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Title A name given to the resource The Author Subject The topic of the resource <em>The Author</em> Description An account of the resource A digitised run of the Society of Authors' monthly periodical, <em>The Author</em>, 1890<span>–</span>1914, made available together for the first time.<br /><br />Currently users can browse issues and <a href="https://historysoa.com/items/browse?search=&amp;advanced%5B0%5D%5Bjoiner%5D=and&amp;advanced%5B0%5D%5Belement_id%5D=51&amp;advanced%5B0%5D%5Btype%5D=is+exactly&amp;advanced%5B0%5D%5Bterms%5D=Index&amp;collection=&amp;type=&amp;tags=&amp;exhibit=&amp;date_search_term=&amp;submit_search=Search+For+Items&amp;sort_field=Dublin+Core%2CTitle">indices</a> (not available for all volumes). Full text search for all issues, and other additional search functionality, will be added in 2022. Date A point or period of time associated with an event in the lifecycle of the resource 1890–1914 Identifier An unambiguous reference to the resource within a given context The-Author-Issues Publication Date The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format) 1898-04-01 Volume 8 Issue 11 Pages Page range in volume 277–304 Ngram Date Version of the date in YYYYMMDD format for use by the Ngram plugin 18980401 Ngram Text Version of the text with no HTML formatting for use by the Ngram plugin XTbe Hutbor* (The Organ of the Incorporated Society of Authors. Monthly.) CONDUCTED BY WALTER BESA2TT. Vol. VIII. No. ii.] APRIL i, 1898. [Price Sixpence. CONTENTS. PASS! PASB General Memoranda and Warnings 277 , The Cost or Production.—I. Another Set of Estimates. II. The From the Committee 278 BrilUh Wctklg and the Chairman 289 Literary Property— Notefl and News. By the Editor 291 1. A Proposal from the Booksellers. By T. Burleigh 270 The Society's Dinner 2. Lord Berachell's Bill. From the Laic Timet 280 The " Literary Ycar-Book." By the Editor . 3. Art In Lord Herschell'B Bill. By Basil Field 281 i The " Tax " upon Publishers: with the American View 295 4. Mr. Thring on Copyright Legislation 282 5. Copyright in Germany 288 6. A Law Book's Copyright 284 7. To Secure Copyright 285 8. A Question and an Answer 286 9. Old Friends 287 10. A Copyright Action 287 Literature in the Pel lodicals 297 Obituary 298 Correspondence.—1. Mrs. Atherton Explains. 2. An Experi- ence 298 Questions and Answers 299 Personal 300 Book Talk 300 New York Letter. By Norman Hapgood 287 The Books of the Month 302 PUBLICATIONS OF THE SOCIETY. 1. The Annua,! Report. That for January 1897 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, 6$. 6d. per annum. Back numbers are offered at the following prices: Vol. L, 10s. 6d. (Bound); Vols. II., III., and IV., 80. 6d. each (Bound); Vol. V., 6s. 6d. (Unbound). 3. Literature alld the Pension List. By W. Morris Colles, Barrister-at-Law. (Henry Glaisher, 95, Strand, W.C.) 3*. 4. The History of the Societe 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, Ac, 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, 95, Strand, W.C. 3*. 7. Copyright Law Reform. An Exposition of Lord Monkswell's Copyright Bill of 1890. With Extracts from the Report of the Commission of 1878, and an Appendix containing the Berne Convention and the American Copyright Bill. By J. M. Lely. Eyre and SpottiB- woode. is. 6d. 8. The Society of Authors. A Record of its Action from its Foundation. By Walter Besant (Chairman of Committee, 1888—1892). fs. 9. The Contract of Publication in Germany, Austria, Hungary, and Switzerland. By Ernst Lunge, J.U.D. 2*. 6d.  ## p. 276 (#722) ############################################ 11 AD VEli 11 SEMEN 1 'ff. $ociefg of Jluf^ots (gncorporafeb). ib Edwik Arnold, K.C.I.E., C J. H. Barrie. A. W. 1 Beckett. ROBEBT BATEMAN. F. E. Beddabd, P.E.S. Sib Henbt Bebgnk, K.C.M.Q. Sib Walter Besant. AuaCSTINE BlBBELL, M.P.| Rev. Pbof. Bonnet, P.E.S. Right Hon. James Bbtce, M.P Bight Hon. Loed Burghclebe Hall Caine. Eoebton Castle, F.S.A. P. W. Clatden. Edwabd Clodd. w. mobbis colles. Hon. John Collieb. Sib W. Mabtin Conwat. P. Habion Crawford. P -ht Hon. G. N. Cubzon, P.C., PRESIDENT. GEOEGE MEEEDITH. COUNCIL. S.I. | The Earl of Desart. Austin Dobson. a. conan dotle, m.d. A. W. Duboubg. Prof. Michael Foster, P.E.S. D. W. Fbbshfibld. Bichabd Garnett, C.B., LL.D. Edmund Gosse. H. Rideb Haooabd. Thomas Habdt. , P.C. | Anthony Hope Hawkins. Jebome K. Jebome. Rudtabd Kipling. Prof. E. Rat Lankester, F.R.S. W. E. H. Leckt, P.C. J. M. Lelt. Mrs. E. Lynn Linton. Rev. W. J. Loftie, P.S.A. Sib A. C. Mackenzie, Mas.Doc. M.P. I Pbof. J. M. D. Meiklejohn. Hon. Counsel — E. M. Undebdown, Herman C. Merivale. Rev. C. H. Middlbton-Wake. Sib Lewis Mobbis. Henbt Norman. Miss E. A. Ormerod. J. C. Pabkinson. Right Hon. Lobd Pibbbight, P.C, P.R.S. Sir Frederick Pollock, Bart., LLJ>. Walteb Hebbies Pollock. W. Baptists Scoones. Miss Floba L. Shaw. G. R. Sims. S. Squibb Spbigge. J. J. Stevenson. Fbancis Stoeb. William Mot Thomas. H. D. Tbaill, D.C.L. Mbs. Humphbt Wabd. Miss Chablotte M. Yonge. Q.C. A. W. X Beckett. Sib Walteb Besant. Egebton Castle, F.S.A. W. Mobbis Colles. COMMITTEE OF MANAGEMENT. Chairman—Sib W. Martin Conwat. D. W. Freshfield. J. M. Lelt. H. Rider Haggard. Henbt Nobman. Anthont Hope Hawkins. Fbancis Stobe. ART. Hon. John Collieb (Chairman). Sib W. Martin Conwat. M. H. Sfiblmann. SUB-COMMITTEES. MUSIC. C. Villiebs Stanfobd, Mus.D. (Chairman). Jacques Blumenthal. „ .. .. f Field, Roscoe, and Co., Lincoln's Inn Fields. eoi rn 1 G. Herbert Thring, B.A., 4, Portugal-street. DRAMA. Henrt Abthub Jones (Chairman). A. W. 1 Beckett. Edwabd Rose. OFFICES: Secretary—G. Herbert Thring, B_A. 4, Portugal Street, Lincoln's Inn Fields, W.C. JL. IF. WATT &c SOIN", LITERARY AGENTS, Formerly of 2, PATERNOSTER SttTJAEE, Have now removed to HASTINGS HOUSE, NORFOLK STREET, STRAND, LONDON, W.C. THE TEMPLE TYPEWRITING OFFICE. f REWRITING EXCEPTIONALLY ACCURATE. Moderate prioes. Duplicates of Circulars by the latest I process. £ 1 n-DTWTOTIsOF CLIEHTS.—DiSTiKQCiSHKn AcTHOtt:—"The most beautiful typing I have ever Been." Lady of Title:—"Tha | a work waferT we" lncl clearly done." Pbovinoial Editor :—" Many thanks for the spotless neatness and beautiful accuracy." 5 I 'JVLISi '"T< V. EIJDON CHAMBER8, 30, FLEET STREET, E.G. > IT  ## p. 277 (#723) ############################################ b e Hutbor, (The Organ of the Incorporated Society of Authors. Monthly.) CONDUCTED BY WALTER BESANT. Vol. VIII.—No. n.] APRIL i, 1898. [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 1'hring, 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. ijm 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 praotioe to insert, im every number of The Author, certain " General Con- siderations," Warnings, Notioes, &e., for the guidance of the 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 clause 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 bo 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 attended to: (1.) Not to sign any agreement in whioh the cost of pro- duction forms a part. (2.) Not to give the publisher the power of. putting the profits into his own pocket by charging for advertisements VOL. VIII. 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 the 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 objeoted 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 whioh belong to the author. We are advised that this is a right, in the nature of a common law right, which cannot be 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 shall be duly entered. If these points are carefully looked after, the author may rest pretty well assured that he is in right hands. At the same time he will do well to send his agreement to the secretary before he signs it. C C 2  ## p. 278 (#724) ############################################ 278 THE AUTHOR. HOW TO USE TEE SOCIETY. I. Ill VERT member has a right to ask for and to receive Pj advice upon his agreements, his choioe of a pub- lisher, or any dispute arising in the condaat of his business or the administration of his property. If the advioe 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 oase is such that Counsel's opinion is desirable, the Com- mittee will obtain for him Counsel's opinion. All this without any cost to the member. 2. Remember that questions connected with copyright and publisher's agreements do not generally fall within the experience of ordinary solicitors. Therefore, do not scruple to use the Society first—our solicitors are continually engaged upon suoh 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 proveB unfavourable, you should take advice as to a ohange 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 oase of fraudulent houses—the trioks 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 advanoing 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 AUTHORS' SYNDICATE. THE services of the Authors' Syndicate may be secured by members upon terms to be arranged between themselves and it. NOTICES. THE Editor of The Author begs to remind members of the Society that, although the paper is sent to them free of charge, the cost of producing it would be a very heavy charge on the resources of the Society if a great many members did not forward to the Secretary the modest 6». 6d. subscription for the year. The Editor is always glad to receive short papers and communications on all subjects connected with literature from members and others. Nothing can do more good to the Society than to make The Author complete, attractive, and interesting. Will those who are willing to aid in this work send their names and the special subjects on which they are willing to write? Communications for The Author should reach the Editor not later than the 21st of each month. All persons engaged in literary work of any kind, whether members of the Society or not, are invited to communicate to the Editor any points oonnected with their work which it would be advisable in the general interest to publish. Members and others who wish their MSS. read are requested not to Bend them to the Office without previously communicating with the Secretary. The utmost practicable despatch is aimed at, and MSS. are read in the order in which they are received. It must also be distinctly under- stood that the Society does not, under any circumstances, undertake the publication of MSS. The present location of the Authors' Club is at 3, White- hall-court, Charing Cross. Address the Secretary for information, rules of admission, 4c. Will members take the trouble to ascertain whether they have paid their subscriptions for the year? H they will do this, and remit the amount, if still unpaid, or a banker's order, it will greatly asrist the Secretary, and save him the trouble of Bending out a reminder Members are most earnestly entreated to attend to the following warning. It is a most foolish and may be a most disastrous thing to enter into an agreement binding for a term of years. Let them ask themselves if they would give a solicitor the collection of their rents for five years to come, whatever his conduct, whether he was honest or dishoneet? Of oonrse 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 clause was inserted three or four years ago. Estimates have, however, recently been obtained which show that the figures in the book may be relied on as nearly correct: as near as is possible. Some remarks have been made upon the amount charged in the " Cost of Production" for advertising. Of oourse, we have not included any sums whioh may be charged for inserting advertisements in the publisher's own magazines, or in other magazines by exchange. As agreements too often go, there is nothing to prevent the publisher from sweeping the whole profits of a book into his own pocket, by inserting any number of advertisements in his own magazines, and by exchanging with others. Some there are who call this a form of fraud; it is not known what those who practise this method of swelling their own profits call it. FROM THE COMMITTEE. THE Roxburghe Press Limited, has, we understand, gone into voluntary liquida- tion. All claims on behalf of members of the Society against the company should, therefore, be sent in to the Society's offices as soon as pos- sible. Mr. Justice Wright has ordered the con- tinuation of the voluntary winding-up under the supervision of the court.  ## p. 279 (#725) ############################################ THE AUTHOR. 279 It should be further stated that Stories Limited has also gone into liquidation, and a liquidator has been appointed under the Companies Acts for the purpose of winding-up the company. All claims should at once be sent in to the Secretary's offices, as the matter is in the hands of the Society's solicitors. G. H. Thbinq, Sec. LITERARY PROPERTY. I.—A New Scheme of Publishing. ME. T. BURLEIGH, hon. sec. of the Book- sellers' Association, has communicated to the Committee the following scheme of a new system of publishing. The objects of the following scheme are— (1) To give booksellers the same profit off all books (except educational books at 6s. and under) that they at present receive off 6s. novels; while the publishers are not asked to give better terms than they do at present. (2) To enable booksellers to charge more for credit than for cash. Scheme, I. Odd books to be abolished, and all books to be supplied at the average present terms. II. The invoiced price of each book to be the lowest cash price to the public. [This rule not necessarily to apply to books supplied in bulk to schools and school boards.] Thus— (a) Nett books would be invoiced at full published prices. (6) Novels and similar non-nett books at 6*. and under, would be invoiced at 25 per cent, off published prices. (c) Non-nett books above 6*. (on which the price to the public does not need to be "cut so fine") would be invoiced at not more than 2d. in the is. off pub- lished prices. III. A minimum trade discount of 20 per cent, to be allowed at settlement to those booksellers who ayree not to sell books to tlie public below tlie invoiced price, and to them only. (In the case of educational books published at 6s. and under, the discount at settlement might be 15 per cent, instead of 20 per cent.) The settlement discount for prompt payment might be arranged by publishers and booksellers individually; for, from the following figures it will be seen that a publisher could give, in addition to the minimum discount of 20 per cent., an additional i\ per cent, for prompt payment, and yet receive as much as he does at present. Books above 6s. Present Terms. £. s. d. £ s.'d. 3 Books at io». 6d., 7s. 6d 1 2 6 13/12^ n io«. 6d., 7«. 6d 4 13 9 13/12 „ 1 o«. 6d., js. 6d 4 10 o 10 6 3 Less s per oent o 10 3 9 16 o Suggested Terms. 29 Books at 10s. 6d., 8a. gd ^12 13 9 Less 20 per cent 2 10 9 10 3 o Novels at 6«. and under. Present Terms. 3 Novels at 6s., 4s. 2d 012 6 7/6J „ 6s., 4s. 2d 1 7 1 7/6i „ 6»., 4s 1 6 o 3 5 7 Less 5 per oent o 3 3 324 Suggested Terms. 17 Novels at 6s., 4s. 6j 3 16 6 Less 20 per cent 015 3 3 « 3 Educational books at 6s. and under. Present Terms. 3 Books at 6s., 4s. 2d o 12 6 7j6\ „ 6s., 4s. 2d 1 7 1 13/12$ „ 6s., 4s. 2d 2 12 1 4 11 8 Less s per oent 047 4 7 1 Suggested Terms. 23 Books at 6s., 4s. 6d 5 3 6 Less 15 per oent o 15 6 480 Adding these together we get— Present Terms. Suggested Terms. £ s. d. £ s. d. 9 16 o 10 3 o 324 3 1 3 471 480 £17 5 5 <*'7 12 3 But nothing is allowed in these estimates for travellers' terms given on present rates, which would amount to say 1 per cent, on the whole account. Deducting this amount off present terms, and 2 i per cent, off the total of the sug- gested terms, we find— Present Terms. Suggested Terms. £ $. d. £ 1. d. 17 5 S 17 '2 3 Deduct 1 per Deduct z\ per cent 034 cent o 8 jo .£17 2 1 .£17 3 S  ## p. 280 (#726) ############################################ 28o THE AUTHOR. Pro Forma Account. Messrs. A. B. C, booksellers, Oxford, in account with Messrs. X. Y. Z., publishers, London. A trade discount at settlement will be allowed only on condition that these boohs are not sold to the public under the invoiced prices. Acceptance of these books is to be deemed an agreement to these conditions. £ s. d. £ a. d. 3 A.'a Travels in America, nett I 16 O 4 B.'a Africa, 12». 