https://historysoa.com/files/original/5/515/1906-04-01-The-Author-16-7.pdf 369ae41181c61f341ded9e85ad9eecae PDF Text Text ���������������������������������� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Author Subject The topic of the resource <em>The Author</em> Description An account of the resource A digitised run of the Society of Authors' monthly periodical, <em>The Author</em>, 1890<span>–</span>1914, made available together for the first time.<br /><br />Currently users can browse issues and <a href="https://historysoa.com/items/browse?search=&amp;advanced%5B0%5D%5Bjoiner%5D=and&amp;advanced%5B0%5D%5Belement_id%5D=51&amp;advanced%5B0%5D%5Btype%5D=is+exactly&amp;advanced%5B0%5D%5Bterms%5D=Index&amp;collection=&amp;type=&amp;tags=&amp;exhibit=&amp;date_search_term=&amp;submit_search=Search+For+Items&amp;sort_field=Dublin+Core%2CTitle">indices</a> (not available for all volumes). Full text search for all issues, and other additional search functionality, will be added in 2022. Date A point or period of time associated with an event in the lifecycle of the resource 1890–1914 Identifier An unambiguous reference to the resource within a given context The-Author-Issues Publication Date The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format) 1906-04-01 Volume 16 Issue 7 Pages Page range in volume 189–220 Ngram Date Version of the date in YYYYMMDD format for use by the Ngram plugin 19060401 Ngram Text Version of the text with no HTML formatting for use by the Ngram plugin FOUNDED BY SIR (The Organ of the Incorporated Society of Authors. Che Huthor. Monthly.) WALTER BESANT. Vou. XVI.—No. 7. APRIL Isr, 1906. [Prick SrxPENCE. TELEPHONE NUMBER : 374 VICTORIA. TELEGRAPHIC ADDRESS: AUTORIDAD, LONDON. +> NOTICES. —+~>—+ OR the opinions expressed in papers that are K signed or initialled the authors alone are responsible. None of the papers or para- graphs must be taken as expressing the opinion of the Committee unless such is especially stated to be the case. Tue Editor begs to inform members of the Authors’ Society and other readers of The Author that the cases which are from time to time quoted in The Author are cases that have come before the notice or to the knowledge of the Secretary of the Society, and that those members of the Society who desire to have the names of the publishers concerned can obtain them on application. —_+-—>— + —— List of Members. Tne List of Members of the Society of Authors published October, 1902, at the price of 6d., and the elections from October, 1902, to July, 1903, as a supplemental list, at the price of 2d., can now be obtained at the offices of the Society. They will be sold to members or associates of the Society only. i The Pension Fund of the Society. Tur Trustees of the Pension Fund met at the Society’s Offices, March 5th, 1906, and having gone carefully into the accounts of the fund, decided to invest a further sum. ‘They have now pur- chased £200 Cape of Good Hope 34 per cent. Inscribed Stock, bringing the investments of the fund to the figures set out below. VoL, XVI. This is a statement of the actual stock; the money value can be easily worked out at the current price of the market :— MONRUIS 2S [6 £1000 0 0 Heocal 10ans 3.2 eee. 500 0 06 Victorian Government 3 % Consoli- dated Inscribed Stock ............... 291 19 1? Mar WOan: +662 201 9 8 London and North Western 3 % Deben- ture Stock 25.5. ies 250 0 0 Egyptian Government Irrigation “rust 4% Certificates 2..........<... 200 0 0 Cape of Good Hope 34% Inscribed StOCK ic ce ers te ek 200 0. 0 Wotal ...5.05.5... £2,643 9 2 DS ee Subscriptions, 1905. £ s. a. July 13, Dunsany, the Right Hon. the Lord : : ; : : = 0. 00 Oct. 12, Halford, F. M. 0 5 06 Oct. 12, Thorburn, W. M. 010 0 Nov. 9, ‘ Francis Daveen’’. 0 5 0 Noy. 9, Adair, Joseph 11 0 Nov. 21, Thurston, Mrs. 1170 Dec. 18, Browne, F. M. 0-5. 0 1906. March 7, Sinclair, Miss May Lb 0 March 7, Forrest, G. W. 2.270 March 8, Simpson, W. J. 0 5 0 March 8, Browne, F. M. 0 5 0 Donations, 1905. Nov. 6, Reynolds, Mrs. Fred. I i 06 Nov. 9, Wingfield, H. 010 6 Nov.17, Nash, T. A. . 12120 Dec. 1, Gibbs, F. L. A. 010 6 Dec. 6, Finch, Madame 113 6 Dec. 15, Egbert, Henry ; 0 5 0 Dec. 15, Muir, Ward . : Le 10 Dec. 15, Sherwood, Mrs. A. . 010 O Dec. 18, Sheppard, A. T. 010 6 Dec. 18, 8. I. G. ; 010 0 190 1906. £8. 6 Jan. 2, Jacobs, W. W. ; ; : Jan. 6, Wilkins, W. H. (Legacy) 0. Jan. 10, Middlemas, Commander A. C. Feb. 5, Roe, Mrs. Harcourt Feb. 5, Yeats, Jack B. ‘ Feb. 12, White, Mrs. Caroline Feb. 13, Bolton, Miss Anna Feb. 28, Weyman, Stanley March 7, Hardy, Harold March 12, Harvey, Mrs. or on 0 10 5 10 10 ROomoocoooleo eSseocoececseocoo- Or COMMITTEE NOTES. — to MEETING of the Committee of Management of the society was held on Monday, the 5th of March, at the offices of the society, 39, Old Queen Street, Storey’s Gate, S.W. After the minutes had been read and signed fourteen members and associates were elected, making the total number for the current year fifty-six. The secretary reported that the date of the dinner had been settled for May 9th, at the Criterion Restaurant, and the committee decided to charge 7s. 6d. for the tickets. Formal notice of the dinner will be sent round to the members of the society in due course. Two or three important cases came before the committee for discussion. One of these was adjourned for further information, till the April meeting ; another was left for decision in the hands of the solicitors of the society ; and a third was referred to the dramatic sub-committee. The committee dealt with other matters which, owing to their confidential nature, it is impossible to chronicle. After the meeting of the committee, a meeting of the trustees of the Pension Fund was held. The secretary placed before the trustees a detailed statement of the present finances, and the trustees decided to invest another £200 in the purchase of Cape of Good Hope 82 per cent. Inscribed Stock, and to recommend the payment of another pension of £35 a year to the Pension Fund Committee of the society. Formal notice of the purchase will be recorded in 7'he Author, and the Pension Fund Committee will, in due course, have the trustees’ report laid before them. It will interest members of the society to see that the fund is steadily increasing. ———— Cases. Tux tally of cases since the issue of the last num- ber of The Author isten. Four of these dealt with the retention of MSS. by publishers or editors, and in _Machen, Arthur THE AUTHOR. three the MSS. have been forwarded to the society’s office and returned to the authors. The fourth case is rather more difficult to deal with, owing to the unbusinesslike methods of the publisher. A question of infringement of copyright is ina fair way of being completed. The case is quite clear, and the author’s right has been acknowledged, but the terms of settlement have not as yet been determined. In three cases the secretary has been forced to apply for accounts and money. One has terminated satisfactorily, and the other two will, no doubt, eventually have the same’ happy ending ; but the secretary has on previous occasions experienced considerable difficulty in dealing with the same houses. The firms neglect to render the accounts till the last minute, render explanations as tardily as possible, and pay cheques for the amount due only when the demand begins to grow persistent. In one case where money was demanded the sum has been paid and forwarded to the author. In one case where accounts alone were in dispute the matter has been settled. The back issues are gradually being cleared up. In fact there are only three outstanding. In one, accounts should be rendered, but they have not yet come to hand, although the publisher has promised to forward them. The other two are for the return of MSS.. In the latter cases the secre- tary’s demand has been partly successful, some MSS. have been returned, but there are still some MSS. outstanding. —1 March Elections. Cameron, Miss Elizabeth Trinity, Duns, Scotland. Waller (Elizabeth Waller) Clark, Wm. Abercombie Hemsby, near Yarmouth. Clench, Miss Nora. . 22, Blomfield Road, Maida Vale, W. Cook, W. Victor . . 18, South Street, Chichester. Park Point, Broughton, chester. 7, Cedars Road, Becken- — ham, Kent. Guilsborough Northampton. 5, Cosway Street, N.W. Eversley, Bridge of Weir, Renfrewshire. Great Dickson, J. M._, Higher Man- Drage, Miss E. Alice Harvey, Mrs. Hall, Osgood) (Irene Meldrum, Miss 8. Jane (Eric Falconer ; Eliza- beth Tytter) Saleeby, C. W. M.D., F.R.S.E. Simpson, W. J., M.D. Place, : 13, Greville N.W. 13, Queen Anne Street, THE AUTHOR. 11, Ridgmount Gardens, Bloomsbury, W.C. Treston, J. . . 16, Mirfield Drive, Monton Green, Lan- cashire. One member does not desire his name or address printed. Sparrow, Walter Shaw . + BOOKS PUBLISHED BY MEMBERS OF THE SOCIETY. ——— + (In the following list we do not propose to give more than the titles, prices, publishers, etc., of the books enumerated, with, in special cases, such particulars as may serye to explain the scope and purpose of the work. Members are requested to forward information which will enable the Editor to supply particulars. ) BIOGRAPHY. A Woman oF Wit AND Wispom. A Memoir of Elizabeth Carter, one of the “Bas Bleu” Society (1717—1806). By ALICE C. C. GAUSSEN. 8} x 5}. 263 pp. Smith Elder, 7s. 6d. n. Sir WALTER Scott. By ANDREW LANG, 7% X 5}. 258 pp. Hodder and Stoughton, 3s. 6d. BOOKS OF REFERENCE. Grove’s DICTIONARY OF Music AND Mustcians. Edited by J. A. FULLER MAITLAND. In Five Volumes. Vol. II. 91x 6. 794 pp. Macmillan, 21s. n. DRAMA. PARIS AND (NONE. By LAURENCE BINYON. 73 x 5}. 23 pp. Constable. 1s. n. Tue Soxc oF Songs. A Lyrical Folk-Play of the Ancient Hebrews. Arranged in Seven Scenes. By Francis Courts. With illustrations by H. Ospovat. Flowers of Parnassus.) 5} x 44. 67 pp. Lane. 1s. n. pp EDUCATIONAL. Tue IMPERIAL READER. Being a descriptive account of the Territories forming the British Empire. Edited by the Hon. W. P. REEvES and E. E. SPEIGHT. 7} x 5. 444 pp. Hodder and Stoughton. 2s 6d. n. Cmsar’s GALLIC WAR. Parts V. and VI. W. H. D. Rouse, Litt.D. 36 and 27 pp. Blackie. 6d. n. each. Tue PILGRIM’s Proaress. By JoHN BuNYAN. Parts LandIl. 125and128pp. EDMUND BURKE'S SPEECHES ON AMERICA. 128 pp. MacauLay’s THIRD CHAPTER. 128 pp. More’s Utopia. 128 pp. THE AGE OF THE ANTONINES. 104 pp. (First three chapters of Gibbon.) Edited by W. H. D. Rouse, Litt.D. 6} x 44. Blackie. 6d. each. ADVANCED ENGLISH SYNTAX. By C. T. ONTONS, M.A. 74 x 5}. Second Edition, Sonneschien. 2s. 6d. ENGINEERING. PRACTICAL ELECTRO CHEMISTRY. By BERTRAM BLOUNT. Second Edition. Revisedand brought up todate. 9 x 53. 394 pp. London: Constable. New York: The Mac- millan Co. 15s, n, Edited by i x ae. FICTION. Tue WAY OF THE SPIRIT. By H. RripER HAGGARD. 72x 5. 344 pp. Hutchinson. 65. Kari Heryrich. By W. Meyer Foerster. Sole authorized translation from the German by GRACE 191 BARLOW VON WENTZEL. Gowans and Gray. A Toy TRAGEDY. By Mrs. HENRY DE LA PASTURE’ Cheap Edition. 7% x5. 278 pp. Cassell. 3s. 6d. THE Porson oF ToncuEsS. By M. E. CaRR. 73 x 5. 320 pp. Smith Elder. 6s. CHRISTOPHER DEANE. A Character Study at School and College. By E. H. Lacon Watson. New and cheaper Edition. 73 x 54. 317 pp. Brown Langham. 3s. 6d. CONCERING PAUL AND FIAMMETTA. By L. ALLEN HARKER. 73x 5. 252 pp. Arnold. 6s. LOAVES AND FISHES. By BERNARD CAPES, 312 pp. Methuen. 6s. PRINCE CHARLIE. By BURFORD DELANNOY. 732 x 5. 318 pp. Ward Lock. 3s. 6d. MirRIAM LEMAIRE, MONEYLENDER. TON and HEATH HOSKEN. 7} x 5. 3s. 6d. THAT PREPOSTEROUS WILL, 320 pp. Ward Lock. 6s. THROUGH THE Mists: OR LEAVES FROM THE AUTO- BIOGRAPHY OF A SOUL IN PARADISE. Recorded for the author by R. J. Lexs. New Edition. 72 x 5. 385 pp. Welby. 6s. THe EpG@E or CIRCUMSTANCE. By EDWARD NOBLE. 8} x 53. 136 pp. Cheap Edition. Blackwoods. 6d. Lapy Basy. By DorRoTHEA GERARD. Cheap Edition. 208 pp. 8} x 54. Blackwoods. 6d. THE ForBIDDEN MAN. By CORALIE STANTON and HeatH Hosken. F.V. White. 3s. 6d. THE MAN WITH THE OPALS, By ALFRED WILSON- BARKETY and AUSTIN FRYERS. 7} x 5. 312 pp. Ward Lock. 6s. KARL GRIER: THE STRANGE STorRY OF A MAN WITH A SIXTH SENSE. By Louis TRAcy. 7} x 54. 277 pp. Hodder and Stoughton. 6s Tue GARDEN OF Mystery. By RICHARD MARSH. 72 x 5. 318 pp. J. Long. 6s. Tue Rea Mrs. DAYyBROoK. By FLORENCE WARDEN. 72x 5. 319 pp. J. Long. 6s. BROoWNJOHNS. By MABEL DEARMER. Smith Elder. 6s. Sea Spray. By F.T. BULLEN, F.R.G.S. 73} x 5. 313 pp. Hodder and Stoughton. 6s. THE PoisoN DEALER. By GEORGES OHNET. lated by F. ROTHWELL, 7$ X 5. 293 pp. Laurie. 6s. TRINCOLOX. By DovuGgLAs SLADEN. 184 pp. THE CoLuMN. By CHARLES MaRRioTT. 188 pp. THE UN- LUCKY NuMBER. By EDEN PHILLPOTTS. 84 X 5¥. 156 pp. Newnes’ Sixpenny Novels, Illustrated. CAPTAIN JOHN ListER. A Tale of Axholme. By J. A. HAMILTON. 7% x 5. 338pp. Hutchinson. 6s. A Woman's LoyaLty. ByIzA Durrus Harpy. 7} x 5. 320 pp. Digby Long. 6s. THE MOTH AND THE FoorLtigHts. By GERTRUDE WARDEN. 7x5. 295pp. Digby Long. 6s. LAW. Tue LAw or Torts. By J. F. Cuark and W. H. RB. LINDSELL. Fourth Edition. By WYATT PAINE, 10 x 64. 880 pp. Sweet and Maxwell. LITERARY. By the RicgHt Hon. AUGUSTINE BirRRELL, M.P. Cheap Edition, 83 x 5}. 95 pp. Hodder and Stoughton. 6d. MILITARY. THE OFFICERS’ FIELD NoTE BOOK AND RECONNAISSANCE AtpE-MrmorrE. By Lizut.-Con. E, GuntTER, P.S.C. With diagrams and tables. 74 x 4}. 100 pp. Clowes. 6s, 6d. n. 7k X 5h. 227 pp. 72 x 5. By CORALIE STAN- 271 pp. Cassell. 3y L.G. MOBERLY. 7? x 5. 78 x 5. 312 pp. Trans- Werner OBITER DICTA. 192 MUSIC. STORIES FROM THE OPpRAS. With Short Biographies of the Composers. By GLADYS DavIpson. 74 x 5}. 7T. Werner Laurie. ORIENTAL. Tue CLASSICS OF CONFUCIUS, Book oF History (SHU Kin@). Rendered and compiled by W. GORN OLD, M.R.A.S. (The Wisdom of the East Series.) 6% x 5 67 pp. Murray. Is. n. PAMPHLETS. THe PLAY-TIME OF THE POOR. Warb. Smith Elder. 2d. PHILOSOPHY. THE UNITY OF WILL. Studies of an Irrationalist. By G. A. HieHt. 9x 6. 244 pp. Chapman and Hall. 10s. 6d. n. By Mrs. HUMPHRY POETRY. THE DAWN IN BriTarn. By CHAarirs M. DouGHTY. Two Vols. 7% x 54. 217and233 pp. Duckworth. 9s, n. POLITICS. INDIVIDUALISM AND COLLECTIVISM. Four Lectures by C. W. SALEEBY. 74 x 5. 154 pp. Williams and Norgate. 28. REPRINTS. Essays, MORAL AND PonLITe, 1660—1714. Selected and edited by JoHN and CONSTANCE MASEFIELD. 5 X32. 263 pp. Grant Richards. 3s. 6d. n. Poems. By CHrIstina Rosserri. With an Introduction by ALICE MEYNELL, 200 pp. 6} x 4. Blackie. 3s. 6d. n. SHAKESPEARE'S Porms. Vols. I. and If. Edited by EB. D. CHAMBERS. 63 x 4. Blackie. 3s. 6d. n. Matne’s ANCIENT Law. New Edition, with Notes by SIR FREDERICK PoLLocK. 8# x 54. 426 pp. Murray. 5s. 0. THEOLOGY. THE LIFE SUPERLATIVE. By SToprorD A. BROOKE. 7ix 54. 314 pp. Sir Isaac Pitman. 6s. ASPECTS OF ANGLICANISM, OR SOME COMMENTS ON CKeRTAIN EVENTS IN THE “NINETIES. By Mer. Moyrs, D.D. 8 x 53. 499 pp. Longmans. 6s. 6d.n. ILLUSION IN RELIGION. By Epwin A. ABBorT, D.D. 45 pp. Griffiths. 6s. To-Day. By J C. Wrigut. Demy 16mo. 1s. 6d. n. A small volume of thoughts for each day. Methuen. TRAVEL, GRANADA. Memories, Adventures, Studies and Impres- sions. By LEONARD WILLIAMS. 84 x 5}. 213 pp. Heinemann. 7s. 6d. n. Rome. A Practical Guide to Rome and its Environs. By E. A. REYNOLDS BALL. 63 x 4}. 256 pp. Black. TOPOGRAPHY. WESSEX, PAINTED BY WALKER TYNEDALE. by CLIVE HOLLAND. 9 x 64. Described 280 pp. Black. 20s.n. 2 ee LITERARY, DRAMATIC, AND MUSICAL NOTES. —— + a ESSRS. METHUEN & CO. published on the 15th of last month, a daily text-book entitled “ To-day,” which has been edited by Mr. J. ©. Wright, whose recent book, ‘In the THR AUTHOR. Good Old Times,” appeared at the beginning of the year. Mr. J. M. Stuart-Young, will publish in the autumn of this year a new story upon which he has been engaged since 1904. The title of the story, which deals with negro character, is “ The Country of the Blind.” The same writer’s memoir of the late Oscar Wilde was published early last month. Messrs. A. & C. Black announce a colour book on Wessex, the text by Mr. Clive Holland. Lieut.-Colonel E. Gunter has published through Wm. Clowes & Son, Ltd., 238, Cockspur Street, S.W., a new edition (eleventh) of his ‘‘ Officers’ Field Note and Sketch Book and Reconnaissance Aide- Mémoire.” In this edition, which has been brought up to date, some notes gathered from the experiences of the Russo-Japanese War, and new tables of guns, rifles, etc., have been added. “A Sovereign Remedy ”’ is the title of Mrs. Flora Annie Steele’s new story dealing with English and _ Welsh life, which will be published shortly. ‘The same writer is also writing a popular history of India, which will deal in broad tones with Indian life, political and social. Messrs. Longmans will publish early this month a volume of short stories entitled “ Simple Annals,” by M. E. Francis. The stories deal mainly with the lives of working women. The same author is engaged on a novel, the scene of which is laid in Dorset,and the title of which is‘ Hardy-on-the-Hill.” A one act play by M. E. Francis has recently been accepted by the manager of a West End theatre. ‘Miriam Lemaire—Moneylender,” by Coralie Stanton and Heath Hosken, authors of “‘ Chance the Juggler,” “The Forbidden Man,” ete., is a nar- ration of certain facts and episodes in the career of a very unscrupulous woman, whose life and character form a study in modern criminality. The scenes of the story are laid in London, Paris, Rome, Cairo, and the Riviera. Messrs. Cassell & Co. are the publishers. Mr. Randal McDonnell’s novel, ‘ Kathleen Mavourneen,” a memory of 1798, has gone into a fourth impression. Messrs. Gill & Son, of Dublin, are the publishers of the book, which is sold at 2s. in boards, and 2s. 6d. in cloth. “In Subjection” is the title of Ellen Thorney- croft Fowler’s (Mrs. A. L. Felkin) new novel, which Messrs. Hutchinson & Co. are publishing this month. Mr. Alexander Rogers contemplates the publica- tion of the second volume of the “ History of the Province of Gujarat,” the first volume of which was published in 1886, under the editorship of the late Sir E. ©. Bayley. The proposed work embraces the whole history of the province down to com-_ paratively modern times, and completes the task which the editors of the first volume commenced. The size of the volume—with which will be  aE re ‘ar IC Me | THE AUTHOR. publishedan amended map, indicating the towns and villages mentioned in the course of the history— will be demy octavo. The subscription price will be 25s. nett, and the edition will be limited to 500 copies. Subscriptions to the work may be sént to Messrs. Barnicott & Pearce, Atheneum Press, Taunton. : Frank Danby’s new novel, “The Sphinx’s Lawyer,” which Messrs. Heinemann are publishing in England, and Messrs. Lippincott in America, is rather a long work, incidentally pleading for differential treatment for educated criminals. It may, perhaps, be summarised by its concluding sentences :—“ Woman is the great compromise ” ; “Teavening law with love.” Mrs. Fred Reynolds, author of ‘A Quaker Wooing,” has just published another book, through Messrs. Hurst & Blackett. It is entitled “In Silence,” and concerns the up-growing of a beau- tiful girl who is born deaf. The scene is laid in the Lake District. Miss May Sinclair, whose novel, “The Divine Fire,” was published a few months ago, 1s Now engaged on a new book which, however, will not be quite so long as its predecessor. : Mr. Ernest Thompson Seton’s new book, “ Animal Heroes,” contains the histories of a cat, a dog, a pigeon, a lynx, two wolves and a reindeer. The illustrations, which accompany the work, are from the pen of the author. Messrs. Constable & Co. are the publishers. EK. Nesbit’s novel, “The Incomplete Amorist,” which is running serially in the Philadelphia Even- img Post, will be published in book form, here and in America, about the end of June. The hero is an amateur of emotions and the heroines are twain. The scenes are laid in Kent, Fontainebleau, and among the art students of the Montparnasse quarter in Paris. The same writer will publish through Mr. T. Fisher Unwin two volumes, “ Man and Maid,” a collection of stories, and“ The Amulet,” which has been running in the Strand Magazine, illustrated by H. R. Millar; and through Wells, Gardner & Co., “The Railway Children,” which has been running in the London Magazine ; the last work illustrated by ©. E. Brock, will be published in the autumn. E. Nesbit is also working on a new children’s serial for the Strand Magazine, and on a new novel, a story of a young couple which will appeal to those who liked the “Red House.” The “ Incomplete Amorist” is in quite a different genre, and may perhaps interest those who view life with more cynical eyes. “The Magician’s Heart” is the title of a play by this writer which will be produced in London next winter. “Stories from the Operas,” by Gladys Davidson, published by T. Werner Laurie, consists of twenty 193 stories taken from among the most popular grand operas constantly performed at Covent Garden and Drury Lane, the object being to present, not a mere synopsis, but all the incidents of each libretto in the clear readable form of an ordinary short story. This, it is hoped, may fill a much-felt want, since many even truly musical people have frequently only very vague ideas as to the actual sfories con- tained in their favourite operas. The book is pape, by kind permission, to the Countess de Tey. Messrs. Macmillan & Co. are just publishing a new edition of Evelyn’s “ Diary,” in three volumes, under the editorship of Mr. Austin Dobson. ‘The format will be that of the “ Diary and Letters ” of Madame d’Arblay recently issued by the same firm. The text, the spelling of which has been modernised, will follow Bray and Forster; but many minor rectifications