out a living by Christmas- cards and knick-knacks, not even by means of stationery. The stationer in Germany does not sell books. The only articles you ever find in a German Bttchhandhmg, besides the books, are photographs and engravings: and these not always. A Buchhandlunr/ is sacred to books; on entering it, though it be a "shop," you enter an atmosphere of literature, a library in fact; and you would nev. r accost the salesman before you otherwise than as a gentleman, viz., as a man of the culture which befits him. You hardly ever find more than two or three customers at a time in a Gtrman Biichhnndhtny, these having a chance then of being properly attended to, both in their own interest and (if one may say so) in the interest of books in general; if so minded, they can have no end of information, often valuable information, at the bookseller's hands. Here, if you want a book (especially at Christmas time when authors would like their books to ba w^ll to the fore), you find yourself cheek by jowl with a jostlin; crowd of buyers of Christmas-cards and fiddle-faddles, the poor book being lucky if it gets in edgeways. Men are what we make them, and is it likely the British bookseller (a few exceptions, of course, taken for granted) will ever rise to the true interests of literature, so long as we allow him to make his real living by means of stationery, flower-vases, and pretty trumpery which catches the eye? To the trumpery he will, he must, d vote his energies, for it is his living. 7. As to the practical results of the foreign system, the German bookseller, as a rule, is a well- to-do man; and publishers have never been known to starve, not even in the Fatherland. German authors, as a class, certainly have not yet awakened to the defending of their interests as British authors have. Authors' honorariums often are poor in Germany j for the matter of that, they can be poor here. Of my own personal experi- ence I am able to state that even as a beginner I have had 12 and 15 per cent, royalties in Germany ## p. 196 (#240) ############################################ 196 THE AUTHOR. for my own work, and 20 per cent, for transla- tions, concerning which I acted for a well-known English author. These translations have sold in many editions, leaving one the satisfaction that if the publisher had his fair gain, the booksellers certainly had theirs (one-third of the published, i.e., nett price), author and translator at the same time not going empty away. I know for a fact that the booksellers in the case of these transla- tions have been most active, and there was never any advertising worth mentioning. The other day I happened to want a certain five-shilling book. The book is issued at a certain place in the City; but, of course, if I want any book I am not going to spend eightpence on even a third - class railway ticket and additional omnibus, besides the wear and tear to one's health and clothes, not to mention trouble and time. I go to a bookseller, giving him my order, and—such is human heedlessness—I never for a moment think of the eightpence I am inflicting on him. Of course, if he be a thriving bookseller, enjoying the chief custom of the locality, he may have half a dozen, or a dozen orders together with mine, and the eightpence falls into proportion. But what of the small stationer, who also would like to live? This is what happened the other day. I gave my order to a small bookseller, having a fancy for the humble shop where any additional order is a godsend. •' How soou can I have the book?" I asked thoughtlessly. "To-morrow evening," says the obliging stationer. Accord- ingly the following evening I looked in for my book. It had just arrived, i.e., a parcel had just been brought from the City by the stationer's own messenger, containing two other books besides mine. "It is a five-shilling book," I said, "and I think, nett." In order to make sure, the stationer produced the invoice, and, being a simple person, even showed it to me. "So you make sixpence on this book for your- self?" I said, " this is interesting." "Yes," says the stationer; "but only because it is a nett book." In fact the stationer's earnings on the three books in that parcel were tenpeuce. "And you have sent to the City for that, spend- ing eightpence on fares, leaving you twopence on these three books for sole gain?" "Yes; and if the books had all three been discount books,* we should have been out-of- pocket—we often are." * This being the point. The above-named five shilling book being a special publication should not, one would hope, stand as an example; surely nett priced books, few and far between though they are, are calculated to leave to the bookseller more than 10 per cent't The point here is that three discount books can leave a bookseller out-of-pocket. Now, surely this is iniquitous, and this is how the system works with small booksellers. They take your order for a book, though it leaves them a loser, their one hope being that you may require a packet of notepaper at the same time, or be caught with some fancy article on the counter you do not really want. A bookseller in the same locabty—and it is a populous, even supposed to be a literary, neighbourhood—who for a couple of years has tried to live by books solely, has just shut up his shop, having "failed." Is it in authors' interests, or, indeed, is it in the interests of literature, that this state of things should continue? Hints have been thrown out in the Author now and again that authors might rise independent of the present system. And why should they not? In that social state of the future which, as some think, sooner or later must evolve out of present confusion, the State, in the interest of the nation, will be sole purveyor of literature. There are unconscious beginnings of this in Germany even now; the State even now in Germany, by means of the Imperial post-office, being almost sole dis- tributor of newspapers, and largely of periodicals. You leave your orders at the nearest post-office, and your daily papers, or weeklies and monthlies, are brought to you by the postman with your letters. To be sure, this might end in dispensing with the booksellers rather than with the pub- lishers, which is not at present aimed at; yet it shows how throughout a vast country matters can with advantage be simplified in the hands of one agency. It does away, at any rate, with one great nuisance familiar in British streets, where half-starving boys and girls, nay, men and women, are permitted to cry their lungs out through fair weather and foul, in order to make a wretched penny or so, for perhaps an hour's crying. News- paper proprietors become miUionaires with the assistance of this voluntary labour on their behalf; the heedless public get their papers free of distributing charge; the ragged street news- vendor going to the devil. In the hoped-for state of the future, poor folk who now half starve for our convenience would find something better to do. In the meantime why should not an association like ours, of over a thousand men and women, make a beginning towards a better state of things? being our own publishers, and seeing to justice all round. Authors have the grandest of all callings in being the educators of the public mind. Why should we not, as a Society, set about it, having a care that books be cheap as well as good, produced and sold by fair play? Julie Suttee. ## p. 197 (#241) ############################################ THE AUTHOR. 197 THE GUILD OP LITERATURE AND ART TO BE WOUND UP. "nnO-DAY is the latest time for depositing I private or local Bills to^be proceeded with during the ensuing Session, and among those to be handed in is one to which a melan- choly interest attaches. It provides for the winding-up and dissolution of that Guild of Literature and Art, which was originated at Knebworth as long since as the end of the year 1850. "Dickens threw himself into the scheme with his accustomed energy, and made great exertions to secure its success. Writing in 1850 to Bulwer Lytton, he said: "I do devoutly believe that this plan, carried by the sup- port which I trust will be given to it, will change the status of the literary man in England, and make a revolution in his position which no Government, no power on earth but his own, could ever effect. I have implicit confidence in the scheme—so splendidly begun—if we carry it out with a steadfast energy. "The Guild was formed for the purposes of aid- ing those of its members who followed literature or the fine arts as a profession to obtain and con- tinue insurances upon their lives, of establishing a provident sickness fund, of providing dwellings for the benefit of its members, and of granting annuities to members and their widows; and in furtherance of these purposes a fund was raised by voluntary contributions. Sir Edward Bulwer Lytton offered to endow