https://historysoa.com/files/original/5/489/1904-01-01-The-Author-14-4.pdf 1144daee55633d265f765fd8eddbdf83 PDF Text Text ���������������������������� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Author Subject The topic of the resource <em>The Author</em> Description An account of the resource A digitised run of the Society of Authors' monthly periodical, <em>The Author</em>, 1890<span>–</span>1914, made available together for the first time.<br /><br />Currently users can browse issues and <a href="https://historysoa.com/items/browse?search=&amp;advanced%5B0%5D%5Bjoiner%5D=and&amp;advanced%5B0%5D%5Belement_id%5D=51&amp;advanced%5B0%5D%5Btype%5D=is+exactly&amp;advanced%5B0%5D%5Bterms%5D=Index&amp;collection=&amp;type=&amp;tags=&amp;exhibit=&amp;date_search_term=&amp;submit_search=Search+For+Items&amp;sort_field=Dublin+Core%2CTitle">indices</a> (not available for all volumes). Full text search for all issues, and other additional search functionality, will be added in 2022. Date A point or period of time associated with an event in the lifecycle of the resource 1890–1914 Identifier An unambiguous reference to the resource within a given context The-Author-Issues Publication Date The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format) 1904-01-01 Volume 14 Issue 4 Pages Page range in volume 85–112 Ngram Date Version of the date in YYYYMMDD format for use by the Ngram plugin 19040101 Ngram Text Version of the text with no HTML formatting for use by the Ngram plugin Che Hutbor. (The Organ of the Incorporated Society of Authors. FOUNDED BY SIR Monthly.) WALTER BESANT. Vou. XIV.—No. 4. TELEPHONE NUMBER : 374 VICTORIA. TELEGRAPHIC ADDRESS : AUTORIDAD, LONDON. 1 NOTICES. —_ > OR 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 opinion of the Committee unless such is especially stated to be the case. Tuer Editor begs to inform members of the Authors’ Society and other readers of 7he Author that the cases which are from time to time quoted in The Author are cases that have come before the notice or to the knowledge of the Secretary of the Society, and that those members of the Society who desire to have the names of the publishers concerned can obtain them on application. + List of Members. Tue List of Members of the Society of Authors published October, 1902, at the price of 6d., and the elections from October, 1902, to July, 1903, as a supplemental list, at the price of 2d., can now be obtained at the offices of the Society. They will be sold to members or associates of the Society only. a The Pension Fund of the Society. THE investments of the Pension Fund at present standing in the names of the Trustees are as follows. This is a statement of the actual stock; the VoL, XIV. JANUARY Ist, 1904. [Price SIXPENCE. money value can be easily worked out at the current price of the market :— Be £1000 0 0 Wiocal Uioans 26s 500 0 0 Victorian Government 8 % Consoli- dated Inscribed Stock ............... oot 19 18 OY Eo oes nss pete 201 9 8 Mota. ...0.2...3. £1,993 9 2 Subscriptions from October, 1903. £ s. a. Noy. 13, Longe, Miss Julia. : - 0 5.0 Dec. 16, Trevor, Capt. Philip 0 5 0 Donations from October, 1908. 4 Oct. 27, Sturgis, Julian é ; oo Nov. 2, Stanton, V.H. . Nov. 18, Benecke, Miss Ida. Nov. 28, Harraden, Miss Beatrice Dec. Minniken, Miss The following members have also made subscrip- tions or donations :— Meredith, George, President of the Society. Thompson, Sir Henry, Bart., F.R.C.S. Rashdall, The Rev. H. Guthrie, Anstey. Robertson, C. B. Dowsett, C. F. There are in addition other subscribers who do not desire that either their names or the amount they are subscribing should be printed. ourFaAe nooo So ooo oo <> 6 FROM THE COMMITTEE. — Ar the meeting of the Committee held on Monday, December 7th, twenty members and asso- ciates were elected, bringing the total number of elections for the current year to just over 200. Among the subjects discussed and dealt with were financial matters, the unveiling of the memorial to Sir Walter Besant (which took place 86 on the 11th of December), cheap postage on maga- zines to the Colonies, and finally the article signed “ Proxy” in the December number of Ze Author. The Committee decided that a paragraph should be inserted in the next number of Ze Author condemning the practice described by “ Proxy.” Sir Gilbert Parker sept in his resignation as a member of the Committee, owing to the heavy pressure of his Parliamentary and other work. In doing so, he wished the Society all prosperity. ot Cases. Srxcz the publication of the last number of The Author seventeen cases—an unusually large num- ber—have been taken in hand by the Secretary on behalf of members, and, in addition, two County Court cases have been authorised by the Chairman of the Society. The seventeen cases may be divided as follows :— Hight cases for money or for money and accounts, three cases for accounts only, five cases for the return of MSS., and one case for the proper settle- ment of a contract. So far, only one case has been settled. The MS. has been received by the Secretary and returned to the author. ‘There is no reason to believe that the other cases will not terminate satisfactorily, but at this time of the year it is difficult to get money out of those people who desire to withhold it. In a future issue no doubt satisfactory conclusions will be chronicled. Of the cases referred to in previous numbers there are five still incomplete. ‘As two of the matters in contention have to do with the United States it is possible that they may be still further delayed. The length of time that a letter takes to reach the United States is not the only cause of delay. It is often, unfortunately, the fact that distance appears to make the offender callous to his obligations. Two of the cases will have to be abandoned owing to technical and other reasons which prevent the enforcing of the author’s just rights. The fifth case is still in negotiation, and is proceeding satisfactorily. —— + December Elections. 17, Newburgh Road, Acton. Braintree House, Cob- ham, Surrey. Ashe, Leslie Cartwright, Miss A. M. . Corkran, Miss Alice Laurence, Lionel Maudsley, Athol Twyford, Winchester. Needham, R. W. Bradshaw Land Tax, Somerset House, W.C. THE AUTHOR. Orr, Mrs. Mount Eagle Lodge Brosna, Co. Kerry Treland. 19, Chesham Place, 5.W. 21, Inglewood Road, West Hampstead, N.W. Care of Messrs. Power, Drury & Co., Madeira 16, Dorset Square, N.W. Colinton, Midlothian. Pauncefote, The Hon. Maud : ‘ Pierson, C. Harvard Ramsey, Miss Lilian Sheringham, H. T. Skae, Miss Hilda “‘ Stephen Walthair ” Syrett, Miss Netta . 3, Morpeth Terrace, Ashley Place, 8.W. Saltwood, Hythe, Kent. Ladies’ Army and Navy Club, Burlington Gardens, W. Stigand, Mrs. “Tiger Rose ” Urwick, Edward Vaughan, Capt. A. O. Aberdovey, N. Wales. _One member does not desire the publication either of his name or address. 1 Pension FunpD. In order to give members of the Society, should they desire to appoint a fresh member to the Pension Fund Committee, full time to act, it has been thought advisable to place in 7he Author a full statement of the method of election under the scheme for administration of the Pension Fund. Under that scheme the Committee is composed of three members elected by the Committee of the Society, three members elected by the Society at the General Meeting, and the chairman of the Society for the time being, ex officio. The three members elected ‘at the general meeting when the fund was started were Mr. Morley Roberts, Mr. M. H. Spielmann, and Mrs. Alec Tweedie. According to the rules it is the turn of Mr. M. H. Spielmann to resign his position on the Com- mittee. In tendering his resignation he submits his name for re-election. The members have power to put forward other names under Clause 9, which runs as follows :— “ Any candidate for election to the Pension Fund Com- mittee by the members of the Society (not being a retiring member of such Committee) shall be nominated in writing to the secretary, at least three weeks prior to the general meeting at which such candidate is to be proposed, and the nomination of each such candidate shall be subscribed by, at least, three members of the Society. A list of the candidates so nominated shall be sent to the members of the Society with the annual report of the Managing Com- mittee, and those candidates obtaining the most votes at the general meeting shall be elected to serve on the Pension Fund Committee.” :  THE AUTHOR. 87 In case any member should desire to refer to the list of members, a copy complete, with the exception of those members referred to in the note at the beginning, can be obtained at the Society’s office. It would be as well, therefore, should any of the members desire to put forward candidates, to take the matter within their immediate consideration. The general meeting of the Society has usually been held towards the end of February or the beginning of March. It is essential that all nominations should be in the hands of the secretary before the 31st of January, 1904. — se 7 SERIAL ISSUE—AUTHORS AND PUBLISHERS OR EDITORS. ee Afialo and Cook v. Lawrence and Bullen. OW that the case of Aflalo and Cook v. Lawrence and Bullen has been finally settled by the judgment of the House of Lords, it is necessary to consider its bearing on authors’ property and the methods employed for the sale of that property. There is no need to set forth at length the 18th Section. Members can refer to the last number of The Author. But it is necessary to remember three points. Firstly, employment. Secondly, that the work shall have been com- posed in such employment on the terms that the Copyright shall belong to the proprietor. Thirdly, payment for such work. Where. these three points are proved the copy- right will belong absolutely to the proprietor, etc., of the Encyclopzedia and will belong to the pro- prietor, etc., of the review, magazine, or other periodical work, subject to the provisoes at the end of the section. It has been decided that the second of the three points set out above may be inferred, and need not be actually set forth in an express contract. The question, however, according to the judges in the House of Lords is one of fact and each case must be decided on its own evidence. In order that it may be possible to ascertain what deductions are likely to be made from the evidence, it will be necessary to look, firstly, into each decided ease and to notice the inference drawn ; secondly, whether such inference is growing wider in scope or more restricted ; thirdly, whether more in favour of the proprietor or the original owner of the property, the author. The Lord Chancellor stated “‘ The case is covered by authority,” and that he thought it impossible, after the decision arrived at about half a century ago and confirmed by the decision of the Court of Appeal, to give any judgment except one in favour of the appellants. The recent case is thus stated to be covered by authority. } Firstly then, it is necéssary to consider the authorities and the inferences drawn from them, before considering this special case and the further inferences that may be drawn from it. The authorities which to the Four Law Lords and Lord Justice Vaughan Williams appeared to decide the case in one way, and which to Mr. Justice Joyce, Lord Justice Stirling, and Lord Justice Romer seemed to suggest the opposite decision, were Sweet v. Benning and Lamb v. vans. In Sweet v. Benning various members of the Bar furnished reports of cases to the plaintiffs, the pro- prietors of the Jurist. They were reports merely. The barristers employed selected the cases they thought fit to report and composed the head notes and short summaries. They were paid for their work. The arrangements were oral and nothing was said about copyright. The property in dispute on this occasion could hardly be called original, except so far as the head notes and the abridge- ment of the product of other people’s brains may show originality. The case was decided in the Court of Common Pleas, and the inference was drawn that the copyright belonged to the proprietors of the Jurist. In Lamb vy. Evans the plaintiff employed and paid for persons to canvass for advertisements and arrange them under appropriate headings in a trade directory. Here again the work in question could hardly be called literary work of a high and original order. Lord Justice Lindley, in giving judgment, stated that the burden of proof that the copyright belonged to the plaintiff was on the plaintiff, and the statute did not say the kind of evidence which had to be adduced for the purpose of proving this. If there is no express agreement the question is, ‘ What is the inference to be drawn?’ and the inference was drawn that the copyright belonged to the plaintiff. It is worth noticing that in both these cases the ersons claiming the copyright were suing pirates and the defendants’ objections were technical only. And farther that the head notes in question could only have been published by the authors in a form which would compete with the publication for which they had been written. In both cases it would have been unbusinesslike to assume that the authors intended to reserve a copyright which could only be useful for a rival publication. 88 These were two cases that may be classed under Encyclopedias. The facts of Aflalo and Cook v. Lawrence and Bullen were fully set forth in last month’s Author, and the inference drawn from these facts was that the copyright belonged to the proprietor of the Encyclopedia. Does this judgment extend the former judgments, as to the inferences that may be drawn from the facts, and is such extension in favour of the publisher or author? On the whole it must be held to extend them considerably, and in favour of the publisher or proprietor. It would have been thought, that it is the publisher’s business to know the law and make his bargains accordingly. Authors, especially young authors, are often quite inexperienced in the legal aspect of the case, and much more likely than a publisher to enter into bargains the full nature and consequences of which they do not understand. It would have been no hardship to the publisher to secure the copyright by express provision in his contract. The decision is revolutionary and must compel some of the well-known writers on copyright to alter their deduction from Sweet v. Benning and The Bishop of Hereford v. Griffin in the next edition of their works. The evidence of employment was complete. that point there was no need for argument. There On was evidence of payment. Of that there can be no dispute. But one essential point must be con- sidered—how far that payment could be reckoned substantial for the copyright of the literary pro- perty in question, when compared with the ordinary literary prices of an expert writer on any given subject. Would Mr. Aflalo, for instance, for a sum of £500, sell the idea of the Encyclopedia, give up two years work and devote himself to the editor- ship of it, writing without further fee, 7,000 words and contributing all the unsigned articles that might be required ? This would be poor pay for the employment of the technical knowledge that Mr. Aflalo possesses, and it is hardly likely that for so small a fee he would care to sell the copyright of his work. Again, Mr. Cook contracted to do a certain amount of work at £2 per thousand words. Anyone with Mr. Cook’s reputation as a fisherman, and with his great technical knowledge, would not be likely to sell his work to any magazine or periodical, for a fee so small if he was not to hold some subsequent rights; but the Court inferred that Mr. Cook did so, and it is impossible not to consider that the inference drawn in this present case widens enormously the field of inference as compared with the former cases. In this case you get highly technical knowledge, the result of years THER AUTHOR. of work and study of particular kinds of sport. You get that knowledge set out in original form and paid for at a peculiarly low price. Is it possible that in the next case which may be brought before the Courts under the 18th section from less con- clusive facts, a still wider inference may be drawn —more salutary to the publisher, more disastrous to the author ? Their Lordships did not seem to consider that the position of literary property nowadays is vastly different from what it was fifty years ago, and that therefore as the circumstances have changed, it is impossible to make the same deductions. It is clear that in the future authors should be exceedingly careful of the circumstances in which they contribute to Encyclopeedias,reviews,magazines or periodical works, and some further points must be put forward. In this judgment very little was said of the question of employment, as the employment was clear and undisputed, but it is quite possible that this question may be raised at some future date and that the author’s position may be further endangered. Mr. MacGillivray in his able work on Copyright is inclined to think, from the cases which have been already heard, that the employ- ment must be antecedent, and so far, this deduction appears to be satisfactory. There is no decision on the subject, and the point does not appear to have been actually argued. It is to be hoped, however, that it may never be held that the publication of a work submitted unsolicited to a magazine proprietor and published by him without any definite contract, will be sufficient to show employment by the proprietor, of the contributor. But this point has never been decided, and authors should be exceedingly careful that they do not allow themselves to depend on the broken reed of the 18th section. If such publication can amount to employment the second deduction that the copyright should belong to the proprietor would be the merest step farther, and the author would find himself in difficulties, even though, possibly, he had received an entirely inadequate price for such sacrifice. Evidence, unfortunately, is constantly coming forward that the Bench and English juries have very little appreciation of the real value of literary productions. That the danger is a serious one may be seen from the fact that a great deal was made in the — present case of the amount of money the proprietors were sinking in the venture, but this is an obviously unfair argument, unless, at the same time, the return the publishers hoped for or actually realised had also been stated. No one would object to spend £50,000 to-day if he obtained £100,000 at the end of six months, or thought he could.  