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Title
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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=&advanced%5B0%5D%5Bjoiner%5D=and&advanced%5B0%5D%5Belement_id%5D=51&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Index&collection=&type=&tags=&exhibit=&date_search_term=&submit_search=Search+For+Items&sort_field=Dublin+Core%2CTitle">indices</a> (not available for all volumes). Full text search for all issues, and other additional search functionality, will be added in 2022.
Date
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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)
1914-02-02
Volume
24
Issue
5
Pages
Page range in volume
123–152
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19140202
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The Futhor.
(The Organ of the Incorporated Society of Authors. Monthly.)
FOUNDED BY SIR
WALTER BESANT.
Vou. XXTV.—No. 5.
FEBRUARY 2, 1914.
[Prick SIXPENCE.
TELEPHONE NUMBER:
374 VICTORIA.
TELEGRAPHIC ADDRESS:
AUTORIDAD, LONDON.
——___+——_+____-
NOTICES.
++
a the opinions expressed in papers that
are signed or initialled the authors alone
are responsible. None of the papers or
paragraphs must be taken as expressing the
opinion of the Committee unless such is
especially stated to be the case.
Tue Editor begs to inform members of the
Authors’ Society and other readers of The
Author that the cases which are 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.
_ ARTICLES AND CONTRIBUTIONS.
Tue Editor of The Author begs to remind
members of the Society that, although the
paper is sent to them free of cost, its production
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, 1, Cen-
tral Buildings, Tothill Street, Westminster,
S.W., and should reach the Editor not later
than the 21st of each month.
Communications and letters are invited by
the Editor on all literary matters treated from
‘Vou. XXIV.
the standpoint of art or business, but on no
other subjects whatever. Every effort will be
made to return articles which cannot be
accepted.
ADVERTISEMENTS.
Messrs. Matthews’ Advertising Service,
Staple Inn Buildings, High Holborn, W.C.,
will act as agents for advertisements for
“The Author.” All communications respect-
ing advertisements should be addressed to
them.
As there seems to be an impression among
readers of The Author that the Committee are
personally responsible for the bona fides of the
advertisers, the Committee desire it to be stated
that this is not, and could not possibly be, the
case. Although care is exercised that no
undesirable advertisements be inserted, they
do not accept, and never have accepted, any
liability.
Members should apply to the Secretary for
advice if special information is desired.
Bee ee
THE SOCIETY’S FUNDS.
—_—
ROM time to time members of the Society
desire to make donations to its funds in
recognition of work that has been done
for them. The Committee, acting on the
suggestion of one of these members, have
decided to place this permanent paragraph in
The Author in order that members may be
cognisant of those funds to which these con-
tributions may be paid.
The funds suitable for this purpose are:
(1) The Capital Fund. This fund is kept in
reserve in case it is necessary for the Society to
incur heavy expenditure, either in fighting a
question of principle, or in assisting to obtain
copyright reform, or in dealing with any other
2
124
matter closely connected with the work of the
Society. : :
(2) The Pension Fund. This fund is slowly
increasing, and it is hoped will, in time, cover
the needs of all the members of the Society.
——__+—__+#—___—_
THE PENSION_ FUND.
—_+——
N January, 1918, the secretary of the Society
I laid before the trustees of the Pension
Fund the accounts for the year 1912, as
settled by the accountants. After giving the
matter full consideration, the trustees in-
structed the secretary to invest a sum of £300
in the purchase of Buenos Ayres Great
Southern Railway 4% Extension Shares, 1914,
£10 fully paid. The number of shares pur-
chased at the current price was twenty-five
and the amount invested £296 1s. 1ld. The
trustees are also purchasing three more Central
Argentine Railway New Shares at par, on
which as holders of the Ordinary Stock they
have an option.
The trustees desire to thank the members
of the Society for the continued support which
they have given to the Pension Fund.
The nominal value of the investments held
on behalf of the Pension Fund now amounts
to £4,764 6s., details of which are fully set out
in the following schedule :—
Nominal Value.
Local Loans
Victoria Government 8% Consoli-
dated Inscribed Stock ........
London and North-Western 3%
Debenture Stock ............
Egyptian Government Irrigation
Trust 4% Certificates ........
Cape of Good Hope 84% Inscribed
‘ Stock
Glasgow and South-Western Rail-
way 4% Preference Stock ...
New Zealand 34% Stock .......
Trish Land 22% Guaranteed Stock
Corporation of London 21%
Stock, 1927-57 ... 6s ee:
Jamaica 384% Stock, 1919—49 .,
Mauritius 4% 1937 Stock .......
Dominion of Canada, C.P.R. 34%
Land Grant Stock, 1938 ......
Antofagasta and Bolivian Railway
5% Preferred Stock ..........
Central Argentine Railway Or-
dinary Stock 2. 2.5.6...4..0. 232
250
200
200
228
247
258
438
1382
120
bot bet
So o oo bo 0 bo oof >) (<>)
198
237
> o oo =O > oao o o o
THE AUTHOR.
Nominal Value.
£ 8. a,
$2,000 Consolidated Gas and
Electric Company of Baltimore
44% Gold Bonds
250 Edward Lloyd, Ltd., £1 5%
Preference Shares
55 Buenos Ayres Great Southern
Railway 4% Extension Shares,
1914 (fully paid) ....... ates
8 Central Argentine Railway £10
Preference Shares, New Issue..
400
250
PENSION FUND.
—_—+-—>—+
THE list printed below includes all fresh dona-
tions and subscriptions (i.e, donations and
subscriptions not hitherto acknowledged)
received by, or promised to, the fund from
October, 1913.
It does not include either donations given
prior to October, nor does it include sub-
scriptions paid in compliance with promises
made before it.
Subscriptions.
1913.
Oct. 8, Rees, Miss Rosemary
Oct. 8, Pearce, J. ‘: : ;
Oct. 9, Drummond, Miss Florence
Oct. 9, Rumbold, Hugo
Oct. 18, Knowles, Miss
Oct. 20, Collison, Harry
Oct. 21, Buchanan, Miss Meriel
Oct. 25, Baker, E. A. .
Nov. 6, Bentley, E. C. ‘
Nov. 6, Petersen, Miss Margaret
Nov. 7, Lang, Mrs. John
Nov. 19, Langferte, Raymond
Nov. 24, Webb, W. Trego
Nov. 24, Mackenzie, Compton
Dec. 4, Vansittart, Robert
Dec. 4, Lunn, Arnold . :
Dec. 4, Stewart, Miss Marie .
Dec. 4, Berry, Miss Ana
Dec. 4, Vallois, Miss Grace
Dec. 17, Beresford, J. D.
Dec. 29, Inge, Charles .
Dec. 29, Cross, Miss May .
Dec. 29, Hardy, Thomas, O.M.
1914.
Jan. 7, Ford, Miss May
Jan. 7, Sephton, J.
Jan. 16, Singer, I.
_
mt _
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ee ae:
THE AUTHOR. 125
Jan. 16, Cooke, Arthur O.
Jan. 23, Exley, Miss M.
1913. Donations.
Oct. 7, Darwin, Sir Francis .
Oct. 9, Carroll, Sydney Wentworth
Oct. 21, Troubetzkoy, The Princess
Oct. 27. Frankish, Harold
Oct. 30, Rossman, Miss
Nov. 8, Holland, Theodore
Nov. 3, Steane, Bruce ‘
Nov. 3, Batty, Mrs. Braithwaite .
Nov. 10, Elrington, Miss Helen
Nov. 10, Waterbury, Mrs. . :
Dec. 5, Dymock, R. G. Vaughton .
Dec. 6, Macdonald, Miss Julia
Dee. 11, Little, Mrs. Archibald
Dec. 11, Topham, Miss Ann .
Dec. 20, Edwards, Percy J.
Dec. 21, Keating, J. Lloyd
Dec. 21, Church, Sir Arthur .
1914,
Jan. 5, Anon :
Jan. 5, Joseph, L. S
Jan. 5, Swan, Miss Myra
Jan. 5, Vernede, R. E.
Jan. 6, De Crespigny, Mrs. Champion
Jan. 6, Rankin, Miss F. M. .
Jan. 7, Sneyd- Kynnesley, E. M.
Jan. 7, Lathbury, Miss Eva .
Jan. 7, Toplis, Miss Grace .
Jan. 8, Palmer, G. Molyneaux
Jan. 9, Mackenzie, Miss J.
Jan. 10, Daniell, Mrs. E. H. .
Jan. 12, Avery, Harold
Jan. 12, Douglas, Mrs. F. A.
Jan. 15, Pullemn, Miss Catherine
Jan. 15, Thomas, Mrs. Fanny
Jan. 16, James, Mrs. Romane
Jan. 19, P. H. and M. K.
Jan. 19, Greenstreet, W. J. .
Jan. 19, Gibbs, F. Leonard A.
Jan. 23, Campbell, Mrs. L. A. R. .
Jan, 23, Cameron, Mrs. Charlotte,
PRES . :
Jan. 23, Blunt, Reginald.
Jan, 24, Raphael, Mrs. Mary.
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_
Or
COMMITTEE NOTES.
a
ee first meeting of the Committee of
Management for 1914 was held at the
offices of the Society, 1, Central
Buildings, Tothill Street, Westminster, on
Monday, January 12, at 8 o’clock. Owing -
to the great pressure of business the committee
have found it necessary to call the meetings at
3 instead of 4, as hitherto.
After reading the minutes the committee
proceeded with the election of members. The
full list is set out on another page. The
committee are pleased to state that the year
has started very favourably, with an election
of forty-four members and associates, the
resignations only amounting to twenty-seven.
At the beginning of the year resignations are
always considerable—this happens inevitably
in all similar bodies. The number, this year,
is less than that for the corresponding period
of 1913. This is very satisfactory in view of
the much increased membership.
The solicitor then reported on the cases
during the month.
In the first case, against a well-known
Magazine, judgment was obtained, but it was
not till execution had been levied that the
sum was recovered. In the second case,
judgment was recovered but execution failed
to produce payment, and the solicitor is afraid
that the judgment will prove abortive. ‘This
is the more to be regretted because, before the
proceedings were taken, an offer of settlement
was made which, contrary to the solicitor’s
advice, the member refused. In a claim
against a paper for articles supplied, the
money has been paid, and in two small cases
against another paper the solicitors have been
forced to take proceedings, as no notice has
been taken of their preliminary letters. The
Elysian Press, which owned the Onlooker and
Throne, has gone into liquidation. There
were two claims against this limited company
which will not now, it is feared, be satisfied.
Another paper has gone into liquidation,
against which there is, at present, one claim
outstanding. Ina claim by a member against
a publishing firm the claim has been settled
by payment of the royalties due. Another
claim against an agent for exceeding his
instructions is being considered, and if no
satisfactory explanation is forthcoming will be
taken up on behalf of the member. The
solicitor reported a case against a pub-
lisher, who, after repudiating the construction
of his agreement, put forward, when an arbi-
tration was suggested, accepted the Society’s
view, and sent a cheque for the sum in
dispute. A small dispute between one of the
members and a firm which had been in
liquidation has now been settled,’ and the
member has accepted the legal view of the
contract as set out by the solicitors.
An important case respecting property in a
126
title was laid before the committee and very
fully discussed. The matter appeared to the
committee to be of such importance that they
instructed the secretary to write a letter to the
member concerned with a view of the Society
taking immediate action in the matter. Ina
question of alleged copyright infringement,
which turned upon complicated questions of
facts, the solicitors were instructed to write
to the infringers for a statement of the
circumstances in which they became possessed
of the rights they claimed to hold. :
In a case of infringement of a dramatist’s
copyright, considered by the committee, the
solicitors were instructed to take action on
the member’s behalf. :
The secretary then reported certain cases
which had come into his hands. A case of
infringement of dramatic rights in America
was considered. The committee decided to
send the papers to the Society’s American
lawyer, and if assured that the author’s title
was good, and that he had complied with the
technicalities of the American law, instructed
the lawyer to proceed in the matter. Ina
case of dispute between author and publisher
on the contract for publication, the com-
mittee regretted they were unable to assist the
author as he had not completed his part
of the contract. The secretary was in-
structed to write a letter to the member
advising him to complete the contract as
soon as possible, in which case the com-
mittee would be willing to reconsider the
_ matter.
A request from a member that an accoun-
tant should be placed in to inspect a publisher’s
books the committee were obliged to decline,
in the absence of any evidence of inaccuracy
on the face of the statement of sales delivered.
In a dispute between a member of the Society
and an agent, the secretary was instructed to
write to the agent that the committee were
unable to accept his view of the position.
Questions put forward by the Dramatic
Sub-Committee were then considered by the
committee. The committee adjourned the
consideration of a request for a list of drama-
tists from the Society’s New York agent,
pending information respecting the purpose
for which the list was required.
The committee sanctioned an arrangement
by which powers of attorney should be
despatched to the Society’s lawyers in all
parts of the world, with a view to facilitate
their action in the event of copyright infringe-
ments coming to their notice. The secretary
was instructed to put matters in train, such
THE AUTHOR.
action having been approved by the Dramatic
Sub-Committee.
The question of the insertion in The Author
of an article dealing with certain agreements
was referred to the next meeting for considera-
tion, in order that the Committee of Manage-
ment might see the form of the article.
Matters referred to the Committee of
Management by the Composers’ Sub-Committee
were then considered. The committee passed
an article for insertion in The Author, and
agreed to issue a pamphlet for the information
of those composers who were members or
desirous of joining. A proposal to alter the
name of the Society was passed, subject to a
discussion at the next meeting of the com-
mittee as to a suitable title.
A sub-committee was then appointed to
settle the Annual Report, and it was agreed
that the report, when finally settled, should be
placed before the next meeting of the full
committee. The appointment of an arbitrator
made at the last meeting was confirmed in a
case of dispute between. two members of the
Society.
The date of the General Meeting was left
to be settled by the chairman of the Committee
of Management. It was agreed that it should
be held some time in April.
The report of the meeting of the delegates
of the Society with the Society of British
Composers was then read, and the committee
decided to follow out the suggestions of the
Composers’ Sub-Committee thereon.
Counsel’s opinion, which had been taken
since the last meeting, in regard to the right
of income tax collectors to demand from
publishers information respecting the royalties
paid to authors, was read, and it was decided
to write to the publisher who had brought
the matter to the committee’s notice, and also
to write to the Publishers’ Association.
The consideration of the draft guarantee
form was adjourned to the next meeting, when
the form will be finally settled.
The secretary drew the attention of the
committee to the fact that important questions
often arose which affected writers of fiction
only, and it was essential in these matters
that the novelists should be consulted, just
as the dramatists are consulted on matters
specially affecting their interests. It was
decided to keep a ecard index of the novelist
members of the Society.
A question of United States Copyright Law,
laid before the committee by a correspondent
in the United States, was considered, and the
secretary was instructed to enquire of the
| a
ae
THE AUTHOR.
Society’s United States lawyer, as well as of
the correspondent referred to, their views as
to the best course to be pursued in the matter.
An important case in regard to copyright in
Canada was also laid before the committee.
The committee decided that a notice should be
printed in The Author, and instructed the
secretary to take what steps were possible to
draw the attention of the Government to the
present difficult position.
A proposal made by a member that a list
of authors should be periodically printed in
the Society’s magazine, giving particulars of
the subjects on which they would write as
experts, was negatived by the committee.