10s. ■■ 200 12 E.'a Algebra, 6s. 4s. 6d. = 214 o 12 F.'a Novel, 6s. 4s. 6d. = 2 14 o £2 14 o £6 10 o 15 per cent, off £2 148 080 £260 20 per cent, off £6 10s. 1 6 o £5 4 o 260 £7 10 o The total of the above account brings about 21 per cent, more to the publisher than the present terms. May I point out: 1. That all booksellers are offered books upon the same terms, whether they are 2d. or 3d. dis- counters. It is open to anyone to refuse these terms. 2. The abolition of the odd copy enables the smaller bookseller to stock, without ruin, a few of each. It also makes "sale or return" possible. As already pointed out, with the odd copy, this is a delusion. 3. Competition amongst publishers is left open because the settlement discount may be raised by bargain between individual publishers and book- sellers. A suggestion has been made that the Book- sellers' Association should be advised by a professional reader. But I think "sale or return" covers it. There is no risk taken, the bookseller can judge for himself whether the book will suit his trade. For position of shop and personal connections are considerations that count a good deal—what would do for me at one place is useless at another—and many good in one are useless in another. This applies specially to poetry, theology, short biographies, and such books as are not talked about, but not to large ones, such as " Tennyson's Life," Lord Eoberts'" India," Bryce's "Impressions of South Africa." These are bought if seen by casual visitors (mostly to give away) upon the strength of the name. T. BuBLEIGH. II.—Lord Hersc hell's Bill. The Copyright Bill of Lord Herschell, "to con- solidate and amend the law relating to copy- right," unfortunately appears without any preliminary memorandum, so that it is difficult, if not impossible, to distinguish the old law from the new. Lord Herschell is one of the few surviving members of the Copyright Commission of 1878, and while in the House of Commons, obtained leave, in conjunction with Mr. Edward Jenkins, to introduce a Bill to codify the tangled law of this subject, so that he moves in the matter with an authority second to none in the country. We see no reason, however, to change the opinion, which we have more than once expressed, that amendment should, in the case of copyright law, precede consolidation, and not be mixed up with it. Lord Monks well's Bill, which passed the House of Lords last session after examination by a Select Committee, and has lately passed a second reading in that House, was framed on these lines, and we hope that the Government will assist its passing as soon as it reaches the House of Commons. An article by Mr. Thring in the current number of the Fortnightly Review summarises this Bill, and fully gives the reasons for preferring it, at the present juncture, to a consolidating one. Lord HerschelFs Bill contains fifty-three clauses and repeals nineteen Acts, amongst them being what we take to be Lord MonksweU's Bill when it shall become an Act, the figures "61" standing by themselves in a. schedule of Acts proposed for repeal, of which the last is " 51 & 52 Vict. c. 17, the Copyright (Musical Compositions) Act, 1888." The principal amendments which Lord Herschell's Bill will effect are the change of the term of copyright from forty-two years, or the life of the author and seven years, to the duration of the life of the author and thirty years after his death, the restriction on abridgments, the reduction of the period after which contributors to magazines may publish separately from twenty-eight to three years, the summary pre- vention of unlawful hawking of copyright works, and a curious allowance of republication in this country of any article of political discussion which has been published in any newspaper in a foreign country "if the source is acknowledged." —Law Times.  ## p. 281 (#727) ############################################ THE AUTHOR. HI. — Copyright. — Short Notes on Lord Herschell's Bill (1898) so far as it Relates to Artistic Works. Communicated to the Copyright sab-committee of the Incorporated Society of Authors. The intention of this Bill is favourable to the art producer. It seeks to treat the man who expresses his thought on canvas with a paint-brush as it treats the man who expresses his thought on paper with a pen, and to give him equal rights over and protection for the property he has created. This is just, and has been the object steadily kept in view in the various Bills for amending the present law introduced by Mr. Hastings, Mr. Agnew, Lord Monkswell, and others. Before examining the mode of carrying this ♦bject into effect, it may, however, be observed that whereas in literary work registration is a condition precedent only to enforcing the author's rights, in artistic work it is a condition precedent to the rights themselves. In other words that the author need not register until he has cause to take legal proceedings; whereas the artist can get no redress or compensation for wrongful acts committed before registration. The commandment "Thou shalt not steal " is read, "Thou shalt not steal 'registered work.'" Registration has always been a pitfall to the artist. It has been a boon to the pirate, who can by examining the register ascertain whose brains he may pick with impunity. It lias doubtless been of great use to the legiti- mate art publishing trade in easily and cheaply supplying prim/1 facie proof of title to copyright in cases of infringement by photographers of copyright in works engraved or otherwise repro- duced by them. But this trade advantage would still be available were registration optional or precedent to action only, as in literature, which it is suggested it should be. The art publisher is a man of business and would register if he found it worth his while so to do. Thirty-six years' experience has shown that the artist is not, as a rule, a man of business and does not register, though he often suffers from his neglect. Indeed, as there are many thousand original works of art exhibited every year, to say nothing of the unexhibited, and of these, as it is impossible to predict which will be of value for reproduction, it is not to be expected he should go to the expense and trouble of registering bis works. It would seem more reasonable without recourse to the register to presume the copyright to be in the artist until the contrary is shown. An art publisher who has acquired it by assignment in writing can have no difficulty in proving his title —whether registered or not—but he probably would register for the sake of convenience. The only difficulty that could arise would be in the case of "commissioned work," where no written assignment of copyright is now by law, or in the present Bill, required to invest the commissioner with the copyright. It is submitted that there is no essential or inherent diffierence between work executed on commission, and work that is sold. Both are the offspring of the artist's brain expressed by him in concrete form in his work, and it seems reason- able that in the absence of special agreements, control and command of reproduction should be equally his in either case. He is the natural guardian of his own work, and the person to whom the art publisher would, as a matter of course, apply if he wished to engrave his work— while the purchaser or other owner of the paintin/ can, independently of copyright, sit on his picture, as a mortgagee can on his deeds, and defy both painter and publisher—though as a matter of fact most owners like to have their picture engraved, as it enhances its value. The distinction between an agreement to buy an unfinished work and a commission to paint one —maybe from an existing sketch—is often very slight, and yet upon this distinction depends the ownership of the copyright. This anomalous treatment of commissioned work owes its origin to a natural desire to protect the subjects of portraiture (which is chiefly com- missioned work) from the danger of multiplica- tion and sale of their likenesses without their consent; which it was anticipated might result from the control being left in the hands of the artist, and as photography was included in the Fine Art Act of 1862, this fear was not ill- founded. It was a clumsy expedient, and does not work well in practice. For instance, some years ago it was desired to engrave a subscription portrait of the popular master of a well-known hunt which had been presented by the hunt to his wife. It had been painted on commission. Who owned the copyright? The body of subscribers or the hon. secretary, who was their mouthpiece in arranging with the artist? Again, there are many commissioned pictures that are not portraits. A large collector, who owned many such, got into money difficulties, and sold his collection to meet his liabilities. The copyright in these remained vested in him. Suppose him to have died, shortly after the sale.  ## p. 282 (#728) ############################################ 282 THE AUTHOR. so poor that no one cared to administer his estate. No one could make a title to the copyright of any of these pictures. Then came the difficulty about replicas. Several well known R.A.'s, now deceased, were notorious for multiplying copies of their most popular works, generally for America or the Col lonies. Unless by chance any of their works were painted on commission, the owner, who may have paid a long price for a work he considered unique, was liable at any time to find in the market other examples of the work, of the same size and in the same material as his own; nor was it always certain which was the original in point of date. The simplest and most consistent plan of meet- ing all difficulties seems to be that adopted by the Royal Academy of Arts in their Bill, and. followed by the Bill Lord Monkswell introduced for the Society of Authors, namely, in the absence of special agreement, to give the copyright in all cases to the artist, but to safeguard both com- missioner and purchaser alike against replicas such as could imperil the identity or value of the original work; and in the case of portraits, to forbid, in the absence of special agreement, all reproductions in any form of art without the consent of the person by whom or on whose behalf the portrait was paid for. This mode of dealing with the subject not only recommends itself to artists but to purchasers, dealers, and art publishers, as may be gathered from the fact that Mr. Agnew (now Sir William) one of the largest purchasers and dealers in the kingdom, put his name on the back of the Bill prepared by the Royal Academy of Arts, and that it was approved amongst others by some leading members of the "Printsellers' Asso- ciation." With these objections to the scheme and general form of the Bill, it seems unnecessary to criticise its provisions in detail. It is, however, evident on the most cursory perusal of this Bill that if its general scheme of treatment were unfortunately adopted, much alteration of detail would be necessary. For example. Who can say when an original work of art first comes into existence? It may be possible to say approximately wrhen some par- ticular figure subject has become so far advanced as to indicate the intention of the painter. But in the case of a landscape — such as one of Turner's, for instance—a few touches of high light and a dark cloud, often painted on varnishing day, after the work lias actually been hung on the walls of the exhibition, will totally change its composition. Again, I have known figure subjects first come into existence in pen and ink on the fly leaf of an old letter, and even on the blotting- pad at the old "Art's Club." This difficulty arises from the draftsman having in his mind the particular piece of painted canvas rather than the design of the artist expressed on that canvas, which design is- capable of being expressed in many other forma of art. "Design" is, I think, only mentioned once in the Bill (clause 21), and is not defined or interpreted. The old stumbling-block "publication" appears again in this Bill. "Publication " is applicable to engravings and other reproductions; but it has been found to give rise to much trouble when applied to original works of creative art, capable of alteration even after completion. One more criticism of detail. Under this Bill the subsequent purchaser of a picture originally painted on commission could not without sub- jecting himself to the risk of penalties lend it for such an exhibition as that lately held at Burlington House of the works of the late Sir John Millais. He would have to get the consent of the person for whom it was originally painted or his representatives—people probably unknown to him, and who might even be trustees of a marriage settlement, committees in lunacy, or trustees in bankruptcy. Basil Field. March 23, 1898. IV.—" Recent Attempts at Copyright Legislation." The Secretary of the Society, Mr. G. H. Thring, has contributed to the Fortnightly Review for March a paper in which he briefly traces the history of Copyright legislation in this country and describes recent attempts made at mending or consolidating the various Acts passed from time to time. It has been found that many of our readers take a practical interest in the question. They are referred to the article itself, which they are recommended to preserve separately as a useful resume of the whole question. In the year 1896 a sub-committee was appointed by the Society of Authors to consider the question of consolidating and amending the Copyright Acts. "The question of applying for a full, consolidating, and amending Bill was very seriously discussed, and finally, for several reasons, set aside." Here we are referred to the opinion of Sir Courtenay Ilbert: Experience shows that, under existing conditions of English Parliamentary Government, consolidation should not be combined with substantial amendment of the law. Where a Bill aims both at consolidation and at amendment,  ## p. 283 (#729) ############################################ THE AUTHOR. 