have been made, and some unsuspected errors corrected. The book, besides containing the notes of the earlier editors, carefully revised, will include a large number of additional notes by the present editor. As in the case of the d’Arblay Diary, the new edition will be illustrated by photo- gravure portraits, contemporary views of localities, maps and facsimile title-page, and will contain a preface, introduction and full index. Mr. John Lane will publish this month a new novel by the author of “The Winding Road.” The title of the work, however, has not yet been fixed. The same writer’s book on “ Heidelberg ” will be published in the autumn by E. Grant Richards. The volume, which will be illustrated, deals with the interesting ruins of the town, and the fascinating and most important history of the Palatinate, with which Great Britain has been so largely connected. John Oliver Hobbes’ new novel,-‘ The Dream and the Business,” which is now running serially through the Grand Magazine, will be published by Mr. Fisher Unwin, probably in the spring. Monsieur Henri Devray, who has translated “ The Vineyard,” and is now translating “ Love and the Soul Hunters,” will in turn translate all John Oliver Hobbes’ works into French, and they will appear serially in the leading French journals. “ Concerning Paul and Fiammetta,” a new book about children for grown-ups, by L. Allen Harker, author of “A Romance of the Nursery,” was published last month by Mr. Edward Arnold. A preface to the work is contributed by Kate Douglas Wiggin. Ata meeting of the Quatuor Coronati Lodge, No. 2076, held in January last, it was decided to strike a medal in commemoration of the jubilee anniversary of Mr. Robert Freke Gould’s initiation into Masonry. In addition to being the founder of this lodge, Mr. Gould is also the author of 194 works dealing with Freemasonry, his last work on this subject being “ The Concise History of Freemasonry.” ; : The Bohemian people have paid a compliment to Mr. James Baker, the author of “The Insepar- ables,” and many books and articles on Bohemia, by electing him on the committee for the Bohemian section of the Austrian Exhibition, to be held in London this year. Mr. Richard Bagot is engaged on a new novel, which will be published in due course by Messrs. Methuen. The scene of Mr. Bagot’s new book is again laid in Italy, and the action takes place in an ancient city in the Roman province ; the author leaving Rome and Roman life and occupy- ing himself with one of those provincial dramas, which, in Italy, are apt to assume such tragic proportions. Mrs. Percy Dearmer’s novel, “The Difficult Way,” published by Messrs. Smith, Elder & Co., has just gone into a third edition. It is a story of strong human interest, dealing with the evolution of a human soul, through suffering, to its final peace. “ Brownjohn’s,” published last month, is written in a much lighter vein. This has reached a second edition. Mrs. Dearmer will not bring out another novel until the autumn of 1907. She is at present engaged upon “A Child’s Life of Christ,” to be published by Messrs. Methuen & Co. This book aims at giving a complete life of Christ simply told for children. It will be illustrated in colour by Miss Eleanor Fortescue-Brickdale. . Mrs. Alec-T'weedie’s last volume, “ Porfirio Diaz, Seven Times President of Mexico,” which appeared a few weeks ago, has created so much | interest that German and Spanish editions are being arranged. It is a curious fact that although this great Mexican ruler has had decorations con- ferred upon him by all the important countries, Great Britain has never paid him that honour. This is all the more remarkable considering his courtesy to British subjects and the enormous amount of English capital invested in Mexico to-day. Mr. Brandon Thomas’s new comedy, “A Judge’s Memory,” was produced at Terry’s Theatre on March 13th. The main purport of the play is to indicate the manner in which an ex-convict—whose sudden acquisition of wealth obtains for him an entry into society — arranges the marriage of his son to the daughter of the judge who had sentenced him. The caste includes Mr. James Welch and Mr. James Fernandez as the judge and ex-convict respectively. Sir Arthur Conan Doyle’s military play, “ Briga- dier Gerard,” was produced at the Imperial Theatre, on March 38rd. The play deals with the recovery THE AUTHOR. of certain private papers belonging to Napoleon, the part which Brigadier Gerard played in their recovery, and the adventures which befel him in his quest. The caste includes Mr. Lewis Waller, Miss Evelyn Millard, and Mr. A. H. George. : “The Beauty of Bath” is the title of a new musical play by Mr. Seymour Hicks and Mr. Cosmo Hamilton, produced at the Aldwych Theatre on March 19th. The plot is contained in the resem- blance of an actor to a lieutenant in the Royal Navy—a resemblance so striking as to enable them to change positions and thus to create complications with which the “Beauty of Bath” is closely concerned. The caste includes Miss Ellaline Terriss, Mr. Seymour Hicks and Miss Rosina Filippi. Mr. Bernard Shaw’s play, “Captain Brassbound’s Conversion,’ played at the Court Theatre on March 20th, tells the story of a good-hearted, motherly spinster, who, with her brother-in-law, a judge, is held prisoner by a smuggling sea captain. His intention is to take vengeance on them for their treatment of his deceased mother. But in conse- quence of the kindness shown to him and to one of his crew by the spinster, he eventually abandons. his design. Included in the caste are Miss Ellen Terry and Mr. Fred Kerr. $$ —_—_ PARIS NOTES. —+—<—+ — HE inauguration of the statue in memory of TT Alfred de Musset presented to the City of — Paris, by M. Osiris, has been one of the literary fétes of the month. The statue repre- sents the poet seated in a dejected attitude with his muse standing at his side. It is placed just outside the Thédtre Francais, and the inaugu- ration féte was held in the foyer of the Comédie Francaise. About two hundred guests were present, and the poet’s family was represented by M. and Mme. Lardin de Musset and Mlle. Alice Lardin de Musset. M. Claretie made the opening speech, and several most eloquent ones — followed. M. Francois Coppée spoke warmly in — praise of his brother poet. M. Marcel Prevost — referred chiefly to Musset’s prose writings. Several _ delegates then added their tribute of praise and Monnet Sully recited a poem composed in honour | of Musset. ‘There was military music to openand — close the proceedings, and then the whole assembly — left the foyer to be present at the unveiling of the — statue. Mme. Bartet laid flowers on it. Alfred de — Musset’s old housekeeper was carried in an arm- — chair to witness the inauguration, and Sévérine  took some of the flowers from the poet’s statue to place in the hands of that of George Sand, in the foyer of the Francais. The only regret felt by many of those present was that this féte had not taken place a year previously, during the life-time of Alfred de Musset’s sister. She had watched with keen interest the progress of the statue, and had lent the sculptor her portraits of the poet. It had been her great wish to be present at this inaugura- tion. There was a gala night at the Frangais afterwards, when Alfred de Musset’s works were performed. Among recent new books are the following : “La Psychologie des individus et des Sociétés chez Taine, historien des littératures,” by Paul Lacombe. “Le Vingtieme siécle politique,” by René Wallier. “Le Président Falliéres ” (pamphlet), by Jean de la Hire. “ Histoire du travail et des travailleurs” by P. Brisson. “‘Napoléon et sa famille (VII.)” by Frédéric Masson.* Among new works of fiction “ Sous le fardeau,” by J-H. Rosny ; “ Terriens,” by Jean Revel ; “‘ Les Délices de Mantoue,’ by Jean Bertheroy; ‘“ Le Docteur Jobert,” by Henri Fauvel ; ‘‘ Les Pas sur le sable,’ by Paul Margueritte ; “ L’Ecoliere,” by M. Léon Frapié ; ‘* Les Roquevillard,” by Henry Bordeaux ; “ Cinq Contes pour les Antiquaires,” by Jean Gounouilhou; ‘“ Aimons,” by Francois Gillette.t “Sur la vaste terre,”t by M. Pierre Mille, is a volume of short stories remarkable for their realism and originality. In these days when travelling is made easy and colonisation the order of the century in which we live, we must expect to see both sides of the medal. Some English authors have shown us the effect of Indian life on Europeans. Recent French novelists have OG proved to us the demoralising effect of a different tet climate and other ways and customs on Europeans, dsBte, and M. Pierre Mille now gives us some graphic Bse2: sketches of life in a French colony. Each of his stories is powerful and original. * “Ta Psychologie, etc.,” by Paul Lacombe (Alcan) ; “Le Vingtieme siécle politique,’ by R. Wallier (Fasquelle) ; “Le Président Falliéres,’ by J. de la Hire (Librairie Universelle) ; “ Histoire du travail, etc.,” by P. Brisson (Delagrave); “Napoléon et sa Famille (VII.),” by F. Masson (Ollendorff). } “Sous le Fardeau,” by J. H. Rosny (Plon) ; “ Terriens,”’ by Jean Revel (Fasquelle) ; ‘‘ Les Délices de Mantoue,” by Jean Bertheroy (Flammarion) ; “ Le Doctor Jobert,” by Henri Fauvel (Victor Havard) ; ‘‘ Les Pas sur le sable,” by Paul Margueritte (Plon) ; “ L’Ecoliére,” by Léon Frapié (Calmann Lévy); “ Les Roquevillard,” by Henry Bordeaux {Plon); ‘Cinq Contes pour les antiquaires,’ by J. Gounouilhou (Librairie Jllustrée); ‘“ Aimons,”’ by F. Gillette (Plon). t “Sur la vaste terre,” by M. Pierre Mille (Calmann Lévy). THE AUTHOR. 195 “La Rebelle’’* is the title of Marcelle Tinayre’s new novel now published in volume form. There are some charming pages in it, some very interest- ing secondary characters and two very illogical individuals in the chief réles. Great interest and curiosity is felt in Paris with regard to the books shortly to be published by Mrs. Frederika Macdonald on Jean-Jacques Rousseau. For the last twenty years the author has been collecting details, visiting the French libraries and carefully studying the archives in search of any fresh clues which might throw light on the subject she has studied with such care. Some years ago La Revue published in Paris a French article by Mrs. Macdonald with photographs of some of the documents on which she bases her theory that Jean-Jacques has been basely slandered by his enemies. The attempt to “ whitewash Rousseau” is ridiculed by all those—who know nothing about the facts on which the theory of this new book is based. Mrs. Macdonald’s book is shortly to be published in English, and there will possibly be a French edition of the work. An extraordinary little volume of poems has just been published entitled “ L’Ame Géométrique.” The author is Henri Allorge and his verses are consecrated to geometry with geometrical figures as illustrations! Camille Flammarion has written the preface to this original little book, which alone proves that the contents are not commonplace. The author himself explains his idea in the follow- ing words: “ Le poéte a voulu seulement retracer les images et dépeindre les sentiments qu’ éveillent en lui les figures de la géométrie, laquelle résume, i bien y regarder, toute la vie.” Another woman’s newspaper is soon to be floated in Paris. La Fronde was only short-lived and could not from many points of view be considered a success. The new venture is to commence as a weekly paper entitled La Francaise. Its pro- gramme is extensive, its annual subscription six francs in France and eight francs abroad, and the first number is announced for the month of May, 1906. A curious case was brought into the French Law Courts this last month. M. Friedman, the author of a book published in London in 1884 entitled “ Anne Boleyn,” complains that the French trans- lation of his work completely changes the tone and the documentary nature of it and makes it into a sectarian publication. M. Friedmann is a German and a Protestant, and he claims to have written this chapter of English history in a totally unbiassed way. In the French translation, Protestant is rendered * “Ta Rebelle,”’ by Marcelle Tinayre (Calmann Lévy). 196 heretic, Francois J., instead of being the ally of Anne Boleyn, is her abettor, and Anne Boleyn is spoken of as the concubine instead of the Queen. Such changes as these are made throughout the whole work. The story of the translation is curious also. It was done by M. Lugné Philippon, a professor of English, for the Abbé du Lac and completed in 1894. The translator agrees that the author has cause for complaint but declines all responsibility with regard to alterations after the work had left his hands. ‘he manuscript was next entrusted to M. Dauphin Meunier, who did not even know English, for “corrections of style.’ He, too, declines all responsibility. The Abbé du Lac then stated that he had studied and translated the book in question with M. Lugné-Philippon whom he considered his English professor and had paid the latter £160 for his work. M. Dauphin had ‘then edited the book and found a publisher for it. ‘The Abbé du Lac fails to see that he is responsible for any modifications which were deemed necessary. The verdict had not been given at the time of going to press. In connection with the Alliance Francaise the Alliance Littéraire Franco-Britannique has been founded with a view to encouraging the exchange of visits between literary men, savants, and artists of the two countries. A party of forty members of the English section paid a visit to Paris last month, and were entertained by the French members in various ways during the week of their sojourn here. Sir Archibald Geikie lectured at the Sorbonne to an assembly made up about equally of French and English. The London Daily Chronicle and the Chicago Daily News gave a reception last month at their offices, which are in the same building, to the representatives of the foreign press in Paris. There were about two hundred guests present, and the arrangements were admirably carried out by Mr. Donohoe and Mr. Lemar Middleton, the organisers of this interesting soirée. M. Jules Charetie is writing a libretto on a dramatic episode during the Revolution. M. Massenet will put it to music for the next season at Monte Carlo. The title is to be “La Girondine.”’ Three new pieces are announced by the Théatre de l’Oeuvre, “ Le troisiéme concert” by A. Savoir, “ Le Réformateur” by Ed. Rod, and “ Le Cloaque” by Carpenter. “Glatigny,” by Catulle Mendés, is now being given at the Odéon, “Le Frisson de l’Aigle ” at the Théatre Sarah Bernhardt, ‘“ Bourgeon,” by M. Feydeau, at the Vaudeville, “ Sacha,” by Mme. Martial, at the Gymnase. Anys HALLarp. * THB AUTHOR. SPANISH NOTES. —— N Romero Robledo Spain has just lost @ I powerful parliamentary leader. For forty- four years he took an active part in the Government in different ministerial offices; and when I saw his commanding figure inaugurating the ceremony of the young King laying the foundation stone of the statue to his royal father, I was reminded of the influence he had used for the restoration of Alfonso XII. to the throne. The death of Pereda, whose works, especially ‘Escenas Montafiesas” (‘‘ Mountainous Scenes”), have endeared him to thousands of readers, has. been the occasion of published eulogies from hig. intimate friends, Benito Galdos, Menendez Pelayo, Palacio Valdés, and Clarin. ‘“ For twenty years,” says the great novelist Galdos, “I had the pleasure of Pereda’s friendship, and this friendship com- menced with my admiration for his ‘ Escenas Montafesas.’ Pereda’s sense of humour was. attractive,” continues the writer, ‘and it was this, added to his vigorous personality, his sincerity, and his clear and wide view of things which gave force to his satirical political novels.”” Menendez. Pelayo, who wrote the prologue to the edition of Pereda’s complete works, that the author was | one of the best writers of the day, and the most original poet of the north of Spain, draws attention in his present eulogy to the charm of Pereda’s. conversations and letters, which he says would have left their mark had he never published a book. Pereda’s last letter, bearing the date of 18th February, and addressed to his valued friend Palacio Valdés, runs thus :— “My DEAR FRIEND,— ' “JT was agreeably surprised by your gift of your last novel, “Tristan the Pessimist,” which reached me yesterday. Excuse me only acknowledg- ing the receipt of the book at this moment. [- shall enjoy reading it as soon as I can. But you know the wretched state of my health for the last two years, and how it deprives me of many pleasures; including that of reading, especially works of imagination, which may affect me. You cam understand that for a man of my tastes no illness: could be more cruel and unwelcome. However, it is God’s will, so patience! I know the perusal of your book will delight me; and let me in the meanwhile congratulate you on your reappearance in the arena of art with another work which will certainly prove a fresh triumph. 5 “ With cordial regards, I am always « Your affectionate friend and admirer, «J, M. pe PEREDA.” —  THE AUTHOR. As Palacio Valdés has also honoured me with the gift of his new novel, I can say that it isa masterly psychological study of a pessimist who makes his life wretched by imagining evil in every- body about him. His charming wife is victimised by this mania, and his advantageous circumstances turned into misery. The sad story of the pessimist is relieved by such ideal pictures as the lover of “9 Cirilo and Visita, the paralytic man and the blind ‘j= girl, the noble long-suffering man, who finally wins back his erring wife, is a fine study ; and as usual the famous romantic satirist brightens his study of real life by his sense of humour especially seen in the sayings of the peasant Barragan. Don Fernando de Annton has made his début in the literary world with the ambitious project of reforming society with a series of satirical novels. * “Queralt hombre de mundé” (‘ Queralt Man of the World”) is the first of this series, and although not wanting in interest, the hero is unequal to the part which he is meant to play. The lecture which startled all Madrid with its plain and eloquent truths certainly marks a step to the reform of Spanish opinion, for the famous moralist, Don Miguel de Unamuro, was listened to with rapt attention by the large gathering assembled to hear his eloquent words in the theatre of the _ Zarzuela. With the skill of a sympathetic orator, Unamuno showed the necessity of civilians interest- aa) ing themselves in the army ; he spoke of colonisa- 0 tion, on the use and abuse of the press, and he waxed »ol@ eloquent on the question of religion, pressing home 1% the necessity of realising that apart from sacer- » dotalism God was to be worshipped as the Spirit » of Truth which alone can save, even as it is » eonceived in the moral sense. The recent meeting of the Ibero-American Society has also excited great interest, for it ‘mj marked the great progress woman’s education is making under the protection of the society. The movement was first started, in 1868, by Don Fernando de Castro, rector of the University of Madrid, but it lacked supporters of his opinion. Colonel Fignerola Ferretti now sends the news to England that at last Sefior Castro’s hopes for the higher education of women are in some degree realised, for the salons of the Ibero-American society will now in future see classes for women in various subjects, and more than two hundred pupils have already been enrolled. The speeches of the Marquesa d’Ayerbe and Dofia Pilar Contreras de Rodriguez, which Maugurated this educative departure were eloquent. The marchioness showed that the evil of women being uneducated is often reflected on the sons of a family, who frequently find them- selves burdened with helpless sisters to support, and Dofia Contreras de Rodriguez especially advo- 197 cated the sphere of music as one that is suitable for women endowed with the necessary capacity. The approaching marriage of King Alphonso with Princess Ena is spoken of in the press as the hoped for commencement of a new era, when a mutual nearer acquaintance of Spain and England will introduce many British methods for the advance of education into the country, and when the welcome awaiting the British Queen will prove that the bigotry credited to Spain is a thing of the as RACHEL CHALLICE, a COPYRIGHT IN THE UNITED STATES. Parr I. HarPeR & Brotuers v. M. A. Donouur & Co. HE following is the decision of Judge San- born, of Chicago, in the United States Circuit Court for the Northern District of Illinois, Eastern Division, respecting abandonment of copyright in the case of Harper & Brothers vy. M. A. Donohue & Co., in regard to the reprinting by the defendants of the novel ‘‘The Masquerader” : Katherine Cecil Thurston, the author, is a subject of King Edward VII., and as such has the same privilege of copyright in the United States as if a citizen of this country. This is secured to her by the International Copyright Act of March 3, 1891 (26 Stat. 1105), the Berne Convention, and the proclamation of the President of July 1, 1891, provided for by such Act, 27 Stat. 981. As author of the work called “‘I'he Masquerader,” or “John Chilcote, M.P.,” the literary property vested in her consisted, so far as here material, of the following rights, privileges or powers : Before publication : The sole, exclusive interest, use and control; the right to its name ; to control or prevent publication; the right of private exhi- bition, for criticism or otherwise, reading, repre- sentation, and restricted circulation ; to copy, and permit others to copy, and to give away a copy ; to translate or dramatise the work ; to print with- out