After some discussion, the committee decided
it was impossible to arrange for loans to authors
on their contracts, not only because it was
outside the work of the Society, but also
because of the many difficulties that surrounded
the proposal.
The question of sending representatives to
the International Congress in San Francisco
in 1915 was considered, and the secretary was
instructed to express the committee’s thanks
for the invitation extended to them, and to add
that arrangements would be made to send
delegates, whose names would be communi-
127
the clauses had been finally settled ; that the
remainder of the Treaty would be discussed
at a subsequent meeting. He was pleased to add
that many of the remaining clauses had been
approved, and that the matter was practically
finished. At the next meeting he hoped to
be able to report a final settlement.
The agreement for a run in a West End
theatre which had been settled by a duly
appointed sub-committee of the Dramatic
Sub-Committee was finally approved, subject
to two or three small alterations. The agree-
ment will, in the course of a few days, be ready
for any member of the Society desiring a copy.
An important question of infringement of
the property in a title by a cinema film was
then brought forward, and the secretary was
instructed to get the leave of the chairman of
the Committee of Management to take action,
as immediate action was necessary to carry
the matter forward. It was decided to refer
the whole question to the Committee of
Management with a view to taking action, if
necessary, to prevent similar infringements by
asking the Government to legislate on the
issues.
Another important case of copyright in-
fringement was laid before the sub-committee,
aks |
ys Letters from a member concerning Lending
cated later, when the date approached. and the secretary was instructed to write to the
member concerned thereon.
The secretary laid before the sub-committee
a letter received from the secretary of the
Société des Auteurs et Compositeurs Drama-
tiques on the question of film fees.
enue
43 OE
Libraries and the methods of the loaning of
books were very carefully considered, but the
suggestion appeared impracticable. The secre-
tary was instructed to write to the member to
thank him for his action in the matter.
reas |
an |
ef intl | A letter dealing with the Library Censorship
was adjourned to the next meeting.
The committee instructed the secretary to
convey their thanks to Mr. James T. Tanner
for a donation of five guineas and to Mr.
H. C. Davidson for a donation of ten shillings
to the Capital Fund of the Society.
—_—
Dramatic SuB-COMMITTEE.
Tur Dramatic Sub-Committee of the Society
met at No. 1, Central Buildings, Tothill Street,
Westminster, S.W., on Friday, January 16,
at three o’clock.
After the minutes of the previous meeting
had been signed, the chairman, as one of the
delegates appointed to meet the delegates of
the Society of West End Managers, gave a
report of the meeting which had been held the
beet afternoon. He stated that the
anagerial Treaty had been taken clause by
clause and very fully discussed; that six of
—_——+
ComposERS’ SuB-COMMITTEE.
Tue first meeting of the Composers’ Sub-
Committee for 1914 was held on Saturday,
January 10, at the Society’s offices.
After the reading of the minutes of the
previous meeting, the question of the Board
of Trade Regulations for the stamping of
mechanical contrivances was again considered.
It appears that in some cases the stamps fall
off after being affixed, and that in other ways
the arrangement is a source of annoyance to
the manufacturers. The sub-committee con-
sidered whether it would not be possible to
make some suggestion to the Board of Trade
which, whilst adequately protecting the com-
posers, will, at the same time, in no way
hamper the reproducers. When full con-
sideration has been given the composers will,
if necessary, make a suggestion to the Board
of Trade.
128
The report of the meeting “of the delegates
of the Society with the delegates of the Society
of British Composers was read, and after some
discussion it was decided to take no action at
present, but the sub-committee decided to
press the Committee of Management again
on the question of the alteration of the title
of the Society. The secretary informed the
sub-committee that the matter would be laid
before the Committee of Management at their
meeting on the 12th.
The Royalty Agreement which had been
drafted for the publication of sheet music
was gone into clause by clause, considered
carefully, and finally passed.
The Agreement will be set up in type and
be at the office of the Society for those members
who desire a copy.
oo
Cases.
Durine the past month sixteen cases have
been in the hands of the secretary. At
present the number of those carried through
to a successful issue is very small. This, no
doubt, arises from the fact that during the
end of December, and the first two or three
weeks in January, there was a lull in business,
and little came to the Society’s office. Now
that the Christmas festivities are over, work
is again being taken in hand, so that half
at least of the cases submitted have only just
come to the Society’s office.
There were six cases for the return of MSS.;
one has been placed in the hands of the solici-
tors, and the other five are in the course of
negotiation.
A question of infringement of copyright
has been settled and the amount claimed
paid as damages.
One claim for money has also been settled,
the sum due having been forwarded to the
author.
Of three claims for accounts one has been
closed, the other two are still open.
Two claims for monies and accounts are
still unsettled, and one dispute with an agent
is still being negotiated, as also is one dispute
on the interpretation of an agreement.
No foreign cases have come in during the
past month. Of the cases which were still
left open at the end of the year three alone
remain unsatisfied, but they are all cases
outside Great Britain, and the delay has
occurred owing to the necessary time which
must elapse between writing a letter and
receiving a reply.
THE AUTHOR.
January Elections.
Aberdeen, The Rt. Hon.
PC,
The Earl of,
K.C.M.G., ete.
Aikin, W. A., M.D.
Allen, Charles Edward.
Anderson, Arthur
James.
Astle-Allam, Mrs. Agnes
Mary.
Bunting, Freeman
Byng, Miss N. W.
Campbell, H. R. .
Cannéll, H. Skipwith
Cohn, Miss Phoebe
Cooke, Arthur Owens .
Daviel, Leon
Elson, Robert .
Enthoven,
Gabrielle.
Esdaile, Ernest
Hanrahan, Mrs. Agnes
I
Haworth, George K.
Hixton, Madelline
Hope, G. L. N.
Hudson, H. Lindsay
_Jackson, Holbrook
°
Mrs.
Levick, Dr. G. Murray
Light, Miss Tipara
Lynch, J. G. Bohun
Vice-Regal Lodge,
Dublin.
66, Bedford Gardens,
Kensington, W.
4, Bis Passage, St.
Charles, Tunis,
North Africa.
North Gate Cottage,
Launceston.
127, Rotherhithe
New Road, Lon-
don, S.E.
New Westminster,
British Columbia.
Wydford, Ryde, Isle
of Wight.
Holmer Court,
Amersham.
c/o American Stu-
dents’ Club, 4,
Rue Joseph Bara,
Paris, France.
14, Sussex Place,
N.W.
388, Dublin
Edinburgh.
2, Albert Studios,
Albert Bridge
Road, S.W.
Whittington,
westry.
97,Cadogan Gardens,
Chelsea, S.W. :
7, Carlton Parade,
Herne Hill, S.E.
28, Highfield Road,
Rathgar, Dublin.
Irwell View, Rams-
bottom.
Hollinhurst, Edger-
ton, Huddersfield.
Park View House,
Dartmouth.
Avonlwyd, North
Road, Glossop.
Mill Hill, N.W.
19, Dewhurst Road,
Brook Green, W.
c/o Messrs. Hom-
burg and Melrose,
Grenfell Street, -
Adelaide, | South
Australia.
207, Lauderdale
Mansions, Maida
Vale, W.
Street,
Os-
Macdonald, Frederika,
D.Litt.
12, St. George’s
Square, Primrose
Hill, N.W.
No. 1719, Isamian
Bazars, Hydera-
bad (Deccan),
India.
Mangiah, Jayanti, B.A.,
LT,
Merrick, Mrs. Hope .
Millard, C. Killick ‘
Miller, Mrs. E. Olive
(‘‘ Olive Chancellor ’’)
Moor, Lady : ,
Town Hall, Leices-
ter.
The Old Vicarage,
Brixton, Ply-
mouth.
Greystone, Estcourt,
Natal.
Author’s Club, 2,
Whitehall Court,
S.W.
Schloss Felsegg
Wiltenberg, Inns-
bruck, Tirol,
Austria.
Miigge, Maximilian A. .
Oliver, John Rathbone.
Philmar, Arthur J. :
Pullein, Miss Catharine.
Redfern, Miss Joan Lyceum Club, 128,
Piccadilly, W.
60, The Groton
Building, Cincin-
nati, Ohio, U.S.A.
Grey Friars, Ascot.
Reed, Dr. Charles A. L.
M.A., M.D., F.C.S.
Sarawak, Her Highness
the Ranee of.
Saunders, John G. ‘¢ Eissendon,’’ Wood-
ville Road, New
Barnet, N.
8, Portland Man-
sions, Clapham,
S.W.
Standing, Percy Cross .
(i
BOOKS PUBLISHED BY MEMBERS.
a
While every effort is made by the compilers to keep
this list as accurate and exhaustive as possible, they have
some difficulty in attaining this object owing to the fact
that many of the books mentioned are not sent to the office
by the members. In consequence, it is necessary to rely
largely upon lists of books which appear in literary and
other papers. It is hoped, however, that members will
co-operate in the compiling of this list, and, by sending
particulars of their works, help to make it substantially
accurate,
ARCHASOLOGICAL.
Norzs on Taz CHurcHEes IN THE DEANERY OF Kann,
Dzvon. By Beatrix F.Cresswett. 9 x 6. 191 pp.
Exeter: J. E. Commin and Son.
ARCHITECTURE.
VALUATION AND Comprnsations. A Text Book on THE
Practice or VALUING PROPERTY AND ON COMPENSA-
THE AUTHOR.
129
TIONS IN RELATION THERETO, FOR THE USE OF ARCHI-
TECTS, SURVEYORS AND OTHERS. By PRoFEssoR
BanisTeR Fiercuer. A fourth Edition. Revised,
Rewritten and greatly enlarged by BanistER FLIGHT
Fietcuer and Hrrsert Pumiies FuutcuEr. 7} x 43.
446 pp. Batsford. 7s. 6d. n.
BIOGRAPHY.
Paun VERLAINE. By Witrrm TuHorRLeY.
(Modern
Biographies.) 62 x 43.
107 pp. Constable. 1s. n.
DRAMA.
Puaxpra. A Tragedy in Five Acts, from the French of
Racine. By S. Cuaupr Tickert. 8} x 52. 79 pp.
J. Richmond, 14, Conduit Street, W. 2s. n.
ECONOMICS.
Tue Earty WEIGHTS AND MEASURES OF MANKIND. By
GENERAL Srr CHARLES WARREN, G.C.M.G. 82 x 53.
135 pp. Palestine Exploration Fund. 7s. 6d.
La GRanpeE Ittuston Park NoRMAN ANGELL. Translated
by S. Ruesrrers. 64 x 4}. 498 pp. (Collection
Espafiola.) Nelson. 1s. n.
7% x 5. 316 pp.
Jacop BatTeman’s LappEerR. By Asnitry L. Barnzs-
Mattory’s Tryst. By Mrs. Pumie CuHamrion DB
Crespicny. 74 xX 5. 306 pp. Mills and Boon. 6s.
314 pp. Lane. 6s.
Love anpATittr. By HerpertFLrowerprew. 73 x 43.
Cauuista IN Revott. By Onivia Ramsny. 72 x 6.
321 pp. John Long. 6s.
7% x 5. 320 pp. Everett. 6s.
Lats in Lire. By Aticze Prrrin. 64 x 43. 254 pp.
Ex Misterio pr LA VitLa Rosa Por A. E. W. Mason.
Translated by F. Battv#. 308 pp. 64 x 4}. (Collec-
JemMMY ABERCRAW. By BERNARD CAPES.
Library.) Cheap Edition. Nelson. 7d. n.
7% x 6.
301 pp. Methuen. 6s.
Ont Kinp anp AnotHEeR. By Barry Parn. 73 x 5.
Gay Mornina. By J. E, Buckrose.
Mills and Boon. 6s.
73 x 5. 320 pp. Stanley Paul. 6s.
Tue Master or Merripir. By Epen Poiiwporrs. 72 x 5.
Dust rrom tox Loom. By Epwarp Nopin, 7} x 65.
Constable. 6s.
303 pp. Melrose. 6s.
Tue Decoy. By Tau Countrss or CRoMARTIn. 7} X 5}.
Terms or Surrenper. By Lovis Tracy. 7% x 43.
346 pp. Cassell. 6s.
320 pp. John Long. 6s.
Otp Motn’s Nover. Revised and Expurgated by
6d. n. i
Lawrence. Illustrated in Colours. §.P.C.K.
Somepopy’s Lucaace. By F. F. Ranpau. 72 x 5.
320 pp. Greening. 6s.
Tue Curtain. By Gertie DE S. WENTWoRTH JAMES.
(Re-issue.) Methuen. 7d. n.
tion Espafiola Nelson.) Nelson. Is. n.
(The Nelson
Tue Friyine Inn. By G. K. CHesterton.
308 pp. Martin Secker. 6s.
Tue Waters or Letun. By Dorotuea GERARD.
304 pp. Ward Lock. 6s.
Buryp Eyrs. By Marcarret Puterson. 7% x 5.
176 pp. Erskine Macdonald. 3s. 6d. n.
A Brspoxen Bripz. By Frep Wuisuaw. 72 x 5.
GILBERT Cannan. 6} x 4}. 63 pp. Martin Secker,
(Cheap Reprint.) 63 x 44. 247pp. Methuen. 7d. n.
130
HISTORY.
ANNALS AND Memorrs or THE Court or Pexine. From
the Sixteenth to the Twentieth Century. By E. Back-
Housr. J. O. P. Buanp. 10 x 6}. 531 pp. Heine-
mann. 16s. n.
POETRY.
Wittow’s Forar anp Orner Porms. By SHemma Kaye-
Suiru. 73 x 5}. 52 pp. Erskine Macdonald.
LITERARY.
S’Amusr. By W. Wurrem Bram Fisu.
Blackwell. 3s. 6d.
Sa Muss
OXFORD :
—_——_—_ + o—___—_-
LITERARY, DRAMATIC, AND MUSICAL
NOTES.
— + —
e HE SCHOOLMASTER,” by Mr. A. C.
Benson, C.V.O., President of Mag-
dalene College, Cambridge, is the
new volume in Murray’s Shilling Library. It
is described as a commentary upon the aims
and methods of the public-schoo] master, in
relation to the boys in his house, his pupils, and
his classes.
In ‘“‘ Ancient and Medieval Indian Archi-
tecture,” Mr. E. B. Havell completes the
previous survey of the subject, and traces the
history from the earliest times to the Moham-
madan conquest. The book is announced for
publication by Mr. John Murray.
The new publications of the same firm
include ‘‘ Buddhist China,” by Mr. R. F.
Johnston, of the Weihaiwei Government (15s.
net); ‘‘ Christina of Denmark, Duchess of
Milan and Lorraine,” by Julia Cartwright (Mrs.
Ady), (18s. net); ‘‘ The Mounted Police of
Natal,” by Mr. H. P. Holt, with an introduc-
tion by General Sir George Dartnell (10s. 6d.
net); ‘‘ Memories of a Musician,” by Wilhelm
Ganz (12s. net); and a second edition of ** Law
and Politics in the Middle Ages,’ by Edward
Jenks, M.A., B.C.L.
Mrs. Ellis H. Chadwick’s ‘‘ In the Footsteps
of the Brontes ”’ is published by Sir Isaac Pit-
man & Sons, at 16s. net.
The Canadian publishers of Mr. Arnold
Haultain’s “ Goldwin Smith: His Life and
Correspondence,”’ are McClelland and Good-
child, of Toronto.