THE AUTHOR. 89 It seems certain that if only the amount ventured by the publisher in the production of a magazine, review, or encyclopedia is large enough, it must follow as a matter of course, according to these lines of argument, that the employment will be on the terms that the copyright shall belong to the proprietor. No thought appears to have been given to the opposite view that the publisher is a man of business, and, as such, quite capable of protecting himself from any danger of being deprived of the full benefit of the literary wares which he desired to buy, and that the price paid to the author may be entirely inadequate to cover the sale of copyright. The idea which seems to have influenced the Law Lords was that if the copyright in the articles had not passed to the publishers, the authors might all have joined together and republished their articles as a rival encyclopedia, but surely the law of England would be strong enough to stop such an unfair act of derogating from their own grant, and in any event the idea is a far fetched one. A much more pertinent consideration would be that under the present decision publishers might commission and pay for articles for an encyclopedia over which they announced their intention of spending large sums, and then bring out the articles as cheap popular books at large profit to themselves, or publish in other remunerative manner before they finally collected them into the encyclopedia, That this idea is not imaginary may be shown by the case of some publishers who purchase a work with a view to book production, and then try to sell the serial rights in a magazine, to the great annoyance of the author, who may, through his carelessness or ignorance, have left himself defenceless. Lord Shand, in his remarks, constantly mentioned the word “magazine” in addition to “encyclo- pedia.” There seems no doubt, therefore, that in his mind, the same inference might be drawn in the case of a magazine proprietor, as in the case of the proprietor of an encyclopedia. He also referred to the publisher as conceiving the creation of the magazine which he publishes as his undertaking for his profit. In this case, however, the concep- tion of the work was the Plaintiff’s, Mr. Aflalo’s. There is no need to consider at length the judgments of those learned Judges of the Court of First Instance and the Court of Appeal, when verdicts were given in favour of the plaintiffs, but in considering the present verdict an endeavour has been made to show the increasing dangers that surround authors ; and the members of the society should be warned when, in future, they contribute to an encyclopedia, review, or magazine, whether they have been employed by the proprietor, or whether they send in their work on their own initiation, to be careful to state in a covering letter the terms on which they are willing to dispose of it. They should also be careful to keep a copy of that letter, so that in any action it will lie with the publishers to prove that the terms of the letter have been subsequently varied. The terms which the letter should contain must, of course, depend upon the magazine for which the author is writing and his position as a writer. It is dangerous to sell serial rights without any limitation. Members will, no doubt, recollect the article that appeared in The Author, where the serial rights in an essay were sold to an American magazine, and the author was astonished to find that his work was being reprinted in a periodical in England. There has been no decision in the Law Courts to determine the exact definition of serial rights, but the custom of the trade has been sufficiently established to show that a conveyance of these rights does not in any way convey the copyright, but merely conveys the right to produce articles in serial form—that is, in a review, magazine, or other paper of periodical issue. In further explanation it must be remembered that the Courts have decided that an annual is a periodical issue, and that some magazines print long stories in one issue. When an author, there- fore, sells his serial rights, either to a magazine which undertakes to print his work in one issue, or to an annual, he should be careful that he gets an adequate price, as a single serial issue may have some effect in spoiling the circulation of the story in book form. This remark, however, does not apply to short stories. Dealing then, with the ordinary sale of a work in serial form, the price per thousand words that the author is willing to accept should be distinctly stated, and the exact limitation of the serial rights he is willing to sell, z.e, if possible, they should be limited to one issue of a given magazine or periodical. The author must remember that it may be possible for him to obtain second serial rights from other papers or to sell the further serial use in other countries. A fact incidental to this matter must not be omitted. It is the custom of many of the popular magazines of the day, when no contract has been made in the first instance, to forward cheques to their contributors, with notices stamped on the back that the endorsement of the cheque is an acknowledgment of the transfer of the copyright. This custom is a distinct danger to authors, for although the endorsement of such a cheque will not in any way vary any eapress contract that may have been entered into before publication, yet it might be evidence of an implied term in a con- tract if the cheque was endorsed without dispute.  90 Since the decision which has been given in the case of Aflalo and Cook vy. Lawrence and Bullen, it is especially dangerous, as the slightest evidence may afford a chance of drawing a deduction disadvantageous to the author. If a publisher desires to obtain special terms or the copyright, he has merely to say so beforehand, and the author will know his exact position. It is not fair that the purchaser should endeavour to incorporate into a contract terms which never existed in the mind of the author when the contract was made. Finally, by way of repetition, it cannot be too strongly impressed on the minds of all members, (1) that a letter should be sent with the “ copy’; (2) that if no letter be sent with the “ copy ” an express agreement should be made before publica- tion; and (8) that in no circumstances, whether a letter has been sent with the “copy,” whether an express contract has been made before publica- tion, or whether no contract has been made at all, should an author sign a cheque that is issued to him on the lines stated above. Clearness and finality in contract is essential to a good understanding between authors and publishers or editors. If the two latter, instead of abusing the methods of the Society, endeavoured to work on more businesslike lines the wheels would run much smoother for all parties. In book production a clear understanding is now nearly always the rule—a doubtful contract the exception. The time, perhaps, may come when the same remark may be applied to the contract for serial rights. G. H.T- ——>—_¢ —____—-- OUR BOOK AND PLAY TALK. — E are glad to say that our Vice-Chairman’s latest book, “The & Becketts of Punch,” has scored a success. These “ Memories of Father and Sons,” within the compass of one volume, make interesting reading. We should like to quote at length from its pages, but lack of space allows of one extract only. Referring (page 236) to the Dramatic Authors’ Society, Mr. d Beckett says the circuit system of Mr. Crummles was the order of the day when it was organised. “Every theatre in the country belonged to it, and was assisted according to its means of payment. It was the duty of each subscriber to pay so much a night, and then send up the bill of the evening’s performance to the Sec- retary of the Dramatic Authors’ Society, who entered the amount to the credit of the member. Thus, say Smith had written a one-act farce, Snooks a two-act comedy, and THE AUTHOR. Larkins a one-act burlesque, the amount would be divided into fourths, of which Snooks would take one half, to the quarters apportioned to Smith and Larkins. . .. This system worked very well while the remuneration of the dramatist remained at £100 an act, which was the regu- lation sum in the mid-Victorian era. But all this was changed when Dion Boucicault introduced the system of percentages. The moment that a dramatist’s remuneration depended upon the takings of the house his fortune was made. It was very much the royalty system applied to plays. . . . There was an immediate revolution. Tom Robertson, W. 8. Gilbert, and the present editor of Punch naturally wished to get something better than a few shillings a night for their newest plays in the provinces, and a resolution was passed giving them the necessary powers of reservation. The provincial managers com- plained that all the newest London pieces were out of the provincial market, and asked what was the use of being assessed for old and unattractive plays. So by degrees the Society disappeared.” Mr. a Beckett has another book in hand which will be published early in 1904, dealing with his career entirely outside Bouverie Street. Sir F. C. Burnand’s two volumes of ‘“ Records and Reminiscences,” with numerous illustrations and facsimile letters (Methuen), is another inte- resting book recently published. It has been widely reviewed and much quoted. It has been read (or will be read), no doubt, by all our members. The annual annotated volume of “Statutes of Practical Utility” passed in 1903, which will shortly appear under the editorship of Mr. J. M. Lely (Sweet and Maxwell, Stevens and Sons), will contain, with 17 other Acts selected from the 47 passed, the Motor Car Act, the Poor Prisoners Defence Act (both of these two being fitted out with extra notes), the London Education Act, the Employment of Children Act, the County Courts Act, the Pistols Act, the Finance Act, and the Housing of the Working Classes Act. Some interesting Departmental Regulations, e.g., those of the Local Government Board under the Motor Car Act, as well as the Cremation and Midwives Rules under Acts of 1902, will also be included ; and in the Preface attention will be called to the desirability of some Parliamentary action being taken to prevent, so far as preventible, the recur- rence of obscurities in legislation. Acts relating to Scotland or Ireland only are not printed in this collection. Sixpenny reprints are, happily, not limited to fiction. In those issued thus far by Messrs. Watts and Co. on behalf of the Rationalist Press Associa- tion, there is included Herbert Spencer’s masterly treatise on “Education,” of which some 40,000 copies have been sold in that form. Messrs. Watts’ next book in this cheap series will be Edward Clodd’s “Story of Creation,” published by arrange- ment with Messrs. Longmans, the first issue to consist of 30,000 copies. oA AY  THE AUTHOR. Mr. Herbert Bentwich, LL.B., who published a short time ago a pamphlet entitled “ A Plea for a General School of Law,” is now taking up seriously a long projected work on “ International Copyright.” : The publication by Messrs. Isbister & Co. of Mr. G. S. Layard’s novel, at present entitled “ Dolly’s Governess,” has been postponed until the spring of next year. Mr. Layard is now engaged upon “ The Life of Kate Greenaway,” in collabora- tion with Mr. M. H. Spielmann. Any information not already furnished concerning the deceased artist and lover of children should be sent to Mr. Layard at Bull’s Cliff, Felixstowe. “Home Life under the Stuarts,” by Elizabeth Godfrey (Grant Richards), is about to be followed by a study of social life during the same period, 1603—1649. This will describe art and literature, amusements, the literary coterie, travelling, friend- ship, the religious life, and kindred topics. It will be uniform with the preceding volume, which in fact it completes, and will be illustrated. Messrs. H. Sotheran & Co. (37, Piccadilly, W.) are prepared to supply “ Kilboylan Bank,” by Mrs. E. M. Lynch. It is an Irish story illustrating the working of that humble form of finance—Agri- cultural Co-operative Credit. The book should prove useful at the present time, when the new Irish Land Act is turning many peasants into proprietors. Captain G. E. W. Hayward, whose two articles entitled ‘‘ Cosas de Espaia” appeared in the Feb- ruary and June numbers of Blackwood, is now completing a one volume novel which he hopes to see published in the spring. The Baroness de Bertouch is at work on her *“ Life of Father Ignatius,” which Messrs. Methuen have accepted and will publish early in 1904. In order that the work might be done under the supervision of Father Ignatius himself, the authoress has spent nearly a year at Llanthony in the guest-house of the monastery. Mr. Leslie Cope Cornford, author of “ Captain Jacobus,” &c., &c., has just completed a story dealing with a phase of eighteenth century life. It is to be published in 1904. Mr. Bertram Mitford’s new novel, “ The Sirdar’s Oath,” will be published by Messrs. F. V. White and Co. some time in January. The scene is laid on the northern border of India and the action deals with the tribesmen inhabiting that locality. The story has been running serially during this year through several British and Colonial news- papers under the title of “ Raynier’s Peril.” Miss Theodora Wilson Wilson’s new novel, “Ursula Raven,” is now running through the Daily News as a serial. The scene of the story 4s laid in Westmoreland, and the chief interest 91 lies in the description of a struggle against monopoly. Mrs. Finnemore will publish shortly through Messrs. Hurst and Blackett, a story entitled “Tally.” It is of domestic interest, the period being the early years of last century. It is a shorter story than “A Man’s Mirror”? (Cassell, October, 1908) and quite different in character. Mrs. Finnemore is at present busy upon a story which she hopes to have completed early in 1904. The setting is the Welsh hills—Mrs. Finnemore’s own neighbourhood, a solitary and wild bit of country between the Berwyns and the sea. “An Oath in Heaven” is the title of a new novel by Mr. John Ryce. It is published by Messrs. James Clarke & Co. at 6s. Mr. Algernon Rose’s handbook for wind-instru- mentalists entitled “Talks with Bandsmen,” a thousand copies of which have been sold in this country, has been pirated for serial purposes by the Dominant, a musical paper of New York. The Rt. Hon. Joseph Chamberlain has accepted a copy of Mr. Algernon Rose’s book “ On Choosing a Piano” (Scott), one chapter of which deals with the fiscal question as it regards pianoforte manufacturers in this country. We hear that a new and enlarged edition of Mr. Reynolds-Ball’s Guide to the Winter Resorts of the Mediterranean will be published very soon. A new and useful feature will be a supplement containing articles on the principal Colonial and other extra European winter resorts, such as the Canaries, the West Indies, and the Cape High- lands. Miss Florence M. King (Jfaud Carew), who has been prevented by unavoidable causes from writing anything for some time, is engaged on a new children’s book. “Songs of Summer,” by Mr. C. Whitworth Wynne, has been published by Mr. Grant Richards. Mrs. Caroline A. White’s book “Sweet Hamp- stead and its Associations ” is now in asecond and revised edition. It is dedicated to the Conser- vators of the Heath and to all who love sweet Hampstead for its own sake. The volume is well illustrated. Messrs. Elliot Stock are its publishers. For the benefit of those among our readers who saw the review in the Guardian (December 2nd) of “A Queen of Nine Days,” by Miss Edith C. Kenyon, suggesting that she had not written the book herself, but only supplied a modern rendering, we give her reply, which appears in the same journal (December 9th) :— S1z,—In allusion to your review of “A Queen of Nine Days” in this week's Guardian, will you kindly allow me to say that I wrote the whole of the book, and the idea that it was written by one of Lady Jane’s gentlewomen is only a part of the story. Moreover, if your reviewer reads 92 history, he will find that Lady Jane was singularly humble and truth loving, and, like all great souls, in advance of her eo EpitH C. KENYON. “High Treason” (The Primrose Press: 64d. nett) is Mr. Allen Upward’s latest contribution to the Romance of Politics series. In his preface Mr. Upward says: “Many of the incidents, I think, will be fresh in the memory of most news- paper readers, though the connection here traced between them may not be perceived. For others, I can produce my authorities, should the truth of these pages be challenged. ; Except for articles in papers and magazines, Mr. Clive Holland’s chief work during