the association, as soon as it could legally accept and hold the same, with a piece of land for the erection of the dwellings so contemplated, and a private Act to incorporate the Guild, and to enable it to hold the land in question, was obtained in 1854. In that Act there appears the names of William Spencer, sixth Duke of Devonshire (at whose town resi- dence Bulwer Lytton's ' Not so Bad as we Seem,' and Mark Lemon's farce, 'Mr. Nightingale's Diary,' which were written for the benefit of the fund, were first produced before a large audience, including the Queen and Prince Albert, the great drawing-room of Devonshire House being filled with a stage and the library turned into a green- room), the late Earl Granville, Sir Charles East- lake, P.R.A., John Forster, Gilbert A'Beckett, Wilkie Collins, Peter Cunningham, Mr. (after- wards Sir) Austen Henry Layard, Mark Lemon, Clarkson Stanfield, William Telbin, Sir J. Emer- son Tennant, John Tenniel, Dickens and Bulwer in association with the Guild. "About two acres of land situated at Stevenage were subsequently granted to it on certain con- ditions by Bulwer, afterwards the first Lord Lytton, and upon this land two cottages ^ere erected. John Forster remarks, in his ' Life of Dickens,' that the Guild 'was not taken up by the class it was meant to benefit, and every renewed exertion more largely added to the failure.' The promoters of the Act say, 'For several years the number of members of the Guild has gradually decreased, and no new members have been elected, nor have any sub- scriptions or donations been received by the Guild; and it has now no annuitants, nor do any of its members reside in the dwelling-houses,' but grants have from time to time been made by the council to necessitous members in pursuance to the objects of the Guild, or some of them. The property of the Guild consists of £2112 odd invested in 'Goschens,' a small balance at Coutts', and the land and houses at Stevenage. It is proposed, with the assent of the remaining members of the Guild, to divide the money in equal moieties between the Royal Literary Fund and the Artists' General Benevolent Institution; the land and houses are to be assigned to either, as may be agreed, or placed in trust for the joint benefit of both or either, subject to a right of purchase within twenty-one years by the present Earl of Lytton. "And so, Parliament willing, there will next Session be an end to the once famous 'Guild of Literature and Art.'" Daily Chronicle, Dec. 21, 1896. IS THERE AN AMERICAN LITERATURE? THIS is the title of an article in the Dial of Chicago by Mr. F. Lewis Pattee. He answers his own question by an argument in the affirmative. There is, he says, a literature distinctively American, as easy to be recognised as the men who wrote it are easily recognised as Americans :— "There is no one, I think, who will not admit that the case of two indejiendent literatures written in the same language is a wholly unpre- cedented one: but it is no argument that because a thing is unprecedented it is therefore impossible. The discovery of America was an unprecedented event. It was a most marvellous and world- revolutionising event. There are men, even among those whose ancestors for generations have been natives of the new soil, who have not ceased to wonder about it, who insist upon measur- ing it only by old world standards, on treating it as if it were merely a vast addition to the area of Europe. America in the first centuries after its discovery was almost literally a new world. Man never went to live in an environment more strange ## p. 198 (#242) ############################################ .198 THE AUTHOR. to him. Every element save that of race tended to separate the minds of the settlers from those of their kindred in the motherland. There was something in the air of the new continent, in its Tastness and freedom, in its unlimited wealth and unprecedented opportunities, that tended to put a new spirit into its sons—to breed a new race with a new outlook and new ideals. Three hundred years of this environment have produced a peculiar people, with a distinct and strongly marked individuality, living under an unpre- cedented form of government. "The element of epoch has had its share in the problem. The past century has been an unprece- dented one, and nowhere more so than in America. It has been a century of quick growths, of broad and enduring foundations laid with unheard of rapidity. It would have been madness a century ago to have prophesied even a fraction of the wonders which were to take place on our soil. The history of the development of Western America reads like a page from 'The Arabian Nights.' What an era of bustle and stir! Where else in all history can you find similar conditions? When have men been thrown more fully upon their own resources? The Revolu- tion, that furnace that tried the metal of our character to its utmost limit, was our heroic period. The mad struggle in the forests of a new world was at length over; the colonists found themselves face to face with a bewildering and undreamed of situation. Then came the recon- struction period, whicli called for almost super- human wisdom. The early years of the new government, with their test cases, their doubt and uncertainty; the opening of the vast areas beyond the Alleghanies, with their almost in- terminable forests and prairies, with their swarm- ing fauna and strange flora. "That the American literature is written in the English language, is, in the minds of many, an insuperable argument against its independence. But this in reality is the least of all the argu- ments. Literature springs from the soul; it is the embodiment of hopes and fears, of moods gay or melancholy, of experience, of sensation, of conjecture, and the language is only the lifeless medium of communication. Do Homer into any language, and he is still Greek. No translation can take the French out of Hugo or the Russian out of Tolstoi. It has been safe to define a literature as all the writings in a given language. So firmly fixed is this idea that a recent critic of Roger Bacon, who wrote in the thirteenth century, declares that ' his writings, being all in Latin, do not belong to English literature.' To what literature, then, do they belong? This habit of classifying literature according to the medium through which it has passed has come from the fact that in the history of the old world there have been no two nations with distinct governments and personalities using the same language. It remained for the new world to break this precedent. "Can we never achieve our literary indepen- dence? Must we go down through the ages for ever tied intellectually to the apron strings of our mother? The idea is absurd. It is certain, unless civilisation be obscured by other dark ages, that we shall never di ift away from England in our language, but we are constantly drifting from her in everything else. We are doing our own thinking, solving our own problems in our own way, and we have been doiug so for a century. It was in 1820 that Sydney Smith demanded of a British public, 'Who reads an American book?' In the meantime we have produced an Emerson, a Poe, a Cooper, a Hawthorne, a Whittier, a Lowell, a Whitman—there is no end to the list. The writings of these men have been no feeble imitation of European models. They have been strong and intensely original; they have over- flowed with a spirit of a new world; they have been coloured by its soil and permeated with Americanism, until to attempt to remove this native element would be to destroy the fabric. Men like Cooper and Whitman and Mark Twain would have ljeen impossible on any other soil. "Then for more than a century we have been making our national songs. There are hundreds of lyrics that have burst hot from the American heart, and that profoundly thrill every American, which yet mean nothing to an Englishman save as he translates into them his own emotions of fatherland. Are these hymns not our own r Is it not foolishness to speak of such songs as the 'Concord Hymn,' 'The Star Spangled Banner,' 'My Country 'tis of Thee,' and 'The Battle Hymn of the Republic,' as English songs in America? Did we not evolve them from as pro- found and tragic an experience as did England her 'Rule Britannia'? "It seems to me that it may be laid down almost as an axiom that when a distinct nation has acquired a distinct personality, and has produced writers and writings tui generis, reflecting the soil, the spirit, the individuality of that people, then that nation has a distinct literature, no matter what may be the language in which it is written. American literature is proud of its origin. It passed its infancy and childhood in the land of Chaucer. The first chapters of its life- history are the same as those in the history of English literature. But in its early manhood it migrated to a new world. Its character was evolved during centuries amid unprecedented ## p. 199 (#243) ############################################ THE AUTHOR. 