A book of ‘‘ Reminiscences, Social and
Political,” by the Lady Southwark, has been
published by Williams & Norgate, at the
price of 12s. 6d. The book contains glimpses
of Queen Victoria, Prince Albert and the Royal
children, and other celebrities of the Victorian
THE AUTHOR.
era. The volume is illustrated by many por-
traits drawn by the pencil of the author.
Mr. Herman Scheffauer’s translation of
Heine’s “‘ Atta Troll,’’ with an introduction by
Dr. Oscar Levy and illustrations by Mr. Willy
Pogany, has been published by Sidgwick &
Jackson.
‘* Busy Days ”’ is the title of a collection of
extracts from the fourteen previous works of
Mrs. Alec Tweedie, whose ‘‘ America as I Saw
it’? is in its second edition.
The sub-title of E. Nesbit’s ‘‘ Wings and the
Child,’’ gives some idea of its scope—‘‘a Plea
for the Culture of Imagination” (Hodder &
Stoughton, 6s.).
Dr. Marie Stopes is bringing out in the first
week of February a volume of original verse
called ‘“‘ Man, other Poems, and a Preface.”
Messrs. Heinemann are publishers of this, as
well as of ‘‘ Plays of Old Japan: The No,” by
Dr. Marie Stopes and Professor Sukurai, to
which the Japanese Ambassador, Baron Kato,
contributed a congratulatory preface.
Mr. Walter M. Gallichan’s new book will be
published in the spring by Holden & Harding-
ham. It is an illustrated volume dealing with
the position of women under plural marriage in
the Eastern nations. The title is ‘““ Women
under Polygamy.”
‘* A Moralist’s Birthday Book ”’ is the title
of a little volume in which the quotations are
selected and edited by Mr. Mark Meredith.
‘** Behind the Veil,” by Mr. George R. Sims,
figures among the spring announcements of
Greening & Co.
Mr. Horace A. Vachell’s new novel is
‘** Quinneys.” This and Mr. Eden Phillpott’s
latest volume of Dartmoor stories, ‘‘ The
Judge’s Chair,’ are announced by Mr. John
Murray.
Other works of fiction from the same house
are ‘“‘ Cake,” by Mr. Bohun Lynch; “ The
Race of Castlebar,” by the Hon. Emily Lawless
and Mr. Shan F. Bullock; ‘‘ Through Other
Eyes,”’ by Miss Amy McLaren; ‘ The Vision
Splendid,” by Messrs. D. K. Broster and G. W.
Taylor; and ‘“‘ Loot,” a collection of Mr. H. A.
Vachell’s short stories.
Miss Jeanette Marks’s ‘‘ Leviathan,”’ a novel
dealing with the drug habit, is published by the -
George H. Doran Co., of New York.
Mrs. Alice Perrin’s story, ‘The Happy
Hunting Ground,” which has appeared serially
in the Daily Telegraph, is coming out in volume
form on the 19th inst. (Methuen).
Mr. Frank Savile’s ‘‘ The Red Wall’ (Nelson),
appeared in the Pall Mall Magazine under the
title of ‘‘ The Secret,” but a change was
?
THE AUTHOR.
necessary owing to the latter name having
already been used for a novel by another
author. Mr. Savile’s ‘‘ The Pursuit ”’ is coming
out in a cheap edition (Hutchinson & Co.).
In “ Square Pegs,”’ Mr. Charles Inge, author
of “ The Unknown Quantity,”’ raises again the
question what is failure and what is success,
as illustrated by the careers of a big man from
South Africa and a little solicitor, each of whom
both succeeds and fails.
Mr. Max Rittenberg has two novels for 1914,
“The Modern Chesterfield ” and “* Every Man
His Price.” The former is in the nature of a
Fleet Street satire, and is described in the sub-
title as ‘‘ being a series of letters from a self-
made baronet to his son, imparting counsel
and an occasional grilling, through the latter’s
career in philanthropy, halfpenny journalism,
politics, & marriage.” Hurst and Blackett
are to publish this during March. The second
novel projects into the future, and deals with a
young scientist’s career in the development of
wireless telephony. Methuen in London and
Dillingham in New York will publish this in
August next.
Among the novels appearing through John
Long, Ltd., are ‘‘ Faith and Unfaith,” by Mr.
James Blyth; ‘‘ Mary’s Marriage,” by Mr.
Edmund Bosanquet ; and ‘“‘A Bespoken Bride,”
by Mr. Fred Wishaw.
Miss Ivy Low’s “‘ The Questing Beast ’’—
the title of which recalls both the ‘‘ Morte
d’Arthur’”’ and the ‘‘ Faery Queen ’’—deals
largely with the life of girl-clerks, of which the
author has intimate knowledge.
Mr. Ralph Stock’s “‘ Marama ”’ is a novel of
the South Seas (Hutchinson). The dramatic
rights have been secured by the Leibler Co., of
New York, for production in March.
“‘ Drum’s House,” by Ida Wild (Mrs. Meynell
Pearson), was published by Constable & Co.
last year.
E. W. Savi’s “ Baba and the Black Sheep,”
an Anglo-Indian love story, is to be published
early in the spring by Hurst & Blackett.
The same author’s ‘“‘ The Daughter-in-law ”’ is
now in its third edition.
Stanley Paul & Co. are the publishers of
““The Twin Soul of O Take San,” by the
Baroness d’Anethan, sister of Sir Rider
Haggard; of ‘The Split Peas,” by Mr.
Headon Hill; and of ‘‘ Cupid’s Caterers,”’ by
Mr. Ward Muir. The two last-named are
included in Stanley Paul’s Empire Library.
In the same firm’s 2s. net series Miss Dorothea
Gerard’s ‘“‘ The Unworthy Pact ”’ is to appear.
' Stanley Paul & Co. are also producing * Jill
All Alone,” by Rita (Mrs. Desmond Hum-
131
phreys). A 7d. edition of this author’s novel,
‘** A Man of No Importance,” has been issued
by Hurst & Blackett.
The most recent of Mr. Ascott Hope’s books
for prizes, school libraries, ete., is ‘“‘ Half and
Half Tragedy ” (A. & C. Black, 5s.).
Mrs. Fred Reynolds’s new book, to be pub-
lished shortly by Mills & Boon, is entitled
**An Absent Hero.’ It owes its interest to
the rather unusual fact that the hero never
appears on the scene at all; his character and
personality being entirely worked out in the
conversation of those who are his friends or
otherwise.
Mrs. Charlotte Mansfield’s novel, ‘‘ Red
Pearls,”’ introduces the great strike of last year
in South Africa (Holden & Hardingham).
Mr. Dugald Ferguson’s ‘“‘ Mates” is pub-
lished by Hurst and Blackett.
“ At the Back of the World,” by George and
Jennie Pugh, is published by Lynwood & Co.
Miss Constancia Serjeant is the author of
‘“ A Christmas Rose: a Story of the Christ
Child.”
The late Mr. H. D. Lowry left an unfinished
Cornish story, ‘‘ Wheal Darkness.” This was
completed by his cousin, Mr. C. A. Dawson
Scott, and is now running serially in the Cornish
Post, Cornish Telegraph, and Redruth Efficient
Advertiser.
In the December number of Health and
Vitality, the organ of the International Health
League, appeared a complete Christmas story
by Miss Annabel Gray, entitled “A Bitter
Cup; or, Jack’s Yarn.”
An article on ‘‘ Differences in Animal and
Plant Life,” by Mr. F. Carrel, appeared in the
January number of Science Progress.
In the letter from Mr. James Marchant in
the January Author, concerning the late Dr.
Alfred Russel Wallace, the address—Loch-
nagar, Edenbridge—was omitted. As a result
Mr. Marchant fears that those who would have
responded to the letter did not know whither
to send their reminiscences.
In the same Correspondence column the
address of Mrs. E. M. Story, who wrote con-
cerning ‘‘ Browning Relics,” should have
appeared as Orchard House, Whitton Road,
Twickenham.
On the front page of the January Author the
advertisement of Mackirdy’s ‘Veekly stated
that the circulation of the paper was “10,000
weekly.” Mrs. Archibald Mackirdy (Olive
Christian Malvery) writes to say that this
should have been ‘‘ 100,000 weekly,” and that
the standing orders are now far over that
figure.
132
The fourth number of€Poeiry and Drama
(published at the Poetry Bookshop, 2s. 6d. net,
or 10s. 6d. per annum, post free) completes
the first volume of this quarterly. The editor
announces a new departure in the section of the
magazine devoted to criticism. ‘‘ We have
decided, with certain exceptions, to represent
the volumes which come before us in 1914
solely by quotation, without comment.”
Mr. S. B. Banerjea, author of ‘Tales of
Bengal,” etc., is publishing a volume of
“JIndian Tales” with the Oxford University
Press, Bombay, immediately. Though mainly
intended for young people, the book will
interest and entertain their parents also.
Mrs. Philip de Crespigny’s new novel,
“Mallory’s Tryst,”’ was publi hed last month
by Messrs. Mills & Boon. It is a modern-
day story. Mrs. de Crespigny has also a short
story coming out in the Storyteller.
DRAMATIC.
Mrs. Leonard Merrick’s new four-act play,
‘* Mary-Girl,”” was produced at the Vaudeville
Theatre on January 13.
After the 150th performance of Mr. Louis N.
Parker’s “‘ Joseph and His Brethren,’ ‘‘ The
Darling of the Gods’’ was revived by Sir
Herbert Tree at His Majesty’s Theatre on
January 17, under the supervision of Mr.
Yoshio Markino.
The Play Actors produced at the Court
Theatre on January 25, Mr. Israel Zangwill’s
“The Melting Pot,” which has been played
many thousand times in the United States,
but has only been seen in London in a Yiddish
version. The play is published in book form
by Heinemann, with an afterword by the
author, dealing with the problems involved in
the play.
Mr. Paul Rubens contributes the book and
the music to the new musical comedy, ‘“ After
the Girl,”’ at the Gaiety Theatre.
“The Ladies’ Comedy,” by Mr. Maurice
Hewlett, is to be seen at a matinee at the Little
Theatre on February 8.
A dramatic version of Mr. H. de Vere
Stacpoole’s romance, ‘‘ The Blue Lagoon,”’ is
among the ventures contemplated by Sir
Herbert Tree.
A dramatic version of Sir Rider Haggard’s
“ A Child of Storm ”’ will be seen at the Globe
ea with Miss Lily Brayton in the title-
role.
At the Comedy Theatre on the 5th inst. ‘‘ The
Tyranny of Tears,’”’ by Mr. C. Haddon Cham-
bers, is being revived.
THE AUTHOR.
On the termination of the matinee season of
‘** Peter Pan” at the Duke of York’s Theatre
this month, Sir J. M. Barrie’s “‘ Quality Street ”’
will be seen at Thursday and Saturday matinees
as well as in the evening bill.
A German version of Mr. Herman Scheffauer’s
play, “‘ The New Shylock,” has been given at
the Stadt Theatre, Dantzig.
Miss Cicely Hamilton lectured to the Gallery
First Nighters’ Club on January 18.
The post of Examiner of Plays, vacant on
the death of Mr. Charles Brookfield, has been
given to Mr. G. S. Street.
Some of the work of Rita (Mrs. Desmond
Humphreys) has been purchased for the Kinema
by the Edison Co. and by Pathé Fréres.
Mr. W. Percival Westell, F.Z.S., gave four
“cinema nature lectures”? at the Playhouse,
Hitchin, last month.
Mustc.
Mr. Theodore Holland’s new violin pieces,
“* Poéme ” and “‘ Fireflies,’ were introduced by
Mr. Horace Fellowes at his recital in the
AKolian Hall on January 28, accompanied by
the composer.
> —_____—_
PARIS NOTES.
VY ““La Perception du Changement,” M.
Henri Bergson explains to us, with his
usual simplicity and wonderful clearness,
some of the essential points of his theories.
““L’Appel des Armes ”’ is the title of a novel
by Ernest Psichari, a grandson of Ernest
Renan. The author tells us the story of the
son of an anti-militarist Professor, who, against
the wishes of his father, enlists for five years’
service in Africa. We see the influence of his
Captain, who, having no high ideals, can only
teach him his profession. As a psychological
study the book is extremely interesting, and
from a literary point of view we see with the
greatest pleasure that something of that
exquisite writer, Renan, lives again in his
grandson.
** Vivre la Vie,”” by Jacques des Gachons, is
a sequel to that clever psychological study
entitled “ La Vallée Bleue.’ Each of the two
books is a complete story in itself. In the
- first, we see the influence of surroundings on
two brothers, one of whom lives in Paris and
the other in the country. In the second story
we have the history of the descendants of the
two brothers. This novelist’s books are
greatly appreciated in France and have already
won, for their author, two of the French
Academy prizes.
“La Ville Assiégée,” by Guy Chantepleure,
is not a novel, but a story of real life. Madame
Guy Chantepleure was at Janina in October,
1912, just as war was declared with Turkey,
and she describes the town to us, in November,
when all the schools were transformed into
ambulances. On December 26, in the very
midst of the horrors of warfare, she had
organised a féte for the Greek children, who
danced around the Christmas tree and forgot
for a short time, at any rate, the privations and
miseries they were enduring.
An excellent translation of the well-known
novel by the Swedish author, Gustaf af
Geijerstam, has been made by Wilhelm Bauer
under the title of ‘‘ Le Livre du Petit Sven.”
It is merely a story of family life, but told with
such delicacy and refinement that the reader
is held spell-bound by it. Little Sven and his
dog Fox, his mother, father, and the other
members of the family, become real, living
individuals, and as one reads the father’s diary
one sympathises with him in his great grief,
after the death of his little boy and his wife.
To all lovers of Old Paris we would recom-
mend the volume by André Hallays, entitled
+ Bn flanant a travers la France, Paris.”” The
author tells us of the Auteuil of the seventeenth
century, of the history of the Hotel Biron,
and also of the house in the Rue Saint-Jacques,
in which Mdlle. de la Valliére took refuge.
After Old Paris comes ‘‘ Le Nouveau Paris
{la vie artistique de la Cité moderne),” by Ray-
mond Escholier. The preface is written by
M. Gustave Geffroy.
The book entitled ‘“‘ Espagne et Portugal,”
by Marcel Dieulafoy, can now be read either in
French or English. No better informed writer
could have been chosen for this volume of the
collection : Historie générale de ’ Art than the
celebrated explorer and archzxologist whose
travels in Persia resulted in the interesting
collection now to be seen in the Louvre
Museum. M. Dieculafoy has travelled a great
deal in Portugal and in Spain, and he gives us,
in this volume, his theories with regard to
architectural origins and the influence of the
various styles. About 700 illustrations are
given in this work.
Rabindranath Tagore’s Gitanjali has been
translated into French by André Gide and is
entitled ‘‘ L’Offrande Lyrique.”
“Les Lettres, les Sciences, les Arts, la
Philosophie et la Religion des Anglo-Saxons,”
by H. Pierquin, seems to us rather a vast
subject to treat in one volume.
THE AUTHOR.
183
“La Résistance legale en Finlande ”’ by J. J.
Caspar, Avocat a la Cour d’Appel a Paris, may
interest the Society of Friends of Finland. The
preface is written by Pierre Mille.