the past year bas been the writing of two plays. One is a comedy (founded on his two Japanese novels, “My Japanese Wife” and ‘‘Musme”), written in collaboration with an American playwright, Miss Florence Hopkins ; the other a modern comedy of French and English life, written by himself. _ The former will probably see the light first in New York; the latter will, Mr. Holland hopes, be produced in London. The Franciscan Friars of the Collegio di San Bonaventura at Quaracchi, near Florence, who are their own printers and publishers, have just brought out the first critical edition ever attempted of the writings of Saint Francis of Assisi. The rights of translation into English have been assigned to M. Carmichael. We understand that Mr. Sidney Lee will deliver a lecture (January 26th) on “Shakespeare” to the members of the British Empire Shakespeare Society. He will also deliver a lecture early in the year at the Royal Institution, on “Shakespeare as Contemporaries knew Him.” Mr. W. L. Courtney is to deliver two lectures on “Comedy, Ancient and Modern,” at the Royal Institution, on the afternoons of February 6th and 13th. Mr. Alfred Austin and Mr, Henry Arthur Jones are also to lecture at the same famous Institu- tion in Albemarle Street. i AMERICAN NOTES. re MONG the six books now most in demand throughout the States I note that only one, Sir A. Conan Doyle’s “Adventures of Gerard,” is a work that is not of American author- ship. This is significant of the growing nationalisa- tion of our literature. The best English books still come to us, and are no doubt read and appre- ciated ; but they are no longer, as they once were, our exclusive models, and they take, generally speaking, but a secondary place in the market. Yet no great star can be said to have risen above THE AUTHOR. our horizon of late ; nor has any American work of such wide appeal as Mr. Morley’s “ Life of Glad- stone” been issued on this side. The advance is rather horizontal than vertical, to say truth. As if to atone for the loss of Frank Norris’s promise, Mr. Jack London has sprung up and attained something like distinction already. But the merits of his “Call of the Wild” must be too well known to readers of Zhe Author to require comment from me at this time of day. He has no doubt a great future before him. But Mr. London’s book stands second in the list of “ big sellers.” At the top is a spirited tale of the Civil War by Mr. John Fox, junior. The scene of “The Little Shepherd of Kingdom Come” is the border state of Kentucky, and its most im- portant character, John Morgan, the raider ; though Grant is introduced. The book naturally challenges comparison with Winston Churchill’s «The Orisis.” Another civil war story—not so good, though, as Mr. Fox’s—is Frederick Palmer’s “ The Vaga- bond,” which contains some well described war scenes, notably a vivid account of the battle of Bull Run. Among the established favourites in historical fiction Mr. Chambers has added to his record “ The Maids of Paradise,” who are not houris, but damsels of a Breton village. The period is that of the Franco-German War. Brittany is also the scene of Margaret Horton Potter's ‘‘ Castle of Twilight”; but in this case it is the old-world feudal province. Cyrus Townsend Brady has deserted the historical field and broken new ground in “A Doctor of Philosophy”; but his success can scarcely be described as unqualified. Two notable novels of modern life, each by a woman, treat of university society. Miss Anna McClure Sholl, in “The Law of Life,” recounts the struggle of a Puritan conscience with femi- nine instinct, and also raises the difficult problem of the relations of a university towards a meddling and not too scrupulous benefactor. The author is generally supposed to have had Cornell in her mind—not that the circumstances exist there. “he Millionaire’s Son,” by Mrs. Robeson Brown, is also concerned with a moral conflict, in this case between the wish to carry on the paternal business — and an overpowering scholarly bent inherited from a grandfather. James Lane Allen has once more exhibited his. fine sense for style; but “The Mettle of the — Pasture,” like “The Reign of Law,” falls far — below the high standard attained by the book ~ which gave him fame. The strangely-named “ Silver Poppy” (it is the — title of the heroine’s first novel) by Arthur Stringer, is a striking but imperfectly-conceived —  THE AUTHOR. tale of love and literature in New York. The latter, represented by the American woman, gets the better of the former in the person of an Eng- lish journalist. Thomas Dixon’s “The One Woman” has attained popularity rather on account of its subject —socialism and sex—than its literary merits, which are of the sensational order. George Barr McCutcheon has made an ambitious experiment in “The Sherrods,” which has been the fictional attraction of the Bookman during the greater part of the year. Other novelists who have fully maintained their reputations are Mr. Stewart White with “The Forest,” Charles Major in “A Forest Hearth,’ and Mrs. Wharton in ‘“ The Sanctuary.” Of the older hands, I remark that Kate Douglas Wiggin figures among the big sellers with her “Rebecca of Sunnybrook Farm.” Mr. Marion Crawford has written another story of Roman life ; and Mr. Howells, in “Letters Home,” has handled with great skill the difficult instrument of epistolary fiction. é A slight but well-nigh perfect piece of work is Miss Alice Brown’s ‘‘ Judgment,” in which justice and mercy in the person of a husband and wife are most artistically contrasted; and a word of praise should be given to Mrs. Tilia W. Peattie’s pretty collection of tales called ‘“‘ The Edge of Things.” We pass to more solid literature, after remarking that Mormonism has found a novelist in the author of “The Spenders,” who has dealt with the subject in his “Lions of the Lord”; and the multi- millionaire his exposer in Mr. David Graham Phillips, whose “Master Rogue” is to be com- mended to the perusal of anyone in danger of becoming one. In biographical publications this fall has been rather prolific. The two outstanding books in this department have been, of course, the posthumous recollections of Richard Henry Stoddard and the autobiography of Senator Hoar ; but there are others scarcely inferior to them in interest. Stoddard, whose work was finished for him by Mr. Ripley Hitchcock, and introduced by his life-long friend, Edmund Clarence Stedman, has something interest- ing to say of most of his literary contemporaries, not a few of whom he knew intimately. Lowell, Bryant, Poe, N. P. Willis, and especially Bayard Taylor, the translator of “ Faust,” are celebrities who cross his pages ; but probably the chief interest of them lies in the account of his own boyhood and early struggles. Senator Hoar’s “ Autobiography of Seventy Years” covers a somewhat similar period in the political world. The eminent Republican was at Harvard under Channing, made his first public speech, in 1850, at Worcester, Mass., as a substitute 93 for Judge Allen, and in 1880 presided over the party convention at which Garfield was nominated for the Presidency. A great admirer of Grant, he gives a pointed description of his unconciliatory manners. Always a strong partisan, he explains to his readers that he has never given a vote against his conscience and justifies his adhesion to Imperialism. Searcely less important than the works I have just glanced at is General John B. Gordon’s “‘ Reminiscences of the Civil War,” which presents various aspects of the great struggle from the Confederate view-point, but in a thoroughly im- partial spirit and in a most entertaining, simple style. The writer held important commands at the first battle of Bull Run, at Antietam, and Gettysburg ; was largely responsible for the sur- prise at Cedar Creek; and was with Lee in the last despairing efforts of the South. The General thinks that the war strengthened the American character ; and his geniality pervades a book which is equally instructive and amusing, abounding, as it does, in good stories. “My Own Story, with Recollections of Noted Persons,” by John Townsend Trowbridge, contains anecdotes of some of the great New England writers, such as Holmes, Emerson, Bronson Alcott, and Walt Whitman, and some curious evidence as to the undoubted influence of the Concord sage upon the author of ‘“ Leaves of Grass.” Not the least remarkable of autobiographic works is Miss Helen Keller’s story of her wonder- ful education, partly told in her own words, partly in those of the gifted teacher whose genius and patience enabled her, with her imperfect senses, to stand at least on a level with normally-endowed mortals. In this connection it may also be men- tioned that the daughters of Dr. Howe, the famous teacher of the blind and deaf mutes, have recently published an account of how he educated Laura Bridgman. Another book has been written upon Thomas Jefferson ; and a personage nearer our own day, Henry Ward Beecher, has found a biographer in Dr. Lyman Abbott. An admirable survey of American literature appeared early in the fall from the pen of Professor William P. Trent. “American Tariff Controversies,” by Edward Stanwood, is a work which will, no doubt, be studied by others besides the author’s countrymen. It merits attention from the thorough and com- prehensive manner in which the subject is treated. Consternation must have been experienced in some quarters after the perusal of a little book with the seemingly harmless title of “The Home: its Work and Influence”; for the author, Mrs. Charlotte Perkins Gilman, has dared to belittle 94 the domestic virtues, to maintain that cooking should not be done at home, and to brand with the fearful accusation of arrogance the mother who undertakes the sole training of her own child. The veteran author, Thomas Bailey Aldrich, has given fresh delight to the reading public by his quaintly - named “Ponkapog Papers”; and Mark Twain has republished in a revised form that ancient favourite “The Jumping Frog.” Mr. Clemens has also been turning his attention to those tiresome people, the votaries of “ Christian Science.” ‘A new science, called “ Anthropo-Geography,” would seem to have arisen, and its first American exponent is Miss Ellen Semple in her “ American History and its Geographic Conditions.” In the purely historical field we have had two new books on the Civil War, the one by Mr. Birk- beck Wood and Colonel Edwards, the other by Dr. Guy Carleton Lee, in addition to E. Benjamin Andrews’s supplement to his “ History of the last Quarter Century.” A highly interesting work, which takes us some considerable way further back, is Thomas A. Jan- vier’s “The Dutch Founding of New York.” Reuben Gold Thwaites has done good service by his careful editing of a reprint of Father Louis Hennequin’s “ New Discovery” (1698) ; and he is now engaged upon an edition of the “ Original Journals of Lewis and Clark.” He has also pub- lished a volume of historical essays in western history. a. Three new volumes of the extensive work of Emma Helen Blair and James Alex Robertson upon the “Philippine Islands” have appeared ; and Arthur Howard Noll has written more upon the history of Mexico. Mr. Francis Johnson’s compilation, “ Famous Assassinations of History,” ranges from Philip of Macedon to the late King and Queen of Servia, and is a veritable bath of international gore. - Among curious nondescript works I notice the anonymous “ Wanted—A Wife,” by “ A Bachelor,” just issued by Daniel V. Wien, of New York.” It is not surprising to learn that two editions of this were quickly disposed of. The Poe revival still continues. The latest evidence is Mr. Sherwin Cody’s critical edition executed for A. C. McClurg & Co. Some unpublished extracts from Emerson’s private journals are to see the light in the Atlantic Monthly during next year. They will be welcome, though one has heard a great deal of the philosopher-poet of late. But it is really to be hoped that the last has now been heard of Mistress Margaret Fuller and her egregious love-letters. Two meritorious contributions to philosophical THE AUTHOR. study have appeared in America during the past year. Dr. William Turner’s “History of Philo- sophy” comes from Boston; Mr. Arthur Stone Dewing’s more popular “ Introduction to the History of Modern Philosophy ” from Philadelphia. Pro- fessor J. Laurence Laughlin has issued a first instalment of the extensive work which he con- templates upon the “Principles of Money.” He is a strenuous upholder of the policy of adherence to a gold standard. He has evolved a new theory- of credit. Other economical works which may be of interest to students are Miss Breckridge’s “Legal Tender” and Professor William A. Scott’s “Money and Banking.” Photogravure portraits of the Presidents adorn the new edition which Messrs. Harper are bringing out of President Woodrow Wilson’s ‘‘ History of the American People.” Our obituary list is neither long nor important. It contains the names of Colonel Richard Henry Savage, best known as the author of “ My Official Wife,” who just lived to see in print his last book, “Monte Christo in Khaki”; of Mrs. Elizabeth Cherry Waltz, a hard-working journalist who wrote the humorous “ Pa Gladden” stories; of General Edward McGrady, the historian of South Carolina ; and of James Robert Gilmore, founder of the Con- tinental Monthly, editor of the ‘Cyclopedia of American Biography,” and author of several novels of Southern life published under the pseudonym “ Edmund Kirke.” The last was a personal friend of Lincoln and Greeley, as well as the intimate of Longfellow and Holmes. PARIS NOTES. 1 HE Academy prizes were distributed at the fe annual meeting at the close of the year. A prize for his poem on “ Victor Hugo ” was awarded to M. Depont. The Toirac prize fell to M. Donnay for his play, “L’Autre Danger.” Madame Bentzon received the Née prize, and M. Boissier spoke in the highest terms of her work, and at the same time indulged in a side-thrust at certain novels which have recently been published. “On ge souvient,’’ he said, “ que sa réputation a commence par des romans qui ont eu ce privilege rare d’obtenir un grand succés, sans rien cotter a la dignité de son caractere. . . . Le prix Née, que nous donnons 2 Mme. Béntzon, nous |’avions décerné, il y a deux ans, 8 Mme. Arvéde Barine. L’ Académie a tenu a rapprocher ces deux poms: ils sont l’honneur des femmes de France. Ils mon-  THE AUTHOR. trent, une fois de plus, qu en littérature il n’y a pas de privilége pour un sexe, et qu’une femme, quia du talent, n’a pas besoin de se mettre en révolte, de former des ligues et de s’armer en guerre contre la société pour obtenir la renommée, quand elle la mérite.” M. Boissier spoke highly of the novels by Henry Bordeaux, Claude Ferval, Plessis, Yunga, Moreau, and de Comminges. He then mentioned the authors of various works of education, history and biography, terminating with M. Pierre de Nolhac, who received the Gobert prize for his admirable series of works on Versailles and its historical personages. France is the country par excellence where art and literature are appreciated and encouraged. After the Academy prizes came those awarded annually by the Société des Gens de Lettres to talented writers. Among the names of the authors to whom this year’s prizes have been given are: MM. Camille Lemonnier, Georges d’Esparbes, Louis de Robert, Junka, Dalsem, Champol and Pascal. Women writers also come in for their share of the awards. Mme. Brada, Mme. de Peyrebrune, Mlle. Maugeret and Mme Lafon, have received prizes varying from £20 to £12. Some excellent articles have appeared in many of the French reviews and papers on Herbert Spencer, who was greatly appreciated in France. In a book recently published by M. Gabriel Compayré there are some interesting pages on the life and works of Spencer. A French journalist in London, writing to one of the principal papers here, was struck with the evident lack of appreciation of the great philosopher in England. He says that ninety-nine out of every hundred of Herbert Spencer’s compatriots ignore not only the works of the great man who has just passed away, but even his name. He goes on to say that it is one of the characteristics of the English people that they are not attracted by the works of their greatest writers, their greatest thinkers and their greatest savants. The first book published by M. René Bazin, since his election to the Academy, is entitled “Récits de la Plaine et de la Montagne.” Itis a most charming description of travels in various countries, with anecdotes and stories which add greatly to the interest of the volume. There are chapters entitled : “Journal de Route au bord du Rhone” ; “Une Excursion de Chasse en Hol- lande”; “Histoire de Dindons”; “ Dans la banlieue de Londres”; “ Le Palefrenier du Prince de Galles” ; “ Un Village de Savoie” ; “ La Forét de Méria”; “La Vallée d’Aoste” and “Le Registre d’un Ouré.” A book by M. André Fontaine, entitled “ Con- 95 férences inédites de |’ Académie Royale de Pein- ture et de Sculpture,” is well worth reading. In the days of Colbert, lectures were given by the French Academicians on the merits and faults of celebrated pictures. Discussions were held on subjects connected with art, for the benefit of the students of the Ecole des Beaux Arts, the other Academicians and artists generally. M. Fontaine has collected some of these lectures and published a volume of them. The most interesting are those by de Champaigne and Le Brun, on the question of the primary importance of drawing or colour in a picture. There are others on the merits and faults of many celebrated pictures by Raphael, Titien, Poussin and other artists. “ Mélanges de Littérature et d’Histoire ” is the title of a most entertaining book by M. A. Gazier, on various subjects. Among other articles there is one on Pascal and Mile. de Roannés, another on the Abbé de Prades, and a letter from Voltaire giving some interesting details about his sojourn and his private affairs at Potsdam. There is also an account, which reads like a novel, of an extraordinary woman who lived alone for several years in the mountains of the Pyrenees. She belonged to a noble family, but at the age of fifteen, to avoid marrying, escaped from her own people and lived as a servant. There are other interesting studies in the volume on the subject of Moliére, and the probability that the Prince de Conti served as the model for “Tartuffe.” Among the new books are “ Le Second Rang du Collier,’ by Mme. Judith Gautier; “ Caglios- tro,” by M. d’Alméras ; “ Propos Littéraires,” by M. Faguet ; “ L’Empire du Milieu,” by Elisée et Onésime Reclus, and among the illustrated books specially intended for New Year’s gifts are “T’Epopée Biblique,” with fifty engravings from Gustave Doré’s works; “ La Lune Rousse,” by Champol ; “ L’Année frangaise: Un héros par jour,” by Ponsonailhe ; “ Aux pays de la Priére,” by Henri Guerlin, and “La vieille France qui s’en va,” by Charles Géniaux. A book which should be specially interesting to the English has just been written by M. Henry d’Allemagne. ‘The title is “Sports et Jeux d’adresse,” and all games and sports are traced to their origin, with a series of coloured illustrations to show the modifications our present games have undergone. The question is once more being raised whether actors shall be admitted as Academicians to the Institute of France. M. Mounet Sully, by presenting himself for election, opens a debate which will be followed everywhere with the keenest interest.  