| 461 | https://historysoa.com/items/show/461 | The Author, Vol. 04 Issue 11 (April 1894) | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=49&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=%3Cem%3EThe+Author%3C%2Fem%3E%2C+Vol.+04+Issue+11+%28April+1894%29"><em>The Author</em>, Vol. 04 Issue 11 (April 1894)</a> | | | | | | | | | | | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=51&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Publication">Publication</a> | 1894-04-02-The-Author-4-11 | | | | | 391–420 | | | | | | | | | | | | | | | | | | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=89&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=4">4</a> | | | | | | | | | | | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=76&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=1894-04-02">1894-04-02</a> | | | | | | | 11 | | | 18940402 | The Huthor.<br />
<br />
(The Organ of the Incorporated Society of Authors. Monthly.)<br />
<br />
CONDUCTED BY WALTER BESANT.<br />
<br />
<br />
<br />
<br />
<br />
Vout. IV.—No. 11.]<br />
<br />
APRIL 2, 1894.<br />
<br />
[Prick SIXPENCE.<br />
<br />
<br />
<br />
<br />
<br />
For the Opinions expressed in papers that are<br />
signed or initialled the Authors alone are<br />
responsible. None of the papers or para-<br />
graphs must be taken as expressing the<br />
collective opinions of the committee unless<br />
they are officially signed by G. Herbert<br />
Thring, Sec.<br />
<br />
pee Seeretary of the Society begs to give notice that all<br />
<br />
remittances are acknowledged by return of post, and<br />
<br />
requests that all members not receiving an answer to<br />
important communications within two days will write to him<br />
without delay. All remittances should be crossed Union<br />
Bank of London, Chancery-lane, or be sent by registered<br />
letter only.<br />
<br />
Communications and letters are invited by the Editor on<br />
all subjects connected with literature, but on no other sub-<br />
jects whatever. Articles which cannot be accepted are<br />
returned if stamps for the purpose accompany the MSS.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
es<br />
<br />
WARNINGS AND ADVICE.<br />
<br />
@ is not generally understood that the author, as the<br />
vendor, has the absolute right of drafting the agree-<br />
ment upon whatever terms the transaction is to be<br />
carried out. Authors are strongly advised to exercise that<br />
<br />
right. Inevery other form of business, the right of drawing<br />
<br />
the agreement rests with him who sells, leases, or has the<br />
control of the property.<br />
<br />
<br />
<br />
<br />
<br />
EADERS of the Author and members of the Society<br />
are earnestly desired to make the following warnings<br />
as widely known as possible. They are based on the<br />
<br />
experience of nine years’ work by which the dangers<br />
to which literary property is especially exposed have been<br />
discovered :—<br />
<br />
1. SeR1AL Ricurs.—In selling Serial Rights stipulate<br />
that you are selling the Serial Right for one paper at a<br />
certain time only, otherwise you may find your work serialized<br />
for years, to the detriment of your volume form.<br />
<br />
2. Svrame yYouR AGREEMENTS. — Readers are most<br />
URGENTLY warned not to neglect stamping their agreements<br />
immediately after signature. If this precaution is neglected<br />
for two weeks, a fine of £10 must be paid before the agree-<br />
ment can be used as a legal document. In almost every<br />
case brought to the secretary the agreement, or the letter<br />
which serves for one, is forwarded without the stamp. The<br />
author may be assured that the other party to the agree-<br />
ment never neglects this simple precaution. The Society,<br />
<br />
VOL. IV.<br />
<br />
to save trouble, undertakes to get all the agreements of<br />
members stamped for them at no expense to themselves<br />
except the cost of the stamp.<br />
<br />
3. ASCERTAIN WHAT A PROPOSED AGREEMENT GIVES TO<br />
BOTH SIDBS BEFORE SIGNING IT.—Remember that an<br />
arrangement as to a joint venture in any other kind of busi-<br />
ness whatever would be instantly refused should either party<br />
refuse to show the books or to let it be known what share he<br />
reserved for himself.<br />
<br />
4. Lirerary AGENTS.—Be very careful. You cannot be<br />
too careful as to the person whom you appoint as your<br />
agent. Remember that you place your property almost un-<br />
reservedly in his hands. Your only safety is in consulting<br />
the Society, or some friend who has had personal experience<br />
of the agent. Do not trust advertisements alone.<br />
<br />
5. Cost OF PropuctTion.-—Never sign any agreement of<br />
which the alleged cost of production forms an integral part,<br />
until you have proved the figures.<br />
<br />
6. CHoIcE OF PUBLISHERS.—Never enter into any cor-<br />
respondence with publishers, especially with those who ad-<br />
vertise for MSS., who are not recommended by experienced<br />
friends or by this Society.<br />
<br />
7. Fururs Worx.—Never, on any account whatever,<br />
bind yourself down for future work to anyone.<br />
<br />
8. Royvaury.—Never accept any proposal of royalty until<br />
you have ascertained what the agreement, worked out on<br />
both a small and a large sale, will give to the author and<br />
what to the publisher.<br />
<br />
9. Personau Risk.—Never accept any pecuniary risk or<br />
responsibility whatever without advice.<br />
<br />
10. REJEctED MSS.—Never, when a MS. has been re-<br />
fused by respectable houses, pay others, whatever promises<br />
they may put forward, for the production of the work.<br />
<br />
11. AMERICAN Ruiautrs.—Never sign away American<br />
rights. Keep them by special clause. Refuse to sign any<br />
agreement containing a clause which reserves them for the<br />
publisher, unless for a substantial consideration. If the<br />
publisher insists, take away the MS. and offer it to<br />
another.<br />
<br />
12. CESSION oF CopyRicHT.—Never sign any paper,<br />
either agreement or receipt, which gives away copyright,<br />
without advice.<br />
<br />
13. ADVERTISEMENTS.—Keep control over the advertise-<br />
ments, if they affect your returns, by a clause in the agree-<br />
ment. Reserve a veto. If you are yourself ignorant of the<br />
subject, make the Society your adviser.<br />
<br />
14. Never forget that publishing is a business, like any<br />
other business, totally unconnected with philanthropy,<br />
charity, or pure love of literature. You have to do with<br />
business men. Be yourself a business man.<br />
<br />
Society’s Offices :—<br />
<br />
4, PortuaaL Street, Lincoun’s INN FIEeups.<br />
HH2<br />
394<br />
HOW TO USE THE SOCIETY.<br />
<br />
<br />
<br />
1. VERY member has a right to advice upon his<br />
K agreements, his choice of a publisher, or any<br />
dispute arising in the conduct of his business or<br />
the administration of his property. If the advice sought<br />
is such as can be given best by a solicitor, the member has<br />
a right to an opinion from the Society’s solicitors. If the<br />
case is such that Counsel’s opinion is desirable, the Com-<br />
mittee will obtain for him Counsel’s opinion. All this<br />
without any cost to the member.<br />
<br />
2. Remember that questions connected with copyright<br />
and publisher’s agreements do not generally fall within the<br />
experience of ordinary solicitors. Therefore, do not scruple<br />
to use the Society first—our solicitors are continually<br />
engaged upon such questions for us.<br />
<br />
3. Send to the office copies of past agreements and past<br />
accounts with the loan of the books represented. This isin<br />
order to ascertain what has been the nature of your agree-<br />
ments, and the results to author and publisher respectively<br />
sofar. The Secretary will always be glad to have any<br />
agreements, new or old, for inspection and note. The infor-<br />
mation thus obtained may prove invaluable.<br />
<br />
4. If the examination of your previous business trans-<br />
actions by the Secretary proves unfavourable, you should<br />
take advice as to a change of publishers.<br />
<br />
5. Before signing any agreement whatever, send the pro-<br />
posed document to the Society for examination.<br />
<br />
6. The Society is acquainted with the methods, and—in<br />
the case of fraudulent houses—the tricks of every publish-<br />
ing firm in the country. Remember that there are certain<br />
houses which live entirely by trickery.<br />
<br />
7. Remember always that in belonging to the Society you<br />
are fighting the battles of other writers, even if you are<br />
reaping no benefit to yourself, and that you are advancing<br />
the best interests of literature in promoting the indepen-<br />
dence of the writer.<br />
<br />
8. Send to the Editor of the Awthor notes of everything<br />
important to literature that you may hear or meet with.<br />
<br />
es<br />
<br />
THE AUTHORS’ SYNDICATE.<br />
<br />
EMBERS are informed :<br />
1. That the Authors’ Syndicate takes charge of<br />
the business of members of the Society. With, when<br />
necessary, the assistance of the legal advisers of the Syndi-<br />
cate, it concludes agreements, collects royalties, examines<br />
and passes accounts, and generally relieves members of the<br />
trouble of managing business details.<br />
<br />
2. That the expenses of the Authors’ Syndicate are<br />
defrayed solely out of the commission charged on rights<br />
placed through its intervention. Notice is, however, hereby<br />
given that in all cases where there is no current account, a<br />
vooking fee is charged to cover postage and porterage.<br />
<br />
3. That the Authors’ Syndicate works for none but those<br />
members of the Society whose work possesses a market<br />
value. -<br />
<br />
4. That the Syndicate can only undertake any negotiation<br />
whatever on the distinct understanding that those negotia-<br />
tions are placed exclusively in its hands, and that all<br />
communications relating thereto are referred to it.<br />
<br />
5. That clients can only be seen by the Editor by appoint-<br />
ment, and that, when possible, at least four days’ notice<br />
should be given. The work of the Syndicate is now so<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
heavy, that only a limited number of interviews can be<br />
arranged.<br />
<br />
6. That every attempt is made to deal with the corre-<br />
spondence promptly, but that owing to the enormous number<br />
of letters received, some delay is inevitable. That stamps<br />
should, in all cases, be sent to defray postage.<br />
<br />
7. That the Authors’ Syndicate does not invite MSS.<br />
without previous correspondence, and does not hold itself<br />
responsible for MSS. forwarded without notice.<br />
<br />
It is announced that, by way of a new departure, the<br />
Syndicate has undertaken arrangements for lectures by<br />
some of the leading members of the Society; that a<br />
“Transfer Department,” for the sale and purchase of<br />
journals and periodicals, has been opened ; and that a<br />
“Register of Wants and Wanted” has been opened.<br />
Members anxious to obtain literary or artistic work are<br />
invited to communicate with the Manager.<br />
<br />
There is an Honorary Advisory Committee, whose services<br />
will be called upon in any case of dispute or difficulty. It<br />
is perhaps necessary to state that the members of the<br />
Advisory Committee have no pecuniary interest whatever in<br />
the Syndicate.<br />
<br />
NOTICES.<br />
<br />
HE Editor of the Author begs to remind members of the<br />
Society that, although the paper is sent to them free<br />
of charge, the cost of producing it would be a very<br />
<br />
heavy charge on the resources of the Society if a great<br />
many members did not forward to the Secretary the modest<br />
6s. 6d. subscription for the year.<br />
<br />
The Editor is always glad to receive short papers and<br />
communications on all subjects connected with literature<br />
from members and others. Nothing can do more good to<br />
the Society than to make the Author complete, attractive,<br />
and interesting. Will those who are willing to aid in this<br />
work send their names and the special subjects on which<br />
they are willing to write ?<br />
<br />
Communications for the Author should reach the Editor<br />
not later than the 21st of each month.<br />
<br />
All persons engaged in literary work of any kind, whether<br />
members of the Society or not, are invited to communicate<br />
to the Editor any points connected with their work which<br />
it would be advisable in the general interest to publish.<br />
<br />
Members and others who wish their MSS. read are<br />
requested not to send them to the Office without previously<br />
communicating with the Secretary. The utmost practicable<br />
despatch is aimed at, and MSS. are read in the order in<br />
which they are received. It must also be distinctly under-<br />
stood that the Society does not, under any circumstances,<br />
undertake the publication of MSS.<br />
<br />
The Authors’ Club is now open in its new premises, at<br />
3, Whitehall-court, Charing Cross. Address the Secretary<br />
for information, rules of admission, &c.<br />
<br />
Will members take the trouble to ascertain whether they<br />
have paid their subscriptions for the year? If they will do<br />
this, and remit the amount, if still unpaid, or a banker’s<br />
order, it will greatly assist the Secretary, and save him the<br />
trouble of sending out a reminder.<br />
<br />
Members are most earnestly entreated to attend to the<br />
warning numbered (7). It is a most foolish and a most<br />
disastrous thing to bind yourself to anyone for a term of<br />
years. Let them ask themselves if they would give a<br />
solicitor the collection of their rents for five years to come,<br />
whatever his conduct, whether he was honest or dishonest?<br />
Of course they would not. Why then hesitate for a moment<br />
when they are asked to sign themselves into literary bondage<br />
for three or five years ?<br />
<br />
<br />
<br />
<br />
<br />
<br />
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ch<br />
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uD<br />
<br />
Kt<br />
<br />
<br />
<br />
THE AUTHOR. 393<br />
<br />
Those who possess the “Cost of Production” are<br />
requested to note that the cost of binding has advanced 15<br />
per cent. This means, for those who do not like the trouble<br />
of “doing sums,” the addition of three shillings in the<br />
pound on this head. In other words, if the cost of binding<br />
is set down in our book at eight pounds, to this must now be<br />
added twenty-four shillings more, so that it now stands at<br />
£9 4s. The figures in our book are as near the exact truth<br />
as can be procured; but a printer’s, or a binder’s, bill is so<br />
elastic a thing that nothing more exact can be arrived at.<br />
<br />
Some remarks have been made upon the amount charged<br />
in the “ Cost of Production” for advertising. Of course, we<br />
have not included any sums which may be charged for<br />
inserting advertisements in the publisher’s own magazines,<br />
or in other magazines by exchange. As agreements too<br />
often go, there is nothing to prevent the publisher from<br />
sweeping the whole profits of a book into his own pocket,<br />
by inserting any number of advertisements in his own<br />
magazines, and by exchanging with others. Some there are<br />
who call this a form of fraud; it is not known what those<br />
who practise this method of swelling their own profits call it.<br />
<br />
pec<br />
<br />
GENERAL MEETING.<br />
<br />
GENERAL MEETING of the Society of<br />
Authors was held at the rooms of the<br />
Royal Medical and Chirurgical Society,<br />
20, Hanover-square, W., on Monday, the i1gth<br />