‘‘Visages de Femmes” is another of the
volumes of excellent studies by André Beaunier.
He tells us of Lucile de Chateaubriand, of Mme.
de Staél and of Mme. de Beaumont, of Adéle
Schopenhauer and of Eugénie de Guérin
among others.
The Abbé Blandin gives us another volume
to add to those already written on “J. K.
Huysmans.”’ As he knew him intimately, he
tells us of his life, his first books, his evolution
and his conversion. He endeavours to explain
many things which have always appeared
unexplainable.
M. Paul Leprieur, Curator of the Louvre
Museum, gives us a volume with illustrations
entitled ‘‘ Millet.” It is an excellent bio-
graphical study and criticism of the celebrated
painter of ‘‘ The Angelus.”
‘“‘TImpét sur le Revenu,” by M. Joseph
Caillaux, is certainly the book of the moment.
M. J. Combaricu now gives us the second
volume of his ‘‘ Histoire de la Musique.” For
the first volume the sub-title was ‘ Des
origines 4 la fin du XVI.™°siécle,” and for the
second volume: ‘‘ Du XVII.™ siécle ala mort
de Beethoven.”
To all interested in scouting, a book entitled
“‘ Les Eclaireurs de France et le Réle social du
Scoutisme frangais,” by Captain Royet, may
throw some light on the progress of the move-
ment in France. The preface is written by
Gaston Deschamps.
M. Couturier who was for many years
Frangois Coppée’s secretary, has published a
volume entitled ‘‘ Chez Frangois Coppée.”’
He tells us of the simple and beautiful life of
the “‘ people’s poet ” and of the fine character
of that Parisian of Paris, whose absolute
sincerity and kindliness won all hearts.
At the Theatre Frangais, Henry Bataille’s
play ‘‘ La Marche Nuptiale”’ is being played,
and at the Odéon “Rachel” fills the
house.
Sarah Bernhardt may be congratulated on
having found, in ‘‘ Jeanne Doré,” a play which
the public hope may have a very long run.
Everyone is genuinely delighted that the
great French tragedian should, at last, receive
the recognition which she ought to have had
years ago. Her promotion to Chevalier of the
Legion of Honour was the occasion of a special
fete. At present, the indefatigable artiste is
giving a series of lectures at the request of the
University of Les Annales.
134
Among theatrical enterprises, it seems likely
that ‘The Little English Theatre,” organised
by Mr. Philip Carr, will be welcomed enthusias-
tically. For some years, it has been proposed
to have a theatre here of comparative ltera-
ture, and it seems now quite possible to realise
this plan. M. Camille de Sainte Croix,
director of the Compagnie frangaise du Theatre
Shakespeare, is putting on in French “ Le
Marchand de Venise,”’ and almost immediately
afterwards, Mr. Philip Carr will produce ‘‘ The
Merchant of Venice ’’ here in English. Other
plays will be given in the same way by these
two directors, who, with separate organisations,
will work together to carry out this idea. On
his honorary committee, M. de Sainte Croix
has some of the best names in France, including
those of the Duchess of Rohan, Professor
Charles Richet, Princess Lucien Murat, M.
d’Estournelles de Constant, Jean Finot, whilst
Mr. Carr has on his honorary committee, The
British Ambassador, the Ambassador of the
United States, the Dowager Duchess of Uzes,
Duchess of Guiches, Anatole France, Auguste
Rodin, M. and Mme. Albert Besnard, M. and
Mme. Emile Boutroux and many others.
Atys HALuarp.
Oo
COPYRIGHT IN A TRANSLATION.
——4+—<— 4 ‘
Byrne v. THE Statist Co., Lrp.
HE decision of Mr. Justice Bailhache in
this case is important to authors and
journalists because it determines several
interesting questions relating to copyright in a
translation of a non-copyright work, the rights
of an author who is in the employment of a
newspaper, and the new defence to an action
for damages in respect of an infringement for
copyright, wherein the defendant alleges that
he was not aware and had no reasonable
grounds for suspecting that copyright subsisted
in the plaintiff’s work.
The plaintiff, Mr. F. D. Byrme, who is
employed on the editorial staff of the Financial
Times, and has an extensive knowledge of
foreign languages, including Portuguese, sued
the defendant company for damages for the
infringement of his copyright in a translation
of a speech dealing with financial matters,
which was delivered in the General Legislative
Assembly of the State of Bahia by the governor
of that State. The speech, which was in
Portuguese, was published in a Bahian news-
paper ; and the plaintiff was asked by the
business manager of the Financial Times to
quote a price for making a translation of the
THE AUTHOR.
speech for publication in that paper as an
advertisement. ‘The plaintiff agreed to do the
work for twenty guineas and asked that his
name should appear as the translator. The
work was done by the plaintiff out of office
hours and the English translation of the
speech appeared in the Financial Times with
the note, ‘‘ Translated from the Portuguese by
F. D. Byrne.”
This advertisement in the Financial Times
was seen by the business manager of the
Statist, who obtained permission from the
Bahian Government to reproduce the speech,
as an advertisement in the Statist. The
defendants published the plaintiff's English
translation in the Statist and this was the
infringement of copyright for which the
plaintiff claimed damages.
It was contended on behalf of the defendants
that the plaintiff's translation was not an
‘*‘ original literary work’’ and was not the
subject of copyright; and that if it was
capable of copyright, the translation was made
by the plaintiff when he was in the employ-
ment of the Financial Times and in the course
of his employment, so that the copyright, if
it existed, would belong to his employers. It
was further pleaded that the defendants were
not liable for damages, because they were not
aware and had no reasonable grounds for
suspecting that copyright subsisted in the
work. It was upon this latter point that the
defendants most strongly relied. Evidence
was given that the practice of the managers of
newspapers with regard to advertisements is
that when they see an advertisement in a
paper, which they would like to have the profit
of publishing, they apply to the advertiser or
his agent for leave to print the advertisement
in their paper; and having arranged a price
they print a verbatim copy of the advertise-
ment, apparently relying upon the supposition
that there is no copyright in the advertisement
or that the copyright belongs to the advertiser.
The points raised on behalf of the defendants
are dealt with in the judgment of Mr. Justice
Bailhache, who said that he thought the words
‘*‘ original literary work’? meant a literary
work of which the person in whom the copy- |
right was laid: or through whom the title to
the copyright was traced was the author. A
translator of a literary work had for many
years been held to be the author of his transla-
tion. The plaintiff’s translation was not
merely mechanical. The plaintiff had com-
pressed the speech and edited it by omitting
the less material parts. He had divided it into
suitable paragraphs and supplied appropriate
headlines. The plaintiff's translation was
therefore an original literary work.
As to the question of employment, the judge
pointed out that the plaintiff did not make the
translation in pursuance of any duty owed by
him to the Financial Times as one of their
staff, or in the course of his employment as
such, but his employment to make the trans-
lation was an independent engagement quite
outside his ordinary duties, and the work was
done entirely in his spare time.
The last point raised on behalf of the
defendant company also failed. The adver-
tisement in the Financial Times contained an
intimation that it had been translated by the
plaintiff. The evidence showed that such a
notice was unusual, and in the judge’s opinion
there was reasonable ground for suspecting
that there was copyright in the plaintiff's
translation. The position of the defendants in
truth was not so much that they did not
suspect the translation was the subject of
copyright as that they supposed that the
copyright belonged to the governor of Bahia,
whose permission to reproduce it had been
obtained. This merely amounted to saying
that they supposed they had the authority of
the owner of the copyright, which was a very
different thing from not suspecting that any
copyright existed. The Act does not give
protection to a person who, knowing or
suspecting that copyright exists, makes a
mistake as to the owner of the copyright and
under that mistake obtains authority to pub-
lish the work from a person who is not in fact
the owner of the copyright.
The defence therefore failed and judgment
was given for the plaintiff for £150 damages and
costs.
Haroitp Harpy.
i
COPYRIGHT TITLE AND TRADE MARK.
9
U.S.A. Law Case,
aS. of space has prevented our quoting
sooner the opinion of the Circuit Court
of Appeals at St. Louis in the case of
Atlas Manufacturing Co., et al. v. Street and
Smith, which involved several very interesting
questions of the protection of the name of a
fictitious character by trade mark or copy-
right or both, this though questions of copy-
ag per se, were not presented by the case.
T e name involved was “Nick Carter,”
which Street and Smith were attempting to
THE AUTHOR.
135
protect against moving picture piracy. The
decision rendered was a divided one and will,
it is understood, be appealed to the U.S.
Supreme Court.
Van Valkeburgh, District Judge :—
‘* Appellees, complainants below, are citizens
of the State of New York, and are the members
of a co-partnership known and styled as
Street & Smith. This firm is engaged in the
business of publishing detective _ stories
characterised by the general name of ‘ Nick
Carter.’ Its publications are issued weekly
and consist, exclusive of cover, of 32 pages,
11 by 8 inches in size. Of these pages, 26 are
devoted to a detective story complete in
itself ; 5 pages to space-filling items under the
heading ‘ News of All Nations’; and 1 page to
advertising other publications issued by the
same firm. The cover is in colours and pre-
sents in order the serial number, date, price,
general title ‘ Nick Carter,’ the specific title of
the detective story, as ‘The Red Button,’
contained in that issue, and an illustration
characteristic of the story, or depicting some
incident in it. Slight modifications of interior
make-up have since been made, but this
description applies to complainants’ exhibit,
filed with their bill July 1, 1913. The func-
tion of the weekly issue is the publication of
the single detective story contained therein.
A different story under a distinct title is pub-
lished each week. These stories are complete
in themselves. The only connection between
them is that the detective character, Nick
Carter, is the central figure in each. On April
19, 1910, complainants registered the name
‘ Nick Carter’ as a trade mark for ‘ a weekly
publication devoted to fiction,’ alleging that it
had been used in their business and that of
their predecessors since March 30, 1885.
“The appellant, Atlas Manufacturing Com-
pany, is a Missouri corporation domiciled in
the city of St. Louis. Its business includes
the manufacture and sale of moving-picture
films. Appellant Crawford is its president.
In January or February, 1912, said Atlas
Manufacturing Company employed certain
persons, named, respectively, Wolcott and
Hamilton, to write a scenario or memorandum
of the series of events in a detective story,
This story was then acted with appropriate
stage setting and the performance photo-
graphed in sequence. From _ these photo-
graphs a film was prepared, and it is the pur-
pose of appellants to sell, rent, or lease this
film to such persons as may desire to display
it in moving-picture theatres. As advertised‘
the story presents ‘Nick Carter, the Great
136
' American Detective, Solving the $100,000
Jewel Mystery.’ It appropriates neither
title, plot, nor situations of any story pub-
lished by complainants: The name Nick
Carter is used and a detective story portrayed.
The name of the appellant corporation, a
manufacturer, is displayed upon the screen.
Complainants, claiming the ‘ exclusive right
to make, sell, print, publish, and display to the
public detective stories marked with the name
and trade mark ‘ Nick Carter,’’ and called
and known by the trade name “‘ Nick Carter,”’ ’
filed their bill of complaint July 1, 1912, to
restrain defendants from using his name in
any connection or form. A preliminary
injunction was granted, and _ defendants
appealed. Complainants have taken out no
copyright upon any of their publications,
therefore no rights arising under the copyright
law are presented for determination. The
property rights asserted are based (1) upon
registered trade mark; (2) upon long-estab-
lished trade name.
““(1) The trade mark registered is ‘ Nick
Carter.’ The law authorising such registra-
tion provides that the applicant shall specify
‘the class of merchandise and the particular
description of goods comprised in such class
to which the trade mark is appropriated, . . .
a description of the trade mark itself,’ and ‘a
statement of the mode in which same is
applied ‘ and affixed to goods... .’ Act,
February 20, 1905, 33 Statutes at Large, pt. 1,
ce, 592, p. 724 (U. S. Comp. St. Supp., 1911,
p- 1,459). In compliance with this requirement
complainants particularly describe their so-
called goods as ‘a weekly periodical devoted
to fiction.’ To entitle this publication to
protection under the trade mark granted it
must conform to the description filed ; it must
be a periodical. In Smith et al. v. Hitchcock,
226 U.S. 58,33 Sup. Ct. 6, 57 L. Ed.—,decided
November 18, 1912, the Supreme Court held
that the ‘Tip Top Weekly,’ issued by these
same complainants, and practically identical
in structure with the ‘ Nick Carter ’ publica-
tion, is not a periodical, but a book.
(2) Literary property in a book cannot
be protected by trade mark, nor otherwise
than by copyright. Black v. Ehrich (CC)
44 Fed. 798 ; Brown on Trade Marks, 116, 117.
This is conceded by complainants’ counsel in
brief and argument ; but it is claimed that
whether the publication be regarded as a
periodical or a book the trade mark protects
it in its character as goods or merchandise.
It is therefore well to determine the exact
nature of the ‘ merchandise’ to which the
THE AUTHOR.
trade mark applies. This must be the publica-
tion, as such, whether book or periodical. It
is the form, not the contents. ‘ Nick Carter’
is not the name of the specific story, as, in this
case, ‘The Red Button.’ None of the indi-
vidual stories are covered by the mark. To
publish a little booklet entitled ‘The Red
Button,’ distinct in size, form and dress, not
bearing the imprint ‘ Nick Carter,’ would not
infringe this technical trade mark. Con-
ceding to this registered mark its broadest
application, it can at most protect only against
something in the nature of a periodical publica-
tion of the same class.
‘““No exercise of imagination, however
fertile, can transform defendants’ film or its
intermittent exhibitions into anything re-
sembling a periodical publication.
‘**(3) Complainants’ chief reliance would
seem to be upon the claim asserted in their
bill that they have possessed for many years,
and still possess, the exclusive right to make,
sell, print, publish, and display to the publie
detective stories called and known by the
trade name ‘ Nick Carter.’ This is a direct
appeal to the law affecting unfair competition
in trade. Because they have long published
detective stories associated with this name and
character, they now assert the exclusive right
to construct and make public in any manner
whatsoever all detective stories involving the
name and character of ‘ Nick Carter.’ It is
the individual story as an article of mer-
chandise, and not the form of publication for
which protection is thus invoked. In the
language of the brief, ‘ the sole question in this
case for the court to decide is whether or not
a moving-picture film is of the same class of
goods as a printed book.’ The claim advanced
is ingenious and decidedly comprehensive in
its scope.
““(4, 5) We agree with counsel that ‘ the
fact that appellees’ (complainants’) stories
are not the highest class of literature does not
bar complainants from relief by the courts.’
In other words, this fact does not take from
the stories their essential character as litera-
ture in the eyes of the law. They are subjects
of copyright. And this leads us to inquire
what complainants’ standing would be under
the law of copyrights? The author of a
literary work or composition has, by common
law, the exclusive right of the first publication
of it. He has no exclusive right to multiply
or control the subsequent issues of copies by
others. The right of an author or proprietor
of a literary work to multiply copies of it to
the exclusion_of others is the creature of
statute. This is the right secured by the
copyright laws of the different governments.
Palmer v. De Witt, 47 N. Y. 532, 7 Am. Rep.
480.