96 “Le Retour de Jérusalem” is one of the finest pieces that M. Maurice Donnay has written. The idea upon which the play appears to be based is that there exists between the Jewish and the Aryan races a gulf which cannot be bridged over, and that any attempt to unite them must prove a failure. oe In this play Michel Aubier is a Christian, and Judith de Chouzay a Jewess, who has adopted the Catholic religion in order to marry the Viscount de Chouzay. Michel, too, is married, but imagin- ing that they are in love with each other, he and Judith leave their respective homes in order to unite their destinies. They discover, when too late, their mistake. Their ideas, their principles and their habits are so totally different that in the end they decide to separate. Such in brief is the piece, which as a psychological study is most fascinating. The dialogue is brilliant, as in all M. Donnay’s plays, and the character of Michel an excellent portrait of the modern Frenchman. Mme. Le Bargy, M. Dumény, and Mlle. Mégard interpret their réles to perfection. The first night of M. Sardou’s new play “La Sorciére,’ has been one of the great theatrical events of the month. At the close of the dress rehearsal, Madame Sarah Bernhardt received an ovation, and many of the principal artistes and dramatic authors came forward to offer their congratulations. It is with the greatest pleasure that everyone sees M. Bour at last in a suitable theatre. The piece he is now giving, “Cadet Roussel,” by M. Jacques Richepin, is, thanks to his excellent interpretation, so great a success that M. Bour has been compelled to move to the Porte St. Martin. Some two years ago, in the famous play “ Alleluia,” M. Bour made his mark, and with a small company of artistes started the International Thédtre for the production of plays from all languages. In every piece M. Bour had great success, and his removal to a larger theatre, on the Boulevards, will probably make him a formidable rival for M. Antoine. La Renaissance Latine has some very interesting articles in the December number. Among others: “« Les Idées littéraires de Nietzsche,” by M. Emile Faguet ; some letters to the “Bon Ange,” from Mirabeau; “ L’Esprit romain et l’Art francais,” by M. Mauclair, and “La Crise méridionale en Italie.” Anys HALLARD. THE AUTHOR. THE CONTRACT OF BAILMENT. © — TYNHE point which “ G. H. T.” has raised, under the above heading, in the December number of The Author, is of great practical interest to authors, editors, and publishers; and it is eminently desirable that it should be settled. “G. H.T.” has put the author’s view. Leaving the publisher to speak for himself, I propose to say a word on behalf of the editor, merely premising that, being myself, in a humble way, also a writer, I have no bias against the author’s just claims. “q. H. T.’s” arguments are cautiously worded, as becomes one in his responsible position. But I think it fair to assume, that he regards an editor to whom unsolicited MSS. are sent, in the course of post or by mere messenger, as responsible for the safety, perhaps even for the return, of the MSS. ; and this, whether or not the editor has given public notice disclaiming such responsibility. In the nature of things, such notice must be indirect ; it is clearly impossible for an editor to serve per- sonal notice on every inhabitant of the British Isles, nor would it, I think, be contended, by any serious advocate, that he is bound to spend money in advertising his intentions in the Press. It seems to me that “G. H. T.’s” argument is, to begin with, seriously damaged by the very title with which he heads his article. As he justly asserts, bailment is, or at least implies, a contract. Now a contract, in every system of law with which I am acquainted —certainly in English law— requires the co-operation of at least two persons. One person cannot make a contract ; there must be the mutual consent of two minds. If I throw a book in at a man’s window, my act may be a trespass ; it certainly cannot, of itself, constitute a contract—of bailment or anything else. The most favourable interpretation that can be put upon it is, that it is an offer to sell or lend the book, which the person into whose house it is thrown may or may not accept, at his option. This construction has been put by Courts of Justice, over and over again, on the act of leaving unsolicited goods at a house ; and scathing remarks have been made by judges upon those enterprising persons who have tried to found a legal claim on such proceedings. “GQ, H. T.” seems, therefore, to me, to miss a vital point when he says that the question is: “Is an MS. sent in for the benefit of both parties or not?” It is not sufficient that the MS. should be sent for the benefit of both parties; it must also be accepted for the benefit of both parties. And I think that “G@. H. T.” would not care to argue, that the mere fact of opening an envelope containing an MS. is an acceptance. How can the person to whom a sealed envelope is addressed  THE AUTHOR. possibly tell the nature of its contents, until he opens it? It may contain an article which he has commissioned, and is anxiously expecting. The difference between mere receipt and acceptance is well known to all lawyers, certainly to “G. H. ie himself. But I gather that “G. H. T.” proposes to get over this difficulty by the bold argument, that the mere founding of a periodical constitutes, in law, an offer to accept for consideration any article which any one may choose to send in. Some editors do, undoubtedly, make this offer, in express terms, qualified, however, as a rule, by a disavowal of liability. Whether such a disavowal would be deemed legally inconsistent with the general offer, is a point which I do not care to argue. My point is, that when no such offer is made by an editor, & fortiori, when an_ editor expressly warns con- tributors against sending him their MSS. without previous communication, no such offer can be implied from the mere founding of the periodical. An impresario who opens a theatre does not, surely, undertake to give every actor who offers his services a trial ; the proprietor of a private picture gallery does not offer to admit, or even to examine, the work of every artist who chooses to send in a picture. If the theatre or the gallery were public property, maintained by the State or by public subscription, the case might be different. Ifthe claim of contract be untenable, “G. HLT s? argument comes to this : that there is a duty upon an editor, simply as such, or, as the jurist would say, a duty m rem, to accept for consideration every MS. sent to him. This is also a startling argument. Duties in rem are familiar to our law ; but it is a well-known principle, that such duties are of a negative character only—v.e., they are duties to abstain from doing acts which may result in harm or damage to the public or one’s neigh- pours. Duties in rem of a positive character— ie., to do some act at the request of all and sundry, or at peril of responsibility, arise only from the express provisions of statute law; and I do not recollect any Act of Parliament which imposes upon editors the duty of reading and returning, or of safeguarding, unsolicited MSS. The only exception to this rule which is known to me, is the duty cast upon a man who harbours dangerous substances, or embarks upon an under- * taking peculiarly likely to cause harm, to take all precautions against the happening of such harm. But I do not think that “G. H. T.” would be cynic enough to urge that the founding of a periodical was an undertaking of such a nature, To descend from purely legal argument to the argument from common sense. Ts it unreasonable to expect that an author, or his literary agent, should make himself personally acquainted. with 97 the contents of a periodical to which he proposes to contribute? If he neglects to do so, how can he possibly tell whether his proposed contribution is likely to be at all suitable in matter, style, or length ? Is not an editor entitled to resent such neglect as savouring of contempt, or, at least, of laziness, and indifference to the claims upon his time? Is he bound to pay a clerk for the express purpose of returning MSS. which are utterly unsuit- able for his pages? What would be thought of the man who wrote to the curator of a library: “ Herewith I send you a highly intelligent monkey. If he is not suitable for your shelves, kindly give him a carefully selected meal, and despatch him by the 9.55 to Norwich, carriage paid” ? Would not the librarian be entitled to regard the sender of the monkey as a troublesome lunatic? If the author, and, still more, the literary agent—who is supposed to be a man of business—does not take the trouble to acquaint himself with the conditions on which alone the editor has expressed himself as willing to treat, he has but himself to thank if the busy editor regards him as a nuisance. In conclusion, I may venture to doubt whether the periodical which is fed entirely, or almost entirely, by commissioned articles, is not already more common than “G. H. T.” is inclined to allow, and whether it is not likely to be still more common in the future. An organ founded for a definite purpose, (widely announced in the Press), drawing its financial support from people interested in that purpose, and relying on an organised staff, can hardly win success by any other means. Nor am I prepared to admit, that such an organ is any less worthy a product of the Republic of Letters than the miscellany which aims merely at the amusement of the leisure hour, An EDITOR. ———__+ + LITERARY, DRAMATIC, AND MUSICAL PROPERTY. + English “Serials” in the American Market. CORRESPONDENT tells us that “serials” which have appeared in England, and are copyright both in England and the United States, even in the journals generally conceded to buy the best class of serial fiction, do not command good prices in the United States market. £50 is a very outside price, and £30 is considered a price above the average, the general price being £15 to £20 for the serial use of from 80,000 to 100,000 words, The truth is that the market is severely limited, owing to the fact that most of the United States publishers, who go in for this kind of work,  98 prefer to furbish up and bring up to date, with the aid of cheap literary hacks, serials which appeared years ago, and present them, thus “ modernised,” as new stories to their readers. If this processshould continue, in the year 2000 the curious may be able to discover in United States fiction ‘“ Ivanhoe,” “Vanity Fair,” or “Oliver Twist,” in distorted form, altered and arranged to suit the decadent palate of the future American. Comment on this sort of action is superfluous. a So oe. MAGAZINE CONTENTS. ——+~<— — BLACKWOOD’s MAGAZINE. John Chilcote, M.P. By Katherine Cecil Thurston. A Nation at Play: The Peril of Games. Silk o’ the Kine: A Tale of the Isles. By Alfred Noyes. The Trader of Last Notch. By Perceval Gibbon. To. the “Whole Hog”: An Allegorical Ode. By Dum-Dum. Some Big Lost Norway Salmon. By Gilfrid W. Hartley. “Sally”: A Study. By Hugh Clifford, C.M.G. Heraldry. The Appearances at the Black Knoll. Herbert Spencer : A Portrait. A Turkish Farm. The Military Book-shelf. Richard Cobden. Musings without Method. The Earl of Stair. THE CORNHILL MAGAZINE. The Sea-Born Man. By Mrs. Woods. The Truants (Chapters i.—iii.). By A. E. W. Mason. Charles Dickens and the Guild of Literature and Art. By the late Sir John R. Robinson. Colonial Memories: Old New Zealand, Il. By Lady Broome. No. 10 Downing Street. By the Right Hon. Sir Algernon West, G.C.B. Blackstick Papers, No, 8. By Mrs, Richmond Ritchie. Alms for Oblivion. By Richard Garnett, C.B., LL.D. Theodore Hook. By Viscount St. Cyres. In a Viceregal City. By Mrs, Archibald Little, Historical Mysteries (1.). The Mystery of Kaspar Hauser, the Child of Europe. By Andrew Lang. A Nineteenth Century Philosopher. By F. J. H. Darton. The Young Fisher. By Stephen Gwynn. The Ingenuity of Mr. Clinton Bathurst. By T. Baron Russell. LONGMAN’S MAGAZINE, Nature’s Comedian :(Chapters xiii., xiv.). By W. E. Norris. Marine Steam Turbines. By Robert Cromie. The King’s Nose. By Margaret Armour. Some Scouts—but not Scouting. By Captain A. 0, ‘Vaughan. Lament for Fionavar. By Eva Gore-Booth. Humours of Eastern Travel. By Louisa Jebb. The Brown Puppy. By Ellen Ada Smith. Rahel Varnhagen : The German Sibyl of the Nineteenth Century. By Mary Hargrave. At the Sign of the Ship. By Andrew Lang. THE AUTHOR. PALL MALL MAGAZINE, The Children of the Potteries. By the Duchess of Sutherland. The Sensations and Emotions of Aerial Navigation. By A. Santos Dumont. The Guest of the Admiral: The Mediterranean Fleet at Home. By Arnold White. An Episode in a Country House: A Story. By Frances Harrod (Frances Forbes Robertson). A Song. By Lady Lily Greene. On the Trail of the Opal. By P. F. 8. Spence (Alex- ander Macdonald). The Lady and the Property: A Story. ByMarie van Vorst. Literary Geography : The Bronté Country. By William Sharp. A Matter of Honour: A Story. By R. Neish. The Queen’s Quair: Book II., Chapters V., VI. By Maurice Hewlett. Master Workers : X. Sir Oliver Lodge. With portraits. By Harold Begbie. Captives: A Poem. By V. V. The Wilderness: A Story. By H. B. Marriott-Watson. The Vineyard: Chapters XVIII, XIX. By John Oliver Hobbes (Mrs. Craigie). Benjamin’s Mess: A Story. By Eden Phillpotts. Sunrise: A Poem. By E, Nesbit. The Round Table :—A Famous Doctor and his Friends. By Ernest Rhys. Nursery Pictures: ‘Little Jack Horner.” By S. H. Sime. A Critic Criticised: Mr, Sidney Lee and the Baconians. By G. Stronach. The Month in Caricature. By G. R. H. THE WORLD’S WorRK. The March of Events: An Illustrated Editorial Record and Comment. The Old Year. The Fiscal Battlefield, A Step in Civilisation. Another Little War ? ; Radium and the Beginnings of Matter. The Fiscal Issue Joined. By J. St. Loe Strachey (Editor of the Spectator). Motorists under the New Act. By Henry Norman, M.P. A British Industry Really Ruined. By Edwin Sharpe Grew. Producing a Pantomime. (Illustrated.) A Modern London, Office Building. (illustrated.) Milking Cows by Electricity. (Illustrated.) The Steam Turbine. (Illustrated.) By Robert Cromie and Frederick E. Rebbeck, The. Pressing Question of our Canals. By Edwin Clements. The Working of a London Bank. By J. E. Woolacott. The Lady Chef. The Wonders of Modern Surgery. (illustrated.) By C. W. Saleeby, M.B., Ch. B. Three New Schools. (Illustrated.) By Eustace Miles, M.A. Scientific Pheasant Farming. (lllustrated.) By W. Bovill. The Work of a Japanese Craftsman, (lllustrated.) By . Herbert G. Ponting. Municipal Loans for Small Investors. (Illustrated.). By Edouard Charles. British Trade with France. The Derwent Valley Waterworks. The Making of an American Newspaper. The World of Women’s Work. _ Fresh Eggs and Poultry. illustrated.) “Home Counties.” The Work of the Book World. Among the World’s Workers : A Record of Industry.  