283 it is practically impossible to confine proposals for amend- ment to the new provisions as distinguished from those which are merely reproductions of existing law. The whole Bill becomes open to criticism and amendment in com- mittee, and if the subject is in the least degree contentions, the chances of passing it are very small. Where amendment of substance, as well as of form, is needed, one of three courses may be adopted. An amending Bill may be introduced, and, when passed, followed by a con- solidation Bill. Or, when the provisions of the amending Bill are past the committee stage, they may be embodied in a consolidation Bill. This course was adopted with the Housing of the Working Classes Aot, 1890, and the Public Health (London) Aot 1891, but is attended by many risks, and is difficult to combine with the more recent practice of referring consolidation Bills to a joint committee of both Houses. Or, lastly, it may be more expedient to make • onsolidation precede substantial amendment, an assurance being given that re-enactment of the existing law is notin any way to prejudice or preolude future amendments. The fact is that simplification of the form of the law facilitates amendments of substance. Mr. Thring points out, further, that a Bill embodying the question of consolidating Acts of Parliament is never likely to be brought forward, except by the Government: It is no longer a question of obtaining uniformity for different kinds of literary and artistio property, and for the methods of dealing with them in Great Britain and Ireland. There is the wide question further involved of the British Colonies, which question, a little time back, reached a very acute stage with regard to the reproduction of oopyright books in Canada, and there is the still wider question of International copyright under the Berne Convention. To have a full knowledge on these points, it is absolutely necessary to be behind the scenes, and to know the negotia- tions of the Colonial and Foreign Office that have been or may be pending. The Society, therefore, wisely settled to bring forward a small amending Bill which might deal with the points which were in most pressing need of amend- ment. A Bill was accordingly prepared, with the support of a committee nominated by the Pub- lishers' Association, and another by the Copy- right Association It was read in the House of Lords for thf> third time last year. Unfortu- nately, the secretary of the Copyright Association summoned a committee in the autumn to consider a full Consolidating and Amending Bill. This Bill has been pushed forward and been brought into the House of Lords at the beginning of this Se ssion concurrently with the Bill of the Authors' Society. It is feared that the Government will show some support to the Bill of the Copyright Association, as they know it will be impossible to push the measure through both Houses, and that, therefore, the (to them) worrying question of Copyright Legislation and Imperial Federa- tion will be postponed indefinitely. Mr. Thring states that the Society of Authors refused to join the proposed joint committee for the promotion of the Bill on the grounds that it was impossible to pass it ■. that it would injure the Amending Act: VOL. VIII. that the draftsmanship was doubtful: that it con- tained clauses materially differing from those already approved iu the Amending Act: and that amendment must come before consolidation. In other words we had a good Bill as far as it could be: there was a chance of passing it. As to the Bill itself, it is marked private and cannot be discussed. Since Mr. Thring wrote this article the Consolidation Bill has passed the second reading in the House of Lords, and is, therefore, in print. The Copyright Committee of the society are now further considering what course it should advise the society to adopt in order, if possible, to save the situation. Mr. Thring concludes his case with the following words: Where suoh serious questions as the position of Great Britain and Ireland with its Colonies, and with other countries in the universe, have to be discussed, it is not only fitting, but absolutely necessary, that the party representing public opinion at the time should take np a subject so vast and so important. It cannot possibly be of any avail that a few gentlemen, honourably known as pub- lishers, or highly gifted as authors, should solemnly sit down to discuss a consolidating Bill without any recognised legal adviser or Parliamentary draftsman, and without any previous and laboured inquiry into the copyright laws. V.—Copyright in Germany. A notification as to provisions for the execution of the Convention respecting the formation of an International Union for the protection of works of literature and art, concluded at Berne on Sept. 9, 1886, has recently appeared in the official "Central Blatt," and will be of interest to British authors, Ac. The following is a translation :— The treaties which existed between the German Empire and several German States on the one part, and Great Britain on the other part, relative to the protection of copyright in works of literature and art, were put out of force on Djc. 16, 1897. For works of British origin, which have hitherto been dealt with in accordance with the provisions of those treaties, the follow- ing regulations, based npon S. 2 of the Ordinance of 29th Nov., 1897 (Reichsgesetzblatt, p. 787), respecting the execution of the Convention for the formation of an International Union for the pro- tection of works of literature and art, concluded at Berne on Sept. 9, 1886, shall apply in regard to the stamping and registration of the specimens and apparatus described therein. S. 1. Whosoever shall be in possession of copies or specimens of works of literature and art (writings, pictures, drawings, musical compositions, works of sculpture), which on Dec. 16,1897, had already been D D  ## p. 284 (#730) ############################################ 284 THE AUTHOR. produced, or were 011 that day in course of pro- duction, shall be under the obligation, should he desire to sell or distribute the same, to submit them for stamping to the police authorities of his place of residence on or before March 31, 1898. Booksellers, commission agents, &c, who may be in possession of such copies or specimens, can submit them for stamping on behalf of the pub- lishers or of their clients without producing a special power of attorney. S. 2. The police a\ithorities shall keep an exact list of the copies or specimens submitted to them in the form indicated by the enclosed model (marked A), and shall stamp each separate copy or specimen with their official seal. S. 3. Whosoever shall be in the possession of appa- ratus of the kind described in s. 1, No. 1, of the Ordinance (such as moulds, engraved plates, lithographers' stones, stereotypes, &c), and desires to continue using them for the production of copies—at most until Dec. 31, 1901—must submit such apparatus for stamping to the police authorities of his place of residence on or before March 31, 1898. The copies produced by means of the stamped apparatus need not themselves be stamped. If desired, however, this also can be done. Any person who wishes to have such copies stamped must submit them to the police autho- rities on or before Dec. 31, 1901. . S- 4- The police authorities shall keep an exact list of the apparatus submitted to them in the form indicated by the enclosed model (marked B.), and shall stamp the apparatus with their official seal in such a manner as to injure them as little as possible, while guarding against the possibility of the erasion of the stamp. They shall also, if copies produced by such apparatus are submitted to them for stamping, keep an exact list of such copies, according to Model A., mentioned in s. 2, and stamp each separate copy with their official seal. S. 5. The police authorities are not called upon to determine whether the production of the copies or the use of the apparatus was permissible; on the other hand, they shall refuse the stamping in case they ascertain that the copies or specimens referred to in s. 1 or the apparatus referred to in s. 3 did not yet exist on Dec. 16, 1897, or that the printing of copies had not yet commenced on that day, or that the copies described in s. 3 have been produced by means of unstamped apparatus. S. 6. The list shall be sent in by the police autho- rities to the competent central authorities within six weeks after their completion, and shall be pre- served by the latter. A notice on the part of the police authorities that no copies or apparatus have been presented for stamping is not neces- sary. S. 7. No fee shall be charged for the registration and stamping of copies or apparatus. For the Imperial Chancellor. (Signed) Nieberding. Berlin, Feb. 3, 1898. A. List of Copies presented for stamping to the undersigned police authorities. No. Date of Pre- sentation. Name or firm of person presenting copies. Title of tbe writ- ings, pictures, eom- positions. <fec. Number of List of Apparatus (moulds, plates, stones, stereotypes, &c.) presented for stamping to the undersigned police autho- rities. B. copies stamped. Name or firm of person presenting apparatus. Title of the writ- ings, pictures, com- positions, Ac., to be produced by the apparatus. Description and size of No. Date of pre- sentation. the apparatus. VI.—A Law Book's Copyright. Chancery Division.—Before Mr. Justice Romer. Palmer v. Effingham Wilson and Simonson was an action by Mr. Francis Beaufort Palmer, the author of "Company Precedents," a well-known work on company law and practice, against the defendants, Effingham Wilson (publisher) and Mr. Paul Frederick Simonson (barrister), for the purpose of establishing that a book on " Deben- tures and Debenture Stock," recently published by the defendants, was an infringement of the plaintiff's copyright in "Company Precedents," and for an injunction and damages. The case was heard, and occupied the whole of the sitting of the court on Tuesday, and it was now con- cluded. Mr. Levett, Q.C., Mr. Swinfen Eady, Q.C., and Mr. Dickinson were for the plaintiff; and Mr. Farwell, Q.C., and Mr. Scrutton for the defendants. The plaintiff and the defendant Simonson both gave evidence on affidavit, and were cross- examined, and at the conclusion of the learned counsel's speech for the defence, the judge, with- out calling on the counsel for the plaintiff to  ## p. 285 (#731) ############################################ THE AUTHOR. 285 reply, asked whether the plaintiff would be dis- posed to make any concession to the defendant in respect of the copies already printed. This the plaintiff's counsel stated that he was quite ready to do, and after some discussion the following order was made by consent: The defendants, their printers, agents, and workmen to be restrained by the order and in- junction of the court from printing, publishing, selling, delivering, or otherwise disposing of, or advertising or exposing for sale the said book of the defendant Simonson, or any copy or copies thereof, and any book containing any passage or passages copied, taken, or colourably altered from the plaintiff's said books, and from doing any other act or thing in invasion or infringement of the plaintiff's said copyright in his said works. The defendants to pay the costs of the action, and also .£50 by way of damages to the plaintiff, and the plaintiff to allow the defendants to sell 300 copies of the defendant's book, including those already sold.—Extracted from the Daily Telegraph, March 3. VII.—Directions for Securing Copyrights. Under the Revised Acts of Congress, including the Pro- visions for Foreign Copyright, by Aot of March 3, 1891. 1. A printed copy of the title of the book, map, chart, dramatic or musical composition, engraving, cut, print, photograph, or chromo, or a description of the painting, drawing, statue, statuary, or model or design for a work of the fine arts, for which copyright is desired, must be delivered to the Librarian of Congress, or deposited in the mail, within the United States, prepaid, addressed Librarian of Congress, Washington, D.C. This may be done on or before day of publication in this or any foreign country. The printed title required may be a copy of the title page of such publications as have title pages. In other cases the title must be printed t.vpressly for copyright entry, with name of claimant of copyright. The style of type is immaterial, and the print of a typewriter will be accepted. But a separate title is required for each entry, and each title must be printed on paper as large as commercial note. The title of a periodical must include the date and number; and each number of the periodical requires a separate entry of copyright. 2. The legal fee for recording each copyright claim is 50 cents, and for a copy of this record (or certificate of copyright under seal of the office) an additional fee of 50 cents is required, making 1 dollar, if certificate is wanted, which will be mailed as soon as reached in the records. TOL. Till. For publications which are the production of persons not citizens or residents of the United States, the fee for recording title is 1 dollar, and 50 cents additional for a copy of the record. Certificates covering more than one entry in one certificate are not issued. Money orders, bank cheques, and currency only taken for fees. No postage stamps received. 3. Not later than the day of publication in this country or abroad, two complete copies of the best edition of each book or other article must be delivered, or deposited in the mail within the United States, addressed Librarian of Congress, Washington, D.C, to perfect the copyright. The freight or postage must be prepaid, or the publications enclosed in parcels covered by printed Penalty Labels, furnished by the Librarian, in which case they will come free by mail (not express), without limit of weight, according to rulings of the Post-office Depart- ment. Books must be printed from type set in the United States, or from plates made there- from; photographs from negatives made in the United States; chromos and lithographs from drawings on stone or transfers therefrom made in the United States. Without the deposit of copies above required the copyright is void, and a penalty of 25 dollars is incurred. No copy is required to be deposited elsewhere. The law requires one copy of each new edition, wherein any substantial changes are made, to be deposited with the Librarian of Congress. 4. No copyright is valid unless notice is given by inserting in every copy published, on the title page or the page following, if it be a book; or if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary, or model or design, intended to be perfected as a work of the fine arts, by in- scribing upon some portion thereof, or on the substance on which the same is mounted, the following words, viz.: "Entered according to act of Congress, in the year , by , in the office of the Librarian of Congress, at Washington, or at the option of the person entering the copyright, the words: Copyright, 18—, by — ." The law imposes a penalty of 100 dollars upon any person who has not obtained copyright who shall insert the notice, " Entered according to act of Congress," or "Copyright," or words of the same import, in or upon any book or other article. 5. The copyright law secures to authors and d d 2  ## p. 286 (#732) ############################################ 286 THE AUTHOR. their assigns the exclusive right to translate or to dramatise any of their works; no notice or record is required to enforce this right. 6. The original term of a copyright runs for twenty-eight years. Within sir months before the end of that time, the author or designer, or his widow or children, may secure a renewal for the further term of fourteen years, making forty- two years in all. Applications for renewal must be accompanied by a printed title and fee; and by explicit statement of ownership, in the case of the author, or of relationship, in the case of his heirs, and must state definitely the date and place of entry of the original copy- right. Within two months from date of renewal the record thereof must be advertised in an American newspaper for four weeks. 7. The time of publication is not limited by any law or regulation, but the courts have held that it should take place " within a reasonable time." A copyright may be secured for a projected as well as for a completed work. But the law pro- vides for no caveatt or notice of interference— only for actual entry of title. 8. Copyrights are assignable by any instrument of writing. Such assignment to be valid, is to be recorded in the office of the Librarian of Congress within sixty days from execution. The fee for this record and certificate is 1 dollar, and for a certified copy of any record of assignment dollar. 9. A copy of the record (or duplicate certifi- cate) of any copyright entry will be furnished, under seal of the office, at the rate of 50 cents, each. 10. In the case of books published in more than one volume, or of periodicals published in numl>ers, or of engravings, photographs, or other articles published with variations, a copyright must be entered for each volume or part of a book, or number of a periodical, or variety, as to style, title, or inscription, of any other article. To complete the copyright on a book published serially in a periodical, two copies of each serial part as well as of the complete work (if published separately), should be deposited. 11. To secure copyright for a painting, statue, or model or design intended to be perfected as a work of the fine arts, a definite title and descrip- tion must accompany the application for copy- right, and a mounted photograph of the same, as large as "cabinet size," mailed to the Librarian of Congress not later than the day of publication of the work or design. The fine arts, for copyright purposes include only painting and sculpture, and articles of merely ornamental and decorative art should be sent to the Patent Office, as subj ects for design patents. 