199 surroundings. It stands to-day united to England by only one of the four great elements that deter- mine the character of aliteiature—thatof race; and even this tie is a weak one, since the average American citizen can boast but a small fraction of English blood." CHEAP FICTION IN GERMANY. (From Das Recht der Feder.) AJAHN'S Literary Institute, in Nuremberg, sends the following announcement to * the various editorial offices :— Un precedentedly cheap copy! Please take a post card and order from A. Jahn's Literary Institute the newest and finest romances for selection, namely: "Of Humble Rank." By Hellmuth. About 3000 lines. 4 marks. "The Singer's Love." By Hellmuth. About 3000 lines. 4 marks. "Princess Juichen." By Hermannsdorfer. About 400 lines. 4 marks. "In the Forester's House." By Hermanns- dorfer. About 400 lines. 4 marks. "Castle Hohenau." By Hermannsdorfer. About 1600 lines. 2 marks. "City Air." By Gilly. About 3500 lines. 5 marks. "Parting from Life." By Gilly. About 2500 lines. 2 marks. "The Post-Office Robbery." By B. E. Konig. About 300 lines. 4 marks. "Proud Souls." By Liebel-Monninger. About 3000 lines. 4 marks, "The Woman." By Bronner. About 300 lines. 4 marks. "The Son of the Executioner." By Steinnick. About 10,000 lines. 10 marks. "Foreign Debt." By Steinriick. About 12,000 lines. 8 marks. "Billows of Fate." By Heinberg. About 7000 lines. 5 marks. "Idol Million." By Dr. Weiss. About 8000 lines. 6 marks. "Voluntary Poverty." By John Armstadt. About 5000 lines. •; marks. "Little Baroness." By John Armstadt. About 7000 lines. 5 marks. A. Jahn's new Feuilletou Journal; This publication appears every Friday, and costs quarterly (thirteen numbers) only ^ marks, 39 pfennings postage. Every number contains one large romance (serial), one eler, w 1 (serial), one concise humourous piec^ n°VS story. Each number comprises fiy Or * to sere* pages, and contains from 800 to 1050 lines of letterpress. Subscriptions may commence at any date. Each new subscriber immediately receives the beginning of the romance, &c. Subscriptions payable in advance, or will be raised after the first number. Each subscriber is entitled to reprint all the contents at any date he pleases. The publication is not sent simultaneously to competing journals. A larger "Number" is also published weekly, containing at least ten pages, and comprising from 1600 to 2100 lines of letter- press—double as much as the smaller number. Price quarterly (thirteen numbers) 10 marks, and 39 pfennings postage. Larger journals will find the quarterly subscription covered by the use of a single contribution out of the large quantity of matter offered. A half-yearly subscription (10 marks) will provide smaller journals with matter sufficient for a whole year. Painful and improper stories excluded. Only perfectly moral and pure matter offered.' The following letter has been received from the Institute in reply to inquiries :— Honoured Sir,—We send you with this a small catalogue of novels, Ac, bat wish to add that new matter is published almost every week. We are delivering short stories of 120 to 200 lines at five marks the ten stories. Longer stories, from 200 to 700 lines, at seventy-five pfennings to one mark each. If you are about to publish, it will be best for yon to order a selection from ns, in which case we shall be able to send you a great variety from which to choose. Our self-respect and the protection of our calling makes it a positive duty to protest energetically against such underselling. It is of course evident that it is possible only because persons such as Herr Jahn can always find authors who are contented with the most miserable fee. At the same time the announce- ment shows that Herr Jahn has a large number of manuscripts offered him, and will be in a position to place further wares at the disposal of his clients. This may be so; but authors of this sort must be treated in the same manner as the agencies of the character treated above. We therefore beg any managers of literary agencies, who are ready to join us in taking steps to prevent this kind of competition, to communicate with us at once. We shall then immediately issue invitations for a full discussion of the sub- ject.—The Editor. ## p. 200 (#244) ############################################ 200 THE AUTHOR. BOOK TALK. ANEW volume by the Poet Laureate, entitled "The Conversion of Winckelmann and Other Poems," will be published early this month by Messrs. Macmillan. Mr. John Buchan has written a story entitled "John Burnett of Barns," which is to appear in Chambers's Journal, and will afterwards be published as a book by Mr. Lane. A story by the late Miss Rossetti is shortly to be published by Mr. James Bowden. It is entitled "Maude," and contains a number of lyrics and poems. Mr. William Michael Rossetti, Miss Rossetti's literary executor, is allowing the book to be published on condition that it is put forward only as a youthful work, as it was written when Miss Rossetti was twenty. Mr. Rossetti contributes a preface. Mr. E. W. Pugh, the author of "A Street in Suburbia," has written a new novel entitled "A Man of Straw," which Mr. Heinemann will pub- lish shortly. Among the forthcoming books from Messrs. Chatto and Windus area volume of" New Poems" by Bret Harte j a novel entitled "Sebastiani's Secret," by S. E. Waller; "An Anxious Moment," by Mrs. Hungerford j and " A Missing Witness," by Mr. Frank Barrett. Mrs. Barry Pain has written a novel, which Messrs, Osgood, M'llvaine, and Co. will publish in the spring, under the title of " Saint Eva." Mr. St. Loe Strachey has gathered a number of his essays and studies together, and is printing them in a volume to be published by Messrs. Smith, Elder and Co., entitled "From Grave to Gay." Mr. Morley Roberts is engaged upon a new book, dealing with certain phases of life in the the East End of London. Mr. H. G. Wells is working on another highly imaginative story. It will be called "The War of the Worlds," and its serial publication will begin early this year. Miss Macmahon has put a new novel in the hands of Messrs. Hutchinson for early publication. It is called " The Touchstone of Life." The same publishers are about to issue " The Black Mass," a novel by Mr. Frederic Breton. The publication of the edition of Byron which, as we announced some time ago, Mr. Murray is bringing out, will be begun this month. It will be remembered that this is to be printed largely from the original MS., and that it will contain a great deal of hitherto unpublished matter, includ- ing letters addressed by the poet to Mr. Murray's grandfather, and papers in his possession which belonged to Byron's solicitor. The Earl of Lovelace, Byron's grandson, is supervising the work. At a public meeting held in Edinburgh, under the presidency of Lord Rosebery, it was resolved that" it is desirable that steps be taken to provide by public subscription a memorial in honour of the late Robert Louis Stevenson." An executive committee was appointed, with Professor Masson as chairman. The secretary, Mr. J. H. Napier, solicitor, 12, Queen-street, Edinburgh, will be glad to obtain the address of all who are willing to assist in the movement. The form which the memorial will take is not yet decided. In a letter to the Times, Mr. Edmund Gosse said that whatever its ultimate expansion, it should not fail to start with the idea of a portrait in sculpture. Authors, unlike artists and musicians, have hitherto been without a reference book all to themselves. The deficiency is being made up, however, for Mr. George Allen announces that he will begin with 1897 the annual issue of "The Literary Year-Book." It will make its appear- ance this month, and will be a record of the literature and literary events of the past year, and will also contain a directory of authors. Copyright in the earlier poems of Robert Browning expired a few days ago, and several cheap editions have already been placed on the market. Messrs. Bumpus, the West End book- sellers, have been expressing the opinion that it is women, more than men, who buy Browning's poems—cultured ladies of the higher middle class and the titled class. Although never likely to be a "people's" poet, Browning is selling more largely year by year. An important work is about to engage the leading historical scholars of this country and America. Under the title "The Cambridge Modern History," Lord Acton, the Regius Professor of Modern History at Cambridge, has undertaken to edit for the Syndics of the University Press a comprehensive history of modern times. The work will appear in twelve volumes of about 700 pages, and will cover the period from the end of the Middle Ages to the present day. Each subject will be dealt with by a specialist. The first volume will deal with the Renaissance, and will be published in October, 1899. The scope of the work will be seen from the following official particulars: Universal history will be regarded not as the sum of local histories, but as a series of events transcending ## p. 201 (#245) ############################################ THE AUTHOR. 