day of March, 1894, at 5 o’clock. Sir Frederick<br />
Pollock, Bart., took the chair, and was supported<br />
by the following members of the Council: Mr.<br />
Walter Besant, Mr. J. M. Lely, Mr. Lewis<br />
Morris, and Mr. J. J. Stevenson. The report<br />
and balance-sheet for the past year were laid<br />
before the meeting. Sir Frederick Pollock stated<br />
that as the report had been sent to all the<br />
members, he thought those present might take<br />
itas read. If, however, anyone objected to this<br />
course of proceeding the secretary would read it.<br />
As no member present dissented from the course<br />
proposed, Sir Frederick Pollock then commented<br />
on the report and the prosperous position of the<br />
Society. The Society was in a solvent and<br />
flourishing condition, and since the commence-<br />
ment of the present year there had been a<br />
further increase of about eighty new members.<br />
He then referred to the fact that the Society had<br />
been in a manner endowed by a member lately<br />
deceased, who had appointed the Society his<br />
literary executor, and had left an ample sum of<br />
money to cover all expenses that might be in-<br />
curred, which would leave a fair balance in hand.<br />
At the present time he would not mention the<br />
name of the gentleman, as the legacy had been<br />
so recently left that the question as to the publi-<br />
cation of the MSS. and the other business which<br />
it might be necessary for the Society to under-<br />
take could not yet be settled; no doubt, how-<br />
ever, at the dinner of the Society, which would<br />
take place in the late spring, the testator’s<br />
<br />
<br />
<br />
name might be revealed, and further particulars<br />
disclosed. He further mentioned to the meeting<br />
that the publication of the Author, which was a<br />
most useful part of the Society’s business, was of<br />
course a large tax on the resources of the Society,<br />
and although it was sent gratis to all members,<br />
he thought it was the duty of those members to<br />
support it who were in a position to do so. The<br />
report was then unanimously approved.<br />
<br />
A member of the Society then rose and made<br />
a suggestion that the list of members of the<br />
Society should be published. Sir Frederick<br />
Pollock, in answer, informed the meeting that the<br />
matter had been carefully considered by the com-<br />
mittee, and at the present time, for various<br />
reasons which he mentioned, among which were<br />
the confidential position of the secretary to the<br />
members, resembling that of a solicitor to clients,<br />
and the fact that no material advantage would be<br />
gained by such publication, it had been unani-<br />
mously decided by the committee that the list<br />
should not be published. However, the com-<br />
mittee would be willing to consider any proposi-<br />
tion which was backed by a considerable majority<br />
of the members of the Society, and no doubt the<br />
Editor of the Author would be willing to place a<br />
paragraph in that journal asking for opinions.<br />
At the same time, he thought that if any con-<br />
siderable minority of the members had a decided<br />
objection to the list being published, their wishes<br />
should be respected. The sense of the meeting<br />
seemed to beagainst publication, but the Chair-<br />
man thought it would not be proper to take a<br />
vote, except ina fuller meeting and after notice.<br />
After some further discussion, Mr. Besant stated<br />
that he would place a notice in the Author<br />
inviting opinions.<br />
<br />
Mr. F. W. Rose proposed a vote of thanks to<br />
the chairman, which was seconded by the Rev.<br />
Dr. Samuel Kinns, and carried unanimously. The<br />
proceedings then terminated.<br />
<br />
<br />
<br />
<br />
<br />
te<br />
<br />
THE REPORT FOR 1893.<br />
<br />
HE Report for last year is now in the hands<br />
Lr of members. It is to be hoped that it will<br />
be regarded as eminently satisfactory. The<br />
income for the year shows an increase of £153.<br />
There are about 200 members more than were on<br />
the roll a year ago, the number now being over<br />
1200. Let us note that it is impossible ever to<br />
give the exact number of members; we could<br />
give the number on the books, but there is a<br />
certain percentage in every society of members<br />
who drop off every year. Thus the number on<br />
the books at the end of the year was probably<br />
<br />
<br />
394 THE AUTHOR.<br />
<br />
about 1250. Since the beginning of the year 85<br />
new names have been received.<br />
<br />
The special cases, 7.e., not such cases as are<br />
settled by a word of advice or a letter, but cases<br />
involving trouble and solicitors’ work, amounted<br />
in the year to 100. Thirty-six of these cases in-<br />
volved the recovery of money due and unlawfully<br />
withheld. Twenty-nine cases were successful, and,<br />
of the remainder, one failed because the member<br />
was unwilling to prosecute, and the other because<br />
the opponent had no money.<br />
<br />
The case of secret profits prepared by the<br />
Society’s solicitors and submitted to counsel, viz.,<br />
Mr. H. H. Cozens-Hardy, Q.C. and Mr. James<br />
Rolt, will be found at length on pp. 394-398.<br />
Members are invited to give it their most serious<br />
consideration. All those who have profit-sharing<br />
agreements are interested, and should examine<br />
their accounts with the greatest care under the<br />
light of this important opinion.<br />
<br />
De<br />
<br />
LITERARY PROPERTY.<br />
<br />
<br />
<br />
T.—Secret Prorits.<br />
I, CASE FOR COUNSEL.<br />
<br />
HE Incorporated Society of Authors desires<br />
to be advised as to the legal position of<br />
authors under a certain well-known form<br />
<br />
of publishing agreement, known as the share-<br />
profit system, in reference to the charges made<br />
by publishers and otherwise, particularly as<br />
tested by the manner in which the courts would<br />
deal with charges in the publishers’ accounts if<br />
they were being taken by the court.<br />
<br />
A case which raises the point on which counsel’s<br />
opinion is sought is as follows :<br />
<br />
An author, A. B., enters into an agreement with<br />
publishers, C. D. and Co., in the following terms :—<br />
Copy of Agreement.<br />
<br />
Memorandum of agreement made this day of<br />
between A. B. of the one part and C. D. and Co. of the other<br />
<br />
art.<br />
<br />
. It is agreed that the said C. D. and Co. shall publish, at<br />
their own risk and expense—(title of work); the exclusive<br />
right of printing and publishing which shall be vested in<br />
the said C. D. and Co., subject to the following conditions,<br />
viz., that after deducting from the produce of the sale<br />
thereof all the expenses of printing, paper, binding,<br />
advertising, discounts to the trade, and other incidental<br />
expenses, the profits remaining of every edition that may be<br />
printed of the work during the term of legal copyright are<br />
to be divided into equal two parts, one part to be paid to the<br />
said A. B. and the other to belong to the said C. D. and Co.<br />
<br />
The books to be accounted for at the trade sale price, 25<br />
as 24, unless it be thought advisable to dispose of copies, or<br />
of the remainder, at a lower price, which is left to the<br />
discretion of the said publisher. Accounts to be made up<br />
annually to Midsummer, delivered on or before Oct. Ist, and<br />
settled by cash in the ensuing January.<br />
<br />
Some time subsequent to the publication of<br />
the book an account in the following terms was<br />
sent to the author :-—<br />
<br />
PUBLISHER'S ACCOUNT.<br />
<br />
<br />
<br />
As rendered to the Author. 2 2a<br />
Composition (17 sheets at £1 10s.) ue 25 10-8<br />
Printing (Cs i: 128.) 3, 2 5 100 4<br />
Paper cC yy SL O08.) OL sO<br />
Moulding Be a a ee<br />
Stereotyping 3: G06. a ee<br />
Binding (at £2 5s.per 100 copies) ... ... ... 22 10 O<br />
Advertising ae as iyo ae CAI 106<br />
Corrections 44.0. ee oe<br />
Paper Wrappers 3. 4 113 0<br />
Postage... 6. Se a a<br />
£136 16 10<br />
Proceeds of sale of g50 copies at<br />
ge. Od. ce IO 5<br />
Incidental expenses (5 per cent.<br />
dedutted)o0 3. ee 8 6. 3<br />
——_— “sy<br />
136 16 10<br />
£21 1 it<br />
Alleged half profits ... £10 10 II<br />
<br />
Which shows that after the sale of the whole of<br />
an edition of 1000 copies, profits to the extent of<br />
£10 10s. 11d. were credited by the publishers to<br />
the author as his half share. Upon a close<br />
investigation of the account, it was discovered<br />
that on all the cost of production, 7.e., com-<br />
position, printing, paper, moulding, stereotyping,<br />
and binding, the publishers bad added to the<br />
actual cost 10 per cent. on each item. This<br />
addition had been made secretly, and the author<br />
was not in any way informed of what had taken<br />
place. The following amended account shows the<br />
actual amounts of charges invoiced to the pub-<br />
lishers by their printer, paper-maker, binder, and<br />
advertising agent in respect to the items before<br />
referred to :—<br />
<br />
Reau Cost oF PRODUCTION. Boe<br />
Composition (17 sheets at £1 7s.) (30 ha et 8<br />
Printing (2 4 108. Od) Se eRe 6<br />
Paper ( 0 A reece sheet), 8 ik GO<br />
Moulding ( 4, ., 58. Sheet) ae ee<br />
Stereotyping( ,, ;, 98. sheet) oy oe eg As Ce<br />
Binding at sd. per volume... ... ... .. «=. 2016 8<br />
Advertisitig: 1.0 ose a ee<br />
Corrections =. ee a<br />
Paper Wrappers (0 4... 3. ks<br />
Postage, &0s 0 a a 16 0<br />
£105 4 10<br />
<br />
Proceeds of sale of 950 copies at an average of<br />
48, 6d, 8 COPY i Ge ok a OS<br />
Less the cost ... ... 105 4 10<br />
Profit... 20552 2 Ol. 02<br />
Actual half profits to author on this account ... 30 10 I<br />
<br />
With regard to the item of advertisements, it<br />
was further found that the publishers, being only<br />
<br />
<br />
<br />
<br />
<br />
aed<br />
<br />
<br />
<br />
<br />
THE AUTHOR. 395<br />
<br />
able to show vouchers to the amount of £20, the<br />
rest of the sum charged was made up of charges<br />
for advertisements in the publisher’s own maga-<br />
zines, for which, of course, he paid nothing, and<br />
“exchanges” with other magazines, #.e., adver-<br />
tisements in magazines for which the publishers<br />
pay nothing, they in their turn inserting gratis in<br />
their own magazines similar advertisements for the<br />
publishers of the other magazines. It is suggested<br />
that the charge for incidental expenses was inde-<br />
fensible.<br />
<br />
The result is that the author was entitled to<br />
£30 10s. 1d., but the publishers proposed to give<br />
only £10 tos. 11d.<br />
<br />
Nature of relationship between parties to<br />
agreement.—Dealing now with several points that<br />
arise on this case :—<br />
<br />
(1.) The above agreement is what is commonly<br />
known as a share-profit agreement, and it is sub-<br />
stantially, though there may be minor points of<br />
difference, what is offered by all publishers as a<br />
share-profit agreement, the share being usually,<br />
as here, one half.<br />
<br />
As to the general position of the parties under<br />
such an agreement, it is submitted that although<br />
the author is not able to be sued by any outsider<br />
in case of default of the publisher, the agreement<br />
amounts to a partnership agreement, or joint<br />
adventure in the nature of partnership gua the<br />
book concerned; or if not to an agreement for<br />
partnership or joint adventure, then to an agree-<br />
ment making the publisher trustee for the returns<br />
due to the author, and, therefore, unable to make<br />
any profit out of his trust other than such, if any,<br />
as he has expressly stipulated for, and the half<br />
share of profits.<br />
<br />
(IL.) Duty of the publisher to account.—The<br />
author in the above agreement cedes to the pub-<br />
lishers the exclusive right of printing and pub-<br />
lishing the book during the legal term of copy-<br />
right, and such is the effect of most share-<br />
profit agreements. The consideration for this is<br />
the publishers paying to the author half profits,<br />
z.e., half of the net proceeds of sale of copies<br />
after expenses of the publishers have been<br />
deducted. It is presumed that whatever be the<br />
precise legal relationship of author and publisher<br />
under such an agreement as above, the pub-<br />
lishers are bound to account fully and exactly<br />
to the author, and this appears to involve, as<br />
of right, without any express provision in the<br />
agreement, (a) production of vouchers for all<br />
expenses charged by the publishers, and (6) pro-<br />
duction of such books as are usually kept by<br />
publishers recording sales; also all records of<br />
books received, and the stock in hand, in order<br />
to. enable the author to check the number of<br />
books accounted for as sold. On this point it is<br />
<br />
believed some publishers would contend that their<br />
word is to be accepted as absolute as to number<br />
of sales in such cases, but this, it is submitted,<br />
is wrong, and that the author has the above right<br />
of examining the publishers’ books.<br />
<br />
As regards the vouchers, the production of<br />
these seem to be essential. If they are produced<br />
they would reveal such a transaction as that<br />
disclosed in the before-mentioned accounts with-<br />
out the necessity of instituting independent<br />
inquiries of printers, binders, &c., from whom it<br />
might be difficult for an author to obtain infor-<br />
mation.<br />
<br />
(II1.) Right of publisher to charge more than<br />
actual expenses—Several questions arise on the<br />
accounts above set out as to the publishers’ dis-<br />
bursements; and first, there is the addition of 10<br />
per cent. to the actual prices charged him for the<br />
several items of work done—printing, binding,<br />
&c. It issubmitted that this is equally indefen-<br />
sible, whether (a) the publisher discloses to the<br />
author that he has charged at a higher rate than<br />
he himself is charged, there being nothing in the<br />
agreement providing for his charging what he<br />
likes; or (0) as in the above instance, he conceals<br />
this, and so makes a secret profit. The matter<br />
appears to be analogous to the transactions which<br />
were held to be indefensible in Williamson v.<br />
Barbour (9 Ch. Div. 529). :<br />
<br />
The defence of the publishers would probably<br />
rest on “custom of trade;” an open and well<br />
recognised usage the publisher could not prove,<br />
and an infrequent or secret practice it is believed<br />
would not constitute a custom.<br />
<br />
This matter was discussed in a recent case of<br />
Rideal v. Kegan Paul & Co., but this was only<br />
before the Registrar of the City of London<br />
Court. In that case the agreement, a half-profit<br />
one, proved that in the accounts “the work shall<br />
be debited with all expenses of every kind of or<br />
incidental to the publication of each edition of<br />
the work, including Mr. George Redway’s charges<br />
for printing, plates, illustrations, stereotyping,<br />
paper, binding, and advertising.” Mr. Redway<br />
charged more for these things than prices invoiced<br />
to him, and the Registrar held he could not do<br />
so.<br />
(1V.) Whether publisher's conduct fraudulent.<br />
—Would the court regard the conduct of a pub-<br />
lisher who made a secret profit in the manner<br />
before stated as fraudulent, so that, e.g., he would<br />
be ordered to pay the costs of an action for<br />
account if such a fact was brought to light in<br />
it?<br />
<br />
(V.) Discounts——There is another question<br />
which is often mixed up with the question under<br />
head No. III., but which is really quite a distinct<br />