12. Copyrights cannot be granted upon trade marks, nor upon names of companies, libraries, or articles, nor upon an idea or device, nor upon prints or labels intended to be used for any article of manufacture. If protection for such, names or labels is desired, application must be made to the Patent Office, where they are regis- tered, if admitted, at a fee of 6 dollars for labels, and 2 5 dollars for trade marks. 13. The provisions as to copyright entry in the United States by foreign authors, &c, by act of Congress approved March 3, 1891 (which took effect July 1, 1891), are the same as the fore- going, except as to productions of persons not citizens or residents, which must cover return postage, and are 1 dollar for entry, or 1.50 dollar for entry and certificate of entry (equiva- lent to 4*. 5c?. or 6*. 7<1.). All publica- tions must be delivered to the Librarian at. Washington free of charge. The free penalty labels cannot be used outside of the United States. The right of citizens or subjects of a foreign nation to copyright in the United States extends by Presidential proclamations to Great Britain, France, Belgium, Switzerland, Germany, Italy, Denmark, and Portugal; and Americans can secure copyright in those countries. For this direct arrangements must be made abroad. The Librarian of Congress cannot take charge of any foreign copyright business. 14. Every applicant for a copyright should state distinctly the full name and residence of the claimant, and whether the right is claimed as author, designer, or proprietor. No affidavit or witness to the application is required. Office of the Librarian of Congress. Washington, 1895. VIII.—A Question and an Answer. Feb. 8, 189S. A man is offered by a publisher a certain per- centage on the published price of a book. The author accepts this, believing, as one would naturally suppose, that the book was to be pub- lished subject to the usual discounts to the trade. The publisher produces the book as a nett book, and pays the author on the published price; but. of course, receives a much greater amount for himself than he would have done if it was subject to the usual discounts. Has the author any right of "objecting on the grounds that he signed the agreement believing that the book was going to be published subject to the usual discounts"?  ## p. 287 (#733) ############################################ THE AUTHOR. 287 Reply by the Society's Solicitor. I would say—if there is no express or implied obligation to the contrary in the contract—the publisher can sell without the usual trade dis- counts (assuming, of course, he acts in good faith). When I say implied, I refer to implication from words used in the contract, not from the ordinary course of business. If there be any express or implied obligation to sell subject to usual dis- counts, and the publisher breaks this, the author's remedy would be for damages (the most palpable damages would be if he could show that the publisher had sold fewer books in con- sequence); it would not give him a right to repudiate the contract, or to claim a higher royalty. 36, Lincoln's-inn-fields, London, W.C. Feb. 9, 1898. IX.—Old Friends. Our readers may make a note that while our old friends often quoted in these columns still continue, the principal partner has retired from it, and is now carrying on business apparently on the same lines. The flavour or aroma of the old firm clings to the new. I have seen two of his letters. The first begins in the old familiar way by stating that " I have received from my reader the report on this work, and it is sufficiently favourable to induce me to make you the following offer," &c. The offer means that the author has to pay a certain sum of money—in the case before us .£75. The publisher proposes to spend ,£30 on advertis- ing the book; the remaining £45 is to pay the cost of production. The author is to receive three-fifths of the "net proceeds" of sales. The publisher is to print 1500 copies. As the book is to be published at 3*. 6d., it is presumably a good deal shorter than the average 6s. novel. Let us see what the "cost of production" may mean. We assume, for want of further informa- tion, a book of small pica of 12 sheets of 16 pp., or 6 sheets of 32 pp., and we copy from an esti- mate before us, somewhat lower than our own— remember that the figures are only guess work, but this is an average. If the book is longer the cost would be greater. Composition, £2 7*. 6d. per sheet £ s. d (6 sheets) 14 5 o Printing, £1 7s. (6 sheets) 8 2 o Paper, at 2\d. per lb 8 9 9 Binding, say 120 copies to begin, at 4</ 2 o o 32 16 9 Of course the publisher is not obliged to bind more than are wanted. We have put the demand at 80 copies, and the "press " at 40. The "net proceeds" of sales may mean any- thing. In another letter before us the same publisher has received from his reader "a favourable opinion on the whole" of the work. He offers therefore to produce 3000 copies; to bind in attractive cloth as demands warrant; to publish at is. 6d.; to spend .£20 in advertising the book; and to pay the author two-thirds of the "net proceeds" of sales. In return the author is to pay £65. It is impossible to speculate as to a book at this price, which may mean anything. We remark, however, that the trade price of such a book would be about iod., so that on the most favourable terms—if the whole 3000 were sold, less fifty presentation and author's "copies "— the lucky author would actually make about ,£17— all for himself. What the publisher would make, one knows not from ignorance of the book. X.—A Copyright Action. In the Westminster County Court, Hudson and Others v. Stead was tried by Judge Lumley Smith, Q.C. The action was for an injunction to restrain the defendant from selling, in a volume of " Penny Poets," a poem by Mr. Coulson, which was the property of the plaintiffs. It was sub- mitted that care had been taken to include only those poems for which leave had been obtained from the authors or proprietors, and that the sale of the book was stopped on the plaintiff's com- plaining. In the end an injunction was granted, the counsel stating that he did not ask for damages, but for the sale of the poem to be stopped. NEW YORK LETTER. New York, March 18. PROBABLY there is no way in which the literary taste of this country, and espe- cially of this city, has been illustrated more clearly this year than in the fate of the various efforts to produce the literary drama. The total result seems to indicate that our public is becoming more cultivated, to have more taste for dramatic literature, at least, than it has had formerly, although, at the same time, the season's experience shows how far we have to go before we shall be anywhere near even, in dramatic standards, with Paris, Berlin, or even London. It has to be remembered, in studying the part which literature plays on our stage, that the  ## p. 288 (#734) ############################################ 288 THE AUTHOR. accidental presence of great actors counts for much. A generation ago Shakespeare was much nore prominent than he is to-day, largely because Edwin Booth and Lawrence Barrett were then alive, and to-day what position he has is due largely to the fact that while Madame Modjeska remains, among the older actors, to give us the best plays, a few of the younger ones, of whom Julia Marlowe is the most successful, have Shakespeare in their repertories; and Richard Mansfield and the Daly Company always give us more or less of the higher drama. The public taste is, of course, represented to some extent by the success of these players, but it is also repre- sented largely by the iron power of the Theatrical Syndicate, the leading member of which, Charles Frohman, although he is a popular man, liked by all his friends, has absolutely no element of art or culture in him. He is a mere good-natured speculator, loyal to his friends, willing to star an actor whom he likes, if it can possibly be done, willing to fight any actor, however high, whose business interests are opposed to his. He measures success by receipts, and it is a very open question here now whether he really represents the American public, or simply rules it as a big grain speculator may control the price of wheat. There will have been by the end of this week three productions of "As You Like It" in New York this season; one by Modjeska, one by Daly, and one by Miss Marlowe. Modjeska has not yet given hers; Miss Marlowe, with a poor com- pany, played Shakespeare in the true traditions; Mr. Daly, with a good company, killed the whole spirit of the play by the over emphasis and lack of proportion which characterises the acting of all players who have come under his con- trol. Richard Mansfield plays "Shylock" and "Richard III." everv year. Mr. Daly also put on "Twelfth Night," and did it far better than the earlier comedy, for the simple reason that the cast fitted it better, and that Miss Rehan, feeling a melancholy element in Viola, refrained from the exaggerated gambol in which so much of her art consists. More Shakespeare, however, has been given at a little Italian theatre on the Bowery than anywhere else in the city, and, indeed, the repertory at that theatre is the highest we have, including the German and French, as well as the English and Italian classics. Next to it comes our German Theatre, with much the best acting in town, and the list of plays, which is still better than any English-speaking theatre here has, although it has been getting steadily worse for several years, owing to the growing taste of the younger Germans for the kind of farce which forms so large a part of the American diet. The other classic authors who have had a showing here this year are Schiller, Sheridan, Wycherley, and Congreve. The main thing brought out by these productions was that Schiller's "Mary Stuart," given as Modjeska gives it, has, with all its poetry, more real dramatic theatrical interest than most of the plays which are built nowadays purely for the theatre. The Restoration comedies and the "School for Scandal" were so butchered at Daly's and by the company of students who produced "Love for Love," that no conclusions could be drawn, except that it is mere folly to subordinate the dialogue in these plays to a kind of rapid action made by running around the stage and sticking in extra exclamations. More significant, perhaps, than any list of the classics which survive, is the fate of the new plays. Among those which have literary elements "The Little Minister" is far the greatest success, but it is more a success for Miss Maud Adams than for Mr. Barrie. Indeed, the play is injured essentially by the subordination of the character of the minister in order to let Lady Babbie stand easily in the foreground. Next to that, the " Lady of Quality " comes; but the play itself has been a failure, at least to judge from the critics, who have agreed almost unanimously that it was a wretched piece of Philistinism, badly constructed, carried to success by Julia Arthur, excellent stage management, and a good company. The " Princess and the Butterfly" was a surprise. When Mr. Daniel Frohman put it on he believed, so it is generally understood, that the piece must lose money because it was of too fine a humour to be popular. It was so successful, however, that it was making more money when it was taken off than it was a month earlier, it has been necessary to give extra matinees of it since, and there is a possibility that, when the company goes on the road next month, the demand for this play will force the "Tree of Knowledge "—which is to be in the repertory— almost off the boards. Mr. Daniel Frohman, although he is a business man, differs from his younger brother in having some sincere interest in the better class of modern drama, and nothing has pleased him more for a long time than the unlooked-for popularity of Pinero's comedy. Richard Mansfield also scored a heavy success with one modern play, "The Devil's Disciple," by George Bernard Shaw, which is the best find he has made in years. It is the general opinion that this succeeded, however, less for its good qualities, which are very high, than for the melodramatic ones, which dis- tinguishes it from "Arms and the Man," which was anything but a success last year. Mr.  ## p. 289 (#735) ############################################ THE AUTHOR. 289 Mansfield, however, is such a believer in the possibility of making a living without cheapen- ing his art, that he has bought the American rights to " Cyrano de Bergerac," and will produce it next year. Only a few weeks ago we had a really encouraging experience with "El Gran Galeoto," for although this Spanish play was given at a little theatre off the beaten track, its success was much greater than was expected. Ibsen has had a singular fate. "John Gabriel Borkman " failed utterly, but the Norwegian always succeeds at our German theatre. Miss Elizabeth Robins is probably going to test our taste for him with a series of revivals later in the season. Although this, perhaps, is not a showing to be particularly vain of, there is much of encourage- ment in it for us, since our stage has been in so bad a way that its degradation is one of the most common topics of conversation. The effect of the long run system, and the cheap flimsy plays favoured by the syndicate, is no worse for the public than it is for the actor. Our best young actors hardly know where to turn to get the training which alone can give them artistic futures. With Mr. Daly they can learn only the Jumping Jack style; and under Mr. Frohman, who controls most of the country, they have to train themselves, and can only act shallow parts, and few of those. A company of American actors are just about leaving to give " The Heart of Mary- land" in England. One of the parts is taken by Mr. E. J. Morgan. He is a young actor who has never distinguished himself very noticeably, but, after a year spent in New York theatres, I thought that he was the most striking example of what opportunity means in the drama. He has no gifts that are great, but he has an all-round sincerity, force, and fineness, which is exactly what is far more needed than individual bril- liancy, and what would be immediately appre- ciated and brought to the front if we had reper- tory theatres properly conducted. If Sir Henry Irving or Mr. Alexander, for instance, took him in hand, much might be done with him. Norman Hapgood. THE COST OF PRODUCTION. I.—Another Set of Estimates. WE gave in February three actual estimates showing that the cost of production had, in some branches at least,and on the whole, 3ne down since the appearance of the Society's ok on the subject. Yet there are some papers who continue the same belated cry that the Society's figures are impossible. We are able this month, thanks to one of our members who has placed actual estimates obtained by himself in our hands, to furnish five more estimates, of which three are under the Society's figures, one very little above, and one considerably above. The book is one of 20 sheets of 16 pages each: or 10 sheets of 32 pages: the type small pica: twenty-nine lines to a page, and " 3jjni by 5im." The number of copies is to be 3000. We first place the figures of the Society :— £. s. d. £. s. d. Composition, £1 ys. 6d. per sheet of 16 pages, or £2 15s. per sheet of 32 pages 27 10 o Printing, £1 12s. 4<J. per sheet of 32 pages 16 3 4 43 '3 4 The other estimates were as follows:— £. *. d. £. g. d. (1.) Composition per sheet of 32 pages, £2 5«. 