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            <text>Che Mutbor.&#13;
&#13;
(The Organ of the Incorporated Society of Authors.&#13;
&#13;
FOUNDED BY SIR&#13;
&#13;
Monthly.)&#13;
&#13;
WALTER BESANT.&#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
Vou. X VI.—No. 3.&#13;
&#13;
DECEMBER&#13;
&#13;
Ist, 1905. [Prick SIXPENCE.&#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
TELEPHONE NUMBER :&#13;
374 VICTORIA.&#13;
&#13;
TELEGRAPHIC ADDRESS :&#13;
AUTORIDAD, LONDON.&#13;
&#13;
—__¢—&lt;—e___&#13;
&#13;
NOTICES.&#13;
&#13;
— + &lt;4&#13;
&#13;
OR the opinions expressed in papers that are&#13;
K signed or initialled the authors alone are&#13;
responsible. None of the papers or para-&#13;
graphs must be taken as expressing the opinion&#13;
of the Committee unless such is especially stated&#13;
to be the case.&#13;
&#13;
Tue Editor begs to inform members of the&#13;
Authors’ Society and other readers of The Author&#13;
that the cases which are from time to time quoted&#13;
in The Author are cases that have come before the&#13;
notice or to the knowledge of the Secretary of the&#13;
Society, and that those members of the Society&#13;
who desire to have the names of the publishers&#13;
concerned can obtain them on application.&#13;
&#13;
++&#13;
&#13;
List of Members.&#13;
&#13;
Tue List of Members of the Society of Authors&#13;
published October, 1902, at the price of 6d., and&#13;
the elections from October, 1902, to July, 1903, as&#13;
a supplemental list, at the price of 2d., can now be&#13;
obtained at the offices of the Society.&#13;
&#13;
They will be sold to members or associates of&#13;
the Society only.&#13;
&#13;
—_—&lt;——_&#13;
&#13;
The Pension Fund of the Society.&#13;
&#13;
Tuer Trustees of the Pension Fund met at the&#13;
Society’s Offices in April, 1905, and having gone&#13;
carefully into the accounts of the fund, decided&#13;
to invest a further sum. ‘They have now pur-&#13;
chased £200 Egyptian Government Irrigation&#13;
&#13;
VoL, XVI.&#13;
&#13;
 &#13;
&#13;
Trust 4 per cent. Certificates, bringing the invest-&#13;
ments of the fund to the figures set out below.&#13;
&#13;
This is a statement of the actual stock; the&#13;
money value can be easily worked out at the current&#13;
price of the market :—&#13;
&#13;
Congols 25 6 ee £1000 0 0&#13;
Toca ioans 2.3.2.6... ees 500 0 0&#13;
Victorian Government 3 % Consoli-&#13;
dated Inscribed Stock ............... 291 19 11&#13;
Wear Loan... 201 9° 3&#13;
London and North Western 3 % Deben-&#13;
ture SlOGK 3.2.21. se 250 0 0&#13;
Egyptian Government Irrigation&#13;
Trust 4% Certificates . : ~ 200 0 0&#13;
Wl £2,443 9 2&#13;
Subscriptions, 1905. £ sod:&#13;
Jan. 12, Anonymous . : : : 2 6&#13;
June 16, Teignmouth-Shore, the Rev.&#13;
Canon. : TO&#13;
&#13;
July 13, Dunsany, the ‘Right Hon. the&#13;
&#13;
Lord . ; : 0 5 0&#13;
Oct. 12, Halford, F. M. 0:5 0&#13;
&#13;
 », Lhorbum, W. M. 010 O&#13;
Nov. 9, “ Francis Daveen ” 0 5 0&#13;
&#13;
» &gt;», Adair, Joseph 11 20&#13;
&#13;
,, 21, Thurston, Mrs. t 10&#13;
&#13;
Donations, 1905.&#13;
&#13;
Jan. Middlemas, Miss Jean 010 0&#13;
Jan. Bolton, Miss Anna 0 5 0&#13;
Jan. 24, Barry, Miss Fanny. 0O- bp 0&#13;
Jan. 27, Bencke, Albert : 0 9 0&#13;
Jan. 28, Harcourt-Roe, Mrs. 010 O&#13;
Feb. 18, French-Sheldon, Mrs. 010 U0&#13;
Feb. 21, Lyall, Sir Alfred, P.C. t 0.0&#13;
Mar. 28, Kirmse, Mrs. 010 0&#13;
April19, Hornung, HE. W. . ; ao 0&#13;
May 7, Wynne, 0. Whitworth . 5 0 0&#13;
May 16, Alsing, Mrs. J. E. : GO 5 0&#13;
May 17, Anonymous . ; 1 1 0&#13;
June 6, Drummond, Hamilton § 8 0&#13;
   &#13;
&#13;
66&#13;
&#13;
July 28, Potter, the Rev. J. Hasluck 0&#13;
Oct. 12, Allen, W. Bird 0&#13;
Oct. 17, A. C. N. : : : 1&#13;
Oct. 17, Hawtrey, Miss Valentina 0&#13;
Oct. 31, Williamson, C. No : pel&#13;
1&#13;
1&#13;
0&#13;
f&#13;
&#13;
oon&#13;
&#13;
Oct. 31, Williamson, Mrs. .&#13;
Nov. 6, Reynolds, Mrs. Fred.&#13;
Nov. 9, Wingfield, H.&#13;
&#13;
Noy. 17, Nash, T. A.&#13;
&#13;
_&#13;
HOHRHRH Oo&#13;
onoocoooo°e&#13;
&#13;
—_——————_1——_ + _&#13;
&#13;
COMMITTEE NOTES.&#13;
&#13;
—_-—&#13;
&#13;
N the sixth of last month, at four o’clock, at&#13;
39, Old Queen Street, S.W., the committee&#13;
met together for the November meeting.&#13;
&#13;
They have much pleasure in reporting a very&#13;
large election, numbering thirty-three members and&#13;
associates, and bringing the total for the current&#13;
year up to two hundred and twenty-six— within&#13;
seven of the number elected during 1904. It is&#13;
hoped, therefore, that, with the December elections&#13;
still to be added, the number may exceed that of&#13;
1904, which was an exceptional year. The com-&#13;
mittee are exceedingly pleased with the support&#13;
that is increasingly given to the society and its&#13;
work by the greater number of those who are&#13;
engaged in the profession of writing ; but they&#13;
will not be content until all writers of every&#13;
denomination are included in its ranks.&#13;
&#13;
On the proposal of Mr. Austin Dobson, seconded&#13;
by Mr. A. Hope Hawkins, Mrs. Maxwell (Miss&#13;
M. E. Braddon) was elected to the Council&#13;
of the Society. There is no need to discuss&#13;
Miss Braddon’s title to such a position. The&#13;
length and distinction of her literary career entitle&#13;
her to the greatest honour which it is possible for&#13;
the society to convey.&#13;
&#13;
After the committee had dealt with the elections,&#13;
they proceeded to consider one or two cases which&#13;
the secretary had placed before them.&#13;
&#13;
He reported that the case referring to the ex-&#13;
clusive right in the use of a nom de plume had&#13;
been satisfactorily settled. The infringer had&#13;
withdrawn the name when his attention had been&#13;
called to the matter. In another column counsel’s&#13;
opinion is printed in full.&#13;
&#13;
The committee decided, in another case, where&#13;
an author's rights had been infringed in Norway,&#13;
to obtain the opinion of a Norwegian lawyer as to&#13;
the exact position under the law of that country,&#13;
and if such opinion favoured the author’s conten-&#13;
tion, to carry the matter through the Norwegian&#13;
Courts if necessary. The society is now engaged&#13;
&#13;
in cases in France, Germany and Norway, and it is&#13;
&#13;
THE AUTHOR.&#13;
&#13;
hoped that the result may be satisfactory in all&#13;
these countries, and contribute to the respect of&#13;
International Copyright.&#13;
&#13;
A dispute which had arisen between an author&#13;
and an agent was carefully discussed, and finally,&#13;
as the opinion of the society’s solicitors was&#13;
opposed to the legal contention put forward by the&#13;
member, the committee decided they could not&#13;
take the case any further.&#13;
&#13;
The report of the sub-committee on copyright&#13;
which had met previously, dealing with the question&#13;
of the United States Copyright Law, was submitted&#13;
to the committee, who decided to adopt the&#13;
suggestions put before them. The committee&#13;
regret they cannot, at the moment, give further&#13;
details on this point.&#13;
&#13;
The secretary reported that he had heard from&#13;
the Foreign Office with regard to Egypt and the&#13;
Berne Convention, and that the matter the society&#13;
had put forward would have Lord Lansdowne’s&#13;
serious consideration.&#13;
&#13;
——&#13;
&#13;
Cases.&#13;
&#13;
Stncr the last issue there have been in the&#13;
secretary's hands nine fresh cases. In four of&#13;
these the return of MSS. was claimed. Two&#13;
have already been successful. The demands of the&#13;
secretary have been complied with, and the MSS.&#13;
returned. The other two cases have come into the&#13;
secretary’s hands so recently that insufficient time&#13;
has elapsed to bring about the settlement. Money&#13;
due under contracts has been withheld from two of&#13;
our members. In one case the money has been&#13;
paid and forwarded to the author, and it is hoped&#13;
that the other case may be satisfactorily terminated,&#13;
though there is a possibility that the magazine may&#13;
go into bankruptcy. Of three cases for accounts&#13;
one has been settled. In the remaining two no&#13;
answer has yet been received from the offenders.&#13;
One publisher has been notoriously careless in&#13;
answering letters, but the society has on former&#13;
occasions been finally successful, and, no doubt,&#13;
finally, will be successful in the present instance.&#13;
In the other case the demand is recent.&#13;
&#13;
With the exception of one case in the United&#13;
States, all the cases that were open when the last&#13;
number of Zhe Author was issued have been&#13;
settled.&#13;
&#13;
None of the cases in the hands of the society's&#13;
solicitors, either at home or abroad, have come on&#13;
for trial during the past month. The results will&#13;
be duly notified in Zhe Author.&#13;
&#13;
&gt;&#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
 &#13;
 &#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
November&#13;
&#13;
Adair, Joseph. :&#13;
&#13;
Anderson, Sir Robert,&#13;
K.C.B&#13;
&#13;
Armour, Miss Frances J.&#13;
&#13;
Artus, A. Lancelot :&#13;
&#13;
Baker, Miss B. A. ;&#13;
&#13;
_Aiatchford, Robert ;&#13;
&#13;
‘sy,&#13;
&#13;
Bryden, H. A...&#13;
Colomb, George, F.S.A.&#13;
Deane, Miss Mary :&#13;
&#13;
“Francis Daveen”’ :&#13;
Hall, Leonard . :&#13;
&#13;
Hichens, Robert . :&#13;
&#13;
Lacy, F. St.&#13;
A.R.A.M.&#13;
&#13;
John,&#13;
&#13;
- Lodge, Sir Oliver, F.R.S.&#13;
&#13;
Ludlow, Frederick (Fred.&#13;
Ludlow)&#13;
&#13;
Maxwell, Mrs. (“«M. E.&#13;
&#13;
Braddon ”’)&#13;
Moller, Fraulein Clara .&#13;
&#13;
Nash, Thomas A. . ;&#13;
&#13;
Ridge, W. Pett .&#13;
Robins, Miss Elizabeth&#13;
&#13;
“ Samuel George ” :&#13;
&#13;
Snaith, J. C. : :&#13;
Sharp, Cecil J... .&#13;
&#13;
Stephen, Miss A.G.&#13;
Thonger, Miss M. Ellen&#13;
&#13;
Thurston, Mrs. . :&#13;
&#13;
Waddell, Lieut. - Col.&#13;
L. A., C.B.&#13;
&#13;
Whyte, Wolmer .&#13;
&#13;
Wingfield, Herbert :&#13;
Wingate, A. K. P. :&#13;
Winchilsea and Notting-&#13;
&#13;
ham, The Countess of&#13;
&#13;
Two of those elected do not desire either their&#13;
names or addresses to be printed.&#13;
&#13;
THE AUTHOR.&#13;
&#13;
Elections.&#13;
Gill Foot, Egremont,&#13;
Cumberland.&#13;
&#13;
39, Linden Gardens, W.&#13;
&#13;
Blea Beck, Worcester.&#13;
&#13;
11, Emperor’s Gate, S.W.&#13;
&#13;
16, Alexander Square,&#13;
S.W.&#13;
&#13;
42, Deronda Road,&#13;
Herne Hill, 8.E.&#13;
&#13;
Down View, Gore Park&#13;
Road, Eastbourne.&#13;
&#13;
Junior United Service&#13;
Club, 8.W.&#13;
Hartley, Bourton- -on-&#13;
&#13;
the-Water, Glos.&#13;
&#13;
121, St. James’ Street,&#13;
Brighton.&#13;
&#13;
St. Stephen’s, near&#13;
Canterbury.&#13;
&#13;
Savage Club, Adelphi&#13;
Terrace, W.C.&#13;
&#13;
Mariemont, Birming-&#13;
ham. ;&#13;
&#13;
9, Laxey Road, Horfield,&#13;
Bristol.&#13;
&#13;
Taubenstrasse 38, Sch-&#13;
werin i. M., Germany.&#13;
&#13;
60, Elm Park Gardens,&#13;
S.W.&#13;
&#13;
Garrick Club, W.C.&#13;
&#13;
24, Iverna Gardens,&#13;
Kensington, W.&#13;
&#13;
West Bridgford, Not-&#13;
tingham&#13;
&#13;
183, Adelaide Road,&#13;
N.W.&#13;
&#13;
Peniarth, Dorking.&#13;
&#13;
19, Cavendish Road,&#13;
Leeds.&#13;
&#13;
20, Victoria&#13;
Kensington, W.&#13;
&#13;
61, Lissenden Mansions,&#13;
Highgate Road, N.W.&#13;
&#13;
34, Chapter Road, Wil-&#13;
lesden Green.&#13;
&#13;
64, Cannon Street, E.C.&#13;
&#13;
Underwood, Crieff, N.B.&#13;
&#13;
Harlech, Merioneth.&#13;
&#13;
Road,&#13;
&#13;
67&#13;
&#13;
BOOKS PUBLISHED BY MEMBERS OF&#13;
THE SOCIETY.&#13;
&#13;
+&#13;
&#13;
Cin the following list we do not propose to give more&#13;
than the titles, prices, publishers, etc., of the books&#13;
enumerated, with, in special cases, such particulars as may&#13;
serve to explain the scope and purpose of the work.&#13;
Members are requested to forward information which will&#13;
enable the Editor to supply particulars. )&#13;
&#13;
ANTHROPOLOGY.&#13;
THE SECRET OF THE TOTEM. By ANDREWLANG. 9 x 6.&#13;
215 pp. Longmans. 10s. 6d.n.&#13;
ARCH AZOLOGY.&#13;
THE CLYDE Mystery. By ANDREW LANG. 7? x 51.&#13;
141 pp. MacLehose. 4s. 6d. n.&#13;
ART.&#13;
&#13;
THE TEMPLE OF ART. A Plea for the Higher Realisation&#13;
of the Artistic Vocation. By E. NEWLAND SMITH.&#13;
Second Edition. Revised and enlarged. 7? x 54. 151 pp.&#13;
Paignton: The Order of the Golden Age. 3s. 6d. n.&#13;
&#13;
ARUNDEL CLUB PUBLICATIONS, 1905. 164 &lt; 12. Robert&#13;
Ross, Hon. Secretary, 10, Sheffield Gardens, Kensington,&#13;
W.&#13;
&#13;
PETER PAUL RUBENS.&#13;
Great Masters in Painting and Sculpture.&#13;
138 pp. Bell. 5s. n.&#13;
&#13;
BIOGRAPHY.&#13;
WILHELMINA, MARGRAVINE OF BAIREUTH. By EDITH&#13;
&#13;
By Hore REA. Bell’s Series of&#13;
8 x of&#13;
&#13;
E. CUTHELL. 9 x 6. 293 and 411 pp. Chapman&#13;
&amp; Hall. 21s. n.&#13;
&#13;
MASTER WORKERS. By HAROLD BEGBIE. 9 x 5}. 306&#13;
pp. Metheun. 7s, 6d. n..&#13;
&#13;
KATE GREENAWAY. By M. H. SPIELMANN and G. 8.&#13;
LAYARD, 9.x 6%. 301 pp. Black. 20s. n.&#13;
&#13;
ALMOND OF LORETTO. Being the Life and a Selection&#13;
from the Letters of Hely Hutchinson Almond. By R. J.&#13;
MACKENZIE. 8% x 54. 408pp. Constable. 12s. 6d.n.&#13;
&#13;
THE ROMANCE OF WoMAN’S INFLUENCE. By ALICE&#13;
CoRKRAN. 73 x 5}. 377 pp. Blackie. 6s.&#13;
&#13;
Mrs. FITZHERBERT AND GEORGEIV. 2 Vols. By W. H.&#13;
&#13;
WILKINS. 9 x 6%. 350 and 340 pp. Longmans. 36s.&#13;
CAPTAIN JOHN SmitH. By A. G. BRADLEY (English Men&#13;
of Action). 72 x 54. 226 pp. Macmillan. 2s. 6d.&#13;
IN THE SIXTIES AND SEVENTIES. Impressions of Literary&#13;
People and Others. By LAuRA HAIN FRISWELL.&#13;
&#13;
9 x 53. 331 pp. Hutchinson. 16s. n.&#13;
&#13;
BOOKS FOR THE YOUNG.&#13;
THE STOWAWAY’S Quest. By Henry CHARLES MOORE.&#13;
&#13;
72 x 5}. 248 pp. Pitman. 5s.&#13;
A Kyicut oF Sr. Joun. A Tale of the Siege of Malta.&#13;
&#13;
By Captain F. S. Brereton. 7% X 53. 384 pp.&#13;
Blackie. 6s.&#13;
Sir Toapy Crusor. By S. R. CROCKETT. 8} X 6}.&#13;
406 pp. Wells Gardner. 6s.&#13;
His Most Dear LADYE. By BEATRICE MARSHALL.&#13;
72 x 54. 317 pp. Seeley. 5s.&#13;
&#13;
How THINGS Went WronG. By RAYMOND JACBERNS.&#13;
&#13;
243 pp. Wells Gardner. 2s. 6d.&#13;
&#13;
OLD FASHIONED TALES. Selected by E,. V. LUCAS.&#13;
84 x 6. 390 pp. Wells Gardner. 63,&#13;
&#13;
Rounp THE WorLD. By &lt;A. R. Hops. 10} X 8.&#13;
Blackie. Is.&#13;
&#13;
A SoupIER oF JAPAN. By Capt. F. S. BRERETON,.&#13;
74 x 5. 350 pp. Blackie. 5s.&#13;
&#13;
 &#13;
   &#13;
&#13;
68&#13;
&#13;
Mr. PuNcH’s CHILDREN’S BOOK. Edited. by E. V.&#13;
&#13;
Lucas. 93 x 8}. Punch Office.&#13;
&#13;
Tur LITTLE ONE'S Book or BiBLE STORIES. By Mrs,&#13;
L. HASKELL. 103 x 7}. Blackie. 2s. 6d.&#13;
&#13;
Micky. By EVELYN SHARP. 7} x 9. 240 pp. Mac-&#13;
millan. 4s.&#13;
&#13;
THe LAY OF THE WEE BROWN WREN. By H. W.&#13;
SHEPHEARD WALWYN. 9% x 7}. 43 pp. Longmans.&#13;
2s. 6d.&#13;
&#13;
FAMOUS BRITISH ADMIRALS. By ALBERT LEE. 8} x 5h.&#13;
&#13;
360 pp. Melrose. 6s.&#13;
&#13;
TENDER AND TRUE. By L. E. TIDDEMAN. 8 x 54.&#13;
361 pp. Religious Tract Society. 3s. 6d.&#13;
&#13;
Tus WizaRDS or RyErown. A Fairy Tale. By A,&#13;
CoNSTANCE SMEDLEY and L. A. TALBOT. 7% X 5.&#13;
&#13;
265 pp. Hurst &amp; Blackett. 5s.&#13;
&#13;
DRAMA.&#13;
WHITEWASHING JuLIA. By HENRY ARTHUR JONES.&#13;
&#13;
63 x 44. 136 pp. Macmillan. 2s. 6d.&#13;
King WILLIAM THE First. By ARTHUR DILLON.&#13;
245 pp. Elkin Mathews. 4s. 6d.&#13;
ENGINEERING.&#13;
TRANSACTIONS OF THE CIVIL AND MECHANICAL&#13;
&#13;
ENGINEERS’ SOCIETY. 46th Session, 1904-5. Edited&#13;
by A. S. E. ACKERMANN. 8} x 53. 111 pp. Published&#13;
by the Society.&#13;
&#13;
FICTION.&#13;
&#13;
THE TUNNEL Mystery. By A. W. 4 BECKETT. Geo.&#13;
Routledge &amp; Sons, Ltd. 6d. :&#13;
&#13;
Tue DIFFICULT WAY. By MABEL DEARMER. 7} x 5.&#13;
324 pp. Smith, Elder. 6s.&#13;
&#13;
Witp WueEat. A Dorset Romance. By M. EH. FRANCIS.&#13;
&#13;
8 x 54. 291 pp. Longmans.&#13;
&#13;
FRENCH NAN. By AGNES and EGERTON CASTLE.&#13;
72 x 5. 216 pp. Smith, Elder. 6s.&#13;
&#13;
THE UnKNowN Deprus. By Euiior O'DONNELL.&#13;
&#13;
7k x 5. 315 pp. Greening. 6s.&#13;
&#13;
THE PRoFESSOR'’S LEGACY. By Mrs, ALFRED SEDGWICK.&#13;
72 x 5. 320 pp. Arnold. 63.&#13;
&#13;
THE Man From America. By Mrs. HENRY DE LA&#13;
PASTURE. 74 x 5. 343 pp. Smith, Elder. 6s.&#13;
&#13;
THE MAKING OF MICHAEL. By Mrs. FRED REYNOLDS.&#13;
73 x 5. 310 pp. Allen. 6s.&#13;
&#13;
JAcoB AND JOHN. By WALTER RAYMOND.&#13;
430 pp. Hodder &amp; Stoughton. 6s.&#13;
&#13;
A SECRET OF LesomBo. By BERTRAM MITFORD.&#13;
7% x 54. 300 pp. Hurst &amp; Blackett. 6s.&#13;
&#13;
THe CHERRY RIBAND. By 8S. R. CROCKETT. 8 x 5.&#13;
410 pp. Hodder &amp; Stoughton.&#13;
&#13;
THE FLAMING SworD. BySinasK.Hockine. 7} x 53.&#13;
440 pp. Warne. 33s. 6d.&#13;
&#13;
‘ue HORNED Own. By W. BouRNE CooKE. 7} x 4.&#13;
380 pp. Drane. 6s.&#13;
Rep Porracr. By Mary CHOLMONDELEY. New and&#13;
cheaper edition. 73 x 5. 374 pp. Arnold. 2s. 6d.&#13;
Tur TRAVELLING THIRDS. By GERTRUDE ATHERTON.&#13;
74 x 5. 295 pp. Harper. 6s,&#13;
&#13;
A LAME Doq’s Diary. By S. MACNAUGHTAN.&#13;
253 pp. Heinemann. 6s.&#13;
&#13;
SOPRANO. By F. MARION CRAWFORD. 7} X 5}. 386 pp.&#13;
Macmillan. 6s.&#13;
&#13;
Dick PENTREATH. By KATHERINE TYNAN.&#13;
344 pp. Smith, Elder, 6s.&#13;
&#13;
THE CLEANSING OF THE ‘“ LORDS.”&#13;
7% x 54. 303 pp. White. 6s.&#13;
&#13;
A MAN FROM THE SHIRES. By Mrs. JoHN TAYLOR.&#13;
7h x 5. 299pp. Gay &amp; Bird. 6s.&#13;
&#13;
Wuo was Lapy THUME? By FLORENCE WARDEN.&#13;
72 x 6. 320 pp. John Long. 6s.&#13;
&#13;
72 x O54.&#13;
&#13;
72% x 5.&#13;
&#13;
7k xX 5.&#13;
&#13;
By H. WINTLE.&#13;
&#13;
THE AUTHOR.&#13;
&#13;
Cuirr’s END FARM AND OTHER STORIES. By FLORENCE&#13;
&#13;
WARDEN. 72 x 5. 318 pp. White. 6s.&#13;
Car Taues. By W. L. ALDEN. Illustrated by Louis&#13;
Wain. 73 x 5. 303 pp. Digby Long. 6s.&#13;
&#13;
HISTORY.&#13;
&#13;
BuURFORD PAPERS. Being Letters of Samuel Crisp to his&#13;
Sister at Burford; and other Studies of a Century,&#13;
1745—1845. By W. H. Hutton, B.D., Fellow and&#13;
Tutor of St. John Baptist College. 9 x 6. 336 pp.&#13;
Constable. 7s. 6d, n.&#13;
&#13;
SOUTHERN ITALY AND SICILY AND THE RULERS OF THE&#13;
SoutH. By F. Marion CrAwForp. (New Edition in&#13;
One Volume). 8 X 5}. 411 pp. Macmillan. 8s. 6d. n.&#13;
&#13;
STUDIES FROM COURT AND CLOISTER. By J. M. STONE.&#13;
9 x 53. 379 pp. Sands. 12s. 6d. n.&#13;
&#13;
LITERARY.&#13;
&#13;
Tue Day Book oF CLAUDIUS CLEAR. By W. ROBERT-&#13;
SON eae 8 x 51. 351 pp. Hodder &amp; Stoughton.&#13;
3s. 6d.&#13;
&#13;
Dip SHAKESPEARE WRITE “TITUS ANDRONICUS?” By&#13;
J. M. RoBERTSON. 8 X 54. 255 pp. Watts. 5s. n.&#13;
ON TEN PLAYS oF SHAKESPEARE. By STOPFORD A.&#13;
&#13;
BRooKE. 9 Xx 5. 311 pp.- Constable. 7s. 6d.n.&#13;
&#13;
THE New RAMBLER. From Desk to Platform. By Sir&#13;
LEWIS Morris. 8 x 5}. 327 pp. Longmans. 6s. 6d.n.&#13;
&#13;
A BEGGAR'S WALLET. Edited by ARCHIBALD STODDART&#13;
&#13;
WALKER. 10 x 74. 291 pp. Edinburgh and London:&#13;
Dobson, Molle.&#13;
8} x 5}.&#13;
&#13;
EDITORIAL WILD OATS.&#13;
84 pp. Harper. 2s. n.&#13;
&#13;
In THE NAME OF THE BODLEIAN AND OTHER ESSAYS.&#13;
By AUGUSTINE BIRRELL. 8} X 6. 214 pp. Stock.&#13;
58. D.&#13;
&#13;
THE FRIENDLY TowN. 377 pp. THE OPEN Roap. (New&#13;
and Enlarged Edition.) 369 pp. Compiled by EK. V.&#13;
Lucas. 7 x 44. Methuen. 5s. each.&#13;
&#13;
By Mark TWAIN.&#13;
&#13;
MEDICAL.&#13;
&#13;
MEDICINE AND THE Pusnic. By S. SQUIRE SPRIGGE,&#13;
M.D. 72x 51. 293 pp. Heinemann. 63.&#13;
&#13;
Tue Foop FactoR IN Disease. By FRANCIS HARE,&#13;
M.D. 2 Vols. 8% x 5}. 497 and 535 pp. Longmans,&#13;
30s. n.&#13;
&#13;
Wat Foops Frep Us. By EusTacE MILES. 7} x 43.&#13;
93 pp. Newnes. 1s. n. %&#13;
&#13;
MUSIC,&#13;
&#13;
Tur CoMPLETE COLLECTION oF IRIsH Music AS&#13;
Norep BY GEORGE PxrrtE, LL.D. (1789-1866).&#13;
Edited from the original manuscripts by C. VILLIERS&#13;
STANFORD. 11 x 73. 397 pp. Boosey.&#13;
&#13;
NATURAL HISTORY.&#13;
&#13;
Narure’s Nursery, or Children of the Wilds. By&#13;
H. W. SHEPHEARD WALWYN, F.R.Met.Soc., F.Z.8., &amp;e,&#13;
7} x 5. 352 pp. Hutchinson. 6s.&#13;
&#13;
ORIENTAL.&#13;
&#13;
INDIAN PortRY. Selections rendered into English Verse.&#13;
By Romesa Durr, C.F.E. (The Temple Classics).&#13;
6x 4. 163 pp. Dent. 1s, 6d. n.&#13;
&#13;
PAMPHLETS.&#13;
&#13;
Tye RISE OF THE PAROCHIAL SYSTEM IN ENGLAND.&#13;
By the Rev. 0. J. RnicHEL. Exeter: Pollard. 6d.&#13;
&#13;
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THER AUTHOR.&#13;
&#13;
POETRY.&#13;
NEBULA TO MAN. By Henry R. KNIPE. 12 x 9.&#13;
251 pp. Dent. 21s. n.&#13;
&#13;
By C. WHITWORTH WYNNE.&#13;
Kegan Paul. 7s. 6d. n.&#13;
By EDEN PHILLPOTTS.&#13;
Methuen. 5s, n.&#13;
&#13;
PoEMS AND PLAYS.&#13;
84 x 54. 410 pp.&#13;
Up-ALONG AND DOWN-ALONG.&#13;
&#13;
103 x 7%. 16 pp. 8 Illustrations,&#13;
&#13;
POLITICAL.&#13;
THE FUTURE PEACE OF THE ANGLO-SAxons. By Major&#13;
STEWART L. Murray. 8} x 6. 128 pp. Watts. 6d.&#13;
A TROPICAL DEPENDENCY. An Outline of the Ancient&#13;
History of the Western Soudan, with an Account of the&#13;
Modern Settlement of Northern Nigeria. By Fiora L.&#13;
&#13;
SHAW (Lady Lugard). 10 x 6%. 500 pp. Nisbet.&#13;
18s, n.&#13;
REPRINTS.&#13;
&#13;
THE LETTERS OF HORACE WALPOLE. By Mrs, PAGET&#13;
TOYNBEE. In 16 Vols. Vols. 13—15. 9 x 6. 447,&#13;
448, and 456 pp. Oxford: Clarendon Press. London:&#13;
Frowde. £4 n. the set.&#13;
&#13;
SOCIOLOGY.&#13;
POVERTY AND HEREDITARY GENIUS. By F.C. CONSTABLE.&#13;
$x 5. 139 pp. Fifield. 2s. n.&#13;
&#13;
IN THE GooD OLD Times. A Review of the Social,&#13;
Industrial, and Moral Life of England during the&#13;
last Century and a-Half. By J. C. WRIGHT. 9 x 53.&#13;
366 pp. Elliot Stock. 6s. n.&#13;
&#13;
A HIsTORY OF ENGLISH PHILANTHROPY. By B. KIRKMAN&#13;
GRAY. 82 x 5}. 302 pp. P.S8. King. 7s. 6d. n.&#13;
&#13;
SPORT.&#13;
THE SALT OF My Lire. By F. G. AFLALO. 84 x 54.&#13;
277 pp. Pitman. 7s. 6d. n.&#13;
THEOLOGY.&#13;
THE EVANGELIST MontHuy. Vol. for 1905. Edited by&#13;
the Rev. A. WHYMPERand FLORENCE MOORE. 9? X 7}.&#13;
&#13;
284 pp. Bemrose. 2s.&#13;
&#13;
THE GRACE OF EPISCOPACY, AND OTHER SERMONS. By&#13;
H. C. BEECHING, D.Litt. 74 x 5. 254 pp. Nisbet.&#13;
3s. 6d. n.&#13;
&#13;
JESUS OF NAZARETH. By EDWARD CLODD. 8% x 6.&#13;
119 pp. Watts. 6d.&#13;
&#13;
TOPOGRAPHY.&#13;
In THE MARCH AND BORDERLAND OF WALES. By A. G.&#13;
BRADLEY. With Sketches of the Country. By W. M.&#13;
MEREDITH. 93 x 6}. 430 pp. Constable. 10s. 6d. n.&#13;
&#13;
TRAVEL.&#13;
IypIa oF To-pay. By WaLreR DEL Mar. 8} x 5.&#13;
288 pp. Black. 6s. n.&#13;
Iv THE TRACK OF THE Moors. By SYBIL FITZGERALD.&#13;
104 x 74. 204 pp. Dent. 21s. n.&#13;
THE ITALIAN LAKES DESCRIBED. By RICHARD BAGOT.&#13;
Painted by Ella du Cane. 9 x 64. 201 pp. Black.&#13;
&#13;
208. n.&#13;