matter, and apparently more difficult of decision,<br />
<br />
<br />
396 THE AUTHOR.<br />
<br />
that is the question of discounts which a publisher<br />
gets allowed him from the printers, binders,<br />
paper-makers, &c., he deals with.<br />
<br />
It is customary for a publisher to obtain six<br />
months’ credit from a printer. If he pays cash<br />
he receives certain discounts. If these discounts<br />
are to go into his own pocket, what is there to<br />
prevent him from arranging with the printer for<br />
a bill off which he is to receive heavy discounts<br />
in order to bring the actual cost to the publisher<br />
down to ordinary prices, but seriously affecting<br />
the state of accounts between author and pub-<br />
lisher? It is submitted that any advantages<br />
obtained for the quasi partnership by cash pay-<br />
ments should be credited tothe book. Counsel is<br />
referred to the accompanying print of article,<br />
“Some Considerations of Publishing,’ by Sir<br />
Frederick Pollock, in which this point is fully<br />
discussed.<br />
<br />
(VL.) Right to charge for advertisements not<br />
actually paid for.—A very important point, which<br />
is also dealt with in Sir F. Pollock’s paper, and<br />
which is of daily occurrence on publishers’<br />
accounts, is as to the charge for advertisements.<br />
As seen in the before-mentioned instance, pub-<br />
lishers charge what they call scale prices (being<br />
the prices they would charge to outside persons,<br />
such as makers of soaps, pills, &c.), for<br />
<br />
(a) Advertisements inserted in their own<br />
magazines, including their own trade lists<br />
of books.<br />
<br />
And (6) advertisements inserted by exchange<br />
without payment in other publishers’<br />
magazines.<br />
<br />
In neither case does the publisher pay directly<br />
or indirectly anything more than the cost of<br />
printing and paper for the pages of advertise-<br />
ments, and possibly a mere trifle extra for<br />
carriage and binding. It is submitted that<br />
beyond these small payments the publisher ought<br />
not to charge the author anything in respect of<br />
such advertisements.<br />
<br />
It will no doubt be contended by the pub-<br />
lishers who do make these charges, that if they<br />
did not insert these book advertisements they<br />
would be able to advertise so many more soaps<br />
and pills; but even if this were the fact (which it<br />
probably is not), it is submitted that it forms no<br />
legal justification.<br />
<br />
A strong case exemplifying the evils cf this<br />
system occurred as follows :—<br />
<br />
A clergyman named A. gathered many notes<br />
about his church, intending to write a history<br />
about it. Pressure of other work made it difficult<br />
for him to digest and write out his notes, and<br />
after some delay he handed everything over to B.,<br />
who wrote the book out. B. then haying full<br />
powers, he went to C., a publisher. He said to<br />
<br />
C., ‘we want this handsomely printed and bound,<br />
We ask no remuneration. I[t can never havea<br />
very large sale. We therefore ask you to take it<br />
off our hands completely, only reserving the right<br />
to take as many copies as A. requires at cost<br />
price.” This proposal was willingly accepted. B,<br />
went away for his health, having told A. all about<br />
the (verbal) agreement into which he had entered,<br />
and explained in particular that under no circum-<br />
stances was A. to be called upon or to make any<br />
money payment. As soon as his back was turned,<br />
C. sent A. a bill for £30 for advertising. It so<br />
happened that among C.’s clerks was a young man<br />
who was connected with A.’s church, where he<br />
had been educated. This clerk, seeing A. by<br />
chance in C.’s anteroom waiting for an audience,<br />
conferred with him on the subject, having only<br />
time to say ‘‘ Do not pay anything without seeing<br />
the vouchers.” A. took this advice. C. showed<br />
him vouchers for £3 4s., which A. paid under<br />
protest. C. promptly cashiered the clerk who<br />
had given A. the advice. When B. came home<br />
and heard the story, he went to C. and said,<br />
“You must at once return the £3 4s. to A. with<br />
an apology, as you know perfectly well he owed<br />
you neither £30 nor £3.” But this C. would not<br />
do.<br />
<br />
If the publisher is justified in charging for<br />
either of the above-mentioned kinds of advertise-<br />
ments, the matter must be further considered<br />
from other points of view.<br />
<br />
Counsel will observe what a large door is opened<br />
to fraud if the sight of charging for advertise-<br />
ments which cost nothing or next to nothing be<br />
conceded to a publisher. There is nothing to<br />
prevent him from putting the whole profits of a<br />
book in his own pocket’ by largely advertising in<br />
his own magazine or by exchanges.<br />
<br />
Further, it has been found by long experience<br />
that a book will only “stand” a certain amount<br />
of advertising, ¢.e., there is a point at which<br />
further expenditure does not advance sales, and<br />
is only money wasted; also, in the opinion of<br />
many experts, the advertising of books in<br />
magazines is of very little use (because most of<br />
the English magazines have a very limited<br />
circulation) compared with their advertisement in<br />
the great daily papers.<br />
<br />
(VIL.) Moulding and stereotyping. — The<br />
accounts above set out contain a charge for<br />
moulding, which is rightly charged to the first<br />
edition of a book of more than ephemeral interest,<br />
because the moulds are taken in case a new<br />
edition should be called for. But the stereo-<br />
typing need not be executed, and seldom is,<br />
<br />
until the second edition is wanted. If a pub- 4<br />
<br />
lisher charges stereotyping when it is not done,<br />
this no doubt will be indefensible. If it is done<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
unnecessarily, can he be made to bear the amount<br />
<br />
himself ?<br />
<br />
(VIII.) Right to deduct a charge for incidental<br />
expenses.—It will be seen in the above accounts<br />
that the publishers have charged “paper<br />
wrappers ” and “ postage,’ presumably for send-<br />
ing copies of the book for review, and have de-<br />
ducted 5 per cent. from the proceeds of sale for<br />
“incidental expenses;” and publishers justify<br />
such a charge by saying that it is to cover the<br />
book’s share of their general office expenses (rent,<br />
wages, &c.). This seems clearly indefensible ; the<br />
publisher gets half the profits for (1) his risk of<br />
loss if there is any 1isk—very few publishers do,<br />
in fact, run risks through the book not paying<br />
expenses—this falls entirely on the publisher; and<br />
(2) his position in the publishing trade, for which<br />
his offices, his clerks, travellers, &c., are a sine<br />
qud non.<br />
<br />
The questions on which counsel is asked to<br />
advise are as follows:<br />
<br />
1. What is the exact relationship between the<br />
parties to a share-profit agreement ; is it<br />
one of partnership, or rather joint adven-<br />
ture, or of trusteeship, or what ?<br />
<br />
. In any view of the relationship, ought not<br />
the publisher to render fullaccounts, and to<br />
give full opportunity of checking them by<br />
production of vouchers and books as<br />
mentioned above ?<br />
<br />
3. Isthe publisher entitled, under a share-profit<br />
agreement, to charge expenses at a higher<br />
rate than he himself makes; whether this<br />
is disclosed to the author after the con-<br />
tract, or is a secret profit made by the<br />
publisher ?<br />
<br />
4. If the answer to the last question is in the<br />
negative, would not the existence of such<br />
charges, when proved to the court, be a<br />
sufficient case for reopening a_ settled<br />
account which contained charges embody-<br />
ing such profits P<br />
<br />
5. Is the publisher under a share-profit agree-<br />
ment entitled to charge the author the<br />
full amounts of invoices to him for<br />
expenses of the book when he himself only<br />
pays such amounts less discounts ?<br />
<br />
6. Has the publisher the right under a share-<br />
profit agreement to charge for advertise-<br />
ments (a@) inserted in his own magazines<br />
or trade lists, and (0) inserted in other<br />
publishers’ magazines by exchange with-<br />
out payment ?<br />
<br />
7. Can the publisher under a share-profit agree-<br />
ment charge stereotyping against the first<br />
edition where it is not done ?<br />
<br />
8. Has the publisher under an ordinary share-<br />
profit agreement, in the absence of ex-<br />
<br />
VOL. Iv.<br />
<br />
nN<br />
<br />
397<br />
<br />
press stipulation, the right to deduct a<br />
percentage on books sold for “incidental<br />
expenses ? ”<br />
<br />
II. COUNSEL'S OPINION.<br />
<br />
1. In our opinion, an agreement such as that<br />
set out in the above case creates between the par-<br />
ties to it a joint adventure, involving some (but<br />
not all) of the incidents of partnership, and con-<br />
stitutes a fiduciary relation on the part of the<br />
publisher towards the author.<br />
<br />
2. Under such anagreement the publisher is, in<br />
our opinion, bound, in anv view of the relationship<br />
of the parties, to render proper accounts and to<br />
produce all books and documents necessary for the<br />
proper vouching of the items of such accounts.<br />
<br />
3. Under such an agreement the publisher is, in<br />
our opinion, only entitled to deduct from the pro-<br />
ceeds of sale the actual expenses of printing,<br />
paper, &c., and he cannot therefore charge such<br />
expenses at a higher rate than he actually pays.<br />
It would not, in our opinion, make any difference<br />
in this respect whether the publisher, after the<br />
execution of the agreement, informed the author<br />
that he intended to charge, or had in fact charged,<br />
the expenses at such higher rate (unless there<br />
were additional circumstances which might evi-<br />
dence a waiver or abandonment of rights on the<br />
part of the author) or kept the matter secret.<br />
<br />
4. If the existence of such charges as those<br />
mentioned in.the last question were satisfactorily<br />
proved, it would, in our opinion, be a sufficient<br />
ground for reopening the account in which such<br />
charges were contained, even though such account<br />
had been settled and approved by the author,<br />
assuming, of course, that the account had been<br />
so approved by him in ignorance of its containing<br />
such charges.<br />
<br />
5. This question is one of some difficulty, but,<br />
in our opinion, the publisher, under such an<br />
agreement, is only entitled to charge for what he<br />
actually pays, and therefore cannot charge the full<br />
amount of the invoice where he obtains a discount.<br />
<br />
6. The publisher is, in our opmion, only<br />
entitled under such an agreement to charge the<br />
actual cost of advertisements, whether inserted in<br />
his own magazines or trade lists, or those of other<br />
publishers. He cannot charge against theauthor<br />
the sum which a stranger would have paid for the<br />
insertion of such an advertisement. The actual<br />
cost in case (6) would in effect appear to be the<br />
actual cost to him of inserting in his own maga-<br />
zine an advertisement in exchange for the adver-<br />
tisement of the work in question in another<br />
publisher’s magazine.<br />
<br />
7. The publisher is not, in our opinion, entitled<br />
to charge for work which hus not in fact been<br />
done.<br />
<br />
II<br />
398<br />
<br />
8. The term “incidental expenses” in the<br />
above-mentioned agreement is extremely vague<br />
and unsatisfactory, but, m our opinion, it includes<br />
those expenses which, or a portion of which, are<br />
incidental to the particular book referred to in the<br />
agreement, and does not includea share of estab-<br />
lishment charges generally. Unless, however,<br />
the charge for incidental expenses could be shown<br />
to be excessive or improper, the publisher would<br />
not, in our opinion, be called upon to furnish a<br />
detailed account of the items of whichit was made<br />
up, and the fact that the amount of such inci-<br />
dental expenses was arrived at by taking a<br />
percentage on the returns would not, in our<br />
opinion, of itself render the charge improper.<br />
<br />
Hersert H. Cozens-Harpy.<br />
_ J. Rot.<br />
Lincoln’s Inn, Dec. 9, 1893.<br />
<br />
<br />
<br />
II.—Coryricut or TRansiatTions oF Tousrot.<br />
<br />
The following letter appeared in the Times of<br />
March 9, 1894 :—<br />
<br />
Srr,—As the question of the rights of the<br />
publication and translation of one of Tolstoi's<br />
novels has recently been before the public, and as<br />
the matter is one of great interest to all persons<br />
connected with literature, the Society of Authors<br />
submitted the following questions to Mr. Blake<br />
Odgers, Q.C. :—<br />
<br />
“With reference to the general view,<br />
<br />
‘7, Whether publication of an original Russian<br />
work in England prior to publication in Russia,<br />
with the leave of the author, gives copyright to<br />
the publisher in the said original work?<br />
<br />
“2, Whether, if so published, it gives to the<br />
publisher under the Berne Convention the right<br />
of assigning the property in the translation of<br />
the said work?<br />
<br />
«3, Whether it is possible to secure any kind<br />
of copyright for the original or translation of a<br />
Russian work in England ?<br />
<br />
“With reference to the particular case,<br />
<br />
“4, Whether, where a Russian author avowedly<br />
disclaims any exclusive right in the publication<br />
of his works, it is possible to obtain copyright in<br />
any such work by prior publication in England or<br />
otherwise ?<br />
<br />
“5, Whether it is possible to obtain the ex-<br />
clusive right of translation of such a work under<br />
the same circumstances ? ”<br />
<br />
Mr. Blake Odgers’s opinion in answer to the<br />
above questions is as follows :—<br />
<br />
«4, Blm-court, Temple, E.C., March 2, 1894.<br />
<br />
“3. If a foreign author published in England<br />
an original work which has not previously been<br />
published elsewhere, he can now acquire English<br />
copyright therein in precisely the same way as if<br />
<br />
THE AUTHOR.<br />
<br />
he were a British subject. The language in which<br />
the book is written is immaterial, and so is the<br />
nationality of the author. Again, if the executor,<br />
administrator, or assign of a foreign author pub-<br />
lishes the book under similar circumstances he<br />
would also acquire English copyright. It was<br />
formerly considered necessary that the author<br />
should be temporarily resident somewhere in the<br />
British dominions at the date of publication.<br />
But since the Aliens Act of 1870 this is, m my<br />
opinion, no longer requisite. The subsequent<br />
production of the same book in the native<br />
country of the author would not affect rights<br />
already acquired in England.<br />
<br />
“But although a foreign author, or the<br />
executor, administrator, or assign of a foreign<br />
author, may thus acquire an English copyright in<br />
a book written in a foreign language, still he<br />
would not, in my opinion, acquire thereby any<br />
right to restrain or prohibit the publication in<br />
England of a translation of that book. Copy-<br />
right means ‘ the sole and exclusive liberty of<br />
printing or otherwise multiplying copies of any’<br />
composition, and a translation is not a copy, but a<br />
new production upon which ‘the translator has<br />
bestowed his care and pains.’ Moreover, the<br />
original and the translation are intended for diffe-<br />