publication ; to make qualified distribution ; the right to make the first publication ; the right to sell and assign her interest, either absolutely, or conditionally, with or without qualification, limita- tion or restriction, territorial or otherwise, by oral or written transfer. Such literary property is not subject either to execution or taxation, because this might include a forced sale, the very thing the owner has the right to prevent. After publication: Unrestricted publication, without copyright, is a transfer to the public to do most of the things the author might do, in common with her, except all right of transfer and sale, which remains to the author ; but without  198 advantage, since the work has become, by the publication, common property. : The Copyright Acts substantiaily give the fol- lowing additional rights : To copyright, and thus secure the sole privilege of unlimited multiplica- tion and sale of copies; to sell or transfer the unlimited right of reproduction, sale and publica- tion, the limited right of serial publication, the right of publication in book form, the right of translation, the right of dramatisation or one or more of these rights in specific territory, and the right to secure a copyright either generally, or in one or more countries whose laws permit it, either in the name of the author or assignee. Also the right to the author to license the sale or other restricted enjoyment of some lesser right, without the power to copyright. The author and complainant made a written contract which finally became a binding obligation September 29, 1903. It contained a grant on the part of the author of the exclusive right of serial publication of ‘“ The Masquerader” in Harper's Bazaar in the United States and Canada, and the exclusive right of printing and publishing in book form in the United States, and to supply the Canadian market. Publication in book form to be simultaneous in the United States and England, or at a date mutually satisfactory to the Harpers and Blackwood & Sons (who published the British edition). The author contracts not to publish an abridged or other edition or book of similar character tending to interfere with its sale, with- out the publisher’s consent ; and that the book does not violate copyright, or contain anything libelous, ete. The author reserved the right of translation and dramatisation. The publishers agreed to pay $2,500 for the serial publication, and a certain royalty on the book ; and to take all steps necessary under the United States Copyright Acts “ to secure their own rights and those of the author in said work.” They give no guarantee of securing copyright outside the United States, nor issue special foreign editions, nor sell translation or dramatic rights. If the book remains out of print for six con- secutive months, the right to publish in book form shall revert to the author. Harper's. Bazaar is a serial monthly magazine published in the United States. Blackwood’s Magazine is a like publication having a British and an American edition, the former published in Edinburgh and the latter in New York, which are identical, except advertising matter. The suc- cessive chapters of the book were published serially in all these magazines, during the year 1904. Blackwood published, in both the United States and Great Britain chapters 10, 13, 14, 16, 17, 18, THB AUTHOR. 20, 21, 23, 24, 26, 27, 28, 29, 31, and 32, one month earlier than Harper, and chapters 19, 25, 30, 33. and 34 two months earlier. Harper & Brotherg. had no knowledge of, nor did they consent to, the publication in serial form by the Blackwoods in the United States. The work was simultaneously published by both Harper & Brothers and the Blackwoods in the United States and Great Britain, about the first of October, 1904. Harper & Brothers claim copyright on chapters 1 to 27 by virtue of their publication in the Bazaar in the January to September numbers, and on the balance by publication in book form. Their deposit of titles, copyright notices, deposit of numbers and books were as follows: On June 12, 1903, they deposited the title of the Bazaar thus ; “ Harper's Bazaar, Vol. xxxviii., No. 1, January, 1904.” On January 2, 1904, the title “ Harper's Bazaar, Vol. xxxviii., No. 2, February, 1904,” and on the same date like titles, mutatis mutandis, for March to June, 1904 ; and on June 13, 1904, the: titles for the remaining months of 1904, in like form. And also, not later than the day of the: publication of each number deposited in the New York mail, properly addressed, two copies of each of the several monthly numbers for 1904. Complainant also printed a copyright notice on the foot of the title-page, or page next succeeding, in the January number the words “ Copyright, 1903, by Harper & Brothers,” and in each suc. ceeding number the words “ Copyright, 1904, by Harper & Brothers.” On July 26, 1904, com~ plainant deposited the title of the book, “ The: Masquerader,” with the Librarian of Congress, and on September 28, 1904, and not later than its first publication, it mailed the requisite copies to the librarian. The proper copyright notice was printed in every copy of “The Masquerader.” No copyright notice of any description appeared in connection with either the serial publication in Blackwood’s Magazine, or in its publication of “ John Chilcote, M.P.,” in book form. In 1905 one of the defendants purchased copies of the Blackwood edition of the book in London, and brought them to Chicago. The defendants caused the book in this form to be printed from type set in Chicago, by the title of “ John Chilcote, M.P., or, The Masqueraders,” and were proceeding” to market it, when this was prevented by a tem~ porary restraining order in this suit. The question now is whether a like temporary injunction shall be entered, It was admitted at the argument that defendants did not copy the book published by complainant, but used only the Blackwood edition. There are many verbal differences between the two, but it is the same story. The copyright laws, as amended by the Inter- national Act of 1891, which took effect by its owm  “»> terms, and partly by presidential proclamation, July 1, 1891, give any author, foreign or domestic, _ or any proprietor of any book, etc., the right to *o@ procure copyright, and thereupon have the sole “| liberty or monopoly of publication and sale, and of - translation and dramatisation. It is provided that »/. the type shall be set and plates made in this >» country ; and importation of books not printed | from such plates is prohibited. Provision is made for securing non-importation by furnishing lists of - titles to the Treasury and Postmaster-General. Conditions precedent to securing copyright are a deposit of the title of the book or periodical with the Librarian of Congress, before the day of first publication in the United States or any foreign country, and of two copies thereof not later than the day of first publication in this or foreign country. A condition subsequent is imposed, that no person shall sue for infringement of his copyright unless he gives notice thereof by including a copy- right notice in each copy published. A penalty is imposed for printing notice of a book not copy- righted, and its importation prohibited. ' Each number of a periodical shall be considered ee as an independent publication, subject to the pre- ©» scribed form of copyrighting. By the proclamation of July 1, 1891, it appears ; that Great Britain permits the same rights to fh American citizens in that country as those here ig given. ke It is first insisted for defendants that Harper & | Brothers had no right to take out a copyright in their own names under the contract ; or, if the “(9 copyright is valid, it is held in trust for the author. * Jt is said that her rights could not be secured ~~ except by copyright in her name ; that if the book be out of print her rights shall revert ; that trans- lation and dramatisation are included in copyright, and as the contract reserves them the parties must have intended not to grant that power; and that the publication of an abridgment or other edition by the author would infringe complainant’s copy- right, so that provision of the contract is incon- -sistent with the grant of copyright power. But the contract expressly provides that the publishers should secure their own and the author’s rights by copyright. Now it seems clear that the publishers’ rights could not possibly be secured -except by copyrighting in their own names. If the copyright had been taken in the author’s name any publication by her in Great Britain, in any form, omitting notice of copyright, would have destroyed, not secured, all of the publishers’ rights. Such publication has just been held to destroy the copyright by Judge Kohlsaat in G. & C. Merriam Go. v. United Dictionary Co., U. 8. Circuit Court Northern District of Illinois, opinion filed THE AUTHOR. 199 December 18, 1905. The publication of the work without copyright by Blackwood & Son shows that Harper & Brothers’ rights would have been valueless with the copyright in the authors’ name. Copyright in the names of the publishers was thus vital to their rights, and also fully protected the rights of the author. That the contract is fairly so to be con- strued see Belford, Clarke & Co. v. Charles Scribner & Oo., 144 U.S. 488 ; Miglin v. Dutton, 190 U.S. 259; and Pulle v. Derby, 5 Mch. 328, Fed. Cas. 11,465. While there is force in the grounds of construc- tion urged by defendants’ counsel, yet I think their interpretation would be destructive of all rights given to the publishers by the contract, and should not be sustained. It is further urged that the copyrighting of Harper's Bazaar, as a magazine, without special copyright of the serial numbers of ‘The Mas- querader,” was ineffectual within the decisions of the Supreme Court in Mifflin v. White and Mifflin vy. Dutton, 190 U. 8. 260, 265, 47 L. Ed. 1040, 1043. These are the cases involving “ The Pro- fessor at the Breakfast Table” and “‘ The Minister’s Wooing.” ‘The first ten parts of ‘‘ The Professor” were published serially in the Adlantic Monthly without claim of copyright, and the remaining parts by a copyright notice covering the entire magazine, in the name of Ticknor and Fields, its publishers. Afterwards, Dr. Holmes, the author, published the work in book form, containing proper copyright notice in his own name. It appeared also that the author never authorised Ticknor and Fields to copyright in their own names. In the other case Mrs. Stowe, the author, gave to the publishers of the Atlantic Monthly “the sole and exclusive right to publish the work in this country.” They published the first ten numbers without any copyright claim whatever. She then took proper steps to secure a copyright in her own name, and published the novel in book form. Afterwards the publishers brought out the remaining chapters with a copyright notice on the magazine as a whole, in their own names. It was held in the Circuit Court of Appeals that the author abandoned her copyright on the volume by publishing such remaining chapters serially without proper notice of copyright. In the “ Professor’ case the Supreme Court held that Dr. Holmes never assigned the right to copy- right the book, but only gave the right to print, publish and sell. ‘The publishers were not autho- rised to copyright either in their own names or his. The fact that Dr. Holmes himself took out a copy- right makes it apparent that the parties had no such intention. The copyright of the magazines containing the final chapters, together with the author’s copyright of the book, did not secure a  200 valid copyright, since the object of the notice is to warn the public against the republication of a certain book by a certain author, and no person reading the two copyright notices would know that they related to the same work ; on their face they would seem to cover a totally different purpose. It was held that the entry of a book under title by the publishers cannot validate the entry of another book of a different title by another person. A fair inference from this decision is that if the magazine copyright had been in the name of Dr. Holmes, the publication of the final chapters would have been protected ; but because the whole work was published serially without any lawful copyright notice whatever, the right to exclusive publication was lost. In the case of “The Minister’s Wooing,” the final chapters were put out with a notice proper so far as the magazine itself was concerned, but by persons not authorised to copyright the work ; and this was done after Mrs. Stowe had published the whole book under proper copyright. As already stated, the appellate court held the magazine pub- lication to have been an abandonment. The Supreme Court held that so far as the first twenty- nine chapters were concerned, they, at least, became public property. Mrs. Stowe’s copyright of the balance would have been valid if it had not after- wards appeared in the magazine. Mrs. Stowe not having given notice, in the succeeding numbers of the magazine, of her copyright, such publication vitiated it; the publisher’s copyright not having given notice of the author’s rights. In both cases the court expressed reluctance at being obliged to so decide, and we may well believe a different result would have followed if the maga- zine copyright had been taken in the authors’ name. Besides, the court was construing the law of copyrights as it was in 1860, and before the important amendment of 1891, hereafter referred to. The almost uniform practical construction of the copyright law has been to give notice in connection with each number of a magazine, and this has been often sustained : Drone on Copyright, 144 ; Howell’s Annotated Statutes of Michigan was held copyrightable in Howell v. Miller, 91 Fed. 129, including all in the book which might fairly be deemed the result of the compiler’s labours, Reports of judicial decisions, so far as head notes or other original matter is concerned. Callaghan v. Myers, 128 U.S. 617. Newspapers, Harper v. Shoppell, 26 Fed. 519, 28 Fed. 613; London Punch held copyrightable. Bradley v. Hatten, L. R.,8 Exch. 1. The provisions of the copyright law are to be broadly and liberally construed to insure to the author the product of his brain. Jenkins. J., in Holmee v. Donaghue, 77 Fed. 179. In Tribune Co. v. Associated Press, 116 Fed. THE AUTHOR. 126, the Chicago 7ribume attempted to copyright, under contract, some special telegraphic matter of the London Z%mes, by depositing in the Chicago Post Office, on the evening before publication, the: general title of the newspaper, with serial number and date, and by like deposit, immediately upomw publication, of copies of the newspaper; each addressed to the Librarian of Congress. It was held by Judge Seaman that it was at least ques- tionable whether a copyright can thus be secured for a newspaper. But as the defendant did not copy from the Tribune, but directly from the London Zimes after its publication in England, and as the matter published by the Z%mes and’ Tribune was not identical, there was no infringe- — ment, nor was any copyright thus obtained. In England it was at first held that a newspaper was not a book or periodical in Cox v. Land and — : Water Journal Co., 39 L. J. Rep. 152, but the 7 contrary was decided in Walter v. Howe, 50 L. J. Rep. 621, in Cate v. Newspaper Co., 58 L. J. Rep. 288, and finally by the Court of Appeals in Trade Auviliary Co. v. Protection Association, 58 L. J. Rep. 293. Whatever may have been the true construction of former copyright acts, and whether or not a newspaper is entitled to copyright, I think the International Copyright Act of 181 has set the question at rest so far as periodicals like Harper's Bazaar are concerned. Section 11 of the Act provides as follows : “Bach number of a periodical shall be con- sidered as an independent publication, subject to- the form of copyrighting as above.” 26 Stat.. 1165. The closing words evidently refer to the condi- tions prescribed for securing and retaining copy- right, that is the deposit of title of the periodical,. the two copies thereof, and the notice of copyright to be given on the title-page or page immediately following. If the notice of copyright is to be given in connection with each separate article published in a magazine, and not once for all contained in it, the language used to prescribe the: duty of giving notice is not well adapted to the — object sought; for how is it possible to insert a notice on the title-page, not of a periodical, but of an article? The latter may have a title, but hardly a title-page ; while the former has both. : Did the publication of the story in Blackwood’s Magazine, both in Great Britain and the United — States, or of the British edition of the book, alli without notice of copyright, constitute a forfeiture: — or abandonment of complainant’s copyright ? This is purely a question of copyright, and not. of the underlying literary property. ment, forfeiture, public dedication of the exclusive: right of copy may be presented in several aspects :. Abandon- —  Ue bit (1) Abandonment or public dedication by the owner of a limited domestic copyright ; (2) Acts of abandonment by the owner of foreign copyright ; (3) Acts of abandonment by the owner of the re- mainder of the literary property left after the grant of limited domestic copyright, and which do not infringe on the latter ; (4) Acts of the latter kind which do so infringe. I think that domestic copyright is forfeited or abandoned only in the first, and not in the other cases; and that this conclusion follows clearly from the Copyright Act of 1874, and from the decisions on abandonment. It is insisted by counsel for defendants that the acts of the author of abandonment, in the case here, by publishing in England and America with- out notice of copyright, were binding on Harper & Brothers, depriving them, without their own act, of their copyright. It is so argued because the author could not confer upon Harper & Brothers any greater right than she herself possessed ; and assuming that they had the power to copyright in their own name, yet that right would be subject to all subsequent conditions imposed upon the author. But the statute does not require the awthor to give the copyright notice. It provides that “ No person shall maintain an action for the infringement of his copyright unless he shall give notice thereof by inserting in the several copies of every edition published,” the form prescribed. It is the owner of the copyright who is to give the notice, and he must insert it in every copy published by himself. The statute did not attempt the impossible or impracticable by compelling him to insert the notice in other publishers’ editions, but only those controlled by himself. As said by the Supreme Court, in Thompson v. Hubbard, 131 U.S. 123: ‘The plain declaration of the statute is that no person shall maintain an action for the infringe- ment of is copyright unless he shall give notice thereof by inserting the prescribed words in the several copies of every edition published. This means every edition which he, as controlling the publication, publishes.” Harper & Brothers had no control over the acts of Blackwood & Son, either in Scotland or the United States, and were ignorant of the publi- cation in New York of the American edition of Blackwood. How could they abandon their own copyright without their own volition? For- feitures are strictly construed. It would be a harsh rule which would compel a publisher to insist in his contract with the author on having his own copyright notice inserted in every copy of the work published by all other persons. This might be highly impracticable, and difficult of execution. The statute should not be given such a construction unless imperatively required by its THE AUTHOR. 201 language ; which, as we have seen, means nothing of the kind. In the case of G. & C. Meriam Oo. v. United Dictionary Co., already cited, the owner of the copyright, after publishing the book in this country, took the plates to England and there printed and published additional copies ; omitting, however, the notice of American copyright. Judge Kohlsaat very properly held this to be an abandonment of the copyright. To constitute abandonment there must be a clear, unequivocal and decisive act of the person entitled, showing a determination not to have the right relinquished. 