“*(6) Neither author nor proprietor of
a literary work has any property in its
name. It is a term of description, which
serves to identify the work; but any other
person can, with impunity, adopt it and
apply it to any other book, or to any trade
commodity, provided he does not use it as a
false token to induce the public to believe
that the thing to which it is applied is the
identical thing which it originally desig-
nated. If literary property could be pro-
tected under the theory that the name by
which it is christened is equivalent to a
trade mark, there would be no necessity
for copyright laws.’ Black v. Ehrich
(C. C.) 44 Fed. 793.
(7-9) So the copyright of a book does
not prevent others from taking the same title
for another book, though the copyright has
not expired ; and on the expiration of the copy-
right of a novel any person may use the plot
for a play, copy or publish it, or make any
other use of it he sees fit. In such case, where
one writes and copyrights a play based on a
novel, and bearing the same title as the novel,
he cannot prevent another from giving the
same name to an entirely different play which
has been constructed from that novel. Glaser
v. St. Elmo Co. (C. C.) 175 Fed. 276. The
right to use a copyrighted name upon the
expiration of the copyright becomes public
property, subject to the limitation that the
right be so exercised as not to deceive members
of the public and lead them to believe that
they are buying the particular thing which
was produced under the copyright. G. & C.
Merriam Co. v. Ogilvie (C. C. A.) 159 Fed.
688, 88 C. C. A. 596, 16 L. R. A. (N. S.)
549, 14 Ann. Cas. 796.
(10) Original section 4,952, R. S. U. S.,
provided that ‘authors may reserve the
right to dramatise or to translate their own
works.” Unless this reservation was made
the public was free to make such use of them.
By Act of March 8, 1891, c. 565, 26 Stat. 1,107
(U. S. Comp. St. 1901, p. 3,406), it was pro-
vided that * authors or their assigns shall have
exclusive right to dramatise and_ translate
any of their works for which copyright shall
have been obtained under the laws of the
United States.’ This made such exclusive
right an integral part of the copyright itself.
Under this section, so amended, the Supreme
Court has held that an exhibition of a series
THE AUTHOR.
137
of photographs of persons and things,
arranged on films as moving pictures and so
depicting the principal scenes of an author’s
work as to tell the story, is a dramatisation
of such work, and the person producing the
films and offering them for sale for exhibitions,
even if not himself exhibiting them, infringes
the copyright of the author. Kalem Co.
v. Harper Bros., 222 U.S. 55, 32 Sup. Ct. 20,
56 L. Ed. 92, Ann. Cas. 193 A, 1,285. Never-
theless, it is held that the owner of the copy-
right of a novel is not entitled to protection
against the use of that name in connection
with a dramatic composition which does not
present any scenes, plot or dialogue imitated
or adapted from the novel; it being the name
in connection with the novel, and not the
name alone, which the copyright protects.
Harper et al. v. Ranous (C. C.) 67 Fed. 904.
If the copyright has expired, or none has been
taken out, neither the rights and privileges
conferred, nor the limitations and obligations
imposed by that law are present, because,
apart from the statute, none exist.
“Complainants do not rely upon copy-
right. The name ‘ Nick Carter’ is not the
title of any story, nor the name of author or
publisher. But complainants insist that we
shall consider their books, not from the liter-
ary standpoint, but as merchandise, and cite
numerous Cases recognising that the principles
of trade mark law, and the law forbidding
unfair competition in business, may, under
certain conditions, apply to books, magazines,
periodicals and newspapers. That they may
and do apply to magazines, periodicals and
newspapers, as such, we have already seen; to
books the application is more limited. The cases
cited reveal that protection is accorded in con-
nection with specific kinds of books, such as
bibles, dictionaries, and works of a like nature,
where the name has so long been used to desig-
nate the production as to have become identified
with such particular publications as denoting
their origin, and where the use of such name
by another publisher, having no connection
with the place or name, can have no purpose
except to deceive purchasers. Chancellor,
etc., of Oxford University v. Wilmore-Andrews
Pub. Co. (C. C.) 101 Fed. 443; Merriam Co.
v. Straus et al. (C. C.) 186 Fed. 477; Ogilvie
v. Merriam Co. (C. C.) 149 Fed. 858 ; Merriam
v. Holloway Pub. Co. (C. C.) 48 Fed. 450;
Merriam et al. v. Tewvas Siftings Pub. Co.
(C. C.) 49 Fed. 933; Merriam v. Famous
Shoe and Clothing Co. (C. C.) 47 Fed. 811.
In instances where the same method of
selection, illustration and style of binding, as
138 THE AUTHOR.
well as name on the cover, have been taken, the
form of publication is the feature of critical
importance. _ Estes et al. v. Williams et al.
(C. C.) 21 Fed. 189 5 Estes et al. v. Leslie et al.
(C. C.) Fed. 22; Estes et al. v. Worthington
(C. C.) 81 Fed. 154. In all cases the courts
have been careful to limit the doctrine
announced to the special circumstances, and
have coupled it with a re-statement of well-
known principles. Thus, In Merriam Vv.
Straus et al., supra, J udge Wallace said :
‘““¢ It is proper, however, to say that the
pill is in part an attempt to protect the
literary property in the dictionaries, which
became publict juris upon the expiration
of the copyrights. This attempt must
prove futile.’ :
“In Ogilvie v. Merriam Co. (C. C.) 149
Fed! 858, it is pointed out that this public
right cannot be taken away or abridged on
any theory of trade mark or unfair competi-
tion, which is only another way of seeking
to perpetuate the monopoly secured by the
copyright. Similar views are expressed in
Merriam v. Texas Siftings Pub. Co. (C. C.)
49 Fed. 944, and Merriam v. Famous Shoe
and Clothing Co. (C. C.) 47 Fed. 411. In
G. & C. Merriam v. Ogilvie (C. C. A.) 159 Fed.
638, 88 C. C. A. 596, 16 L. R. A. (N. 8.) 549,
14 Ann. Cas. 796, the Court of Appeals for the
First Circuit used language still more explicit:—
““*Phe name ‘‘ Webster” having been
copyrighted by the Merriams, they were
protected in its use under a statutory right
during an express term of years. The pro-
tection, therefore, in that respect, came by
virtue of the copyright, rather than by
virtue of its use in publication and trade.
The statutory monopoly having expired
under statutory limitation, the word ‘‘ Web-
ster’ used in connection with a dictionary
became public property, and any relief
granted upon the idea of title or proprietor-
ship in the trade name of “* Webster ” would
necessarily involve an unwarrantable con-
tinuance of the statutory monopoly secured
by the copyright.’
‘The important principle involved is, per-
haps, most pointedly stated by Mr. Justice
Miller in Merriam et al. v. Holloway Pub. Co.,
supra. He says :—
“* JT want to say, however, with reference
to the main issue in the case, that it occurs
to me that this proceeding is an attempt to
establish the doctrine that a party who has
had the copyright of a book until it has
expired may continue that monopoly indefi-
nitely, under the pretense that it is pro-
tected by a trade mark, or something of
that sort. I do not believe in any such
doctrine, nor do my associates. When a
man takes out copyright for any of his
writings or works, he impliedly agrees that
at the expiration of that copyright such
writings or works shall go to the public and
become public property. I may be the first
to announce that doctrine, but I announce
it without any hesitation. If a man is
entitled to an extension of his copyright,
he may obtain it by the mode pointed out
by the law. The law provides a method of
monopoly of the sale of his writings for a
definite period, but the grant of a monopoly
implies that after the monopoly has expired
the public shall be entitled ever afterward
to the unrestricted use of the book. ... I
will say this, however, that the contention
that complainants have any special pro-
perty in ‘‘ Webster’s Dictionary” is all
nonsense, since the copyright has expired.
What do they mean by the expression
‘“‘ their book,” when they speak of Webster’s
Dictionary ? It may be their book if they
have bought it, as a copy of Webster's
Dictionary is my book if I have bought it.
But in no other sense than that last indicted
can the complainants say of Webster’s
Dictionary that it is their book.’
“* In the Chatterbox Cases (Estes v. Williams,
supra, Estes v. Leslie, supra, and Estes v.
Worthington, supra), emphasis is laid chiefly
upon similarity of form. In Estes et al. v.
Williams, et al., supra, it was said :-—
““<«There is no question but that the
defendants have the right to reprint the
compositions and illustrations contained
in these books, including the title of the
several pieces and pictures. That does
not settle the question as to the right
claimed here. There is work in these publi-
cations aside from the ideas and concep-
tions. Johnston was not the writer of the
articles nor the designer of the pictures
composing the book, but he brought them
out in this form. The name indicates this
work. The defendants, by putting this
name to their work in bringing out the same
style of book, indicate that their work is
his. This renders his book less remunera-
tive, and while continued is a continuing
injury which it is the peculiar province of a
court of equity to prevent.’
““In Kalem Co. v. Harper Bros., 222 U. S.
55, 82 Sup. Ct. 20, 56 L. Ed. 92, Ann. Cas.
1913 A, 1285, it was suggested by counsel that
to extend the copyright of a case or reproduc-
r
. THE AUTHOR. 139
ing scenes from Ben Hur by means of moving
pictures was to extend it to the ideas as
distinguished from the words in which those
ideas are clothed. Mr. Justice Holmes said :—
““* But there is no attempt to make a
monopoly of the ideas expressed. The law
confines itself to a particular, cognate, and
well-known form of production.’
““(11, 12) It may be conceded: That the
law relating to unfair trade has a three-
fold object: First, to protect the honest
trader in the business which fairly belongs to
him ; second, to punish the dishonest trader,
who is taking his competitor’s business away
by unfair means ; third, to protect the public
from deception. Gulden v. Chance (C. C. A.)
182 Fed. 303, 105 C. C. A. 16. That to sus-
tain a charge of infringement the owner of a
trade mark must have used it on the same
class, but not necessarily on the same species,
of goods as the alleged infringer. Layton
Pure Food Co. v. Church & Dwight Co. (C. C. A.)
182 Fed. 35, 104 C. C. A. 475, 82 L. R. A.
(N. S.) 274. Of course, defendants’ film
bears no resemblance to complainants’ books.
No one would buy the one in the belief that
he was getting the other. It is the display
that constitutes the infringement, if there
is one; and in such case the producer of
the film is responsible equally with the
exhibitor. Kalem Co. v. Harper Bros., supra.
We do not think a moving-picture show is of
the same class as a written book. One belongs
to the field of literature; the other to the
domain of theatricals. Originally there was
no legal connection between the written novel
and a dramatisation based upon its characters
and incidents. The connection was made by
statute in derogation of the common law. In
the absence of copyright, the situation is as
if no such connection had ever been made.
We are unwilling, indirectly, to extend to
writings a protection beyond that conferred
by statute. Congress created a specific form
of monopoly for literary property in this
country, and made it subject to express limita-
tions. It is for Congress to say whether these
limitations should be relaxed.
““(13) Neither trade-mark nor trade-name
can afford protection to, detective stories, as
such, whether published ‘or still unborn, and
much less where neither title nor composition
is pirated, and but a single common character
is used. The suggestion involves an attempt
to make a monopoly of ideas, instead of
confining the application of the law to ‘a
particular cognate and well-known form of
production.’
**(14) Moving pictures and dramatisations
are cognate forms of production. When
copyright was extended to the latter, it neces-
sarily included the former ; but in the absence
of copyright no such relation exists between
either of these forms and the written book.
It is not thought that the public will be
deceived into belief that it is seeing a produc-
tion of one of complainants’ stories when it
witnesses that displayed from defendants’ film.
But, if so, it is no more deceived than when it
reads a book of the same name as one thereto-
fore published, but unprotected. It may be
that the defendants are profiting by the use
of a name made distinctive by complainants,
but this is true of one who sells a brand of
cigars named after a famous book or a famous
personage. In the absence of some positive
legal right in complainants, these are con-
ditions for which equity cannot undertake to
create a remedy. The decree below must
therefore be reversed and the case remanded,
with directions that the preliminary injunc-
tion be dissolved and the bill dismissed for
want of equity. Mast, Foos & Co. v. Stover
Manufacturing Co., 177 U. S. 485, 20 Sup. Ct.
708, 44 L. Ed. 856; Castner v. Coffman,
178 U.S. 168, 20 Sup. Ct. 842, 44 L. Ed. 1021.
‘It is so ordered.
** Hook, Circuit Judge (dissenting). My
objection to the above conclusion can be
expressed in a sentence: The defendants are
engaged in appropriating the fruits of com-
plainants’ current endeavours, and are deceiv-
ing the public.”
———___ +»—~<__-—____—__
MAGAZINE CONTENTS.
8
BritisH.
The Writing of Irish History. By Padriac Column.
The Silence of Journalists. By G. K. Chesterton.
Language and National Unity. Francis W. Grey.
Dramatists of To-Day: Synge; St. John Hankin. By
Edward Storer.
CoNTEMPORARY.
The “New Way” of Playing Shakespeare.
Scott James.
Literary Supplement :
By R. A.
Traditional Christmas Carols.
EncuisH REVIEW.
Yeats, Lady Gregory and Synge. By George Moore.
Dialect Words. By Logan Pearsall Smith.
The Bi-Centenary of Laurence Sterne.
Gosse.
The Piano-Player and the Music of the Futuro. By
E. Newman.
Stanley Houghton: An Appreciation.
Ellis.
M. Anatole France Comes to London.
By Edmund
By Anthony L.
By 8. 0.
THE AUTHOR.
HOW TO USE THE SOCIETY.
—
VERY member has a right toask for and to receive
4, 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 without
any cost to the member. Moreover, where counsel's
opinion is favourable, and the sanction of the Committee
is obtained, action will be taken on behalf of the aggrieved
member, and all costs borne by the Society.
2, Remember that questions connected with copyright
and publishers’ agreements do not fall within the experi-
ence of ordinary solicitors. Therefore, do not seruple to use
the Society.
3. Before signing any agreement whatever, send
the document to the Society for examination.
4, Remember always that in belonging to the Society
you are fighting the battles of other writers, even if you
are reaping no direct benefit to yourself, and that you are
advancing the best interests of your calling in promoting
&1e independence of the writer, the dramatist, the composer.
5. The Committee have 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 stamp agreements in readiness for a possible action
upon them. (2) To keep agreements. (3) To enforce
payments due according to agreements. Fuller particu-
jars of the Society’s work can be obtained in the
Prospectus.
6. 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
The
7, Many agents neglect to stamp agreements.
must be done within fourteen days of first execution.
Secretary will undertake it on behalf of members,
8. Some agents endeavour to prevent authors from
referring matters to the Secretary of the Society; so
do some publishers. Members can make their own
deductions and act accordingly.
9. The subscription to the Society is £1 1s. per
annum, or £10 10s. for life membership.
ee
WARNINGS TO THE PRODUCERS
OF BOOKS.
a
“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
e
obtained, But the transaction should be managed by a
competent agent, or with the advice of the Secretary of
the Society.
Il. 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
rights.
(5.) Not to give up serial or translation rights.
(6.) Not to bind yourself for future work to any publisher.
As well bind yourself for the future to any one solicitor or
doctor !
III. 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 is now
possible for an author to ascertain approximately the
truth. From time to time very important figures connected
with royalties are published in Zhe Author.
IY. A Commission Agreement.
The main points are :—
(1.) Be careful to obtain a fair cost of production.
(2.) Keep control of the advertisements.
(3.) Keep control of the sale price of the book.
General.
All other forms of agreement are combinations of the four
above mentioned.
Such combinations are generally disastrous to the author,
Never sign any agreement without competent advice from
the Secretary of the Society.