rent classes of readers. The publication of the<br />
translation will not sensibly diminish the sale of<br />
the original, and is, therefore, I think, no infringe-<br />
ment of the copyright. I cannot say that the<br />
English law is clear on this point, but that ap-<br />
pears to me to be the better opinion. I note that<br />
Mr. Copinger takes the opposite view (3rd edition,<br />
page 238). The International Copyright Acts<br />
and the Berne Convention throw no light on the<br />
point, as they contain no provision applicable to<br />
the publication in the United Kingdom of a<br />
translation of any book originally published im<br />
England; nor (in the absence of any treaty<br />
between England and Russia) of any book origi<br />
nally published in Russia.<br />
<br />
“Tf Lam right, it follows that any number of<br />
persons may publish in the United Kingdom<br />
independent translations of any book first pub-<br />
lished in England or in Russia without the leave<br />
of the author or other owner of the copyright in<br />
the original. Each such translator can acquire<br />
copyright in his own translation, and will then be<br />
entitled to restrain any subsequent translator<br />
from copying it or making any unfair use of the<br />
results of his labour. But he cannot prevent any-<br />
one else from undertaking similar labour. The law<br />
does not, in my opinion, recognise the existence in<br />
England of any ‘authorised translation’ of a book<br />
which was first published here or in Russia.<br />
<br />
“1, So far I have dealt only with cases in which<br />
a book in a foreign language, hitherto unpub-<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
lished, is published in England by the author or<br />
by his executor, administrator, or assign. And<br />
by an ‘assign’ I mean some one to whom the<br />
anthor has consciously and intentionally trans-<br />
ferred some interest in the copyright in that book.<br />
Tf a man who is neither the author, nor his<br />
executor, administrator, or assign, publishes such<br />
a work in England he will acquire no copyright<br />
whatever therein, even though the author knew<br />
» of and consented to such publication: (Clementi<br />
as and others v. Walker, 2 B. & C. 861.) And it<br />
J) clearly follows that such a publisher will have no<br />
» exclusive right to translate that work or to pub-<br />
“| lish a translation of it in the United Kingdom.<br />
“2, Had the original work been first produced<br />
' im one of the foreign countries of the Copyright<br />
J Union, a publisher who was neither the author<br />
nor a ‘person claiming through the author,’<br />
' might possibly acquire the right to forbid un-<br />
authorised translations under section 2 of the<br />
Act of 1886 and section 3 of the Order in Council<br />
dated November 28, 1887. But neither section<br />
confers any such right in the case of a book first<br />
published in the United Kingdom or in Russia.<br />
“4.5. If a Russian author avowedly disclaimed<br />
» all exclusive right in the publication of his works,<br />
| knowing that he had such rights and intending<br />
' to divest himself thereof, then his works would<br />
become publict juris, and it would be impossible<br />
for anyone else to acquire copyright in any such<br />
»~ work by prior publication in England, or to<br />
lo obtain any exclusive right of translation. The<br />
4 ‘Berne Convention, while giving to ‘authorised<br />
7 translations’ the same protection as original<br />
works, expressly provides that ‘it is understood<br />
that in the case of a work for which the trans-<br />
lating right has fallen into the public domain,<br />
the translator cannot oppose the translation of<br />
the same work by other writers.’ At the same<br />
time I do not suppose that Count Tolstoi has<br />
consciously disclaimed any such right. By the<br />
law of Russia an author has no power to prevent<br />
anyone else from publishing a translation of his<br />
vy work, except in the case of a scientific work<br />
“© imvolving original research; and it has perhaps<br />
*@ never occurred to the Count that the law may be<br />
‘| different in other European States.<br />
“W. Brake OpcErs.”<br />
The statement by Count Tolstoi, published in<br />
‘7 this morning’s papers, appears to confirm the<br />
“8 assumptions of fact on which the case and<br />
‘0 opinions proceeded.<br />
I am, Sir, yours, &c.,<br />
F. Pottocr,<br />
Chairman of Committee of Management.<br />
The Society of Authors (Incorporated), 4,<br />
Portugal-street, Lincoln’s-inn-fields, W.C.,<br />
March 8.<br />
VOL. Iv.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
399<br />
<br />
II.—Resvutr or THE BERNE CONFERENCE.<br />
Vouga v. The Artistic Printing Union.<br />
<br />
This was an action, based upon the International<br />
Copyright Act, for infrmgement of copyright.<br />
The defendants pleaded a defence denying the<br />
plaintiffs copyright and also the infringement, but<br />
did not appear at the trial to defend the action.<br />
<br />
Mr. Willis Chitty (Mr, Pollock with him),<br />
for the plaintiffs, said the plaintiff was a Mme.<br />
Vouga, who traded as HE. Vouga and Co. For<br />
some time she had produced works of art which<br />
were largely sold to art schools, and were con-<br />
tained in a book called “ An Illustrated Catalogue<br />
of Fine Art Studies.” The plaintiff had regis-<br />
tered the copyright in her works of art in Switzer-<br />
land. By Article 2 of the Berne Convention<br />
authors of any of the countries of the union, or<br />
their lawful representatives, enjoyed in the other<br />
countries for their works the rights which the<br />
respective laws granted to natives. The enjoy-<br />
ment of those rights was subject to the accom-<br />
plishment of the conditions and formalities<br />
prescribed by law in the country of origin of the<br />
work, and did not exceed in the other countries<br />
the term of protection accorded in the country of<br />
origin. The defendants bought some of the<br />
plaintiffs pictures, sent them over to Germany<br />
to get copied and made up into fire-screens, which<br />
were sold for 1s., whereas Mme Vouga’s cost<br />
7s. 6d. He would read the defendants’ answers<br />
to interrogatories, which showed that the defen-<br />
dants had published 42,000 copies.<br />
<br />
Mme. Vouga was called, and said she painted<br />
the original designs, which were published in<br />
Switzerland. She had copyright in her works of<br />
art in Switzerland.<br />
<br />
Mr. Chitty said he asked for an injunction on<br />
account of all copies illegally dealt with, and<br />
damages or penalties, the penalty imposed by the<br />
Act (25 & 26 Vict. c. 68, s. 7) being £10 for each<br />
infringement,<br />
<br />
Mr. Justice WILLs gave judgment in the terms<br />
prayed for, and for £1000 damages in lieu of<br />
penalties. Execution to issue for £200 and costs,<br />
with leave to apply.— Times.<br />
<br />
<br />
<br />
IV.—A New Dancer.<br />
<br />
The following letter appears in the Atheneum<br />
of March 24 :<br />
<br />
A New Dancer For AUTHORS.<br />
<br />
As my attention has just been called to the fact that a<br />
little one-volume story is now being advertised for sale<br />
under the same title as that of one of my best-known novels<br />
(“ Victims,” published in three volumes by Messrs. Hurst<br />
and Blackett, after having run as a serial through All the<br />
Year Round, and still in constant circulation), I shall feel<br />
greatly obliged if you will allow me, through the valued<br />
medium of your columns, to warn the reading public that<br />
the volume in question is not, as they might readily suppose,<br />
<br />
112<br />
400<br />
<br />
a cheap edition of my novel; nor am I inany way connected<br />
with it, except in the character of the “ Victim,’ my title<br />
having simply been sold for the use to which it has been<br />
put by the parties into whose hands the copyright has un-<br />
fortunately fallen, without my knowledge or consent, and<br />
naturally to my great detriment and annoyance. Trans-<br />
actions of this sort, by reason of their very rarity, are not<br />
at present attended with any legal penalty. If they become<br />
common,. however, they will constitute a new danger for all<br />
authors who part with their copyrights, as well as a fraud<br />
on the public, who, expecting to buy a cheap copy of some<br />
favourite book, find themselves in possession of a work by<br />
an unknown writer, in whom, perhaps, they take no interest.<br />
I trust, therefore, that by giving publicity to the case in<br />
question you may be the means of saving some at least of<br />
my fellow writers, and the readers who appreciate them,<br />
from the risk of being ‘‘ victimized’ in similar fashion.<br />
THEO. GIFT.<br />
It is not quite apparent from the letter what<br />
has happened. In fact, the letter is anadmirable<br />
illustration of tte loose and airy manner in which<br />
authors too often express their grievances. We<br />
want to know, before the expression of any<br />
opinion is possible, (1) when Miss Theo. Gift’s<br />
book called “ Victims ” appeared in volume form ;<br />
(2) what rights she parted with, whether to<br />
Messrs. Hurst and Black-tt, or to anyone else ;<br />
(3) whether it has gone into a cheap edition; (4)<br />
if not, what she means by saying that it is in<br />
constant demand, for the circulation of a three-<br />
volume novel cannot be said to last for more<br />
than a year as a rule; (5) what is meant by the<br />
copyright having fallen into the hands of<br />
“ parties without my consent or knowlege?” For<br />
if an author sells his copyright to A. or to B.,<br />
he most certainly sells the power, which A. or<br />
B. acquires, of dealing with it as he pleases.<br />
Whether he sells the power of dealing separately<br />
with the title, ¢.e., of selling the title apart from<br />
the work, is a point which can only be dealt<br />
with after reading all the agreements in the<br />
ease. The point would seem to be whether a<br />
title is an inseparable part of the work or not.<br />
But the papers and correspondence in the case<br />
must first be read. No one would care to<br />
bring out a book called “Vanity Fair,’ or<br />
“ David Copperfield,” or “‘ Macaulay’s History of<br />
England.” On the other hand, if a publisher<br />
did not propose to bring out a cheap edition<br />
of a three-volume novel of which he held the<br />
copyright, seeing that without a cheap or new<br />
edition every three-volume novel must infallibly<br />
die or become scarce, why sbould he not grant or<br />
sell the right to use its title? Without further<br />
information one cannot understand the injury<br />
done to “Theo. Gift,” or the true nature of her<br />
complaint. If “Theo. Gift”? wants advice upon<br />
her case, let her send to the Secretary full parti-<br />
culars, with all the correspondence, agreements,<br />
and accounts, and she shall have a legal opinion<br />
from competent persons in her case for nothing.<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
V.—An AGREEMENT.<br />
<br />
The following were the terms of an agreement<br />
recently offered to an author:<br />
<br />
1. Kind of Book—A boy’s book; likely to have<br />
a large sale; in length, 40,000 words; proposed<br />
price, half-a-crown; to be illustrated, as boys’<br />
books commonly are, by half a dozen drawings<br />
“ processed.”<br />
<br />
2. Terms Proposed.—The author to advance<br />
£30 towards expense of production. After the<br />
sale of 500 copies, the author to be repaid £15 of<br />
his advance. After the sale of the next 500<br />
copies, the author to be repaid the rest of his<br />
advance. After the sale of 1500 copies, the<br />
author to receive a royalty of twopence in the<br />
shilling.<br />
<br />
In other words, the author was to take half the<br />
risk, and to receive nothing for the first 1500<br />
copies.<br />
<br />
Let us now work this out.<br />
<br />
We take the figures given in the ‘“‘ Cost of Pro-<br />
duction,’ p. 59.<br />
<br />
The book would make 1131 pages, or, with the<br />
illustrations, say, 128 pages, z.e,, eight sheets.<br />
<br />
(1) Cost of Production.<br />
<br />
£8 @<br />
<br />
Composition, 8 sheets, at £1 4s.<br />
psheet 4 9 12 O°<br />
Printing, at £1 a sheet ......... 8 oF<br />
Paper, at 16s. a sheet ............ 19 4 0<br />
Moulding, at 5s.asheet ...... 2.60 9<br />
* Binding, at 43d. a copy ...... 56 5 36<br />
Advertising (say) «.............. 15 0 0<br />
Illustrations (say) ............... 15 0 @<br />
124 £ 6<br />
(2) Trade Price——Generally ts. 6d. on a 2s. 6d.<br />
<br />
book.<br />
<br />
(3) Author’s Returns :<br />
a. After 500 copies, loss of £15.<br />
B. After 1000 copies, neither loss nor gain,<br />
y. After 1500 copies, neither loss nor gain.<br />
6. After 3000 copies, £31 5s.<br />
<br />
(4) Publisher’s Returns:<br />
a. After 500 copies :<br />
<br />
s. d. £ 6a<br />
Oost 124 1 0<br />
Repaid author 15 0 oO<br />
——139 1 Oo<br />
/ & 58. d,<br />
Advanced by<br />
author ...... 30. 6 0<br />
By sales ...... 87 10. @<br />
088 wi IL. 0<br />
—— 139 1 0<br />
<br />
<br />
<br />
* The cost of binding has advanced since the printing of<br />
the last edition of the *‘ Cost of Production.”<br />
<br />
<br />
<br />
<br />
<br />
<br />
THE<br />
<br />
8. After the next 500 copies.<br />
<br />
= Ss. dd:<br />
<br />
Loss carried<br />
<br />
down... phage axe.<br />
<br />
Repaid author 15 0 oO<br />
——— 8611 0O<br />
ase.<br />
<br />
By sales ...... 37 IO 0<br />
<br />
JHORS 6 i ie<br />
<br />
86.11 7.0<br />
y. After the third set of 500:<br />
ss d,<br />
<br />
Loss carried<br />
<br />
down ...... 491.0<br />
<br />
40,5 10<br />
Ss. od.<br />
By sales ...... 87 10 0<br />
FOSS 2 2 3 li, th 0<br />
<br />
49 1.0<br />
6. After the next 1500 copies :<br />
& sd.<br />
Losscarried on II II 0<br />
<br />
Paid to author 31 5 Oo<br />
<br />
iPrott 9) 69.14<br />
———I12 10 0<br />
os ds<br />
<br />
By sales [i2 16 0<br />
<br />
112 10 ©<br />
<br />
So, by this pretty arrangement the publisher<br />
gets more than twice the author.<br />
<br />
But suppose the book becomes popular, and a<br />
second edition of 3000 is called for and taken up.<br />
Thus we have the following as the<br />
<br />
Cost of Production :<br />
<br />
as od<br />
Stereotyping at 8s.a sheet... 3 4 0<br />
Printing 80 70<br />
PAPO boa 19 4.0<br />
Binding 56.56<br />
Advertising 5. O20<br />
Gl 13. 0<br />
And the account will show as follows :<br />
Second edition of 3000 copies<br />
os ed:<br />
Cost of production g1 13 0<br />
Author’s royalty... 62 10 0o<br />
Publisher’s profits. 70 17 0<br />
————225 0 0<br />
8. d.<br />
By sales, 3000 copies<br />
ab isd. 6.2. 225° 0 ©<br />
225 0 6<br />
<br />
So that, on the whole sale of 6000 copies the<br />
publisher, according to these figures, gets a profit<br />
of £140 11s.,and the author a profit of £93 15s.<br />
In other words, the administration of property<br />
<br />
AUTHOR.<br />
<br />
401<br />
<br />
producing £234 6s., gives to one partner—if they<br />
are partners—£47 more than to the other; and<br />
to the agent or administrator, £47 more for his<br />
services than it gives the producer and proprietor.<br />
<br />
————re<br />
<br />
BOOK-TALK.<br />
<br />
VERY reader of the synthetic philosophy<br />
will be glad that Mr. Spencer has sanc-<br />
tioned the publication of a small selection<br />
<br />
of aphorisms or sentences from his numerous<br />
volumes, which have been chosen and arranged<br />
by Miss Gingell. The work consists of eleven<br />
sections, dealing with education, evolution, science,<br />
sociology, politics, justice, liberty, truth, and<br />
honesty, sympathy, happiness, self control, &c.,<br />
which is a very comprehensive programme.<br />
Under education there are over thirty extracts,<br />
though all are not from Mr. Spencer’s widely-<br />