THE AUTHOR. WARNINGS TO THE PRODUCERS OF BOOKS. —— + ERE are a few standing rules to be observed in an agreement. There are four methods of dealing with literary property :— I. Selling it Outright. This is sometimes satisfactory, if a proper price can be oltained. But the transaction should be managed by a competent agent, or with the advice of the Secretary of the Society. II. A Profit-Sharing Agreement (a bad form of agreement). In this case the following rules should be attended to: C1.) Not to sign any agreement in which the cost of pro- duction forms a part without the strictest investigation. (2.) Not to give the publisher the power of putting the profits into his own pocket by charging for advertisements in his own organs, or by charging exchange advertise- ments. Therefore keep control of the advertisements. (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 ! Ill. The Royalty System. This is perhaps, with certain limitations, the best form of agreement. It is above all things necessary to know what the proposed royalty means to both sides. It isnow possible for an author to ascertain approximately the truth. From time to time very important figures connected with royalties are published in Zhe Author. IY. A Commission Agreement. The main points are :— (1.) Be careful to obtain a fair cost of production. (2.) Keep control of the advertisements. (3.) Keep control of the sale price of the book. General. All other forms of agreement are combinations of the four above mentioned. Such combinations are generally disastrous to the author, Never sign any agreement without competent advice from ‘the Secretary of the Society. Stamp all agreements with the Inland Revenue stamp. Avoid agreements by letter if possible. The main points which the Society has always demanded from the outset are :— (1.) That both sides shall know what an agreement means. (2.) The inspection of those account books which belong fo 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.) Always avoid a transfer of copyright. ————_+—~>» WARNINGS TO DRAMATIC AUTHORS. ———9 “AT EVER sign an agreement without submitting it to the Secretary of the Society of Authors or some com- petent legal authority, 2. {t is well to be extremely careful in negotiating for the production of a play with anyone except an established manager, 99 3. There are three forms of dramatic contract for plays in three or more acts :— (a.) Sale outright of the performing right. This is unsatisfactory. An author who enters into such a contract should stipulate in the contract for production of the piece by a certain date and for proper publicatioa of his name on the play-bills. (4.) Sale of performing right or of a licence to perform on the basis of percentages on gross receipts. Percentages vary between 5 and 15 per cent. An author should obtain a percentage on the sliding scale of gross receipts in preference to the American system. Should obtain a sum in advance of percentages. A fixed date on or before which the play should be performed. (c.) Sale of performing right or of a licence to perform on the basis of royalties (i.c., fixed nightly fees). This method should be always avoided except in cases where the fees are likely to be small or difficult to collect. The other safeguards set out under heading (0.) apply also in this case, 4. Plays in one act are often sold outright, but it is better to obtain a small nightly fee if possible, and a sum paid in advance of such fees in any event. It is extremely important that the amateur rights of one-act plays should be reserved. 5. Authors should remember that performing rights can be limited, and are usually limited, by town, country, and time. This is most important. 6. Authors should not assign performing rights, but should grant a licence to perform. The legal distinction is of great importance. 7, Authors should remember that performing rights in a play are distinct from literary copyright. A manager holding the performing right or licence to perform cannot print the book of the words. 8. Never forget that United States rights may be exceed- ingly valuable. ‘hey should never be included in English agreements without the author obtaining a substantial consideration. 9. Agreements for collaboration should be carefully drawn and executed before collaboration is commenced. 10. An author should remember that production of a play is highly speculative: that he runs a very great risk of delay and a breakdown in the fulfilment of his contract. He should therefore guard himself all the more carefully in the beginning. 11. An author must remember that the dramatic market is exceedingly limited, and that for a novice the first object is to obtain adequate publication. As these warnings must necessarily be incomplete, on account of the wide range of the subject of dramatic con- tracts, those authors desirous of further information are referred to the Secretary of the Society. oe WARNINGS TO MUSICAL COMPOSERS. to ITTLE can be added to the warnings given for the assistance of producers of books and dramatic authors. It must, however, be pointed out that, as a rule, the musical publisher demands from the musical composer a transfer of fuller rights and less liberal finan- cial terms than those obtained for literary and dramatic property. The musical composer has very often the two rights to deal with—performing right and copyright. He  100 should be especially careful therefore when entering into an agreement, and should take into particular consideration the warnings stated above. — ee HOW TO USE THE SOCIETY. + a. VERY member has a right to ask for and to receive advice upon his agreements, his choice of a pub- lisher, or any dispute arising in the conduct of his business or the administration of his property. The Secretary of the Society is a solicitor, but if there is any special reason the Secretary will refer the case to the Solicitors of the Society. Further, the Committee, if they deem it desirable, will obtain counsel’s opinion. All this without any cost to the member. 2. Remember that questions connected with copyright and publishers’ agreements do not fall within the experi- ence of ordinary solicitors. Therefore, do not scruple to use the Society. 3. Send to the Office copies of past agreements and past accounts, with a copy of the book represented. The Secretary will always be glad to have any agreements, new or old, for inspection and note. The information thus obtained may prove invaluable. 4, Before signing any agreement whatever, send the document to the Society for examination. 5, Remember always that in belonging to the Society you are fighting the battles of other writers, even if you are reaping no benefit to yourself, and that you are advancing the best interests of your calling in promoting the independence of the writer, the dramatist, the composer. 6. The Committee have now arranged for the reception of members’ agreements and their preservation in a fire- proof safe. The agreements will, of course, be regarded as confidential 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 to give advice concerning 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. Fuller particulars of the Society’s work can be obtained in the Prospectus. 7. No contract should be entered into with a literary agent without the advice of the Secretary of the Society. Members are strongly advised not to accept without careful consideration the contracts with publishers submitted to them by literary agents, and are recommended to submit them for interpretation and explanation to the Secretary of the Society. 8. Many agents neglect to stamp agreements This must be done within fourteen days of first execution. The Secretary will undertake it on behalf of members. 9. Some agents endeavour to prevent authors from referring matters to the Secretary of the Society; so do some publishers. Members can make their own deductions and act accordingly. 10. The subscription to the Society is £1 1s. per annum, or £10 10s. for life membership. THE AUTHOR. THE READING BRANCH. — ++ EMBERS will greatly assist the Society in this branch of its work by informing young writers of its existence. Their MSS. can be read and treated as a composition is treated by a coach, The term MSS. includes not only works of fiction, but poetry and dramatic works, and when it is possible, under special arrangement, technical and scientific works. The Readers are writers of competence and experience. The fee is one guinea. + 2 ——_—_ NOTICES. — HE Editor of The Author begs to remind members of the Society that, although the paper is sent to them free of charge, the cost of producing it would be a very heavy charge on the resources of the Society if a great many members did not forward to the Secretary the modest 5s. 6d. subscription for the year. Communications for Zhe Author should be addressed to the Offices of the Society, 39, Old Queen Street, Storey’s Gate, §.W., and 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 mot, are invited to communicate to the Editor any points connected with their work which it would be advisable in the general interest to publish. ————_+ + —_ Communications and letters are invited by the Editor on all subjects connected with literature, but on no other subjects whatever. Every effort will be made to return articles which cannot be accepted. — The Secretary of the Society begs to give notice that all remittances are acknowledged by return of post, and he requests members who do not receive an answer to important communications within two days to write to him without delay. All remittances should be — crossed Union Bank of London, Chancery Lane, or be sent © by registered letter only. ———__+—_+—__—_ THE LEGAL AND GENERAL LIFE ASSURANCE SOCIETY. ot N offer has been made of a special scheme of. Endowment and Whole Life Assurance, admitting of a material reduction off the ordinary premiums to members of the Society Full information can be obtained from J. P. Blake, 5 158, Leadenhall Street, E.C. Leval and General Insurance Society (City Branch), —  ae a ne THE AUTHOR. AUTHORITIES. ————— WE see in an extract from the Westminsier Gazette that the Société des Gens de Lettres has recently inherited two legacies, one of them valued at 35,000 francs, and the other, consisting of real property, estimated to produce 18,000 francs when realised. Both these legacies will go to sup- port the Pension Fund of the Société. The Société des Gens de Lettres is a wealthy society owing to the fact that it has certain rights over the works of members who belong to it, and can obtain financial support from the sale of these - rights. An arrangement of this kind would, of course, be impossible under the constitution of our Society, but no doubt, as time goes on, the capital at the back of the Society will be increased by grateful members either during their lifetime by donations or after their death by legacies, till the time will at length come when neither the Society nor the Society’s Pension Fund will need further assistance. The Société des Gens de Lettres, it is stated, has at the present time 145 pensioners, but the value of the pensions are only £12 a year, and are awarded as a matter of right to the members of the Société in order of seniority whenever funds permit. Many of the more wealthy authors who are members waive their rights to the pensions to which they are entitled. Mr. J. R. Kewry, of “ The London Directory,” has been interviewed by a correspondent of a daily paper. He made one point referring to copyright which was amusing as well as instructive. Infringement of copyright in a directory is often exceedingly hard to prove, as the facts con- tained in its pages are, as a rule, open to all parties ; and as long as anyone acting bond fide goes to the original source for information so long may he make use of that information in any way that seems fit to him. We do not refer to the question of the peculiar form in which the information may be conveyed to the public, this is another and difficult branch of copyright ; for instance, in the case of the “A. B. C. Railway Guide,” there is a certain copyright, not in the matter, but in the form. Mr. Kelly tells how on one occasion a certain merchant came to his office and said he had been asked to advertise in a new directory that was guaranteed a circulation of 15,000 copies. Mr. Kelly was naturally interested, and looked at the Copy which the merchant brought with him. 101 He referred to one name in the directory, and seeing the manner in which it had been spelt he was at once aware that the contents had been stolen from his own book, as he had himself in- vented the name and inserted it. Mr. Kelly’s firm started a prosecution and won the day, and all copies of the pirated book were ordered to be destroyed. We quote Mr. Kelly’s own words. “TI shall never forget the ferocious question put to me in cross-examination by the defendant’s counsel. ‘ What,’ he cried, ‘do you stand there, Mr. Kelly, and confess that you, a gentleman of honour and position, were actually laying a trap ?’ ‘You have to lay traps to catch vermin,’ I took the liberty of replying.” The counsel, no doubt, felt the rebuke. This calls to mind another story of copyright infringement, where the result was equally satis- factory to the real owner. We believe it occurred to Mr. Gambier Boulton, the well-known photo- grapher of wild animals, but cannot at the moment verify the statement. The hero of the story, whoever he was, had, with considerable difficulty, after watching for many days, photographed one of the lions at the Zoological Gardens in the act of yawning. On this photograph great time and trouble had been expended, and he was, in conse- quence, very proud of the result. Not long after- wards he found the photograph reproduced in a magazine, and brought an action for infringement. The magazine contributor defended the case, and stated that the photograph was original and was not a copy. The reply from the plaintiff was conclusive. “It is a curious point,” he said, “that both lions we have photographed should have had a cancer on their tongues.” The Court gave a verdict for the plaintiff. THE Nobel Prize for literature has this year been assigned to the great Norwegian author, Bjornstjerne Bjornson. There was a report current that this would be - the case, and we think the Stockholm Committee amply justified in their selection. Mr. Bjornson was born on the 8th of December, 1832, and is, therefore, now in his seventy-second year. Though a constant traveller, he spends most of his summer on a little farm which he has purchased in the heart of Norway. His works are well known in this and all English-speaking countries, and many of them have been translated. He is not only a novelist, but a dramatist and a poet.  2, 102 «Tye Amalgamated Press,” Limited, according to the papers which have given reports of the annual meeting, is in a flourishing condition. Mr. Alfred C. Harmsworth stated that the company, after writing off £25,000 for depreciation, had £266,000 to divide as dividends, and further if this is not aslip of the pen) had made a nett profit of £180,000 out of “With the Flag to Pretoria.” These figures are exceedingly interesting to all members of the profession of authorship. If the publishers have made these enormous profits, no doubt the authors employed have received their fair and just remuneration at the same time. We have much pleasure, therefore, in congratulating the author of “ With the Flag to Pretoria”? on the small fortune which he must have acquired. ————— On December 10th, in the Guildhall Library, the bust of Geoffrey Chaucer was unveiled. It was presented by Sir Recinald Hanson, and was the work of Mr. George Frampton, R.A. Many distinguished men were present, either writers or those who take an interest in literature. The ceremony of unveiling was undertaken by Dr. Furnivall, the Chaucer scholar and founder of the Chaucer Society. Mr. Alfred Austin, the Poet Laureate, seconded a resolution thanking Sir Reginald Hanson for the gift. That the work should have been placed in the Guildhall Library has a point of interest beyond the literary. Chaucer was not only a poet, but a commercial man and a diplomatist. He was despatched to Genoa in 1372 as the representative of England in order to bring about a commercial treaty with that city. The members of the Corpora- tion have therefore every reason to look upon him as one of themselves. We have much pleasure in printing on another page a_ short article referring to the sale of the MS. of “Paradise Lost,” and Mr. Sidney Lee’s letter which appeared in The Times of December 14th. ‘A matter so important to all lovers of literature cannot be too often placed before the public. It is hoped, with the help of Mr. Lee and many others who prize English literature and its connections, that it will be possible to save the MS. from being taken out of England. We feel sure that any National movement for its purchase will obtain the ready support of all Members of the Society. THE AUTHOR. SHOULD WELL-KNOWN WRITERS “FARM OUT” FICTION ? ——— From THE COMMITTEE. L the first of the notices which are regularly inserted on the first page of Zhe Author it is announced that “ For the opinions expressed in the papers that are signed or initialled the authors alone are responsible. None of the papers or paragraphs must be taken as expressing the opinion of the Committee, unless such is especially stated to be the case.” The Committee had considered, and their atten- tion has now been called by more than one member of the Society to, an article on pages 80 and 81 of the December number, signed “Proxy,” and entitled, “Should Well-known Writers ‘Farm-out’ Fiction ?” The correspondents appear to assume, Or to imagine that others might assume, that the pub- lication of this article may, in the absence of editorial comment, be taken to imply that the Committee think the view put forward in it is worthy to be taken seriously. By many readers of Zhe Author the article was regarded as an ironical jew @esprit, but it has been accepted by others as a bond fide de- fence of an existing practice, and it is undoubtedly open to this interpretation. The Committee, therefore, to avoid possible misunderstanding, feel it their duty to say that, in their opinion, such practices as are described and defended by “Proxy” are