20I nations, belonging to mankind, so that the nations severally will come on for treatment when they carry flame or fncl, and are operative in the common human canse. Individual thought will be treated parallel with collec- tive action, not for itself, and therefore not substantively and separately, but as successive waves pass over Europe— theology in the sixteenth century, philosophy in the seven- teenth, politics and economics in the eighteenth, historical methods in the early nineteenth century, scientific in the later. Political ideas will be traced and expounded as com- pletely as political action. The predominant ideal is that all forces at the present time are to be exhibited in their origin and progress and substance, so that the past shall contribute what it may to make the present intelligible. Among those who have undertaken to write the History are the following: Sir "William Anson, Mr. James Bryce, Professor Bury, the Bishop- Designate of London, Principal Fairbairn, Pro- fessor Flint, Mr. James Gairdner, Mr. S. "R. Gardiner, Dr. Garnett, the Rev. F. A. Gasquet, Mr. Frederic Harrison, Major Hume, Mr. R. H. Hutton, Professor Jebb, Mr. Laughton, Mr. Lecky, Mr. Sidney Lee, Sir Alfred Lyall, Mr. John" Morley, Mr. Oman, Sir F. Pollock, Dr. Sidgwick, Mr. Spencer Walpole, Principal Ward, and Viscount Wolseley. The Bishop of Oxford will assist the work with his advice. Readers of The Author will often have observed the references to the question of how much of a book a reviewer is entitled to quote without a breach of the copyright laws. This question, we understand, is about to be raised by Messrs. Smith, Elder, and Co., Mrs. Humphry Ward's publishers, who have applied for an injunction to restrain Mr. W. T. Stead from publishing, in his Popular Novel series, an abridgment of "Sir George Tressady." A manual on "Teaching and School Organi- sation, with especial reference to Secondary Instruction," is about to be published by Messrs. Longmans, Green, and Co. It is edited by Mr. P. A. Barnett, M.A., who was formerly Professor of English Literature at Firth College, and its object is to collect and co-ordinate for the use of students and teachers experiences in special branches of educational practice, and to cover the work of secondary schools of both higher and lower grade. The Weekly Sun published its annual literary supplement with the issue of Dec. 5. Among other features of the paper, there were long accounts of the Authors' Club and the Society of Authors. The "English Catalogue of Books " f on(. is being compiled by Messrs. Sanm.;. '9 Marston and Co., who would be gla(f .£n ^OW, would send particulars—publisher's ^ authorS ***e, price. &c.—of their works which have appeared during the past year. Mr. J. R. Thursfield and Col. Sir George S. Clarke, R.E., have collaborated on a work entitled "The Navy and the Nation," which Mr. Murray will publish this month. The large circulation obtained by the Navy and Army Illustrated, during its first year, has induced the proprietors to increase the size of the paper, and also to provide their readers with a serial dealing with naval and military adventure. Mr. John filoundelle-Burton has been engaged for this purpose, and the new romance which he will supply commences at once. The subject selected is that of the War of Succession in Spain, and the hero, who is one of Marlborough's cuirassiers, sees service of a startling venture both on land and sea. Several artists of promi- nence have also been engaged for the illustration of Mr. Bloundelle-Burton's novel. Mr. G. A. Henty has written a novel entitled "The Queen's Cup," which will be published in a few days by Messrs. Chatto and Windus. An historical romance by Mr. William Westall will be published soon by Messrs. Chatto and Windus. "The Dagger and the Cross " is the title of Mr. Joseph Hatton's new novel, an historical romance of the seventeenth century. It is being published serially under the auspices of Messrs. Tillotsons and Sons, in a select number of weekly journals in England, the Colonies, India, and America. The volume edition will be issued through the press of Messrs. Hutchinson early in the spring. "Revelations of an Album," by Joseph Hatton, appearing monthly in the Idler, are more or less reminiscent of many interesting celebrities whom the author has met or counted among as friends during his active association with journalism and literature over a number of years. They are admirably illustrated by Mr. W. H. Margetson, the author's son-in-law, and should eventually make an entertaining volume. Presentation copies of Miss Browning's book "A Girl's Wanderings in Hungary," have been most graciously accepted by the Prince of Wales, the Duchess of York, the Duke of Teck, the Queen of Belgium, the Crown Princess of Austro- Hungary, the Archduchess Maria-Dorothea, Duchesse d'Orleans; all of whom have since expressed their thanks and their keen appreciation of its contents. Mr. Gladstone has also written Miss Browning an autograph note of congratula- tion. ## p. 202 (#246) ############################################ 202 THE AUTHOR. A volume by the late Archbishop of Canter- bury, dealing with the life and times of Cyprian, Bishop of Carthage, will shortly be published by Messrs. Macmillan. The Archbishop had the final proofs while making the journey in Ireland just before his death. Mr. E. A. Armstrong has written a novel which, under the title of "Under the Crcum- stances," will be published very shortly by Messrs. Smith and Elder. Thomas Cobb's new story, " Mr. Passingham," will be published early in the New Year by Mr, John Lane (The Bodley Head) as a volume of "The Pierrot Library." A new edition of Mi's. Leith-Adams' novel, "Madelon Lemoine,'' complete in one volume, is shortly to be added to Messrs. Jarrold and Son's Green-Back Series; and a six-shilling edition of " Colour-Sergeant, No. 1 Company," by the same writer, is also to be published by them. A new serial by Mrs. Leith-Adams will commence in Household IVorih early in the new year. It will be entitled "A Mighty Love." "The Three Daughters of Night," is the title of a new novel by Dere R. Vane to be published by Messrs. Hutchinson early in the new year. This is the author's most important work since "The Sin and the Woman," a story that excited a good deal of interest and some controversy on its appearance two or three years ago. The publisher of Stanley Waterloo's much- discussed American novel "A Man and a Woman," has received the following note from Mr. Gladstone :—" Dear Sir,—I thank you for your great courtesy. My ideas, formed upon older models, do not follow those of the book; but I think the letter of the mother a gem, and the narrative is of great interest in connection with the divorce laws of America, and consequent or accompanying changes in the conception of the family life. Yours very faithfully—W. E. Gladstone." Miss Jeanette L. Gilder, the well-known editor and proprietress of the New York Critic, in January next is to start a new critical magazine called the Month. The Tatler, a daily literary paper issued by the New York publishing house of Stone and Kimball, makes this interesting query—" It is worth asking, why our writers—with very rare exceptions, including of course Mark Twain, who seems to sell everywhere—have no audience in Australia. At the present time American theatrical managers are discovering Australia as a continent worth discovering, and the success of some of their ventures there makes us wonder why the Australians, if they can be interested in American plays, should not be interested in American books as well." Those "minor novelists" of America, con- cerning whom metropolitan critics are wont to be so crushingly sarcastic, are certainly arousing themselves. The startling English success of young Mr. Stephen Crane's sanguinary novel has been duplicated by Mr. Stanley Waterloo's " A Man and a Woman," and Mr. Opie Read's "A Kentucky Colonel," novels almost as striking in their way, and much more intimately and genuinely American. Mrs. F. A. Steel, whose Indian stories directly challenge comparison with those of Mr. Kipling, furnishes another example of the success of one who comes to literature comparatively late in life, like the author of " Trilby." It is said that before he even left the steamer, on his arriving at New York, a reporter asked Mr. Barrie his views on the silver question, to which querv Mr. Barrie discreetly made answer, "Silver and gold have I none; go ye rather to my