known work of that name, sentences from ‘“‘ The<br />
Social Statics,” “The Principles of Sociology,” and<br />
“The Study of Sociology,” are alsoadmitted under<br />
this head. Lovers of reading will at once search<br />
to see what part in education literature is to<br />
play, and we must not blink the fact that, except<br />
in the sense of scientific literature, it plays no<br />
part at all. Here, for instance, is one passage :<br />
<br />
Reading is seeing by proxy—is learning indirectly through<br />
another man’s faculties, instead of directly through one’s<br />
own faculties; and such is the prevailing bias, that the<br />
indirect learning is thought preferable to the direct learn-<br />
ing, and usurps the name of cultivation (p. 8).<br />
Which seems entirely to agree with what another<br />
philosopher has said on the same subject, to<br />
quote Mr. Bailey Saunders’s translation of Scho-<br />
penhauer :<br />
<br />
The artificial method (of education) is to hear what other<br />
<br />
people say,to learn to read, and so to get your head crammed<br />
full of general ideas before you have any sort of extended<br />
<br />
<br />
<br />
<br />
<br />
‘acquaintance with the world as it is, and as you may see it<br />
<br />
for yourself.<br />
mind.<br />
<br />
Further, we shall see that letters are ranked as<br />
almost entirely ornamental, or at least are classed<br />
for their utility as far below science. Again,<br />
from “The Principles of Ethics” is given this<br />
hard saying :<br />
<br />
Nearly all are prone to mental occupations of easy kinds,<br />
or kinds which yield pleasurable excitement with small<br />
efforts; and history, biography, fiction, poetry, are in this<br />
respect more attractive to the majority than science—more<br />
attractive than that knowledge of the order of things at<br />
large which serves for guidance.<br />
<br />
Tn the face of such astatement, it seems difficult<br />
to understand how those who have tried to com-<br />
bine work and pleasure by yielding to the popular<br />
demand for romance—romantic history and<br />
biography, poetry or novels, could defend their<br />
<br />
So it is that education perverts the<br />
402<br />
<br />
position. On the other hand, one comes across<br />
another xphorism which, whether so intended or<br />
not, seems to justify, or might be made to justify,<br />
both the writing and the reading of all forms of<br />
romance. The last quotation under “ education ”’<br />
18:<br />
<br />
Whatever moral benefit can be effected by education must<br />
be effected by an education which is emotional rather than<br />
intellectual. If in place of making a child wnderstand that<br />
this thing is right, and the other wrong, you make it feel<br />
that they are so you do some good.<br />
<br />
Why should we be expected to put aside, as<br />
matter merely for amusement, poetry and its ally,<br />
romantic prose, which appeal to our feelings more<br />
than to our intellect? We should think that<br />
through them the desired emotional education<br />
could most readily be brought about. And,<br />
besides, as long as the knowledge of certain<br />
subjects—let us say especially history—has even a<br />
conventional value in social life, surely parents<br />
are justified in giving some of it to their children.<br />
The wish that these latter should not feel ignorant<br />
and awkward in such society as they will probably<br />
get does not appear to be entirely an unreasonable<br />
one.<br />
<br />
The other selections in this work are all calcu-<br />
lated to send us back to the original volumes to<br />
see the connection of the various thoughts—<br />
especially as they are so much at variance, nay,<br />
even at war, with those doctrines of socialism<br />
which, in spite of the most earnest endeavour to<br />
believe in individualism, meet us at every turn in<br />
current literature. We are bound to pass over<br />
them in order to consider a statement which is so<br />
intimately connected with much that is discussed<br />
each month in our pages. From “ Social Statics ”<br />
is given the following:<br />
<br />
That a man’s right to the produce of his brain is equally<br />
valid with his right to the produce of his hands is a fact<br />
which has yet obtained but very imperfect recognition.<br />
Recognition of the right of property in ideas is only less<br />
important than the recognition of the right of property in<br />
goods.<br />
<br />
We learn from the valuable list placed at the<br />
end of the book that 1850 is the date of the<br />
publication of “Social Statics.”” We may say that<br />
since that date the right of property in ideas has<br />
been freely discussed, and, whether more gene-<br />
rally accepted or not, is certainly very tenaciously<br />
held by those who hold it at all. Unfortunately,<br />
there are those who seem to think that these<br />
“rights” are created by statute, and they are<br />
tempted to condemn individualistic methods of<br />
asserting them. Take, for instance, Count<br />
Tolstoi’s recent method of publication. Accord-<br />
ing to the Daily Chronicle, he refused to derive<br />
any pecuniary benefit from his latest work “The<br />
Kingdom of Heaven is Within You.’ The compe-<br />
tition for its publication by rival firms here was<br />
<br />
<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
very keen (which is evidently an advantage to the<br />
buyer), and socialism would say that the author<br />
was bound to have availed himself of such means<br />
as the law would give him to profit by the sale,<br />
if only for the sake of others. But it is really<br />
only a happy illustration of the natural truth of<br />
individualism, when the writer who is looked<br />
upon as the most influential teacher of a mixture<br />
of Christianity and Communion, or even Anarchy,<br />
by his Quixotic action shows that he has an abso-<br />
lute right to do what he likes with the product of<br />
his own brain.<br />
<br />
It is pleasant to turn from Count Tolstoi to<br />
an historic example of individualism and the<br />
struggles for intellectual freedom by one man<br />
now once more retold by the Bishop of Peter-<br />
borough in his fifth volume of the “ History of<br />
the Papacy at the Time of the Reformation.”<br />
The volume deals with the German revolt and<br />
the rise of Luther, so that, as may readily<br />
be supposed, it is a volume of especial interest.<br />
The method is such that we have clearly<br />
brought home to us that it was the effect of<br />
the New Learning or Humanity in Germany,<br />
as the first chapter is styled, which made the<br />
Reformation possible. And when this learning<br />
came in contact with a religious mind—such as<br />
Luther’s was—the old respect for an institution<br />
went down before the sympathy with a living<br />
man with his new ideals and his courageous<br />
action.<br />
<br />
Ecclesiastical bias apart, when, as nowadays,<br />
the teachings and actions of those who call them-<br />
selves “individualists”’ are so much decried, the<br />
successful struggle of an individual against<br />
tyranny, even in the sphere of religion, has ‘a wider<br />
interest than the substitution of one theology for<br />
another. It will serve to remind us that the<br />
crusade against stifling institutions need never to<br />
be abandoned. Here is the Bishop’s description<br />
of the state of things:<br />
<br />
By peremptorily disregarding the right of the individual<br />
to exercise his freedom within lawful limits, the Papacy<br />
outraged German opinion, and led toa new development of<br />
theology, which on the ground of Christian liberty chal-<br />
lenged the current claims of authority.<br />
<br />
It is for us to notice to-day, that while theology<br />
may rightly be considered a science, the means<br />
that the religious have of disseminating opinion<br />
and inculcating practice are all rather in the sphere<br />
of letters. Eloquence in the pulpit, on the plat-<br />
form, and in the religious press, are all subject to<br />
literary criticism. Even the religious services, or,<br />
at least in the main parts, the words of prayer<br />
and praise, are repetitions of certain forms of<br />
literature. Macaulay compared Milton’s sonnets<br />
to the collects in our Prayer-book, and Arnold<br />
has criticised hymns—Hnglish, German, medieval<br />
<br />
<br />
<br />
<br />
<br />
Latin, to the advantage of the last—but thus<br />
indirectly showing that they cannot escape criti-<br />
cism because they are religious. We have a<br />
right then, to consider Luther as an individualist<br />
in the sphere of letters, refusing obedience to<br />
authority, and teaching such doctrines as his own<br />
experience seemed to him to have confirmed. Most<br />
of us take our knowledge of Luther from Hazlitt’s<br />
translation of Michelet, and perhaps from Sir<br />
James Stephen’s essay. Michelet has a passage<br />
in the preface to his work which is conclusive :<br />
“Tt is not therefore inexact to say that Luther<br />
was, in point of fact, the restorer of liberty to the<br />
ages which followed his era. The very<br />
line I here trace, to whom do I owe it that Tam<br />
able to send them forth if not to the liberator of<br />
modern thought?” Let us then note the attitude<br />
of Luther before the Diet of Worms, so far as<br />
his writings were called in question. Bishop<br />
Creighton writes (p. 150):<br />
<br />
Then he (Luther) was asked if he acknowledged the<br />
authorship of the books published in his name, and if he<br />
was willing to withdraw them and their contents. Luther<br />
acknowledged the books, but, in consideration of the gravity<br />
of the responsibility involved, asked time for deliberation<br />
before he answered the second question.<br />
<br />
The next day he was ready with his answer.<br />
His books, he said, fell into three classes. The<br />
first dealt with faith and morals, the second<br />
were directed against Papal laws and Papal<br />
tyranny, and the third against partisans of the<br />
Pope—and he could not revoke them.<br />
<br />
Yet, as he was a man and not God, he was willing to be<br />
convinced of his error by the testimony of Scripture, and if<br />
so convinced would cast his book into the flames.<br />
<br />
And what Luther did then has been going on<br />
ever since. For his appeal was to original docu-<br />
ments, and the examination of such documents,<br />
whether in religious or secular history, has, equally<br />
with the teachings of science, tended to weaken the<br />
claims of any authority to teach us what we are<br />
to believe. J. W.-8:<br />
<br />
Sec<br />
<br />
NOTES AND NEWS.<br />
<br />
HE legacy to the Society of which Sir<br />
ay Frederick Pollock spoke at the General<br />
Meeting, is a sum of money, together with<br />
<br />
the MSS. of the testator, and the consition of<br />
publishing these MSS., or some portions of them,<br />
in case they appear to the committee, from<br />
whose opinicn there is to be no appeal, wortby of<br />
publication. The MSS. have been received, and<br />
will be considered by the committee without<br />
delay.<br />
<br />
<br />
<br />
<br />
<br />
I hope that all readers of this paper will study<br />
very carefully the opinions of Mr. Cozens-Hardy,<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
<br />
<br />
403<br />
<br />
Q,C., and Mr. James Rolt on the subject of secret<br />
profits obtained by falsifying the cost of produc-<br />
tion, and by charging for advertisements not<br />
paid for. An account of this kind can be re-<br />
opened at any time, although it has been accepted<br />
by the author. Those who have recently received<br />
accounts on a profit-sharing agreement will do<br />
well to submit them for advice to the Secretary.<br />
They must, at the same time, forward the agree-<br />
ment and a copy of the book, both of which will<br />
be returned.<br />
<br />
<br />
<br />
<br />
<br />
Monsieur le Marquis de<br />
(1780-1793).<br />
Mémoires Inédits Recueillis par<br />
Walter H. Pollock.<br />
(Remington and Co.)<br />
<br />
With noble mien and lordly look,<br />
<br />
The Marquis sits within his book.<br />
<br />
In letters black and letters red,<br />
<br />
The Marquis steps with measured tread.<br />
With margin wide to grace his page,<br />
<br />
The Marquis occupies the stage.<br />
<br />
The bawling mob, the kennel crew,<br />
<br />
That pour and roar the wide street through,<br />
The Marquis lifts his head to hear<br />
<br />
With proud disdain and silent sneer.<br />
Outside—but not within these leaves—<br />
They bawl, this scum of drabs and thieves,<br />
“ Death to the Marquis!” Calm and proud<br />
He goes to meet the murderous crowd.<br />
<br />
Nor goes alone. With courteous air<br />
<br />
He leads the Marchioness to share<br />
<br />
The curses of the rabble rout,<br />
<br />
The lifted axe, the savage shout.<br />
<br />
The pike triumphant with his head—<br />
<br />
These be the memoirs edited.<br />
<br />
If dainty words and dainty dress,<br />
<br />
And page of dainty loveliness,<br />
<br />
And dainty cover, dainty print,<br />
<br />
Don’t make a dainty book, the Devil’s in’t.<br />
<br />
<br />
<br />
At the general meeting of the members on<br />
Monday, the 19th, an informal and rather desul-<br />
tory discussion was held on the advisability of<br />
publishing a list of members. The chairman,<br />
Sir Frederick Pollock replied, leaving the matter<br />
open to discussion. It was, however, suggested<br />
that members themselves should be invited to<br />
forward their opinions to the Editor of the Author.<br />
The question is, then, whether the names of the<br />
members should be published. It has been con-<br />
sidered by the committee, who resolved that the<br />
list should not be published. But the question<br />
can, in the chairman’s opinion, be re-opened.<br />
The following are the points to be considered :<br />
<br />
1. The position of members, with regard to the<br />
Society, is, or may be, of a confidential character.<br />
The Society acts as a solicitor—its secretary is a<br />
solicitor—and advises its members, #.e., its clients,<br />
on matters perfectly private and confidential.<br />
404 THE AUTHOR.<br />
<br />
2. A solicitor does not publish a list of his<br />
clients.<br />
<br />
3. Men in business or practice of any kind<br />
do not publish the names of their advisers.<br />
<br />
4. A large number of the most distinguished<br />
writers is shown as members every year by the<br />
publication of the list of stewards who give their<br />
names for the annual dinner.<br />
<br />
5. The list of council also shows that the<br />
Society is thoroughly representative.<br />
<br />
6. It has been found by certain members<br />
politic, for reasons which need not be set forth,<br />
to conceal their membership. Among these are<br />
the younger members who are not yet sufficiently<br />
assured of their position in the profession of<br />
letters. To announce the publication of the list<br />
would be an invitation to them to withdraw from<br />
the Society.<br />
<br />
7. It isalso certain that many members have<br />
joined, not because they hope for material advan-<br />
tages for themselves, but because they desire to<br />
help others not so independent. Some of these<br />
would certainly withdraw.<br />
<br />
8. Many have joined on the distinct assurance<br />
by the secretary that their names would not be<br />
published. This pledge must be kept, whatever<br />
the opinion of the rest may be.<br />
<br />
These considerations should be borne in mind<br />
before answering the question “ Should the list of<br />
members be published ?”<br />
<br />
<br />
<br />
The Chairman announced at the general meet-<br />
ing the fact that eighty-five persons have sent in<br />
their names for election since the beginning of<br />
the year. This should make the numbers amount<br />