Stamp all agreements with the Inland Revenue stamp.
Avoid agreements by letter if possible.
The main points which the Society has always demanded
from the outset are :—
(1.) That both sides shall know what an agreement
means.
(2.) The inspection of those account books which belong
to the author. We are advised that this is a right, in the
nature of a common law right, which cannot be denied or
withheld.
(3.) Always avoid a transfer of copyright.
So —_—_——
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. It is well to be extremely careful in negotiating for
the production of a play with any one except an established
manager.
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 inte
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,
THE AUTHOR.
(b.) Sale of performing right or of a licence to
perform on the basis of percentages on
gross receipts. Percentages vary between 5
and 15 per cent. An author should obtain a
percentage on the sliding scale of gross receipts
in preference to the American system, Should
obtain a sum inadvance of percentages. A fixed
date on or before which the play should be
performed. :
(¢.) Sale of performing right or of a licence to
perform on the basis of royalties (i.c., fixed
nightly fees). This method should be always
avoided except in cases where the fees are
likely to be small or difficult to collect. The
other safeguards set out under heading (0.) apply
also in this case.
4, Plays in one act are often sold outright, but it is
better to obtain a small nightly fee if possible, and a sum
paid in advance of such fees in any event. It is extremely
important that the amateur rights‘of one-act plays should
be reserved.
5. Authors should remember that performing rights can
be limited, and are usually limited, by town, country, and
time. This is most important.
6. Authors should not assign performing rights, but
should grant a licence to perform. The legal distinction
is of great importance,
7. Authors should remember that performing rights in a
play are distinct from literary copyright. A manager
holding the performing right or licence to perform cannot
print the book of the words.
8. Never forget that United States rights may be exceed-
ingly valuable. ‘They 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.
———_+—~>—_ ——_____
REGISTRATION OF SCENARIOS AND
ORIGINAL PLAYS.
os
ne typewritten in duplicate on foolscap paper
forwarded to the offices of the Society, together with
a registration fee of two shillings and sixpence, will
be carefully compared by the Secretary or a qualified assis-
tant. One copy will be stamped and returned to theauthor
and the other filed in the register of the Society. Copies
of the scenario thus filed may be obtained at any time by
the author only at a small charge to cover cost of typing.
Original Plays may also be filed subject to the same
rules, with the exception that a play will be charged for
at the price of 2s. 6d. per act.
141
DRAMATIC AUTHORS AND AGENTS.
RAMATIC authors should seek the advice of the
Society before putting plays into the hands of
agents. As the law stands at present, an agent
who has once had a play in his hands may acquire a
perpetual claim to a percentage on the author’s fees
from it. As far as the placing of plays is concerned,
it may be taken as a general rule that there are only
very few agents who can do anything for an author
that he cannot, under the guidance of the Society, do
equally well or better for himself. The collection of fees
is also a matter in which in many cases no intermediary is
required. For certain purposes, such as the collection of
fees on amateur performances, and in general the trans-
action of frequent petty authorisations with different
individuals, and also for the collection of fees in foreign
countries, almost all dramatic authors employ agents; and
in these ways the services of agents are real and valuable.
But the Society warns authors against agents who profess
to have influence with managers in the placing of plays, or
who propose to act as principals by offering to purchase
the author's rights. In any case, in the present state of
the law, an agent should not be employed under any
circumstances without an agreement approved of by the
Society.
———_—_+—@—+ —__
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 copyright. He
should be especially careful therefore when entering into
an agreement, and should take into particular consideration
the warnings stated above.
—— 4 gg
STAMPING MUSIC.
The Society undertakes to stamp copies of music on
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.
Se
EMBERS will greatly assist the Society in this
VI 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,
—_o1—>—_
REMITTANCES.
The Secretary of the Society begs to give notice
that all remittances are acknowledged by return of post.
All remittances should be crossed Union of London and
Smiths Bank, Chancery Lane, or be sent by registered
letter only,
COLLECTION BUREAU.
—$— > ——
HE Society undertakes to collect accounts and money
j due to authors, composers and dramatists. :
1. Under contracts for the publication of their
works.
9. Under contracts for the performance of their works
and amateur fees.
3. Under the Compulsory Licence Clauses of the Copy-
right Act, i.e., Clause 3, governing compulsory licences for
books, and Clause 19, referring to mechanical instrument
records.
The Bureau is divided into three departments :-—
1. Literary.
2. Dramatic.
3. Musical.
The Society does not desire to make a profit from the
collection of fees, but will charge a commission to cover
expenses. If, owing to the amount passing through the
office, the expenses are more than covered, the Committee
of Management will discuss the possibility of reducing the
commission.
For full particulars of the terms of collection, application
must be made to the Collection Bureau of the Society.
AGENTS.
Holland . ; ; . A. REYDING.
United Statesand Canada. WALTER C. JORDAN.
Germany . Mrs Pogson.
The Bureau is in no sense a literary or dramatic
agency for the placing of books or plays.
————————__+—_>—_+—__—_
GENERAL NOTES.
+ 4
UNITED STATES COPYRIGHT.
WE print in another part of this issue a very
interesting case dealing with infringement of a
title. The judgment on the point before the
Court is not of much importance, as it was a
question of trade mark under the American
law. But the “ obiter dicta”’ of the judge with
regard to the difference between rights created
by statute and rights under the common law
are worthy of careful consideration. It is, of
course, difficult to say what view an English
judge would take of these points. It is
doubtful whether he would confirm the sayings
of his American brother.
CANADIAN COPYRIGHT.
TuE present unsatisfactory position of an
author as regards copyright in Canada has
been brought to the notice of the Committee
of Management on one or two occasions
recently. The Imperial Act of 1842 still runs
in the Dominion. This Act, as everyone
knows, has been repealed as far as Great
Britain is concerned. In consequence, certain
difficulties arise.
THE AUTHOR.
The first deals with dramatic” production.
Under the Act of 1842 a copyright performance
was essential. This performance, as the Act
of 1842 still runs, is still essential in Canada,
if the copyright is to be acquired there.
Dramatists, therefore, who set store by their
Canadian and American rights must be very
careful to see that they are properly protected,
otherwise it might chance that either the
Canadian or United States rights have been
lost.
The second point arises with regard to book
publication. If the work is published in England
copyright is still obtained in Canada under the
Act of 1842. If the English author places his
Canadian market in the hands of the English
publisher, although the Customs Authorities
in Canada refuse to prevent the importation
of foreign reprints, yet it is possible for the
author to bring an action against the sellers
of the foreign reprints should he care to do so,
and thus preserve his market; but, if the author
is unfortunate enough as to grant the book
rights for the United States and Canada to
the United States publisher, then, although
the United States publisher has the right of
selling the work in Canada, he cannot stop
the importation and sale of books lawfully
printed under the English Copyright Act. In
other words, supposing the English publisher
without knowledge sells thousands of copies
to a middleman, and the middleman chooses
to import and sell them in Canada, the United
States publisher has no remedy.
These points for the time being are rather
serious, and it is necessary to warn members
of the Society to be exceedingly careful how
they deal with their Canadian rights. It is
hoped that at no distant date they will be set
right by the introduction of an equitable
Canadian law.
CopyriGHt AND Fitm RIGHTS.
TuE Daily News in one of its issues pub-
lished an interview with a well-known authoress
upon the question of copyright and film rights.
In case this article may have come to the view
of any members of the Society, and has led
them to make false deductions, it may be of
interest to members to know the exact position
as far as it is possible to diagnose it under the
new law.
The lady who was interviewed stated that
the copyright acquired by a publisher exists
only in the book as it stands. No publisher,
she says, has ever claimed the right to alter
or adapt novels for either cinematograph or
THE AUTHOR.
dramatic performances. It is quite clear that
this statement has been made without any
study of the present law. If any unfortunate
author reading the article assigns his copyright
to a publisher on the idea that he is not assign-
ing his dramatic and cinematograph rights, he
may wake up suddenly one day and find him-
self in a very difficult position. Under the
first schedule of the Act of 1911, if a person
before the passing of the Act has acquired the
copyright: (in the case of works other than
dramatic or musical works) he acquires under
the new Act, as a substituted right, copyright
as defined by the Act. Now copyright as
defined by the Act covers dramatic and cine-
matograph rights. Accordingly, to take a
concrete ease, if A., before the Act, has assigned
his copyright in a story or a novel to a pub-
lisher, the publisher, after the passing of the
Act, will hold both the dramatic and cine-
matograph rights. But the publisher will hold
these rights subject to the special provisions of
clause 24 as to duration, ete. It is quite clear
also that if, after the passing of the Act, A.
has assigned his copyright in a story or a
novel, such assignment will cover the dramatic
and cinematograph rights.
It is a serious matter, therefore, that the
statement printed in the Daily News should be
allowed to pass unchallenged, as it may lead
unfortunate authors into signing away their
rights in total ignorance of what those rights
cover.
Dramatic MIpDDLE-MEN.
THE attention of the Dramatic Sub-Com-
mittee has been called by one of its members
to a form of speculation that is taking place
in the dramatic world, and the sub-committee
desires members of the Society to be warned.
Certain persons have been approaching authors
with a view to buying up certain portions of
their dramatic rights. They have no prospect
whatever of producing the dramatic rights
themselves, but desire to gamble in these
rights by selling them to. other people.
Members of the Society, therefore, should
make it an essential point of any sale or
licence they may make, that production shall
be ensured within a certain fixed time, and
that the production shall be made by the
people to whom the rights are being sold.
Otherwise the dramatist may find himself
in a*very serious position. Not only that,
he may find he is obtaining a considerably
. smaller amount in royalty than he would
143
be entitled to if he had placed his own wares,
owing to the fact that two or three middle-
men are intervening between himself and the
producing manager.
AGENTS AND THE Four-Boox CLAUSE.
THE question that is now so frequently
before authors not only of fiction, but of other
literary works, is the demand made by
publishers to have the control of one, two,
three and in some cases, even as many as six
more books from the author’s pen.
We have pointed out that the publishers’
argument for making this demand is that by
special advertisement they can push an author’s
books more satisfactorily. We have generally
found that where an author is tied in this
way by his contract, he does not get any special
advantage, indeed, the publisher knowing that
he is entitled to receive future works, generally
pushes the authors to whom he is not so
bound.
The author’s argument in answer to this
is :—
1. If you push my book by special advertise-
ment without my binding myself, I shall be
willing to put my second, my third, and even
my fourth book in your hands.
2. If I do bind myself, will you undertake
in the contract to insert a special clause by
which you will carry out your suggestion to
give it special advertisement.
The publishers’ answer to this is always
in the negative.
It is not, however, the danger with the
publisher that is so serious, but it is the danger
with the agent who makes the clause for the
author. In a clause of this kind the agent’s
and the author’s interests are not incommon,
and it is essential if the agent should do
his best for the author that their interests
should be in common. It is to the advantage
of the agent to bind the author to a publisher
for a series of books in one agreement, for he
knows that, however dissatisfied the author
may be with the agreement, and with his
methods of doing business, so far as that
contract is concerned, he is entitled to his
commission on the following books, and that
the author cannot take the matter out of his
hands.
The question has become so serious that it is
necessary to warn authors once again of the
danger of such a clause, not only as between
themselves and the publisher, but as between
themselves and the agent.
144
PUBLISHERS AND LENDING LIBRARIES.
Ir appears that certain publishers have
started a lending library of their own. We
do not refer to publishers of books. There
are subscribers to this lending library who pay
so much per annum, and they are entitled for
this subscription to receive certain orchestral
parts and certain other musical pieces. The
publishers reap the benefit from the annual
subscriptions but the composer, unless he is
aware of the position, does not make any
arrangement in his contract by which he should
be entitled to a share of the profits of the library
and in consequence may possibly lose a circu-
lation which he otherwise would have obtained.
When composers have learned the art of
insisting on reasonable agreements in addition
to the art of writing music, they will cover a
point of this kind and claim a certain fee
each time their music may be lent. It would
be as easy for them to check such a transaction
as it would be if they received a royalty on
every copy sold.
A Minister oF FINE Arts.
AutL those who believe—in spite of the
Chancellor of the Exchequer’s statement in
the House of Commons some time ago that
such a thing was “‘ not practical ’’—that the
foundation of a Ministry of Fine Arts in this
country is not only possible, but eminently
desirable, will rejoice to hear, on the authority
of Mr. Wynford Dewhurst in the Journal of the
Imperial Arts League for January, that the
investigations of the large and influential com-
mittee of professional men working to formu-
late a scheme for presentation to Parliament,
are most encouraging to the hope that public
opinion will be able to force the establishment
of such a Ministry in the near future. To Mr.
Dewhurst, indeed, it is manifest that it “ might
have been successfully inaugurated twenty years
ago,” had public opinion been the only body to
be consulted. Elsewhere—in his book entitled
“Wanted: A Ministry of Fine Arts ’’—the
same writer has shown with the aid of the
French Government Yellow Book issued by
the Ministére des Beaux Arts, that, so far from
being an expensive institution, a Ministry of
this kind is a direct means of retrenchment of
expenses, our present method of encouraging
Art being most wasteful and unproductive.
The report of the Committee mentioned above
is expected very shortly.
THE AUTHOR.
THE NEW YEAR’S HONOURS.
——S
ITERATURE has not been prominent in
+ the recent list of New Year’s Honours.
It included, however, the names of two
well-known members of the Society of Authors,
Mr. James Bryce and Mr. Owen Seaman, the
former becoming a viscount and the latter
receiving knighthood. Of all the awards so
made norie has been better deserved than
these, and the hearty congratulations of their
fellow-members will be added to those of
their private friends and of the general public.
The Right Honourable James Bryce, or The
Viscount Bryce of Dechmount in-the county
of Lanark, as he now becomes, enters the
House of Lords as the natural and customary
reward of political and diplomatic service to
his King, rather than in recognition of the
literary ability and encyclopedic learning
which have added distinction to his career.
He is, however, one of the now, alas! dwindling
band who enrolled themselves as_ original
members of the Society when it was founded
in 1884. To him public honours are no new
thing, and if his peerage is political and recalls .
the fact that he was recently British Am-
bassador at Washington, and that so long ago
as 1892 he first had a seat in the Cabinet, he
is not only a Privy Councillor, but also a
Fellow of the Royal Society, and, moreover,
can append to his name initials representing
degrees conferred by about a dozen universities
at home and abroad. He has also received
the high honour, and one independent of
politics, of the Order of Merit, as well as the
Prussian order Pour le Merite. Politics have,
however, no doubt claimed his chief attention
since the year of Liberal triumph at the
polls which gave its name to the Eighty Club,
and the fact that he once practised at the Bar,
and was for twelve years Regius Professor of
Civil Law at Oxford, may fairly have been
forgotten by many who recognise him better
as Under Secretary for Foreign Affairs, as
Chancellor of the Duchy of Lancaster, or as
President of the Board of Trade. Here we
will remember rather that the publications
from his pen commenced in 1859 with a work
on the Flora of Arran, followed in 1862 by
“The Holy Roman Empire,” and by others
covering a wide range in politics, law, juris-
prudence, history and other subjects, down to
a recent date. We will also record our
esteem for one who, being an original member
of our Society and of its council, in more
recent years has assisted its efforts in the
THE AUTHOR.
cause of copyright in America, and in other
ways, when the occasion has. offered itself,
has rendered to it, and through it to his
fellow-members, practical service and valued
help.