publishers." The following pathetic negro dialect poem is by Opie Read, who, with Hamlin Garland, Stanley Waterloo, and H. B. Fuller, is a leader of the Chicago literary group, from which have emanated works of a high degree of literary excellence. Mr. Read's extraordinarily vivid novel of life in the Southern States before the late war, "A Kentucky Colonel," has been lately issued by Messrs. A. and C. Black:— October. De leaf's turned jailer an' de cnekle-burr's brown An' de grass is Btreaked wid de gray o' age— Natnr is er wavin' 'twixt er smile and er frown An' de red in de sky puts de bull in er rage. De old woodpecker has bushed up his song An' de old crow scratches whar we thrashed out de wheat, An' de ole bluejay sorter haster hop er long Caze de frost made him stiff in de j'ints o' his feet. De po' ole dove is er mou'nin' ergin An' it pear mighty like dat her heart is gwin'er break, An' it makes de jailer-hammer sorter nod his head and grin,-- Ah, Lawd er massy, dat bird is er rake. De soft win' comes like de Bighin' o' er child An' scatters dead leaves o'er de graves on de hill, An' de eyes o' de rabbit look strange an' wild As he hops mongst de rocks by de moss-covered mill. I strolls in de woods when de ebenin's come An' listene to der music o' de trees dat wave, An' mer heart beats low like er muffled up drum As I kneel by de side o' her little boy's grave. We laid him ter slum'er w'en de grass was gray An' de leaves had blushed at de gaze o' de sun; Wen natnr had got down on her knees fur ter pray— W'en er dead cricket lay whar er spider had spun. ## p. 203 (#247) ############################################ THE AUTHOR. "At times," says one of the intimate friends of the one great Australian poet, Adam Lindsey Gordon, " Gordon was the strongest, most weird, mysterious man I ever saw, and I could not help feeling almost afraid of him; and yet there was a fascination about him which made me like to sea him." Concerning Gordon's poems poor Francis Adams once wrote, in his clever though shallow Austra- lian criticisms: "One of them, indeed, 'The Rhyme of Joyous Garde,' is magnificent. It is the one great poem yet written in Australia. In earlier days of an enthusiastic first acquaintance- ship, I committed myself, I remember, to the opinion that it was worth all 'The Idylls of the King' put together. I would not put it quite that way now, but it seems to me that, taken with Mr. William Morris's 'Defence of Guinevere,' 'The Rhyme of Joyous Garde' is assuredly the one product of flesh and blood which has pro- ceeded from the attempt to utilise the Arthurian legend in modern poetry." LITERATURE IN THE PERIODICALS. On the Selling of Books. J. Shajlor (of SimpkiD, Marshall, and Co.). The Nineteenth Century for December. Booksellers' Errors. "W. E.'b " letter in the Daily Chronicle for Dec. 12. Bad Spelling. "A Publisher's " letter in the Times for Deo. 14. Literature, Newspapers, and the Public. The British Review for Dec. 5. Little Pharisees in Fiction. Agnes Repplier. Scribner's Magazine for December. The Poetry op the Earl of Lytton. Professor Saintsbury. The Forum for December. American Women and American Literature. The Hon. Hugh H. Lusk. The Forum for December. Sterne. Herbert Paul. The nineteenth Century for December. Realism in Fiction. British Review for Deo. 19. The Roman Church in French Fiction. Macmillan's Magazine for December. A Guess at the Origin op Hamlet. Arthur T. Lyttelton. National Review for December. Some Characteristics op Shakespeare. The Master of BJliol. Contemporary for December. Shelley at Tremadoc. MacmiUnn's Magazine for December. Journalistic Remuneration. Chambers's Journal for December. Journalism as a Profession. W. N. Shansfield. • Westminster Review for December. Some Aspects of Matthew Arnold, q j- firys Norgate. Temple Bur for December.' Reminiscences of Lord Tenntson , Magazine for January. The TemP™ Mr. Gladstone on Book Collect^ Part VIII. of "Contribution! to a Diet; * Q. Lgttflr ^ Book Collectors," published by Bernard Qi./*^*.,. , n -liab ^k^J 01 bOS' Editorial Discretion with Contributors. Letters of Alfred Sutro (Dec. 15 and 19), and the Editor of "The Pageant " (Dec. 17) in the Daily Chronicle. Notable Reviews. Of W. E. Henley's edition of Byron. Academy for Dec. 19. Of Herbert Spenoer's "Principles of Sociology." Atlienseum for Deo. 19. Of Dr. Andrew Dickson White's <; History of the Warfare of Science with Theology in Christendom. Times for Deo. 8. Do authors spell badly? According to " A Publisher" they do. This gentleman mildly suggests that we are in the midst of an epidemic of bad spelling. The number of people who write misspelt letters and offer for publication mis- spelt works of fiction, seems, he says, to l)e steadily on the increase. He gives the experience of a single day in proof of what he says. On this day, within a few hours, he chatted with a lady novelist, a woman of culture, who confesses that she can- not spell, and to correct whose proofs a special reviser will have to be employed; received a letter from an author in Scotland, an F.S.A. Scot, who only stumbles over the word frontes- piece until the end is reached, when he shows the cloven hoof in the expression "c.rceed to my request"; and a letter from another author offering " a story of eutreatjues and adventure." Curiously enough, the complainant himself makes a broad error in spelling. "For the past twenty years," he says, "I have received thousands of letters a year from more or less educated people, and I am struck with the prevalance (sic) of badly- spelt letters of late." The (sic) is from the Times. As a member of a large firm of wholesale book merchants, Mr. Shaylor's opinion on the sale of books is of interest, but it is not very original. Although no rule can be laid down that will entirely regulate the sale of books, he has no hesitation in stating that a certain sale can always l)e relied on for a book that really has value in it. "To obtain this let it be one into which the author has put his best thoughts from a realistic or ideal standpoint, let it be carefully written and re-written, so that its merit may come up to the standard of literary culture. Then let it be well printed and attractively bound, and issued by a publisher who has a reputation to maintain. The publisher will see that the distributing agencies work it well with the booksellers, and will adver- tise it judiciously, and if possible get it talked about. By these means if a large sale is not secured there will, at least, be one satisfactory alike to author, p1 ublisher, and bookseller." Mr. Shaylor has, * f,! attracting public attention. Tho " new authors11 >ecial comment on the methods of ## p. 204 (#248) ############################################ 204 THE AUTHOR. author," he says, " usually belongs 1o a clique of men who write of each other in the Press, and talk of each other at their club, in drawing- rooms; in season or out of season matters not, so that they are talked about. Cases could be mentioned in which an author has ordered copies of his recently published book from several book- sellers, stating that he would call for them in a few days. This he failed to do, and the book- sellers have been obliged to place the copies in their stock." Mr. Shaylor, moreover, finds fault with the publisher's " reader" as often having no .sympathy with the subject of the MS. he is con- sidering, and lays to his charge the refusal of many MSS. which have afterwards been pub- lished with marked success. But it will l)e on the question of the future of the bookselling trade that Mr. Shaylor's views will command most attention, and in this connection he suggests that a better understanding between the Pub- lishers' Association and the Association of Book- sellers might result in a way being found to place the trade in a more satisfactory condition. The difficulty is of course the question of dis- counts. At the present time, he says, the book- selling trade is suffering more acutely from competition than any other. A commentary on Mr. Shaylor's suggestion that it is in booksellers themselves, and not in bookselling, that the decay is most noticeable, is supplied by a bookseller's assistant at Great Yarmouth. How, he says, can the small pro- vincial bookseller afford to pay intelligent assis- tants \f "He cannot do so from the absurdly inadequate profits which, except in concerns having very large turnovers, the present day bookselling business yields." The cut-throat competition of the 25 per cent, discount, he says further, is rapidly reducing the trade to mere dealing in so much weight of printed paper. The English of our newspapers is called seriously in question by the British lievietc, which complains of it as a thing of ready-made phrases rapidly pieced together, and as tending to deaden the reader's appreciation of anything that is more accurate. Two