gravely discredit- able to those concerned, and constitute a gross fraud both on the publisher and the public. In thus expressing their opinion on the points raised in “ Proxy’s” article, the Committee, it may be well to add, must not be understood to condemn such forms of co-operation as are frequently resorted to in works involving extensive research, or where, in other branches of literature, the co-operation is acknowledged in such a manner that no purchaser can reasonably complain of having been misled. Tur Editor has received from Members of the Society a number of letters which would more than fill the space reserved for correspondence in the present number, commenting on “ Proxy’s” article. Having before their receipt been in- structed to insert the note from the Committee printed above, which meets most of the points raised by his correspondents, he has, with the Commitiee’s approval, refrained from publishing any selection from these letters in the current number. aeuneey THE AUTHOR. HERBERT SPENCER, 1820—1903. an ep . HE suns go swiftly out, and I see no suns to follow; nothing but a universal twilight of the semi-divinities.” So wrote Robert Louis Stevenson, apropos of the deaths of Renan, Browning, and Tennyson, and his plaint has echo among those who have sat at the feet of departed masters in scienceand philosophy—Darwin, Huxley, Spencer. For thoughts of a vanished day rather than of a coming dawn are uppermost ; thoughts restrained only by the knowledge that the influence of these teachers, men of lofty aims and unsullied life, is a part of our imperishable heritage, and that, consciously or not, we are swayed by it to further, as at our poor best we may, their high emprise. The obituary notices of Herbert Spencer have familiarised us with the outlines of his career. No eventful one, such as comes to men of action, yet full of incident in struggle bordering on the heroic, in unflinching purpose and large accomplishment. Son of a Derby schoolmaster, he was educated partly at home, partly by an uncle; then came nine years of civil engineering, with little heart in the work, and, ultimately, escape into journalism. In 1850, while sub-editing the Hconomist, Spencer published “ Social Statics,” wherein ‘“ the conditions essential to human happiness are specified, and the relation of them to a general law of development indicated.” In this last phrase the keynote of his life-work is struck. One chapter of the book contains hints of the great doctrine with which Spencer’s name is associated for all time, while throughout the book there is present the feeling that, in the words of Hume, “all sciences have a relation, greater or less, to man.” Neither in the moral nor the material sphere is their special creation. All that has been achieved, whether in discovery, invention, or speculation which research has confirmed, is the fruitage of the unhasting, unresting past. And the conception of the universe, as in some way the product of mechanical processes, is not modern. Ages before Spencer made clear to us the unity of the cosmos, there had been approaches to that supremely ennobling conception. But, save through a voice crying here and there as in a wilderness, the spirit of enquiry, born in Ionia five centuries before Christ, was stifled for two thousand years by creeds that would brook no rival and permit no ques- tioning. As late as the middle of the eighteenth century, Buffon, covertly hinting at a possible common ancestor of the horse and ass, and of the ape and man, adds, with an eye on the Sorbonne, that since scripture teaches the contrary, the thing cannot be. But the timid suggestion bore fruit in 103 the bravely enounced theories of Lamarck and Darwin’s distinguished grandfather, the poetical Lichfield doctor. A succession of workers in the fields of geology, palzeontology and biology brought a body of evidence in support of those theories which ultimately demolished the tenacious belief in the fixity of species. Among these there can in this brief paper be reference only to Von Baer, the formulator of the “ Law of Development ” manifest in the fundamental likenesses between the embryos of the higher animals and man, because Spencer tells us that, becoming acquainted with this ‘ Law ” in 1852, he at once saw its bearing on the theory adumbrated in “Social Statics.’ So far as organic evolution was concerned, the master-key to the causes of the origin of the millions of species of plants and animals was lacking, but this was to be supplied six years later by Darwin and Wallace. Thus were all things being made ready for the advent of a man with the penetrating insight of genius, and with the saving and indispensable sense of relation, who should, by his skill in syn- thesis, demonstrate the interaction, unity and con- tinuity of all phenomena, and their subservience to one process which, if it operates anywhere, operates everywhere—the process known as Evolu- tion. In the fulness of time he came. He had bad health ; he was poor ; he was almost unknown, therefore little heeded. In January, 1858, six months before the meeting of the Linnean Society at which Darwin and Wallace’s memorable paper “On the Perpetuation of Varieties and Species by Natural Selection” was read, Spencer wrote out his scheme of the ‘Synthetic Philosophy ” which, it is interesting to note, was submitted to his father for comment. In 1860 the prospectus of the pro- posed series of volumes was issued, and secured a sufficient response from friends to warrant a venture whose risks Spencer could not afford to run unaided. Not till he was forty did he sce the inception of a plan which he had nurtured when writing in his twenty-second year a series of letters on “The Proper Sphere of Government’”’ in the Nonconformist. The Synthetic Philosophy comprehended all phenomena in this formula: ‘ Evolution is an integration of matter and concomitant dissipation of motion during which the matter passes from an indefinite, incoherent homogeneity to a definite, coherent heterogeneity, and during which the retained motion undergoes a parallel transforma- tion.” The method followed is the inductive, the established premise being the “persistence of force ” involving endless cycles of ceaseless change, resulting in redistribution of matter and motion, whereby adyance is made from the like to the unlike, from the simple to the complex; for example, the vapours and unstable stuff of the  104 universe slowly condensing into sun and solar systems, life emerging on our planet (of which alone we have knowledge) along physical and psychical stages till the transcendent genius of man appears. Postulating the inscrutableness of the Power which underlies all phenomena, and ever quickening the sense of wonder begotten by the stupendous spectacle of evolution and dissolu- tion, Spencer advanced along the lines of his great argument, from statements of the general in «First Principles” to application of the special in the “ Principles of Biology,” with its details of development of plants and animals ; in the “Principles of Psychology,” wherein the story passes from life to mind in the development of gelf-consciousness from blurred, undetermined feel- ing in the lowest responsive organism ; and finally, in the “ Principles of Sociology,” wherein is traced the evolution of family, tribal and allied relations, of religion and its ceremonies, of politics and institutions—in brief, of all the apparatus of human life, individual and collective, with large insistence on the basis of ethics as not supernatural, but social. So we have, first, the imorgantc, or evolution of the not-living ; second, the organic, or evolution of the living ; (Spencer sees in mind and matter only “two phases of one cosmical pro- cess”); and third, the superorganic, or evolution into social groups, with their institutions, beliefs, and customs. No break in the series is recognised ; the keynotes of evolution are unity and continuity. Science knows no finality ; but, recognising that revisions here and there will be needed as know- ledge advances, it is difficult to believe that the main structure raised by the genius of Spencer will not abide. It was his rare privilege to see in old age the fulfilment of the plan of his early manhood, and whatever of impermanence may attach to his work, his place as one of the greatest of the world’s master-builders in the intellectual and spiritual domain is secure. A concluding word or two about Spencer’s style and personality. The one has been called cumbersome, lacking in ease and grace ; but massive thought demands dignified, masculine diction, and the careful reader will quickly find that in clearness and definiteness the style is perfectly adapted to the subject-matter. In some of the minor works, notably those on “Education” and the delightful “Study of Sociology,” we find abundance of felicitous and familiar illustration. As for the man, his carefully- guarded health led to some degree of fussiness and fidgetiness, while a certain aloofness kept company with a frigid manner under which, nevertheless, there beat a kindly heart, ever moved by the needs and troubles of his friends. Tt was in 1894 that our Society had the dis- tinction of adding to its member-roll the name of THE AUTHOR. a man to whom all titular dignities were repellent, and whose adhesion to any movement was never given without deliberation. EDWARD CLODD. <> —______ THE MS. OF MILTON’S “ PARADISE LOST.” ——>—— R. SIDNEY LEE sent to The Times a letter on this subject which appeared on Dec. 14. We reprint his communication with some slight changes and omissions which we have his authority for making. Mr. Lee wrote :—“ It is to be hoped that every one who has the reputation of this country at heart and is in a position to bring influence to bear on its rulers will take note of Mr. Churton Collins’ warning and spare no endeavour to prevent the passing into ownership beyond the seas of the original MS. press copy of the First Book of Milton’s ‘ Paradise Lost.’ The peril is very real. Unless strenuous efforts be made, the chances against the keeping of the document at home are overwhelming. If no public pressure be exerted, there is an obvious likelihood that this literary treasure will follow the recent fortunes of the only known copies of the original edition of Malory’s ‘Le Morte d’Arthur’ and of many another of our early literary masterpieces, and henceforth adorn the private library of some American citizen of wealth and enterprise.” “The occasion demands exceptional exertion. The nation’s prestige owes an immense debt to its literary achievements, and to no literary achieve- ment (save to Shakespeare’s greatest tragedies) does it owe more than to Milton’s ‘ Paradise Lost.’ No autograph MS. of the poem has ever existed, for Milton in his blindness was not able to write, but the copy which he sent to the licenser for the press with his own characteristic corrections of the spelling is the nearest possible approach to his original MS. This MS. of a portion of Milton’s epic is, in effect, one of the nation’s title-deeds to poetic and intellectual renown. Is it unreasonable to expect that the Government will recognise its obligation, now that the opportunity presents itself, to convert this national title-deed to fame into a national heirloom, and secure it in perpetuity for the British Museum ?” “ Experience does not admit of doubt as to the answer that, were similar circumstances to arise in foreign countries, this question would receive from foreign Governments. It is difficult to believe that, with so potent an incentive to action as is offered by the forthcoming sale, the Treasury will hesitate to provide the necessary increase of grant  THE AUTHOR. whereby the national library may become the final home of Milton’s MS.” “The sale is announced to take place ‘early in the spring.’ Apparently, no precise day has yet been fixed. The Trustees of the British Museum and other public bodies will thus have time wherein to approach the Government, and learn their intentions. Probably, to meet all eventu- alities, it would be safest at once to form privately a guarantee fund, whose members would undertake, in the case of the failure of an application to the Government, to defray the cost of securing the MS. for the British Museum. Disclosure of details as to the amount likely to be required would defeat the purpose of the fund.” The owner of the MS. has just announced through the auctioneers that he will dispose of it to the highest bidder at public auction on January 25th. A scholarly account of the textual interest attaching to the MS. appeared in The Times Literary Supplement of Dec. 18th. Some news- paper correspondents may have attached an unduly high value to the MS., but the opposing statement made by Dr. Furnivall in The Times of Dec. 19th, that it is a valueless scrivener’s copy, is incorrect. No extravagant sum ought to be offered for the document, because it is not an author’s autograph MS. But it is eminently desirable that every attempt should be made to secure it for the national collection. We should be glad to hear from any who would co-operate in efforts in that direction. —————— A NEW BOOK ON COPYRIGHT. —_— E have read with interest a little book just V published by A. H. Bullen, entitled “ Copyright Law,” by Henry A. Hinkson. The book is a very small one to deal with so large and difficult a subject. In this point lies its main fault, It is written clearly and plainly with- out any unnecessary legal argument, and is mainly a statement of the facts and the results of the working of the law. So far the book is admirable. The faults are very few and far between and the blunders slight. It is a matter of some doubt whether a little knowledge is not in the case of copyright a dangerous thing, and whether a text book for the young author and young writer is not more likely to lead him into difficulties than to improve his knowledge of how to deal with his property. We must, however, thank Mr. Hinkson for his well-endeavoured effort and congratulate him on the result. 105 Without desiring to be hypercritical, it is necessary to draw attention to one or two small errors. For instance, on page 49, when dealing with the 18th Section—that most difficult of all Sections —the author states that after twenty-eight years the copyright reverts to the author. This state- ment is, of course, incorrect, the words of the Act being “the right of publishing in separate form shall revert to the author.” Now the right of publication and the copyright are two distinct things, and the legal distinction cannot be too accurately maintained or too frequently insisted upon. When dealing with International Copyright he includes Montenegro among the Signatories to the Berne Convention. Though Montenegro was origin- ally a Signatory, she has since withdrawn. With regard to Artistic Copyright he again falls into error. He states: “‘ Before publication the pro- prietor has a common law right in his picture engraving or drawing,” and seems to draw the deduction that copyright runs from the publica- tion of the “picture engraving or drawing.” If he studies the Act more closely and the books which have been written endeavouring to explain that Act, he will see that the copyright in a “picture engraving or drawing” begins on the making thereof and not from the publication. This is one of the difficult points in the Artistic as distinct from the Literary Copyright Law. However, the book is accurately and carefully written, and so far as it is possible for any legal copyright amateur to gain satisfaction from a small work, so far will he be able to derive assistance from Mr. Hinkson’s “Copyright Law.” A NOVELIST ON HIS ART.* —_ T is always a melancholy task to criticise the i work of a man of great talent who has died before the full fruition of his gift, and the melancholy is deepened when the work in question is not of such a kind as to deserve unrestricted praise. No one, I think, even of those to whom his peculiar powers make the least appeal, will deny that in “ The Octopus ” and “ McTeague ” the late Mr. Frank Norris manifested extraordinary promise and discovered fresh territory ; no one, again, of his most fervent worshippers could honestly affirm that his work is faultless. A rough and careless * «The Responsibilities of the Novelist,’ by Frank Norris. (Grant Richards.)  