A Boon OF THE RIVIERA. By S. BARING GOULD.&#13;
7% x 51, 320 pp. Methuen. 6s.&#13;
————_+-—&lt;&gt;—_+—_______&#13;
LITERARY, DRAMATIC, AND MUSICAL&#13;
&#13;
; NOTES.&#13;
\ | RS. JEAN CARLYLE GRAHAM'S illus-&#13;
&#13;
trated work on San Gimiguano has been&#13;
_ delayed by the leisurely proceedings of&#13;
Italian archivists. ‘Certain necessary documents of&#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
69&#13;
&#13;
the quattro cento and cinque cento, which have&#13;
reposed undisturbed under the dust of centuries in&#13;
various Tuscan archives, are now being laboriously&#13;
unearthed. Until these are copied, the book cannot&#13;
be brought to a close.&#13;
&#13;
We understand that Mr. A. Pavitt, author of&#13;
“Two Friends of Old England,” which we noticed&#13;
in October, has been appointed Knight of the&#13;
Legion of Honour.&#13;
&#13;
“The Truth about Man,” by A. Spinster, pub-&#13;
lished by Messrs. Hutchinson &amp; Co. recently, has&#13;
gone into a second edition. The writer of this&#13;
book has, we understand, another work to follow&#13;
it, in the form of a novel.&#13;
&#13;
H.R.H. the Princess of Wales has been&#13;
pleased to accept a copy of Mr. Walter Del Mar’s&#13;
“India of To-day,” which we referred to in our&#13;
last issue.&#13;
&#13;
“ French Nan,” by Agnes and Egerton Castle,&#13;
which Messrs. Smith, Elder &amp; Co. published a few&#13;
weeks ago, is an eighteenth century story, telling&#13;
of the conflict of hearts and wits, between a spoilt&#13;
young beauty bred amid the artificialities of the&#13;
Versailles Court, and her English husband, a&#13;
chivairous but strong-willed country-loving squire.&#13;
&#13;
The same publishers have also issued Mrs. De La&#13;
Pasture’s new novel entitled “The Man from&#13;
America.” The scenes of the story are laid in the&#13;
west country and in London, and the love interest&#13;
is concerned exclusively with the courtship of men&#13;
and maidens. The theme is the descent of an&#13;
adventurous American upon a primitive cottage&#13;
home in Devon.&#13;
&#13;
Messrs. Smith, Elder &amp; Co. have also published&#13;
a new novel by Katherine Tynan, under the title&#13;
of “Dick Pentreath.” The atmosphere of the&#13;
story is that of English country life, and the&#13;
personages introduced are mainly those who make&#13;
up society in a very quiet and exclusive English&#13;
county.&#13;
&#13;
Mr. F. G. Aflalo has written his reminiscences&#13;
as an angler in a book which Sir Isaac Pitman &amp;&#13;
Sons have published, under the title of “The Salt&#13;
of My Life.” The book contains nearly fifty illus-&#13;
trations from photographs of actual fishing experi-&#13;
ences. The price of the volume is 7s. 6d. net.&#13;
&#13;
Miss Evelyn Sharp’s new book, “ Micky,” is a&#13;
story of a little boy of six, who lives in an imagi-&#13;
native world peopled with fairies and dragons,&#13;
and beautiful princesses who are shut up in towers&#13;
and are rescued by wonderful princes. Messrs.&#13;
Macmillan &amp; Co. are the publishers.&#13;
&#13;
Messrs. Kegan Paul &amp; Co. announce the pub-&#13;
lication of a collected edition of the poems and&#13;
plays of Mr, C. Whitworth Wynne. About a third&#13;
of the volume is new matter.&#13;
&#13;
“A Book of Mortals: being a Record of the&#13;
Good Deeds and Qualities of what Humanity is&#13;
  &#13;
&#13;
70&#13;
&#13;
pleased to call the Lower Animals,” is the title of&#13;
Mrs. Flora Annie Steel’s new book which Mr.&#13;
Heinemann has published. The work is a plea for&#13;
the recognition of what may be called the human&#13;
side of animals and their far-reaching influence upon&#13;
man. Examples are taken from modern instances&#13;
as well as from the myths of Hast and West.&#13;
&#13;
Mr. Holman Hunt’s work, “ Pre-Raphaelitism&#13;
and the Pre-Raphaelite,” which is rapidly approach-&#13;
ing completion, will form two volumes, which will&#13;
be enriched with forty photogravure plates and&#13;
many illustrations in the text. In the opening&#13;
words of this work, which Messrs. Macmillan &amp; Co.&#13;
will publish, Mr. Hunt opines that the time has&#13;
come for a complete and final history of the&#13;
reform movement which began in 1848.&#13;
&#13;
Mr. Elliot Stock published about the middle of&#13;
November a new work by Mr. J. ©. Wright,&#13;
entitled “In the Good Old Times.” Its aim is to&#13;
show the changes in the social, industrial, and&#13;
moral condition of England during the last century&#13;
and a half, and particularly to note the achieve-&#13;
ments of the later half of the nineteenth century.&#13;
By numerous examples and quotations, the author&#13;
seeks to prove that former days were not better&#13;
than these—generally speaking were not so good—&#13;
but at the same time he is disposed to look with&#13;
a kindly eye on a period which was a turning&#13;
point in the country’s history.&#13;
&#13;
“The Lay of the Wee Brown Wren,” by H. W.&#13;
Shepheard-Walwyn, is a romance from bird life,&#13;
in verse, with fifty-four illustrations from the&#13;
author’s photographs. Messrs. Longmans &amp; Co.&#13;
are the publishers.&#13;
&#13;
Mr. Archibald Colquhoun’s book, ‘The Africander&#13;
Land,” published by Mr. John Murray, is the fruit&#13;
of a visit which the writer recently paid to South&#13;
Africa, and its aim is to depict, untinged by&#13;
partisan bias, the present political, social, and&#13;
economic state of that country.&#13;
&#13;
Miss Beatrice Harraden’s new story, which&#13;
Messrs. Methuen &amp; Co. will publish shortly, will pro-&#13;
bably be entitled “‘ The Scholar’s Daughter.” It has&#13;
for its heroine the daughter of a retired bookworm.&#13;
&#13;
Mr. Baring Gould’s book, dealing with the&#13;
Riviera, which Messrs. Methuen have also pub-&#13;
lished, contains an account of the coast from&#13;
Marseilles to Savona, and treats not only of its&#13;
history, but of its geology and botany.&#13;
&#13;
Mr. J. W. Caldicott has written, and Messrs.&#13;
Bemrose are publishing, an illustrated work on the&#13;
values of old English silver and Sheffield plate,&#13;
from the sixteenth to the nineteenth century. It&#13;
is claimed that the work is a practical guide,&#13;
written both for the buyer and seller. The price&#13;
to subscribers is two guineas net.&#13;
&#13;
“A Golden Trust,” by Theo. Douglas (Mrs.&#13;
H. D. Everett), which Messrs. Smith, Elder &amp; Co.&#13;
&#13;
THE AUTHOR.&#13;
&#13;
published in the early part of last month, ran as a&#13;
serial through the pages of The Graphic during&#13;
last summer. The scene of the story is laid partly&#13;
in the home of Northumbrian wreckers, which&#13;
conceals a treasure, partly in the Paris of 1792,&#13;
whither the murderous designs of his kinsman&#13;
drive the young hero.&#13;
&#13;
Mr. J. M. Lely’s Annual Edition of the Statutes&#13;
of Practical Utility and Selected Statutory Rules,&#13;
which was published last month (Sweet and&#13;
Maxwell: Stevens &amp; Sons, 7s. 6d.), contains,&#13;
in addition to the Aliens Act, the Unemployed&#13;
Workmen Act, the Trade Marks Act, and nine&#13;
other of the twenty-three Acts passed last session,&#13;
the Education Code and Secondary School Regula-&#13;
tions of the Board of Education ; the Orders,&#13;
Circulars, and Regulations of the Local Govern-&#13;
ment Board under the Unemployed Workmen&#13;
Act, and the Licensing Rules of the Home Office,&#13;
which were issued at too late a date to be included&#13;
in last year’s collection.&#13;
&#13;
“My Pretty Jane ; or, Judy and I,” is the title&#13;
of a story by Alfred Pretor, published in London&#13;
by Geo. Bell &amp; Sons, and in Cambridge by&#13;
Deighton, Bell &amp; Co. The work is a studied&#13;
comparison of the fidelity of a dog with that of a&#13;
lover. The author depicts the failure of the lover&#13;
in the first test to which he is put, and contrasts it&#13;
with the fidelity of the dog which ends with death.&#13;
&#13;
“ Up-Along and Down-Along ” ig a volume of&#13;
poems of the west country, by Eden Phillpotts,&#13;
which Messrs. Methuen &amp; Co. published early last&#13;
month.&#13;
&#13;
The Strand Magazine for this month contains&#13;
the opening chapters of Sir Arthur Conan Doyle’s&#13;
new story “Sir Nigel.” The story which is&#13;
written in the manner of “The White Company,”&#13;
will be published in book form by Messrs. Smith,&#13;
Elder &amp; Co.&#13;
&#13;
“The Stowaway’s Quest” is the title of Mr.&#13;
Henry Charles Moore’s latest book for boys. It&#13;
describes adventures at sea, in Matabeleland, in&#13;
Barotseland, and is published by Sir Isaac Pitman&#13;
&amp; Sons, Ltd.&#13;
&#13;
Miss Edith A. Barnett left about the middle of&#13;
&#13;
ast month for a trip to New Zealand and round&#13;
&#13;
the world. Miss Barnett, who expects to be away&#13;
for ten ot twelve months, hopes to bring out a new&#13;
book in the spring of 1906.&#13;
&#13;
The city of Prague has just done honour to an&#13;
English author, by voting in its senate and council&#13;
the great silver medal of merit of Prague to Mr.&#13;
&#13;
James Baker, author of “ The Inseparables,” &amp;¢.,&#13;
&#13;
“for his efficient efforts to propagate the knowledge&#13;
of the kingdom of Bohemia and its capital of Prague,&#13;
by means of numerous books and articles pub-&#13;
lished during the last twenty years.” The medal&#13;
bears on the obverse the arms of Prague and&#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
 &#13;
 &#13;
&#13;
i, @&#13;
&#13;
 &#13;
&#13;
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&#13;
 &#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
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&#13;
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    &#13;
   &#13;
  &#13;
&#13;
 &#13;
&#13;
THE AUTHOR. at&#13;
&#13;
“Praga Caput Regni”; and on the reverse, a&#13;
figure of Fame standing by the Bohemian lion,&#13;
holding forth a wreath of bays, with an inscrip-&#13;
tion, With the medal is an illuminated diploma&#13;
on vellum, signed by Dr. Srb (the chief burgo-&#13;
master) ; a covering official letter in Bohemian,&#13;
with English translation, also illuminated, was sent&#13;
with it.&#13;
&#13;
Our former secretary, Dr. Squire Sprigge, has&#13;
just published a book with Mr. William Heine-&#13;
mann, entitled “ Medicine and the Public.” It&#13;
has for its object the evoking of a more widespread&#13;
sympathy than at present exists for the difficulties&#13;
which medical men undergo in the exercise of their&#13;
professional duties. Dr. Sprigge adduces statistics&#13;
and official information as to the distribution and&#13;
qualification of doctors, points to manifold abuses&#13;
in medical practice, and is never afraid to indicate&#13;
the lines upon which reform should run for the&#13;
public good. The fairness of the book is con-&#13;
spicuous, for throughout all the recommendations&#13;
for reform the popular interest is kept steadily to&#13;
the fore ; it is never subordinated to the welfare of&#13;
the class. Dr. Sprigge advocates various amend-&#13;
ments—some of them of a drastic nature—to&#13;
the existing Medical Acts. Everyone knows that&#13;
Parliament will turn a deaf ear to mere professional&#13;
grievances, but may be persuaded to listen to a&#13;
ery for reform based upon public needs.&#13;
&#13;
“Somerset House, Past and Present,” is the&#13;
title of a work by R. Needham and A. Webster, in&#13;
which is given a continuous record of its history,&#13;
from its foundation by the Lord Protector in 1547&#13;
to the present day. The volume, which Mr. Fisher&#13;
Unwin is publishing at the price of 21s., is illus-&#13;
trated with reproductions of prints and a series of&#13;
modern photographs.&#13;
&#13;
Part I. of “King William I.,” written by&#13;
Mr. Arthur Dillon and published by Mr. Elkin&#13;
Mathews, deals with the great duke’s marriage&#13;
with Matilda of Flanders, and his strengthening&#13;
of his power in Normandy; Part II., with his&#13;
overthrow of Harold, giving the incident of Edith&#13;
Swan-neck at Senlac; and concludes with his&#13;
crowning as King of England ; and Part III., with&#13;
his quarrel with his rebellious son Robert, his&#13;
difference with his queen, and his death.&#13;
&#13;
Messrs. Skeffington will publish shortly a new&#13;
book, entitled “The Happy Christ,” in which Mr.&#13;
Harold Begbie endeavours to prove that the con-&#13;
templation of Christ as a Man of Sorrows is due to&#13;
the last act in the Saviour’s life, and is in direct&#13;
contradiction to the life itself.&#13;
&#13;
The 1906 edition of ‘ Who’s Who ?” which will&#13;
be published by Messrs. Black on December 8th,&#13;
will contain a couple of thousand more biographies&#13;
than its predecessor, and in order still further to&#13;
increase the utility of the book the number of a&#13;
&#13;
man’s sons and daughters will be recorded, also&#13;
his motor-car number, telephone number, and&#13;
telegraphic address, where necessary.&#13;
&#13;
The other year-books published by the same&#13;
firm, viz., “ Who’s Who? Year-Book,” “ English-&#13;
woman’s Year-Book,” and “The Writers and&#13;
Artists’ Year-Book ”—the last named just acquired&#13;
by them—vwill all be published about the same time.&#13;
&#13;
“The Voysey Inheritance,” by H. Granville&#13;
Barker, produced at the Court Theatre on&#13;
November 7th, 1905, depicts the downfall of the&#13;
family of an apparently respectable solicitor. He&#13;
dies suddenly, and leaves as a legacy a business&#13;
which he has only been able to maintain by&#13;
persistent perversion of his clients’ money. The&#13;
effect of this position on the various parties&#13;
mainly concerned, and the discussion which it&#13;
produces, form the theme of the play, which was&#13;
adequately interpreted by a caste including Miss&#13;
Florence Haydon, Mr. Eugene Mayeur, and&#13;
Mr. Dennis Eadie.&#13;
&#13;
«The Temptation of Samuel Burge,” by W. W.&#13;
Jacobs and Frederick Fenn, was produced at the&#13;
Imperial Theatre on November 9th, in front of.&#13;
“The Perfect Lover.” The main character—the&#13;
converted burglar, whose peculiarities are, no&#13;
doubt, familiar to all who have read the story upon&#13;
which the piece is founded—was taken by Mr. A&#13;
E. George.&#13;
&#13;
Mr. Alfred Sutro’s one-act play, “ The Correct&#13;
Thing,” performed at the Shaftesbury Theatre on&#13;
November 4th, is a social sketch describing the&#13;
manner in which a man of the world has to&#13;
disembarrass himself of the mistress of whom he&#13;
tires, and whose affections threaten to interfere&#13;
with his chances of social success. The caste&#13;
included Miss Darragh and Mr. Nye Chart.&#13;
&#13;
An original satirical comedy, entitled “The&#13;
Assignation,”’ will be produced at the Haymarket&#13;
Theatre on December 7th, at a matinée. A pre-&#13;
liminary performance of the play will be given at&#13;
the Grand Stand, Ascot, at a matinée on the&#13;
4th December. The proceeds of both performances&#13;
will be in aid of the Royal Waterloo Hospital.&#13;
Among the distinguished performers taking part&#13;
are Miss Genevieve Ward, Miss Edyth Olive,&#13;
Miss Marie Illington, Mr. Gerald Du Maurier, and&#13;
Miss Ethel Irving.&#13;
&#13;
oo ——_—_—&#13;
&#13;
PARIS NOTES.&#13;
&#13;
— +&#13;
&#13;
JOSE-MARIA DE HEREDIA, whose&#13;
recent death is so universally deplored,&#13;
had been a member of the French&#13;
&#13;
Academy since the year 1894. M. de Heredia’s&#13;
&#13;
literary celebrity was earned by his one volume of&#13;
   &#13;
&#13;
72&#13;
&#13;
absolutely perfect poems, “ Les T'rophées.” These&#13;
poems were the result of long years of patient&#13;
work, and the fame of some of the best-known ones&#13;
is world-wide. “ Fuite des Centaures,” ‘‘ Les Con-&#13;
quérants,” “ Soleil couchant,” “Soir de Bataille,”&#13;
and “Le vieil Orfévre,” are among those which&#13;
are most frequently quoted. M. de Heredia was&#13;
buried in the little cemetery of Bon Secours, near&#13;
Rouen. The President of the Socicté des Gens de&#13;
Lettres pronounced a farewell at the grave.&#13;
&#13;
The following are extracts from the funeral&#13;
oration :&#13;
&#13;
“ Messieurs, il y eut &amp; Paris un écrivain d’une&#13;
production si parfaite qu’elle signifie dans un seul&#13;
volume, et bien mieux qu’un amas de livres, le&#13;
labeur constant de lentes et patientes années : un&#13;
écrivain si passionnément épris de son art quwil put&#13;
justement relever la fiere devise de Ronsard :&#13;
&#13;
L’honneur sans plus du verd laurier m’agrée ...&#13;
&#13;
“Le temps de cet écrivain était, par conséquent,&#13;
précieux entre tous... . Pourtant, chaque fois&#13;
qu’un inconnu frappait 4 sa porte et lui disait :&#13;
‘Maitre, j’ai mis mon effort dans ces vers, dans&#13;
cette prose ; écoutez-moi, conseillez-moi,’ le grand&#13;
écrivain posait sa plume, souriait au néophyte, et&#13;
lui disait : ‘ Asseyez-vous et lisez. . . .’ La chose&#13;
lue était-elle indifférente ? il osait le dire, mais si&#13;
paternellement que la blessure était pansée aussitot&#13;
que faite. Si, par contre, il devinait des promesses&#13;
de talent, comme il savait, de sa voix chaude et&#13;
retentissante, conforter le poste, célébrer l’ceuvre,&#13;
aider A sa fortune !&#13;
&#13;
“ Messieurs, il y eut un tel écrivain 4 Paris. .&#13;
Nous ne savons pas s'il en existe un autre dune&#13;
Ame aussi généreuse, maintenant que José-Maria&#13;
de Heredia est mort... .&#13;
&#13;
“Voila pourquoi non seulement la gloire littéraire&#13;
de la France est aujourd’hui en deuil par ce deuil,&#13;
mais aussi, corporativement, tous les gens de&#13;
lettres. Ils ont perdu un de leurs protecteurs, un&#13;
de leurs guides, un de leurs parrains. Voila&#13;
pourquoi aussi leur Compagnie devait étre repré-&#13;
sentée ici et témoigner des rares vertus profession-&#13;
nelles du Maitre que nous pleurons.”&#13;
&#13;
“Au Pays de lHarmonie,” by M. Georges&#13;
Delbruck, is a novel written with the one aim and&#13;
object of exposing a philosophical doctrine, which&#13;
the author proposes later on to treat in further&#13;
detail. We are taken, in this book, to a land in&#13;
which the “struggle for life” is unknown, a land&#13;
where all things are beautiful, where the people&#13;
dwell together in perfect harmony and happiness.&#13;
A traveller from modern France arrives in this&#13;
wonderful country. He is a typical, up-to-date&#13;
sportsman and man of the world. He has done&#13;
everything, seen everything, been everywhere, and,&#13;
&#13;
THE AUTHOR.&#13;
&#13;
at the age of thirty, decides to make some great&#13;
discovery or bring out some marvellous invention.&#13;
His great difficulty is that in this present century&#13;
nearly everything has been discovered, there are&#13;
so few possibilities left for him. Finally he builds&#13;
an air-ship and on his trial journey in it discovers&#13;
the “Land of Harmony,” which is situated in the&#13;
very centre of Africa. He finds there a race of&#13;
people hundreds of years in advance of all Euro-&#13;
peans in matters of science and civilisation. The&#13;
watchwords of this extraordinary race are Beauty,&#13;
Harmony, and Love, and the inhabitants of this&#13;
wonderful country have attained to such perfection&#13;
by obeying the wishes and instructions of their&#13;
founder, Déon. The chapter containing these&#13;
commandments is one of the finest in the book.&#13;
Psychological, physiological end social problems&#13;
are all treated and new laws are laid down which&#13;
differ vastly from those now in vogue in many So-&#13;
called civilised countries of the present day.&#13;
Among the new precepts are the following : “ Ilne&#13;
faut ni punir, ni pardonner, il faut guérir. Il ne&#13;
faut pas critiquer, il faut créer; il ne faut pas&#13;
gémir, il faut produire; il ne faut pas réver, il&#13;
faut penser.” Lysias, one of the inhabitants of&#13;
this country, explains that while our revolutionists&#13;
have been fruitlessly endeavouring to suppress&#13;
wealth, his compatriots have effectually suppressed&#13;
&#13;
poverty, and that while, for twenty centuries, our&#13;
&#13;
activity has been employed in destroying our&#13;
fellow-creatures they have used their energy in&#13;
creating and improving. We have been making&#13;
of our earth a valley of tears, whilst they have&#13;
made of their land a wonderful garden of beauty,&#13;
harmony and love. Whilst we have been, and&#13;
still are, grovelling in superstition and ignorance&#13;
they have been climbing to the heights of ideal&#13;
beauty based on science, so that their life now is&#13;
glorious yet simple, whilst ours is dull, petty and&#13;
complex. The book is curious and original, full&#13;
of thought and ideas, and will no doubt be much&#13;
discussed here on account of its daring theories&#13;
and ideals.&#13;
&#13;
“Le Fardeau,” by Hugues Lapaire, is a study&#13;
of peasant life and psychology. Weare introduced&#13;
to the inhabitants of a certain country village in&#13;
the centre of France. The story is very true to&#13;
life; the primitive simplicity of these humble&#13;
people, their independence of character, the hard,&#13;
plain existence they lead, their every-day tasks,&#13;
their love affairs and their sorrows—everything is&#13;
touched upon with great delicacy and exactitude.&#13;
The “burden” to which the book owes its title is&#13;
the load on the conscience of a young peasant,&#13;
Claude Jacquet, who, in his anxiety to win the&#13;
woman whom in his rough way he adores, steals&#13;
the savings of an old peasant woman, and then&#13;
allows suspicion to rest upon an old man. The&#13;
&#13;
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 &#13;
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&#13;
THE AUTHOR. 73&#13;
&#13;
remorse and repentance are well depicted, and the&#13;
whole story is well told.&#13;
&#13;
“ Avant l’Amour,” by Mme. Marcelle Tinayre,&#13;
is another powerful novel by the author of “La&#13;
Maison du Péché.” Ever since the publication of&#13;
the latter book all novel readers have been&#13;
anxiously awaiting another work of equal charm&#13;
from the pen of the same writer. The present one&#13;
is strong, but not convincing, as there is much&#13;
that appears to be overdrawn.&#13;
&#13;
“Comment vout les Reines,” by Colette Yver, is&#13;
a story dedicated to wives of politicians who,&#13;
thanks to the pre-occupation of their husbands,&#13;
are doomed to a life of solitude.&#13;
&#13;
“Ta Valeur de la Science,” by M. Poincaré, of&#13;
the Institute of France, is an interesting book of&#13;
scientific philosophy.&#13;
&#13;
Among the new novels are “‘ Les Bonshommes en&#13;