other conditions un- favourable to style are—the growth of the reading public, and the growth of writing as a profession. The vast mass of readers are imperfectly educated, and they form the writer's most important patrons. The writer, therefore, who regards writing as a profession, is constantly tempted to adjust his style, not to his own inner standard of excellence, but to the crude taste of an uncritical public. Another condition that militates against style is certain qualities in the English language itself—its want of inflection, the ambiguity of its pronouns, and the flaccidity of its structure. But after all, says the writer, whatever may be the results of an ideal perfection in style, one thing is certain, that professionally it will not pay; and if ever English prose is to be advanced to real perfection, the result must be due to men who either possess riches or who are indifferent to them, and who are, above all, indifferent to democratic state and the entire financial aspect of democratic rewards. Mr. Wilson's depreciation of journalism as a poorly-paid profession is replied to in the West- minster Review by Mr. Shansfield. He holds that to put the average remuneration at <£ioo a year is to under-estimate it; but it is the alleged wane in the demand for literary ability in the newspaper world that he is most concerned in contradicting. It requires a man of education to be a good journalist, he says, and a good journa- list will more and more in the future be able to command a larger wage. As for the mechanical reporter, he is doomed to be gradually swept off the field. A writer in Chambers's provides some rates of journalistic remuneration, by way of enlightening the fugitive contributor. The Times, he states, will pay from five to ten guineas for an article contributed by a correspondent, and rather than lose a good one considerably more. The rate on the other great London dailies is as a rule two guineas per column. The St. James's Gazette and the Westminster pay a guinea and a half; the Globe pays a guinea for its "turnover," and the Evening Standard two guineas a column for the essays that are a feature of its outside page. Among the weekly reviews, the Spectator and the Saturday lievietc give as much as five guineas for accepted articles, but in their case attention should lie drawn to the editorial warning that the sending of a proof is no guarantee of acceptance. . CORRESPONDENCE. I.—" Mons." MR. E. H. SHERARD has done well to hft up his voice against the barbarism of "Mons." for " Monsieur." A still more common one in England, and as bad, is " Mrflle." for "Mademoiselle." I think I have also seen "MJme." "Mine." and "Mile." are the correct abbreviations. It was lately, if it is not now, distinctly rude to abbreviate "Monsieur" or "Madame" in the address of a letter. The blunder "Saint-Beuxe" in the same article is doubtless due to the printer. I must be allowed to observe that Mr Sherard would not talk of the " fat, sluggish language of the Netherlands" if he had read any modern ## p. 205 (#249) ############################################ THE AUTHOR. 205 Dutch prose. The average of prose style in the Netherlands is much better than in Germany, and any Dutch scholar would be ashamed to write in the clumsy and involved fashion which is thought good enough for scientific works by most learned Germans. _ _ II. II.—Stamps with MSS. It is natural that magazine and newspaper proprietors should protect themselves against loss by imposing the above condition. At the same time, at least from its sentimental aspect, the need for so stringent a rule is to be deplored. None of us care to anticipate rejection. Com- pliance, however, with this decree conjures up the dismal possibility in most unromantic fashion. When the "stamped directed envelope," ad- dressed to ourselves, stares us iu the face, the prosj>ect is quite distressing. Could not patrons be persuaded to trust their contributors a little more in this matter of postal outlay? We may not all be clever: I fain hope most of us are honest. Nor would the confidence reposed be altogether one-sided. We send our stamps. Do we always get them back again r But I suppose we are so elated when receiving those pleasant remunerative slips, in exchange for brainwork, as not to trouble about such trifles. The cruel business is where both MS. and stamps are unceremoniously appropriated — an experience which has also come to some of us of late, in- cluding one of my own brood. Old Bied. Authors' Club, S.W., Dec. 11, 1896. III.—Thirteen Copies as Twelve. Iu last issue of The Author my good and clever friend John Bickerdyke tells us that Mr. Hutchinson, the publisher of his last novel, says that "the thirteen-as-twelvo business is a mere trick." But Mr. Hutchinson knows that, while in high-priced works likely to have a limited sale such terms are unnecessary and unadvisable, books, no matter the selling price, which it is hoped may " run away," have an infinitely better chance if the booksellers be bribed with the odd copy, and is charged thirteen as twelve. A fairly saleable book offered on these terms will be stocked and shown to every person who enters the shop ; but when the inducement is withheld, the bookseller will often order a single copy, or he may say, " I will wait till I am asked for it." As a case in point let me mention the cheap edition of Phil May's "Gutter-Snipes " (bougie out- right by the Leadenhall Press), which t|le hook- seller has at the usual discount, an.(J . , n copies as twelve. Can this be justly (J^ thirteen "a mere trick "? Andrew \y.s^ribed »s The Leadenhall Press, E.C. • TuER. IV.—Reviews and Advertisements. With regard to authors and publishers, it will be seen on reflection that the public will only buy what is put under their nose. Certain wealthy and powerful publishing houses are able to do this, the great librarians and monopolists buying largely of them. The works of well- known and gifted writers, and the novels that are accepted by the literary taster of any eminent firm, are forced upon the public by the medium of repeated and incessant advertisement, in- evitably followed by good reviews. The two are indivisible; but the advertisement, more than the review, sells the book. Would any critic "cut up" the works issued by a wealthy firm, or firms expending many thousands yearly in the columns of the papers he represents? An author's poverty, which may be after all his only crime, is a great barrier in achieving permanent literary success. Paid paragraphs to establish his name are very expensive luxuries. To have a wealthy or aristocratic clientele is also of great assistance. The public are indifferent, generally opinionless; they care for externals, pleasure, visiting, shopping—what they eat, drink, and wear, but books—to tempt them must be forced upon their notice. Clever, attractive, silly or common-place novels, if glorified by log-rollers, heavily advertised, and "worked up," will go; but these same books issued under any other conditions, by less pushing and wealthy firms, would be passed over unnoticed, and generally anathematised by the London Press and those who guard the sacred ring. Personal interest and influence count for a good deal in successful authorship, when one man may review for a dozen papers, but money is invincible. Continuous advertisement (not spas- modic, which is always wasted) will sell any- thing. Annabel Gray. V.—To "J. G." I note "J. G.'s" reference to myself in The Author. May I give him a word of cheer, and also remark upon his letter? He must find a "taster" who can appreciate his work; the most popular have had to make their start. I think that, in all probability, a '• taster" is an absolute necessity to a publishing firm; the further I go the more I seem to see this necessity, especially in these days of—dare I say it ?—bad, superficial work. The only safe road to success seems to me to lie through " trouble, sorrow, need"; and the worst of it is that success, when it comes, some- times unlearns the lesson. Then, out come the boneless M-SS- of which •• J. G." speaks Even tbemost p°P our modem writersliave no; ## p. 206 (#250) ############################################ 206 THE AUTHOR. been strong: enough to resist the blandishments of the almighty dollar, and have foisted their former early failures upon the public on the strength of their latter successes. Write on, "J. G."