1 Cye., 5. Publication in a foreign country without the consent of the author is not an abandonment. Boucicault v. Woods, 2 Biss. 34. Or without the consent of the owner of the exclusive right to publish in this country. Goldmark v. Kreling, 35 Fed. 661. See also Haggard v. Waverly Pub. Co., cited in George H. Putnam’s work on copy- rights (U.S. C.C. Dict. N. J.). American Press Ass'n v. Daily Story Pub. Co., 120 Fed. 766. The case of Werckmeister v. Am. Lith. Co., 117 Fed 360, decides a contrary rule, but one which I think should not be followed. The publication in Blackwood’s American edition seems to have been an infringement on Harper & Brothers, not an abandonment by them ; but it is not necessary to decide this point. It is further insisted that as it is admitted defendants’ publication is not taken from com- plainant’s book, but from the authorised English edition, published without notice of copyright, the case fails. This position is supported by quotation from Drone on Copyright, 399—400, and Johnson y. Donaldson, 3 Fed. 22. The Chicago 7'ribune case is also in point here, since the defendant in that case received and published telegraphic dis- patches from the London Times covering extracts from its columns; and it was held that the 7ribune could not prevent this by copyrighting its own paper, covering other extracts or articles from the 7'%mes. But I think the rule inapplicable to this case, because defendants did something expressly pro- hibited by the copyright law. Section 4956, as added to in 1891, provided : “During the existence of such copyright the importation into the United States of any book so copyrighted, or any edition or editions thereof, or any plates of the same, mot made from type set . within the limits of the United States, shall be and it is hereby prohibited.” Defendants did just what is here prohibited. They imported a substantial copy of “The Masquerader” not made from type set in this country. They are therefore within the condem- nation of the law. They cannot be allowed to 200 valid copyright, since the object of the notice is to warn the public against the republication of a certain book by a certain author, and no person reading the two copyright notices would know that they related to the same work ; on their face they would seem to cover a totally different purpose. It was held that the entry of a book under title by the ublishers cannot validate the entry of another book of a different title by another person. A fair inference from this decision is that if the magazine copyright had been in the name of Dr. Holmes, the publication of the final chapters would have been protected ; but because the whole work was published serially without any lawful copyright notice whatever, the right to exclusive publication was lost. In the case of “The Minister's Wooing,” the final chapters were put out with a notice proper so far as the magazine itself was concerned, but by persons not authorised to copyright the work ; and this was done after Mrs. Stowe had published the whole book under proper copyright. As already stated, the appellate court held the magazine pub- lication to have been an abandonment. ‘The Supreme Court held that so far as the first twenty- nine chapters were concerned, they, at least, became public property. Mrs. Stowe’s copyright of the balance would have been valid if it had not after- wards appeared in the magazine. Mrs. Stowe not having given notice, in the succeeding numbers of the magazine, of her copyright, such publication vitiated it; the publisher’s copyright not having given notice of the author’s rights. In both cases the court expressed reluctance at being obliged to so decide, and we may well believe a different result would have followed if the maga- zine copyright had been taken in the authors’ name. Besides, the court was construing the law of copyrights as it was in 1860, and before the important amendment of 1891, hereafter referred to. The almost uniform practical construction of the copyright law has been to give notice in connection with each number of a magazine, and this has been often sustained: Drone on Copyright, 144 ; Howell’s Annotated Statutes of Michigan was held copyrightable in Howell v. Miller, 91 Fed. 129, including all in the book which might fairly be deemed the result of the compiler’s labours, Reports of judicial decisions, so far as head notes or other original matter is concerned. Callaghan vy. Myers, 128 U.S. 617. Newspapers, Harper v. Shoppell, 26 Fed. 519, 28 Fed. 613; London Punch held copyrightable. Bradley v. Hatten, L. R.,8 Exch. 1. The provisions of the copyright law are to be broadly and liberally construed to insure to the author the product of his brain. Jenkins. J., in Holmee v. Donaghue, 77 Fed. 179. In Tribune Co. v. Associated Press, 116 Fed. THE AUTHOR. 126, the Chicago Tribune attempted to copyright, under contract, some’ special telegraphic matter of the London Times, by depositing in the Chicago Post Office, on the evening before publication, the: general title of the newspaper, with serial number and date, and by like deposit, immediately upom publication, of copies of the newspaper; each addressed to the Librarian of Congress. It was held by Judge Seaman that it was at least ques- tionable whether a copyright can thus be secured | for a newspaper. But as the defendant did not. copy from the Tribune, but directly from the London Times after its publication in England, © and as the matter published by the Times and’ Tribune was not identical, there was no infringe- ment, nor was any copyright thus obtained. In England it was at first held that a newspaper was not a book or periodical in Cox vy. Land and Water Journal Co., 39 L. J. Rep. 152, but the contrary was decided in Walter v. Howe, 50 L. J. Rep. 621, in Cate v. Newspaper Co., 58 L. J. Rep. 288, and finally by the Court of Appeals in Trade Auciliary Co. v. Protection Association, 58 L. J- Rep. 293. Whatever may have been the true construction of former copyright acts, and whether or not a newspaper is entitled to copyright, I think the International Copyright Act of 1891 has set the question at rest so far as periodicals like Harper's: Bazaar are concerned. Section 11 of the Act provides as follows : “Bach number of a periodical shall be con- — sidered as an independent publication, subject to — lw the form of copyrighting as above.” 26 Stat. | ut 1165. The closing words evidently refer to the condi- — i tions prescribed for securing and retaining copy- we right, that is the deposit of title of the periodical,. hy the two copies thereof, and the notice of copyright. nt to be given on the title-page or page immediately nel following. If the notice of copyright is to be be given in connection with each separate article: et published in a magazine, and not once for all has contained in it, the language used to prescribe the: | 9 duty of giving notice is not well adapted to the: i object sought; for how is it possible to insert a | #) notice on the title-page, not of a periodical, but of | ly an article? The latter may have a/itle, but hardly Gi a title-page ; while the former has both. Did the publication of the story in Blackwood’s: Magazine, both in Great Britain and the United States, or of the British edition of the book, all: without notice of copyright, constitute a forfeiture: or abandonment of complainant’s copyright ? This is purely a question of copyright, and not: | of the underlying literary property. Abandon- | = ment, forfeiture, public dedication of the exclusive: |<’ right of copy may be presented in several aspects :.  (1) Abandonment or public dedication by the owner of a limited domestic copyright ; (2) Acts of abandonment by the owner of foreign copyright ; (3) Acts of abandonment by the owner of the re- mainder of the literary property left after the grant of limited domestic copyright, and which do not infringe on the latter ; (4) Acts of the latter kind which do so infringe. I think that domestic copyright is forfeited or abandoned only in the first, and not in the other cases; and that this conclusion follows clearly from the Copyright Act of 1874, and from the decisions on abandonment. It is insisted by counsel for defendants that the acts of the author of abandonment, in the case here, by publishing in England and America with- out notice of copyright, were binding on Harper & Brothers, depriving them, without their own act, of their copyright. It is so argued because the author could not confer upon Harper & Brothers any greater right than she herself possessed ; and assuming that they had the power to copyright in their own name, yet that right would be subject to all subsequent conditions imposed upon the author. But the statute does not require the author to give the copyright notice. It provides that “ No person shall maintain an action for the infringement of his copyright unless he shall give notice thereof by inserting in the several copies of every edition published,” the form prescribed. It is the owner of the copyright who is to give the notice, and he must insert it in every copy published by himself. The statute did not attempt the impossible or impracticable by compelling him to insert the notice in other publishers’ editions, but only those controlled by himself. As said by the Supreme Court, in Thompson v. Hubbard, 131 U.S. 128: “‘The plain declaration of the statute is that no person shall maintain an action for the infringe- ment of Ais copyright unless he shall give notice thereof by inserting the prescribed words in the several copies of every edition published. This means every edition which he, as controlling the publication, publishes.” Harper & Brothers had no control over the acts of Blackwood & Son, either in Scotland or the United States, and were ignorant of the publi- cation in New York of the American edition of Blackwood. How could they abandon their own copyright without their own volition? For- feitures are strictly construed. It would be a harsh rule which would compel a publisher to insist in his contract with the author on having his own copyright notice inserted in every copy of the work published by all other persons. This might be highly impracticable, and difficult of execution. The statute should not be given such aconstruction unless imperatively required by its THB AUTHOR. 201 language ; which, as we have seen, means nothing of the kind. In the case of G. & C. Meriam Co. v. United Dictionary Co., already cited, the owner of the copyright, after publishing the book in this country, took the plates to England and there printed and published additional copies ; omitting, however, the notice of American copyright. Judge Kohlsaat very properly held this to be an abandonment of the copyright. To constitute abandonment there must be a clear, unequivocal and decisive act of the person entitled, showing a determination not to have the right relinquished. 1 Cyc., 5. Publication in a foreign country without the consent of the author is not an abandonment. Boucicault v. Woods, 2 Biss. 34. Or without the consent of the owner of the exclusive right to publish in this country. Goldmark vy. Kreling, 35 Fed. 661. See also Haggard v. Waverly Pub. Co., cited in George H. Putnam’s work on copy- rights (U. 8. C.C. Dict. N. J.). American Press Ass'n v. Daily Story Pub. Co., 120 Fed. 766. The case of Werckmeister v. Am. Lith. Co., 117 Fed 360, decides a contrary rule, but one which I think should not be followed. The publication in Blackwood’s American edition seems to have been an infringement on Harper & Brothers, not an abandonment by them ; but it is not necessary to decide this point. It is further insisted that as it is admitted defendants’ publication is not taken from com- plainant’s book, but from the authorised English edition, published without notice of copyright, the case fails, This position is supported by quotation from Drone on Copyright, 399—400, and Johnson y. Donaldson, 3 Fed. 22. The Chicago Z’ribune case is also in point here, since the defendant in that case received and published telegraphic dis- patches from the London Times covering extracts from its columns; and it was held that the Tribune could not prevent this by copyrighting its own paper, covering other extracts or articles from the Times. But I think the rule inapplicable to this case, because defendants did something expressly pro- hibited by the copyright law. Section 4956, as added to in 1891, provided : “During the existence of such copyright the importation into the United States of any. book so copyrighted, or any edition or editions thereof, or any plates of the same, not made from type set . within the limits of the United States, shall be and it is hereby prohibited.” Defendants did just what is here prohibited. They imported a substantial copy of “The Masquerader” not made from type set in this country. They are therefore within the condem- nation of the law. They cannot be allowed to  202 found legal rights on acts made unlawful by being prohibited. In the dictionary case above referred to, defen- dant imported the books, as did defendants here, but they were made from plates in this country. It did nothing prohibited, and was, with some reluctance on the part of the court, justified in so doing. - : : On the question of prohibited importation a case of the bringing in of a piece of music pub- lished in Germany, on which there was an English copyright, was presented in Pitts v. George & Go. 66 L. J. Ch. 1; 75 L.-T. Rep. N.S. 820, where such importation was held unlawful. The International Copyright Act there in question was however quite different from the American copyright law. : The motion for temporary injunction should be granted. A. L. Sanporn, Judge. [Owing to the two judgments in the Amercan Courts (the first printed in the February issue, (. C. Merriam Co. v. United States Dictionary Co., the . second printed in the present issue), having given rise to diverse opinions in this country and the United States, it has been decided to obtain the opinion of an eminent United States copyright lawyer on the difficulties involved. Pending a final decision of the questions at issue, either by a judgment of the Supreme Court of the United States or by an amendment of the law, members would act wisely in arranging for the insertion of the “ Copyright notice”’ in all editions of their books, that is, not only editions intended for circulation in the United Kingdom, but also Continental and Colonial issues and translations. The correct form of the notice required by American law is as follows :—Copyright 190—— by in the United States of America. Ep.] Parr II.—ComMENT. This case is of considerable importance as ‘showing the limitation contained in the judg- ment in Veriam Co. v. United Dictionary, which at first sight might appear to be inconsistent with it. The two cases, however, are quite distinct, and no fault can be found with the more recent decision. Messrs. Harper Bros., the proprietors of the American copyright in Mrs. Thurston’s story” «The Masquerader ” (the American title of “John Chilcote, M.P.”’), published it in Harper's Bazaar and in book form in the United States, being careful to insert the statutory copyright notice. Messrs. Blackwood and Sons, the proprietors of THER AUTHOR. the English copyright, published the story entitled “ John Chilcote, M.P.,” in Blackwood’s Magazine, which circulated in the United States, and in book form in England, without the American copyright notice. One of the defendants purchased some copies of “John Chilcote, M.P.,” in England and took them to Chicago and proceeded to issue an edition printed from these copies until they were restrained by an injunction. As in the Meriam case, the absence of the copyright notice was set up as a defence to the action, but in this case it failed for the following reasons :— (1.) The owners of the American copyright, Messrs. Harper Bros., had not authorised or consented to any publication of the story with- out the copyright notice. In the Meriam case, the owner of the American copyright was directly responsible for the publi- cation of the English edition in which the copy- right notice was not inserted. The distinction is a sensible one, because it is the owner of the American copyright who is primarily interested in being able to sue in the United States, and it would be manifestly unjust that he should lose his copyright in that country by reason of anything done by the author or owner of the English copyright in England (see also Falk v. Gast, 54, F. R. 890). Fortunately, the author had assigned the American copyright to Messrs. Harper Bros., and they had registered it under the contract in their own name ; because, if it had been registered in the author’s name, any publication authorised by her in England, omitting the copyright notice, might have been fatal to an action for infringe- ment in the United States. British authors, therefore, should bear this in mind. It is safer to assign the American copy- right and to have it registered in the assignee’s name, because the American owner will take good care that the copyright notice is duly inserted in every edition authorised by him; but if the author registers the American copyright in his own name, he may lose his rights in the United States if at any time any copies are published under his authority in England without the American copyright notice. (2.) The defendants were guilty of a breach of the law against the importation of American copyright books. Tt will be remembered that in the Meriam case (see last month’s Author j the defendant was careful not to infringe the law in this respect. The copies he imported were printed from plates manufactured in the United States, and this is an exception to the prohibition against importation.  THE AUTHOR. Further, he pleaded that he purchased ‘‘ two copies for use and not for sale,” and this is another exception to the rule. In the Harper case, on the other hand, the importation by the defendants did not come within either of these exceptions, and the Court very justly observed that they could not -be allowed to found legal rights on acts which were unlawful. HarotD Harpy. Se PUBLICATION AND COPYRIGHT. —+- =< — Part II. T may be remarked that the importance of a I date of publication as a period for the compu- tation of the duration of the right in literary works does not exist in most foreign countries. The usual and simpler plan for computing copyright is the life of the author, plus a given number of years. In England copyright does not begin until publica- tion, and though before that there is the common law right, publication marks the beginning of the statutory right. It would simplify matters considerably if copy- right lasted with us for a given number of years after the author’s death, and if kis published works and his unpublished works alike were protected by statute. If the rights of a dramatic author were protected by statute from both methods of infringe- ment, without the necessity for publication, or for the formal “ copyright performance,” no one would be any the worse except the dishonest person who looks out for the opportunity to infringe, and authors and others would be saved trouble and expense. The law in France forbids the public representa- tion of plays, whether they have been printed or not, without the consent of the author or of those who stand in his shoes, and does not require that any public representation should be held in order to prevent future ones. When the play has been “ published” it has to be protected by deposit like any other book. - The law in Hungary, Spain, Sweden and Italy, is much the same, that is to say, the author as such can prevent his play from being acted without his authority, and does not have to date the rights given to him by the legal codes of his country from a first public performance or from any other form of publication. Lectures, sermons, and speeches, delivered in public or to more or less private audiences have caused a considerable amount of litigation when persons who have had the advantage of being able 203 to write shorthand have taken them down and published them in print. They are the subject of copyright when printed and published by the authors, but merely delivering them publicly and to an audience in uo sense a private one, seems to have the effect of rendering them public property without securing to them the copyright protection which publication in print confers. The difficulties arising with regard to lectures, sermons, and speeches, however, involve the whole question as to how far they are subjects of copyright, and as to how they might be better protected for the benefit of those who compose and deliver them. Engravings are protected for twenty-eight years from the date of first publication provided that this date is fixed by means of the “ publication line” as it is usually called which contains, besides the date, the name of the proprietor. The regular print- publishers and print-sellers are aware of the law, and, no doubt, comply, as a rule, with all the required formalities. Probably, however, a certain number of engravings of minor importance are, in fact, “‘ published” by their authors in every year without compliance with this condition, and with- out more protection than is afforded by an interested person possessing the plate. How far sales to any- one who chooses to ask the engraver or his agent to sell him a proof constitute a publication may at any time become the subject of litigation. With regard to engravings, the danger to the unwary appears to lie in this, that publication may take place, in fact, without the person who publishes realising that he is losing the benefit of protection of the common law, and that he is not obtaining (by complying with the necessary conditions), the protection which statute law would affordhim. In France, engravers, as well as painters, are on the same footing as authors ; that is to say their copy- right is for the life of the artist and fifty years after his death. Three copies of the engraving desired to be protected have to be deposited by the printer in the national library. In Germany copy- right is for the life of the artist and thirty years after his death ; but certain forms of publication, such ag imitation in the productions of manufactur- ing industries, and reproduction in periodicals, entail consequences which artists have to consider before allowing them to take place. The Act of 1867, which confers upon artists their rights in what they produce, is silent as to the period from which these rights date. Mr. Copinger expresses the opinion that the date of the making of the work of art must fix the time, saying, “The alternative suggestion is that the statutory copyright commences on publication, but the statute lends no support to this view.” The diffi- culty of deciding what constitutes publication of works of art does not, therefore, affect