3d 22 12 6 Printing, £\ is. per sheet of 32 pages 10 10 o 33 2 6 (2.) Composition, at £2 4*- 22 o o Printing, at £ I ys. 13 10 o 35 10 o (3.) Composition, at £2 ys. 6d 23 15 o Printing, at £1 ys 13 10 o 37 5 0 (4.) Composition, at £2 12« 26 o o Printing, at i!i iSs 19 o o 45 ° ° (5.) Composition, at £3 3s 31 10 o Printing, at £1 16* 18 o o 49 10 o The lowest of these estimates is £10 less than that of the Society. Then follows the question of paper. In the "Cost of Production" the paper is estimated by the sheet. The more common way of calculating is by the pound weight. It is found that for such a book as we are con- sidering, one ream of paper prints 1000 copies of 32 page sheet with some sixteen overs. Therefore a book of 10 sheets = 320 pp. requires ten reams. How is this expressed in pound weight? A ream of paper varies in weight from ioolbs. to i3olbs. The lower weight may be accepted as an average. Therefore ten sheets (— 320 pp.) will require from 1000 to i3oolbs. The price of paper is now from 2d. a lb. to 2\d. a lb. A very good paper can be had for 2\d. a lb., and that at 2d. is considered by many to be quite good enough. £ s. d. £ s. d. So that at 2d. a lb. the paper varies from 8 6 8 to 10 16 8 and at 2Id. a lb. ..10 8 4 to 13 10 10  ## p. 290 (#736) ############################################ 290 THE AUTHOR. Or, for 3000 copies it varies £ s. d. M s. d. (1) at 2d. a lb. from 25 o o to 32 10 o (2) at 2\d 31 5 o to 40 12 6 The cost given in the Society's book is ,£46 10s. The binding, set down in the Society's book at id. a volume, or =£50, is to be done for this book at 3frf. a volume, or £45. Now consider the whole. Society's The new figures. estimate. £ 1. (I. £ s. d. Composition 27 10 o ... 22 12 6 Printing 16 3 4 ... 10 10 o Paper 46 10 o ... 31 5 o Binding 50 o o ... 45 o o £140 3 4 £109 7 6 Therefore, compared with the Society's figures, the new estimate shows an actual saving of £30 15*. lod. And this, not on bulk of work, but on a single book! Corrections are left out. The author, if he is wise, will have very few. Let us say £5 for this item. Advertising has been left out. It is well to advertise some books widely, it is foolish to spend much money on advertising others. We have already exposed the meaning of advertising—let us repeat it. If 3000 copies are printed—• An expenditure of £10 means *sd. on each copy. That of £20 means 1 Id. on each copy. That of £30 means 2±d. on each copy. But if the first 1000 are to bear the whole expense of the advertising, then— An expenditure of £10 means \%d. on each copy, and of £20 means 3 ></. on each copy. A book which will not be persuaded to "go" after £20 has been spent in advertising it, in addition to the publishers' free exchanges, his free list, the help of the circulating libraries, and the reviews, will probably not go at all. II.—The British Weekly and the Chairman. 1. The following is an extract from "The Correspondence of Claudius Clear" appearing in the British Weekly :— The Authors' Society information published on this subject is not to be trusted. If anyone doubts this, I will ask him to find for me a single publisher in London who will differ from my judgment. Of course, if you say that all publishers are rogues and thieves, the question is not settled, but if it be admitted that a single honest man exists in the whole publishing trade, the question is settled, for nobody will bring forward any man who has had practi- cally to do with books who does not know that the figures in the " Costs of Production " are useless. 2. The following letter from Sir Martin Conway appeared on March 19th in the British Weekly:— Claudius Clear and the Authors' Society. To the Editor of the British Weekly. Sir,—I have only just seen a communication in the British Weekly of March 3, signed "Claudius Clear," in which I read that the "Authors' Society's information pub- lished on the subject"—of the " Cost of Production "—" ie not to be trusted "; and, in another place, is " useless." The figures given in the " Cost of Production " were not invented by the Authors' Sooiety. They are actual esti- mates furnished to the Society by printers; or furnished by printers to authors. This fact has been 3tated so often that it is truly surprising to see the old charge reproduced. If your correspondent will tell me any better way of arriving at the truth than by getting estimates from printers, I shall be glad to hear of it. These figures sometimes prove to be over the mark; seldom under. In the February number of The Author, three estimates for printing and binding the same work were quoted, all by first-class houses; all three much under the total cost given in the " Cost of Production." The Secretary has at the present moment in bis hands, for immediate publication, five estimates for another book, of which three are much under that given in the "Cost of Production" for a similar MS. with the same type, size of page, number of words in a page, &c. When printers, who determine the " Cost of Production," begin to send in estimates above those given by the Sooiety in their book and in The Author, the figures now given by the Society will be altered. Meantime your readers may depend upon getting from us the exact figures, neither invented nor altered, furnished by printers of town and country, for every kind of book, and all the commonly used kinds of type.—I am, Sir, your obedient servant, Martin Conwat, Chairman of the Committee of Management of the Incorporated Society of Authors. 4, Portugal-street, W.C., March 18. 3. The Editor of the British Weekly appended the following comment:— Our contributor invited the Authors' Society to find any publisher who would Bupport its statements. If Sir Martin Conway will find one, we shall be very happy to hear him. If he cannot, the inference is obvious. There is either (1) no honest publisher, or (2) no competent publisher in this country.—Ed. B. W. (4.) To this comment the only reply is that the business of the Authors' Society is to find, by printer's estimates, the cost of producing different kinds of books. The Society, having ascertained the facts from printers and others, publishes these facts in the interests of authors: it has nothing to do with the opinions of publishers on these facts. If any publisher says that he cannot get these figures, then the only reply is that, if he goes where the Society got them, he can. "Claudius Clear" means, perhaps, that the Society invents these figures. Indeed, that seems the only mean- ing that can be put upon his words. At all events, if it is to be a question whether publishers are "rogues and thieves," or the committees and  ## p. 291 (#737) ############################################ THE AUTHOR. 291 secretaries of this Society, the side taken in these pages would probably lean in the former direc- tion. But the question does not arise, because ublishers have not denied the accuracy of these gures. NOTES AND NEWS. JAMES PAYN is dead. His death has called forth a spontaneous and unanimous voice of regret and praise which makes one think better of the world. His, indeed, was the ideal literary life—one of devotion and unwearied industry, one without envy, malice, or jealousy. Of him it may be written, that he never uttered a word of malice: that he never grudged a rival his success: and that he neither log-rolled nor depreciated. The following notes I have already contributed to a little causerie of my own. I seem to have known him for the greater part of my life. As a fact, I have only known him personally for twenty years. In the late fifties, however, when I was an undergraduate, I often heard about him. He used to turn up at his own College (Trinity) from time to time, and his stories—the delight of the Combination Room— were sometimes retailed to me by a friend, then one of the Junior Fellows. He was a companion of other friends of mine in the Lakes when he was compiling his Guide Book, which he wrote, I believe, without climbing a single hill, for Payn was always singularly averse from bodily exercise. However, without meeting the man in the flesh until the seventies, I used to hear about him constantly. In letters he has tried almost everything, and succeeded in every- thing he has tried. He has written excellent verses; he has told excellent stories; he has written charming cauteries; but, above all and before all, he has been a humorist born. That way his genius lay; no modern writer has been a greater humourist than Payn. He bubbled over with good things; he made humour out of every- thing. As for any of his work surviving, who knows? If a story of the keenest interest, admi- rably constructed, filled with excellent characters, is likely to survive, then there are half a dozen books by Payn which will eurvive. I should be sorry, indeed, to institute any odious comparison between the work of the younger men and the work of Payn, but at least one may that, for brightness of dialogue, sunshine of atmosphere, artistic construction, the former have a great deal to learn from the elder writer. A delightful companion, a man full of kindliness, who has never said an ill word of anyone, who has always delighted above all tilings, when he was an editor, in finding out young writers and advancing thein. What did I say above? The younger writers have indeed a great deal to learn from James Payn. I remember, for instance, about sixteen years ago, receiving from Payn an advance copy of a certain new book. He asked my opinion upon it. I read it all one Saturday evening with enormous delight. For he had found a new man, and with characteristic rejoicing he was eager that his "find" should be shared by other people. The book was " Vice Versa," the first of many books by another humorist of the front rank. It is generally believed that literary men are jealous of each other. That was not James Payn's case; he has never been been capable of jealousy or of venom, or any other of the vices supposed to be inherent in the profession. In a single word, Payn has always been a " gentleman of letters" through and through. I think that he will not readily be forgotten even by the people who never met him personally. In another column will be found more figures and more correspondence as to the " Cost of Pro- duction." The case for our figures is this: 1. They are actual estimates obtained from printers of acknowledged standing. Any attack upon the figures is therefore a charge of false- hood directed against the managers of the Society. 2. The figures given in the "Cost of Produc- tion" were estimates obtained six or seven years ago. 3. Since that time prices of machinery and paper have gone down, the latter enormously. 4. The figures given on p. 289 show that the estimates in 1898 are lower than those of 1891. 5. The duty of the Society after ascertaining these figures was to make them public in the interests of their members. If an author obtains an estimate or a charge exceeding these figures, from a publisher, he now knows what to think. 6. At the same time it must be remembered that there may be reasons for choosing a specially expensive paper or an expensive binding. Also, that, as the difference in the estimates proves, it is impossible to give more than the average estimate. . Is it quite impossible for after-dinner speakers —even persons unconnected with the manage- ment of literary property—to speak of the Society of Authors with something like regard for facts and for decent manners? At the recent dinner of the Correctors of the Press, there is reportcl a speech by Sir Henry Craik. Now, to begin with, P fi  ## p. 292 (#738) ############################################ 292 THE AUTHOR. Sir Henry Craik is a responsible person; he is not one of those persons who are expected to kick at the publication of the facts. He is a K.C.B. and an LL.D.; he is Secretary of the Scotch Education Department. He has written a Life of Swift; he has also written a work on the State and Education; and he has copied out "Selections" from various writers. In a word, he is a man of apparently solid parts. Now how does this responsible person allow himself to speak of the Society of Authors? Tbis is what he is reported as having said: (1.) "The Society of Authors had told them that the publisher was a needless invention." The Society of Authors has never to my know- ledge said anything of the kind. (2.) The Society of Authors had told them that "the chief duty of the author was to make himself a sprightly commercial agent, who brought the most worthless wares to the dearest market." This statement seems to me a statement as to the Society's position, which I should be very glad to see the Committee take up seriously, if it were possible. One such case seriously undertaken, and carried through, would put a stop at once and for ever to such misrepresentations. "Marguerite" writes to state that from her own experience editors are courteous, and pub- lishers ready to explain the reasons of their deci- sion as to her MSS. One editor told her that her MS. was not rejected on account of any want of literary merit, but solely because he was already "full up." She has received other letters fr.-m other editors equally courteous in tone. There- fore, she says, " all civility is not reserved for the other side of the water, as E. L. A. seems to imply." Did E. L. A. imply so sweeping a view of the matter? One is very glad to print these testimonials to the courtesy of many editors, the existence of which has never been disputed, while the discourtesy of other editors is still insisted upon. As regards publishers, "Marguerite" gives the letter in full, which accompanied the return of her MS. It informs her, with far more consideration than is generally the case, that, while the book is "pleasant, it is too slight for separate publication." "Marguerite " says that she will send her next MS. to the same firm. This shows the value of a little politeness, which costs nothing. At the same time politeness, one would point out, is not the only quality which makes a firm desirable for an author. The new journal, the Ontlook, noticing certain remarks of mine on the new Literary Year-Booh made in another paper, says that I would not allow "any author even to murmur under his breath au unkind word of another." This is hardly the way I should like it put. My contention is simply that one writer ought to observe towards another writer the same attitude of courtesy and good breeding that is expected of one barrister towards another; or of one medical man towards another. That is a reasonable claim, surely, and not too much to ask—simple courtesy. As a gloss upon this proposition I would point out that the fact that a poet or a novelist, an antiquarian or an essayist, does not necessarily possess the faculty of criticism: and does not, therefore, exercise by right the utterance of judgments upon other poets, or novelists, or essayists. The critical and the literary faculty do not, in other words, mean the same thing. As regards the Year-Book (see p. 293) before us, there are two questions quite distinct. (1) Is it decent or desirable to present in the Literary Year-Book a wholesale attack upon living literary men and women? And (2), if it is decent and desirable, is Mr. Joseph Jacobs likely to be accepted as quite the proper person for the job? _ Mr. Anthony Hope's experiences in the United States, otherwise pleagant, have had their seamy side in the publication of certain paragraphs in certain papers, quoting words which he did not use, and opinions which he never held or expressed. In a letter to the New York Critic Mr. Anthony Hope indicates in the concluding paragraph, with- out naming him, the real offender. It is not the obscure journalist who invents things for the sake of creating a little excitement who is to blame, it is the editor who allows their inventor to continue on his staff. He says—the italics are mine: "I suppose it is not customary to attempt to sift paragraphs of this description in any way before publishing them as facts. Lf some such process is not altogether impossible in a newspaper office it xcould seem to be desirable. In the pre- sent state of affairs a wise man treats all para- graphs as more or less amusing fiction; probablv this is only taking them in the spirit in which they are offered by their ingenious authors." The portrait of Mr. Herbert Spencer, which representatives of the literature, philosophy, and science of the country asked that he should allow to be painted as a mark of congratula- tion upon the conclusion of the "Synthetic Philosophy," is now at length finished. Professor Hubert Herkomer, R.A. has painted the portrait. Mr. Collins declares that "all who know Mr. Spencer will agree in praising it both as au admirable likeness and as a work of art." It will  ## p. 293 (#739) ############################################ THE AUTHOR. 