to over 1300. But itis never possible to give the<br />
exact number of members, because there is always<br />
a fringe of uncertain members, who drop off for<br />
one cause or another, generally to the extent of<br />
four or five per cent. The numbers are mounting;<br />
if our members, now that they do feel confidence<br />
in our work and aims, would lend personal assis-<br />
tance, we should double our numbers very<br />
quickly,<br />
<br />
<br />
<br />
Concerning the interview trouble. A correspon-<br />
dent, “L.8.,” writes an expostulation. He says<br />
that, “there are competent newspaper men<br />
engaged in this branch of journalism.” Very<br />
likely. He says, further, that in many cases “an<br />
article, involving more than a mere superficial<br />
discourse, would entail upon an expert the expendi-<br />
ture of much more time and work than would a<br />
light, chatty interview.” True; but suppose the<br />
expert wished to write that article himself, and<br />
lived by writing such articles. However, I must<br />
acknowledge that, in all my experience of inter-<br />
viewing, I have never had to complain until a<br />
<br />
recent case in which there was a deliberate breach<br />
of faith—viz., a proof was promised, but when it<br />
was sent the editor actually did not wait for the<br />
revise! I have generally had a proof, and I have<br />
generally found little to alter. Still, I stick to<br />
my text. Always stipulate for a proof.<br />
<br />
——<br />
<br />
Something novel for collectors. In New York<br />
they are said to be collecting the monthly adver-<br />
tising posters of Harper's, the Century, and<br />
Scribner's magazines. “I am told,” says the<br />
“Lounger” in the New York Critic, “that you<br />
can no longer get back numbers of the coloured<br />
posters of either Harper’s or Scribner’s, as ‘ col-<br />
lectors’ have exhausted the market.” Would<br />
American collectors kindly turn their attention to<br />
the coloured posters on our railway stations ?<br />
<br />
<br />
<br />
The following advertisement appears in the<br />
Times of Monday, March 12 :-—<br />
<br />
A UTHORS, Poets, Artists, &c., wishing their work to<br />
<br />
appear in a new monthly should send for PARTICU-<br />
<br />
LARS (without specimens) ; also all who wish an interview<br />
<br />
or biographical notice (with photo) to appear in the same<br />
<br />
magazine should write (stamped address in all cases) X. Y.,<br />
6, Peckham-rye, London.<br />
<br />
A certain curious person, answering it, received<br />
the following communication in reply :—<br />
<br />
“THE WEST-END MAGAZINE.”<br />
A High-class Illustrated Family Paper.<br />
Price 6d. Monthly.<br />
19, Raul-road, Peckham, 8.E., March 13.<br />
<br />
Dear Srr,—The new monthly will be called the West<br />
End Magazine, and will be issued at 6d. Iam reserving a<br />
few pages for outside contributions, for which, however, no<br />
payment will be made ; and if a production be used I expect<br />
the author will purchase a few copies. In this way I hope<br />
to have the pleasure of introducing any latent talent there<br />
may be about into the literary world. If you could sendan<br />
article or story (500 to 1000 words) or a piece of poetry<br />
(thirty lines) I should be most pleased to consider it, and to<br />
let you know at once if I can use it. In the case of artists,<br />
in addition to taking a few copies, they would be obliged to<br />
pay the cost of making the block (from 5s. to 30s.). In case<br />
of artists I should print their names at foot of picture, and<br />
give them a little notice, if the picture were large enough.<br />
I should esteem it a great pleasure to insert a short<br />
biographical notice, as U believe people are always inte-<br />
rested in this kind of reading. My fee is 5s. without<br />
photo block, and £1 if I have to get a block made. The<br />
block, after I had used, would be sent to you. I presume,<br />
of course, you would kindly take a few copies at 6d. each.<br />
Trusting to have the pleasure of a reply, I have the<br />
honour to remain—Yours very truly, A. J. CHRIMES.<br />
<br />
I see no reason whatever for withholding<br />
publicity from the name and the address of the<br />
writer. Nor do I make any doubt that he will<br />
receive a great many letters and a fair number of<br />
people who will accept his offer. He says,<br />
frankly, “ I shall pay you nothing; I shall expect<br />
you to take a few-copies.” It is not the first<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
ty<br />
iF<br />
<br />
THE AUTHOR. 405<br />
<br />
time that such a proposal has been made or such<br />
a magazine carried on. It is, however, desirable<br />
that all the world should know how the West End<br />
Magazine is conducted, so that the authors can<br />
go about proudly owning that they have paid for<br />
the appearance of their articles by buying twenty,<br />
thirty, or even, perhaps, a hundred copies; that the<br />
flattering biography and portrait were cheap at a<br />
pound ; and the artist can, in the same way, and<br />
by the promulgation of the same truths, bring<br />
equal glory upon his honourable name.<br />
<br />
<br />
<br />
Collectors of first editions and _ other<br />
millionaires will perhaps be glad to possess the<br />
following, which is extracted from a secondhand<br />
book catalogue, and purports to be a complete<br />
list of Mr Norman Gale’s works from the<br />
beginning. The set may be had for the con-<br />
temptibly low figure of 50 guineas net. The<br />
envious crowd, livid and green, of authors whose<br />
first editions are worth no more than three shillings<br />
and sixpence may ask themselves if Mr. Norman<br />
Gale’s work is already worth so much, what it<br />
will be worth when his nine years of production<br />
have become forty-nine. I have seen first editions<br />
of a novelist, who shall be nameless, quoted at<br />
half-a-crown, and that novelist, I am told, can<br />
no longer look into the twopenny box from which<br />
of old he has extracted treasures, for fear of find-<br />
ing some bid for immortality of his own.<br />
Capricious are the gifts of fortune. So young a<br />
man—as yet so small a poet—in bulk, I mean—<br />
and yet already valued at 50 guineas net !<br />
<br />
CoMPLETE Sut oF NORMAN GALE’s WORKS.<br />
PRIVATELY PRINTED AND PUBLISHED.<br />
Unleavened Bread, 1885 1 Only 4 or 5 copies of each of<br />
<br />
Primulas and Pansies, 1886 these are known.<br />
Marsh Marigolds, 1888, royal 8vo., 60 only printed,<br />
numbered, and signed “ Aura.”<br />
Anemones, 1890, royal 8vo., 60 only.<br />
Meadowsweet, n.p. [1889], pott. 8vo0., 50 only numbered<br />
and signed.<br />
Thistledown, 1890, pott. 8vo. 40 only, in case,<br />
Thistledown Essays, cr. 8vo., LARGE PAPER ed. of above, 22<br />
only numbered and signed, in case.<br />
Cricket Songs and other trifling verses, 1890, post 8vo., 80<br />
only.<br />
Do. Do.<br />
only.<br />
Violets, n.p. [1891], pott. 8vo., etching by Herbert Dicksee,<br />
55 only numbered and signed. in case.<br />
Violets, cr. 8vo., LARGE PAPER etching in duplicate, 25<br />
only, numbered and signed, in case.<br />
Gorillas, n.p. [1891], pott. 8vo., 60 only.<br />
Prince Redcheek, N.p. [1891], pott. 8vo., 50 only.<br />
Country Muse, 1892, pott. 8yvo., 500 only.<br />
Do. do. New series, 1892, post 8vo.<br />
Do. do. do. LARGE PAPER, demy ‘8yo. > 75<br />
only.<br />
June Romance, 1892, 12mo., 80 only.<br />
Do. do. demy 12mo., LARGE PAPER with auto-<br />
<br />
LARGE PAPER, 20<br />
<br />
graph lyric by the author inserted, 23 only numbered<br />
and signed, in case.<br />
Fellowship in Song, 1893, pott. 8vo., 310 only, in case.<br />
<br />
Do. do. Large cr. 8vo., LARGE PAPER, 50<br />
only.<br />
Orchard Songs, 1893, fep. 8vo.<br />
Do. WHATMAN PAPER, 150 only, bound in<br />
<br />
English vellum.<br />
<br />
<br />
<br />
Of the younger American poets we know next<br />
to nothing; they do not send their verses to our<br />
magazines, only ‘by chance we hear, now and then,<br />
of Woodberry, Eugene Field, Gilder, Riley,<br />
Louise Chandler Moulton, and so many others,<br />
recognised across the water. Now and then one<br />
or other of them is kindly and gracefully held up<br />
to derision in one or other of our papers; it is<br />
seldom that journalist or critic takes the trouble<br />
to read American verse, and to treat American<br />
poets with courtesy. This is not well done; we<br />
should be ready with recognition ; we should even<br />
exaggerate recognition, just as we exaggerate the<br />
pleasure of receiving a friend. These courtesies<br />
are simple things; they may be taken for what<br />
they are worth; yet they help to maintain good<br />
feeling. This paper is not a review, but one may<br />
call attention to things. Now, there is a singer<br />
from the Ohio Valley; his name is Piatt; he has<br />
gathered his poems together, and has published<br />
them in New York and in London. (Idylls of<br />
the Ohio Valley. Longman.) Iventure toask of<br />
those who read poetry to give consideration to this<br />
new comer; a recognition of the qualities in him.<br />
There are many kinds of poetry; place him in<br />
his class; it is the simpler class which, at its<br />
highest, becomes, through its very simplicity,<br />
the most subtle; and read him without the pre-<br />
judice with which for some reason or other<br />
American writers of imagination seem to be<br />
generally approached by English critics. I<br />
venture to quote a few verses from a poem called<br />
“ Sundown ” :—<br />
<br />
On many a silent circle blown,<br />
The hawk, in sun-flushed calm suspended high,<br />
With careless trust of might<br />
Slides wing wide through the light—<br />
Now golden through the restless dazzle shown,<br />
Now drooping down, now swinging up the sky.<br />
<br />
Wind worn along those sunburnt gables old,<br />
The barns are full of all the Indian sun,<br />
In golden quiet wrought<br />
Like webs of dreamy thought,<br />
And in their winter shelter safely hold<br />
The green year’s earnest promise harvest won,<br />
<br />
With evening bells that gather low or loud,<br />
Some village, through the distance, poplar bound,<br />
On meadow silent grown,<br />
And lanes with crisp leaves strewn,<br />
Lights up one spire, aflame, against a cloud<br />
That slumbers eastward, slow and silver crowned.<br />
<br />
—_—<br />
<br />
<br />
406<br />
<br />
Whether there is promise in the young<br />
American poets or not, there is most certainly the<br />
richest possible promise in the young English<br />
poets—Watson, Le Gallienne, Norman Gale,<br />
Francis Thompson, and one or two more—it may<br />
be called performance as well as promise, but one<br />
would be sorry to think that the little dainty<br />
volumes of their verse represent them at their<br />
highest and best. At present they are all in the<br />
stage of short poems—six pages is the utmost<br />
they dare attempt as yet. One would not go so<br />
far as to say that the short poem may not be as<br />
worthy of a great poet as a long poem; but we<br />
want a long poem, if only to revive and encourage<br />
and extend the taste for reading poetry. No long<br />
poem has been written by any poet younger than<br />
Swinburne. Great thoughts come to those who<br />
treat of great subjects; to Tennyson, his noblest<br />
thoughts came when he meditated upon Death<br />
and his lost friends. What great subjects are<br />
left? All; because to every generation, every<br />
ambition, every passion, every emotion, every<br />
suffering is new and fresh, and may be treated by<br />
its own poets.<br />
<br />
The following announcement appeared in the<br />
Times of Saturday, March 17 :—<br />
<br />
Professor John Robert Seeley, M.A., has been made a<br />
Knight Commander of the Order of Saint Michael and Saint<br />
George. He was educated at the City of London School<br />
and Christ’s College, Cambridge, whence he took his degree in<br />
1857, being bracketed with three others at the head of the<br />
first class in the classical tripos. He was also Senior Chan-<br />
cellor’s Medallist. In the following year he was elected a<br />
Fellow of his college, subsequently becoming principal clas-<br />
sical assistant at his old school. In 1863 he was appointed<br />
to the Professorship of Latin in University College, London,<br />
and in 1869 the Queen on the advice of Mr. Gladstone<br />
nominated him to the Professorship of Modern History at<br />
Cambridge. He was elected to a professorial fellowship at<br />
Gonville and Caius College in 1882. It is an open secret<br />
that Professor Seeley is the author of ‘“‘Ecce Homo: a<br />
Survey of the Life and Work of Jesus Christ,’ which first<br />
appeared anonymously in 1865, though 1866 is the date on<br />
the title-page. This book caused great excitement at that<br />
time among the various Protestant communities, and many<br />
replies to it were published. But Professor Seeley has no<br />
doubt received the great colonial order as a recognition of<br />
his Imperial sympathies. His “Expansion of England,”<br />
1883, has had considerable popularity. Among his other<br />
works may be mentioned “ Natural Religion,” 1882, “ Clas-<br />
sical Studies as an introduction to the Moral Sciences,”<br />
1864, an edition of Livy, with an introduction and historical<br />
examination, 1871, ‘‘ Life and Times of Stein,” 1879, “A<br />
Short Life of Napoleon the First,” 1885, and “ Greater<br />
Greece and Greater Britain,’ 1887. Professor Seeley has<br />
also frequently contributed to various reviews articles on<br />
oo method of history and the place of history in educa-<br />
<br />
on.<br />
<br />
It is perhaps satisfactory, because every step in<br />
advance, however short, is satisfactory, but it is<br />
rather humorous, to find a great leader in literature<br />
<br />
recognised as an equal to the Governor of Tobago,<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
the Premier of Queensland, or the Chief Justice<br />
of Turk’s Island. The man who taught the<br />
English-speaking race for the first time the<br />
meaning of the British Empire; the man who<br />
put new life into the chief religion of the world;<br />
the man who has laid bare the secret of Germany’s<br />
power, confers distinction upon any order that<br />
may be bestowed upon him. There is no reason<br />
why the greatest men of the country, those to<br />
whom the nation owes most, should be appointed<br />
to one order more than to another. But when<br />
such men are rewarded (?) by such titles, those<br />
national distinctions should be bestowed which<br />
are considered the highest, and not the lowest.<br />
Certainly the name of John Robert Seeley will<br />
live long after most of the present Knights of<br />
the Garter are forgotten.<br />
<br />
<br />
<br />
A note from the Daily Chronicle. It published<br />
an estimate, some time ago, of the National Book<br />
Bill—two estimates, in fact, by two publishers ;<br />
one of these estimates made up the total to<br />
£6,250,000; the other to £4,600,000. I am re-<br />
minded of these estimates by a statement made in<br />
the year 1835 that the book bill of 1833 amounted<br />
to £415,300. So that we have multiplied the<br />
book bill, taking the larger estimate, by fifteen.<br />
Our own population has increased in the same<br />
period by 75 per cent., without counting Australia,<br />
New Zealand, India, Canada (which does very little<br />
for us in books), and the other colonies. The<br />
enormous increase in the book bill is due mainly<br />
to the spread of education. For one reader in 1833<br />
there are now twenty, and the number increases<br />
daily. By such figures as these we may form<br />
some conception of what the National Book Bill<br />
is likely to become in twenty years. All other<br />
professions and callings and trades tend to a<br />