the duration of  204 legal rights in England. Where, however, American rights are concerned, the question whether a picture has been published, and if so the further question whether it has been so published as to be duly rotected, are of considerable importance. With regard to sculpture, Mr. Copinger thus sums up the requisite conditions in order to secure copyright in sculpture in England. The sculptor apparently must “conform strictly to the letter of the acts and engrave on the model, as well as on every cast or copy thereof, his name, and the day of the month and year when the model is first shown or otherwise published in his studio, or else- where, and such date must never be altered.” The difficulty as to the interpretation of “ publication ” in the case of statuary has been referred to. In France, the law with regard to artistic copyright follows as closely as circumstances will permit that which governs literary matter, but the formality of deposit of copies is not necessary in the case of sculptured work. The time of publication is of importance in England in the case of sculpture as the starting point of the term of protection, and the condition of placing the name and date on the work is not a very irksome one to comply with. In conclusion, whether publication has taken place or not is at present a question of fact which in many possible instances is not easy to answer. It is a question of importance to many who claim to be owners of copyrights, both in relation to their rights abroad and to their rights in England. Its simplification by statutory definition, and by the laying down of forms to be followed which will be deemed equivalent to publication, may well be practicable, and it may be suggested that the possibility of this should be considered whenever copyright legislation takes place. At the same time, the importance of ascertaining the date of publication in order to determine the duration of copyright might usefully be done away with by making the possession and duration of copyright as far as possible independent of what is after all but a circumstance of the “invention” which should confer the exclusive right upon the inventor. BE. A. A. ——————_+—_ > —___—_ MAGAZINE CONTENTS. ee nel BLACKWOOD’s. Drake: An English Epic. By Alfred Noyes. Musings Without Methods: The Drama in the Village : What Ails the Stage: Lord Byron and a Forgotten Scandal. BoOoKMAN. The Schoolboy in Fiction. By W. E. W. Collins. Tobias Smollett. By Ranger. THE AUTHOR. {. On the Scientific Attitude to Marvels. Book MONTHLY. A Literary Alliance : Viscount Hayashi on English and Japanese Books and Authors. By James Milne. Our Chief Singer: An Appreciation of Mr. Swinburne and His Poetry. By Arthur Waugh. The Paris Bookshop and How Its Methods Strike an English Book-Buyer. By Alphonse Courlander. Books Women Like : A Woman’s Thoughts on Tempera- ment and Reading. By Georgiana Bruce, CHAMBERS’ JOURNAL. English Public School Education from a Colonial Point of View. By A Victim, CONTEMPORARY REVIEW. Revivalism and Mysticism. By W. F. Alexander. The German Drama of To-Day. By Count 8. C. de Soissons. CoRNHILL. Judgment of Ginone. By R. A. K. FORTNIGHTLY REVIEW. Boston. By Henry James. By Sir Oliver Lodge. William Pitt. By J. A. R. Marriott, Mr. Bernard Shaw's Counterfeit Presentment of Women. By Constance A. Barnicott. The Press in War Time. By A Journalist. William Sharp and Fiona Macleod. By Katherine Tynan. INDEPENDENT REVIEW. Satire and Poetry at Olney. By Sidney T. Irwin. King Lear at the Theatre Antoine. By M. Strachey. Ibsen’s Letters. By G. Lowes Dickinson. Our Road Lay up the Apennine. By Herbert Trench. MACMILLAN’S MAGAZINE. Stevenson at Fontainbleau. By Robert B. Douglas. MONTH. Dead Languages and Living Interest. Bellantis. The Chester Plays. By Darley Dale. Catholics at the National Universities, D. O. Hunter-Blair, Bart., 0. S. B. By L. E. By The Rey. Sir MONTHLY REVIEW. Wolfgang Amadeus Mozart. By A. E. Keeton. A Servant of the Crown. By Theodore Andrea Cook. Lord Lovelace and Lord Byron. By Rowland EH, Prothero. NATIONAL REVIEW, Edmund Burke. By The Archbishop of Armagh. Christian Tradition and Popular Speech. By the Rey, R. L. Gabes. The Cup of Judgment. By Clotilde Graves. NINETEENTH CENTURY. The Dance in Ancient Greece, By Marcelle Azra Hincks. “The First Gentleman of Europe.’’ By Ellen L. Dillon. TEMPLE Bar. The Laureate of the ‘‘ Beefstakes.” By ‘‘Thormanby.” Kwannon, By Marjorie L. C. Pickthall. (There are no articles dealing with Literary, Dramatic, or Musical subjects in Zhe Pall Mall Magazine.)  THE AUTHOR. WARNINGS TO THE PRODUCERS OF BOOKS. ——_+——+—— ERE are a few standing rules to be observed in an agreement. There are four methods of dealing with literary property :— I. Selling it Outright. This is sometimes satisfactory, if a proper price can be obtained. But the transaction should be managed by a competent agent, or with the advice of the Secretary of the Society. ll. A Profit-Sharing Agreement (a bad form of agreement). In this case the following rules should be attended to: (1.) Not to sign any agreement in which the cost of pro- duction forms a part without the strictest investigation. (2.) Not to give the publisher the power of putting the profits into his own pocket by charging for advertisements in his own organs, or by charging exchange advertise- ments. ‘Therefore keep control of the advertisements. (3.) Not to allow a special charge for “‘ office expenses,” unless the same allowance is made to the author. (4.) Not to give up American, Colonial, or Continental tights. (5.) Not to give up serial or translation rights. (6.) Not to bind yourself for future work to any publisher. As well bind yourself for the future to any one solicitor or ‘doctor |! Ill. The Royalty System. This is perhaps, with certain limitations, the best form of agreement. It is above all things necessary to know what the proposed royalty means to both sides. It isnow possible for an author to ascertain approximately the truth. From time to time very important figures connected with royalties are published in 7’he Author. IY. A Commission Agreement. The main points are :-— (1.) Be careful to obtain a fair cost of production. (2.) Keep control of the advertisements. (3.) Keep control of the sale price of the book. General. All other forms of agreement are combinations of the four above mentioned. Such combinations are generally disastrous to the author. Never sign any agreement without competent advice from the Seczetary of the Society. Stamp all agreements with the Inland Revenue stamp. Avoid agreements by letter if possible. The main points which the Society has always demanded from the outset are :-— (1.) That both sides shall know what an agreement means. (2.) The inspection of those account books which belong tothe author. Weare advised that this is a right, in the nature of a common law right, which cannot be denied or withheld, ’ (3,) Always avoid a transfer of copyright.* ————__+—_+___—__ WARNINGS TO DRAMATIC AUTHORS. —— > — EVER sign an agreement without submitting it to the Secretary of the Society of Authors or some com- petent legal authority. 2. {t is well to be extremely careful in negotiating for the production of a play with anyone except an established manager. 205 _ 3. There are three forms of dramatic contract for plays in three or more acts :— (a.) Sale outright of the performing right. This is unsatisfactory. An author who enters into such a contract should stipulate in the contract for production of the piece by a certain date and for proper publication of his name on the play-bills. (0.) Sale of performing right or of a licence to perform on the basis of percentages on gross receipts. Percentages vary between 5 and 15 per cent. An author should obtain a percentage on the sliding scale of g7vss receipts in preference to the American system. Should obtain a sum inadvance of percentages. A fixed date on or before which the play should be performed. (c.) Sale of performing right or of a licence to perform on the basis of royalties (é.c., fixed nightly fees). This method should be always avoided except in cases where the fees are likely to be small or difficult to collect, The other safeguards set out under heading (0.) apply also in this case. 4. Plays in one act are often sold outright, but it is better to obtain a small nightly fee if possible, and a sum paid in advance of such fees in any event. It is extremely important that the amateur rights of one-act plays should be reserved. 5. Authors should remember that performing rights can be limited, and are usually limited, by town, country, and time. This is most important. 6. Authors should not assign performing rights, but should grant a licence to perform. ‘The legal distinction is of great importance. 7. Authors should remember that performing rights in a play are distinct from literary copyright. A manager holding the performing right or licence to perform cannot print the book of the words. 8. Never forget that United States rights may be exceed- ingly valuable. ‘hey should never be included in English agreements without the author obtaining a substantial consideration. 9. Agreements for collaboration should be carefully drawn and executed before collaboration is commenced. 10. An author should remember that production of a play is highly speculative: that he runs a very great risk of delay and a breakdown in the fulfilment of his contract. He should therefore guard himself all the more carefully in the beginning. 11. An author must remember that the dramatic market is exceedingly limited, and that for a novice the first object is to obtain adequate publication. As these warnings must necessarily be incomplete, on account of the wide range of the subject of dramatic con- tracts, those authors desirous of further information are referred to the Secretary of the Society. —_——_—_<>—_o____—_- WARNINGS TO MUSICAL COMPOSERS. ITTLE can be added to the warnings given for the assistance of producers of books and dramatic authors. It must, however, be pointed out that, as a rule, the musical publisher demands from the musical composer a transfer of fuller rights and less liberal finan- cial terms than those obtained for literary and dramatic property. ‘The musical composer has very often the two rights to deal with—performing right and c pyright. He 206 should be especially careful therefore when entering into an agreement, and should take into particular consideration the warnings stated above. ——————o ro ——__—_——_ t HOW TO USE THE SOCIETY. — + 1. VERY member has a right toask for and to receive advice upon his agreements, his choice of a pub- lisher, or any dispute arising in the conduct of his business or the administration of his property. The Secretary of the Society is a solicitor, but if there is any special reason the Secretary will refer the case to the Solicitors of the Society. Further, the Committee, if they deem it desirable, will obtain counsel's opinion. All this without any cost to the member. 2. Remember that questions connected with copyright and publishers’ agreements do not fall within the experi- ence of ordinary solicitors. Therefore, do not scruple to use the Society. 3. Send to the Office copies of past agreements and past accounts, with a copy of the book represented. The Secretary will always be glad to have any agreements, new or old, for inspection and note. The information thus obtained may prove invaluable. 4. Before signing any agreement whatever, send the document to the Society for examination. 5. Remember always that in belonging to the Society you are fighting the battles of other writers, even if you are reaping no benefit to yourself, and that you are advancing the best interests of your calling in promoting the independence of the writer, the dramatist, the composer. 6. The Committee have now arranged for the reception of members’ agreements and their preservation in a fire- proof safe. The agreements will, of course, be regarded as confidential documents to be read only by the Secretary, who will keep the key of the safe. The Society now offers : —(1) To read and advise upon agreements and to give advice concerning publishers. (2) To stamp agreements in readiness for a possible action upon them. (3) To keep agreements. (4) To enforce payments due according to agreements. Fuller particulars of the Society’s work can be obtained in the Prospectus. 7. No contract should be entered into with a literary agent without the advice of the Secretary of the Society. Members are strongly advised not to accept without careful consideration the contracts with publishers submitted to them by literary agents, and are recommended to submit them for interpretation and explanation to the Secretary of the Society. This 8. Many agents neglect to stamp agreements. The must be done within fourteen days of first execution. Secretary will undertake it on behalf of members. 9. Some agents endeayour to prevent authors from referring matters to the Secretary of the Society ; so do some publishers. Members_can make their own deductions and act accordingly. 10. The subscription to the Society is £1 1s. per annum, or £10 10s. for life membership. THE AUTHOR. TO MUSICAL COMPOSERS. 9 HE Society undertakes to stamp copies of music om behalf of its members for the fee of 6d. per 100 or _. part of 100, The members’ stamps are kept in the Society’s safe. The musical publishers communicate direct with the Secretary, and the voucher is then forwarded to- the members, who are thus saved much unnecessary trouble. ——_—__—_ <> -______ THE READING BRANCH. —— EMBERS will greatly assist the Society in this branch of its work by informing young writers of its existence. Their MSS. can be read and treated as a composition is treated by a coach. The term MSS. includes not only works of fiction, but poetry and dramatic works, and when it is possible, under special arrangement, technical and scientific works. The Readers are writers of competence and experience, The fee is one guinea. ——$$o—— 9 ———___ NOTICES. Sa HE Editor of The Author begs to remind members of the Society that, although the paper is sent to them free of charge, the cost of producing it would be a very heavy charge on the resources of the Society if a great many members did not forward to the Secretary the modest 5s. 6d. subscription for the year. Communications for “The Author” should be addressed to the Offices of the Society, 39, Old Queen Street, Storey’s Gate, S.W., and should reach the Editor not later than the 21st of each month. All persons engaged in literary work of any kind, whether members of the Society or not, are invited to communicate to the Editor any points connected with their work which it would be advisable in the general interest to publish. Communications and letters are invited by the Editor on all subjects connected with literature, but on no other subjects whatever. Every effort will be made te return articles which cannot be accepted. oe The Secretary of the Society begs to give notice that all remittances are acknowledged by return of post, and he requests members who do not receive an answer to important communications within two days to write to him without delay. All remittances should be crosstd Union Bank of London, Chancery Lane, or be sent by registered letter only. Or LEGAL AND GENERAL LIFE ASSURANCE SOCIETY. — ENSIONS to commence at any selected age, either with or without Life Assurance, can be obtained from this society. Full particulars can be obtained from the City Branch Manager, Legal and General Life Assurance Society, 158, Leadenhall Street, London, E.C.  THER AUTHOR. AUTHORITIES. ——— E have been informed by the Registrar of AY Copyrights at the Public Library at Washington that the third session of the conference on copyright was held in the library at Washington during last month, commencing on March 13th. It is hoped that the copyright bill may then be agreed to and settled by the various interests represented at that meeting so as to be in readiness to submit to Congress. The French and German authors have urged the extension of the interim term of protection granted by the Act of March 3rd, 1905, for books in foreign languages. ‘As soon as it is possible to obtain a copy of the bill for public discussion, it will be laid before the committee of the Society. THIRTEEN AS TweELVE.—This is one of the most insidious ways devised by publishers to squeeze out a little extra profit. In the good old days the royalties were paid on every copy of the book sold. All the calculations as to authors’ profits which were made by the Society were made reckoning that on the one hand the publisher paid a royalty on every copy sold, and on the other hand that he sold thirteen as twelve to the booksellers in the majority of cases. However, the old custom of paying royalty on every copy sold is going out, as the publisher asserts to the author that in the majority of instances he sold thirteen as twelve, and therefore jn fairness could only pay on that number, and the author, ignorant of the usual methods of sale, and, therefore, unable to deny the publisher’s statement, yielded to what amounts to over 8 per cent. reduction. Having advanced so far, the publisher proceeded to reckon thirteen as twelve on his sales to America, and this has been very strongly pressed by one or two publishers who have their own houses in the United States, but although it may be clear that there is a custom by which on the English market in certain circum- stances the bookseller purchases thirteen as twelve, it must be emphatically asserted that there is no such custom in the American market. We have made enquiries of those acquainted with the United States book market, and are informed that there is no evidence whatever of such a practice. If, therefore, an English publisher in the future insists upon reckoning the royalty on sales to America at thirteen as twelve, this should be strenuously opposed by the author, especially if the publisher asserts that this is a trade custom, for he should not by the aid of a falsehood 207 endeavour to obtain an advantage of the author. : - United States thirteen copies are not sold as welve. We have received from the publishers “The English Catalogue of Books for 1905, 69th year of issue, London : The Publishers’ Circular, Ltd.” This annual has been before the public for so long, and is so universally known and so justly esteemed, that any praise of it on our part is superfluous. Commendation cannot go beyond saying that the new volume is in every respect a worthy continuation of its invaluable predecessors. It seems almost impossible to imagine that any man of letters is ignorant of the merits of this practically indispensable book. But if any are to be found, we can only recommend them to make the acquaintance of the work at the earliest possible opportunity. In its index of authors and titles, under one alphabet, they will find that they have a summary of English literature brought up to date, that will save the scholar and student the fatiguing labours of searching to discover what has been done, and will prove no less helpful and suggestive to the general reader. : _ We have much pleasure in printing an interest- ing article from the pen of an editor of a well- known review. Although we do not agree entirely with the legal opinions expressed, which deal with the respon- sibility and the rights of the editor, yet we cannot but think that it will prove a useful hint to many authors, and will lead them to take more careful consideration before they send in their contribu- tions to magazines. A little foresight will not only save the editor a great deal of trouble, but will save the author a great deal of worry. Audi alteram partem is not merely a sound legal motto, but it is equally applicable to ordinary business. ———_+——_+—_____—__ A BALLADE IN SPRING. — \ Aes Spring’s kind hands with unguents meet The wounds of cruel winter tend, And sunny rays with loving heat For bitter frost do make amend, Then hark ! the thrush’s notes ascend, With pride of heart his music’s set, And boastful trills his throat distend On topmost bough a silhouette. THE AUTHOR. (No pedlar in the village street Could more persistently defend The value of his wares and beat, The inverted tub whose upturned end His counter is: while oil lamps lend With guttering light their flare and fret To mark his bodies forward bend On topmost tub a silhouette). To speckle breast no calm retreat, No bosky grove—where others blend In misty chorus dimly sweet— Their shady paths will e’er commend. His tunes however clear offend (He scorns the modest chansonette) And all our finer feelings rend On topmost bough a silhouette. L’Envotr. Authors who wearily have penned Your own and life’s dull novelette, Take heed, nor emulate our friend On topmost bough a silhouette. A. B.C. —_——_ + +—__—_——_- UNITED STATES NOTES. —+— + HAT he is justified in terming ‘ some very pleasing conclusions ” have resulted from the editor of the Bookman’s survey of the American fiction of 1905, as compared with that of previous years. There is more evidence of the indi- vidual note; he finds, and the possibility of creating great sales “through sheer exploitation,” has, he thinks, become an impossibility for publishers. The lists show a renewed interest in the books of English authors. The six most popular novels of last year “were divided equally in authorship, -both as to sex and nationality ” ; whereas in 1904, only two out of the thirty favourite works were English, and one Canadian. We must congratulate the Bookman upon the new educational department which it has inaugu- rated this year. This should be of value to many readers. The