293 The Rev. E. A. Abbott, D.D. Grant Allen. William Allingham, F.R.C.S. William Archer. Sir Edwin Arnold, K.C.I.E., &c. Mrs. Gertrude At her ton Sir Eobert S. Ball, LL.D., F.R.S. Eobert Bateman. A. W. a Beokett. F. E. Beddard, F.R.S. The Rev. Canon Bell, D.D. E. F. Benson. Mrs. Oscar Beringer. Sir Henry Bergne, K.C.M.G. Sir Walter Besant. W. H. Besant, Sc. D., F.B.S. Miss M. Betham-Edwards. Ponlteney Bigelow. Augustine Birrell, Q.C., M.P. The Rev. Prof. T. G. Bonney, F.R.S., Ac. Oscar Browning. Prof. C. A. Bnchheim, M.A., LL.D. Mrs. Mona Caird. Lady Colin Campbell. The Very Kev. the Dean of Canterbury. Rosa Nonchette Carey. Egerton Castle, F.S.A. Sir William Charley, Q.C., D.C.L. Prof. A. H. Church, F.R.S. P. W. Clayden. Mrs. W. K. Clifford. Edward Clodd. The Hon. John Collier. Sir W. Martin Conway. Mrs. B. M. Croker. Francis Darwin, F.R.S., &c. Sir George Douglas, Bart. Prof. E. Dowden. The Very Rev. the Dean of Durham. The Rev. J. Earle, LL.D. Basil Field. Prof. Miohael Foster, F.R.S. Richard Garnett, C.B., LLD. "Maxwell Gray." H. Rider Haggard. Prof. J. W. Hales. Anthony Hope Hawkins. Miss Beatrice Harraden. Silas K. Hocking. "John Oliver Hobbes." Jerome K. Jerome. Henry Arthur Jones. J. Scott Keltie, LL.D. Mrs. Edward Kennard. Prof. E. Ray Lankester. W. E. H. Leoky. J. M. Lely. Mrs. Lynn Linton. The Right Hon. Sir John Lubbock, Bart., P.C., D.C.L. "Edna Lyall." The Rev. W. J. Loftie, F.S.A. Sidney Lee. J. Norman Lockyer. The Right Hon. Sir Herbert Maxwell, Bart., P.C., &o. Phil May. Justin McCarthy, M.P. Prof. J. M. D. Meiklejohn. The Rev. C. H. Middleton- Wake. Miss Jean Middlemass. F. Frankfort Moore. Arthur Morrison. "E. Nesbit." Henry Norman. W. E. Norris. Max Pemberton. The Right Hon. Lord Pir- bright, P.C., F.R.S. Sir Frederick Pollock, Bart., LL.D. William Pole, F.R.S. Morley Roberts. Edward Rose. W. M. Rossetti. Sir W. H. Russell, LL.D. Miss Adeline Sergeant. The Rev. Prof. W. W. Skeat, Litt. D., &o. Herbert Spencer. M. H. Spielmann. S. S. Sprigge. Sir John Stainer, Mus. Doc. Bram Stoker. Francis Storr. "Annie S. Swan." The Right Hon. Sir Richard Temple, Bart., P.C., G.C.S.I., &o. W. Moy Thomas. The Right Hon. Lord Tenny- son. Sir Henry Thompson, F.R.C.S. John Todhunter, M.D. "Mark Twain." The Rev. Chas. VoyBey. Charles Waldstein, Litt. D., &o. Mrs. Humphry Ward. Theodore Watts Dun ton. Peroy White. J. McNeill Whistler. Major-Gen. Sir Charles Wilson, K.C.B., &c. I. Zangwill. be sent to the next exhibition of the Royal Academy. It is proposed to offer the picture to the trustees of the National Portrait Gallery for hanging upon their walls. It is hoped that this may be long deferred, as the gallery does not exhibit portraits of the living. The trustees and directors of the National Gallery of British Art agree to exhibit the portrait upon their walls during Mr. Spencer's life. Walter Besant. THE ANNUAL DINNER. E Annual Dinner of the Society of Authors will be held in the Venetian Room of the Holborn Restaurant on Monday, May 2, at 7.30 p.m. The chair will be taken by the Right Rev. the Lord Bishop of London, P.C. . Tickets for the Dinner will be 1 guinea, inclusive of everythiug. The formal notice of the Dinner will be sent out to each member in the course of a day or so. The following ladies and gentlemen have kindly con- sented to act as Stewards of the Dinner: "THE LITERARY TEAR-BOOK." THE new volume of the "Literary Tear- Book " * is before me. The first volume contained faults of omission which were inevitable at the outset. The new volume has filled up some of the omissions, and has given many additions; but it suffers from a failure on the part of the editor to understand what such a book should be. Its primary function is to supply all kinds of information that may be of use to those who follow the Literary Profession. Its clientele is not the outer world at all: the outer world does not greatly care about the details and manage- ment of the Literary Profession; it likes to have its books, papers, articles, poems, &c, supplied without asking how they come. The "Literary Tear-Book " is addressed, in fact, solely to literary folk, a thing that must be carefully considered by everybody concerned in its production. This being so, the editor has, in my judgment, committed a very grave error in choosing to begin his work by a misplaced attack upon the Profession at large, and upon members of the Profession individually. It is an age, he begins, benevolently, of " machine- made books and of reclame-made reputations.-' What are the "machine-made books Y What life have they Y What success Y Who publishes them? Who buys them Y What encouragement is there for the manufacture of machine-made books? Surely an editor who laments the * "The Literary Year-Book, 1898." Edited by Joseph Jacobs. (London: George Allen. 3s. 6d.)  ## p. 294 (#740) ############################################ 294 THE AUTHOR. machine-made book might at least explain, with a few illustrations, what he means. Again, whose are the reputations made by reclame F There must be a great many of them according to the editor, because this is an "age" for them. One knows the names of one or two persons who have done, or are doing, their very best to advertise themselves, but they have failed, as a rule, to achieve the admiration they desire. Where are they, then, these reputations of reclame for which this age is so famous? Let us imagine, if we can, a professional book intended for lawyers, which should begin by telling its clientele that they know no law, and that their reputation is made by reclame; or a book intended for the medical profession, which should begin by saying that all doctors are quacks; or a book intended for the army, which should begin by lamenting the decay of courage among our officers! We cannot imagine such an absurdity. Yet this is exactly what has been done for the literary profession by the editor of the "Literary Year-Book." He actually begins by scattering, broadcast, attacks upon the work of the very people to whom he looks for support! And, which is worse, he seems to think it the function of the "Year-Book" to depreciate the very profession which it is meant to represent and to support! In the course of his Introduction, for instance, the editor asks how many of the 7000 books of last year will survive. So put, the question certainly involves the assumption that they ought all to survive. But, consider. Out of the 7000 at least ninety-nine in a hundred are books produced for the needs of the day; as the educational, technical, and scientific books: books for children: the magazines and journals. Of the remainder it will be time enough in twenty years to ask how many books of those published for more than the needs of the time, as poems, plays, essays, fiction, have survived from 1897. There are other charges of less importance but, unfortunately, equally out of place. "Nowadays a writer sends forth his message into the air with no definite target to aim at." What does that mean? If a man has a message to deliver he wants no target. If he has an arrow to shoot he does want a target; but not if he has a message. It means that the editor proposed to say something disagreeable and has said it. "There has been no literature in 1897." That is a comfortable assertion; it is especially calcu- lated to please the people for whom the " Year- Book " is published. The editor says that he has "stated and proved " it. I see the statement, but not the proof, which has somehow dropped out. The novelists will be, above all, pleased with the book, for the writer demonstrates that they are all in a decaying, or decayed, condition. How- ever, one need not follow the Introduction any further. Considered as an introduction to a "Year-Book" of Literature, compiled entirely for literary folk, it is certainly lamentable. This fundamental error of supposing that criti- cism of any kind—even real criticism—is wanted in such a work is carried throughout the volume. There are, for instance, half a dozen photographs of authors. Each is accompanied, not by a simple statement of the writer's work, which is all that is wanted in a Year-book for the Profession, but by an attempt at smart criticism of the writer, with a pat on the back or a snub, either of which is unasked and out of place. Then follows a list of fiction for 1897, which is incomplete. Here, again, the editor remains under the delusion that his judgment has been invited. Nobody wants his judgment or his selection. A Year-Book wants neither criticism, nor selection, nor judgment. It wants facts. The editor should take his judgment and his selections to any of the literary and critical journals, where they might be accepted and where they would not be out of place. I hope that in the third volume of the " Year- Book " the proprietors will recognise the broad and simple fact that it is not the function of the book to abuse and insult the very people for whose use it is produced. Common politeness is due to your customers. The " Year-Book " should fill a very important function indeed. That is the reason why these remarks are offered ; but one is hardly encouraged to recommend it when one finds what is offered. I do not like to quote the remarks made on Mr. Hall Caine, on pp. 24, 25, while on p. 2 5 Mr. Seton Merriman, Thomas Hardy, Rudyard Kipling —the writer actually speaks of the "moderate height" of " The Light that Failed"—the "mode- rate height!"—George Gissing, Anthony Hojie, S. E. Crockett, Louis Stevenson, Henry James, Marion Crawford, Richard Le Gallienne, and Olive Schreiner, all come in for the appreciation of this genial editor. This is sweeping enough: but there are other broad and comprehensive strokes of the broom by which the editor jjroves to his own satisfaction that there has been no literature in 1897. But in that case if there is no literature, what is the use of a "Literary Year- Book "? Why is it published? And why all this trouble to compile lists, and arrive at information as to the management of the Literary Profession? Surely, a profession which is from beginning to end an imposture and a quackery, does not demand a book of its own. The sooner it is dis- couraged, swept away, and made unprofitable, the better for the world.  ## p. 295 (#741) ############################################ THE AUTHOR. 295 Lastly, there is an attempt made to give the birthdays of literary people. Would it not be better to confine the attempt to the dead? I find myself, for instance, honoured with a birthday. I am stated to have been born on All Saints Day. I was not born on that day. Nor was I born in the year mentioned. The editor kindly gives me eight years of life more than I can claim. I have thought it necessary to speak plainly as to this unfortunate work, partly because it is most important to the Craft that we should have a good Year-Book, such as may be useful for reference and for facts: partly bocause the laudable attempt to produce such a book by Mr. George Allen should be recognised, and the need of such a book, properly prepared, should be acknowledged: and partly because in the Intro- duction I am named as one of those who gave advice. I remember a little correspondence with the late editor, Mr. Aflalo, but not with Mr. Jacobs, and I have no recollection at all of offering him any advice. My memory, however, on this point may be at fault. In any case I have to dissociate myself entirely from this ill-advised and unfortunate attempt to convert the " Literary Year-Book" into a medium for attacking the followers of Literature. W. B. THE "TAX" UPON PUBLISHERS- (I.) JI iHE following is an extract from the I Manchester Guardian on the subject of this alleged tax :— "Another matter about which a great deal of nonsense has been talked of late is also handled very plainly by the editor of The Author. This is the so-called 'tax' upon publishers of five copies of • each copyright work which have to be presented to the chief libraries of London, Edin- burgh, Dublin, Oxford, and Cambridge. The editor runs a sharp pin into the bubble of a grievance, and makes it instantly collapse. 'Most books,' he says, ' the vast majority of books, do not sell right out. Many leave "remainders," which are sold at a few pence each. Now, in every case where there is a remainder there has been no loss by this tax at all. . . . The tax would appear to be a burden when the demand is greater than the supply, but even then new editions came out, to be followed by remainders in the long run. It is therefore a tax which, if it is real at all, is very small.' We should be exceedingly sorry in any case to see the free supply of books to the four great libraries out- side London cut off, for they serve a population to which the British Museum is not available." (II.) The following paper, which shows American opinion on the matter, has been com- municated to the editor by the author, Mr. S. H. Ranck, Librarian of the Enoch Piatt Free Library, Baltimore. It is part of a paper read at a conference of the American Library Associaton, held at Denver, Colorado, in August, 1895 :— "The modern idea of the librarian is that of the distributor, rather than the keeper of books; but the idea of the ' keeper' is not entirely lost. Almost every librarian feels that he owes some- thing to his successor and to the public of the future. He believes that he ought to preserve for them as complete a record as possible of every human activity—the life and the work of the people of his day. In this view the library is a museum of civilisation, accumulating and preserving the results of human progress or degeneration. Nevertheless, the work of collecting and preserv- ing is important, and many libraries are doing it for their communities, as far as it lies in their power; but the larger the community and the greater the number of books, the more difficult such a task becomes. "Too many librarians, however, impressed with the importance of the work of collecting and pre- serving for the future, attempt to do too much. Libraries in the same community overlap each other in a way that is often wasteful; and, on the other hand, they neglect to preserve matters of importance. Almost everything depends on the whims or tastes of the persons who, for the time, may happen to be in charge of the library. It seems that the time has come when libraries should have a very clear understanding of the work each one is to do in the line of collecting for preservation. "Many of our public libraries of a popular character add from five to fifteen thousand volumes every year, and they must do so to supply the demand for new books, and to do the work they ought to do; but how many of these books will be so much as even remembered by the most intelligent general reader one hundred years hence? The library that continues buying ten thousand volumes a year for a century, and preserves them, as almost every library is now doing, will then have over a million books, a number that is exceeded by only two or three libraries in the world to-day. "The expense of administration and the inter- ference of tens and hundreds of thousands of unused volumes, will force most of our libraries to carry only a working stock. These librariet  ## p. 296 (#742) ############################################ 2g6 THE AUTHOR. must discriminate, and they should not attempt to collect and preserve, except in very limited fields; but there ought to be a few libraries whose particular work should be that of gathering and saving for the future. These few should have every opportunity of getting all the mate- rial within their field, so that they could be depended upon, for all time, to have everything within their intended limits. "To show the need of systematic collection for preservation, to point out a method to insure a more reasonable degree