106 style, sometimes effective, often wounding, is the least delightful characteristic of “The Responsibilities of the Novelist.” Its author allowed the force of his convictions to express itself in noise ; he was so certain of the truth of his theories that he forgot what a traitor to truth didacticism may prove unless it is allied with subtle restraint. He has none of the fine shades of persuasion. Yet if the style is marred by such redundant expressions as “I tell you ” and such elementary errors as “Macbeth and Tamerlane réswmé the whole spirit of the Elizabethan age,” and “ Violet le Due’s ‘ Dictionaire du Mobilier,’” there are, at any rate, many fine and honest, if not hugely original, judgments on the art of the novelist. Mr. Norris realised that the artistic temperament is not a thing that one can put on and take off, like a hat or an air of virtue, but that it is the very spring and essence of life. “You must be something more than a novelist if you ean, something more than just a writer. There must be that nameless sixth sense in you... . the thing that does not enter into the work, but that is back of it; the thing that would make of you a good man as well as a good novelist.” Something of this kind has been said before, but Mr. Norris was an independent thinker, and that he should have come to the same conclusion as his predecessors is a great tribute to their common theory. Sincerity is the watchword of his essays which deal most intimately with the novelist’s art; he denounces the vulgar trick of cramming the public with garbage that has neither life nor beauty, and reiterates the importance of studying the ordinary aspects of existence, aspects as full of romantic possibility as any age when men loved and fought in doublet and hose. This truth he illustrates from American history. But here, too, he rushes wildly where a more careful thinker would pause. He is wonderfully optimistic con- cerning the public taste, and believes that in the end the plain people, the burgesses, the grocers, will prefer “Walter Scott to G. P. R. James, Shakespeare to Marlowe, Flaubert to Goncourt.” Why, in the name of logic, Shakespeare to Marlowe? A damning comparison of the “ Aigina Marbles” with the frieze of Pheidias would be about as pertinent. Did Mr. Norris really imagine that Marlowe was the G. P. R. James of the Elizabethan era, just as a recent writer on Sicily termed one of the three greatest Attic dramatists the Henry Arthur Jones of Greece? Faults of taste of this kind mar the excellence of his book, which will nevertheless have a value as containing the sincere if hasty conclusions of one whose premature death is mourned by all who care for honesty in literature. Sr. J. Le THE AUTHOR. G. P. v. SPECIALIST. a HAVE noticed recently a recrudescence of the old discussion as to whether specialists or general practitioners should be called in to express opinions on the corpus vile of fiction, whether experts or ordinary readers are the proper persons to review books in the Press ; and, on the principle, perhaps, that fools may hit when wiser men may miss, I venture to shoot my bolt with my betters, protesting in advance that common sense has before now been known to be covered by the cap and bells, and that responsibility is more frequently an obstacle to the utterance of truth than irresponsibility. I wish that in these conversational debates the disputants would take the preliminary trouble to define their terms ; even if they did, there would be small likelihood of their bringing their argu- ments to aconclusion, but without such preliminary labour there is no possibility of their doing so. What is an expert? Let it be observed that I do not ask who is an expert: to do so would be to represent myself as unfamiliar with “ Who’s who ?” at this instant reflecting my blushes, due to my not being mentioned therein ; but what do these leaders of light and learning mean by experts, and reviews, and half-a-hundred other things which they discuss so frequently and at such length? What distinction do they make between a criticism and a review, and for whose benefit do they contend that books are reviewed in the Press at all? The looseness with which they employ the terms is surely the reason of half the pother. Literature is an art, not a profession, and the author has discharged his primary function when he has brought his work to perfection and knows that he can do no more with it: that, so far as he can make it so, it is a finished thing. But from another point of view that is only the end of the beginning. In due course the book is made public, and then it is the publisher who is immediately concerned, and trade considerations properly come into the matter. He advertises the fact that he has a book to sell; if he is clever he advertises it in a variety of ways, but generally, of course, by the simple expedient of inserting notices of it in newspapers, in consequence of seeing which people may be induced to buy. The publisher's primary business is to make money for himself, and he would not be a business man if on the one hand he did not spend money with the object of making more, and if on the other he did not seek to get some advertisement of his wares for next to nothing. In the former case he spends upon advertising as much as he thinks the book will bear, and to the latter end he sends out  ile THE AUTHOR. 107 “review copies,” asking for the favour of an editorial notice, a notice, or a review, and for a copy of the issue of the paper containing any such notice. I never remember having seen the word ‘criticism ” used by any publisher on any such occasion; at the present moment twenty-seven volumes await attention from me, and the word “criticism” does not occur in one of the accom- panying printed slips from the publishers; it is notice, not criticism, they desire. The editor again does not desire to procure it as a general rule. Times are such that he consults the wishes of his readers by giving them reviews instead of criticism, and for that purpose he employs reviewers and not critics, general prac- titioners not specialists ; and this not only because they are less expensive and more easily come by, but because they are the better men for the job. In all this part of the matter, art is not even being considered : it is business pure and simple between the publisher, the editor, and the public. The first wants the cheap advertisement ; the second wants copy dealing with one of the myriad subjects interesting some of his regular readers and wants cheap copy—let those who deny that reviewing is poorly paid work quote figures ; the third want— what ?—notice or criticism ? So far as fiction is concerned I am convinced they do not want criticism. They want to know what a book is about, and only one thing more— whether it is interesting. One may prate about art until the ceiling falls. That a book is interest- ing is the first, the middle, and the last point of importance to the great public: it is the one thing the publisher’s reader watches for, the editor watches for, the publisher watches for. A novelist may write a story the plot of which is moth eaten, the characters in which are conventional almost to the point of absurdity, the style of which is faulty and, from the point of view of art, deplorable ; if it is interesting the publisher’s reader would forfeit his appointment by declining it, the editor would be confronted with a similar possibility by commit- ting a similar blunder, and the publisher would rage furiously at losing a good thing. Immortality is an abstraction, but temporal supremacy is practi- cal politics ; but the mind that is set upon things above is commonly indifferent, if not actually blind, to things below. The analogy has point. Criticism has been defined as the exercise of judgment in the province of art and literature, and the critic as a person who is possessed of the knowledge necessary to enable him to pronounce right judgments upon the merit or worth of such works as come within this province. Matter, manner, and the quality of giving pleasure, or in other words: the power of appealing to the imagina- tion, are the three characteristic qualities of literature—the principles; construction of plot, metre, diction, and such other lesser elements as are governed by canons, are the rules ; and criticism tends in an increasing degree to disregard rules and concentrate its attention upon principles. The expert critic cannot, however, be expected to do other than act as a resistant force to this tendency ; it is his function to maintain a high standard of merit in performance, and to insist upon the importance of the rules: he is the champion of art, and the artist’s well-greaved friend ; but the training and scholarship which make him what he is are obstacles in the way of his being a practically useful reviewer of fiction for the daily, or even weekly, Press. A dissertation upon principles and rules in the “literary column” of a daily paper, with a considered judgment upon the merits of a novel as tested thereby, is not wanted by anybody except the author. The expert critic’s knowledge and reverence for principles and rules make him intolerant of any work where they are not observed and incapable of finding anything interesting in it : his place is the quarterly reviews : the daily papers have no use for him. Is that a matter for regret to authors? Only in part, it seems to me. At that stage in his development what he needs is notice, as wide as possible, in order that his books may sell ; utili- tarian considerations legitimately affect him too. Moreover, if what he has produced be art, in the true sense of the word, he must know that everything is very well as it is. No interesting book has ever yet been written that has failed to find its way to the world: that is one truth ; another is that fame has never yet been withheld when it has been deserved. With the author who cannot comfort himself with the belief that if he deserves fame he will win it, and who finds a griev- ance in the thought that it may be posthumous, it is not easy to be patient. If he is of such comparative importance that he is made the subject of considered criticism as distinct from mere review, he must still remember that contemporary criticism can only be provisional: appeal to posterity, by whom the judgment may be reversed, is not only permissible, but inevitable. It is with posterity only that the final judgment lics. What matters most to the author in the present is review. It is of fiction that I have spoken because it is in connection with fiction that the old discussion has been revived; and so far as fiction is con- cerned, let me record my vote by plumping in favour of the general practitioner. Consideration of the question in connection with other depart- ments of literature may be left to another time and to another mind. V. E. M.  108 THE UNVEILING OF THE MEMORIAL TO SIR WALTER BESANT. oo HE memorial to our late chairman and founder, Sir Walter Besant, was unveiled in the crypt of St. Paul’s Cathedral by Lord Monkswell on December 11th. It will be remembered by many members of the Society that the memorial, arelief in bronze, admirably executed by George Frampton, R.A., was commissioned and mainly subscribed for by the members of the Society, and that it was hung in the sculpture- room at Burlington House last May. The position of the memorial is now in the crypt of St. Paul’s, on the wall, between that to the memory of Charles Reade and the brass of John M. Smith. On the tablet, beneath the portrait, is this inscription : NovEListT, HisToRIAN OF LoNnpDoN, SECRETARY OF THE PALESTINE Exploration FUND ORIGINATOR OF THE PEOPLE’S PALACE, AND FouUNDER OF THE SOCIETY OF AUTHORS. Tuts MoNUMENT IS ERECTED BY His GRATEFUL BRETHREN IN LITERATURE. Born 14th August, 1836; Died 9th June, 1901. The ceremony of unveiling was short. Mr. Douglas Freshfield, the Chairman of the Com- mittee of the Society, regretted that Mr. George Meredith, our President, was too ill to appear. Hence it fell upon him to call upon Lord Monks- well to unveil the memorial. Many Members had already seen the memorial in the Academy, and approved it. To them the act of unveiling was but a formality. No better man could have been asked to unveil the memorial than Lord Monks- well, the Chairman of the London County Council ; and, perhaps, here, in the quiet corner of the crypt beneath the Cathedral of London, and London’s roar, was the best place for a lasting monument to one who had given the best years of his life to London and to London’s good. He did his best to enlighten the darkness of the lives of the masses, entered keenly into a thorough investiga- tion of the sweating system, and gave the people new sources of intellectual or, at any rate, intelligent recreation. Dean Gregory and Canon Newbolt read a short dedication service, and Lord Monkswell unveiled the memorial. Certainly, it looks infinitely better in its present position than it did in Burlington THE AUTHOR. House. The sombre light, the grey walls, the impressive silence of the great crypt, seeming to stretch away in an endless vista of arched halls and chambers and echoing passages, are in quiet harmony with the soft-toned bronze of the relief. Lord Monkswell, unveiling the memorial, spoke of Sir Walter Besant as one who, though a foreigner to London by birth, and largely by education, yet knew London and loved it, as no one else in the world knew London. Its streets and its lanes, its docks and its river were to him an open book. He was a social reformer, a man of ideas, sound feasible ideas, and no mere dreamer. With this side of him, the County Council thoroughly sympathised. Like Dickens, Besant preached social reform. But Dickens was a destructive element. His giant pen seized upon the demons of wickedness and thrust their names and their fames into the mouths of all. Besant sought the same demons, but his craft was to do more than to show them up. It was to destroy them and replace them by other organisations in which the demoniac spirit was absent. And in part he was successful. From his ideas—romantic ideas in “All Sorts and Conditions of Men,” an impossible story—Besant’s own criticism—sprung the People’s Palace, situate in the heart of White- chapel, the centre of the working life of thousands and tens of thousands of Londoners. Besant was not a vain man. He was not a jealous man. But his admiration was for all that was good, that was healthy. His sympathies were thorough-going and cosmopolitan. One of his last acts was to join himself to the Atlantic Union, a union to entertain Americans and Canadians and Colonials who visited England. He was a good man if ever there was a good man; a lovable man if ever there was one. The greater part of the organic work of this Atlantic Union is, by the way, now in the hands of Miss Celia Besant. Among those present at the ceremony were Lady Besant, her two daughters, Misses Celia and Ailie Besant, her second son—her eldest son, Captain Eustace Besant, is still serving in South Africa—Mr. Douglas Freshfield, Chairman of the Managing Committee of the Society, Mr. Edgar Besant, Sir Walter’s youngest brother, to whom, by the way, we owe the origin of “The Golden Butterfly,” Prof. Bonney, Mr. Hall Caine, Sir Martin Conway, Mr. George Frampton, R.A., Mr. A. H. Hawkins, Colonel Lamb, of the Salvation Army, in which Sir Walter Besant was greatly interested, and many others. SaaS AE_cith Se ®  THE AUTHOR. 109 . THE SAMUEL PEPYS CLUB. ee a HIS new Literary Club was founded on May 26th, 1903, in commemoration of the two- hundredth anniversary of the death of its patron—saint or sinner, shall we say, or merely style him the father-confessor of our frail humanity, and the elub’s pater benignus, Samuel Pepys ? The founders were Mr. Henry B. Wheatley, Sir Frederick Bridge, Mr. D’Arcy Power, and Mr. George Whale, who, on the aforesaid anniversary, after the manner of Englishmen with a great project in hand, did solemnly dine together, and initiate the club. A general meeting was duly held on July 8th, when the number of members was fixed at seventy. This number came rapidly together by a kind of rare chemical affinity, and there are already many can- didate atoms that feel the potent attraction, and only await a vacant place in the new body cor- porate. The objects of the club, besides that of doing honour to the author of the most human of human documents, are: First, to dine together, with or without guests, three times a year, on or about the anniversaries of certain important events in the life of Samuel Pepys ; and, secondly, to read and discuss papers concerning Pepys and his time, with power to add to such objects as occasion may arise. The inaugural dinner was held on Tuesday, December 3rd, 1903, in the Hall of the Cloth- workers’ Company, of which Pepys was Master in 1677, Mr. Henry B. Wheatley, editor of the most complete edition of the Diary, and the club’s first President, occupying the chair, with the Master of the Clothworkers, Mr. Snow, on his right hand; while behind them shone the historic plate of the Company. Among the valuable pieces there dis- played the most interesting to the club and its guests were the cup and cover of silver gilt, and the gilt ewer and basin, or rose-water dish, pre- sented to the Company by Pepys during his Master- ship. ‘The members of the club assembled in force on this occasion, and brought many distinguished guests. The toasts proposed from the chair, after the usual ones of ‘The King” and “ The Queen and Royal Family,” were “The Immortal Memory of Samuel Pepys” and “The Clothworkers’ Company,” the latter responded to by the Master. The toast of “Our Visitors” was proposed by Mr. George Whale, and responded to by Sir William Collins. “The Club” was proposed by Viscount Dillon, and responded to by Mr. Edmund Gosse. Sir Alexander Binnie afterwards, in a most interesting speech, directed the attention of the club to some localities in London either mentioned by Pepys or suggesting memories of him. Indeed, the speeches, taken all round, were singularly interesting in substance, and well - delivered. Perhaps the note most frequently sounded was that of homage to Pepys’s many-sided humanity, his immense aptitude for work, and happy energy in both work and play. This was but a just tribute to the man, whose sterling qualities are even now scarcely appreciated as they deserve by the general public. Anyone who is in a position to estimate the actual work he did as Clerk of the Acts, and Secretary to the Admiralty, can hardly fail to give him a place among the great English- men of his day. He brought his common-sense, love of mastering details, and loyal fidelity to the duties of his office to bear upon many abuses ; and he left the Navy, his chief care, in a much more efficient condition than