Papier,” by M. Jules Perrin ; ‘“ Fumée d’Opium,”&#13;
by M. Claude Farrere ; “ Les Papiers Brilés,” by&#13;
M. Montégut; “Les Martyrs de Lyon,” by&#13;
M. Baumann: “La Conquéte de Paris,” by&#13;
M. Paul Segonzac ; “Le Précurseur” by M. Jacques&#13;
Fréhel ; “‘ Les Hannetons de Paris,” by M. Georges&#13;
Lecomte. Among other new books are “La&#13;
Comédie Protectionniste,’ by M. Yves Guyot ;&#13;
«Visite sur un Champ de Bataille,” by Maurice&#13;
Barres; ‘‘ Vers lHglise Libre,” by Julien de&#13;
Narfon ; “Les Noéls Frangais,” by M. Noél&#13;
Hervé.&#13;
&#13;
The following publications are shortly expected :&#13;
“Memoires de Granet,” by Ludovic Halévy ;&#13;
“Coeur de Josanne,” by Marcelle Tinayre ;&#13;
“ Jean d’Arc,” by Anatole France ; ‘‘ Balzac,” by&#13;
M. Brunetiére.&#13;
&#13;
The death of Jules Oppert is a great loss to the&#13;
Assyriologists—he was one of the four greatest&#13;
of our times. Sir Henry Rawlinson is generally&#13;
acknowledged to be the first. Fox Talbot and&#13;
Hincks are the other two.&#13;
&#13;
We are told in a French paper that a Biblio-&#13;
graphical Bureau has been founded in Rome. The&#13;
idea of it is to provide savants with information&#13;
they may require at the least possible expense.&#13;
The Bureau will, when required, supply a réswmé&#13;
of documents or manuscripts, and even send a&#13;
photograph of them if necessary. The director is&#13;
Professor Henri Celani.&#13;
&#13;
The question has been raised as to whether the&#13;
yearly prize given by the Académie Goncourt can&#13;
be awarded to M. Jules Huret for his book,&#13;
“New York 4 San Francisco.” The objection&#13;
brought forward is that this is not a work of&#13;
Mmagination, but it is said that M. Octave&#13;
Mirbeau is to plead in favour of M. Huret.&#13;
&#13;
In the Revue des Deux Mondes of November 1st,&#13;
M. de Vogiié writes on “ Les Villes Hanséatiques.”&#13;
&#13;
Tn a recent number of the Revue de Paris, the&#13;
&#13;
 &#13;
&#13;
“Lettres &amp; ma Niéce,” by Flaubert, give some&#13;
te details about that author’s work and&#13;
ife.&#13;
&#13;
In a recent number of the Revue des Deua&#13;
Mondes, Alfred Fouillée writes an able article on&#13;
“La Science des Mceurs.”&#13;
&#13;
At the Francais, M. Hervieu has read his three-&#13;
act play “ Le Reveil.” MM. Donnay is now finishing&#13;
his “ Paraitre,” and M. Bataille has a play to be&#13;
given this season entitled “ Potiche.”&#13;
&#13;
“La Vieillesse de Don Juan,” by Pierre Barbier&#13;
and Mounet-Sully, is not to be played at the&#13;
Frangais, as was at first thought.&#13;
&#13;
The Comédie-Frangaise celebrated recently the&#13;
twentieth anniversary of M. Jules Claretie’s&#13;
administration. It is generally acknowledged that&#13;
the post he holds is one of the most difficult, and&#13;
that it would be almost impossible to find in France,&#13;
at this moment, anyone to replace him.&#13;
&#13;
One of the events of the theatrical season has&#13;
been the representation of “ Les Bas-Fonds,” by&#13;
Gorki, at the theatre of L’Ciuvre with La Duse in&#13;
the principalvéle. “La Rafale,” by Henry Bernstein,&#13;
at the Gymnase, has certainly been the greatest&#13;
success hitherto of this season. It is an admirably&#13;
written play, and has been greatly appreciated by&#13;
the public.&#13;
&#13;
“Tia Marche Nuptiale,” by M. Henry Bataille,&#13;
has been given at the Vaudeville. It is a work&#13;
that would have been more convincing probably in&#13;
anovel. A young girl, of good family, elopes with&#13;
her music master. She marries him and lives in&#13;
Paris in poverty. She then visits one of her convent&#13;
friends whose husband makes love to her and pro-&#13;
poses a second elopement, upon which she commits&#13;
suicide.&#13;
&#13;
“ Bertrade,’ by M. Jules Lemaitre, has been&#13;
produced at the Renaissance, but is not a play&#13;
likely to hold the bill a long time.&#13;
&#13;
Mme. Rejane is to have a theatre of her own,&#13;
and will probably put on first a piece by M. Capus.&#13;
&#13;
M. Saint-Saéns has written the three acts of his&#13;
opera “ L’Ancétre,” which is to be staged during&#13;
the winter.&#13;
&#13;
For the Gaité, M. Bazin’s novel, “Les Oberlé,”&#13;
has been adapted for the stage by M. Haraucourt.&#13;
&#13;
Other plays announced at this theatre are&#13;
“T/Attentat,” by MM. Capus and Descaves, and&#13;
“‘ Qhantecler,” by M. Rostand.&#13;
&#13;
Among the new plays to be produced at the&#13;
Vaudeville are “Le Bourgeon,” by M. Georges&#13;
Feydeau, and “La Cousine Bette,” by Balzac,&#13;
adapted by M. Pierre Decourcelle.&#13;
&#13;
M. Antoine has a long list of pieces to produce,&#13;
some of which are ‘“‘L’Employé du Gaz,” by M.&#13;
Dieudonné ; “ Mile. Bourrat,” by M. Claude Anet,&#13;
and “ Vieil Heidelberg.”&#13;
&#13;
Auys HaLLarp.&#13;
SPANISH NOTES.&#13;
&#13;
+ —&#13;
&#13;
ON BENITO GALDOS has not been idle&#13;
during his so-called holiday in Cartagena,&#13;
for he has worked several hours every day at&#13;
&#13;
the correction of the proofs of his new novel,&#13;
“‘Qasandra,” which is written in the form of a&#13;
dialogue, like El Abuelo” ; andthe third and last&#13;
series of his “Episodios Nacionales” will appear&#13;
under the title of “Prim y La de los tristes&#13;
destinos.” The great author showed the genial&#13;
side of his nature by his visit to the Cacharreria,&#13;
which is a club for young people ; and, in con-&#13;
versation with a few friends, he has enjoyed the&#13;
fine sea view and the climate, which rivals that of&#13;
his native spot—the Canary Isles.&#13;
&#13;
Senor Palaeio Valdés seems also to have&#13;
mingled work with his recreation during the sum-&#13;
mer and autumn months at La Hendaye in the&#13;
Pyrenees, for he tells me that he is engaged on a&#13;
new novel, which will be published in the early&#13;
spring. The last romance of this popular novelist&#13;
is entitled “La Aldea Perdida” (“The Lost&#13;
Hamlet”), and it is with the pen of a true artist&#13;
that he describes the transformation of village life&#13;
and character, when the place falls into the hands of&#13;
amining company. The author’s rank in moral&#13;
philosophy, of which he is a great authority in&#13;
the Atheneum at Madrid, gives particular point&#13;
to the psychological side of his novels, and in&#13;
“The Aldea Perdida” this grip on the characters&#13;
gives an unusual interest to their evolution in the&#13;
stirring events recorded.&#13;
&#13;
To pass from the pen to the brush—and&#13;
as Valdés shows in his article on “ Art and&#13;
her Schools” (which I have just translated&#13;
into English), the two arts are closely related&#13;
it is in the studio of Lino Iborra that one&#13;
sees the high standard of modern Spanish art in&#13;
the hands of a first-rate painter. The artist’s&#13;
medals, and especially the Cross of Alfonso XII.,&#13;
prove that his work is much appreciated. His&#13;
“ Sheepfold” received high distinction at the last&#13;
exhibition at Munich, and although animals are&#13;
Iborra’s speciality, such figure paintings as&#13;
“Rachel,” “My Daughter's Death,” “Judas&#13;
Selling Jesus,” brought him renown ; whilst the&#13;
picture called “ The Master is Coming,” now hung&#13;
in the Exhibition of Modern Paintings in Madrid,&#13;
shows a further development in the painter’s&#13;
powers. The well-known Spanish novelist, Blasco&#13;
&#13;
 &#13;
&#13;
Ibafiez reveals a great power as an art critic in his&#13;
book called “En el pais del Arte” (“In the&#13;
Country of Art”), in which he gives an erudite&#13;
account of his three months’ tour in Italy. The&#13;
descriptions of the masterpieces of the country are&#13;
very forcible, and the interest of the book is&#13;
&#13;
THE AUTHOR.&#13;
&#13;
increased by his historical settings of his subject,&#13;
and the mention he makes of the great littérateurs&#13;
of the land down to Fernando de Amicis of the&#13;
present day, for whom he expresses great personal&#13;
admiration.&#13;
&#13;
The success of “ Aire de fuera,” on the boards&#13;
at Madrid, shows that the author, Linares-Rivas&#13;
Astray, is a first-class dramatist, for, although he&#13;
treats of ordinary “high life” in the Spanish&#13;
capital, it is the treatment of one who sees beneath&#13;
the surface of society.&#13;
&#13;
The recent visit of M. Loubet to Madrid was&#13;
not only the occasion of a gala evening at the&#13;
theatre, a review, etc., but the French President&#13;
was shown the palatial offices of the illustrated&#13;
paper, Blanco y negro, with its marble staircase,&#13;
frescoed reading-room and picture gallery, as well&#13;
as its printing machines of the latest inventions.&#13;
Moreover, as photography has made such strides&#13;
in Spain, Napoleon, the expert in cinematographic&#13;
views, gave an exhibition of subjects before&#13;
Alfonso XIII. and his distinguished French guest,&#13;
when the programme included a series of views&#13;
of the Lady Warwick College at Studley Castle,&#13;
during the visit of Colonel Figuerola Feretti,&#13;
when he was invited to inspect this system of&#13;
agricultural education. The King of Spain has&#13;
lately taken a fresh step for the advance of&#13;
natural science, by signing a royal decree for the&#13;
establishment of a biological laboratory on the&#13;
coast of Morocco, more especially for the study&#13;
of the fauna and flora peculiar to those parts.&#13;
Moreover, it is understood that it is at the desire&#13;
of King Alfonso that the Ministry of Agriculture&#13;
is about to organise a course of agricultural study&#13;
for soldiers whilst in active service, so that they&#13;
will be better equipped for their lives on the land&#13;
when their time in the army is over.&#13;
&#13;
The Spaniards are certainly appreciative of&#13;
clever women, for they are taking steps to erect a&#13;
monument to the well-known authoress, Emilia&#13;
Pardo Bazan, and various important literary&#13;
centres are organising a commission to carry out&#13;
the idea. Further recognition of woman’s work&#13;
has been shown by Sefiora Carmen Burgos de Segiii,&#13;
the foremost lady journalist in Spain, being com-&#13;
missioned by the Minister of Education in Madrid&#13;
to visit all the most important centres of woman’s&#13;
education on the Continent, and these reports are&#13;
not only made officially to her native land, but&#13;
they are also published in her Spanish newspaper,&#13;
El diario Universel de Madrid. The country-&#13;
women of the Spanish writer are now hearing of&#13;
her experiences in France ; and it will not be&#13;
long before they read in the Spanish Press the&#13;
impressions she will receive on woman’s work&#13;
in England.&#13;
&#13;
RACHEL CHALLICE.&#13;
&#13;
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ay&#13;
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 &#13;
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an&#13;
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pt&#13;
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&#13;
THE AUTHOR. 75&#13;
&#13;
GERMAN LAW RESPECTING PUBLISHERS’&#13;
RIGHTS AND CONTRACTS.&#13;
&#13;
—&#13;
Section 1.&#13;
FYF\HE author under agreement with the pub-&#13;
[' lisher relating to a work of literature or&#13;
music is bound to hand over to the pub-&#13;
lisher the work to be reproduced or distributed by&#13;
the publisher. The publisher is bound to reproduce&#13;
and distribute the work.&#13;
&#13;
Section 2.&#13;
&#13;
The author must not during the continuance of&#13;
the contract reproduce or distribute the work so&#13;
far as such reproduction or distribution is forbidden&#13;
to a third party as long as the copyright lasts.&#13;
&#13;
Nevertheless the privilege of reproduction and&#13;
distribution remains with the author for :&#13;
&#13;
1. The translation into another language or&#13;
another dialect.&#13;
&#13;
2. The rendering of a story in dramatic form or&#13;
a stage play in the form of a story.&#13;
&#13;
3. The elaboration of a musical work, as long as&#13;
it is not merely an extract, or a transposition into&#13;
another key, or an arrangement for another voice&#13;
(Tonart oder Stimmlage).*&#13;
&#13;
The author is also privileged to reproduce and&#13;
distribute a work in a collected edition (Gesammt-&#13;
ausgabe) when twenty years have elapsed, reckon-&#13;
ing from the end of the calendar year in which&#13;
the work was published.&#13;
&#13;
Section 3.&#13;
Articles inserted in a collective work for which&#13;
an author is not entitled to obtain remuneration,&#13;
can be used by him elsewhere as soon as a year has&#13;
&#13;
elapsed, reckoning from the end of the calendar&#13;
year in which they appeared.&#13;
&#13;
Section 4.&#13;
&#13;
The publisher is not entitled to make use of a&#13;
single work in an edition of collected works, nor of&#13;
a collective work or portions either of an edition of&#13;
collected works or of a collective work for a&#13;
separate edition. In so far, however, as such use&#13;
of the works is free to everyone during the duration&#13;
of copyright it is free to the publisher.&#13;
&#13;
Section 5.&#13;
&#13;
The publisher is only entitled to one edition.&#13;
If the right of preparing several editions is granted&#13;
him, then in case of doubt the same agreement&#13;
holds good for every new edition as for the one&#13;
above mentioned.&#13;
&#13;
If the number of copies is not specified then&#13;
the publisher has the right of producing 1,000&#13;
&#13;
* German musical authorities are doubtful as to the&#13;
exact legal interpretation of these two words.&#13;
&#13;
 &#13;
&#13;
copies. If the publisher, before reproduction has&#13;
commenced, has by agreement with the author&#13;
fixed the number of the edition at less than 1,000&#13;
copies, then the publisher is only entitled to pro-&#13;
duce an edition of the number agreed,&#13;
&#13;
Section 6.&#13;
&#13;
The customary “extra copies” are not reckoned&#13;
in the number of the edition agreed upon. The&#13;
same holds good of free copies as long as their&#13;
number does not exceed the twentieth part of the&#13;
edition agreed upon. ‘ Extra copies” which have&#13;
not been used for replacing or completing those&#13;
that happen to be damaged may not be distributed&#13;
by the publisher.&#13;
&#13;
Section 7.&#13;
&#13;
If the copies which the publisher has in his&#13;
warehouse are destroyed he can replace them by&#13;
others ; but he must first give notice to the author.&#13;
&#13;
Section 8.&#13;
&#13;
So far as the author under sections 2—7 is pledged&#13;
not to reproduce and distribute and to concede&#13;
reproduction and distribution to the publisher, so&#13;
far is he bound to procure for the publisher the&#13;
exclusive right of reproduction and publication in&#13;
the absence of any agreement to the contrary in the&#13;
contract.&#13;
&#13;
Section 9.&#13;
&#13;
The right of publication (Verlagsrecht) begins&#13;
with the delivery of the work to the publisher, and&#13;
ends with the termination of the contract.&#13;
&#13;
As long as the protection of the publishing con-&#13;
tract demands it the publisher can put into force&#13;
against the author, as well as against a third&#13;
person, those privileges which are provided by the&#13;
law for the protection of copyright.&#13;
&#13;
Section 10.&#13;
&#13;
The author is bound to hand the work to the&#13;
publisher in a condition fit for reproduction.&#13;
&#13;
Section 11.&#13;
&#13;
If the contract with the publisher refers to a&#13;
work already completed, then the work must be&#13;
handed over immediately. If the work is to be&#13;
produced only after the signing of the contract,&#13;
the date of its delivery is to be determined by the&#13;
scope of the work. If that, however, in no way&#13;
determines the date, the period shall be reckoned&#13;
by the time within which the author, according to&#13;
his circumstances, shall be able to produce the&#13;
work. Other engagements of the author are only&#13;
left out of consideration in reckoning the period if&#13;
the publisher at the time of signing the contract&#13;
neither knew nor could know of them.&#13;
    &#13;
&#13;
76&#13;
&#13;
Section 12.&#13;
&#13;
The author is entitled to make alterations in the&#13;
work until the completion of the reproduction.&#13;
Before the preparation of a new edition the pub-&#13;
lisher must afford the author opportunities of&#13;
revision. Alterations are permissible only to such&#13;
an extent as shall not injure the just interests of&#13;
the publisher. The author may have the altera-&#13;
tions made by a third person.&#13;
&#13;
If the author, after the beginning of the repro-&#13;
duction, makes alterations which exceed the ordi-&#13;
nary usage, he is bound to detray the consequent&#13;
expenses. He is not under an obligation to do&#13;
this in a case where the circumstances necessitating&#13;
the alterations have occurred since the completion&#13;
of the work.&#13;
&#13;
Section 13.&#13;
&#13;
The publisher may not make abbreviations or&#13;
alterations either in the work itself or in the title&#13;
or in the descriptions of the author.&#13;
&#13;
Alterations to which the author cannot fairly&#13;
and honestly refuse his consent are permissible.&#13;
&#13;
Section 14.&#13;
&#13;
The publisher is bound to reproduce and dis-&#13;
tribute the work in a suitable form and in the&#13;
customary manner. The form and the appearance&#13;
of the copies shall be determined by the publisher&#13;
in accordance with the customs of the book trade,&#13;
and also with due consideration of the aim and&#13;
contents of the book.&#13;
&#13;
Section 15.&#13;
&#13;
The publisher must begin the reproduction as&#13;
soon as he has received the completed work. If&#13;
the work appears in parts, the reproduction must&#13;
begin as soon as the author has delivered a part&#13;
destined to appear in the regular order.&#13;
&#13;
Section 16.&#13;
&#13;
The publisher is bound to produce the number&#13;
of copies which he is entitled to produce according&#13;
to the contract or according to section 5. He&#13;
must take such measures in good time as will&#13;
provide against the stock being sold out.&#13;
&#13;
Section 17.&#13;
&#13;
A publisher who has the right of producing a&#13;
new edition, is not bound to avail himself of this&#13;
right. The author can fix a time for the exercise&#13;
of this right. On the termination of the time&#13;
fixed the author is entitled to cancel the contract&#13;
if the production has not taken place. If the&#13;
publisher has refused to reproduce the author need&#13;
not fix a time.&#13;
&#13;
Section 18.&#13;
&#13;
If after signing the contract the purpose which&#13;
the work was to serve does not exist, the publisher&#13;
can cancel the agreement. The author’s right to&#13;
&#13;
THE AUTHOR.&#13;
&#13;
remuneration remains unaltered. The same holds&#13;
good when the subject of an agreement is a con-&#13;
tribution to a collective work and the reproduction&#13;
of the collective work does not take place.&#13;
&#13;
Section 19.&#13;
&#13;
If fresh copies of a collective work are produced&#13;
then the publisher is entitled with the consent of&#13;
the editor to leave out single contributions.&#13;
&#13;
Section 20.&#13;
The publisher must provide for corrections. He&#13;
must supply the author in good time with one&#13;
roof for correction. The proof counts as approved&#13;
if the author does not within a stated period&#13;
notify the publisher of his objections.&#13;
&#13;
Section 21.&#13;
&#13;
The publisher has the right to fix the published&#13;
price at which the work shall be sold in the case&#13;
of every edition. He may lower the price as long&#13;
as the just interests of the author are not injured&#13;
thereby. For the raising of the price the consent&#13;
of the author is necessary always.&#13;
&#13;
Section 22.&#13;
&#13;
The publisher is bound to pay the author the&#13;
stipulated remuneration. Remuneration is to be&#13;
considered as tacitly implied when the circum-&#13;
stances show that it could not be expected that the&#13;
work should be handed over without remuneration.&#13;
&#13;
Tf the amount of the remuneration is not stated,&#13;
an equitable payment in money is to be regarded&#13;
as agreed upop.&#13;
&#13;
Section 23.&#13;
&#13;
Remuneration is to be paid upon delivery of the&#13;
work. If the amount of the remuneration is not&#13;
fixed, or depends upon the dimensions of the&#13;
published work, in particular upon the number of&#13;
sheets, then the remuneration is due when the&#13;
work appears.&#13;
&#13;
Section 24.&#13;
&#13;
When the remuneration depends upon the sale,&#13;
the publisher must annually present the author&#13;
with an account for the previous commercial year,&#13;
and permit him to examine his books, so far as&#13;
may be necessary for the verification of the account.&#13;
&#13;
Section 25.&#13;
&#13;
The publisher of a literary work is bound to&#13;
send the author one free copy for every hundred&#13;
copies printed; but under no circumstances less&#13;
than five, or more than fifteen. He is also bound&#13;
to deliver the author on his demand one proof&#13;
copy. The publisher of a musical work is also&#13;
bound to send the author the customary number&#13;
of free copies.&#13;
&#13;
In the case of articles appearing in collective&#13;
works separate reprints may be sent as free copies.&#13;
&#13;
 &#13;
 &#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
THE AUTHOR. 77&#13;
&#13;
Section 26.&#13;
&#13;
The publisher must, at the author’s request,&#13;
supply him with copies of the work which are at&#13;
his disposal, at the lowest trade price.&#13;
&#13;
Section 27.&#13;
&#13;
The publisher is bound to restore the manu-&#13;
script of the work to the author as soon as the&#13;
work has been reproduced, provided that the&#13;
author has stipulated for this return of the manu-&#13;
script before the beginning of the reproduction.&#13;
&#13;
Section 28.&#13;
&#13;
In the absence of special agreement to the con-&#13;
trary between the publisher and the author, the pub-&#13;
lisher’s rights are assignable. But the publisher&#13;
cannot, without the consent of the author, assign&#13;
his rights under a contract which is only con-&#13;
cluded with reference to separate works. Consent&#13;
cannot be unreasonably withheld. If the pub-&#13;
lisher demands a declaration from the author of&#13;
his consent this is regarded as given if the author&#13;
has not declared his refusal within two months&#13;
after the receipt of the demand from the publisher.&#13;
&#13;
The reproduction and distribution of the work,&#13;