! (there is nothing else for it) till you have written something which has some grain of worth in it; you will probably get it accepted. Absolutely without a single literary friend (in fiction), and with no guide as to how or where to submit my work, my chief want has seemed to myself to be an adviser. But I am beginning to think that even in this I was mistaken, and that nothing but some particle of worth in what is written will give it any marketable value. At last I have found an appreciative friend (I am sure I may call him so) ; but I am by no means sure of success yet. Still, I hope on. I have also—at last—set myself to please the severest taskmaster ; I might appear irreverent in naming him. "J. G." states that, as yet, he is not in the ranks of the accepted. I would say to him " work and hope, but set yourself a high aim, and do not be in a hurry. Some day you may learn to thank God that your early work was rejected, as I do." Alan Oscar. VI.—Still Looser English. The excellent paper on " Loose English," which appeared in your October issue, moves me to wonder if the writer of it has ever been confronted with such an enormity as the word ('() " affaired" used in the sense of occupied. "She was too much affaired with her own thoughts" occurs in a recently published novel from the firm of Ward and Downey; and this is not a misprint, as might be imagined, for the word is used in a similar sense elsewhere in the book. Nothing much worse could be found in America. And will no one raise a protest against the splitting of infinitives? I remember, when I was very young, reading the "Ride to Khiva," in which, as well as I recollect, scarcely a single infinitive escapes this barbarous treatment—and wondering over it, as over something strange and new; but since those days the splitting process has crept onward and upward. One finds it difficult to discover any widely read book published within the last ten years in which one will not meet at least a dozen hideously mis- placed adverbs divorcing what no adverb should put asunder; and the newer the books, the more frequent the divorce. From Kidd's "Social Evolution" to "The Sorrows of Satan," they are all tarred with the same brush—the trail of the split infinitive is over them all, "and nothing said" by the reviewers, who seem as indifferent to the murdering of style as the European Powers to the murdering of the Armenians. So much of slipshod negligence is being allowed without protest to range itself as literature, that one scarcely marvels at a young lady novelist's daring to become "affaired with her own thoughts." She probably does not care for the opinion of critics who might tell her "to immediately lay down her pen." M. Penrose. VII.—A Want. Is it not time that we had a good Gernian- Envhsh dictionary? Those which at present do duty ar<j German, or German-American, which is not precisely the same tiling. They contain such English words as "forinsecal," "fortrail," "occlude," "inition," "inlagary "; and such ex- pressions as "to be astern of one's reckoning," "to lark one," " to get the run upon one," "to gouge," meaning to trick, "lady-bishop," meaning bishop's wife, "within a six-month." "to cut shines, or didoes," "hotch-potch" for "mob," "giugle" for "jingle," "aglet" for small plate, "squab " for " easy-chair," "squab!" as an inter- jection, "to ambition something," "to clap a trick upon one," &c, all of which are so many pitfalls for the unwary foreigner. S. G. VIII.—The Ethics op the Review Copy. Some discussion has been taking place as to the disposal by reviewers of books sent them. According to certain publishers, copies of new books can be had at the second-hand shops in Holy well-street even before the works have been issue! to the public. Now, a book sent to be reviewed is a presentation copy, and a reviewer may suivly, if he does not think it worth adding to his library, sell a presentation copy with the same freedom of conscience as he would sell a book he had paid for, considering always, of course, that the presentation has been an impersonal one, i.e., through a newspaper or journal. It is his property, to do what he likes with. The evil is when a reviewer hastens to sell his copy practically the moment he gets it, instead of waiting a reasonable time, and thus deprives the publisher and bookseller of the first full benefit of sales. I trust this practice is not so very common after all. But it is to detect i-uch cases, I presume, that certain publishers choose to put an indelible stamp on the review copies, afterwards tracing, if possible, the persons ■—let us not call them reviewers, please—who have thus shamelessly put the books on the market. When it goes that length, publishers are assuredly justified in striking off certain papers from its future lists. But I have seen it alleged, as a question apart, that reviewers do ## p. 207 (#251) ############################################ THE AUTHOR. 207 not like to receive a fine book thus marked— "disfigured," some call it—and to place it on their shelves. Is this so? Why, as a literary workman, I regard it rather as a source of pride —certainly it causes me no annoyance—to have as many books as possible marked in this way adorning my shelves. Reviewer. IX.—Monsters in Fiction. I have read with considerable interest D. F. Hannigan's article on ."Monsters in Fiction," and George St. Clair's letter on the same subject. I am inclined to think that these "prodigious growths" are neither the creations of the human imagination nor symbols with a deep recondite meaning. May they not rather represent different stages in the wonderfid history of evolution of which our planet has been the scene? May they not have been the tentative efforts of Nature's prentice-hand? According to Aristotle, Nature experiences many failures before she can send a perfect article out of her workshop. Empedokles of Akragas, 440, B.C., an evolu- tionist considerably older than Darwin—main- tains this view. He enumerates four periods of development; and his description of them are sufficiently ghastly—strangely reminding us of the modern emulation of Mrs. Shelley's Franken- stein. During the first period, according to the Greek philosopher, heads without necks, arms without shoulders, and eyes without foreheads wandered over the primal earth. During the second age these stray members were joined together in haphazard fashion, and thus creature il§w\o(f>aviis, as weird and hideous as any that the fantastic imagination of a Gustave Flaubert or a Shakespeare has depicted, came into existence: flovyivrj (ivhpoTrputpa, or bulls with men's faces (rj., Assyrian man-bulls), and vice rent/; beings with faces and breasts before and behind; mino- taurs, sphinxes, centaurs, ehimaeras, et hoc genus omnc. In the third period "perfect types" emerged, but without distinction of sex—the "androgyne" of Lucretius (<;/'. Darwin's " herma- phrodite ascidians ") ; while the fourth and last stage is the existing order of things. In the above account I have simply reproduced in the briefest way—adding a few illustrative comments—the " placita " of Empedokles. W. B. Wallace. X.—The First Book. Sermons upon sermons might be preached on e "Never, never, never pay for pul,lisl • .jvel" text. The ripeness of , uslllnb stablishes without doubt the wisdo^*ptTieilCC advice. But what man is there so ej0 of suC" ^ent as t° bring the warning home to the aspirant fired with ambition to seek the public verdict as to work which has cost him much diligence, thought, possibly some self-denial? The preacher may spare his breath and his arguments with a writer thus pressing his ewe-lamb, in the form of a first completed effort, to his literary bosom. What- ever its worth, the result belongs to him and him alone. Hand and brain have united to produce an ideal in which he believes and has even learnt to love. It must therefore go forth to the world, publishers' adverse judgments notwithstanding. Surely that is only a natural impulse it would require something stronger than the mere risk of money to check. So long as hope, aspiration, the dpsire after fame exist, the sanguine creator of books will continue to pay for his chance of a hearing. Yes, "chance." That is the false beacon which will lure Mr. Verdant on to the rock of sadness and disillusion. But until he has been buffeted by the rude waters of failure, it is useless to attempt to trim his barque to prudence. Poverty, we are told, is the surest friend in the long run. If not always a welcome visitor, he hits home and is severely practical. Perhaps, therefore, it is best to purchase one's experience at his hands. After prolonged acquaintance, some of us have come to the conclusion that his arguments carry more weight than a whole sheaf of discourses, let them be ever so well-intentioned. Cecil Clarke. Authors' Club, S.W., De.'. 18, 1896. the u< I' XI.