Thirty years after Mr. James Bryce was
called to the Bar at Lincoln’s Inn Mr. Owen
Seaman took the same step at the Inner
Temple. This was in 1897, after he had been
a master at Rossall School and a prof-ssor
at Newcastle-on-Tyne, and when fourteen
years had elapsed since he took a first class in
the Classical Tripos and captained his college
boat club at Clare. His distinguished talent
for light verse had, however, already attracted
attention. The World and the National
Observer had frequently published his work,
and the editor of Punch had for some little
time recognised the talents of his future
successor, who was to become Sir Owen
Seaman, as he became Sir Francis Burnand.
Journalism, therefore, claimed him from the
law before it had taken a close hold of him, or a
judge now on the bench not unknown for his
talent as a versifier and a humourist might
have had a very dangerous rival. Mr. or Sir
Owen Seaman, as we must now call him, is
recorded to have joined the staff of Punch in
1897, to have become its assistant editor in
1902, and editor in 1906. It is hardly necessary
now to recount the volumes in which have
been collected his polished verses upon every
kind of topic, and the gay travesties of the
more serious poems of others which earned
for their author, in a newspaper paragraph
recording his knighthood, the description of
““the best living exponent of the art of
parody, succeeding to the laurels of Calverley
and H. D. Traill.’”” We may add to this that
the high classical degree mentioned above may
well be recalled by those who appreciate the
scholarly spirit and refined polish of Sir
Owen Seaman’s verses, and that other qualities
both in his verse and in his work as editor
suggest in like manner the mens sana in the
sound frame of one whose athletic distinc-
tions were not confined to the waters of the
Cam,
ryAs a member of the Society of Authors,
the editor of perhaps the most widely known
English periodical occupies a seat upon its
council and finds time to serve upon its Pension
Fund Committee.
145
COMPOSERS’ ROYALTIES AND THE
COPYRIGHT PROTECTION SOCIETY.
=<
HE question of the collection of royalties
T' due under the clauses of the new Copy-
right Act is a matter of great importance,
and musical composers, in particular, should
be very careful how they deal with their rights.
They should, if possible, keep full control; but
in any event they should not allow those
agents who collect on their behalf to make
charges which are not clearly defined when
the contract is made. There seem to be three
very important points in the rules of the Copy-
right Protection Society, the body supported
by music publishers, to which it is necessary
to call attention.
First, the expenses of the society of and
incident to the collection of royalties, and the
carrying out and administration of the business
operations of the society, without any appor-
tionment of such expenses in respect of or
amongst the works of its members individually,
are to be deducted from the aggregate fund
collected.
Secondly, of the balance remaining after
this indefinite sum has been deducted, 30 per
cent., is to go to the publisher.
Thirdly, although the member may with-
draw from the society by giving a certain
notice, still, inthe event of his withdrawal or
death, all the rights that he shall have conveyed
shall continue to be vested in and exercisable
by the company.
It is proposed to discuss these points entirely
from the composer’s standpoint. The com-
mittee of this Copyright Protection Society is
composed of three composers, three authors
and six publishers, and in addition a chair-
man who shall be a composer. Authors in this
connection have very little claim in comparison
with composers and publishers who have pur-
chased copyrights.
It is right that the original creators, the
composers, even though they may be so foolish
as to transfer their copyright to the publishers,
should have control of any company started
for the collection of their royalties. It is
reasonable that publishers and composers
should both be represented—though the former
in a lesser degree—because both are holders of
copyright. But it is an astonishing thing to
see composers sitting on the board of a company
whose regulations proclaim clearly that com-
posers are expected to surrender the greater
part of their royalties without having control
of the expenditure which is to be deducted,
146
and, after that, to surrender a great part of
the residue to the publishers who ought to
have no claim whatever upon them.
Dealing with the first point, it should be
stated that there are societies which collect
royalties for composers, deducting a definite per-
centage. From a business point of view this
is no doubt the best method. These societies
do not ask the compdsers to give away
any portion of their royalties to other people.
If a composer likes to give away a certain
portion of his royalty to other people, that is
quite a different thing, but that he should be
bound to do so, seems an astonishing line for
members of the musical profession to advocate.
The composers are bound under the rules of
the Copyright Protection Society by a clause
in which the committee of that society demand
the transfer to the society for the entire
period of membership of the rights of repro-
duction by mechanical instruments of all
works which are or may be published by a
member. This is apparently contradictory to
article 5 already quoted, which states that
such rights shall continue to be vested and
exercisable by the company in the event of a
member’s withdrawal or death. But it would
appear that if a member has once vested his
rights in the company he cannot withdraw them.
There are other rules, by which the member
is bound to notify the society of all works,
which he writes—rules which compel him to a
sterner slavery, rather than admit him to a
_ freedom. When he has vested all
is rights in the company, the committee
are allowed to conduct and defend such
legal proceedings as may be sanctioned by
them. Now this is a very serious matter
when it is considered that the general body
of members have no control over the expen-
diture. The committee can take or omit to
take any action they like. They can take
action where a member strongly objects to
any action being taken; they may omit to
take action where a member may strongly
desire action to be taken. The unfortunate
composer whose property is being dealt with,
has no power of control one way or the other.
The only limit to these expenses appears to be
the total amount of royalties collected. It is
possible, of course, under these Rules, that the
members of the committee may be replaced,
but the members of the first committee cannot
be replaced until the general meeting in 1915,
so that there is some time to run before the
members can take any action whatever. And
whatever they do, the general body cannot be
freed from the tyranny of the rules.
THE AUTHOR.
The second point refers to the division of the
royalties with the publisher. Various reasons
have been given for this division. The music
publisher has claimed that by publishing the
composer’s music, he makes the gramophone
rights valuable. This may or may not be the
case, but it is a matter for the composer to
decide whether or not to give the publisher
any of his rights. The point must not be
settled arbitrarily by the company. As
another reason, it has been stated that the
production of pieces on mechanical instru-
ments has reduced the sale of sheet music enor-
mously. This may indeed be the case; and,
in fact, it is possible that at no distant date
the production by mechanical instruments will
act as an advertisement for the sheet music
rather than the sheet music for the production
on the mechanical instruments. When the
taxi-cab drove the unfortunate hansom off the
streets, the driver of the hansom, however
much he may be regretted, was allowed to die
a natural death, and was not awarded a liberal
pension by those who had _ patronised_ his
vehicle. If the production of mechanical in-
struments has reduced the sale of sheet music,
this is no reason why the composer should be
bound to pay part of his royalties as a pension
to the publisher. The publisher must either
readjust his business or suffer.
The final point has already been mentioned
when dealing with the first one, namely, that
the composer, when he has once become a
member of this society, and has yielded over
his rights to the society, can never withdraw
those rights again or obtain control of his own
property. It is possible that there may be
some explanation of the two contradictory
clauses referred to, other than the one put for-
ward, but this does not seem probable. No
doubt, after a member has retired, future com-
positions can be dealt with by other firms.
It would seem, therefore, the best advice to
give to composers is that they should with-
draw from any society that collects their
royalties on an indefinite charge, and that
gives 80 per cent. of the royalties when
collected to the publisher, and should join
some society where, at any rate, they know
that the deductions are limited to a certain
ercentage. The Mechanical Copyrights
icensing Company collects for composers on
a 25 per cent. basis, subject to certain condi-
tions; the Authors’ Society collects at 15 per
cent. without any conditions at all except the
payment of an annual subscription of one
guinea, for which very full value is given in
organising and defending the whole body of
THE AUTHOR.
composers’ interests, including those which are
opposed to those of publishers. But even
those composers who have an objection to the
organisation of their own profession might at
least employ a solicitor. A solicitor who gave
80 per cent. of his client’s royalties to a pub-
lisher would get into serious trouble. Sensible
composers, by joining the Society of Authors,
get the services of a solicitor and a skilled and
disinterested agent at one stroke.
——_—_+-—<—_ 2 —_____—__
AUTHOR’S CORRECTIONS.
—— +
S the question of the charges for correc-
A tions is constantly recurring, and as
the matter is of considerable importance
to all authors, the difficulties connected with
this subject must once again be put before
the members of the Society. In the first
instance sundry clauses collected from
different publishers’ agreements bearing on
the question of corrections are printed below
for consideration. Clauses on the lines of the
following appear in nearly every agreement ;
they are taken at random as examples.
1. ‘The said author to correct proof sheets with all
reasonable despatch, and if any alterations or additions
to proofs are made beyond the usual corrections of printer’s
errors he is to pay for such extra work.”
2. “The cost of correction of other than the printer’s
errors in the proofs of the said work exceeding 10s. per
sheet of thirty-two pages is to be borne by the said author,
and the amount thereof shall be payable to the publishers
by the said author within one month after the publication
of the book.”
3. ‘‘ All alterations in proof sheets made by the author
while the book is passing through the press, the cost of
which shall exceed 16s. per sheet of sixteen pages, shall be
at the expense of the author.”
4. ‘That the author shall not be liable for expenses of
author’s proof corrections (exclusive of the correction of
printer’s errors) up to the amount of £5, equivalent to
100 hours of work, but that should such charges exceed
this amount, the author shall be debited with the excess.”
The first two are exceedingly dangerous to
the author. In the first clause the author is
bound to pay for all extra work. This is
unfair, for, as will be pointed out later,
some printer’s errors must under the most
favourable circumstances be included in
author’s corrections. In the second clause
the author is allowed 10s. per sheet of thirty-
two pages (this is a low allowance) and is
bound to pay the amount within a month
from the publication of the book. This is not
customary; in a fair contract the amount (if
any) is deducted from the returns. In the third
‘clause the amount the author has to pay is
147
anything in excess of 16s. per sheet of sixteen
pages. This clause would be a favourable one
for the author if printer’s errors had not been
included. In the fourth clause he is bound to
pay anything over £5, which is equivalent to
one hundred hours’ work; this may be a low
allowance.
The charge the author has to bear in agree-
ments from the best publishing houses varies
from anything over 7s. 6d. to about 12s. per
sheet of sixteen pages. Let us consider for
a moment what this means.
The ordinary 6s. book runs to about 320
pages, generally rather over that amount.
This would be twenty sheets of sixteen pages,
and if the author was allowed 7s. 6d. per sheet,
he would be therefore allowed for corrections
an amount of £7 10s., for which he would not
have to pay. It will be seen therefore, that
the amount put forward in the above clauses,
with the exception of clause three would be
exceedingly small ; and in clause four, whether
the amount was reasonable, would of course
depend on the size of the book. In any case,
where a fixed allowance is made, care should
be taken that the amount is reasonable as
compared with the cost of composition. If
the author exceeds the sum of £7 10s., say he
has to pay £10 himself, this would mean there
would be £17 10s. of corrections, or in other
words, would mean 350 hours’ work, or the
work of a man for thirty-five days at the rate
of ten hours a day, reckoned at 1s. per hour,
the ordinary charge. This will give some idea
of the absurdities of some charges made under
the cover of corrections.
In the draft agreements issued by the
Publishers’ Association we find the following
clause :—
“The author agrees that if costs of corrections and
alterations in the proof sheets exceed 25 per cent. of the
cost of composition it shall be deducted from the royalties
payable to him.”
The cost of composition of the ordinary
6s. book varies between £20 and £80.
Here allowance for the corrections free to
the author is very small, especially as the
clause makes no statement whatever with
regard to printer’s errors. It is a clause to
be avoided therefore. There is one point,
however, on which the clause is reasonable,
namely, that the amount should be deducted
from the royalties and in most publishers’
agreements where it is not expressly stated
this course is generally adopted. There is
one publisher who offers the author 10 per
cent. of the cost of composition, or about
£2 for corrections on the composition of an
148
ordinary length /novel.{ Special mention is
made of this as the firm is one of the best known
in London. The only redeeming point in the
case is that he does not often’insist on any
charge; but it is not fair that the author
should be dependent on the _ publisher’s
generosity. oe
The next point for consideration is how the
author’s corrections are to be distinguished
from printer’s errors. Printers will tell you
that the proofs are read over before they are
forwarded to the author, and the author,
therefore, has a clean sheet. Any corrections
made on the clean sheets are author's cor-
rections. If the author finds many printer’s
errors still in the proofs he should return them
for a clean sheet before he makes any cor-
rections of his own (this may be sometimes
necessary if the author comes across proofs
so corrupt that they have evidently been
in the hands of a young compositor). This
would be an admirable way of ascertaining
the difference if the printer’s reader was
infallible, but not only is such a_ position
impossible, but this further difficulty must
be taken into consideration, that the printer
may make mistakes unnoticeable by the
reader but very clear to the author, and every
author who has been accustomed to read
proofs will know that, as a matter of fact, he
never receives a proof clear of printer’s errors.
He has however, on the printer’s own confes-
sion, to be responsible to the publisher for
more than his own corrections—in the result
this position, however unfair, is almost
unavoidable. An honourable house will, how-
ever, act fairly, but a dishonest publisher not
infrequently takes advantage.
In case of a dispute is it possible to determine
what are printer’s errors and what are author’s
corrections, and how much time is expended
on one and how much on the other? It is
almost impossible. The author should keep
duplicate proofs and should make his correc-
- tions. on both, and in both cases should make
the corrections of printer’s errors in different
coloured ink from his own corrections. This
would be the most secure way of ascertaining
the facts of the case correctly. Is all this
trouble worth while ? The following statement
will show the contrary, even if any author
would undertake this pedantic accuracy.
The time necessary for alterations when picked
out by this method is only approximately
ascertainable and tends to make the sugges-
tion valueless. Even when the author has
— the corrections distinct, the fresh difficulty
will arise in determining the time expended on
THE AUTHOR.
the re-composition for the correction of
printer’s errors as apart from those of the
author, and if the matter has to be settled
before a judge as the final arbiter expert
evidence can only prevent an_ exorbitant
overcharge, but no expert can reduce the
question to the accuracy of a mathematical
problem. If, then, the printer or publisher
intends to be dishonest to the extent of £5
or so, no power on earth can prove the
dishonesty. On some publishers’ accounts
these few uncheckable pounds are always in
evidence. The safest way, therefore, is to
send in a clean typescript in the first instance
and to know exactly how to correct at the least
cost. The author should be careful to make
such alterations and to such an extent that
the lines should not overrun and necessitate
the carrying forward of the whole type.
Sometimes an exceedingly small correction,
from the author’s point of view, will be an
exceedingly large one from the printer’s.
The cost of corrections is vouched for by the
printer’s time-sheet showing so much time
spent by the compositor, whose time is
reckoned at 1s. per hour. As a matter of
fact he is not always paid so much, but
it is one of the many plans by which the
printers put a little into their own pockets.
The publisher is bound to produce proper -
vouchers from the printers if called upon to
do so.
One other point should be mentioned, and
that is the question of corrections in the
American cost of production. It is much
more difficult to settle any disputes with
American publishers than it is with a publisher
in England owing to the distance, and the fact
that if the matter is taken finally into the
courts it is hardly worth while to bring an
action in America unless the amount involved
is very large or the principle very important.
Authors, however, should be much more
particular in dealing in America as to the
position of the publishers and as to the form
of correction clauses, and should be careful
to deal with those houses only of an established
reputation. This further point must also be
noted ; the cost of labour in America is higher
than the cost of labour in England, and there-
fore the cost of corrections is proportionately
greater.