which are the publisher’s duty, can be effected by&#13;
his assignee. In the case when the publisher’s&#13;
assignee makes himself responsible to the pub-&#13;
lisher for reproduction and distribution of the&#13;
work, he becomes also, together with the publisher,&#13;
jointly liable to the author for the performance of&#13;
all the obligations under the contract. At the&#13;
same time the obligation does not extend to the&#13;
payment of damages already accrued due.&#13;
&#13;
Section 29.&#13;
&#13;
If the publisher’s agreement is confined to a&#13;
definite number of editions or of copies, the con-&#13;
tract ceases when the editions or vopies are&#13;
exhausted.&#13;
&#13;
The publisher is bound to inform the author, at&#13;
the latter’s request, if the single edition or the&#13;
specified number of copies is exhausted.&#13;
&#13;
If the agreement is concluded for a definite&#13;
time, then at the expiration of this time the pub-&#13;
lisher is not entitled to distribute the remaining&#13;
copies.&#13;
&#13;
Section 30.&#13;
&#13;
If the work is not, either wholly or in part,&#13;
delivered at the specified time, the publisher can,&#13;
instead of insisting on his right to demand the&#13;
fulfilment of his contract, fix a certain reasonable&#13;
time for the delivery of the work by the author,&#13;
and give notice that after the expiration of this&#13;
_time he will refuse to accept the work. If, even&#13;
before the date at which the work ought (in con-&#13;
formity with the contract) to be delivered, it&#13;
&#13;
 &#13;
&#13;
appears it will not be delivered, then the publisher&#13;
may immediately mention the extension of time&#13;
allowable. The period must be so calculated that&#13;
it does not expire before the date originally fixed,&#13;
At the expiration of this extension of time, if the&#13;
work has still not been delivered, the publisher&#13;
has the right to cancel the contract, but not to&#13;
demand that the work shall be delivered to him.&#13;
&#13;
This extension of time is unnecessary when it is&#13;
impossible to produce the work within the period,&#13;
or when the author refuses to produce the work,&#13;
or when the immediate cancellation of the agree-&#13;
ment is justified by some particular interest of the&#13;
publisher’s. Cancellation of the agreement is&#13;
forbidden when it is clear that non-delivery of the&#13;
work at the time specified causes the publisher&#13;
merely an insignificant loss.&#13;
&#13;
These regulations do not affect the rights which&#13;
belong to the publisher when the author does not&#13;
deliver the work in proper time.&#13;
&#13;
Section 31.&#13;
&#13;
The regnlations of section 30 also apply when&#13;
the work does not present the qualities stipulated&#13;
for in the agreement.&#13;
&#13;
In the case where the failure is due to circum-&#13;
stances under the control of the author, the pub-&#13;
lisher, instead of cancelling the contract conform-&#13;
able with section 30, has the right to proceed for&#13;
damages for non-fulfilment of contract.&#13;
&#13;
Section 32.&#13;
&#13;
If the work has not been produced and dis-&#13;
tributed in accordance with the contract, the&#13;
regulations of section 30 are by analogy applicable&#13;
in favour of the author.&#13;
&#13;
Seclion 88,&#13;
&#13;
If the work is accidentally destroyed after having&#13;
been delivered to the publisher, the author retains&#13;
his right to remuneration. In other respects the&#13;
parties are released from their contract.&#13;
&#13;
Nevertheless the author is bound at the demand&#13;
of the publisher to deliver, for a reasonable con-&#13;
sideration, another work identical in its essential&#13;
parts with the first, if he can re-write the work&#13;
without too great difficulty, with the assistance of&#13;
his preparatory notes, or of other materials. If&#13;
the author offers to deliver gratuitously a similar&#13;
work within a reasonable period, the publisher is&#13;
bound to reproduce and distribute it in place of&#13;
the work which has perished. Hither party can&#13;
also claim these rights when the work, after having&#13;
been delivered, has perished in consequence of an&#13;
act for which the other party was responsible.&#13;
The fact that the publisher has been placed in a&#13;
position to accept delivery of the work is equivalent&#13;
to its delivery.&#13;
    &#13;
&#13;
78&#13;
&#13;
Section 34.&#13;
&#13;
If the author dies before he has finished the&#13;
work, and a portion of the work has been delivered&#13;
to the publisher, the publisher has the right to&#13;
maintain his contract (so far as the part delivered&#13;
is concerned) by a declaration addressed to the&#13;
heirs of the author.&#13;
&#13;
The heir can appoint the publisher a reasonable&#13;
period for the exercise of the right mentioned in&#13;
the previous paragraph. This right expires if the&#13;
publisher does not, before the end of this period,&#13;
state his intention of maintaining his agreement.&#13;
These regulations apply in like manner if the&#13;
completion of the work is impossible in consequence&#13;
of some other circumstance for which the author&#13;
is not responsible.&#13;
&#13;
Section 35.&#13;
&#13;
Up to the beginning of the reproduction the&#13;
author is entitled to withdraw from the contract&#13;
if circumstances arise which could not be foreseen&#13;
on the signing of the contract, and which would&#13;
have stopped the author from publishing the work,&#13;
after he had known the circumstances and fully&#13;
considered the case. If the publisher is entitled&#13;
to produce another edition, then these regulations&#13;
will also apply for the new edition. If the author&#13;
cancels the agreement on the grounds set forth in&#13;
paragraph 1 then he is bound to remunerate the&#13;
publisher for the expenses he has incurred.&#13;
&#13;
If he publishes the work elsewhere, in the course&#13;
of a year after cancellation, then he is bound to&#13;
pay damages for non-fulfilment of contract, except&#13;
in the case when the author has proposed to the&#13;
publisher that he should ultimately execute the&#13;
agreement, and the publisher has refused this&#13;
proposition.&#13;
&#13;
Section 36.&#13;
&#13;
(This section refers to the bankruptcy of a pub-&#13;
lisher and the legal position of his trustee or&#13;
assignee.)&#13;
&#13;
. Section 37.&#13;
&#13;
The regulations dealing with the right of&#13;
cancellation of contracts under sections 346 to 356&#13;
of the Civil Code apply equally by analogy to the&#13;
right to cancel a publisher’s contract in sections 17,&#13;
30, 35, 36. If the motive for cancellation is a&#13;
circumstance for which the other contracting party&#13;
is not responsible the responsibility will be deter-&#13;
mined according to the regulations relative to&#13;
restitution on account of any advantage unlawfully&#13;
allowed.&#13;
&#13;
Section 38.&#13;
When the agreement is cancelled after delivery&#13;
&#13;
of the whole or a part of the work, then it will&#13;
depend on the circumstances whether the contract&#13;
&#13;
THE AUTHOR.&#13;
&#13;
shall be held to be binding in part. It makes no&#13;
difference whether the cancelling takes place in&#13;
consequence of the Act, or in consequence of a&#13;
clause in the contract. In case of doubt the con-&#13;
tract will be binding in so far as it applies to&#13;
copies which are no longer at the disposal of the&#13;
publisher, to earlier portions of the work, or to&#13;
editions which have already appeared.&#13;
&#13;
In go far as the agreement is binding, the author&#13;
may claim a corresponding part of the proceeds of&#13;
sale, These regulations can be applied also when&#13;
the contract is cancelled in any other manner.&#13;
&#13;
Section 39.&#13;
&#13;
If agreement is made concerning a non-copyright&#13;
work the author is not bound to secure to the&#13;
publisher the rights of publication.&#13;
&#13;
Nevertheless if the author fraudulently conceals&#13;
from the publisher the fact that the work has been&#13;
previously published elsewhere, then by analogy&#13;
the regulations of the Civil Code are applicable,&#13;
which declares the vendor responsible for the&#13;
non-existence of the rights transferred.&#13;
&#13;
The author must abstain from reproducing and&#13;
distributing the work in conformity with the&#13;
provisions of section 2 exactly as if a copyright&#13;
existed. This restriction ceases six months after&#13;
the publication of the work by the publisher.&#13;
&#13;
Section 40.&#13;
&#13;
In the case of section 39 the publisher has in&#13;
common with any third person, the right to&#13;
reproduce the work which he has published, either&#13;
with or without alterations. This regulation does&#13;
not, however, apply if according to the agreement&#13;
the production of new editions or of more copies&#13;
depends upon special payments.&#13;
&#13;
Section 41.&#13;
&#13;
In the absence of any regulations of sections 42&#13;
to 46 to the contrary the regulations of this law&#13;
are applicable when articles are accepted with a&#13;
view to publishing in a newspaper, a review or any&#13;
other periodical collective work.&#13;
&#13;
Section 42.&#13;
&#13;
As long as circumstances do not prove that the&#13;
publisher is to receive the exclusive rights of&#13;
reproduction and distribution. The author retains&#13;
the right freely to dispose of his article. :&#13;
&#13;
After the publisher has acquired the exclusive&#13;
right of reproduction and distribution of such an&#13;
article, the author can freely dispose of it after the&#13;
expiration of one calendar year from the date of&#13;
publication. If the article is destined for a news-&#13;
paper then the author has this privilege (of freely&#13;
disposing) as soon as it is published.&#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
 &#13;
 &#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
THE AUTHOR.&#13;
&#13;
Section 48.&#13;
&#13;
No restriction is laid upon the publisher respect-&#13;
ing the number of copies of articles for a collective&#13;
work. The regulations of section 20 Div. 1&#13;
Sentence 2 do not apply.&#13;
&#13;
Section 44.&#13;
&#13;
When the article appears without the author's&#13;
name, the publisher is entitled to make in the text&#13;
such alterations as it is usual to make in collective&#13;
works of the same description.&#13;
&#13;
Section 45.&#13;
&#13;
If the article has not been published within one&#13;
year from the date of its delivery to the publisher,&#13;
the author can cancel the contract. The author’s&#13;
right to remuneration remains intact.&#13;
&#13;
A claim to reproduction and distribution of the&#13;
article, or for damages on account of non-fulfil-&#13;
ment, is only due to the author if the period of&#13;
time in which the article should be published, has&#13;
been fixed by the publisher.&#13;
&#13;
Section 46.&#13;
&#13;
If the article appears in a newspaper the author&#13;
cannot claim free copies. The publisher is not&#13;
bound to accord the author copies at the usual&#13;
trade price.&#13;
&#13;
Section 47.&#13;
&#13;
If anyone undertakes to create a work in accor-&#13;
dance with a plan which the person giving the&#13;
commission describes exactly, determining both&#13;
the contents of the work, and the manner in which&#13;
the subject shall be treated in case of doubt, the&#13;
person giving the commission is not bound to&#13;
reproduce and distribute the work.&#13;
&#13;
The same rule applies when the work of the&#13;
author consists in collaboration in the production&#13;
of encyclopeedias, or in auxiliary or supplementary&#13;
labours for the works of others, or for a collective&#13;
work.&#13;
&#13;
Section 48.&#13;
&#13;
The provisions of this law also apply when the&#13;
person who makes the contract with the publisher&#13;
is not the author.&#13;
&#13;
Section 49.&#13;
&#13;
In civil actions, in which by claim or counter-&#13;
claim, a right is made valid on the basis of the&#13;
regulations of this law, the final appeal and&#13;
decision lie within the jurisdiction of the Supreme&#13;
Court of the Empire in accordance with Section 8&#13;
of the law dealing with judicial organisation.&#13;
&#13;
Translated from the German by&#13;
Go. i. 7.&#13;
&#13;
19&#13;
PROPERTY IN A “NOM DE PLUME,”&#13;
&#13;
1&#13;
COUNSEL’S OPINION.&#13;
&#13;
N the November number of The Author it&#13;
I was stated that the committee had decided at&#13;
their meeting in October to take counsel’s&#13;
opinion on the question of an author’s property in&#13;
a nom de plume, and, further, that as counsel’s&#13;
opinion had been in favour of the member’s con-&#13;
tention of her right of property, the committee of&#13;
the society had decided to take the matter up.&#13;
When the solicitors of the society wrote to the&#13;
editor of the offending paper, he at once, on his&#13;
attention being drawn to the point, frankly and&#13;
courteously consented to withdraw the heading of&#13;
the column which was the cause of complaint, and&#13;
the matter thus terminated satisfactorily, without&#13;
the necessity of any further action. For some&#13;
reasons we regret that no legal decision was come&#13;
to, as the point—the property that it is possible to&#13;
acquire in a name—is one of great importance to&#13;
all authors, whether they write under a nom de&#13;
plume or not. As it is not at all unlikely that the&#13;
same question may arise from time to time, the&#13;
case as laid before counsel, together with his&#13;
opinion on the points put forward, is printed&#13;
below.&#13;
CASE.&#13;
&#13;
Mrs. W. Desmond Humphreys is a novelist who&#13;
has, during the last twenty-five years, written a&#13;
large number of books under the nom de plume of&#13;
“ Rita,” which has become in consequence a very&#13;
well-known name amongst readers generally.&#13;
&#13;
Mrs. Humphreys has written some fifty-two&#13;
novels under this name.&#13;
&#13;
A list of the chief ones will be found under the&#13;
entry “ Rita,” in “ Who’s Who ?” for 1905.&#13;
&#13;
There can, we believe, be no doubt that the&#13;
name of “Rita” is widely associated with Mrs.&#13;
Humphreys’ work, that when the name is used in&#13;
newspapers and elsewhere Mrs. Humphreys is the&#13;
person intended to be referred to, and that it is of&#13;
distinct pecuniary value in literary and journalistic&#13;
circles; what may be called Mrs. Humphreys’&#13;
literary “ good-will’? having become attached to it.&#13;
On the other hand it is, we believe, a not uncommon&#13;
name, and cannot, we think, be regarded as in any&#13;
sense a “fancy ” or invented word.&#13;
&#13;
Mrs. Humphreys has been a good deal annoyed&#13;
of late by the publication in a provincial journal&#13;
of a “ children’s page,” purporting to be conducted&#13;
by “ Rita.” Mrs. Humphreys says she is constantly&#13;
being told that she writes in this paper—a report&#13;
which is at once annoying and calculated also to&#13;
injure her literary reputation, and consequently, in&#13;
 &#13;
&#13;
80&#13;
&#13;
the long run, her pecuniary results also, which ulti-&#13;
mately depend largely upon that reputation. The&#13;
question arises, whether Mrs. Humphreys can in&#13;
any way prevent this annoyance and the use of her&#13;
name ?&#13;
&#13;
The answer to this question depends, we&#13;
suppose, upon the same principles as those which&#13;
have been applied in the case of trade names&#13;
generally, though there are some practical differ-&#13;
ences in applying those principles to the profession&#13;
of authorship. We suggest that if an author&#13;
writes and acquires a reputation under an invented&#13;
and fancy name he would be able to protect&#13;
himself against the use of that name unfairly by&#13;
other authors. Further, we submit that the fact&#13;
of an author using a name already known does not&#13;
alter his rights, save, of course, that no other person&#13;
could we suppose be prohibited from writing under&#13;
his own name. Upon these principles we should&#13;
suggest that if any other person published a novel&#13;
simply as by “ Rita,” as she could easily distinguish&#13;
her work by adding her surname, according to the&#13;
ordinary practice, she would equally be restrained&#13;
from using the word “ Rita” alone. As regards&#13;
this user in a newspaper, the question presents&#13;
perhaps rather greater difficulty, but Mrs.&#13;
Humphreys has, for the last ten years, constantly&#13;
written under the name “Rita” in a_ large&#13;
number of newspapers, and her name is well&#13;
known.&#13;
&#13;
Tt is, no doubt, the usual practice to write&#13;
“children’s pages” in newspapers under some&#13;
fancy or other name than that of the person&#13;
writing. The full name of the writer is seldom&#13;
ised. Some name is chosen, either the writer’s&#13;
own, or more commonly some other. ‘The name&#13;
in this case is, we expect, so far as the author of&#13;
the page is concerned, a fancy name, and if so,&#13;
why have chosen “ Rita” ?&#13;
&#13;
There may have been no intention to mislead&#13;
anyone, but we take it an innocent intention is not&#13;
sufficient.&#13;
&#13;
The question is, have Mrs. Humphreys’ rights&#13;
in the name of “ Rita” been infringed in fact ?&#13;
Mrs. Humphreys is as well known as a journalist&#13;
under the name “ Rita” as a novelist, so that the&#13;
fact of the name being used for newspaper work&#13;
as distinguished from novels could not be made&#13;
use of, We suggest, therefore, that in this case&#13;
also Mrs. Humphreys would have a remedy by&#13;
injunction to prevent this writer from trading on&#13;
«“ Rita’s” literary reputation.&#13;
&#13;
Counsel is desired to advise Mrs. Humphreys :&#13;
&#13;
1. Whether she can restrain the writer in the&#13;
provincial journal from conducting the “ children’s&#13;
page” under the name “ Rita,” and the proprietors&#13;
from permitting such user ; or whether she has any&#13;
other and what remedy in the matter ?&#13;
&#13;
THE AUTHOR.&#13;
&#13;
2. Whether, if another writer published a novel&#13;
in ordinary book form, under the name of “ Rita,”&#13;
he could be restrained from such user of the name ?&#13;
&#13;
3. Generally, whether Mrs. Humphreys has&#13;
acquired any and what rights in the name “ Rita?”&#13;
&#13;
OPINION.&#13;
&#13;
In my opinion, where an author has gained a&#13;
reputation for his works, and has become known to&#13;
the public under a nom de plume as the writer of&#13;
such works, he has the right to prevent any other&#13;
person from holding out to the world that such&#13;
author is the writer of literary matter which he&#13;
never wrote. If it were otherwise, writers of&#13;
inferior merit would be able to put their composi-&#13;
tions before the public under the names of writers&#13;
of high standing and authority, and thereby per-&#13;
petuate a fraud, not only on the writer whose&#13;
name is used, but also on the public. ;&#13;
&#13;
I further think that the principles which govern&#13;
cases of trade names generally are applicable to&#13;
this case.&#13;
&#13;
The law on the subject is very pithily put by Lord&#13;
Halsbury, L.C., in Reddaway v. Banham ( [1896]&#13;
A. C., p. 204), where he says, * The principle of&#13;
law may be very plainly stated, and that is, that&#13;
nobody has any right to represent his goods as the&#13;
goods of somebody else.” In Lord Byron v. John-&#13;
stone (2 Merivale, 29) the defendant was restrained&#13;
from advertising for sale certain poems, which he&#13;
represented by the advertisement to be the work&#13;
of Lord Byron when such was not the case. In&#13;
Besant v. Moffat and Paige (84 L. T. Journal, 152),&#13;
upon an application for an interim injunction, it&#13;
was held that the publisher was wrong in repre-&#13;
senting that a book was written by Sir Walter&#13;
Besant when it had not been written by him, but&#13;
upon the defendant undertaking to block out the&#13;
words objected to no order was made on the&#13;
motion.&#13;
&#13;
In view of these cases, and the case of Metzler v.&#13;
Wood (L. R. 8 ©. D. 606), I think it is clear that&#13;
if Mrs. Humphreys had written her books and&#13;
articles in her own name, she would be entitled to&#13;
restrain anyone else from using her name, as the&#13;
writer of works which were not hers, in such a&#13;
manner as would be calculated to deceive persons&#13;
into the belief that they were Mrs. Humphreys’&#13;
works.&#13;
&#13;
T have not been able to find any English case&#13;
where the writer has used a “nom de plume,” but&#13;
in my opinion the user would not alter the prin-&#13;
ciples to be applied.&#13;
&#13;
There are, however, two American cases upon&#13;
the subject, viz., Clemens v. Such (Sebastian’s&#13;
Digest, 429) and Clemens v. Belford (11 Biss. 459).&#13;
In the first case it was held that the plaintiff,&#13;
&#13;
 &#13;
 &#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
THE AUTHOR. 81&#13;
&#13;
whose works were published under the “nom de&#13;
plume” of Mark Twain, was entitled to restrain&#13;
the unauthorised use of that name by another&#13;
person.&#13;
&#13;
In the second case, it was held that an author&#13;
who is known to the public under a “nom de&#13;
plume” has the right to prevent the publication&#13;
of matter which he did not write, in connection&#13;
with his “nom de plume” and purporting to be&#13;
written by him.&#13;
&#13;
Of course, the American decisions are not binding&#13;
on the English courts, but in my view they were&#13;
correctly decided in accordance with the principles&#13;
of English law.&#13;
&#13;
In all cases of this description the plain-&#13;
tiff must, of course, show that deception is&#13;
probable, but in the present I do not think the&#13;
Court would have much difficulty in arriving at&#13;
such a conclusion. The Judge, however, cannot&#13;
act on the mere view, but he must be satisfied by&#13;
independent evidence that there is at least a&#13;
reasonable probability of deception (London General&#13;
Omnibus Co. v. Lavell [1901] 1 Ch. 185). There&#13;
ought to be no difficulty in getting this evidence,&#13;
as | understand from my instructions that Mrs.&#13;
Humphreys is being constantly told that she&#13;
writes for the provincial journal. I think it is&#13;
immaterial whether or not the writer in the pro-&#13;
vincial journal used the name fraudulently (see Worth&#13;
Cheshire and Manchester Brewery Co. v. Manchester&#13;
Brewery Co. [1899] A. C. 83), although if it should&#13;
be proved that the writer has assumed the name of&#13;
“Rita,” it would be almost sufficient evidence of&#13;
fraud if taken alone (see per Turner, L.J., in Burgess&#13;
v. Burgess, 3 De G. M. &amp; G. 896).&#13;