that in which he found it. Any sympathetic student of his Diary, moreover, must feel the charm of his personality: his child-like delight in life ; his easy-going love of his wife and friends, and of those rough-notes of contemporary history that we call gossip and scandal, but which add a spice to the historic plum-pudding ; his eager curiosity about everything that came in his way, and divine lust after precise information on all possible subjects ; and withal his genuine religion. For Pepys, in spite of his sensuous temperament, and the not uncommon weaknesses, follies, and unchastened appetites, he has so frankly chronicled, was a religious man in that irreligious age; living his particoloured life with a feeling that the eye of God was upon him. It is no doubt true that the God he worshipped was not the stern and wrathful Deity of the Puritans, but more akin to that good- natured Creator of all flesh of whom Beranger sings : “Le verre en main, gaiement je me confie Au Dieu des bonnes gens !” But Pepys’s faith was not only more grave and decorous than that of Béranger seems to have been, but deeper and more abiding. After dinner there was a pleasant ‘ Concert of Musick,” under the direction of Sir Frederick Bridge. Pepys’s own favourite song, “ Beauty, Retire,” composed by himself, was the first vocal piece given, and it was followed by other songs, and a duet for a male and a female voice, by com- posers of the period; some of the songs either having been sung by Pepys or mentioned in his Diary. Of one of them, “The Larke,” he says: «Thence to Change, where Wife did a little busi- ness, while Mercer and I staid in the Coach ; and in a quarter of an hour I taught her the whole Larke’s Song perfectly.” This was creditable to both master and pupil, as the song, by Milton’s friend, Henry Lawes, is a difficult one.  110 Besides the vocal music, the Rev. Mr. Galpin, a clever amateur musician who collects old instru- ments, gave the company a sample of that “ wind musique ” which so ravished Pepys’s soul that it “made him sick,” and, as he characteristically adds, “ makes me resolve to practise wind-musique, and to make my wife do the like.” This was represented by a couple of airs on the flageolet, one, I think, composed by Pepys; both of which the little pipe was made to warble very daintily. There were also two pieces for that “ Recorder ” mentioned by Hamlet—a long and stfaight wood- instrument, with a certain resemblance to a large bassoon, but blown from a mouthpiece at the upper end. It must be difficult to “govern the stops” perfectly, as it seems to have a trick of suddenly jumping from a lower octave to a higher in a rather whimsical manner ; yet the notes are mellov. A third instrument, the “Trumpet Marine,” which Pepys heard played by a French- man, and was, as usual, “ mightily pleased with,” is not a wind-instrument, as the name might suggest, but a kind of emaciated viol, with a pigmy body and enormously long neck for the key-board. It has what Pepys calls an “ echo,” produced, as he suspected, by concealed sympathetic strings, which respond to the notes played by the bow. Altogether the evening was a pleasant one, and the Samuel Pepys’Club may claim the right to take its place as a going concern. JoHN TODHUNTER. Or —_— THE FIRE DESCENDS! ——— LEAVES FROM THE DIARY OF A CERTAIN SORT OF FOOL IN PARADISE. T has come straight down, from Heaven or nowhere, an original and glorious Idea! There is nothing in that. Ideas strike me very often, and they are always original and glorious—at first. They are all, too, equally un- expected and startling, hitting me between the eyes, hard as a cricket ball at point, and knocking all the common-sense out of me. Sometimes they seem to arise out of facts, a paragraph in a news- paper, a look of secret history on a face, a phrase in a letter; but frequently they spring from no source more definite than the churning of unrelated thoughts when I pretend to compose myself for sleep at night. This, my last Idea, has, however, come to me under somewhat unusual conditions. It seems to be connected with a forgotten dream, having no conscious antecedent, but taking possession of me as I awoke, at the time when we are least given to THE AUTHOR. fantasy, most under sway of the senses. I have had to rise, to dress, to eat my breakfast with the others, to avoid showing any glimmer of inward fire. When addressed I have had to answer in a matter-of-fact and off-hand manner, as if I knew, or cared to know, anything about the weather, or the household, or the dull doings of men in Parlia- ment. These things smote upon my ears like the distant sound of drums, tuneless and void. They were unreal compared with my Idea. At last I was able to sneak away by myself, out of the house and into the garden, which has ever been my dearest friend and confidant. All my life I have wandered in waking dreams about its winding paths: as a little child, when I told myself stories of fairies and goblins; in my Scott days, when I revelled in knights and fair ladies ; and, later on, in throes of modern sentiment—chewing, as I went along, the fragrant buds of fruit bushes, or “bread and cheese” from the hedges. To-day I slipped first to the greenhouse, where no eye from the windows might see me, for I wanted to be out of sight with my Idea, to blend it with the scent of flowers, to exult over it, and shape it prayerfully, lest it turn into a thing without wings. An Idea, like a sunset, cannot be painted in a few strokes of the brush by a careless hand. Its beauty lies in its vague possibilities and suggestions of imeffable glories beyond; in the mystery that it makes about us. And to express this, even faintly, needs all the concentrated power of heart and brain, art and will. One must be prepared for weary travail and heart-breaking doubts; because these ever attend an act of creation—if we may dare to call our reproduction and imitations “creation.” So, before my Idea can be valued at all, it must be taken into the solitudes of thought and every in- fluence of what I call my soul must be brought to bear upon it. How am I to give it form? Rhymeand rhythm cramp me; in writing an essay I am always tempted to become didactic, if not garrulous. There seems to be only one way open—the way of the prose idyll ; in which a filmy veil of fiction is thrown over a dimly seen figure. For to have the nude shape of my Idea too definitely visible would be fatal to its suggestiveness and charm. I gathered in the greenhouse a spray of oak- leafed geranium and a long stalk bearing three little cups of the freesia, splashed with gold and filled with orange and honey, to keep a hold on my Idea in the rush of everyday things. Then I was summoned in from the garden, and all the hateful, stifling tangibilities of life fell upon me. There is always this to be finished, that to be looked through, while letters demanding acknowledgment gape at me, a herd of time-devourers. The morning flew away on bluebottle wings—nothing  t ia & THE AUTHOR. faster into the world—and all the while my giorious Idea burned like a rosy flame before my dazzled eyes. * Visitors swallowed the afternoon with vapid talk of personalities ; and, when they had gone, I was more exhausted than if I had been studying logarithms for twelve hours! If there be any- thing more paralysing to the brain than the animated conversation of the average person on matters of local or general interest I have yet to discover it! Dead tired, I had to fasten upon a sleepy old gardening book and read the fog out of my mind. Then to bed; and at last I am alone with my glorious Idea! 1 grow warm, and thrill deliciously as I proceed to fashion it into a shape of my liking. This is worth living—worth dying for! ‘And it is mine, all mine, this exquisite thing, this flower of fire from the high heavens. No one can tuke it from me; no one even knows of its exist- ence. Yet it does exist, and it shall do so, not only in me but in the material world. It shall not be still-born. To-morrow I will give it form and life—to-morrow—I am falling asleep. Tuesday.—\ have not written a word to-day. There was a meet of the Woodland Pytchley this morning, and I could not resist the temptation to go. Then I was tired out with the exercise and fresh air. Have done nothing but yawn ever since. My Idea has haunted me through the music of horns and baying of hounds, the thud of hoofs on the spongy turf and all the shouting. The sprig of rosemary I wore in my buttonhole seemed to make the atmosphere about me aromatic and flip me with suggestions. There is certainly a relationship between rosemary and hunting; no morbid thought can exist with them. Night finds me, as usual, full of vague aspirations and creative optimism ; but I am too weary to write. J must sleep. Wednesday.—Having neglected everything to follow the hounds yesterday, I found a great deal to do this morning. ‘The end of it was a worried headache, such as women are wont to bring upon themselves by trying to do several things at once. I spent the afternoon in nursing it. The day is wet, warm and muggy. My mind is sluggish. I have physicked it with an exciting novel and have sat up late to finish it. My Idea has faded a little during the day; but now, at night, it revives to keep me awake. _ Lhursday.—How one dreads the first plunge into expression! I have gazed for hours at the white paper which seems to stare back at me fatuously. Even my pen, usually so sympathetic, gives no help. I feel as if I were engaged in an imbecile attempt to catch the sunshine and colour of a summer day in a butterfly net ! How did the iti monstrous Arabian genie get into the vase? And shall I ever be able to pour my luminous Idea into the mould of words? It seems impossible. It always does—when one begins. There is a shirk- ing, a skimming round, a coy shrinking from the brazen display and indelicacy of language. Then —the time has gone—no more to day. A week later.—At last the moment has arrived when I can attack my Idea and shape it out on paper ! There is a bright sunshine to help me, and the song of birds. The air is of such intoxicating clearness that I feel light of limb, and heart, and brain. How cold the paper looks before me ! How tame and utterly inept the words I put upon it ! If something does not happen, all the rapturous glory of my Idea will be quenched into mere prose, it will be like a soap bubble that has collapsed into suds! But something is happening. I feel a glow stealing through me. ‘The fire is here again, in the cold veins ; the thing starts to live. It is not so beautiful as it was—oh, of course not—but it may gain yet, it has the power to grow into a work of art. I have been sitting three hours over it now; I shall be with it again this afternoon, and at night. It holds me firmly and will not let me go. No more shirking, shrink- ing, dreaming, but work—work—work ! ‘Next day.—I have re-written my Idea twice. It is half the length it was at first. I finish in an ecstasy! It is a wonderful, lovely thing. My feet do not touch the ground. Everybody remarks how curiously amiable I am to-day. I feel in love with all my fellow-creatures, including the worms and weeds! The very air is rose-colour! I laugh idiotically at nothing, and go to bed so excited that I do not expect to sleep till the first thrush cries, “I come to see you—I come to see you,” outside my window in the morning. Next day.—I have just re-written my Idea again and sent it to be typed. Three days later.—My manuscript has come back from the typist. I began to read it with despair, but ended in a mild, only a mild, very mild triumph. It is not the marvel I thought it, but L love it and am thankfal. After receiving the final touches, it will pass, I think, among those who can have no notion of its first inspired glory. A month later—I sent my Idea forth into the world, and the world, represented by one discern- ing editor, has welcomed it graciously. I ought to be happy. Many of my precious brain children have had to become wandering outcasts, turned from door to door, to die in the dust ; but this one is taken by the hand and kindly treated. Oh, yes, I ought to feel relieved, gratified, even delighted. But alas! alas! Is it my own fault, or the world’s fault, or the fault of that great horrible  112 Irony that seems to govern our life, that my beau- tiful, chaste, dainty Idea has grown suddenly vulgar and unworthy? It is no longer exquisite, no longer holy. Earthly fingers have smudged it ; the fragrance of orange-flower, and lemon geranium, and rosemary, have ceased to cling about it. Now it smells only of the mould—not the garden mould that is sweetened by summer rain, but the dust of ashes. Someone has come to me and said: ‘“‘ What a pretty little story you have in the Output this week”? and I have not yet left off inwardly writhing. My Idea, my glorious conception, kindled by a flame from heaven—“a pretty little story ”— ye gods, pity me ! : What did [ expect ? Ah, that’s the point. One does not expect ; one feels, and loves, and works, and hopes—all in a phrensy, without a definite desire. But passion seems destined to end this way, in art as in—other things. Well, in years to come, perhaps, I shall take out my poor shrivelled Idyll, look at it fondly, swell with mother pride again, and thank the Powers that be there is nobody by to tell me it is “a pretty little story!” No rapture then; only the tenderness of the creator will be left. With all its glamour gone, its faults laid bare to my critical eyes, its delicious colours faded, it will still be my own, my dearly-loved. And the old, sweet fragrance of orange and lemon, of freesia and oak-leafed geranium, will steal upward to me from its yellow pages, a faint incense of memory from the altar of a once adored Idea. By tHe AuTuHor or “Musk oF Rosss.” ee oe CORRESPONDENCE. Bee PUBLISHERS’ RIGHTS. Sr1r,—If a man with no legal training may claim some lenience in an honest endeavour to understand the copyright decision lately arrived at by the Lord Chancellor and his learned brothers, may J thus venture to interpret their generous apprecia- tion of the rights of publishers of encyclopedic literature ? The publisher may, having got out of them all the use he wants, sell the articles, indi- vidually or collectively, to newspaper syndicates. This would have two results. In the first place, the specialist, who may have spent years and money in acquiring his expert knowledge, would have the mortification of reading articles signed by himself in inferior provincial news-sheets to which he would never dream of contributing direct. In the second, his pocket would be hit as well as his vanity, for there can be no doubt that this cheapening of his name in country papers would prejudice his chances of placing new work in more respectable quarters. THE AUTHOR. If this is really what Lord Halsbury—am I wrong in thinking that he occupies the post of President of the Royal Society of Literature ?—desires to see authors reduced to, then there is nothing more to be said, and the only remedy is to alter the law, and, pending that, for authors to defend themselves individually by special clauses setting this prece- dent aside. If, however, he is rather of opinion that such a position is as unreasonable in respect of encyclopsedic literature as in the case of articles contributed to periodicals, then, sir, I submit with respect that it is a pity he did not make this clear. I have not hypothecated such a case merely as a frivolous reductio ad absurdum, but in a wholly correct spirit of curiosity. May I take this oppor- tunity of stating that I never claimed any right to make separate use of the article in question. My contention was merely that, as it had been com- missioned for one work, of which I was both the originator and part-editor, the publishers had no right, without my permission, to use it in another work in which I had no direct or indirect interest. Lord Halsbury and his learned colleagues have thought otherwise, but I hope, given a reasonable term, to live to see the law, for which I have a great respect, brought in line with common sense, for which I have a reverence. Your obedient servant, F, G. AFLALO. Teignmouth, Devon. a Tue REMUNERATION OF TRANSLATIONS AND ORIGINAL WORK COMPARED. Dear Srr,—In a note that appeared in The Author, with reference to the remuneration received by translators for Messrs. Methuen’s Dumas series, you mention that the average remuneration per 1,000 words for translation of French work into English may be reckoned at about 7s. 6d. If I may venture to differ from you I should say that, at all events for fiction, few English publishers pay more than 5s. per 1,000. But in connection with Messrs. Methuen’s rates it is instructive to note that not long ago this firm offered an author for the writing of one of their well-known series of topographical monographs a sum which worked out at a little less than seven shillings a thousand words, and this was for original, not translation, work! Not only this, but the offer was made to an author who is a well-known authority on the special subject he was asked to write upon. Further, this princely offer was handicapped by the work having to be written on approval. Yours faithfully, Ursus Magor. =j Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Author, Vol. 14 Issue 04 (January 1904) Subject The topic of the resource <em>The Author</em>, Vol. 14 Issue 04 (January 1904) Identifier An unambiguous reference to the resource within a given context 1904-01-01-The-Author-14-4 Type The nature or genre of the resource Publication publications The Author