Finally, it has been suggested that the
author should not in any case be liable to pay
for corrections above a certain fixed amount.
But such an arrangement, it is feared, would
never be agreed to by the publisher, and would
hardly be fair, as the author might involve
THE AUTHOR.
the publisher in an enormous expense and the
publisher would have no possibility of obtaining
any redress. As the fault of many corrections
must lie with the author it is only fair that the
author should pay a reasonable proportion.
What such reasonable proportion is will adjust
itself by the conditions of the trade when at
last the full details of cost are known to both
author and publisher.
“THE LITERARY YEAR-BOOK.” *
—_+—<— + ——
d.
HE 1914 issue of ‘‘The Literary Year-
Book” is now to hand. _ This is its
eighteenth annual issue, and the book
like all good year-books, has been growing
in usefulness and handiness during those
eighteen years.
In another column of The Author is a review
of the general features of the book. I desire
only to deal with the Law and Letters.
It is a small portion of the book, about
forty pages out of a total of 650 and more, but
in some points it is the most important section
of the whole book.
These forty pages are divided into (1) The
Law of Copyright, which is sub-divided into
Imperial Copyright; Colonial Copyright ;
International Copyright; (2) Author, Pub-
lisher and Agent; (3) Memorandum of
Agreement.
The Imperial Copyright gives in a short
space a rough outline of the present law,
and quotes the judgments under the new Act
which have been declared during the past
year. It makes special mention of the clauses
in the Bankruptcy Act of 1913 and states as
follows: ‘‘ Owing to the decision in the case of
In re Grant Richards, Ex parteW arwick Deeping,
an author parting with his copyright to a
ublisher who had the misfortune to become
ankrupt, might to his dismay find the
trustee in bankruptcy of the publisher within
his legal rights in publishing the author’s
work for the benefit of the creditors without
paying him any royalty, or selling the copy-
right without attaching any condition as to
* “The Literary Year-Book, Authors’ Who’s Who and
Illustrators’ Directory,’ Vol. XVIII. London, Heath,
Cranton and Ousley, 1914.
149
the payment of royalties to the author.”
This was a very serious position, and the
Authors’ Society may be justly proud of
having been instrumental in amending the law
by the insertion of section 15 into this years
Bankruptcy Act. The clause is quoted at
length.
The explanation of the law under the Act
of 1911 must of necessity be very curtailed,
but setting this point aside, it is creditably
and carefully done.
The case of Corelli v. Gray is quoted, and an
important statement of the judge on the new
Act as dealing with that case.
It is difficult to deal with Colonial Copyright
in the space of a little more than two pages.
The Australian Law of 1912 is explained in
half a page. With regard to the Canadian Law,
which is dealt with in a page and a half, it is.
impossible to be satisfied, but as most probably
the new Canadian Act will be passed in 1914,
it is as well not to lay too heavy a stress on the
present difficult position of copyright property
in Canada. The countries which have been
covered by Orders in Council under the. new
Act are fully set forth and form a very useful
reference for those who desire to know how
far the copyright of a British author ex-
tends.
The next section on Author, Publisher and
Agent, has an important note at the beginning:
in black clarendon, drawing attention to a
note at the end of the article. To this note
attention should be drawn. The editor states.
‘It is the object of ‘The Literary Year-Book ’”
to deal with facts as they are. The Authors’
Society is at hand to try and often to succeed
in moulding facts, as perhaps they ought to be.”
Though not entirely agreeing with this state-
ment, the articles which deal with the con-
tracting parties and the terms of their con-
tracts are written carefully and by one who
has considerable knowledge of the intricacies
of marketing literary property. :
The writer of the articles deals with the
agency clause, but surely in the first line he
should not have stated, ‘‘ The author should be
warned against a clause sometimes intro-
duced into agents’ agreements.” The diffi-
culty of the agency clause lies in its introduc-
tion into the agreement between the author
and the publisher, not into the agent’s agree-
ment, where it is often counteracted by other
clauses. Agents are springing up all round.
There is no standard of knowledge, no standard
of education, and no standard of financia
honesty necessary in order to become a literary
agent. Any person who has placed an articlein,
150 _ “THE AUTHOR.
a magazine or seen one agreement between an
author and a publisher, thinks he knows
sufficient to take up the work, and the author
suffers accordingly. To many authors a good
literary agent is a necessity ; to no author is
a bad literary agent of any good. It is
essential, therefore, that a note of warning
should be given. The note in the present
instance is hardly strong enough.
There is no space to criticise the proposed
forms of publication in detail, but, the criticisms
on the whole, are fair. The writer, referring
to the account clause, by which the publisher
renders annual accounts made up to a certain
date and delivered three months afterwards,
states, ‘‘It is better that these accounts
should be rendered semi-annually, but we
print the clause in the form in which it is
commonly found.” This statement we cannot
support. The great majority of publishers
consent now to give semi-annual accounts
and many of the old-fashioned houses that
have annual renderings, consent during the
first two or three years from the _publi-
cation to give approximate semi-annual state-
ments. Though the annual account clause is
bad, that a publisher should make up his
accounts annually and render and pay them six
months after they are made up is much worse
and must never be tolerated. Some publishers
have lost quite good business owing to this
grievous delay.
The question of prices is dealt with cursorily.
It is almost impossible to give any advice on
this point without an accurate knowledge of
each particular case. Some publishers or editors
will offer figures which would disgrace a sweat-
ing East-end tailor. When it comes to the ques-
tion of figures, as the editor wisely remarks,
it is as well to invoke the opinion of a literary
agent. I think it might be better still to
invoke the opinion of the Society of Authors.
There is little further to be said about the
forms of agreement, but one or two remarks
might be made. The writer advises never to
hand over the copyright, but to alter this to
“the exclusive right of printing.” The writer
should have gone further and should have
advised the alteration to an exclusive licence
to print and publish in book form, in the
English language. Sometimes it is even
necessary to limit to book form, in the English
language, at a certain price, or again, to a
certain number of copies, or again to a form
to be mutually agreed between the author and
the publisher. But in any event, the publisher
should only have the right of producing the
work in book form in the English language.
He is not there as the agent of the author to
sell the translation rights, and serial rights,
and many of the minor rights. To give this
larger power is a fatal error.
II.
ALTOGETHER “‘ The Literary Year-Book for
1914’? contains more information, and that
information dealing with a wider field, than
has been given in previous issues. That a
very great deal of interest to authors is col-
lected in the Year-Book is undeniable, but
we are not in a position to bestow upon it
whole-hearted approval. Parts are undeniably
very well done. The public library re-
turns which have been included in the Year-
Book for some years past are this year omitted,
and we think with good reason. Full par-
ticulars still remain respecting libraries likely
to be used by authors for purposes of research.
Certain changes have been made in the list
of periodical publications. Periodicals which
gave no information beyond an address are
now omitted. This also appears to us to
be fully justified; and we may add that the
arrangement of the information in the
‘Contributors’ Index to Periodicals” and
the hints to contributors are excellent. An
entirely new feature is a section dealing
with photo-playwriting, with an introductory
article on ‘‘ How to Write Photo-plays,” by
Mr. E. A. Dench, and a list of firms which
purchase photo-plays, with notes of their
requirements. Many writers will welcome
this addition, though whether anyone desiring
to write photo-plays will derive much real
assistance from the article devoted to the
subject is a question on which we will not
venture to express an opinion. The Supple-
ment contains a ‘‘ Tabulated List of the
Books contained in Eighty-six different Series
of Cheap Reprints.” So far as it goes this
catalogue is certainly useful; but it must
be understood that a very large number of
reprinted cheap books are not to be found in
it. Other quite familiar features of the
Year-Book remain in forms in which they are
already well known, and will require no
mention.
rf
}
|
4
en ee ee
THE AUTHOR.
THE ENGLISHWOMAN’S YEAR-BOOK AND
DIRECTORY, 1914.*
ee
- HE Englishwoman’s Year-Book and
Directory” again presents the familiar
mass of valuable information, care-
fully brought up to date, which has made
it indispensable to all women taking any part
in public or social life; but not without
new additions that are certain to be welcomed.
An entirely new feature is a table of ‘‘ Records
for Women,” showing how “ all along the line,
women are breaking new ground in the pro-
fessions previously supposed to be man’s
exclusive privilege.” Another most valuable
new article is that on “‘ Health Centres and
School Clinics.” We are particularly pleased
with the chapter devoted to literature, and
have seldom seen anywhere better advice than
is given at its commencement under the
heading of ‘‘The Author.”” The book naturally
contains, under other headings, subjects of
which we cannot pretend to judge; but we
may say that, if here also the information and
advice is as excellent as that given respecting
literature, the work may claim to be ideal.
Divided into two parts, educational, profes-
sional and social life; and philanthropic and
social work, the volume deals in turn with all
the activities of women ; whilst its information
is so admirably digested as to make reference
extraordinarily easy.
tot
FREE-LANCING.+
9
HERE is an insidious, romantic flavour
about the word ‘“ free-lance,’ which is
calculated to attraet the young author
whom Mr. Percy Vere avowedly writes to help
and encourage (see the cover of this book).
How fast the romance fades is known to nearly
all who set themselves to the task of free-
lancing for a living. Some lucky few there no
doubt are whose talents are of such a kind
that they soon succeed in making a competence
by their hireling profession. But of the rest
it is sad even to think. The writer who
* “The Englishwoman’s Year-Book and Directory,
1914.” Thirty-third year of Issue. London: Adam and
Charles Black.
+ ‘The Confessions of a Literary Free-Lance,” by Percy
Vere. Edinburgh: Wm. Nimmo & Co, 1s. 6d. net.
151
disguises himself under the cheerful pseudonym
now before our eyes would be doing an ill turn
to the “ earnest literary aspirants ’’ to whom
he dedicates his work, were it not that he
admits from the start that his livelihood never
depended on his writings. He was in an office
from the age of fourteen and a half, and his
salary rose steadily ever afterwards. Writing
for the magazines was a pastime, a hobby, to
him. The phrase “born in the purple of
commerce ”’ flashes across our mind, and we
wonder what right he has to~call himself a
literary free-lance. When he turned his office
experiences into magazine articles, he was
perhaps a bit of a condottiere—but surely only
inanamateurish way. How grateful he should
be to his desk !
Having made this protest, we may admit
readily that Mr. Percy Vere is both entertaining
and instructive in his account of how by
‘“‘ pereyverance’’’ he earned the privilege of
describing himself as contributor to the Strand
Magazine, Royal Magazine, Chambers’s Journal,
etc., etc., and that his hints on the writing of
short stories and articles have their value for
those who yearn to give the public what it
wants. Let the yearners, however, keep their
feet all the time, like their monitors, under the
desk.
————_o_xca—_——_
CORRESPONDENCE.
+
A PROTEST.
Dear Sir,—A book ealled “ Children’s
Stories from English History,”’ purporting to
be by E. Nesbit and Doris Ashley, has been
sent out for review by Messrs. Raphael Tuck
& Sons, and has been reviewed as a new book.
Now I do not know Miss Ashley, and have never
collaborated with her. Those stories, in this
book, which are mine, are very early, immature
stuff, written between twenty and thirty years
ago, and at.that time, unfortunately, sold by
me to Messrs. Raphael Tuck & Sons.
Authors who part with their copyrights have
to endure the mortification of being unable to
suppress early and unworthy work—and I do
not resent Messrs. Tuck’s continuing to sell
this stuff. It is theirs, and they have a right
to sell it. And it serves me right, for parting
with the copyright. But I think I have just
cause to resent the publication of this early
work—or any other work—in a form which
makes two authors who are strangers to each
other appear to have written a book in col-
152
laboration. Further, it seems to me that the
publication of old stuff, again and again, year
after year, without any announcement or
admission that the work is old, is an outrage
to the press, the public, and the author. That
such work is sent out in a form which offers no
hint of its being a reprint is proved by the
reviews which treat it as new.
Yours faithfully,
E. Nespir BLAnp.
ta —
THE WANDERING JEW.
Str,—In order to forestall one of those
misunderstandings as to priority of theme and
treatment which so frequently arise between
authors, I should like to say that I have
written a play which, like that announced by
Mr. Temple Thurston, deals with the legend
of the Wandering Jew. This play of mine has
been published in Germany some time ago,
and as it is shortly to be translated by Heiman
Scheffauer, I think it expedient to make this
preliminary announcement.
G. SIL-VARA,
Literary Correspondent of the
** Neue Freie Presse,’’ Vienna.
11, Chester Place,
Regents Park, N.W.
—_—+—
** ONLY.”
Srtr,—Whilst expressing entire agreement
with Mr. Edward Clodd’s protest against the
all too frequent misplacement of “only,” I
should like to point out in reply to Mr. Louis
Zangwill that his contention applies to col-
loquial rather than to literary language, and
that, in the conversational instance he gives,
the “only” can be correctly placed, and at
the same time fulfil his condition of its coming
out at once and making a pretest, by saying,
“Only Saturday I bought it,” or ‘* T'was
‘only on Saturday I bought it.”’
Surely much may be forgiven in the spoken
‘word which is unpardonable in the written.
In such discussions as the present, it is
always well to see what the Oxford Dictionary
has to say. This is how it judicially sums up
the matter: ‘‘ Only was formerly often placed
-away from the word or words which it limited ;
this is still frequent in speech where stress and
‘pauses prevent ambiguity, but is now avoided
THE AUTHOR.
by perspicuous writers.” Of such placing
the earliest example given is from Caxton,
and is dated 1483.
With all due respect, the antithesis of living
language and dead formalism with which
Mr. Zangwill concludes his letter is both vague
and irrelevant.
Yours faithfully,
T. Francis Howe...
— 1 —
On Some EpitroriaAL EcCcENTRICITIES.
Srr,—I am a somewhat elderly person, who
is perhaps approaching his dotage, and one of
my habits (I hope a harmless one) is to spend a
certain amount of my leisure time in writing to
the newspapers. As a rule my letters are
inserted, but the joy that I naturally feel on
such oceasions is frequently diminished by the
fact that the editor has broken up my letter
into paragraphs on an_ irritating system,
entirely of his own devising. The rule, I
understand, is that a new paragraph indicates
a new subject, and this rule I carefully observe
myself in writing, but there are editors who
appear never even to have heard of it, and
their idea of breaking up a letter is to begin a
new paragraph where a break looks well.
Thus, the other day, I wrote a letter of thirty-
six lines to a well-known daily paper, and began
a new paragraph at the twenty-eighth line ;
when the letter was printed the only para-
graph began at the twenty-fourth line. Surely
the person who writes the letter is the best
judge of its form; he, if he is a fairly com-
petent writer, studies the rhythm, and, if I may
so phrase it, the build of his letter, far more
carefully than any editor is likely to have time
to do.
Another objectionable practice of editors is
to insert a letter, signed perhaps with the
writer’s proper name, with two or three lines of
matter excised at the end or elsewhere. A
curious tale has been told me of an editor who
cut out all the vital part of a writer’s argument,
so that another correspondent with a well-
known name might triumph over him next
day. All this appears to me to prove that
discussion is not so free as it might be, even in
first-class newspapers, and that the editor, by
tampering with letters or suppressing them,
may give the victory in a discussion to anyone
he likes.
I am, Sir,
Yours truly,
SENEX.
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Subject
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publications
The Author