&#13;
Assuming that the facts which I have indicated&#13;
above can be proved, I am of opinion that :&#13;
&#13;
1. Mrs. Humphreys can restrain the writer in the&#13;
provincial paper from conducting the “ children’s&#13;
page,” under the name of “ Rita,” and the pro-&#13;
prietors from permitting such user.&#13;
&#13;
She is also entitled to damages, but most&#13;
probably they would be only nominal, as it would&#13;
be very difficult to prove any specific damage.&#13;
&#13;
2 and 3. Mrs. Humphreys can restrain any&#13;
person from using the nom de plume of “ Rita”&#13;
to any literary work, which has not been written&#13;
by Mrs. Humphreys, in any manner as is calculated&#13;
to deceive persons into the belief that it is the work&#13;
of Mrs. Humphreys.&#13;
&#13;
Lastly, before taking any proceedings against&#13;
either the writer in the provincial journal or the&#13;
proprietors thereof, a letter should be written&#13;
asking them to discontinue the use of the name&#13;
* Rita.”&#13;
&#13;
W. OuiverR Hones.&#13;
1, King’s Bench Walk,&#13;
Temple, E.C.&#13;
&#13;
MAGAZINE CONTENTS.&#13;
&#13;
od&#13;
&#13;
BOOKMAN.&#13;
Geo. Macdonald. By James Moffatt.&#13;
&#13;
Book MONTHLY.&#13;
&#13;
The Modern Novel. By Hubert Bland.&#13;
A Literary Peer.&#13;
&#13;
CHAMBERS’ JOURNAL.&#13;
With Coleridge at Samuel Rogers’. By Robert McClure.&#13;
&#13;
CONTEMPORARY REVIEW.&#13;
The Narratives of the Resurrection, By G. Margoliouth.&#13;
Old and New Lights on Shakespeare’s “ Hamlet.” By&#13;
Prof. Churton Collins.&#13;
Humanism asa Religion. By R. Christie.&#13;
&#13;
CORNHILL.&#13;
The Creation of the British Museum. By Sir E. Maunde&#13;
Thompson, K.C.B.&#13;
A Book of Martyrs. By Dora Greenwell McChesney.&#13;
&#13;
FORTNIGHTLY REVIEW.&#13;
&#13;
Geo. Farquhar. By. Wm. Archer.&#13;
&#13;
Sir Oliver Lodge on Religion and Science. By W. H.&#13;
Mallock.&#13;
&#13;
A Classic of the Chase. By E. H. Lacon Watson.&#13;
&#13;
Life and Literature in France. By W. Lawler Wilson.&#13;
&#13;
Henry Irving: A Personal Reminiscence. By TE, 8:&#13;
Escott.&#13;
&#13;
INDEPENDENT REVIEW.&#13;
Charles Lamb. By Herbert Paul.&#13;
&#13;
MACMILLAN’S MAGAZINE,&#13;
&#13;
Matthew Arnold as a Social Reformer. By H. H.&#13;
Dodwell.&#13;
MONTHLY REVIEW.&#13;
Charles Lamb. By Arthur Symons.&#13;
Living Legends of the Saints. By Lady Gregory.&#13;
Society Journalism. By Stephen Stapleton.&#13;
&#13;
NATIONAL REVIEW.&#13;
Arisoto. By W. J. Courthorpe, C.B.&#13;
Some Public Aspects of “The Times” Book Club, By&#13;
Hugh Chisholm,&#13;
&#13;
NINETEENTH CENTURY.&#13;
&#13;
Latin for Girls. By Stephen Paget.&#13;
The Deans and the Athanasian Creed. By The Very&#13;
Rev. The Dean of Winchester.&#13;
The Gaelic League. By The Countess Dowager of&#13;
Desart.&#13;
PALL MALL MAGAZINE.&#13;
Thomas Hardy and The Land of Wessex. By Clive&#13;
&#13;
Holland. : d&#13;
The Romance of a French Artist: Felix Ziem. By&#13;
&#13;
Frederic Lees.&#13;
Lord Acton’s List of Books. By Lord Avebury,&#13;
&#13;
TEMPLE BAR.&#13;
Some Recent Tragedy. By A. Balliol.&#13;
&#13;
WorLp’s WORK.&#13;
The Education of an Artist. By GC. Lewis Hind,&#13;
&#13;
(There are no articles dealing with Literary, Dramatic,&#13;
or Musical Subjects in Blackwood’s Magazine or The&#13;
&#13;
Month.)&#13;
82&#13;
&#13;
WARNINGS TO THE PRODUCERS&#13;
OF BOOKS.&#13;
&#13;
———+—&#13;
ERE are a few standing rules to be observed in an&#13;
agreement. There are four methods of dealing&#13;
with literary property :-—&#13;
&#13;
I. Selling it Outright.&#13;
&#13;
This is sometimes satisfactory, if a proper price can be&#13;
obtained. But the transaction should be managed by a&#13;
competent agent, or with the advice of the Secretary of&#13;
the Society.&#13;
&#13;
Il. A Profit-Sharing Agreement (a bad form of&#13;
agreement),&#13;
&#13;
In this case the following rules should be attended to:&#13;
&#13;
(1.) Not to sign any agreement in which the cost of pro-&#13;
duetion forms a part without the strictest investigation.&#13;
&#13;
(2.) Not to give the publisher the power of putting the&#13;
profits into his own pocket by charging for advertisements&#13;
in his own organs, or by charging exchange advertise-&#13;
ments. Therefore keep control of the advertisements.&#13;
&#13;
(8.) Not to allow a special charge for “ office expenses,”&#13;
unless the same allowance is made to the author.&#13;
&#13;
(4.) Not to give up American, Colonial, or Continental&#13;
rights. : :&#13;
&#13;
(5.) Not to give up serial or translation rights. :&#13;
&#13;
(6.) Not to bind yourself for future work to any publisher.&#13;
As well bind yourself for the future to any one solicitor or&#13;
doctor !&#13;
&#13;
III. The Royalty System.&#13;
&#13;
This is perhaps, with certain limitations, the best form&#13;
of agreement. It is above all things necessary to know&#13;
what the proposed royalty means to both sides. It is now&#13;
possible for an author to ascertain approximately the&#13;
truth. From time to time very important figures connected&#13;
with royalties are published in Zhe Author,&#13;
&#13;
IV. A Commission Agreement.&#13;
&#13;
The main points are :-— :&#13;
(1.) Be careful to obtain a fair cost of production.&#13;
(2.) Keep control of the advertisements.&#13;
&#13;
(3.) Keep control of the sale price of the book.&#13;
&#13;
General.&#13;
&#13;
All other forms of agreement are combimations of the four&#13;
above mentioned.&#13;
&#13;
Such combinations are generally disastrous to the author.&#13;
&#13;
Never sign any agreement without competent advice from&#13;
the Secretary of the Society.&#13;
&#13;
Stamp all agreements with the Inland Revenue stamp.&#13;
&#13;
Avoid agreements by letter if possible.&#13;
&#13;
The main points which the Society has always demanded&#13;
from the outset are :—&#13;
&#13;
(1.) That both sides shall know what an agreement&#13;
means.&#13;
&#13;
(2.) The inspection of those account books which belong&#13;
to the author. We are advised that this is a right, in the&#13;
nature of a common law right, which cannot be denied or&#13;
withheld.&#13;
&#13;
(3.) Always avoid a transfer of copyright.&#13;
&#13;
—————_1—__+—__—_&#13;
&#13;
WARNINGS TO DRAMATIC AUTHORS.&#13;
&#13;
oe :&#13;
EVER sign an agreement without submitting it to the&#13;
Secretary of the Society of Authors or some com-&#13;
: “petent legal authority.&#13;
2. {t is well to be extremely careful in negotiating for&#13;
the production of a play with anyone except an established&#13;
manager,&#13;
&#13;
 &#13;
&#13;
THE AUTHOR.&#13;
&#13;
3. There are three forms of dramatic contract for plays&#13;
in three or more acts :—&#13;
&#13;
(a.) Sale outright of the performing right. This&#13;
is unsatisfactory. An author who enters into&#13;
such a contract should stipulate in the contract&#13;
for production of the piece by a certain date&#13;
and for proper publication of his name on the&#13;
play-bills.&#13;
&#13;
_(b.) Sale of performing right or of a licence to&#13;
perform on the basis of percentages on&#13;
gross receipts. Percentages vary between 6&#13;
and 15 per cent. An author should obtain a&#13;
percentage on the sliding scale of gross receipts&#13;
in preference to the American system. Should&#13;
obtain a sum in advance of percentages. A fixed&#13;
date on or before which the play should be&#13;
performed.&#13;
&#13;
(c.) Sale of performing right or of a licence to&#13;
perform on the basis of royalties (‘.&lt;¢., fixed&#13;
nightly fees). This method should be always&#13;
avoided except in cases where the fees are&#13;
likely to be small or difficult to collect. The&#13;
other safeguards set out under heading (6.) apply&#13;
also in this case.&#13;
&#13;
4, Plays in one act are often sold outright, but it is&#13;
better to obtain a small nightly fee if possible, and a sum&#13;
paid in advance of such fees in any event. It is extremely&#13;
important that the amateur rights of one-act plays should&#13;
be reserved.&#13;
&#13;
5. Authors should remember that performing rights can&#13;
be limited, and are usually limited, by town, country, and&#13;
time. This is most important.&#13;
&#13;
6. Authors should not assign performing rights, but&#13;
should grant a licence to perform. ‘The legal distinction is&#13;
of great importance.&#13;
&#13;
7. Authors should remember that performing rights in a&#13;
play are distinct from literary copyright. A manager&#13;
holding the performing right or licence to perform cannot&#13;
print the book of the words.&#13;
&#13;
8. Never forget that United States rights may be exceed-&#13;
ingly valuable. ‘They should never be included in English&#13;
agreements without the author obtaining a substantial&#13;
consideration.&#13;
&#13;
9. Agreements for collaboration should be carefully&#13;
&#13;
. drawn and executed before collaboration is commenced.&#13;
&#13;
10, An author should remember that production of a play&#13;
is highly speculative: that he runs a very great risk of&#13;
delay and a breakdown in the fulfilment of his contract.&#13;
He should therefore guard himself all the more carefully in&#13;
the beginning.&#13;
&#13;
11. An author must remember that the dramatic market&#13;
is exceedingly limited, and that for a novice the first object&#13;
is to obtain adequate publication.&#13;
&#13;
As these warnings must necessarily be incomplete, on&#13;
account of the wide range of the subject of dramatic con-&#13;
tracts, those authors desirous of further information&#13;
are referred to the Secretary of the Society.&#13;
&#13;
++ __&#13;
&#13;
WARNINGS TO MUSICAL COMPOSERS.&#13;
&#13;
—_-—&gt; +&#13;
&#13;
ITTLE can be added to the warnings given for the&#13;
assistance of producers of books and dramatic&#13;
authors. It must, however, be pointed out that, as&#13;
&#13;
a rule, the musical publisher demands from the musical&#13;
composer a transfer of fuller rights and less liberal finan-&#13;
cial terms than those obtained for literary and dramatic&#13;
&#13;
property. The musical composer has very often the two —&#13;
&#13;
rights to deal with—performing right and copyright, He&#13;
&#13;
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&#13;
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 &#13;
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+e&#13;
ec&#13;
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&#13;
THE AUTHOR. 83&#13;
&#13;
should be especially careful therefore when entering into&#13;
an agreement, and should take into particular consideration&#13;
the warnings stated above.&#13;
&#13;
9&#13;
&#13;
HOW TO USE THE SOCIETY.&#13;
&#13;
a&#13;
&#13;
1. VERY member has a right toask for and to receive&#13;
advice upon his agreements, his choice of a pub-&#13;
lisher, or any dispute arising in the conduct of his&#13;
&#13;
business or the administration of his property. The&#13;
&#13;
Secretary of the Society is a solicitor, but if there is any&#13;
&#13;
special reason the Secretary will refer the case to the&#13;
&#13;
Solicitors of the Society. Further, the Committee, if they&#13;
&#13;
deem it desirable, will obtain counsel's opinion. All this&#13;
&#13;
without any cost to the member.&#13;
&#13;
2. Remember that questions connected with copyright&#13;
and publishers’ agreements do not fall within the experi-&#13;
ence of ordinarysolicitors. Therefore, do not scruple to use&#13;
the Society.&#13;
&#13;
3. Send to the Office copies of past agreements and past&#13;
accounts, with a copy of the book represented. The&#13;
Secretary will always be glad to have any agreements, new&#13;
or old, for inspection and note. The information thus&#13;
obtained may prove invaluable.&#13;
&#13;
4. Before signing any agreement whatever, send&#13;
the document to the Society for examination.&#13;
&#13;
5. Remember always that in belonging to the Society&#13;
you are fighting the battles of other writers, even if you&#13;
are reaping no benefit to yourself, and that you are&#13;
advancing the best interests of your calling in promoting&#13;
the independence of the writer, the dramatist, the composer.&#13;
&#13;
6. The Committee have now arranged for the reception&#13;
of members’ agreements and their preservation in a fire-&#13;
proof safe. The agreements will, of course, be regarded as&#13;
confidential documents to be read only by the Secretary,&#13;
who will keep the key of the safe. ‘The Society now offers:&#13;
—(1) To read and advise upon agreements and to give&#13;
advice concerning publishers. (2) To stamp agreements&#13;
in readiness for a possible action upon them. (3) To keep&#13;
agreements. (4) To enforce payments due according to&#13;
agreements. Fuller particulars of the Society’s work&#13;
can be obtained in the Prospectus.&#13;
&#13;
7. No contract should be entered into with a literary&#13;
aah without the advice of the Secretary of the Society.&#13;
&#13;
embers are strongly advised not to accept without careful&#13;
consideration the contracts with publishers submitted to&#13;
them by literary agents, and are recommended to submit&#13;
them for interpretation and explanation to the Secretary&#13;
of the Society.&#13;
&#13;
This&#13;
The&#13;
&#13;
8. Many agents neglect to stamp agreements.&#13;
must be done within fourteen days of first execution.&#13;
Secretary will undertake it on behalf of members,&#13;
&#13;
9. Some agents endeavour to prevent authors from&#13;
referring matters to the Secretary of the Society; so&#13;
do some publishers. Members can make their own&#13;
deductions and act accordingly.&#13;
&#13;
10, The subscription to the Society is £1 1s. per&#13;
annum, or £10 10s for life membership.&#13;
&#13;
 &#13;
&#13;
TO MUSICAL COMPOSERS.&#13;
&#13;
=o&#13;
&#13;
Gee: Society undertakes to stamp copies of music on&#13;
behalf of its members for the fee of 6d. per 100 or&#13;
part of 100. The members’ stamps are kept in the&#13;
Society’s safe. The musical publishers communicate direct&#13;
with the Secretary, and the voucher is then forwarded to&#13;
the members, who are thus saved much unnecessary trouble.&#13;
&#13;
——_—— +o —_&#13;
&#13;
THE READING BRANCH.&#13;
&#13;
ee ee oe&#13;
&#13;
EMBERS will greatly assist the Society in this&#13;
branch of its work by informing young writers&#13;
of its existence. Their MSS. can be read and&#13;
&#13;
treated as a composition is treated by a coach. The term&#13;
MSS. includes not only works of fiction, but poetry&#13;
and dramatic works, and when it is possible, under&#13;
&#13;
special arrangement, technical and scientific works. The&#13;
Readers are writers of competence and experience. The&#13;
&#13;
fee is one guinea.&#13;
—_—————_.—&gt;—_e_____&#13;
&#13;
NOTICES.&#13;
&#13;
— ++ —&#13;
&#13;
HE Editor of The Author begs to remind members of&#13;
&#13;
the Society that, although the paper is sent to them&#13;
&#13;
free of charge, the cost of producing it would be a&#13;
&#13;
very heavy charge on the resources of the Society if a great&#13;
&#13;
many members did not forward to the Secretary the modest&#13;
5s, 6d. subscription for the year.&#13;
&#13;
Communications for “ The Author” should be addressed&#13;
to the Offices of the Society, 39, Old Queen Street, Storey’s&#13;
Gate, S.W., and should reach the Editor not later than the&#13;
21st of each month.&#13;
&#13;
All persons engaged in literary work of any kind,&#13;
whether members of the Society or not, are invited to&#13;
communicate to the Editor any points connected with their&#13;
work which it would be advisable in the general interest to&#13;
publish.&#13;
&#13;
Communications and letters are invited by the&#13;
Editor on all subjects connected with literature, but on&#13;
no other subjects whatever. Every effort will be made to&#13;
return articles which cannot be accepted.&#13;
&#13;
ges&#13;
&#13;
The Secretary of the Society begs to give notice&#13;
that all remittances are acknowledged by return of post,&#13;
and he requests members who do not receive an&#13;
answer to important communications within two days to&#13;
write to him without delay. All remittances should be&#13;
crossed Union Bank of London, Chancery Lane, or be sent&#13;
by registered letter only.&#13;
&#13;
a&#13;
&#13;
LEGAL AND GENERAL LIFE ASSURANCE&#13;
SOCIETY.&#13;
&#13;
1&#13;
&#13;
ENSIONS to commence at any selected age,&#13;
either with or without Life Assurance, can&#13;
be obtained from this society.&#13;
&#13;
Full particulars can be obtained from the City&#13;
Branch Manager, Legal and General Life Assurance&#13;
Society, 158, Leadenhall Street, London, H.C.&#13;
AUTHORITIES.&#13;
&#13;
—_——&#13;
&#13;
E must congratulate Sir George Darwin on&#13;
receiving the Birthday honour of K.C.B.&#13;
‘he son of a distinguished father, he has&#13;
followed in his father’s footsteps as @ man of science.&#13;
He was Second Wrangler and Smith’s Prizeman&#13;
in 1868 at Cambridge, and was elected a Fellow of&#13;
Trinity College in the following year. This year,&#13;
everyone will remember, he was President of the&#13;
British Association, and in South Africa opened&#13;
the bridge over the Falls of the Zambesi.&#13;
His writings on scientific subjects are well&#13;
known, but too numerous to recount in detail.&#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
Iv is constantly argued that the success of adver-&#13;
tisement depends upon its persistence ; that after&#13;
a certain amount of repeated advertisement the&#13;
mind receives the obsession of a certain idea and&#13;
yields to this obsession.&#13;
&#13;
It is essential from time to time to apply this&#13;
principle in The Author, and to repeat the faults&#13;
of various methods of dealing with literary pro-&#13;
perty suggested by publishers, editors, and agents,&#13;
so that, finally, members may be convinced of the&#13;
points to be avoided. This repetition—from our&#13;
point of view completely satisfactory—has, how-&#13;
ever, its drawbacks. For those authors who are&#13;
capable of managing their own business satisfac-&#13;
torily, or whose position is such that they are not&#13;
over careful about driving hard bargains, some-&#13;
times come to the conclusion that the Society of&#13;
Authors is the embittered enemy of all publishers.&#13;
It is needless to repeat, what has been repeated so&#13;
often, that the society is nothin of the kind.&#13;
&#13;
Only the other day a certain ell known author,&#13;
on being asked to join the society, refused to do&#13;
so for the reason already mentioned. If the accu-&#13;
sation were true—which we deny—there would&#13;
still remain many reasons why the author, however&#13;
successful, and however little he might need the&#13;
help of the society in the conduct of his own special&#13;
business, should still become a member. He&#13;
benefits indirectly, and he has no right to live or&#13;
to gain part of his livelihood from the guineas of&#13;
his more gregarious fellow writers. It is possible&#13;
he might deny the position, but he should remember&#13;
that every effort made by the society to obtain&#13;
better copyright laws in Great Britain, her colonies&#13;
and dependencies, in the United States, and in the&#13;
direction of international legislation, or to obtain&#13;
a wider protection by agitation for the adhesion of&#13;
other countries to the Berne Convention, increases&#13;
the value of his property. This applies to the case&#13;
of an author of established position more than to&#13;
the case of a beginner.&#13;
&#13;
It is needless also to mention that the committee&#13;
&#13;
THE AUTHOR.&#13;
&#13;
of the society have all these points before them,&#13;
and are constantly moving in one direction or&#13;
another to increase and to protect the value of&#13;
literary property.&#13;
&#13;
Tt is for reasons such as these, then, that every&#13;
writer should join the society. The guinea paid&#13;
is not in charity—it is paid to an insurance&#13;
company.&#13;
&#13;
In this month’s issue we print the German Law ~&#13;
&#13;
of Publishers’ Contracts. In the July, 1905,&#13;
number we printed the German Law of Copy-&#13;
right. These two translations cover the Acts&#13;
dealing with literary property in Germany, and&#13;
deserve the careful consideration of members of&#13;
the society. The former law, that of publishers’&#13;
contracts, is a most interesting document, showing&#13;
with what minute preciseness legislation is carried&#13;
in the Fatherland. We may fairly say that it&#13;
would be impossible for such a law to pass through&#13;
the Parliament of Great Britain. However, it is&#13;
an exceedingly instructive document, and a studied&#13;
perusal will enable the author to obtain many&#13;
suggestions of clauses and terms to be embodied in&#13;
contracts with publishers.&#13;
&#13;
There are some points, however, which would&#13;
appear almost superfluous. For instance, in&#13;
Section 1, “1f there is an agreement between&#13;
the author and the publisher to publish a work,&#13;
the author undertakes to deliver the work and the&#13;
publisher undertakes to reproduce and distribute&#13;
it.” Again, in Section 29, “if the agreement&#13;
with the publisher is restricted to a definite&#13;
number of editions the relationship of the con-&#13;
tracting parties ceases when the editions or copies&#13;
are exhausted.” There are other examples of&#13;
what would appear to be self-evident platitudes.&#13;
&#13;
Of the clauses containing useful hints to authors&#13;
we should like to draw attention to clause 5.&#13;
“In the absence of agreement the publisher is&#13;
only entitled to produce one edition limited to&#13;
1,000 copies.” Again, in clause 8 (a hint for&#13;
publishers) in the absence of any stipulation to&#13;
the contrary the author must secure to the pub-&#13;
lisher the exclusive right of reproduction and&#13;
distribution.&#13;
&#13;
In clause 12, again, there are some curious&#13;
points which refer to the alterations allowed to&#13;
authors, In clause 23 payment to the author&#13;
becomes due on delivery of the work to the pub-&#13;
lisher—a most important point often overlooked&#13;
in English contracts. We do not desire to go&#13;
through the law clause by clause, but leave to&#13;
members of the society the full consideration, as&#13;
the study will afford them many useful ideas as&#13;
to the manner of dealing with their literary&#13;
&#13;
property.&#13;
&#13;
 &#13;
&#13;
6&#13;
&#13;
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 &#13;
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THE AUTHOR. 85&#13;
&#13;
THE PENSION FUND CO MMITTEE.&#13;
&#13;
1&#13;
&#13;
N order to give members of the society, should&#13;
I they desire to appoint a fresh member to the&#13;