smaller income due to increased competition ;<br />
the profession of literature alone will become,<br />
year after year, greater in position, greater in<br />
authority, greater in the prizes—the vast prizes<br />
of honour as well as of wealth—which will then<br />
belong to the successful. The unsuccessful will<br />
always be able to cheer their souls with the fact<br />
that popular success is not always given at first to<br />
the best writers.<br />
<br />
<br />
<br />
Count ToOLSTOI AND HIS PUBLISHERS.<br />
~The Editor of the Daily Chronicle.<br />
Srr,—I beg you to find room in your paper for the<br />
following declaration. Some years ago a notice was made<br />
<br />
by me in the Russian Press to the effect that, as I do not<br />
consider it right on my part to receive money for my<br />
literary work, I therefore grant the right, without any<br />
exception or difference, to all who wish to print or reprint,<br />
in the original or from translations, in their entirety or in<br />
the newspapers, my works that have appeared or are about<br />
to appear, commencing from the year 1881.<br />
<br />
<br />
<br />
<br />
THE AUTHOR. 407<br />
<br />
Notwithstanding this intimation made by the writer, and<br />
which has probably not reached the French, English, and<br />
German publishers abroad, I frequently receive letters<br />
offering to print in journals for a stipulated payment,<br />
together with the request to give this or that publishing<br />
firm the exclusive right of publishing.<br />
<br />
There are even instances when certain publishers ascribe<br />
to themselves this exceptional right, and contest it with<br />
others; as this has now occurred in England between the<br />
firms of Heinemann and Walter Scott, and in Germany<br />
between publishing firms in Munich and Stuttgart.<br />
<br />
In view of these misunderstandings, I again declare that I<br />
do not give anyone the exclusive, or even the preferential,<br />
right of publishing my works, and translating from them—I<br />
offer it indiscriminately to all those publishers who find the<br />
publication of my works or their translation desirable.<br />
<br />
Leo To.usTot.<br />
<br />
Count Tolstoi has a perfect right to do what<br />
he pleases with his property. It pleases him to<br />
give it to the publishing trade. Perhaps he thinks<br />
that he is thus giving it to the world. This is<br />
exactly as if the owner of a vineyard at Chateau<br />
Lafitte were to give his wine to any merchant who<br />
chose to sell it. We are obliged to give our<br />
property, after the legal term of copyright, for<br />
nothing at all, to publishers. If we give it for<br />
nothing before the legal term we may imagine<br />
that we are conferring a very magnificent benefit<br />
upon the world at large, but we are merely<br />
enriching a certain class. Suppose that Count<br />
Tolstoi’s work produces, say, £3000 a year, which<br />
is the wiser course—to give this money to those<br />
who sell the work in order to make them rich,<br />
or to use it for some useful purpose? In the<br />
former case the Count simply helps forward<br />
the very thing against which, as I under-<br />
stand it, his teaching is always directed—the<br />
accumulation of wealth. In the latter case he<br />
might at least alleviate the lot of those whose<br />
lives and work have been used up in making<br />
others rich—say the company of martyrs who<br />
produce literature.<br />
<br />
For more than two months there has been lying<br />
before me a paper cut from the Daily Chronicle<br />
on the subject of the cost of printing in Holland.<br />
The figures quoted show that printing can be done<br />
in Holland at a price far below that estimated in<br />
our “Cost of Production.” Very soon after that<br />
book was published a Dutch printer called upon<br />
our secretary, and stated that he was willing to<br />
print as many books as we would give him at a<br />
cost of 10 per cent. less than the figures in that<br />
book. It has never been the desire of the Society<br />
that printing should be cheap—more than any<br />
other class, writers should be interested in help-<br />
ing all those who work to obtain fair wages,<br />
because the circulation of their work depends on<br />
the general prosperity, not the enrichment of a<br />
few; therefore nothing was said about that<br />
Dutchman or his offer. It now appears that<br />
<br />
he, or some other, has issued a pamphlet in<br />
which his prices are placed side by side with those<br />
of our estimate. And it is stated, whether rightly<br />
or wrongly, that some publishers are sending their<br />
books to Holland. Now, we must remember that<br />
sending work out of the country means so much<br />
lowering of the general prosperity. If a single<br />
man is thrown out of work by the sending abroad<br />
of the work he should have done at home, that<br />
man with his family has to be kept ; he and his<br />
arealog; we have to deny ourselves something—a<br />
book, perhaps—in order to keep that man and his<br />
family alive. The Daily Chronicle suggested<br />
that every book so printed should be distinctly<br />
marked “ Printed abroad.” I hope that the idea<br />
will not be lost. If we could get this done, the<br />
next step—to awaken public interest in the matter;<br />
to make authors themselves act ; to make book-<br />
sellers act—would be easy. I commend the sub-<br />
ject to the attention of the Society of Compositors.<br />
I think we may safely assure them of the sympathy<br />
of all men and women of letters. If there are any<br />
who do not agree with me, let them give their<br />
reasons.<br />
<br />
<br />
<br />
The “unalienable rights of authors” are thus<br />
set forth in the New York Writer. The word<br />
“author ” is used in a somewhat limited sense for<br />
“ contributor to magazines.” American customs<br />
are not always our customs. Our editors, as a<br />
rule, have no time to make remarks on the pages<br />
of MSS., and the request to the postmaster to for-<br />
ward would not be of much use here. However,<br />
here are the “rights” :<br />
<br />
(1.) ‘‘ We demand that, when our manuscripts are returned,<br />
only the first and last pages shall be crumpled beyond<br />
recognition. :<br />
<br />
(2.) ‘We demand that editors’ memoranda on the margin<br />
of our manuscripts shall not be made in indelible ink.<br />
<br />
(8.) ‘We demand that, when manuscripts are returned<br />
after a period of more than fifteen and a half years, the<br />
editor shall write on the envelope the words, ‘ Postmaster,<br />
please forward.’ :<br />
<br />
(4.) “We demand that, when manuscripts are published<br />
without being acknowledged or paid for, the editors shall<br />
return us the stamps which were enclosed in case of<br />
rejection. :<br />
<br />
(5.) “We demand that, when editors desire to add<br />
material to our contributions, they shall give themselves<br />
credit for the addition over their own names.<br />
<br />
(6.) “We demand that, when editors desire to cut out<br />
portions of our articles before publication, they shall insert<br />
the word ‘ Mutilated’ immediately under the title.”<br />
<br />
<br />
<br />
The “Decay of Literature’? was sure to form<br />
the subject of an article in some magazine in<br />
March ; it was due; there had not been, so far as<br />
I know, any paper on the subject for at least<br />
three months. Mr. Joseph Ackland has filled up<br />
the place in the Nineteenth Century. He shows<br />
that literature is in decay by an unexpected<br />
<br />
<br />
408<br />
<br />
argument. It is, briefly, this: that there has<br />
been a decline, in certain directions, of output<br />
during the last ten years; or, if not a decline<br />
absolute, then a check to the increase of the out-<br />
put. Fiction alone is the exception; and, in<br />
fiction, there has been a smaller percentage of<br />
new editions—therefore, he contends, a falling off<br />
in quality. This, I think, is a fair statement of<br />
his case. But, first of all, he has not made any<br />
attempt to show what number of copies have con-<br />
stituted the editions recorded. Now, it is quite<br />
certain that during the last twenty years the first<br />
edition of every book which is certain to be success-<br />
ful has grown larger—it is evident that the<br />
publisher saves greatly if he can safely produce a<br />
large edition at one time. Without this informa-<br />
tion statistics and figures are practically worthless.<br />
Again, the complaint has always been that the<br />
output is too large, including, as it undoubtedly<br />
does, a vast quantity of rubbish which ought<br />
never to have been published at all. The un-<br />
fortunate authors pay for them; nobody buys<br />
any copies; the books sink, and are forgotten as<br />
soon as they are born; they appear in the lists,<br />
and are recorded in the Publishers’ Circular<br />
side by side with a novel by Hardy or<br />
Meredith. These books ought to be subtracted<br />
from the list; this done, the apparent<br />
increase in fiction would disappear. But,<br />
indeed, we ought to protest in the strongest<br />
terms against an estimate of Literature based on<br />
the number of books produced, or on the books<br />
bought, or on the books offered to the public.<br />
These things have nothing to do with the advance<br />
or the decay of literature. That must be estimated<br />
by the lterary value and importance of the works<br />
produced, not by their numbers. For instance,<br />
in Poetry, which everybody puts first, we have,<br />
besides a great number of minor poets, the living<br />
names of Alfred Austin, Edwin Arnold, Austin<br />
Dobson, Edmund Gosse, Richard le Gallienne,<br />
Lewis Morris, William Morris, Swinburne, William<br />
Watson, Mrs. Webster. In History of all kinds<br />
we have Lecky, Seeley, Froude, Bryce, Gardiner,<br />
Fraser, Stubbs, Creighton, Bright. In Criticism<br />
we have John Morley and Leslie Stephen. In<br />
Fiction we have Barrie, Black, Blackmore, Doyle,<br />
Hall Caine, Stevenson, Haggard, Hardy, Payn,<br />
Rudyard Kipling, Mrs. Oliphant, Mrs. Humphry<br />
Ward, Mrs. Lynn Linton, and a great many<br />
others. While these men and women write and<br />
live, it cannot be said that literature is in decay.<br />
Never before have there been so many writers<br />
living at the same time so much above the average,<br />
so likely to endure with that limited extension of<br />
life which is granted to those who do well, yet<br />
fall short of the best, which endures for ever.<br />
WaLterR BESANT.<br />
<br />
THE AUTHOR.<br />
<br />
THE RULERS OF MANKIND,<br />
<br />
Pee the National Review, by permission<br />
<br />
<br />
<br />
of the author.<br />
<br />
What though the Sword, incarnadined and crowned,<br />
Yoke to its car the servile feet of Fate,<br />
<br />
What though the sophist Senate’s pompous prate<br />
Engross the hour, and shake the world with sound,<br />
Their carnal conquests can at best but found<br />
<br />
Some tinsel-towering transitory State<br />
<br />
On force or fraud, whose summits, soon or late,<br />
Fresh fraud or force will level with the ground.<br />
<br />
It is the silent eremitic mind,<br />
<br />
Immured in meditation long and lone,<br />
<br />
Lord of all knowledge while itself unknown,<br />
<br />
And in its cloister ranging unconfined,<br />
<br />
That builds Thought’s time-long universal throne,<br />
And with an unseen sceptre rules Mankind.<br />
<br />
ALFRED AUSTIN.<br />
<br />
ees:<br />
<br />
FEUILLETON.<br />
<br />
<br />
<br />
Tue Critic’s Dream.<br />
<br />
E was no insignificant critic. He repre-<br />
H sented one of the great dailies, and<br />
thought he represented the taste of Great<br />
Britain—a not uncommon failing of critics. He<br />
had in his day slaughtered more budding authors<br />
than any other half-dozen ordinary critics, and<br />
had showered more fulsome flattery on the recog-<br />
nised favourites of the boards than even the<br />
actor, who has a capacious gullet for praise, could<br />
conscientiously swallow; indeed, until the great<br />
Thespians read the greater critic’s eulogistic<br />
articles, they had no idea what sublime artists<br />
they were. With the recognised dramatists it<br />
was the same—our critic possessing a marvellous<br />
appreciation of the recognised. They were all<br />
geniuses, every man of them, with a subtlety of<br />
thought which only a great critic could properly<br />
elucidate ; though, and this was hard from him,<br />
and one of those things which never met with<br />
their entire approbation, he not infrequently<br />
chided them on their seeming lack of originality.<br />
Not that they really lacked it, only they were apt<br />
to grow careless if not kept up to the mark; and<br />
as the fate of the British drama lay entirely in his<br />
hands, he never neglected his duty. But with the<br />
novice at playwriting it was different. In him the<br />
lack of originality was obviously the result of<br />
a barren mind, and on _ the presumptuous<br />
offender’s head was poured the vials of the great<br />
man’s wrath. For to this liberal axiom had he<br />
clung tenaciously: That the use of stock motives<br />
and situations by a beginner was little less than a<br />
criminal offence, while the same act, perpetrated<br />
by an expert, became a remarkable exposition of<br />
ingenious stage craft.<br />
<br />
<br />
<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
The great critic was perturbed as he entered<br />
his club that afternoon. He had been to a<br />
matinée —of all things in the world! It was not<br />
often he went—he had more respect for himself ;<br />
and yet he was, according to his own account, a<br />
student of the drama. From which it might be<br />
gathered that he did not think unknown authors<br />
wrote drama. For how could there be drama<br />
without financial success? And yet he wasa<br />
student of the drama, and a serious one, too. If<br />
not, why had he gone to this matinée, why had he<br />
actually condescended to sit out a new play by an<br />
unknown author, in which there was no popular<br />
actor-manager, not even a society lady making<br />
her first appearance? How he came to do such<br />
an absurd thing he could not imagine. He was<br />
almost ashamed to be seen entering the doors, for<br />
his unfailing instinct told him that the affair<br />
would prove a deplorable fiasco. In fact, he<br />
expected such; he went with the idea of seeing<br />
such; he would have been annoyed had he not<br />
seen it. And yet he wasa man without preju-<br />
dice of any kind.<br />
<br />
He was troubled when he entered the gloomy<br />
little playhouse. He looked about for the<br />
familiar faces of his brother slaughterers ; but<br />
with one or two exceptions—earnest students like<br />
himself—they had all sent representatives. This<br />
angered him not a little. He felt as though he<br />
had been imposed upon; cheated in some way.<br />
He was decidedly out of place in such poor<br />
company. The music irritated him, and the<br />
happy chatter of a light-hearted woman just<br />
behind him sent the cold shivers down his back.<br />
Yes ; somebody should smart presently for all this<br />
annoyance.<br />
<br />
If he was troubled when he entered the theatre,<br />
he was more troubled when he came out. The<br />
play had gone with a roar of approbation from<br />
beginning to end. No ominous hiss, no discord<br />
of any kind had marred the success of the after-<br />
noon. Artists and author were called and<br />
cheered enthusiastically, which enthusiasm<br />
angered the critic immeasurably. ‘‘ Friends,” he<br />
muttered, as he wrathfully jammed his hat down<br />
over his eyes, “all friends. It means nothing.”’<br />
In the vestibule everybody was talking of the<br />
play, and, what was worse, everybody seemed<br />
delighted. ‘‘ By George,” said one man to another,<br />