bi-centenary of the great diplomatist and man of science, who in his last will and testament wrote himself down “ Benjamin Franklin, printer,” has been celebrated in more ways than one. An exhibition at the Boston Public Library ; a dinner at the New Grand Hotel, New York; and—a strike! The demand of the International Typo- graphical Union was for an eight-hours day with nine hours pay, and a “close shop”; and it was speedily conceded, with some reservations, by Harper, Funk and Wagnal, Munsey, and other houses. The question of the “close” or “open shop” seems to have had more to do with the movement than that of the reduction of hours. A copyright treaty between the United States. and Japan, on the lines laid down by the inter- national conference, was ratified by the Senate on the last day of February. _ The acquittal of Norman Hapgood, who was indicted for telling the truth about Justice Joseph M. Deuel’s connection with a low-class society paper, is highly satisfactory. The directors of Collier’s Weekly have performed a public service, for which they are entitled to the greatest credit. Mrs. Wharton’s “ House of Mirth ” is still pro- voking discussion. No other American work of anything like its calibre has appeared since it was published. In fact the only book of any consider- able note that has seen the light since the beginning of 1906 is Miss Ellen Glasgow’s ‘‘The Wheel of Life.” Some of this lady’s admirers are inclined to think that she has made a mistake in leaving those southern fields in which she has won distinc-- tion ; but, at the worst, the novel is a courageous experiment. Like “The House of Mirth,” it. is another study of the seamy side of smart. New York society. Curiously enough the older work is now at the top of the ‘best sellers,” whilst its successor takes the last place among them. The second on the list is a book which is chiefly remarkable for the eccentricity of its title, Meredith Nicholson’s ‘The House of a Thousand Candles,’” though we notice that a journal of the far west makes bold to call it “ the best romance since the good old (?) days of Stevenson.” Another recently published story, A. B. Ward’s. “The Sage-Brush Parson,” has a certain merit on account of its faithful conveying of the atmosphere: of the west and the sympathetic presentation of its. hero ; and Herbert Quick’s ‘‘ Double Trouble ” is. a diverting tale of the dual-personality order. “ Barbara Winslow, Rabel,” by Elizabeth. Ellis,. may also be mentioned as a romance of rather more than average merit, if of a somewhat conventional type. Like Miss Glasgow, Mr. Nelson Lloyd has. deserted his usual field for New York. His. “Mrs. Radigun” attacks the problem from the humorous side, and is in its way effective enough.. David Graham Phillips’s new book, ‘‘ The Social Secretary,” has Washington as its locale. The author of that highly popular romance, “The Helmet of Navarre,” has made a new depar-- ture. “The Truth about Tolna” deals, like so- many other books we have alluded to, with the life- of contemporary New York. But she has treated the subject in the spirit of comedy rather than satire. The last piece of fiction which we need mention is a new book by the author of the ‘‘ The Grafters.’” The period of Mr. Lynde’s story is some twenty  THE AUTHOR. 209 years after the Civil War, and its scene Paradise Valley, Tennessee. The development of one Tonie Gordon, son of the owner of an iron furnace and an old soldier, is its chief theme. We had, however, forgotten Frances Hodgson Burnett’s new book, “The Dawn of a To-morrow,” which is issued by Messrs. Scribner. It. is a story of the London poor. The first publication of a new series called « American Public Problems,’ which the Holt Company are issuing, under the editorship of Dr. Curtis Ringwalt, will have an interest for the inhabitants of more than one continent. Prescott F. Hall’s “ Immigration and its Effects upon the United States,” deals among other things with the Chinese problem. George S. Meriam has reprinted from the Springfield Republican his scholarly presentation of the negro question, “The Negro and the Nation.” There will doubtless not be wanting a public for Olive Green’s “ Everyday Luncheons,” although a little philosophy is provided by way of hors d’wuvre to Messrs. Putnam’s confections, the menus of which are as the days of the year in number. - Mention of the house of Putnam brings to mind an amusing matter. That enterprising, well-edited and beautifully illustrated periodical, The Critic, recently brought from the grave and reanimated the corpse of the eminent sculptor, William Wetmore Story in order that he might figure as the author ofa poem. Now here is enterprise indeed ! Among the most interesting publications outside fiction of the spring season will be J. H. Hazleton’s account of the inner history of the Declaration of Independence. Another study of the same period, ‘‘ Americans of 1776,” comes from the pen of James Schouler, and is issued by the same house, Messrs. Dodd, Mead & Co. A memoir of Jacques Cartier, with Bibliography and a facsimile of the manu- script of his voyage (1534), comes also from the same publishers, Dr. James Phinney Baxter being the editor. The “Studies in American Trade Unionism,” edited by two professors in the John 8. Hopkins University, may be of some interest to European students of public affairs. Specialists write upon each particular trade organisation: the Knights of Labour, the Cigar Makers’ Union, the Machinists’ Union, the railway and building trades are among those treated, and we note that the Typographic Union has two sections devoted respectively to “government” and ‘collective bargaining.” Employers’ associations are also dealt with. A privately printed compilation of 1905, which has just come to hand, the “Chronicles of a Connecticut Farm,” from 1769 to date of issue, may appeal to agriculturists, and possibly, to some others too. Another private issue is the Grolier Club’s Catalogue of the Franklin Exhibition held by them this January. Mr. Bernard Shaw’s pugilist hero, Cashel Byron, has been impersonated over here by a real pro- fessional, no less than Jem Corbett himself. But: there is no fight in the play ! Mr. Carnegie is supposed to be engaged upor his autobiography, which should be good reading: when finished. It is refreshing to hear of an author who chooses: to remain anonymous from weariness of hearing herself praised. This, we are told, was the reason: why Mrs. Mabel Osgood Wright «abstained from putting her name to “ The Garden of a Commutor’s Wife.” And yet the American ‘‘ Who’s Who,” for 1906, contains two thousand new biographies. A statue of Charles Dickens, with a figure of Little Nell standing below him on the upper steps of the pedestal, has lately been erected in Philadelphia. Is this, as has been stated, the first monument raised to his memory in the United States ? Mr. Lippincott has, it is stated, suspended the preparation of his projected English dictionary on account of the persona! strain involved in the work. As, however, a considerable portion of the under- taking had been completed, it is hoped that, if he is unable to resume it himself, the enterprise may be carried through by another house. Messrs. Harper are bringing out a series entitled the “Mark Twain Library of Humor.” The great man himself is editor, so that he will give it something more than his name. The undertaking appears, from all accounts, to have been planned in a most catholic spirit. The chief loss that American literature has suffered since I penned my last notes is that of Paul I.aurence Dunbar. The negro poet died at Dayton, Ohio, on February 9th, in his thirty-fourth year. He worked as an elevator-boy and obtained little recognition till Mr. Howells drew attention to his “Majors and Minors.” Thenceforth, the author of “Lyrics of Lowly Places” became most prolific. The death of Miss Susan B. Anthony, historian of the Woman’s Suffrage Movement as well as an active worker in it, took place only the other day. pe AMERICAN COPYRIGHT LAW OF MARCH 3, 1905. —_-——+—. HE January number of the Droit d’ Auteur contains an interesting article upon the question whethera foreign play first published outside the United States comes within the pro- visions of the law of March 8rd, 1905. The writer: ‘210 points out that the American copyright statutes contain no definition of a “‘ book,” and as the new law only refers to books, it may be doubted whether a play published in printed form comes within the scope of its provisions. Anyone acquainted with the American copyright statutes might well be excused for asking the conundrum, “ When is a book not a book ?” and the answer surely should be, “ When it is a dramatic composition published in book form”; bat even then it is in some respects a book. It is manifest from the history of the Chace Act that “ dramatic compositions ’’ were purposely exempted from the requirement of the “ manufac- turing clause” as to books; and the case of Littleton v. Oliver Ditson Co. shows that a dramatic composition published in book form is not a book in respect of that requirement—that the two copies delivered to the Librarian of Con- gress, in the case of a dramatic composition, need not be printed in the United States. A dramatic composition published in book form, therefore, zs not a “ book” within section 4956. On the other hand, the section (4962) which requires the copyright notice to be inserted in “books” appears to include dramatic compositions ; because the next section (4963) which makes it an offence to insert falsely “such copyright notice ” contains the phrase, “in any book, map, chart, dramatic or musical composition.” The word “dramatic” was added when the section was amended, and this addition was in fact the only amendment madé. It seems to follow, therefore, that the previous section, requiring the copyright notice to be inserted, includes under the term “books”? dramatic compositions, which are not specifically mentioned. Accordingly, a dramatic composition published in printed form 7s a “book” under section 4962. It will be seen, therefore, that under the American copyright statutes a play published in printed form is in some respects a “book,” and in other respects it is not a ‘ book.” The new law of March 8rd, 1905, only deals with books, and whether the author chooses to regard his play under it as a “ book,” or under the earlier provisions as a “dramatic composition,” appears to be optional. In exercising his discretion, however, it would be well for the author to com- pare the formalities and privileges, in order that he may fully realise the effect of his decision. For example, the author of a French play first published in book form in France will lose his rights in America, unless he complies with the formalities as to registration, etc., in the United States. Two courses appear to be open to him :— (1.) He may regard the work as a “dramatic composition’? and comply with the ordinary TAR AUTHOR. formalities of registration, etc., on or before the day of publication; or (2.) He can regard the work as a “‘book” and obtain an interim protection within thirty days of publication, and so be allowed twelve months within which to comply with the ordinary formalities. In case (1) he must fulfil the following con- ditions :— (a) Deliver ‘a printed copy of the tile of the work to the Librarian of Congress on or before the day of publication. (b) Deliver two copies of the work to the Librarian of Congress not later than the day of publication. These copies need not be printed in the United States as is required in case of a “book.” (c) Insert the copyright notices in all copies published. On compliance with the above formalities the author protects his copyright, dramatic rights, and rights of translation in the United States for twenty-eight years, with a possible extension for fourteen years more. In case (2) nothing need be done before publica- tion. Within thirty days after publication, however, the author must send to the Librarian of Congress a copy of the book containing a reservation of his rights under the law of March 3rd, 1905, More- over, within twelve months after publication he must comply with the ordinary formalities as to registration, and as he will have to describe the work as a “‘ book,” the two copies to be delivered will have to be printed in the United States. It is advisable, therefore, that the author should, in such a case, adopt the first method of registering his play as a “dramatic composition,’ and so escape the liability of having the play printed in the United States, which is the ultimate effect of adopting the alternative method under the new law. If, on the other hand, the author is out of time at the date of publication, it appears to be open to him to take advantage of the new law and obtain within thirty days the interim protection, and subsequently (within twelve months) comply with the ordinary formalities as to books. Harotp Harpy. Ce Sn a THE GENERAL MEETING OF THE INCORPORATED SOCIETY OF AUTHORS. ot N March 27th, the annual general meeting of the society was held as usual in the Hall of the Royal Medico-Chirurgical Society in Hanover Square. The attendance was not so large as in some former years, but if the numbers present  THE AUTHOR. 211 do not increase in proportion to the growing list of members of the society, this is no doubt due to a settled feeling of satisfaction as to its prosperity, and to a diminished desire to question or criticise its management. Punctually at 4 p.m., Sir Henry Bergne, K.C.B., K.C.M.G., chairman of the committee of manage- ment, who presided over the meeting, rose to pro- pose the election of a member of the committee of the Pension Fund, and, on his motion, Mr. Morley Roberts, whose resignation in accordance with the rules created the vacancy, was re-elected unanimously, no other candidate being put forward. {n proceeding to introduce the report and accounts of the committee of management already in the hands of the members, the chairman referred with satisfaction to the continued growth and prosperity of the society, as shown by an increased member- ship of 116 since the last general meeting. During the past twelve months there had been elected 238 members and associates, a record number exceeding that of the preceding year by five. Against these elections there had been the loss of 122 members by death, resignation, and other causes, leaving the balance mentioned. Among the deaths, Sir Henry Bergne made special refer- ence to the loss sustained by the society in Sir Henry Irving and Mr. Edward Rose, but added that there were distinguished names also to be found among the new members enrolled. The aims of the society he summed up as the insisting upon the maintenance of the just rights of authors without supporting claims of a frivolous nature ; the line might not always be easy to draw, but cases were always carefully examined by the committee in order that justice might be done and support afforded to members of the society ; he would, however, like, by way of warning, to say that no author should ask the committee to take up his case unless he were prepared to go into court to support it. If the society were to con- tinue to make terms on behalf of members who became involved in disputes, it must be known that such disputes would certainly be fought out if necessary. Sir Henry Bergne next made allusion to the importance of the society’s action in the field of international copyright, pointing to the cases referred to in the report in illustration of this. He called attention to the relations also men- tioned in the report as existing between the society and the Canadian Authors’ Society, saying that the absence of complete understanding with the Colonies had hitherto stood in the way of effective action to amend the English law of copyright, and that in its absence no amendment of the law could be introduced effectively, while premature action without it would be undesirable. Turning again to the immediate concerns of the society, he alluded to its financial position as being thoroughly satis- factory, the heavy costs in the case of Aflalo v. Lawrence and Bullen having been paid, and the assets of the society showing a substantial surplus available after due allowance for all liabilities. In conclusion, he urged members to bring about the enrolment of all authors wherever possible in the society’s list of members. At the conclusion of Sir Henry Bergne’s address, which was received with applause, none of the members present desired to raise any question or to ask for any further explanation, and Mr. A. & Beckett rose to propose a vote of thanks to the chairman. In doing so, he referred incidentally to the status of dramatic authorship, and to the work being done by the dramatic committee of the society with regard to it. Upon this committee, as he pointed out, appeared the names of such representative dramatists as Mr. Pinero, Mr. Arthur Jones, and Mr. Sydney Grundy, as well as that of Sir Francis Burnand, to whose long and honourable: connection with Punch, recently terminated, he made special reference. In seconding the vote of thanks to the chairman, Mr. Rider Haggard declared that among the records of past chairmen, none was to be found who had done better work for the society than Sir Henry Bergne, the result of whose labours was to be seen in the report before the meeting. Himself a member of more years than he cared to recall, if not an original one, Mr. Haggard viewed with satisfaction its increase in members, in utility, and in prosperity. Its finances were in good order, and when it desired to make itself heard it was listened to. To this state of things Sir Henry Bergne had contributed not a little. After the vote had been put to the meeting and carried with enthusiasm, Sir Henry made a brief speech in acknowledgment, saying that if the chairmanship of the committee of management had given him at times trouble and anxiety, this was compensated by the pleasure which the conduct of its affairs had also afforded him. At the conclusion of the proceedings, in reply to a question, the date of the annual dinner was mentioned (May 9th), and the change of venue to the Criterion Restaurant. There were present on the platform, besides the chairman and the secretary (Mr. G. H. Thring), Mr. A. W.a Beckett, Mr. H. Rider Haggard, and Mr. Anthony Hope Hawkins. Other members present included Sir Robert Ball, Mr. KE. A. Arm- strong, Mr. T. P. Armstrong, Miss E. Baker, Mr. P. Warwick Bond, Miss Lottie Brook, Mr. E. E. Charlton, Miss Ellen Collett, Mr. Charles Daly, Mr. Basil Field, solicitor to the Society, Mrs. Wynne Foulkes, “ Rowland Grey,” Mrs. Julian. Mrs. Lechmere, Mr. Mowbray Marris, ‘212 Miss McPherson, Miss A. Moore, Miss Agnes M. Murphy, Miss Olive Katharine Parr. Mr. C. Pendle- bury, The Rev. C. E. Pike, Canon Haslock Potter, Mrs. E. Romanes, Mr. Victor Spiers, and Mr. L. C. “Wharton, etc., etc. ee CONTRIBUTORS AND THEIR LITTLE WAYS. By an Epiror. HE writer of this article found himself, a few years ago, seated in the editorial chair of a magazine, which had for its object the dissemination of new ideas, and especially of arousing fresh and enlightened interest in public affairs. The last thing in the world that the proprietors of the magazine desired was that it should become a refuge for hack writers or a ‘collection of useless trifles. This attitude was expressly explained in widely-circulated docu- ments, and the Press was good enough to give great publicity to it. Obviously, the general policy of the editor in such ‘circumstances was to make the expert, and especi- ally the young expert, place his stores of knowledge at the disposal of the public in a form intelligible to the ordinary layman. The fact that the expert ‘did not want to write was not to be allowed to weigh against the public interest. He must be made to write. New ideas are generated by the marriage of knowledge with enthusiasm. There can be no greater fallacy than to suppose that they are ever the product of ignorance, even of intelli- gent ignorance. To avoid raising false hopes, each number of the magazine was made to contain, in a conspicuous position, the request that no manuscripts should be ‘sent in without previous communication with the editor. It is needless to point out the advantages ‘of such an arrangement in the saving of time, expense, inconvenience and disappointment both to editor and contributors. It would not have been surprising to find that, in the circumstances, the magazine was besieged by the advocates of extreme causes ; and to these the management was perfectly prepared to lend a ‘sympathetic ear. Oddly enough, with the excep- tion of the indefatigable spelling-reformer, such ‘applicants were neither frequent nor persistent. In fact, there was a rather disappointing scarcity of Utopians. On the other hand, there was a rush of would-be contributors, whose only claim to a hearing was, apparently, that they were anxious to write on THE AUTHOR. something, no matter what. Many of them seemed to think that the magazine had been founded for their express benefit, and were furious at not being engaged as regular contributors. They chose the most obvious subjects, and their contributions were, to put it gently, not characterised by originality. To judge by the appearance of the MSS., many of them had been the round of various editorial offices, a fact which a little pains would have disguised. Many of them were only legible with difficulty, and a substantial proportion con- sisted of loose sheets, bearing no name or other mark of identification. In length they varied from afew pages to asmall volume. Neither the limita- tions of a periodical publication, nor the difficulty of keeping in order a large mass of unidentified copy, appeared to have entered into the considera- tion of their authors. The few who sent addressed envelopes for return did not seem to realise that a MS. has to be removed from its envelope for examination, and that the absence of any mark connecting it with its particular envelope added to the editor’s troubles. In spite of the warning in the magazine, the editor did his best to return the MSS. to their owners ; but in one or two cases, in spite of all reasonable care, mistakes were made, and then, needless to say, the indignation of the injured con- tributors was extreme. One of them formulated the theory that the editor was responsible for the loss. It is well that contributors should realise that such a theory is baseless. A man who opens a butcher’s shop might as well be held responsible for carcases sent to him without order — per- haps the consignors would have a stronger claim in that case, for the butcher might protect himself by refusing to take in the goods, while it is obvious that an editor cannot reject a postal packet until he has ascertained its contents, especially when he has given formal notice, by the only means in his power, that he does not desire unsolicited con- tributions ; he has aright to assume that intending contributors will take the trouble to look at his publication to ascertain his conditions. To inform an editor indirectly that you do not consider his journal worth perusal, is hardly calculated to operate as a promising introduction to business. If it were not an obvious suggestion, an editor might venture to hint that a careful study of the pages of his magazine might substantially increase the chances: of intending contributors. Perhaps the following simple rules might be of service :— 1. Ascertain the general character and objects of the magazine, and be sure that your contribu- tion falls within them. 2. Try to choose a subject within this scope, which has not. been recently handled by the magazine.  