Pension Fund Committee, full time to act,&#13;
it has been thought advisable to place in Zhe Author&#13;
a complete statement of the method of election&#13;
under the scheme for administration of the Pension&#13;
Fund. Under that scheme the committee is com-&#13;
posed of three members elected by the committee&#13;
of the society, three members elected by the society&#13;
at the general meeting, and the chairman of the&#13;
society for the time being, ex-officio. The three&#13;
members elected at the general meeting when the&#13;
fund was started were Mr. Morley Roberts, Mr.&#13;
M. H. Spielmann, and Mrs. Alec ‘Tweedie. These&#13;
have in turn during the past three years resigned,&#13;
and, submitting their names for re-election, have&#13;
been unanimously re-elected. This year Mr.&#13;
Morley Roberts again, under the rules of the&#13;
scheme, tenders his resignation and submits his&#13;
name forre-election. The members have power to&#13;
put forward other names under clause 9, which&#13;
runs as follows :—&#13;
&#13;
Any candidate for election to the Pension Fund Com-&#13;
mittee by the members of the society (not being a retiring&#13;
member of such committee) shall be nominated in writing&#13;
to the secretary at least three weeks prior to the general&#13;
meeting at which such candidate is to be proposed, and the&#13;
nomination of each such candidate shall be subscribed by&#13;
at least three members of the society. A list of the names&#13;
of the candidates so nominated shall be sent to the members&#13;
of the society, with the annual report of the Managing&#13;
Committee, and those candidates obtaining the most votes&#13;
at the general meeting shall be elected to serve on the&#13;
Pension Fund Committee.&#13;
&#13;
In case any member should desire to refer to the&#13;
list of members, a copy, with the exception of&#13;
those members referred to in the note at the&#13;
beginning, can be obtained at the society’s office.&#13;
This list, dated 1902, owing to the small demand,&#13;
has not been re-edited, and is, therefore, not&#13;
absolutely accurate. A further list of the elections&#13;
for 1903 was published in separate form, and all&#13;
further elections have been duly notified in The&#13;
Author. They can easily be referred to, as all&#13;
members receive a copy every month.&#13;
&#13;
It would be as well, therefore, should any of the&#13;
members desire to put forward a candidate, to take&#13;
the matter within their immediate consideration.&#13;
The general meeting of the society has usually&#13;
been held towards the end of February or the&#13;
beginning of March. This notice will be repeated&#13;
in the January number of 7'he Author. It is&#13;
essential that all nominations should be in the&#13;
hands of the secretary before the 31st of January,&#13;
1906.&#13;
&#13;
THE NOBEL PRIZE COMMITTEE.&#13;
ee&#13;
HE Nobel Prize Committee of the Society of&#13;
Authors met on November 15th at the&#13;
offices of the society, 39, Old Queen Street,&#13;
when the chair was taken by Lord Avebury.&#13;
Among those present were Mr. Austin Dobson,&#13;
Mr. Edmund Gosse, Mrs. John Richard Green,&#13;
and Sir Donald Mackenzie Wallace; Mr. G.&#13;
Herbert Thring acted as secretary.&#13;
&#13;
The chairman expressed the hope that the&#13;
English Nobel Committee would not be dis-&#13;
couraged if the prize of £8,250 should this year&#13;
be awarded to a foreign poet or poets, since we&#13;
have the assurance of the director of the Swedish&#13;
Academy that any “idealistic” writer strongly&#13;
supported by the authors of England “ has every&#13;
prospect of gaining the Nobel prize for litera-&#13;
ture at some future time.” Mr. Austin Dobson&#13;
suggested that unanimity and persistence were of&#13;
the greatest importance, and that the committee&#13;
should not be impatient if the prize were not&#13;
immediately given to the English candidate. &lt;At&#13;
the suggestion of Mr. Gosse it was agreed that the&#13;
committee should take the same steps as were&#13;
taken last year to collect the votes of all qualified&#13;
British voters.&#13;
&#13;
————Cc—&gt;—o——_&#13;
&#13;
SOME CANADIAN WRITERS.&#13;
&#13;
a te&#13;
No. 1.—PortTry.&#13;
&#13;
HE Editor of The Author has asked me to&#13;
write something about Canadian literature,&#13;
with which a residence of seventeen years&#13;
&#13;
in the Dominion may be supposed to have made&#13;
me acquainted. I comply with his request with&#13;
some diffidence, knowing the “invidious bar”&#13;
that stands in the way of him who would treat of&#13;
living artists, whether of the pen or brush, and&#13;
knowing also the difficulty of escaping, in such an&#13;
article as the editor wants, from a certain simi-&#13;
larity to a mere list of names, that might remind&#13;
one of a directory or of the genealogical chapters&#13;
of the Book of Chronicles.&#13;
&#13;
It is not possible to speak of everybody, and it&#13;
must be said that this article does not touch the&#13;
French-Canadian branch of the subject.&#13;
&#13;
I will speak first of poets. In the preface to his&#13;
valuable and laborious “ Bibliography of Canadian&#13;
Poetry,” published in 1899, Mr. O. C. James says&#13;
that it is “based on a collection of about four&#13;
hundred volumes and pamphlets brought together&#13;
by the author during the last ten years, and now&#13;
in the library of Victoria University, Toronto.”&#13;
&#13;
The earliest book of poetry in Mr. James’s list&#13;
is “The New Gentle Shepherd,” by Lieutenant&#13;
Adam Allan, which was published in 1798. ‘Two&#13;
    &#13;
&#13;
86&#13;
&#13;
volumes of Canadian poetry were published in 1815&#13;
and one in 1816, after which came a hiatus of&#13;
seven lean years in which no poet ventured into&#13;
the open. Perhaps the fate of those three earlier&#13;
works showed that the air of Canada in that day&#13;
was a little too frigid for poets.&#13;
&#13;
From 1824 to 1850, however, there was no year&#13;
without the appearance of some modest book of&#13;
Canadian verse, and in 1846 no fewer than six saw&#13;
the light. It is touching to look at some of these&#13;
yolumes, which bear the marks of rural printing&#13;
presses, well-worn type, and home-made binding.&#13;
‘After 1850 the number of singers began to grow&#13;
larger, so that in the following decade forty-five&#13;
poets ventured before the public, and in the next&#13;
sixty-six. From 1870 to the end of the century&#13;
the poetical output of the publishers steadily&#13;
increased, till it culminated in its last decade with&#13;
no fewer than one hundred and forty-one volumes,&#13;
which, for a population of five millions, containing&#13;
no leisured class, is a little remarkable.&#13;
&#13;
In 1864, Rev. Dr. Dewart published a work&#13;
entitled ‘Selections from Canadian Poets.” In&#13;
that book forty-seven authors are noticed, and one&#13;
hundred and seventy-two poems. In 1889, Mr.&#13;
W. D. Lighthall, of Montreal, issued his collection&#13;
entitled “Songs of the Great Dominion,” in which&#13;
we find fifty-six authors and one hundred and sixty-&#13;
three poems. In 1900, Dr. Theodore H. Rand&#13;
gave us his “ Treasury of Canadian Verse,” which&#13;
quotes three hundred and forty-four poems from&#13;
cone hundred and thirty-five authors. From these&#13;
interesting books one may derive much informa-&#13;
tion as to Canadian poetry, and a comparison of&#13;
them enables us somewhat clearly to judge as to&#13;
the respective places of Canadign poets according&#13;
to the opinion of competent judges. Among those&#13;
who have passed away, the most prominent names&#13;
‘are those of Charles Heavysege, Charles Sangster,&#13;
D’Arcy McGee, Alex. McLachlan, Isabella&#13;
Valancy Crawford, and Archibald Lampman. To&#13;
read the lives of these writers is to feel through&#13;
what difficulties poetic genius has, in this country,&#13;
‘struggled to its goal.&#13;
&#13;
Of Heavysege’s great poem, ‘“ Saul,” published&#13;
anonymously in Montreal in 1857, the North&#13;
British Review for August, 1858, says : “ We have&#13;
before us perhaps the only copy that has crossed&#13;
the Atlantic. At all events we have heard of no&#13;
other, as it is probable we should have done,&#13;
through some public or private notice, seeing that&#13;
the work is indubitably one of the most remarkable&#13;
English poems ever written out of Great Britain.”&#13;
&#13;
Dr. Dewart assigns to Charles Sangster the first&#13;
place among Canadian poets. While I do not&#13;
agree with this verdict, I am willing to concede&#13;
him a high place as one of the most representative&#13;
.of our Canadian bards.&#13;
&#13;
THE AUTHOR.&#13;
&#13;
He was born in Canada, his themes are Canadian,&#13;
he lived in an atmosphere of Canadian sentiment,&#13;
and everything he wrote is permeated with the&#13;
spirit of the scenery of his country. He may be&#13;
said to be the pioneer of what has developed into&#13;
that distinctively Canadian school of verse which has&#13;
been inspired by the grandeur of our mountains&#13;
and forests, and the impressiveness of our lakes,&#13;
rivers, waterfalls, and boundless prairies.&#13;
&#13;
Thomas D’Arcy McGee, M.P., was born in&#13;
Treland in 1825, and came to Canada in 1857.&#13;
He was a Canadian statesman of high repute, and&#13;
was assassinated in the vicinity of the parliament&#13;
buildings in Ottawa, in 1868. He was the author&#13;
of “Canadian Ballads and Occasional Verses,” and&#13;
his poem entitled, “ Our Ladye of the Snow,” is as&#13;
good as any of Sir Walter Scott’s.&#13;
&#13;
Alexander McLachlan has been called the Burns&#13;
of Canada, and that is, perhaps, a convenient way&#13;
of indicating his status to the over-seas reader.&#13;
Like Burns, he was a farmer. In his work, as in&#13;
that of D’Arcy McGee, the divine Celtic fire is&#13;
visible. The following verses are from his poem&#13;
entitled “ The Scot.”&#13;
&#13;
“ Dour as a door-nail he’s indeed ;&#13;
To change an item of his creed&#13;
Is tearing hair oot o’ his heid,&#13;
&#13;
He winna budge,&#13;
Nor will he either drive or lead,&#13;
But just ery ‘Fudge !’&#13;
&#13;
“ And in his bonnet apt is he&#13;
To hae some great big bumming bee,&#13;
Sic as his Stuart loyalty,&#13;
When hope is past ;&#13;
Despite their stupid tyranny,&#13;
True to the last.&#13;
&#13;
“A man o’ passionate convictions,&#13;
A mixture queer o’ contradictions,&#13;
Big, liberal, but wi’ stern restrictions ;&#13;
Yet at the core,&#13;
To a’ mankind wi’ benedictions,&#13;
His heart rins o’er.”’&#13;
&#13;
To the memory of Isabella Valancy Crawford,&#13;
who came to Canada from Ireland in 1856, and&#13;
died in Toronto in 1887, at the age of 36, an&#13;
increasing number of tributes is yearly offered.&#13;
As the appreciation of what is truly worthy in&#13;
Canadian poetry becomes more cultured and&#13;
critical, her fame is bound to increase, though she&#13;
produced very little, and died disappointed at the&#13;
lack of recognition which was the fate of her&#13;
publications.&#13;
&#13;
The name of Archibald Lampman seems to bring&#13;
us suddenly down to the present, since he died in&#13;
Ottawa but six short years ago ; so young—he was&#13;
only thirty-eight—that one almost feels he ought&#13;
to be living now. Living he is, still, in the hearts&#13;
of all who knew him, for he was not only a poet,&#13;
&#13;
but the most lovable of Nature’s gentlemen. His&#13;
&#13;
   &#13;
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1&#13;
r&#13;
i&#13;
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&#13;
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&#13;
THE AUTHOR. 87&#13;
&#13;
complete poems in a volume of four hundred and&#13;
seventy-two pages, edited by his friend and fellow&#13;
poet, Duncan Campbell Scott, with a memoir which&#13;
is one of the most beautiful examples of biographical&#13;
literature in the language, were published in 1900.&#13;
&#13;
As heat is measured by the quantity of ice it&#13;
will melt, a poet’s ability may be roughly judged&#13;
by his skill in attacking a prosaic subject. I will&#13;
quote Lampman’s sonnet entitled “ The Railway&#13;
Station” :—&#13;
&#13;
“The darkness brings no quiet here, the light&#13;
No waking : ever on my blinded brain&#13;
The flare of lights, the rush, and cry, and strain,&#13;
The engines’ scream, the hiss and thunder smite ;&#13;
I see the hurrying crowds, the clasp, the flight,&#13;
Faces that touch, eyes that are dim with pain ;&#13;
I see the hoarse wheels turn, and the great train&#13;
Move labouring out into the bournless night.&#13;
&#13;
“So many souls within its dim recesses,&#13;
So many bright, so many mournful eyes :&#13;
Mine eyes that watch grow fixed with dreams and&#13;
guesses ;&#13;
What threads of life, what hidden histories,&#13;
What sweet or passionate dreams and dark distresses,&#13;
What unknown thoughts, what various agonies! ”&#13;
&#13;
Writing of Lampman in the Canadian Magazine&#13;
some years ago, Mr. Arthur J. Stringer, himself a&#13;
Canadian poet and critic of no mean ability, says :&#13;
“Of the group of Canadian poets who have&#13;
obtained a recognised standing—Roberts, Lamp-&#13;
man, Carman, Campbell and Scott—probably&#13;
Lampman is the most thoroughly Canadian, and&#13;
in Canada the most popular. He is not as&#13;
scholarly as Roberts; he has not the strong&#13;
imaginative power of Campbell ; he may not have&#13;
the mysterious melody of language peculiar&#13;
to Carman, nor the pleasing daintiness and&#13;
occasional felicitousness of Scott; but he is the&#13;
strongest and broadest poet of the group,&#13;
possessing the most of what Landor has called&#13;
‘substantiality.” He has an artist's eye for&#13;
colour, and the quiet thoughtfulness of a student&#13;
for scenery—the true nature poet.”&#13;
&#13;
This quotation is not only valuable for what it&#13;
says about Lampman, but it suitably introduces&#13;
our other chief poets, Charles G. D. Roberts, Bliss&#13;
Carman, William Wilfred Campbell, and Duncan&#13;
Campbell Scott, to whom I will add R. H.&#13;
Kernighan, Frederick George Scott, Ethelwyn&#13;
Wetherald, and W. H. Drummond, as the best&#13;
selection I can make for this poetical guest-table.&#13;
&#13;
Charles G. D. Roberts has done so much in the&#13;
forty-five years of his life, not only in poetry, but&#13;
in other departments of writing, that he necessarily&#13;
takes a chief place in any comparative view of our&#13;
literature. He had a good start, for he comes of a&#13;
cultured family, and he received an adequate and&#13;
comprehensive education, The variety of his aims&#13;
&#13;
may have hindered in some degree the production of&#13;
the monumental ; but he has written four or five&#13;
volumes of noble poetry, a most readable and useful&#13;
History of Canada, several picturesque Canadian&#13;
stories, a few charmingly-handled _ historical&#13;
romances, the best “animal stories’? that have&#13;
been written on the continent, and of late a&#13;
quantity of flesh-coloured verse that rivals Swin-&#13;
burne and hints at Rossetti. If thereis a touch of&#13;
the chameleon in his genius, the genius is there ;&#13;
and if he had lived and written in England instead&#13;
of in Canada his fame would by this time be&#13;
world-wide, since he is, on the whole, in advance of&#13;
most of his English contemporaries in poetry. I&#13;
have only room for a few lines from Roberts—this&#13;
whole magazine might well be taken up by quota-&#13;
tions from his verse :&#13;
&#13;
 &#13;
&#13;
“THE FALLING LEAVES.&#13;
&#13;
“ Lightly He blows, and at His breath they fall,&#13;
The perishing kindreds of the leaves ; they drift,&#13;
Spent flames of scarlet, gold aérial,&#13;
&#13;
Across the hollow year, noiseless and swift.&#13;
Lightly He blows, and countless as the falling&#13;
Of snow by night upon a solemn sea,&#13;
&#13;
The ages circle down beyond recalling,&#13;
&#13;
To strew the hollows of Eternity.&#13;
&#13;
He sees them drifting through the spaces dim,&#13;
And leaves and ages are as one to Him.”&#13;
&#13;
Bliss Carman, a cousin of the foregoing, is an&#13;
unmistakable poet. He is another of the young&#13;
men, who having celebrated their native country in&#13;
serious, and no doubt sincere poetry, have, like&#13;
Roberts, been carried by the torrential stream of&#13;
life to the accelerated atmosphere of American&#13;
cities, where life goes with a greater rush than in&#13;
London because the air is more stimulating, and&#13;
there is more money per capita to spend ; where,&#13;
also, the English poise and phlegm are absent.&#13;
The circumstances and conditions of Carman’s&#13;
education were the same as those of Roberts, except&#13;
that he took post-graduate courses at Harvard and&#13;
Edinburgh. He also, like his kinsman, indulged&#13;
somewhat in editorial work, but ultimately forsook&#13;
the chair for the freer road of independent literary&#13;
endeavour. That this road léd him far afield, the&#13;
titles of two of his books, “Songs from Vagabon-&#13;
dia” and ‘More Songs from Vagabondia,” seem&#13;
to indicate. He had already, however, shown his&#13;
distinctive poetic genius, in his books “ Low Tide&#13;
on Grand Pré,” “ Behind the Arras—a book of the&#13;
Unseen,” and “ Ballads of Lost Haven.” He writes&#13;
splendidly of the sea—no poet better ; living or&#13;
dead.&#13;
&#13;
“QO, the shambling sea is a sexton old,&#13;
And well his work is done.&#13;
&#13;
With an equal grave for lord and knave&#13;
He buries them every one.&#13;
&#13;
 &#13;
THE&#13;
&#13;
  &#13;
&#13;
“Then hoy and rip, with a rolling hip,&#13;
He makes for the nearest shore ;&#13;
&#13;
And God, who sent him a thousand ship,&#13;
Will send him a thousand more.&#13;
&#13;
“ But some he'll save for a bleaching grave,&#13;
And shoulder them in to shore—&#13;
Shoulder them in, shoulder them in,&#13;
Shoulder them in to shore.”&#13;
&#13;
But Carman can write other poems besides those&#13;
which somehow remind us of the volume, the&#13;
strength, and the irresistible impetuosity of a&#13;
brass band. He has the poet’s subtle insight, and&#13;
he understands the delicate flavour of word and&#13;
phrase. Withal he has originality and a com-&#13;
prehensive grasp of life that are rare in modern&#13;
&#13;
oets.&#13;
&#13;
William Wilfred Campbell was born in Western&#13;
Ontario in 1861, studied at Toronto University,&#13;
and has been in the Canadian civil service for&#13;
some years. His poetry has frequently appeared&#13;
in the best magazines on both sides of the Atlantic,&#13;
and he is a writer of great originality and power.&#13;
It was with respect to a poem of his that a com-&#13;
petent reviewer wrote: “The nearest approach to&#13;
a great poem that has cropped out in_ current&#13;
literature for many a long day is ‘The Mother.’ ”&#13;
This poem first appeared in an American magazine&#13;
in 1891 and at once stamped its author as a man&#13;
of conspicuous and virile originality and force of&#13;
imagination. He has published “ Lake Lyrics and&#13;
other Poems,” “The Dread Voyage,” ‘“ Mordred&#13;
and Hildebrand ” and “ Over the Hills of Dream.”&#13;
These four books of verse place him in a high&#13;
position in contemporary verse. He has written&#13;
also a very beautiful elegy on his fellow-poet&#13;
Lampman, which begins :— ,&#13;
&#13;
“ Soft fall the February snows, and soft&#13;
&#13;
Falls on my heart the snow of wintry pain ;&#13;
For never more, by wood or field or croft,&#13;
Will he we knew walk with his loved again ;&#13;
No more with eyes adream and scul aloft,&#13;
&#13;
In those high moods where love and beauty reign&#13;
Greet his familiar fields, his skies without a stain.”&#13;
&#13;
And he has written several other pieces of occa-&#13;
sional or national interest. His is no vagrant&#13;
muse, though he knows his Hastern Canada, and&#13;
his eye for the larger aspects of nature is un-&#13;
doubtedly keen.&#13;
&#13;
Duncan Campbell Scott, besides being a most&#13;
artistic and genuine poet, is a very competent&#13;
member of the civil service of Canada, where he&#13;
holds a highly responsible position in the Depart-&#13;
ment of Indian Affairs.&#13;
&#13;
For the sweetness of his song, and its dainty .&#13;
perfection of form, Scott stands to a great extent&#13;
alone. There is a delicate reticence, and a high-&#13;
bred refinement about his poetry which marks it as&#13;
the work of a masterly literary craftsman. He is&#13;
a devotee of music, and there is music in all his&#13;
&#13;
AUTHOR.&#13;
&#13;
lines. Besides this there is a condensed force in&#13;
some of his utterances that marks them as the&#13;
sublimed essence of a strong and subtle mind. He&#13;
has produced less than some Canadian poets,&#13;
having issued but two books, “ The Magic House”&#13;
in 1893, and “ Labour and the Angel” in 1898,&#13;
but of the high quality of his output there is no&#13;
question.&#13;
&#13;
In R. H. Kernighan, who has written much&#13;
verse, more or less fugitive, under the nom de&#13;
plume of “The Khan,” and has published a very&#13;
popular volume of poems entitled “The Khan’s&#13;
Canticles,”” we have an example of genuine native&#13;
genius, essentially Canadian, imitative of nobody,&#13;
full of vigour, and giving evidence everywhere of&#13;
being that of a poet born and not made. He is a&#13;
farmer, and has had no advantages of higher edu-&#13;
cation, but where any of the poets before mentioned&#13;
has an audience of a hundred, Kernighan has a&#13;
thousand. The others appeal chiefly or solely to&#13;
the “fit audience though few.” Kernighan&#13;
appeals to everybody.&#13;
&#13;
Another poet who has a similarly wide circle of&#13;
readers is Dr. W. H. Drummond, medical practi-&#13;
tioner, hunter, camper, and sympachetic interpreter&#13;
of the French Canadian habitant to his fellow&#13;
Canadians who speak English, and to people of all&#13;
English-speaking countries. Dr. Drummond may&#13;
be said to have discovered the habitant just as&#13;
Mr. Kipling discovered Tommy Atkins. He is&#13;
the only Canadian poet who has had the pleasure&#13;
of seeing his works run into many and large&#13;
editions. The medium of expression he adopts&#13;
is the habitants broken English, so that all his&#13;
poems have a certain dramatic force. It is the&#13;
peasant of Quebec who speaks and says :—&#13;
&#13;
“ Venez ici, mon cher ami, an’ sit down by me—so,&#13;
An’ I will tole you story of ole tam long ago—&#13;
W’en ev'ryting is happy—w’en all de bird is sing,&#13;
An’ me !—I’m young and strong lak moose an’ not afraid&#13;
no ting” ;&#13;
&#13;
and who tells us on the occasion of the late&#13;