of completeness and safety, and, at the same time, to make such a collection more accessible to the students of this and succeeding generations, is the purpose of this paper. "Books of local interest and value are con- stantly published, but they do not get into the regular channels of the trade, and so they are lost to the libraries and to the future. This state of things must continue so long as present methods are followed. In how many States is there a library with anything like a complete collection of the books, not to mention news- papers, pamphlets, &c, published within, or relating to, the State? There is not a library in the State of Maryland where one-third of the several thousand books published within her borders before the Civil War can be found. The same is true, I know, of other, and no doubt to some extent of all, the States. "You may say that most of these books de- serve to be forgotten. It may be true, but never- theless they were once a part of the life of the people. Do we believe that the census should enumerate only the 'important' men of the nation? As a record of the life of a people a complete collection of their books is fully as important as the enumeration and classification of every man, woman, and child. As no one can select the 'important' people for the census returns, so no one can select the 'important' books for a collection that must represent the intellectual life of the people: for we should be constantly repeating the experience of the critics who would have denied the earlier works of a Wordsworth, or a Byron, and many other great writers, when first their works appeared, a place on library shelves. "The Constitution of the United States pro- vides that the Congress shall have power 'to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.' In accordance with this power our copyright laws have been passed. Such laws are wise, and they should apply to citizen and alien alike. These laws give the owner of the copyright a great monopoly, and one that increases in value with the growth of population, of general intelligence, and of libraries. Even now a publisher can safely count on disposing to libraries alone of a considerable edition of a very ordinary book; and there is an ever growing demand for larger editions. To obtain this copyright the owner must pay a fee of one dollar and deposit two copies of the book in the Library of Congress (national library) at Washington—all of which is very well as far as it goes. "But our copyright law provides only one depository for the United States, On the other hand, an Act of Parliament provides five for the United Kingdom of Great Britain and Ireland, and before the convenience and rapidity of travel by railroad there were eleven. The British law requires that a copy of every edition of a book must be delivered to the British Museum, 'bound, stitched or sewed together, and upon the best paper on which the book is printed.' Furthermore, 'copies of every edition of every book published must, if demanded, be delivered to an officer of the Stationers' Company for each of the following Ubraries: the Bodleian Library, the Cambridge University Library, the Advocates' Library at Edinburgh, and the Library of Trinity College, Dublin.' From this source, in 1893, as stated ihthe annual report, the Bodleian Library, Oxford, received 39,619 items. "And now be it remembered that the area of Great Britain and Ireland exceeds the area of the single State of Colorado by less than 12,000 square miles—Colorado contains 103,925. On the other hand, the population of the United States is nearly twice that of the British Isles. On the basis of population the United States should have, at the present time, ten depositories for the five of the British. Of the twenty or more political divisions of Europe, though only one exceeds the United States in the number of its inhabitants, a number of them have more depositories. "Again, the area of the United States (includ- ing Alaska) and the area of Europe are so nearly equal that the annexation of the single province of Ontario would make the two areas almost exactly the same. We are forced to believe that in the course of a few centuries, at the very most, the number of people in the United States will exceed the present number in Europe, about three hundred and fifty millions, an average of one hundred per square mile. Pennsylvania, New York, New Jersey, Connecticut, Massachusetts, and Rhode Island already exceed this average— the average per square mile in Massachusetts and Rhode Island being 278 and 276 respectively.  ## p. 297 (#743) ############################################ THE AUTHOR. 297 One depository is not enough for such a vast number of people, nor for such a large area. "Whilst there are a dozen or more languages in Europe, each with its own distinct literature, in the United States the English language is common to nearly all the people; and, if present tendencies continue, the proportion of people in America, who will express their thoughts in Eng- lish, will be greater a hundred years hence than it is now. A great multitude of intelligent and educated people, speaking a common language, require more than one depository for the pro- ducts of their intellectual life. "Under the present arrangement the student of the history of California must cross the conti- nent if he wants to find all the copyrighted books that are now published in the State, or relating to it, and a hundred years hence his need to go to Washington will be even greater; for books have a curious way of disappearing. Can the National Library at Washington assure the student of 1995 that all the books relating to California of to-day will be there? Is it safe to risk every- thing in one place? A national library is sub- ject to all the ordinary risks of any library, with the additional risk of loss by an act of war. We need only recall the history of our own National Library, burned by the British in 1814, and Washington terrified by hostile armies during the civil war. The carefulness and foresight of ordinary business affairs demand that all should not be risked in one place. •' All these difficulties and dangers of a single depository can be overcome by an amendment to the law of copyright. The law should provide for more depositories. How many more will be largely a matter of judgment. It should provide first of all, that every State may be assured that it can get, within the State, a copy of every work that is copyrighted by one of its citizens. Where it should be deposited would be for each state legislature to decide—the State Library, the State Historical Society, or the Library of the State University, suggest themselves as proper places." LITERATURE IN THE PERIODICALS. Local Colour according to Taste — A Word to Magazine Writers—The Short Story. The historic advice "verify your quotations," may be varied or supplemented by the warning, "Confirm your cabled agreements by letter." Mr. H. G. Wells has suffered at the hands of an American editor—a Boston editor, no less. When he agreed with one of the New York daily journals for the serial publication of his story "The War of the Worlds," he stipulated that no alterations should be made in the text of the story without his consent. The editor of the Boston Post saw the story running in the New York paper, and cabled to Mr. Wells an offer for the reproduction of it " as New York Journal." To this Mr. Wells replied " Agreed." Nothing fur- ther transpires until Mr. Wells receives a cutting from a chipping bureau acquainting him with the fact that his story " as applied to New England, showing how the strange voyagers from Mars visited Boston and vicinity," was appearing in the Post. He writes a letter in the New York Critic protesting in the most emphatic way against this manipulation of his work in order to fit it to the requirements of the local geography. An encouraging word for magazine writers is said by one of themselves—an old hand—in the National Review. He calls his article "The Sorrows of Scribblers," and admits, as an evidence of his own experience in climbing the "hill of Parnassus," that he has a desk full of super- annuated and unappreciated talent—fifty manu- scripts which he fondly turns over in reflective moments as if they were old love letters. He preaches patience with editors. They are quite alive to a good thing when they can get it; t here is, as a rule, no regular staff on a magazine, but "a fair field and no favour." Periodicals as a whole do not pay so well as papers, and journalism is a better staff than magazine hack writing. "If literature, as a living, may be compared to sweeping a crossing, then periodical writing may be likened to a crossing in a suburb where few men come and go, and journalism to that of a busy street in the City." Here is a piece of general advice that is tendered among this magazine con- tributor's "confessions " :— As far as possible, avoid all personal dealings with editors and publishers. Should you be shabby, they may (for after all they were once men) think less of you; should yon be in evident want of money, they will cut your price down: should you be nervous, they will paralyse you; and, beyond all else, their one and very reasonable desire will be to get rid of you as soon aB possible, and on the easiest termB. No; always send everything by post; it is by far your best chance. Though manuscripts, like curses, came home often to roost, so quickly—especially should they happen to be poetry—as to be a tribute to the postal service, still the post is your best friend. Mr. Frederick Wedmore writes in the Nine- teenth Century upon the Short Story, and disowns the favourite definition of this as "a novel in a nutshell." On the contrary, he claims it as a separate thing, and involving the exercise almost of a different art. So. that it is quite an absurd reward to speak of a short story as " a promising little effort," " an earnest of better things." The  ## p. 298 (#744) ############################################ 298 THE AUTHOR. short story, says Mr. Wedmore, "admits of greater variety of form than does the long novel, and the number of these forms will be found to be increasing." Plot, or story proper, is no essential part of it. But it may be, as a long story is, in the narrative form, or in the first person (though this should be used very charily), or in the rare form of letters. Forms which by common consent are for the short story only, are simple dialogue, and the diary form. The latter must be used charily, and is not suffered gladly. '' It is for the industrious who read a good thing twice, and for the enlightened, who read it three times." The lighter work leans oftenest on the form of all dialogue; the graver, on the form in which there is no dialogue at all. Compression is indispensable; every sentence must tell. As to the tendencies of the day, Mr. Wedmore observes that among the better writers more care is being given to expression, to an unbroken con- tinuity of excellent and varied style. "The short story, much more than the long one makes this possible to men who may not claim to be geniuses, but who, if we are to respect them at all, must claim to be artists." The profession of the literary pessimist is already overcrowded, and Mr. Wedmore predicts that the short story at its best will return to a spirit humane and genial, sane and wide. OBITUARY. MR. JAMES PAYN died on March 25, at his residence in London. Born at Cheltenham in 1830, and educated at Eton, Woolwich Academy, and Trinity College, Cambridge, he made a beginning in authorship in his undergraduate days with a little volume of l>oetry called " Stories from Boccacio." Another lx>ok of verse was published in 1855, and was favourably received. Household Words and Chambers's Journal began to take stories and articles from him, and in 1858 he succeeded Mr. Leitch Ritchie as editor of the latter magazine. In its pages appeared, in 1864, the story "Lost Sir Massingberd," which proved a great success. He had already published "The Foster Brothers" (1859), and "The Family Scapegrace" followed in 1869. These were the first fruits in a literary career singularly industrious and successful. Others that may be named of his fifty or so pub- lications are "Like Father, Like Son" (1870), "By Proxy" (1878), "Two Hundred Pounds Reward (1879), "For Cash Only" (1882) and "The Burnt Million" (1890)." Mr. Payn's latest work was "Another's Burden," published last year. In 1882 he became editor of Cornhill Magazine, succeeding Mr. Leslie Stephen, and held this position until failing health compelled his retiral in 1896. He was literary adviser to Messrs. Smith. Elder, and Co., and well known to readers of the Illustrated London News by his weekly " Note-book " in its pages. In "Literary Recollections," published in 1884, and "Gleams of Memory," in 1894, he gave to the public- clearer knowledge of a character which was always popular with them, and good-natured and cheery in its outlook. Nevertheless Mr. Payn was never physically strong. The chief relaxation of his busy life was found in whist playing, at which he was an accomplished hand. The deaths have also to be recorded, during the past month, of Sir Richard Quain, the eminent physician, and author of the "Dictionary of Medicine"; Mr. Aubrey Beardsley, the young artist and writer, whose work was identified largely with the Yellow Booh and the Savoy; and Zacharias Topelius, the most distinguished author and poet of Finland. CORRESPONDENCE. I.—" Americans Cannot Stand Criticism." IAM always interested when Americans attempt to "spoke my wheel," although not always moved to comment. But I think that Mr. Norman Hapgood should explain why it is that if the people of the United States do not "take me as seriously as the English people do," I cannot write an article for a newspaper, much less a novel, without throwing the entire United States Press into a ferment. Some two years ago I published a letter in the London Chronicle in which I rashly instituted comparisons between Englishmen and American men, to the advan- tage of the former—solely on account of the many more generations which had contributed to their building; and although the most exciting and important presidential election of recent years was at its height, I received a sufficient number of abusive articles from the American Press to paper a good-sized flat. And when "Patience Sparhawk and her Times" appeared, there were only two papers that did not arise and vociferate at it—the Boston Herald and Town Topics. In fact, I have had a similar experience in a greater or less degree with every book I have published, although the antagonism of the United States Press has been far more persistent and loud-voiced since I came to England to live. The reason is a simple one. The Americans cannot stand criticism from anyone. But criti- cism from an American-born who has taken up  ## p. 299 (#745) ############################################ THE AUTHOR. 299 his residence in a foreign country, and thus gained two ears instead of one, irritates and worries them out of all self-control and perception of justice. If I romanced about them they would, beyond doubt, ignore me, but as I have never in a single particular deviated from the truth nor been guilty of an exaggeration, they have tried every possible method to frighten me into the peaceful realms of obscurity. Of course there are Americans and Americans. A large and enlightened class understand that the country needs an impartial critic more than any country on earth. I hope I shall never do the United States an injustice, but I shall certainly not be deterred from telling the truth about it in every book I write. Gkrtrude Atherton. 22, Granville-place, Portman-square, W. II.