—Wanted, a Strike. Grumbling about publishers in the pages of The Author is like railing against habitual drunkenness in a church full of respectable citizens, but this particular grumble is going to be converted into a sugges ion to our successful brethren and sisters. The length of time which many articles are kept by magazine editors (or, rather, is it not the publisher who is to blame r) increases year by year, and now it is not uncommon to have one's work "translated" from month to month, and even annouuced for three or four years in succes- sion. This is provoking from several points of view, financial and other«isj; perhaps the more so, wdien one is sat upon by a scathing critic in terms of this character: "Mr. X. evidently is not up to date; this subject was thrashed out some eighteen moDths ago by Mr. Z. in the 'Demon'; an(l surely even the editor of the ever-blimdering 'Lamb' might have known so ^Now it 's °^ coulse no use ^or rallk an*^ ## p. 208 (#252) ############################################ 208 THE AUTHOR. file to be independent. "If you don't like the terms you can keep your articles to yourself," is certainly what we should be told if we protested. But surely the officers of the literary army might help us. If the distinguished Deans and Canons of the Church, if the eminent Cabinet Ministers, and the popular "a shilling-a-word" writers who appear in divers monthlies would only resolve to boycott all and every editor and publisher who refuses to pay ready money for accepted literary wares to all contributors, great and small, the matter would soon be settled agreeably. It would be as great a charity as doling out blankets and soup to the indigent; for these magazine articles are the blankets and soup of the hard working authors, who have to pay for their ink long months before they get paid for their brains. Ready money payments all round is what the world wants to relieve it of one of its most deadly curses—demoralisation through long credit. The tradesmen have found out the advantages of the ready money system; why should brain- workers have to give long credit for their work? Me. X. [One agrees perfectly with the writer of this note. But his remedy would surely prove no remedy at all. For suppose the writers who can afford to be independent refused to write except for money on delivery of MS 3., how would that help those who are not independent?—Ed.] XII.—Touting Publishers. It seems to me that The Author cannot too often repeat the warning that young, or even old and experienced writers, should have no dealings under any circumstances with publishers who, openly as well as covertly, advertise for MSS. No reputable firm would ever stoop to such practices any more than a physician of good standing would think of soliciting patients. [ believe, too, that it should be repeatedly pointed out, that although such publishers have on their lists books by several winters of the first rank, these works are not generally bought from the authors, but from a syndicate who have pre- viously used the novels in serial form, and sell the book rights to the highest bidder. More than one distinguished author has indig- nantly protested at his name being used as a lure for the unwary writers of both sexes. Such firms do not publish books to sell, but for what they can make in producing and adver- tising them at the author's expense. With your permission (at some future time) I should like to give your readers my experience with one of these touting firms. A Recent Victim. OBITUARY. MR. COVENTRY PATMORE died at Lymington on Nov. 26, aged seventy- three. His father, Peter Patmore, was the friend of Keats, Coleridge, the Lambs, and other writers of that period. The boy was furnished with an introduction to Leigh Hunt, who being shown his first verses remarked "He is a poet." In 1844 his first volume was published, " Tamerton Church Tower, and Other Poems." In 1846 he became an assistant librarian at the British Museum. He was the friend of Millais, Ruskin, and Rossetti; and the poem called "The Seasons," in the first number of the Genu, was by young Patmore. His great poem, " The Angel in the House," which began to appear in 1853, had a great and immediate success both in Britain and America. "The Unknown Eros" appeared in 1877. He wrote a good deal for reviews and magazines, and a series of papers in the St. James's Gazette, afterwards published anonymously in a volume, entitled "How I Managed and Improved my Estate," was his, the estate being Heron's Ghyll, near East Grinstead. In recent years he produced two volumes of essays, "The Principles of Art," and "Religio Poetae "; and a little book of religious aphorisms entitled " Rod, Root and Flower." He edited The Children's Garland and the biography of his friend "Barry Cornwall." Although he kept rather aloof from the world, Mr. Patmore was socially a charming man. "As far as I know," says Ruskin of Patmore after the the appearance of "The Angel in the House," "he is the only living poet who always strengthens and purifies." Miss Mathilde Blind, the poet, died in Londou on Nov. 26. She was the author of numerous volumes of verse, including " The Prophecy of St. Oran," " The Heather on Fire," "The Ascent of Man," "Songs and Sonnets," and "Birds of Passage." Her single work in prose fiction was the romance "Tarantella." Among her other work were a translation of the Journal of Bash- lrirtseff, critical monographs on George Eliot and Mine. Roland, and editions of selections both from the poems and the letters of Byron. Miss Blind, who was fifty-four years of age, was a step-daughter of Karl Blind. Mrs. Brookfield, the friend of Thackeray, who it is understood drew the character of Lady Castlewood in "Esmond" from her,' was the author of several novels, and published some years ago a number of delightful letters by Thackeray. Her husband, the late Rev. W. H. Brookfield, was the friend of Ttimyson. ## p. 208 (#253) ############################################ AD VER TISEMENTS. iii Ready about the middle of January. THE LITERARY YEAR-ROOK 1897 EDITED BY FREDERICK G. AFLALO, F.R.G.S., &c. An Exhaustive Book of Reference for all Writers and Readers of Books. AMONG THE CHIEF FEATURES ARE :- A Critical resume of the past year's Literature, by Ernest Rhys. Portraits and Biographical Sketches of a number of Distinguished Authors. The Year's Obituary, with Portraits. A New and Complete Calendar for Literature. Some Account of the Chief Literary and Scientific Clubs, and Learned Societies and Institutions in the Kingdom, with their Addresses. Directories of Authors, Publishers, and Booksellers. A Directory of the chief Free, Public, and Subscription Libraries in Great Britain and Ireland. Practical Information in connection with the Reading Rooms of the British Museum, Bibliothique Nationale (Paris), and K'dnigliche Bibliothek (Berlin). Articles on various Literary matters. Information concerning the Production of Books and the Processes in Illustration. &c, &c, &c. About 300 pages, crown 8vo., cloth, 3s, 6d. It is hoped that this volume, which deals with every matter of practical interest to the Literary World, will supply a long-felt want. LONDON: GEORGE ALLEN, RUSKfN h0USE, 156, CHARING GROSS ROAD, AND BOOK^LLERft ## p. 208 (#254) ############################################ iv AD VER TISEMENTS. LOWEST PRICES IN LONDON. Authors' M.SS. correctly and neatly copied at lOcl. per lOOO words. ♦ Carbon Duplicates at 3d. ., ,, » LEGAL A.ISTI3 GENERAL COPYING at Id. per folio. * We have a skilled and tcell educated stajr of operators. Gice as a trial, and compare oar trork and prices Kith those of other ojftccs. ♦ LARGE ORDERS ESTIMATED FOR. ♦ 2 Xote our address— ♦ | THE ECLIPSE TYPEWRITING AND SHORTHAND OFFICES, * I 28, FENCHURCH STREET. LONDON, E.C. THE TEMPLE TYPEWRITING OFFICE. "1YPEWRITING EXCEPTIONALLY ACCURATE. Moderate prices. process. Duplicates of Circulars by the latest* OPINIONS OP CLIENTS — Distinguished Author:—"The moBt beautiful typing I hare erer teen." 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(The I.eadenhall Pkess Ltd.), • jO, Leaden hall Street, Lomlon, E.C. Contains hairless paper, over which the pen slips with perfect freedom. Sirpe7ice each: 5s. per dozen, ruled or plain. MESDAMES BRETT & BOWSER, TYPISTS, SELBORNE CHAMBERS, BELL YARD, TEMPLE BAR. Authors' MSS. carefully anil expeditiously copied, from ip. per 1000 words. Extra cirbon copies half price. Refer- encos kindly permitted to Augustine Birrell, Esq., M P., and "Anthony Hope." Crown 8vo., cloth boards, price 6s. HATHERSAGE: A Tale of North Derbyshire. CHARLES EDMUND HALL, Author of " An Ancient Ancestor," Ac. London: Horace Cox, Windsor House, s-buildings. E.C, Printed and Published by Horace Cox, Windsor House, Bream's-buildings. London, E.C. 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, Vol. 07 Issue 08 (January 1897) Subject The topic of the resource The Author, Vol. 07 Issue 08 (January 1897) Source A related resource from which the described resource is derived <a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015049239455" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=mdp.39015049239455</a> Type The nature or genre of the resource Publication Identifier An unambiguous reference to the resource within a given context 1897-01-01-The-Author-7-8 publications The Author