Queen’s jubilee :—&#13;
&#13;
“ Yaas, dat is de way Victoriaw fin’ us dis jubilee,&#13;
Sometam’ we mak fuss about not’ing, but it’s all on de&#13;
familee,&#13;
An’ wenever dere’s danger roun’ her, no matter on sea&#13;
or lan’,&#13;
She'll find that les Canayens can&#13;
Englishman.”&#13;
&#13;
fight de sam as bes’&#13;
&#13;
Miss Ethelwyn Wetherald is not only an in-&#13;
dustrious contributor of prose articles to the&#13;
magazines, but she is distinguished as a poet whose&#13;
work has received much appreciation during the&#13;
last decade. That she is a genuine lover of Nature&#13;
and a skilful interpreter of Nature’s moods is shown&#13;
in the three books of verse she has published :&#13;
“The House of the Trees,” “Tangled in Stars,”&#13;
&#13;
 &#13;
 &#13;
&#13;
THE AUTHOR.&#13;
&#13;
and “The Radiant Road.” Much of her work&#13;
has a piquant lightness of touch and originality&#13;
that give it a distinctive character. I have only&#13;
= room for a small quotation :—&#13;
&#13;
 &#13;
&#13;
“THE SCHOOL OF PAIN.&#13;
&#13;
“This is the hard school kept by Pain,&#13;
With pupils sad and white ;&#13;
While some shed tears like falling rain&#13;
From dreary morn till night ;&#13;
‘Some knit the brow and clench the fist,&#13;
And fill the heart with hate :&#13;
And some cross languid wrist on wrist&#13;
And say Pain is their fate.&#13;
&#13;
* But those that study very hard,&#13;
&#13;
And learn that Pain can bless,&#13;
Are sent out in a leafy yard&#13;
To play with Happiness.”&#13;
&#13;
Though Frederick George Scott is the last name&#13;
to be mentioned in this division of the subject, he&#13;
is by no means our least poet. On the contrary,&#13;
he works on a high plane of excellence ; very little&#13;
of his published poetry can be reckoned as mediocre,&#13;
and occasionally he reaches the sublime. Indeed&#13;
it is impossible to rise from a perusal of such a&#13;
poem, for instance, as his “ Samson,” or some of&#13;
his sonnets, without feeling that he takes a very&#13;
high place in contemporary poetic literature,&#13;
whether of this continent or of England. He has&#13;
published three books of verse: ‘The Soul’s&#13;
Quest,” “My Lattice,’ and “The Un-named&#13;
Lake ;” and he has also written several stories of&#13;
considerable interest and merit. There is perhaps&#13;
less of a distinctively Canadian flavour about his&#13;
verse than in that of his confréres, and there is&#13;
not so much celebration of the aspects of Nature.&#13;
&#13;
BernarD McEvoy.&#13;
(To be continued.)&#13;
&#13;
—_———_o—&gt;—_+__—_&#13;
&#13;
“LITERATURE” IN ADVERTISEMENTS.&#13;
&#13;
—&#13;
&#13;
HAT is “literature”? and what is the&#13;
scope of its applicability to written com-&#13;
position? very century upsets the&#13;
&#13;
standards of its forerunner, or literature might be&#13;
pronounced comprehensively the work of men of&#13;
letters, that is to say, of the esoteric devotees of&#13;
grammar, syntax, style and expression. But here,&#13;
come to me within the last few days from an&#13;
American agency for the “ placing” of “ copy,” are&#13;
a letter and a bulky package of circulars and&#13;
pamphlets. The latter include a booklet of written&#13;
testimonials to the firm ; another, treating of its&#13;
school for journalism, with fecs, diplomas, certi-&#13;
ficates and all the rest of it, very praiseworthy and&#13;
profitable ; various leaflets containing urgent&#13;
entreaties and calls upon man and womankind&#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
89&#13;
&#13;
generally to make or augment their incomes by an&#13;
investment of their waste faculties in the gold&#13;
mines of fiction (of which “there is not half&#13;
enough to go around”); and, finally, forms to fill&#13;
in, would I become one of that industrial army&#13;
of “writers for profit.” Well, we have no right&#13;
of quarrel with all this. If fiction has become the&#13;
very bread of life, there must arise A. B. O.’s to&#13;
meet a demand for which the humble bakery 1s&#13;
inadequate. But why refer to such a budget of&#13;
business self-puffery as “literature”? That is my&#13;
anxious difficulty. ‘‘ After you have carefully read&#13;
our literature,” says the Agency’s paternal letter,&#13;
referring to the voluminous package. I have read&#13;
it, or some of it. It is good plain advertising&#13;
stuff, but it will not compare, say, with ‘‘ The&#13;
Critic,’ or Autolycus’ crying of his wares in&#13;
Bohemia. To call it literature seems to me to&#13;
smack of those verbal appropriations to contorted&#13;
uses by the free and independent, which dispossess&#13;
the old without dignifying the new. Perhaps if&#13;
American letters basked in the light of their own&#13;
stately antiquity, Americans would be more jealous&#13;
of the term. Perhaps if—this, that or the other&#13;
had happened differently !&#13;
&#13;
What an utterly idle speculation! and yet how&#13;
the kingdom of romance is builded on such. “ Of&#13;
all sad words of tongue or pen, the saddest are&#13;
these, ‘It might have been.’” America, for&#13;
instance, might have had at this day a very damask&#13;
of historical dyes to paint into her literature, had&#13;
not that confederacy of States limited her drafts&#13;
upon romance to a beggarly couple of wars. There&#13;
were the original thirteen, each sovereign and&#13;
independent, and at the outset intending to&#13;
remain so : thirteen embryo principalities, duchies,&#13;
counties—or twelve, or eleven, perhaps, with a&#13;
virulent republic interposed here and_ there.&#13;
Think of it! Washington’s struggle for the&#13;
suzerainty, his hard-wrung success, and the piece-&#13;
meal lopping of its limbs by his rival survivors,&#13;
the rise of the Salt Lake popes, instead of a Zion&#13;
whopping creation ; anarchy, militarism, chaos,&#13;
reason, in turn and intermingling ; a constellation&#13;
of despotisms ; falling stars and fountains running&#13;
blood ; the tocsin ; slaughter and frenzy in the&#13;
streets; State marching on State, the clashing&#13;
cymbals of discordance ; sack, pillage, the roar of&#13;
musketry and babbled prayers of girls. Then, the&#13;
sense of design emerging—wild theories of order,&#13;
and patterns of art and government ; fervid&#13;
apostolicism and a Christ-like vision of beauty ;&#13;
mutinies of wickedness bubbling here and there,&#13;
and complicating the design in their suppression—&#13;
at the end, Roosevelt crowned King, at Washington,&#13;
of the United States.&#13;
&#13;
Dismal, dismal! a lurid thing to picture ; and,&#13;
instead, the gods of progress be praised ! we have&#13;
    &#13;
&#13;
90&#13;
&#13;
‘‘ literature” in business circulars, art in advertise-&#13;
ments, and a religion—not common, or Catholic,&#13;
but of commonness. Romance’s potentialities&#13;
have ended in electric cars, and heaven and earth&#13;
run upon parallel lines.&#13;
&#13;
Still, it is not yet illegal, though it is out of&#13;
date, for a dreamer to dream. Whittier’s postulate&#13;
turns, after all, upon a question of dollars, the&#13;
republican cachet of distinction. Suppose the&#13;
inroad of enterprisers bringing steel instead of&#13;
finance to the internecine problem; suppose&#13;
adventure running free, nor brought up blank&#13;
against that impenetrable keep of Wall Street.&#13;
We should not have had Bartholdi’s gigantic&#13;
statue of Liberty, it is true; nor, on the other&#13;
hand, should we have had business advertisement&#13;
expressing itself in the following terms of elegance :&#13;
“First thing you know, a good, snappy, zero day&#13;
will catch you outside of an ulster.” We should&#13;
have had, perhaps, at this day, a multiplex tradi-&#13;
tion of conflicts in the matter of all that makes&#13;
for picturesqueness—war, art and love—the ruins&#13;
of a Doges’ palace at New York, of a causeway in&#13;
Colorado built entirely of silver bricks by some&#13;
self-exalted hidalgo of New Mexico. With such a&#13;
continent, such enterprise, such a vigorous hybrid&#13;
race, a century would have sufficed for the weaving&#13;
of a very tapestry of history ; and, instead, we&#13;
have America—it is her boast—leading the&#13;
commonsense of creation.&#13;
&#13;
Art—it is a lamentable fact—abhors a mild and&#13;
sagacious order. She derives of the gods, before&#13;
reason was. Tyranny and passion are her right&#13;
provocatives; dirt and decay a necessary part&#13;
of her kaleidoscopic scheme. She withers in the&#13;
breath of municipalities, fears ostentation, shrinks&#13;
from the very term progressiveness. In statuary,&#13;
in architecture, she knows her place subordinate to&#13;
the mountains. She will not dwart her trees, nor,&#13;
as literature, allow her appropriation to a circular.&#13;
At least, that is the creed of her acolytes of the&#13;
Old World, but our transatlantic Agency thinks&#13;
otherwise.&#13;
&#13;
———_—__$_-——&#13;
&#13;
A CANDID FRIEND.&#13;
&#13;
++&#13;
&#13;
““F you think,” said Desmond, reloading the&#13;
pipe, which had gone out during his ener-&#13;
getic denunciation of my craft, “if you&#13;
&#13;
think of the hundreds of abortive novels -&#13;
&#13;
 &#13;
&#13;
“ Well,’ I answered, “ then for consolation you&#13;
must remind yourself of the thousands of acorns&#13;
that make food for pigs to every one that grows&#13;
into an oak.”&#13;
&#13;
“Do you mean to suggest that the more trash is&#13;
published, the more literature we may expect?”&#13;
&#13;
THE AUTHOR.&#13;
&#13;
demanded Desmond, striking a match and letting&#13;
it go out before he used it.&#13;
&#13;
“Perhaps,” I suggested, “ we ought to find a&#13;
fresh name for it.”&#13;
&#13;
“Certainly, nobody in his senses,” he cried,&#13;
“would describe its manufacturers as Men of&#13;
Letters.”&#13;
&#13;
“Yet what ought we to be called ? We are not&#13;
precisely journalists, although the work of a man&#13;
who puts forth two or three novels and goodness&#13;
knows how many short stories a year, seems to&#13;
resemble journalism. After all,” I said, “a story-&#13;
teller is an inoffensive person "&#13;
&#13;
“’m, sometimes. It depends on the story.”&#13;
&#13;
“ You were kind enough to say you would point&#13;
out some of our most glaring faults,’ I reminded&#13;
him—a little unnecessarily.&#13;
&#13;
Desmond crossed his legs and scowled as he&#13;
struck a third match :&#13;
&#13;
“A rather large order,” he muttered. “ But&#13;
what strikes me first is your egregious confusion&#13;
of thought. You are utterly unable to discriminate&#13;
between love—which seems to be the proper sub-&#13;
ject for a novelist, and the—improper subject,&#13;
which also begins with an ‘L.’ In fact the con-&#13;
temporary novel may be defined as a study of bad&#13;
manners.”&#13;
&#13;
“Would you wish all novels to be society&#13;
novels ?” I asked.&#13;
&#13;
“My dear fellow,” he answered, with the air of&#13;
a man who was scoring a point, ‘‘ those are pre-&#13;
cisely what I had in my mind. Uncultivated&#13;
manners are no more bad manners than humble&#13;
life is bad life. Then,” he continued, ‘‘ your tales&#13;
are far too long.”&#13;
&#13;
“They are shorter than they used to be and we&#13;
are constantly being told that we are incapable of&#13;
a sustained effort.”&#13;
&#13;
“Ttisvery often because athree andsixpenny book&#13;
naturally brings in less than a six shilling one,”&#13;
said Desmond, with a rather unpleasant laugh.&#13;
“ However,” he added, “there may be something&#13;
to be thankful for if what you say is right. But&#13;
was any English novel ever written which wouldn’t&#13;
be improved by curtailment? That is where the&#13;
press notices often mislead one. Your reviewer is&#13;
a practised and judicious skipper—otherwise he&#13;
couldn’t keep on. He digs out the plot which I&#13;
suppose is generally hidden away somewhere in&#13;
the three hundred and fifty pages and it sounds&#13;
interesting enough in his summary, but when one&#13;
comes to the book one is lost in the maze of&#13;
twaddle.”’&#13;
&#13;
“Yet I constantly read that our stories are too&#13;
‘thin’—that our younger writers keep too closely&#13;
to the fable, and you must admit that some quite&#13;
unnecessary characters are amongst the best that&#13;
have ever been drawn.”&#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
 &#13;
 &#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
THE AUTHOR. 91&#13;
&#13;
“ Oh dear yes,” said Desmond. “Tam prepared&#13;
to forgive you almost anything provided you draw&#13;
me a character.”&#13;
&#13;
“Then what on earth are you growling about ?”&#13;
I asked, pushing across the whiskey.&#13;
&#13;
“You insist on relating your incidents twice&#13;
over,” he answered. “ First in dialogue, again in&#13;
what you would call the analysis. You may de-&#13;
scribe your scene either dramatically or in narrative,&#13;
but why do both? Read the conversations in an&#13;
average novel and you can usually gather all you&#13;
wish to know, but as if the author distrusted him-&#13;
self, he almost invariably goes on to explain them&#13;
as well.”&#13;
&#13;
“ Still,’ I urged, “an explanation may be&#13;
illuminating. Mayn’t there be an advantage in&#13;
judicious repetition. You become more saturated&#13;
with the subject.”&#13;
&#13;
“How often is it worth while ?” he demanded.&#13;
“ Give your readers credit for a little imagination if&#13;
you possess none yourself. Now explain this,” he&#13;
continued, still appearing to find a difficulty in&#13;
making his pipe draw. ‘‘ Leaving on one side the&#13;
relative literary merits of plays and novels, why do&#13;
people insist more and more on being amused.&#13;
when they go to the theatre, but less and less&#13;
when they read fiction ?”&#13;
&#13;
« Now you are accusing us of a lack of humour,”&#13;
I suggested.&#13;
&#13;
“Humour” he exclaimed, throwing his arms&#13;
above his head. “Humour! That is a great&#13;
thing to ask for. Humour, let me tell you, is one&#13;
of the rarest qualities in the world. Of course the&#13;
word is generally used when one means merely a&#13;
sense of the ridiculous.”&#13;
&#13;
“ What is the difference ? ”&#13;
&#13;
“Oh well, I take it that humour implies a touch&#13;
of emotion combined with an idea of incongruity.&#13;
Humour surely lies betwixt tears and smiles, closely&#13;
akin to both. We mustn’t expect to find it very&#13;
often. I stipulate for something far more com-&#13;
onan simply for a little—well, for a little&#13;
&#13;
un.”&#13;
&#13;
«A funny novel would be as depressing as a&#13;
fonny man,” I returned.&#13;
&#13;
“7 don’t wish for a funny novel, but for a novel&#13;
with some fun init . . . quiteanother thing. On&#13;
the stage we have a good deal of what is at least&#13;
intended for fun. In novels with one or two&#13;
exceptions we have remarkably little. Now, how&#13;
do you account for that ?” he asked, leaning back&#13;
in his chair as if he were content to wait in vain&#13;
for a reply.&#13;
&#13;
“(Can it be,’ I ventured, “because a larger&#13;
proportion of men go to the theatre than to the&#13;
&#13;
circulating libraries ? The bulk of novel readers&#13;
are women and one naturally tries to suit one’s&#13;
public.”&#13;
&#13;
Desmond glared at me over his spectacles, so&#13;
that I began to feel more than ever like a guilty&#13;
thing :&#13;
&#13;
“You justify that kind of truckling?” he&#13;
exclaimed.&#13;
&#13;
« A man who tells you a story that you don’t&#13;
wish to hear, is just a bore, you know.”&#13;
&#13;
“ Besides,” said Desmond, “ you must be forget-&#13;
ting that the moralists warn us that the craving&#13;
for amusement on the part of women is one of the&#13;
serious evils of the day.”&#13;
&#13;
“What they crave is entertainment,” I returned.&#13;
“They require their attention to be held. Now&#13;
‘amusement’ seems to signify entertainment with&#13;
agreeable objects.”&#13;
&#13;
“The fact of the matter is,” cried Desmond,&#13;
“that novel writing is ceasing to be an art.”&#13;
&#13;
«“T was under the impression,” I said very&#13;
humbly, “that in spite of all our faults, we&#13;
were credited with a certain improvement in&#13;
technique.”&#13;
&#13;
« Well, that may be so,” he admitted grudgingly.&#13;
“A good many of you are clever, but few are wise.&#13;
No doubt many write fairly well, but what you&#13;
have to say is not often concerned with the&#13;
beautiful.”&#13;
&#13;
“You forget that for the most part we have to&#13;
deal with modern life !”&#13;
&#13;
“My dear chap, you shouldn’t try to be cynical&#13;
off duty,” was the answer. “If you are worth your&#13;
salt, you ought to have enough insight to see&#13;
through the trappings that modern life is as&#13;
beautiful and as ugly—neither more nor less—as&#13;
life has ever been. You simply put beauty on the&#13;
shelf—or at least,’ he added, with a laugh,&#13;
“you don’t. Look through the contents of any&#13;
circulating library—I see girls doing it every&#13;
week.”&#13;
&#13;
“Oh come,” I cried, “you are not going to drag&#13;
the young person into it again.”&#13;
&#13;
“Well, I certainly don’t like her books,” he&#13;
confessed. “And yet, you prohibit certain&#13;
undesirable advertisements on street hoardings.&#13;
The circulating library shelves are almost as&#13;
accessible. Still, we will leave the young person&#13;
out of it, and think only of those others who still&#13;
possess a sense of decency. If you are not careful&#13;
you will have a censor of novels as well as of&#13;
plays.”&#13;
&#13;
“ Poor wretch !&#13;
sinecure !”&#13;
&#13;
«J was going to say when you interrupted me,”&#13;
Desmond continued, “that if you look through the&#13;
shelves of any circulating library, it is absolutely&#13;
appalling to open one book after another full&#13;
of sheer hideousness. I suppose, though, it&#13;
is rather old-fashioned to believe that vice is&#13;
hideous.”&#13;
&#13;
His berth wouldn’t be a&#13;
    &#13;
&#13;
92&#13;
&#13;
«You ought to define your terms,” I hinted.&#13;
&#13;
But Desmond shook his head :&#13;
&#13;
“ Tt’s too close to midnight,” he said.&#13;
&#13;
“Anyhow, you must admit that a great deal&#13;
depends on the treatment,” I persisted.&#13;
&#13;
“A great deal, I grant. But then the open&#13;
air treatment is ousting every other. The windows&#13;
are thrown up, the blinds are absent, very nearly&#13;
everything is done out of doors. Surely there are&#13;
human functions which it is undesirable to witness,&#13;
to talk about, even to write about.”&#13;
&#13;
“In fact, you would discourage any attempt to&#13;
deal seriously with life !”&#13;
&#13;
“ With life! Good Lord,” cried Desmond, “ isn’t&#13;
it possible to deal seriously with life and yet not to&#13;
be everlastingly trafficking with the seventh&#13;
commandment.”&#13;
&#13;
“ You would prefer a story with a moral !”&#13;
&#13;
“ ] should hate it,” he answered, furiously. “It&#13;
may be as unmoral as you please, but for goodness’&#13;
sake let me have something as a change from&#13;
immorality. Don’t you understand that ugliness&#13;
in art should be used only as a foil to beauty ! But&#13;
you make the hideous an end in itself. You are sel-&#13;
dom tragic, but instead of making me shudder, you&#13;
make me sick, and you compel me to hold my&#13;
nostrils instead of my sides.”&#13;
&#13;
“Well,” I suggested, “let me give you some&#13;
more whiskey.”&#13;
&#13;
“No, thank you, no more to-night,” said&#13;
Desmond and the following day I learned that he&#13;
was keeping his bed with influenza. Of course, he&#13;
must have been sickening the previous night ; no&#13;
doubt the poor fellow’s temperature had already&#13;
risen above the normal, thus accounting for his&#13;
extremely crude and sweeping assertions. 3&#13;
&#13;
——____+—~»—_ —__&lt;_&#13;
&#13;
COMMENTS ON COMMENTS.&#13;
&#13;
1&#13;
&#13;
CANNOT allow the “ Comments on Thack-&#13;
&#13;
eray’s ‘Essay on Pope,” which appeared&#13;
&#13;
in the November issue of Zhe Author, to pass&#13;
without one or two words of protest.&#13;
&#13;
The contemptuous estimate of Pope’s character by&#13;
the writer of the article will be rather galling to those&#13;
to whom his personal good qualities far outweigh&#13;
his disagreeable ones. It must never be forgotten,&#13;
&#13;
in thinking over what he accomplished, that he&#13;
was deformed, and from a child of a sickly nature.&#13;
And yet a weak body must have contained a strong&#13;
and attractive mind, to allure to itself as staunch&#13;
and life-long friends the author of the “ Beggar’s&#13;
Opera,” John Gay; he of the “ Seasons,” James&#13;
Thomson ; and last, but perhaps the greatest of&#13;
&#13;
THE AUTHOR.&#13;
&#13;
the trio, Dean Swift. Nor must I omit “ My St.&#13;
John,” the brilliant and versatile politician, Lord&#13;
Bolingbroke :— :&#13;
&#13;
“ Awake, my St. John ! leave all meaner things&#13;
To low ambition and the pride of kings.&#13;
Let us (since life can little more supply&#13;
Than just to look about us and to die)&#13;
Expatiate free o’er all this scene of man.&#13;
&#13;
. * * + -&#13;
&#13;
Laugh where we must, be candid where we can ;&#13;
But vindicate the ways of God to man.”&#13;
&#13;
This keynote is struck by one of whom, accord-&#13;
ing to the essayist in The Author, “it is a little&#13;
difficult to think generously.”&#13;
&#13;
That Pope’s heart was in the right place is&#13;
evidenced, I think, by the modest and truly&#13;
unselfish wish that his might be the task to&#13;
“rock the cradle of reposing age .. . and keep&#13;
awhile one parent from the sky.” The most&#13;
virulent critics do not deny that he was a good&#13;
son to father and mother. That he was capable of&#13;
deeper feelings than he is given credit for in the&#13;
article under review is proved by the mournful&#13;
lines commencing :—&#13;
&#13;
“ How loved, how honoured once,” etc.&#13;
&#13;
These are worthy of being placed side by side&#13;
with the solemn, the sad, the true reflection on&#13;
human existence as “rounded by a sleep,” which&#13;
is one of the gems in Shakespeare’s “ Tempest.”&#13;
&#13;
This man, whose “ philosophy of life is just one&#13;
bitter satire,” so the comments run; this mis-&#13;
shapen, small and delicate creature, how reads a&#13;
portion of his literary record? This is what&#13;
Professor Henry Morley says :—‘‘ Under Queen&#13;
Anne he was anoriginal poet . . . under George I.&#13;
he was a translator and made much money . . . he&#13;
also edited Shakespeare, but with little profit to&#13;
himself, for Shakespeare was but a Philistine in the&#13;
eyes of the French classical critics.” This man,&#13;
then, of sarcasm, more or less venomous, more or&#13;
less cruel, could so admire the ‘ unvalued book :&#13;