THE AUTHOR. 213 3. (As a corollary of No, 2.) Do not, when an article on a particular subject has recently appeared, in that or a rival periodical, offer another on the same subject. Another curious delusion on the part of contri- butors is that a personal interview adds to the chances of acceptance. The most fascinating talker in the world may be a poor writer; and, conversely, a really brilliant writer may be an absolutely offensive personality, and may arouse in the editorial breast, already annoyed by the intrusion upon busy time, a desire to get rid of the interviewer as quickly as possible, and a rigid determination never to admit the interviewer's contribution. Even the gift of a photograph is a doubtful step. An editor does not in the least care whether his contributors are ugly as sin, or beautiful as Venus. But, being mortal, he may be prejudiced against the donor by the very gift which was intended (presumably) to win his good opinion. Invitations to lunch and dinner stand on much the same footing as photographs. One other consideration may be suggested to the intending, as distinguished from the accepted, con- tributor. There are certain subjects which demand serious study as a primary condition, even of understanding, to say nothing of forming opinions. The land question is an example. No one who has not studied that question seriously for at least ten years is entitled to have an opinion upon it, much less to adopt the attitude of a reformer or critic. Yet the writer has received dozens of contributions, worth less than the paper on which they were written, which professed to offer practical and invulnerable schemes of reform. ‘The fact that the writers did not realise that the first lawyer’s clerk they might happen to meet could easily knock holes in the bottom of their schemes was, of course, in itself fatal to theirchances. If the land question could be settled by well-meaning amateurs it would have been settled years ago. Another ludicrous example of the amateur expert was the author of an article on the Far Eastern question, sent in at a crucial stage of the Russo-Japanese war. Somewhat struck by the fact that the writer, though dating from a remote Scottish island, dis- played an apparently remarkable acquaintance with the details of Eastern politics, the editor wrote to ask him how recent was his experience of the facts he professed to adduce. To his amusement, the editor received a reply to the effect that the writer of the article had never travelled beyond the limits of his native land, but that he had made a liberal use of the Encylopedia Britannica, which he was buying on the instalment system. But suppose the editor to have satisfied himself that an offered contribution is prima facie suitable, and is not a translation, made without consent, of a foreign author, nor an infringement of copyright ; his troubles are by no means over. If he is wise,. he will ask the author whether his MS., returned for finishing touches, has at last assumed the precise form in which he (the author) wishes it to appear. Receiving an affirmative reply, the editor will in confidence commit the MS. to the printer. But in not a few cases he will, in the course of a day or two, receive an agitated letter from the contributor, regretting that, by a curious oversight, or the mistake of a friend whom he deputed to. make a search, the figures on which he has based his arguments are incorrect, and “ will the editor kindly alter in accordance with the enclosed, after which the article will be exactly,” etc. This- process may be repeated any number of times ;. but it will not in the least obviate the alleged necessity for frequent alterations in the proof,. made, apparently, in entire oblivion of the obvious fact that press corrections cost money. One con- tributor, guilty in this respect, to whom the editor had offered a mild remonstrance in the form of a query as to the cause of these alterations, referred loftily to “the striving after perfection,” as a thing above the souls of editors. But he did not explain why the “ striving after perfection ” had not caused the retention of the MS. till the desired ideal was. reached. Another contributor, indignant at being retrenched in the matter of press corrections,. alleced that she had never before been restricted in this direction—a fact which, incidentally, throws. some light on the cost of printing in the public offices, for she was an official whose duty con- sisted largely in drawing up reports for Government use. Finally, the average contributor is curiously vague on the subject of reprints. In all proba- bility, few editors insist on the fact that the copy- right in an article contributed without special arrangement belongs absolutely to the proprietors of the periodical. But it is obvious that, in self- defence, an editor who does his duty to his pro- prietors cannot allow an immediate republication of an article for which he has paid, in arival publication, published, in all probability, at a cheaper rate, for brooms stolen ready made can be put cheap on the market. It does not seem to occur to contributors that there is anything unbusinesslike in selling an article to A., and then asking that B. may have the: use of it. In fact, they generally pride themselves on their scruples in asking for permission to reprint, and not infrequently suggest that the services of the editorial printers shall be placed at the disposal of the editor’s rival. 'The high-water mark of this editor’s experience was touched when a contributor, whose article had been accepted, asked him to- facilitate a reprint before publication. But that, perhaps, was a joke. 214 There was, it is believed, at one time a theory that common sense and business instincts were not to be expected of authors. If such a claim were put forward on behalf of a writer of genius, or even of conspicuous ability, it might be accepted ; for such men are rare, and we must be prepared to sacrifice time and trouble to give the world the benefit of their thoughts. But, oddly enough, experience shows that such men rarely put for- ward such a claim. Most of the great writers of the nineteenth century seem to have been uncommonly good men of business, and it has certainly been this editor’s luck to find his most important contributors singularly easy to deal with. Personally, he holds that the unsolicited article is seldom of much value, even on its intrinsic merits, and he entirely declines to admit that there is any sanctity about the casual contributor (who ought, quite likely, to be doing something much more useful than scribbling) that entitles him to exemption from the ordinary rules of business. Authorship is a profession which no one should take up without feeling quite certain of a vocation, and without a systematic training in the machinery as well as the materials of his work. Since he has occupied an editorial chair, the writer of these lines has more than once reflected, with a sense of formerly unsuspected meanings, on a favourite rebuke frequently administered to himself and his schoolfellows many years ago, by an acute teacher of foreign languages, whose knowledge of English was less perfect than his common sense. “You boys ; don’t none of you sink you is men of genius because you write badly.” a —_ oo —_—____——_ THE FUTURE OF THE NOYEL. a (Reprinted by permission of the Editor of Zhe Daily Telegraph.) EVERAL people have lately been exercising themselves concerning the fate of the novel— among others, M. Georges Ohnet, who seems ito be perturbed as to the future chances of the literary craftsman. M. Ohnet has, no doubt, con- tributed largely to the romance of the day, and many of his novels have appeared in English dress, to say nothing of the play “The Iron Master,” founded on his “Maitre de Forges.” But in France there was at least one notable critic— M. Lemaitre—who dismissed in a very succinct phrase M. Ohnet’s claim to write literature at all. ‘The exact merits of style and technique which dis- tinguish the real artist from his painstaking and most respectable brother— who writes so voluminously, enjoys so large a circulation, and THE AUTHOR. deserves almost every other form of praise except that of belonging to the first rank—are not patent to every observer, even within the writer’s own country. Still less, of course, are they discernible by foreigners. We do not pretend to say whether M. Ohnet is or is not a literary artist, any more than we should permit a foreign judgment on the interval which separates, let us say, ‘‘ Esmond” from “The Prodigal Son.” But one of the points suggested by the French novelist’s remarks is of as much interest in England as on the other side of the Channel. Will novel-writing sink, so to speak, from its own weight? Will it, as a literary exercise, be submerged by the vast bulk of speci- mens, the enormous mass of productions, which are put on the market every year from teeming presses ? We have some right to speak on such a question in this country, because the novel is, to a large extent, an English invention. Richardson wrote his laborious romances concerning his Pamelas and Clarissas, and forthwith became an European prodigy. Fielding, a better artist, because he possessed the divine gift of humour, taught us how novels should be composed, and his successors bettered the example. When the torch came into the hands of Walter Scott, and Thackeray, and Dickens, we enjoyed the halcyon days of English novel-writing. But on us of alater generation has descended the deluge. There was a time when men and women listened to Byron and Wordsworth, and read poetry. Not many years ago sermons and theological writings held the record among the publications of the year. Now the record is easily held by novels, the pro- duction of which defies all competition. Everybody one has ever heard of is either writing or has written a novel. It used to be said that every son of Adam carried a dead poet in his breast. It would be truer to say nowadays that every daughter of Eve carries an unwritten novel some- where within her heart or her brain. She lets it peep out sometimes, when she publishes “ The Diary of a Lonely Soul,” or composes letters de- scriptive of “ Betty’s” unceremonious visits to country houses. If she has been disappointed in love, or has been the victim of an uncongenial marriage ; if she has discovered the inconstancy of her woman friends, or tried the doubtful experi- ment of a platonic affection; if she suffers from nerves, or has travelled in foreign lands; felt within her the instincts of a “born mother,” or even cut her first wisdom tooth (although this, we understand, is a comparatively rare event), straight- way she writes a novel, and pays large sums to a publisher to issue it for her with suitable prelimi- nary puffs and a generous system of advertising. Women are the great writers of novels at the present time, and apparently are the great consumers of  THE AUTHOR. them. Just as ladies do not dress to please men, but to enjoy the pleasures of mutual criticism, so also they seem to compose their romances. Novel- writing is largely an industry exercised by women, for women, and about women. Of course, this wide extension of literary labour has its good effects as well as its bad. We may sacrifice quality, in consideration of quantity. But it is a most remarkable feature of our present age that the possession of more or less literary gifts should be so largely diffused throughout the com- munity. When M. Georges Ohnet, to whom we have already referred, was confronted by the num- ber of romances composed by both men and women of all classes, he confessed that he was astonished at the excellence of the result. “ Popular culture,” he remarked, ‘‘ has thrown upon the pavements of Paris an illimitable number of persons, fairly well instructed, who, so far from willing to hear others speak or let others write for them, are themselves young, ardent, erudite, ambitious, and—capable. The mischief of it is,” he proceeds, ‘“ that they have reason on their side. I have been reading many romances of which the authors are about twenty-five years of age, and I find that the talent which they have put into their books is extra- ordinary. They know now, at twenty-five, what in other days men learned by fifty. 1 repeat, that these readings have left me almost stupefied.” M. Ohnet was born a good many years ago, and his remarks savour, perhaps, of the reflections of that intolerant middle age which dislikes the phenomenon of the younger generation knocking at the doors. But the fact is that, alike in England and in France, the number of instructed persons who can write is large enough to suggest that the art of writing is itself, at all events in rudimentary forms, by no means difficult of attainment. Perhaps it is something to be proud of that in England every third woman and every twentieth man one meets has published something or other which, without any great strain on our credibility, can be described as a book. But there are drawbacks. The triumph of the amateur, the universal conquest of the world by amateurishness, obviously tends to degrade the very conception of art. For art is a technical business only to be acquired by much careful preparation and long mental discipline pursued with eager and unremitting industry. If “all can grow the flower because all have got the seed,” as Tennyson once remarked in a moment of bitterness, the value of the flower must be seriously diminished. It is not the rare and exquisite bloom of years of culture ; it is the easy and prodigal growth of a sort of grass of the field, which to-day is and to-morrow is cast into the oven. In no other department is the standard of good work 80 215. depreciated as in the case of the contemporary novel. Every artist knows how easily a certain amount of work, which in generous moments one describes as good, is produced. The praiseworthy in intention is over and over again mistaken for the exquisite in effect. We pay compliments with such facility that we have no adjectives left for the best kind of work, the work which comes so rarely, and which is so unmistakable when it does come. Those who are inclined to take a pessimistic view of the world at large are apt to say that we are living in an era of second-rate men, whether they be statesmen, politicians, dramatists, lyrical poets, or novel-writers. Pessimism is never right, but it always has some grain of truth, even in its most querulous moods. There is no cause for despair, because the good work has not only as fair a chance as ever it had, but is still easily discerned by elect minds. Nevertheless, it is undoubtedly true that the vast and simultaneous cultivation of an artistic field does not promote the production of those unique specimens which render an age illustrious. How many of our existing novelists or poets have any chance of being included amongst the Immortals ? ——— > — A REVIEW OF THE TOTEM QUESTION. —— + HE editor of Zhe Author has kindly asked me to contribute this further paper on “totems for authors.” Some of the readers of 7’he Author may remem- ber my letter in the January number, in which I suggested that “ writin’ chaps ” were beginning to feel the need of some better means of identification with their work than was afforded by merely attaching thereto their names. I went on then to quote off-hand a few doubles, pointing out that a page might be easily filled in that manner. After that, I put forth my idea that there was much to be said in favour of authors adopting each a totem whereby they might become distinguishable from others of the same name, and suggested that such totems could be registered, so as to prevent others from adopting them. In this wise, as I hope I made clear, though there arose an army of Browns, Smiths, and Robinsons, each determined to achieve fame, it would be possible to sort them out, provided that each adopted and registered a totem. Last month, I amplified somewhat my previous paper, chiefly in the direction of the necessity for simplicity in totems. I endeavoured—without, 1 hope, appearing an unconscious humourist — to- make it clear that a flat iron was better as @ fotem, tlian a less homely design which might 216 THE AUTHOR. not be so readily recognised. For, as I remarked, a totem is essentially intended to act as an identi- fication mark of an author with his work. There- fore, the simpler it is for the general public to recognise and name, the more perfectly does it accomplish its object. I may seem to insist too much on so simple and obvious a point; but I have received letters which have shown me that this detail has not been properly grasped, and hence my reason for further hammering it In. It should be borne in mind that totems are in- tended to help that terrible person “the man in the street’ to identify an author with his books ; therefore, it should not be necessary to possess erudition before the totem can be recognised or named ; and, further, I don’t think, a this respect, that latin quotations or inscriptions are of much use. It is true that the man in the street has some knowledge of foreign and dead languages ; as, for instance, Diew et mon Droit, which, by the way, he believes firmly is Latin, and quotes as such, with befitting gravity; and Semper Hadem which he will insist means “always the same,” and, indeed, I have never contradicted him. It may be very reasonably objected that a Latin inscription or motto cannot, at most, prove actually detrimental to the recognising and naming of a totem, and with this I agree. Ido but intend to suggest that it is of little use having as a totem a design which relies on an understanding of its Latin motto before it can be recognised and named. Indeed, so far from my having a radical objection to the graciousness which Latin imparts to our prosaic language, I have myself more than a sneaking desire to affix something of the sort to my totem. Yes, I intend to have one, though per- haps it is early times. Yet, I would have you to know that, like many people with the maternal instinct, I am “on the way.” T have anticipated a possible outcry against my oft reiterated plea for the use of commonplace objects as totems. And to this, if it arises, 1 am pre- pared to listen with a certain amount of deference. Alisthetic sanity will prompt the writer of beautiful thoughts to object vigorously to having, say, a flat- iron printed always beside his name on the cover of his book of poems or essays. Obviously, to do such a thing would be inartistic and to court ridicule and worse. And here I would take the opportunity to say that, when I advocate flat- irons, tongs, kettles, etc., I advocate also the use of a little humour and common sense in the making of selections. For instance, if Cutcliffe Hyne printed a kettle beside his name, there would be nothing inappropriate ; for his Captain Kettle stories have aade that useful article quite a famous and blood stirring emblem. In the case, however, of such a writer as Mr. Richard le Gallienne, we should have to search round for something that, while familiar and recognisable, was pretty and pleasant to the eye, and also not too obtrusive. As a matter of fact, this writer does not need a totem ; for his name is at present sufficiently unusual to enable him to dispense with one; but later it may be necessary, and then some pleasing natural object will have to be affixed to his books, with, perhaps, around it some well-known line from one of hig poems. To give a practical illustration in the case of another writer of fine thoughts, I would suggest for (Mrs.) Rosamund Marriott Watson that she take for her totem a flower blocked out in grey. Around it she could then print that striking line from her poeem—* The Pilgrim ”—“ And in Death’s garden all the flowers are grey.” Such a totem as this could not, I feel sure; offend the taste of the most fastidious. To the objection of the hypercritical esthete that totems may bring an added flavour of trade into the making of books, I would reply that, if the totem be carefully chosen, it need not in any way carry with it the taint (sic) of trade; for I have ascertained that the words ‘Trade Mark” or “Registered” need not be printed on, or in con- junction with, it. I wish here to refer back again to the need for some such distinguishing mark as this paper is advocating, and I think my strongest argument will be to print a list of authors, by no manner of means a comprehensive one, who are unfortunate enough to have fellow craftsmen bearing the same: surname, and in some cases the same christian names :— Abbotts. Aitkens. Allens. Andersons. Armstrongs. Bakers. Balfours. Barnetts. Bells. Bennetts. Bensons. Bradleys. Brights. Brookes. Browns. Burgesses. Butlers. Campbells. Churchills. Clarkes, Cliffords. Coleridges. Collins. Coopers. Crocketts. Daltons. Darwins. DOWN EERO RENIN TED EDR EOE WOO w& DR CORE OIRO OwWo rw Ot Rw 5 Cunninghams. 