—An Experience with a First-class Firm. I am a beginner in literature, but I have, as in duty bound, joined the Authors' Society, and take The Author. I read therein of the ways of pub- lishers, which seem to be various and occasionally crooked. In the cases that are given, the name of the publisher is not printed, and, although there is a notice that the name and address of the firm can be obtained at the offices of the Society, I am too far from London to be able to identify them. I have, however, formed the impression that, in most cases, the firms to which unfavourable atten- tion was drawn must be small ones of little note, and that with the greater firms the usual methods of business obtaining in other branches of trade were observed, and that one was, so to speak, safe with them. My recent experiences have consider- ably undeceived me, and they may be of interest to my fellow members. Some three or four years ago I wrote two articles on a certain not very well known episode in history, which articles were published in a magazine of old standing and high reputation. The articles had a great success, though in no way pertinent to current affairs. Very shortly after I obtained more material, and I proposed to the publishers of the magazine to combine the old articles and the new material into a book to be illustrated. The suggestion was accepted, almost effusively, and I wrote the book. I was at that time very busy with other affairs, and it was written hastily. It was sent to the publishers, but I subsequently wired to my agent in England to withdraw it from them, and send it back for correction. I may say that I live three weeks' journey away from England. The MS. was returned, and the publishers wrote to say that the book was full of charm, but was hastily written and wanted balance. If I would re-write it they would be glad to have it sent to them for consideration. It was accord- ingly re-written very carefully, with a due regard to balance, and sent to the publisher. The revised MS. must have reached them in the first week of June, 1897. By October no answer was received, and I wrote and asked my agent at home to find out what the publishers were doing. At last in December the publishers answered. There was now no complaint about want of balance, no, the book was a great credit to me, and had fascina- tion, but they could not publish it because the subject was not one likely to be popular. To properly estimate the value of this astonish- ing remark it must be remembered that the gist of the book had been published in the magazine and had attracted great attention; the publishers had accepted at once the suggestion to make a book of the articles,and had mentioned their terms; six months before the final delivery of the MS. they had seen the book, and the only objection was that it wanted balance. The subject is not an ephemeral one, and was no more before the public in 1893 and 1895 than in 1897. If the final reason of the firm be correct, it simply means that they knowingly encouraged me to waste much valuable time writing a worthless book. In any case, their reason for keeping the book for seven months, although aware of its subject and its consequent worthlessness, and thereby preventing me offering it to another firm before the close of the publishing season, is not explained. This is a first-class firm at the very head of the business of publishing. It may be that this is the usual treatment that a young writer may expect, it may be that in the publishing world there is nothing unusual in this. I do not—perhaps happily—know the pub- lishing world and its ethics. But I may say that if indeed this sort of thing is common, the ethics of the publishing world are very different to that of other worlds, with which, fortunately, I am better acquainted. H. QUESTIONS AND ANSWERS. Qaem Deas vult perdero, prias dementat. IBEG to thank your three correspondents for their answers to my question, and to apolo- gise for my bad German, the blame of which must fall on me and not on the printers' reader. As I have been so successful in asking one question, I will now venture to ask another. The  ## p. 300 (#746) ############################################ 3oo THE AUTHOR. Latin words above—where do they come from, and in connection with what were they written? I have twice heard a very learned man declare that to give their authorship is impossible. I would, however, hazard the suggestion that the words should run iambically thus: Qaem Jupiter vnlt perdere, dementat prins, and that they have survived by citation from some lost writing of Publilius Syrus, whose "Judex damnatur cum nocens absolvitur" shows how much better his matter could be than his metre. Querist. PERSONAL. ON the occasion of his seventieth birthday (March 20) Dr. Henrik Ibsen was pre- sented by a group of English friends and admirers with a handsome set of silver, consisting of a ladle, a loving cup, and a small cup. The letter which accompanied the gift was signed by Mr.Wil- liam Archer and Mr. Edmund Gosse on behalf of the forty subscribers—"a few from among the many in England," they wrote," whom your execu- tive skill has stimulated and your intellectual intrepidity encouraged." A propos of the medallion to the late Poet- Laureate, which is to be erected in Lincoln Cathedral, Canon Rawnsley asks, in a letter to the Daily News, if it would not have been feasible to obtain by national subscription the little old manor house at Somersby. "Many in America and England," he observes, "would delight in years to come to see that old bird-haunted home of the greatest of Victorian poets still unchanged, and to find unharmed the Somersby house and garden that was a very haunt of nightingales." Sir William Fraser, formerly Deputy Keeper of the Records of Scotland, who died a fortnight ago, has bequeathed to the University of Edinburgh ,£25,000 for the foundation of a Chair to be called the Sir William Eraser Professorship of Ancient History and Paleography; £ 10,000 for the pur- pose of the library; and one-half of the residue of his estate, which is expected to amount to between .£9000 and £ 10,000, for general require- ments, bursaries, research, publications, &c. Mr. Arthur W. a Beckett, who is a member of the Committee of Management of the Society of Authors, has just been unanimously elected chairman of the London district of the Institute of Journalists. BOOK TALK. HER WILD OATS" is the title of a novel which Mr. Thomas Burleigh, of 370, Oxford-street, has recently published for John Bickerdvke, author of "Daughters of Thespis," "Lady Val's Elope- ment," &c. The scene of the story varies between the Upper Thames and London, and the book contains a slight theatrical interest. Mr. Thomas Burleigh's name is familiar to authors at the present time, owing to his post as secretary of the Booksellers' Union. He has the premises where for many years a publishing business was carried on by Mr. David Stott. On May 2, 1898, it will be fifty years since Queen's College, London, opened its doors for women. This was the result of a plan originally discussed by Charles Kingsley, Alfred Tennyson, Hullah, Maurice, Mrs. Marcet, Mrs. S. C. Hall, &c, for the better teaching of girls, and Queen's College thus became the pioneer of all higher education for women. How times have changed in these last fifty years! An educated woman is no longer the exception, but the rule, the result being that women are now to a great extent able to earn their own livings and work honourably at professions. In commemoration of the jubilee, Mrs. Alec. Tweedie originated the idea of a memorial booklet, comprised of articles by old college students on their own professions, and undertook its editor- ship. This little volume will be sold at the College for the benefit of the building fund, and in its pages will be found the original lecture by Rev. Frederick Denison Maurice on the " Objects and aims of the College," a resume" of the half century's work by Miss Croudace, the Lady Resi- dent, besides articles on medicine, music, art, classics, literature, journalism, cookery, laundry work, hospital training, mathematics, the stage, &c., by well known women writers. A serial novel, called "Whips of Steel," by Annabel Gray, is now appearing as a feuilleton in the columns of the Daily Mail. There will presently be issued from the ofBces of the European Mail another work from the pen of "Sundowner," entitled "Tarns from the Never-Never." The volume will contain some three dozen "yarns from the Australian back- blocks." A volume containing two stories by Mr. Henry James will be published early in the summer by Mr. Heinemann. "Perish the Bauble," a shilling novel of an exciting nature, will be out in May, published by  ## p. 301 (#747) ############################################ THE AUTHOR. 301 Vincent Clare, 71, Wendover-road, Harlesden, N.W. It is by Frances Hariott Wood. "Comedies and Errors " is the title chosen by Mr. Henry Harland for a new volume of short stories, which Mr. John Lane will publish for him shortly. Sir Edward Grey, M.P., is to contribute a volume on angling; Dean Hole one on gardens; the Marquis of Granby one on sport and wild life in a northern county; and Mr. George A. B. Dewar one on sport and wild life in Hampshire and the New Forest, to a new series of books on country life which Messrs. J. M. Dent and Co. have projected. This is to be called the Haddon Library. The Marquis of Granby and Mr. Dewar will edit the series. Mr. Dewar wrote "The Book of the Dry Fly," which appeared a year ago. Sir Martin Conway's new book, " With Ski and Sledge over Arctic Glaciers," will be published in a few days by Messrs. Dent. It is, of course, a result of the author's recent explorations in the interior of Spitzbergen. Mr. Alfred Bussel Wallace has written "The Wonderful Century: Its Successes and Failures," which Messrs. Sonuenschein will publish on May 15. It will give a short descriptive sketch of the more important mechanical inventions and scien- tific discoveries of the century, and discuss the intellectual and moral failures. Sir James Ramsay, Bart., is engaged on "The Foundations of England: a History of England to the Death of Stephen," which Messrs. Sonnen- schein will publish. The child-labour in British industries is the subject of a book by Mr. Frank Hird, entitled "The Cry of the Children," which Mr. Bowden will publish. "The Progress and Prospects of Political Economy," by Professor J. K. Ingram, and "Labour Colonies," by Professor Mavor, are to be published by Messrs. Swan Sonnenschein and Co. Captain Shadwell, of the Suffolk Regiment, who acted as a special correspondent on the North-West Frontier, has written "Lockhart's Advance through Tirah." The volume will be published shortly by Messrs. Thacker. An earlier chapter in Indian history is dealt with by Mr. J. W. Sherer, whose volume, entitled " Daily Life during the Indian Mutiny," Messrs. Swan Son- nenschein will publish next month. Mr. Sherer is an old Anglo-Indian civil servant, and the author of the novel " A Princess of Islam." Among the works to be published during the spring by Mr. Henry Frowde (the Clarendon Press) is "Lectures and Essays," by the late Professor William Wallace. Messrs. Chapman and Hall are publishing "The Song of Solomon," with twelve full-page collotype plates and numerous head and tail pieces by H. Granville Fell. Mrs. Humphry ("Madge" of Truth) has written "Hints: A Book for Women and Girls," which Mr. Bowden is to publish shortly. Besides his new novel called " Robin Hood," which Messrs. Harper Brothers are to publish, Mr. Barry Pain will be represented this season by a book entitled "Tompkins' Verses," which are contributions on topical subjects, and have been appearing in the Saturday Daily Chronicle for the last year or two. Professor William J. Knapp's Life of George Borrow, which has already been announced, will not be ready until the autumn. Mr. Murray is the publisher. Dr. Robert Wallace, M.P., who was at one time a Presbyterian divine and afterwards editor of the Scotsman, is writing his reminiscences, and has entered into an arrangement with Messrs. Bliss, Sands and Co. for the publication of the book. Mr. John A. Doyle is responsible for the "Memoir and Correspondence of Susan Ferrier," which Mr. Murray is to publish. Susan Edmon- stone Ferrier is of course the author of " Marriage," "The Inheritance" and other novels. Sir Walter Scott, whose friendship she enjoyed, used to be credited with the authorship of her tales. She died in her native city, Edinburgh, in 1854. A biography of W. G. Wills, poet, dramatist, and painter, by his brother, the Rev. Freeman Wills, will be published by Messrs. Longmans, Green, and Co. The correspondence of an aunt of the Queen is being edited by Mr. Philip C. Yorke, and will be published by Mr. Fisher Unwin. This aunt was the Princess Elizabeth, who became by marriage Landgravine of Hesse-Homburg; and most of the letters in the forthcoming volume were written to a lady friend, Miss Louisa Swinburne. The title of Lieutenant Peary's book on his Arctic explorations will be "Northward over the Great Ice." It will be in two volumes, and have 800 illustrations. Messrs Duckworth, Henrietta-street, who will publish Mr. Wheeler's book, are a new firm, and the following are some of the books they have arranged for:—" Studies iu Biography," by Mr. Leslie Stephen; "Tom Tit Tot; or Savage Philo- sophy in "Folk-Tale," by Mr. Edward Clodd; "Cricket," by the Hon. R. H. Lyttelton; "A History of Rugby School," by W. H. D. Rouse; novels by Miss Clemence Housman, Charles Kennett Burrow, John Sinjohn, Mrs. W. K. Clifford, and Edward H. Cooper; and a volume  ## p. 302 (#748) ############################################ THE AUTHOR. of verse bv Miss Margaret Armour, entitled " The Shadow of Love." Mr. Sidney Pickering has written a story of an educated gentleman, who seeks refuge from the conventionalities of English society by becoming a tramp of the road. The title of the book is "Wanderers," and Mr. James Bowden will pub- lish it. Messrs. Bliss, Sands, and Co. will publish "Mrs. De La Eue Smyth," by Riccardo Stephens, M.B., CM. A novel by Mr. Archer P. Crouch, "For the Rebel Cause," a tale of the Chilian civil war, is to be published by Messrs. Ward, Lock, and Co. A new story by "Alan St. Aubyn," will be published by Messrs. Chatto and Windus in a few days. The title is "Fortune's Gate." This firm also announce "The Heritage of Eve," by H. H. Spettigue. Mrs. Gertrude Atherton's new novel, "The Calif ornians"; a work by Mr. H. B. Marriott Watson, entitled " The Heart of Miranda "; and another from Mr. Le Gallienne, entitled "The Romance of Zion Chapel," are to be published by Mr. John Lane. Among forthcoming novels to be published by Messrs. Hutchinson are Mr. Douglas Sladen's "The Admiral," a romance of Nelson, for which, as a considerable part of it is laid in Naples in 1798-9 at the place of Sir William and Lady Hamilton, the author has gone to Naples to verify a point; "The Millionaire," by Mr. F. Frankfort Moore; "A Bachelor Girl in London," by Miss Q. E. Mitton; "The Renunciation of Helen," by Mr. Leader Scott; "An Angel of Pity," by Florence Marryat; "Mars," by Mrs. S. D. Barker; "Adrienne," by Rita; and "In the Shadow of the Three," by Miss B. L. Tottenham. Fiction to come from Messrs. A. D. Innes and Co. will include the following volumes:— "Children of the Mist," by Mr. Eden Phillpotts; "A Woman's Privilege," by Miss Marguerite Bryant; "The Island of Seven Shadows," by Roma White; "The Indiscretion of Lady Asenath," by Mr. Basil Thomson; and "The St. Cadix Case," by Esther Miller. "The Keepers of the People," a romance, by Mr. Edgar Jepson, will be published this month by Messrs. Pearson. Professor Hugh Walker, of St. David's College, is engaged upon a history and criticism of English literature in relation to national life, from the end of the Georgian period to the present day. The work will be published by Messrs. G. Bell and Sons. THE BOOKS OF THE MONTH. [Feb. 24 to March 23.—316 Books.] Adamson, W. Life or Rev. Jts. 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Title A name given to the resource The Author, Vol. 08 Issue 11 (April 1898) Subject The topic of the resource <em>The Author</em>, Vol. 08 Issue 11 (April 1898) 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 1898-04-01-The-Author-8-11 publications The Author