(so spoken of by Milton in his day) that at little&#13;
profit to himself, but with much labour, he edited&#13;
Shakespeare’s plays; he tried to turn men’s&#13;
attention “from the culture of the snuff-box and&#13;
the fan” to the problems and pathos of humanity,&#13;
as discussed and displayed in undying glory of wit&#13;
and wisdom and individuality of character—those&#13;
plays whose words of matchless diction irradiate&#13;
with beauty and truth.&#13;
&#13;
One more quotation from the comments ere I&#13;
bring my remarks to a close :— There is hardly a&#13;
page in all Pope’s poetry which does not hold a&#13;
satire.” Well, I find many pages quite otherwise.&#13;
&#13;
  &#13;
&#13;
 &#13;
&#13;
 &#13;
 &#13;
&#13;
THE AUTHOR. 93&#13;
&#13;
4 As, for instance, I find on one page this glorious&#13;
og poetry, as fine as anything ever written :—&#13;
&#13;
 &#13;
&#13;
fe&#13;
&#13;
4&#13;
&#13;
HT&#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
“What blessings Thy free bounty gives,&#13;
Let me not cast away ;&#13;
For God is paid when man receives,&#13;
To enjoy is to obey.&#13;
&#13;
“Tf Tam right, Thy grace impart&#13;
Still in the right to stay ;&#13;
If I am wrong, oh, teach my heart&#13;
To find that better way.&#13;
&#13;
“ Teach me to feel another’s woe,&#13;
To hide the fault I see ;&#13;
That mercy I to others show,&#13;
That mercy show to me.&#13;
&#13;
“This day be bread and peace my lot :&#13;
All else beneath the sun&#13;
Thou know’st if best bestowed or not ;&#13;
And let Thy will be done.”&#13;
&#13;
There are many whoare proud of being English-&#13;
men ; there are not a few who are just as proud of&#13;
the heritage left to them by the “little crooked&#13;
thing” in their land’s language. Filmy fancies,&#13;
charming conceits, and the ‘solid pudding” of&#13;
sound common sense are offered to all with a wealth&#13;
of graceful poetic illustration. It is as a com-&#13;
panion Pope excels. He ranges ‘from grave to&#13;
gay, from lively to severe”; he is a persuasive&#13;
teacher of worldly prudence, of good morals, of&#13;
healthy hopes, and this without the jargon of the&#13;
schools and, above all, without cant.&#13;
&#13;
J. Harris BRIGHOUSE.&#13;
&#13;
——_+—&lt;—_+___—__-&#13;
&#13;
THE TWENTY-SEVENTH CONGRESS OF&#13;
THE INTERNATIONAL LITERARY AND&#13;
ARTISTIC ASSOCIATION.&#13;
&#13;
——&gt;—&#13;
&#13;
(Liége, Brussels, Antwerp ; 18-24 September,&#13;
1905.)&#13;
&#13;
HIS congress, brightened by a greater diver-&#13;
&#13;
sity than usual of féfes and excursions of&#13;
&#13;
: a very interesting character, consisted of&#13;
six séances. Three were held at lLiége, one at&#13;
Brussels, and one at Antwerp. Of these, four&#13;
were devoted to strictly copyright questions ; the&#13;
subjects under discussion in the first and last&#13;
were connected with the important problem of&#13;
the further extension of the Berne Convention.&#13;
Several of the debates were occupied with the&#13;
consideration of questions that are only of secon-&#13;
dary interest to authors, such as ‘The Industrial&#13;
Applications of Art,” “The Public Performance&#13;
of Musical Works,” ‘Gratuitous Performances,”&#13;
* Protection of Public Sites and Ancient&#13;
&#13;
Monuments,” and “The Protection of Objects in&#13;
Museums.” A mention of these may suffice. The&#13;
purely literary questions were, however, of very&#13;
great interest, and will demand fuller attention.&#13;
&#13;
Foremost amongst the literary questions must&#13;
be placed the duration of copyright, which was&#13;
discussed at some length. This is a matter of&#13;
the highest interest to all authors, and of particular&#13;
interest to British authors, who may be well dis-&#13;
contented with having a duration of rights shorter&#13;
than that accorded by many insignificant States&#13;
possessing but a poor literature, and that dura-&#13;
tion of rights placed upon a confused and highly&#13;
unsatisfactory basis. We call the basis unsatis-&#13;
factory because it is liable in certain cases to be&#13;
calculated from the date of the first publication&#13;
of the work protected. That date is often, even&#13;
in the case of well-known authors, extremely&#13;
difficult to discover. The date of the author's&#13;
death, on the other hand, can be always easily&#13;
ascertained. And for that reason alone pro-&#13;
tection for life, anda definite period afterwards,&#13;
is infinitely to be preferred to any arrangement&#13;
based upon the moment of the publication of&#13;
a work. The congress was, of course, entirely&#13;
opposed to quaint anomalies of any kind.&#13;
&#13;
In fact, they found a constant source of grave&#13;
inconveniences even in the diversities of the dura-&#13;
tions of copyright in the different countries of&#13;
the union. When legal action is taken in accor-&#13;
dance with the provisions of the Convention, the&#13;
judges find themselves in every case obliged to&#13;
take into consideration the durations of copyright&#13;
in the country of origin, and in the country of&#13;
reproduction ; and where a difference of duration&#13;
exists, difficulties of various kinds invariably&#13;
arise, whilst in any case only the shorter period&#13;
can be legally dealt with. The result of this&#13;
is an amount of confusion that has much assisted&#13;
to generate a cynical scepticism concerning the&#13;
actual utility of the Berne Convention. This is&#13;
to be deplored. But all these difficulties will&#13;
immediately vanish as soon as a general radical&#13;
reform shall have made the duration of copyright&#13;
equal in all States. ‘The advantages of such a&#13;
reform would be so great that anything to be&#13;
urged against it may be justly held to be of&#13;
minimal importance. A comparison of the various&#13;
durations of copyright led the congress to believe&#13;
that the period of “life and fifty years afterwards ”&#13;
seemed to have the best chance of universal accept-&#13;
ance. The congress was unanimous on this im-&#13;
portant point. At the same time it was disposed&#13;
to consider of no small moment the fact that the&#13;
term of protection in Spain is life and eighty years&#13;
afterwards. For which reason the congress opined&#13;
that life and fifty years should be regarded as a&#13;
minimum.&#13;
    &#13;
&#13;
94&#13;
&#13;
A more complicated question is that of formali-&#13;
ties, and this question occupies a larger space than&#13;
any other in the report of the congress. The&#13;
congress was of opinion that in international&#13;
relations formalities have no right to exist. They&#13;
are the source of nothing but nuisances, and con-&#13;
stantly impede successful legal proceedings. It&#13;
was contended that the mere fact of having pub-&#13;
lished a book should entitle the author to all&#13;
rights accorded him by the Convention. (This&#13;
amounts to the suppression of the second clause&#13;
of Article 2.) It appears that at present the&#13;
formalities of deposition or registration, or of&#13;
both, are necessary only in Haiti, Spain, and&#13;
Italy. Italy and Spain allow the author some&#13;
time during which to comply with the requirements&#13;
—but at the risk of piracy, against which he can-&#13;
not proceed during the interval. In Great Britain,&#13;
France, and Japan, deposition and registration are&#13;
necessary only before taking legal action. The&#13;
various speakers on the subject were theoretically&#13;
in favour of the complete suppression of formall-&#13;
ties, and regarded this as the certain ultimate&#13;
solution of the various difficulties. But it was&#13;
admitted that, at least at present, it was highly&#13;
doubtful whether this was possible. Meanwhile,&#13;
the proposition that the neglect of formalities should&#13;
have no international importance involved the in-&#13;
consistency that, in this case, it would be possible&#13;
for an author who had no rights in the country of&#13;
origin, to have in other States larger rights than&#13;
its own citizens legally enjoyed. On the question&#13;
being put to the vote, a fundamental proposition in&#13;
favour of the abolition of formalities was carried.&#13;
&#13;
A suggestion that a new form should be given&#13;
to Article 14 of the Convention, which deals with&#13;
retroactivity, led to a discussion of a somewhat&#13;
confused character. The danger of trespass&#13;
beyond the legitimate province of international&#13;
relations appeared to be involved, and the con-&#13;
ference contented itself with a modified resolution,&#13;
which will be found below. :&#13;
&#13;
The fourth article of the Convention was also&#13;
subjected to criticism, as wanting in “system.” A&#13;
new text was proposed, but as it was not discussed,&#13;
nor indeed regarded as final, it may suffice to say&#13;
that it offers a somewhat fuller and more orderly&#13;
definition of what should be understood by&#13;
“literary and artistic works.” Scenic decorations&#13;
in theatres, photographs, architectural designs,&#13;
engineers’ designs, and lectures would be included.&#13;
The report mentions also that a hope was enter-&#13;
tained that the duration of secondary rights (trans-&#13;
lations, &amp;c.) would ultimately be made commen-&#13;
gurate with the duration of the copyright itself.&#13;
&#13;
In the discussion of the Extension of the Union,&#13;
three States only of those which are outside it&#13;
came into consideration—the United States of&#13;
&#13;
THE AUTHOR.&#13;
&#13;
      &#13;
 &#13;
&#13;
America, Holland, and Roumania. A full dis-&#13;
cussion of the relations of the unionist countries&#13;
with the United States was not possible; and the&#13;
congress contented itself with acquiescing in&#13;
M. Osterrieth’s conclusions, which recommended&#13;
that, on the one hand, the unionist countries —&#13;
should make common cause in seriously pressing&#13;
the United States to accord strangers a more&#13;
satisfactory protection; and that, on the other ©&#13;
hand, within the United States themselves authors&#13;
&#13;
and publishers should take a saner view of the © ij&#13;
advantages that would accrue to themselves from "2&#13;
this protection, in the shape of a higher develop-&#13;
ment of the national literature. :&#13;
&#13;
Holland was described as “The Holy Land of ©&#13;
Pirates” : a country where ‘‘ a coalition of mercan-&#13;
tile interests, ingeniously disguised as protective&#13;
of national labour, and yet more ingeniously as a&#13;
means of popular diffusion of the highest forms&#13;
of literature,” supported a system that paid no~&#13;
regard to rights of any kind. It was further&#13;
hinted that, even at the present date, literature&#13;
is not considered a profession in Holland. All §&#13;
authors are mere dilettanti who amuse themselves _&#13;
with writing in their spare moments, and any man&#13;
who considers his pen a source of income is&#13;
beneath contempt. Some hopes of more en-&#13;
lightened views are, however, entertained since&#13;
the foundation of the Dutch Society of Authors&#13;
(Vereeniging van Letterkundigen), which has on&#13;
its roll of members the names of 120 of the best&#13;
known writers in Holland.&#13;
&#13;
The Roumanian Government, on the other&#13;
hand, was officially represented. The delegate&#13;
was not able to announce the adhesion of Roumania&#13;
to the Berne Convention—an adhesion mistakenly&#13;
reported in some journals. But he informed the&#13;
congress that his government was engaged in&#13;
drafting a new copyright law, which will supersede&#13;
the imperfect one of 1862. The passing of this&#13;
new statute will greatly facilitate Roumania’s&#13;
adhesion to the Berne Convention. And in the&#13;
name of his government he invited the association&#13;
to hold their next congress at Bucharest, an&#13;
invitation that was immediately accepted.&#13;
&#13;
The following resolutions, with some others of&#13;
minor interest, were passed by the congress.&#13;
&#13;
 &#13;
&#13;
The congress again approves the project of the&#13;
revision of the Berne Convention adopted at the -&#13;
congresses of Weimar and Marseilles, and it desires&#13;
that the provisions affirming the following principles&#13;
should be inserted in the project :-—&#13;
&#13;
I&#13;
The enjoyment of the rights recognised by the ye&#13;
Convention ought not to be conditional upon Hite&#13;
compliance with any formality.&#13;
&#13;
 &#13;
AMigogon T&#13;
&#13;
tte&#13;
&#13;
(a Ode&#13;
&#13;
 &#13;
&#13;
yt ge&#13;
Og&#13;
&#13;
  &#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
 &#13;
&#13;
7) dramatic talent—‘ The Pioneers.”&#13;
&#13;
 &#13;
&#13;
THER AUTHOR.&#13;
&#13;
LT,&#13;
&#13;
The duration of copyright shall be a minimum&#13;
of the life of the author and fifty years afterwards.&#13;
&#13;
Il.&#13;
&#13;
The stipulationsrespecting retroactivity (Art. 14)&#13;
should apply to all new rights recognised by the&#13;
Conferences of Revision.&#13;
&#13;
—_—_————_+—_—___——__&#13;
&#13;
CORRESPONDENCE.&#13;
&#13;
os&#13;
Pornts oF VIEW.&#13;
Str,—May I offer a few words in reply to&#13;
&#13;
1 Mr. Ascher’s interesting article in the November&#13;
_ Author ?&#13;
&#13;
I do not think my point of view actually diverged&#13;
from that expressed in Mr. Begbie’s sensible advice&#13;
to journalists. He dealt frankly with the com-&#13;
mercial side of our profession: I dealt with the&#13;
artistic, and the two sides have little to do with&#13;
each other.&#13;
&#13;
The fact I wished to emphasise was, that while&#13;
there is a mighty number of magazines for a&#13;
certain class of reader, another class, and not a&#13;
small one, goes lacking. Also, that there is no&#13;
opening in our English magazines for original&#13;
work of a high order.&#13;
&#13;
He who writes to make a living and he who&#13;
writes because he can’t help it need not interfere&#13;
with each other. The best advice to the former&#13;
is: “Strive to please the ordinary public.” The&#13;
best advice to the latter is: “Strive to satisfy&#13;
your own artistic conscience and the most fastidious&#13;
taste.” Some day or other the best must come to&#13;
the top, but the process is a slow one at present—&#13;
much slower than in the days of George Eliot and&#13;
Jane Austen—and I would see it gently assisted by&#13;
the great English magazines, whose readers are&#13;
waiting impatiently for it—those readers who want&#13;
literature, not journalism.&#13;
&#13;
Thanking Mr. Ascher for the kind things he&#13;
says of my work.&#13;
&#13;
T am, yours truly,&#13;
&#13;
Mary L. PENDERED.&#13;
—_-—&lt;—+—&#13;
&#13;
Matters DRAMATIC.&#13;
&#13;
Dear Sir,—As no one, so far, has called&#13;
attention in Ze Author to what is, in my opinion,&#13;
one of the most interesting literary events of the&#13;
passing year, may I be permitted todoso. I refer&#13;
to the formation of a new society, whose primary&#13;
object is the discovery and exploitation of native&#13;
Under the&#13;
&#13;
 &#13;
&#13;
95&#13;
&#13;
management of a strong executive council, of&#13;
which Mr. Arthur Bourchier is chairman, the&#13;
society proposes not “ to bewail the decadence of&#13;
the British drama,” but to give a hitherto non-&#13;
existent chance to the as-yet-unacted British&#13;
dramatists, who may, it is hoped, revive it. Plays&#13;
can be sent in by the aspiring playwright, whether&#13;
a member of the society or not, with the certainty&#13;
of their consideration by the council. From&#13;
amongst the number submitted the most suitable&#13;
for theatrical representation will be chosen, and&#13;
duly presented to an audience which should be&#13;
ideal from a dramatic author’s point of view, for it&#13;
will consist of theatrical managers, actors, authors,&#13;
brother-playwrights, and others whose first interest&#13;
is in the play as a play ; and not as a vehicle for an&#13;
hour or two’s amusement. The inaugural per-&#13;
formance is to take place at the Scala Theatre on&#13;
December 17th next, and has already aroused&#13;
widespread interest. The welcome accorded to&#13;
the new society can only be described as enthu-&#13;
siastic, but an increase of membership is very&#13;
desirable. The subscription is one guinea for the&#13;
year, and carries with it the right to two tickets&#13;
for every performance given by the society. Any&#13;
enquiries addressed to the hon. sec., 1, Trafalgar&#13;
Buildings, Northumberland Avenue, W.C., will,&#13;
I am sure, be readily answered, and | would&#13;
suggest that all who have the interests of the&#13;
British drama at heart should put themselves in&#13;
communication with him forthwith.&#13;
&#13;
SretitaA M. Dirine.&#13;
&#13;
rt&#13;
&#13;
THE JATERATURE OF AUSTRALIA.&#13;
&#13;
i&#13;
&#13;
Duar Srr,—Noticing an interesting account of&#13;
Australian writers in your last issue, | was some-&#13;
what surprised—considering its fullness—that no&#13;
mention was made of that best known of all&#13;
colonial novelists, Ethel Turner, whose stories for&#13;
children have been so well received in England.&#13;
In Australia, as I happen to have heard from&#13;
friends in that country, she is, without exaggera-&#13;
tion, a household name, far above many your&#13;
writer has mentioned, and equal to any that he&#13;
has. I have also read and noticed reviewed this&#13;
year a novel by * Constance Clyde,” which gives a&#13;
new and vivid description of Sydney city life, she,&#13;
I read from one of the reviews, being a well-&#13;
known writer on one or two of the best papers in&#13;
Australia. oe a&#13;
&#13;
Hoping you will pardon this slight criticism of&#13;
your correspondent’s article.&#13;
&#13;
Yours obediently,&#13;
&#13;
E. BROADFIELD.&#13;
   &#13;
&#13;
96&#13;
Il.&#13;
&#13;
Srr,—I am very sorry for the omission of Miss&#13;
Ethel Turner’s name from my article on “« Aus-&#13;
tralian Literature,” and do not know how I came&#13;
to forget so well known an author. I am glad&#13;
that the error will be corrected by the publication&#13;
of your correspondent’s letter on the subject.&#13;
&#13;
Indeed, I fear that owing to my not having been&#13;
lately in the colonies, there may be yet other&#13;
omissions, but I trust this may not be the case&#13;
with authors of note. My idea was rather to give&#13;
the general trend of Australian literature from its&#13;
beginning than to enumerate contemporary writers,&#13;
and I confess that I do not know the author,&#13;
“Constance Clyde,” of whom your correspondent&#13;
speaks.&#13;
&#13;
I am, yours sincerely,&#13;
&#13;
R. M. PRAED.&#13;
&#13;
CHAPTER HEADLINES.&#13;
&#13;
Dear Srr,—A novel reader recently asked me&#13;
why many books are now published without chapter&#13;
headings. Can any novelist answer ? Is it art,&#13;
or simply idleness, or just a vogue ?&#13;
&#13;
If the chapters of a novel have no title or head-&#13;
line, why not abolish the table of contents also ?&#13;
Such information as “Ch. V. p. 50” is of no use&#13;
to anyone. It would be much better to put the&#13;
number of each chapter either as a headline, or a&#13;
“Sig.” on each odd page.&#13;
&#13;
Then, what is the use of repeating the title of a&#13;
novel as its headline on every page. “Old Brown”&#13;
may be all right on the cover, but as he probably&#13;
is the subject of every one of three hundred pages&#13;
it is quite unnecessary to have the title paraded in&#13;
large caps three hundred times or more. When&#13;
the title is no indication to the contents of the&#13;
volume its vain repetition is but the constant&#13;
reiteration of an unwarrantable impertinence.&#13;
&#13;
In a recently-issued American novel the story is&#13;
divided into more than half-a-dozen titled “books,”&#13;
and each book consists of from six to twelve un-&#13;
titled chapters—but there is no table of contents !&#13;
There appears to be no rule, and the practice&#13;
varies.&#13;
&#13;
Any story which is not intended to be read&#13;
through at a single sitting should consist of&#13;
sections; and, as a convenience to the reader,&#13;
these sections or chapters should be named rather&#13;
than numbered only. his is my opinion and&#13;
that of novel readers I have consulted. What do&#13;
the novelists say ?&#13;
&#13;
WILL. GREENER.&#13;
&#13;
THE AUTHOR.&#13;
&#13;
Unit oF AN EbITION,&#13;
&#13;
Srr,—With reference to what is mentioned in&#13;
the November issue of Zhe Author, under the&#13;
heading of ‘‘ Committee Notes,” about the unit of&#13;
an edition, I would like to suggest (what, doubtless,&#13;
has already been proposed) that the society agree&#13;
with the Publishers’ Association that the word&#13;
“sedition” mean all the copies of a work in which the&#13;
wording is the same, and the word “ issue” all those&#13;
copies of an edition which are published at one&#13;
time. To say that a work is in its second or any&#13;
other edition would then show how many times it&#13;
has undergone alteration. These words are, I&#13;
think, used in this sense by Messrs. Macmillan, but&#13;
I do not know whether by any other firm of&#13;
publishers.&#13;
&#13;
There does not seem to me much real need to&#13;
define how many copies constitute either an issue&#13;
or an edition, for the number must depend so much&#13;
upon the nature of the work ; but what people do&#13;
most urgently want to know is that they are buy-&#13;
ing really a copy of the latest revised issue of any&#13;
work, and the use of the word edition in the&#13;
above-suggested sense, with the date, would always&#13;
give them that information.&#13;
&#13;
Husert Hass.&#13;
&#13;
A Muissine VOLUME.&#13;
&#13;
Sir,—Permit me to rectify two slight slips&#13;
which crept into my communication under this&#13;
head in last month’s organ.&#13;
&#13;
The name of the supposed authoress of “ Rebecca,&#13;
or the Victim of Duplicity,” is Mrs. Holebrook of&#13;
Sandon, Derbyshire, and the precise style of the&#13;
present resting-place of the two volumes, the&#13;
Library of the University of Paris, Bibliotheque&#13;
de la Sorbonne. I may add that the third volume&#13;
we are so anxious to find has not, as yet, been&#13;
traced.&#13;
&#13;
Crcil CLARKE.&#13;
&#13;
——&#13;
&#13;
REFERENCE BOOKS.&#13;
&#13;
Srr,—In reply&#13;
Littérateur ” on page 64 of the November number,&#13;
he should certainly obtain a copy of F. Howard&#13;
Collins’s ‘Author and Printer,”&#13;
revised, in which he will find on p. xiv. the books&#13;
constituting ‘a useful library of reference,” from&#13;
which a selection for travelling could be made.&#13;
&#13;
A MEMBER.&#13;
&#13;
to the question of “A Struggling —&#13;
&#13;
  second edition —</text>
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