4 Jones. 4 Davidsons, Dawsons. Deanes. Dixons, Earles. Edwardses, Evans. Fletchers, Forbes. Fosters. Fowlers. Frasers. Garnetts. Geikies. Gibsons, Graves. Grays. Greens. Hamiltons. Harrisses. Hodgsons. (Another one on the way). 3 Hopes. Huttons. Jacksons, Kellys. 4 Kenyons.  yihaee ees THE 7 Lees. 5 Russells. 3 Lindsays. 3 Scotts. 3 Macleods. 3 Sharps. 3 Maitlands. 3 Sidgwicks. 5 Marshalls. 8 Smiths. 3 Martins. 3 Toynbees. 3 Meakins. 3 Vincents. 7 Moores. 3 Walkers. 4 Morgans. 6 Wards. 7 Murrays. 3 Warrens. 2 Normans. 9 Watsons. 2 Omonds. 6 Whites. 3 Pollards. 6 Williams. 3 Pryces. 5 Williamsons. 4 Reids. 5 Wilsons. 5 Roberts. 6 Woods. 4 Robertsons. 7 Wrights. 5 Robinsons. 3 Youngs. 4 Rodgers. 3 Zangwills. 3 Roses. Upon the need and utility of the totem, I will dwell but little longer. Nothing that I can say will appeal so strongly to the reader as the fact that there are seven Allens, eight Bells, eight Browns, seven Clarkes, nine Hamiltons, sevens Lees, seven Moores, seven Murrays, eight Smiths, nine Watsons, cand seven Wrights, down in my lists, and how many more there are, goodness alone knows. Is it to be wondered at that our friend the “man in the street” falls to wondering ‘‘ who is who an’ which is which?” Yet any author in the above list can render his, or her, name distinguishable from identical cognomens, merely by selecting and registering a totem. More, a commonplace name such as Smith (a thousand apologies!) can be rendered actually distinctive and memorable by association with a judiciously chosen totem. Regarding the different types of subjects suitable for the totemist, it must be borne in mind that ‘totems will have to be printed in black and white, with, of course, the varying shades of grey that -come between. And because of this, such natural objects as flowers, however correctly drawn, will be dificult to recognise without a certain botanical knowledge. Therefore, if flowers are used, it seems to me that their names will have to be printed in conjunction with them (except, of course, in such usage as I have proposed for Mrs. Marriott Watson). And because of this, I am not at all sure whether, in the main, flowers will prove the best of distin- guishing marks, A very little time, however, will serve to show us whether this is so. The same remark applies to any object which depends for its distinctive note on its colouring. In concluding, let me put in a plea for serious- ness. I am very well aware that this idea of mine —*“ Totems for Authors ’’—has its funny side ; but I do hope that this will not be unduly developed ; for to do so may be to kill the idea before it has had a fair chance to prove its utility. A certain amount of genial laughter I have been and am AUTHOR. 217 prepared for; but let it be very genial, and not too much of it—unless the laughter maker has some- thing better to propose in place of that at which he jests ; then, by all means, smash it, and let us have the “better thing.” And after all, if the idea is good, I do really doubt whether the sun of laughter will not nurture, rather than shrivel it. Who for- gets the Punch skits at Bradshaw and Bedlam ; but Bradshaw is to-day a very popular sixpenny worth. A final word. This little paper is intended to be chiefly a paper of suggestions. If I have seemed to dogmatise, forgive me. Put it down to my youth. . . . I dare not say innocence. Many things which I have put forth may prove to be lacking the impress of wisdom; but, if the totem comes to be generally adopted by authors, time will show where I have shot astray. Yet, let me hope that my aim has not been always indifferent. With the editor’s permission, I hope next month to give full details of the steps to be taken to register a totem. Witiiam Hore Hopeson. oo —__— THE ENGLISH MUSICAL CYCLOPADIA, YOL. II.* N having the important musical venture of the I late Sir George Grove brought up to date as far as possible, the publishers, Messrs. Mac- millan & Co., are to be congratulated on their enterprise. This voluame—F to L—is of particular interest. In the space at our disposal, it is impos- sible to review the work as it deserves. We will, therefore, confine our remarks to merely a few points which suggest themselves. First, as was to be expected, a memoir of the projector of the dictionary which bears his name, here finds a place. No scribe could have been chosen better qualified to condense into eight columns a perspicacious survey of such a busy life than Mr. Charles L. Graves, assistant editor of the Spectator, and author of the “ Life and Letters of Sir George Grove,” published by Messrs. Macmillan in 1903. Of considerable value, especially to authors of books about music, is the entirely new section devoted to “ Libraries.” The importance of this subject was overlooked both in the body and appendix of the first edition. Much praise is due to Mr. W. Barclay Squire, F.S.A., of the British * «“ Grove’s Dictionary of Music and Musicians,” edited by Fuller Maitland, vol. ii., F. to L. Macmillan & Co. 21s. net.  218 Museum Library, for the thoroughness with which he has marshalled facts concerning the musical libraries of Austria, Belgium, Denmark, France, Germany, Great Britain and Treland, Holland, Italy, Luxemburg, Russia, Spain, Sweden, and Switzerland. Such a mine of information invests this volume with special importance. Not only have the Public Libraries been noted, but Mr. Barclay Squire mentions several private collec- tions. Strangely, he omits one of the best of these, that of Dr. W. H. Cummings, F.S.A. Another specialist, Mr. Krehbiel, the well-known musical critic of New York, deals also with much ability with the musical libraries of the United States of America. The section devoted to “ Libretto,” by the late Francis Hueffer, the editor’s predecessor on the staff of the Z'imes, is reinserted with but slight curtailment and the addition of a short paragraph. As there was no article in Vol. I. about the Bibliography of Music, it was reasonable to expect, in such a work of reference as this, to find under the letter L some allusion to the “literature” of music, especially as, in the German “ Musikalisches- Lexicon” by Mendel; nearly fifty pages are accorded to such matter. At least there might have been cross references, given under that heading, to guide the littérateur to those articles dealing specially with various departments of musical learning classifiable under ‘ Literature.” For instance, many books on Musical Criticism have been published, especially in Germany, and a précis of such literature by the musical critic of the Times would have been welcome. But, in Vol. I. of the revised edition of Grove, there is no article on Criticism from the musical standpoint. Nevertheless, an essay on the history of this important branch of literature from ancient times up to the present century in various countries, would be full of interest to all writers on music. Perhaps the intention is to make some comment on this subject under Reviewing, or Reporting. The admirable articles by the editor, Mr. J. A. Fuller Maitland, published in the first edition, on Kullak, Leschetitzky, Lesson, and Lusingando, reappear in this volume. These are supplemented by essays on Faccio, Faisst, Fancies, Filippi, Fillunger, Filtz, Fink, Flemming, Flud, Francesca de Rimini, Franchetti, Frank, Ganz, German, Gibbons, Giordani, Giovannini, Glaeser, Glasenapp, Glissando, Glockenspiel, Godfrey, Goetz, Goldmark, Gompertz, Gostling, Graedener, Greek plays, Greene, Gregoir, Grell, Grieg, Grua, Grund, Gruppo, Guild- hall school, Gutmann, Gwendoline, Gye, Gymnastics, Hadow, Haessler, Hallé, Harmonic Minor, Hart- mann, Hawdon, Heckmann, Hebenstreit, Heine- fetter, Heinichen, Heinze, Henschel, Hervey, “ Herz, Mein Herz,” Hinton, Hintze, and Hipkins. THE AUTHOR. The latter article is a panegyric on the late historian of the pianoforte, A. J. Hipkins, and gives evidence that the amiability which character- ised the writings of Sir George Grove, distinguishes equally the pen of his successor. But there are many other articles in this volume from the industrious editor, demonstrating his laudable desire to remedy the numerous omissions which occurred in the first edition of Grove, making it, to quote Mr. James E. Matthew, “ almost as remarkable for its deficiencies as it was for its many and undoubted merits.” A. R. —_———__ ++ —___—__ IMITATION AND COINCIDENCE IN LITERATURE.* ——< + — TNHIS is a work by a poet on a subject of wide, poetic interest, and essentially a book for authors. We fear that comparatively few Englishmen read Dutch, though such an acquain- tance with the language as suffices for reading it. with advantage and appreciation is easily within the reach of every one previously acquainted with English and German. This neglect of Dutch is probably to be attributed in part to a notion that. the language has no merits. But that impression is entirely mistaken. In more than one particular Dutch compares favourably with both English and German. It has never been so overloaded with loan-words as English, and consequently presents. a much purer medium of essentially Teutonic thought ; and it lends itself more readily to the melodies of verse and rhyme: It is by far more flexible than German, and long since attained what German (saving in the hands of Paul Heyse) has still to acquire, a polished prose style. That the literature is rich every one knows; and Tollens may be opened at random for evidence that it merits attention. To the few Englishmen who do read Dutch we can heartily recommend Mr. Koster’s little tractate.. In treating of “Imitation and Coincidence in Literature’? he has an interesting subject, on which he makes remarks deserving of attention. As an example we may quote, “ Unconscious imi- tation is an evidence of greater weakness and want. of individuality than conscious imitation.” The earlier part of the treatise furnishes examples of imitation of all kinds drawn from a wide range, and is particularly interesting. Mr. Koster is no doubt expressing an indisputable fact when he says * Edward B. Koster: “Over Navolging en Overeen- komst in de Literatuur.? Wageningen : Johan Pieterse.. 1904. 8vo.  Fc: Oe Rs Se eae ¥ & that it is, in some cases, impossible to draw the line between imitation and coincidence. But it is not always impossible to draw this line; nor is it always impossible to distinguish intentional from unintentional imitation—though that is a more difficult problem. Wecould wish that Mr. Koster had not decided to leave these distinctions to be in all cases made by the reader. Though only finely distinguishable in appearance, the effects resulting from imitation and “going to school” to writers of unquestionable eminence really differ foto cielo, and we should have much liked to hear what Mr. Koster had to say respecting the difference between legitimate apprenticeship and mere aping; re- specting the distinction between the peculiar charm of classical allusion and mere pilfering ; and to know how far he thinks that a literature in its childhood actually profits by a measure of the latter that would afterwards be justly con- demned. Mr. Koster is promising us a volume of « Comparisons, Impressions, and Views on Literary and Critical Questions,” and we shall hope that some of these subjects will form a part of its contents. In the latter part of the work the author quotes largely, and with approval, from Mr. George Lewis’s “Principles of Success in Literature.” We acknowledge with pleasure the compliment thus paid by a continental poet to English criticism. But we dare to think that Mr. Koster’s kind en- thusiasm for a work that has pleased him has led him to overrate the value of Mr. George Lewis's lucubrations—popular and pleasing always, but by no means profound. Mr. Koster is himself a keen judge of a good verse, and we can agree with him unreservedly in admiring “Tk heb een tempel in mijn haart gewijd.” St AXEL HERMAN HAIG, HIS LIFE AND WORKS.* —— + WPNHE author tells us little beyond the main features of Axel Herman Haig’s life, but has devoted the larger part of the book to his sworks as an etcher, a draughtsman, and an artist. From some points of view this is satisfactory, as ‘the artist must be known by his works, and his ‘fame must depend upon them. Haig was born in the Swedish island of Gotland, and in his early * © Axe] Herman Haig and his Work,” by E, A. Arm- ‘strong. 104 by 8. 176 pp. £1 1s, net. Also a large paper edition, 12 by 10, containing an original etching, £3 3s. net. Both editions limited. The Fine Art Society. THE AUTHOR. 219 days was intended for a ship’s architect. In order that he might deal with his profession from a wider point of view, he came over to Great Britain and lived in Glasgow for three years. He then drifted by one of those curious turns in human life from ship’s architect to a house architect, and by degrees, from his intense love and application grew forth not the mere architect, but the archi- tectural artist. The result of his careful training as an architect is amply shown in his pencil draw- ings and his famous etchings, so well reproduced in the book. He has never, in any of his work, shirked the many difficulties of architectural design with a view to obtaining a mere artistic effect, but it must not be supposed therefore that the true touch of the artist is lacking in his original etchings. His effects of light and shade, his point of view, his grouping of figures and buildings, all show that the true feeling of the artist is his. In his special branch no artist can equal him. His work is quite unique. We thank the author and the publishers for producing such a beautiful record. st A RETIREMENT AND A WELCOME. 1 N event was commemorated in the annals of the Authors’ Club on Monday evening, the 5th ult., when fourteen members sat down to dinner, at 3, Whitehall Court, which should not be overlooked in these columns. It was the official induction and abdication of the incoming and outgoing secretaries of the club. Mr. E. H. Lacon Watson presided, and Mr. H. R. Tedder occupied the vice-chair. Delicately and delightfully did the chairman, in preposing the double toast of the evening, first refer to his friendship and regard for Mr. Thring, who, although relieved from his official duties, was not released from the ties of club membership. Owing to the steady increase of his work as secretary and solicitor to the Incorporated Society of Authors, Mr. G. H. Thring, after fourteen years’ zealous service, had found it expedient to resign his secretaryship to the Authors’ Club. Speaking for himself, the chairman said that the club parted with their old secretary regretfully. But they were happy in having secured, as Mr. Thring’s successor, the senior hon. secretary of the New Vagabonds’ Club, and he had pleasure in welcoming Mr. G. B. Burgin, whose ability and amiability augured well for their future. Mr. Thring and Mr. Burgin having responded gracefully, some anecdotes followed until Mr. Tedder proposed the health of the chairman and. the proceedings terminated. A. R. 220 “THE AUTHOR’S PROGRESS.” * se R. LORIMER has a fluent humour which I carries the reader easily along and keeps him in an amiable mood. The amiability induced in the present reviewer deters him from taking advantage of the many opportunities afforded him to demonstrate that “The Author’s Progress ” is, in reality, a quite inconsiderable performance. Tt would be churlish to pour cold water upon such genial warmth as Mr. Lorimer’s, and it is un- necessary labour to churn wind. “Tt is a positive sin,” he says in one of his infrequent lapses from badinage, “to set deliber- ately about the composition of sentences that seem to contain thoughts but do not, or only hold old thoughts newly arranged or stated over again.” The statement is not an axiom, but if it were it would be only the more incumbent upon us to apply it as a test to the work in which it is found. «The Author’s Progress” must be condemned on all counts of the indictment so framed; it has many sentences that seem to contain thoughts but do not, and more that only hold old thoughts stated over again. In point of fact there is remarkably little substance, new or old, in the book, and we are rather at a loss for its justification. It is charitable to suppose that the author is not very well informed with the existing literature of his subject, and does not know how exhaustively it has been treated before. The supposition, if charit- able, is but indifferently complimentary ; but it is better to be ignorant than positively sinful, and if he is not the one, Mr. Lorimer, on his own state- ment, is the other. Since, however, we cannot find anything new in the book to commend to general consideration we will summarise our judgment of the work as a whole, and say that as a guide book for the young author it is negligible, but that as an essay on a variety of matters interesting to authors it is lightly amusing and worth reading. Mr. Lorimer is an agreeable rattle, an excellent companion, but a poor courier. The wise man will extract as much enjoyment as possible from the company in in which he finds himself, and not gird at it for being less instructive than itself supposes. It is immensely pleasant to be assured by Mr. Lorimer that 7e Author “ from time to time does a deal of good for authors,” and has justified its existence ; his tribute to their official organ will, we are sure, influence the council of the Society of Authors, and enable them to smile at the boyish gaiety with which he hits them with a bladder in what he hopes is an interesting digression. What is, in our opinion, radically wrong with William * “The Author's Progress,” by Adam Lorimer. Blackwood & Sons, 1906. 5s. n. THE AUTHOR. the book is that neither in the numerous digressions, nor in the few straightforward passages is there any indication that Mr. Lorimer has the faintest conception of the pleasures or of the high function of literature. It is because these exist, that ‘ ‘The: Author’s Progress ’’ is a useless trifle. V. E. M. +> CORRESPONDENCE. eee Tur Cost or PRopUCTION. Srr,—In the January, 1906, numberof the Author, p- 115, the following words occur in an editorial on the half-profit agreement : “ For the author is absolutely ignorant of the cost of production,” etc. I always thought one of the objects of our society was to instruct ignorant authors as to this.. Now, though ‘‘ The Cost of Production” has figured for a long time on the title page of the Author as one of the publications of the society, it is and has been for the last year or two accompanied by the remark “out of print.” Cannot this be remedied ” I am, yours, etc., E. G.- 1 A. TROLLOPE. Sir,—In your last issue I read with much interest Mr. James F. Muirhead’s letter, concerning a passage in my paper on Anthony Trollope which appeared recently in The Author. The passage is. to the effect that Trollope “is not disappearing, he has disappeared,” and that it is impossible to obtain a set of his best books. Mr. Muirhead accuses me of being “ belated, or, at any rate, insular,” because, apparently, I did not know that Messrs. Dodd, Mead & Co. are publishing an excellent edition of Trollope’s novels, and that Trollope’s name “ turns. up” at social gatherings with almost as much frequency as those of present-day favourites like Mrs. Wharton or Miss May Sinclair. I am “belated” then, because I do not study the announcements of future publications by American firms ! and I am insular, because I am ignorant of the fact that the name of a great master of English fiction “turns up” with almost as much frequency as the names of two charming trans- atlantic authoresses ! When I said it was impossible to obtain a set of Trollope’s best books, I was speaking by the card. My booksellers informed me that several works were out of print, and could only be got second- hand. Iam glad to note that this reproach will soon be removed, for Mr. John Lane is issuing a pocket edition of the novels under the very com- petent editorship of Mr. Algar Thorold. Yours obediently, Lewis MELVILLE. Barnes, March, 1906. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Author, Vol. 16 Issue 07 (April 1906) Subject The topic of the resource <em>The Author</em>, Vol. 16 Issue 07 (April 1906) Type The nature or genre of the resource Publication Identifier An unambiguous reference to the resource within a given context 1906-04-01-The-Author-16-7 publications The Author