‘it’s one of the cleverest plays I’ve ever seen.”<br />
The critic glared at the imprudent speaker. How<br />
could men delight in proclaiming their ignorance<br />
to the world? The critic dashed out into the<br />
street, the cheers of the audience ringing in his<br />
hears. He was quite auvxious to put his pen to<br />
paper.<br />
<br />
“ Among those whom the burlesque poet<br />
placed upon his list as being of no concern to<br />
<br />
409<br />
<br />
man, whatever they may be to the angels, we<br />
should be inclined to add the matinée author.”<br />
Then he dropped his pen and stared vacantly at<br />
the words, not that what he saw struck him as<br />
being rude, vulgar, or beside the mark. On the<br />
contrary, he thought it rather clever ; an induce-<br />
ment to his jaded readers to read on. But would<br />
it do? The play did go well, there was no doubt<br />
of that, and if it had been by a man of recognised<br />
position it would have been extremely funny.<br />
But could he really overlook the faulty construc-<br />
tion here and there, the occasional want of taste ?<br />
And yet, confound it! he had never seen a play,<br />
even by his especial pets, which he thought<br />
perfect in every way. Hang it, he was hardly<br />
fair to the novice. As for the questionable taste<br />
—were not the things he objected to the very<br />
ones which the audience laughed most heartily<br />
over? Everything was not as it should be in<br />
this best of all possible worlds. And, not a little<br />
agitated, he gazed at the sarcastic sentence which<br />
was to head his article, and as he looked the<br />
words began to run one into the other. His<br />
vision grew feeble; he dozed. And this was his<br />
dream.<br />
<br />
He was in a theatre—a huge theatre, compared<br />
with which his beloved Drury Lane was a band-<br />
box—and in some inexplicable manner he was<br />
acting one of his own plays ; one of those grand<br />
works which, notwithstanding his high position,<br />
he could get no manager to accept. But the most<br />
curious, the most terrible thing about the whole<br />
business was that he had to play every part him-<br />
self, for not one of the actors whom he had so<br />
assiduously coached had put in an appearance.<br />
He struggled bravely, to be sure, remembering<br />
what he was; but neither his courage nor his<br />
modesty met with a proper appreciation, for the<br />
audience laughed itself into hysterics over the<br />
fustian he had written. and, to make matters<br />
worse, there were his confréres in the stalls abso-<br />
lutely dying of laughter. He groaned in spirit<br />
as he thought of the morrow, for he knew that<br />
only in one paper might he hope for praise. But<br />
ere his groans had passed with his fustian into<br />
oblivion, there was a sudden, an awful, rustling of<br />
wings, and out from the dark places of the pit<br />
and upper galleries trouped the ghosts of all the<br />
plays that he kad damned—a legion of grinning,<br />
gibbering imps. And they bore in their midst a<br />
huge cauldron, into which one, the Spirit of<br />
Ambitious Tragedy, bade our criticlook. And he<br />
looked, but seeing nothing but a thick black liquid,<br />
he cried out ‘“‘ What is this?’ ‘The ink you have<br />
wasted,” said the spirit grimly. The critic<br />
shivered. He liked not the malicious look in that<br />
demon’s eyes, nor did he feel one whit more com-<br />
fortable when the spirit handed him a huge iron<br />
<br />
<br />
410<br />
<br />
ladle, saying, in a terrible voice, “Stir!” With<br />
trembling fingers the critic seized the ladle and<br />
stirred, and as he did so he saw that in the bottom<br />
of the cauldron lay an evil, foul-smelling pulp,<br />
which, in some indefinite way, seemed strangely<br />
familiar to him. “What is it?’’ he gasped,<br />
“What do you call it?” The Spirit of the<br />
Ambitious Tragedy fixed his malicious eyes upon<br />
him. ‘ Rubbish!” he said in his grim way.<br />
“The paper you have spoiled.”” The critic broke<br />
out into a violent perspiration. “ What do you<br />
want?” he murmured feebly, seeing a menace<br />
in the demon’s eye. A malicious smile curved<br />
the spirit’s lips. “Eat,” he said, “and drink.”<br />
“What, eat my own words,” cried the indignant<br />
critic, “never!” Then at a sign from their leader<br />
the demons began to dance round the stubborn<br />
one, pricking him with the sharp points of pen and<br />
pencil, while all the theatre—the whole world it<br />
seemed to him—laughed like a mad thing at the<br />
highly humorous spectacle. He tried to break<br />
away from his tormentors, but they hemmed him<br />
in on every side, and when he used force those<br />
pens and pencils suddenly grew more terrible than<br />
bayonets. He raised the ladle, and amid fiendish<br />
shrieks of delight filled his mouth with the odious<br />
stu<br />
<br />
He awoke with a start, in an agony of perspi-<br />
ration. But there was a splendid notice of the<br />
play in the next issue of the great daily, and the<br />
public gave him the credit of discovering a new<br />
dramatist. W. C.D.<br />
<br />
ee:<br />
<br />
DANTE’S LIBERTY.<br />
<br />
<br />
<br />
“La cradelta che fuor mi serra<br />
Del bell’ovile ov’ro dormii agnello.”<br />
Par, xxv. 4-5.<br />
<br />
Poet, who mountest where the fixed stars burn,<br />
Can e’en their glory, e’en thy lady’s smile<br />
Thy soaring spirit still not quite beguile,<br />
To thoughts of Florence mustit ever turn,<br />
On threshold e’en of highest Heaven yearn<br />
To enter once again 8. John’s dear aisle ?<br />
Florence, who gave the anguish and exile<br />
And Heaven’s greatest gift in scorn did spurn.<br />
Oh! princely poet-patriot, hadst thou not<br />
When wandering still the stars, the rolling sea ? *<br />
<br />
Was not thine exile a more blessed lot<br />
Than that of slaves who sell their liberty ;<br />
If scorned by those whom envy had begot<br />
Did not thy spirit soar sublime and free P<br />
NoRLEY CHESTER.<br />
<br />
<br />
<br />
*See Dante’s Epis. V.<br />
<br />
THE AUTHOR.<br />
<br />
80-80 SOCIOLOGY.<br />
<br />
(Continued from p. 159.)<br />
<br />
<br />
<br />
110, = LL is fair in love;” all that’s foul is<br />
<br />
always only licence.<br />
<br />
111. Only the wisest can best<br />
<br />
value the weeds and the wastes.<br />
<br />
112. Opportunity is the masculine of capacity.<br />
<br />
113. Peace helps the vegetable which helps<br />
Man to consume the mineral.<br />
<br />
114. War helps the mineral which helps the<br />
vegetable to devour Man.<br />
<br />
115. Progeny is an epitome of ancestry.<br />
<br />
116. The greatest imbecile, and the most<br />
hopeful, is the infant.<br />
<br />
117. Man less prefers proof of truth than<br />
truth of preference.<br />
<br />
118. Vanity is the lieutenant of vacuity.<br />
<br />
119. Who look(s) for souls in corpses would<br />
seek for love in gold.<br />
<br />
120. Love is singular in principle and plural<br />
in practice.<br />
<br />
121, Self-concentration sometimes passes for<br />
self-consecration. ;<br />
<br />
122. The mind’s moods may be judged by the<br />
voice’s tenses.<br />
<br />
123. Accent is an accident of life; voice, a<br />
voucher of soul.<br />
<br />
124. Tact is virtue or vice, according to sym-<br />
pathy or treachery.<br />
<br />
125. Modern beauty is a lineal descendant of<br />
ancient expediency.<br />
<br />
126, Correction is not a matter of contradiction<br />
but of co-operation.<br />
<br />
127. As saint to sinner, so is conscience to<br />
conceit.<br />
<br />
128. Instinct guesses; insight guides.<br />
<br />
129. Sects are conic sections of the one solid,<br />
with smallest atop.<br />
<br />
130. The soul prays; the self preys.<br />
<br />
131. Time can heal nothing, but (re-)growth<br />
in time may heal all things.<br />
<br />
132. Imagination grows with insight; phan-<br />
tasy goes with short-sight.<br />
<br />
133. Every soul has a “ dark continent,” with<br />
unknown wealth within.<br />
<br />
134. Venom is a weapon of the dwarf, the<br />
savage, and the weakling.<br />
<br />
135. Time can no more heal everything than<br />
space cure anything.<br />
<br />
136. Divorced from love, the offspring of<br />
truth is only bastard.<br />
<br />
137. Aspiration meets with inspiration, when<br />
Man aspires aright.<br />
<br />
138. The priest is blessing or curse, according<br />
as he is minister or master.<br />
<br />
139. Form is the fetich, of which reform is the<br />
faith.<br />
<br />
<br />
<br />
<br />
<br />
<br />
THE<br />
<br />
140 There would be no crime, were there no<br />
rivalry.<br />
PHINLAY GLENELG.<br />
<br />
Dos<br />
<br />
CORRESPONDENCE.<br />
<br />
<br />
<br />
I.—No REMUNERATION.<br />
<br />
T may interest some of your readers to know<br />
I that, having been asked by the Imperial and<br />
Asiatic Quarterly Review to contribute an<br />
article to that periodical, I took the precaution<br />
of inquiring about remuneration, concerning<br />
which nothing was said in the application.<br />
In reply I was informed: “I cannot hold out to<br />
you the attraction of an honorarium. ie<br />
We shall, however, be very glad, as a slight<br />
acknowledgment of your trouble, to place a<br />
hundred or more pamphlet reprints of your<br />
article at your disposal, and also, if you like to<br />
have the Review, to place you on our free list for<br />
this year.” I have suggested to my correspondent<br />
that he should at least treat professional writers<br />
as I suppose he would treat his grocer if, when<br />
ordering a pound of tea, he desired to be perfectly<br />
straightforward and yet not to pay for the goods.<br />
Of course he might not get the tea. Certainly<br />
he has not got my article. The Review is a fat<br />
budget of 240 pages or thereabouts, costing 5s.<br />
net, and purporting to have existed since 1886.<br />
Some of its contents, strange to say, appear to<br />
possess a value u.stinctly above that which, by<br />
<br />
implication, the editor attaches to them.<br />
<br />
W. L. C.<br />
<br />
<br />
<br />
I..—Merir anp Succszss.<br />
<br />
Is merit the only passport to literary success ?<br />
Tell me this, my masters. Is merit when it<br />
belongs to an isolated being in the country, with-<br />
out a single friend at court—is it then a passport<br />
to success? Ah! me, I fear not ; no matter<br />
what your answer may be. I fear it to be a case<br />
of not known not read. ForI do not forget how<br />
one of the most popular lady novelists of the day<br />
horrified me in my room at the beginning of the<br />
year by the utterance of these words: “ Mr.<br />
—-” (the Editor of a magazine now grown<br />
historic in the literary world) “ never reads a<br />
single MS. sent to him, unless he knows some-<br />
thing of the writer!’’ Is merit, I say, the only<br />
passport to success, GzroreE, Moruey.<br />
<br />
Leamington.<br />
<br />
<br />
<br />
III.—EquipMeENtT.<br />
<br />
May I answer question 8, at p. 376 of the<br />
<br />
Author for March 1?<br />
Ido not admit that he dare is “ present and<br />
<br />
AUTHOR.<br />
<br />
411<br />
<br />
past.” It is in the same case as “ he can ” and “ he<br />
could.” That is to say, the correct forms are “he<br />
dare”’ and “he durst.”<br />
<br />
In cases of difficulty, consult a good grammar,<br />
As to dare, see Mason’s ‘Shorter English<br />
Grammar,” 1879, sect. 243; Morris’s ‘“‘ Historical<br />
Outlines of English Grammar,” sect. 299; Sweet’s<br />
“ Short Historical English Grammar,” sect. 719.<br />
Or learn a little Anglo-Saxon.<br />
<br />
Water W. SKeEat.<br />
<br />
ee<br />
<br />
<br />
<br />
IV.—PERIODICALS FOR THE Discussion oF OLD<br />
AND ForeotTren Books.<br />
<br />
It would be interesting to know whether the<br />
following are all the periodicals that have been<br />
published relating to old and forgotten books:<br />
<br />
The British Librarian, edited by Oldys, ap-<br />
peared monthly from Jan. to June 1737. He was<br />
librarian to the Earl of Oxford—Robert Harley—<br />
and wrote the rather well-known song, “ Busy,<br />
curious, thirsty Fly.”<br />
<br />
The Librarian, by James Savage, of the<br />
London Institution, ran from July 1808 to Dec.<br />
1809, being published monthly.<br />
<br />
The British Bibliographer is in 4 vols., 1810-14,<br />
edited by Sir Samuel Egerton Brydges, “a<br />
man to all the book tribe dear,’ and Joseph<br />
Haslewood.<br />
<br />
The Retrospective Review, edited, I think, by<br />
Sir Egerton Brydges, ran from 1820 to 1826 (14<br />
vols.), and then again appeared in 1828, when<br />
2 vols. only were issued.<br />
<br />
HERBERT C. FYFE.<br />
<br />
<br />
<br />
V.—ANOTHER COINCIDENCE.<br />
<br />
Some time ago I submitted to the editor of a<br />
certain paper a suggestion for a series of bio-<br />
graphical articles of well-known actors and<br />
actresses, the articles to be short, about four to a<br />
column each week, and inclosed the MSS. of the<br />
first four. The editor very courteously wrote me<br />
saying that he had himself already contemplated<br />
a similar series, and about a fortnight after he<br />
commenced them exactly on my lines, and headed<br />
his first column with the name of one of the four<br />
subjects I had submitted to him. In the mean-<br />
time I suggested the idea to the editor of another<br />
paper, who rather curtly replied “ that he did not<br />
think it at all suitable to his columns.” Mark<br />
the result! Very shortly after the appearance of<br />
the first in the first paper, the second editor<br />
follows suit with an almost identical series, and<br />
is immediately pounced upon by the first editor,<br />
<br />
and severely admonished for stealing its<br />
“thunder.” Meanwhile I le low and smile.<br />
GO. H.R,<br />
<br />
<br />
412<br />
<br />
VI.—< Tue Youne Person.”<br />
<br />
The other day the review of a story issued by a<br />
first class firm, concluded as follows: ‘‘ This is<br />
not a book for the young person.” Did that<br />
reviewer realise how many “young persons,”<br />
would read that review, and perhaps make a note<br />
of that book for purchase; and also, how fully<br />
every moral phrase is now presented in _litera-<br />
ture, and how the tendency of writers to invest<br />
stories with interest by the “frailties,” alias the<br />
silliness or immorality, of married women, is<br />
increasing ? Ican just now recall three stories by<br />
popular authors in high class Christmas numbers<br />
whose interest turned on these points. These<br />
reach most “ young persons,’ and can be bought<br />
at all bookstalls. The fear is that such a remark<br />
from a reviewer will open the ‘‘ young person’s ”<br />
purse for the forbidden thing, and the pungent<br />
incident so freely handled, her mind, too, to a pre-<br />
ference for the Edith rather than the Alice<br />
Dombey of life. No moral was pointed in any of<br />
these stories, they were presented as naturally<br />
to-be-accepted situations, and, depicted as they<br />
now are, in ostensibly “high tone” magazines<br />
and literature, it seems best not to draw further<br />
attention to them by forbidding them, as the well<br />
meant, but curiosity-rousing and suggestive con-<br />
demnation of a reviewer can do. Do reviewers<br />
know how few girls are now guided to their<br />
reading ; does he realise that the bookstall and<br />
the drawing room both present all literature to<br />
the ‘young person.” ‘There are still girls in<br />
the world who would not foresee or relish the<br />
“something up” between an Edith Dombey and<br />
a Mr. Carson, but the tendency is by liberal<br />
fiction and desultory reading to foster a disdain<br />
for the “mild” as childish. This increases the<br />
necessity for personal moral decision, and from that<br />
there surely springs the critical faculty which gives<br />
equal safety and interest to the reading of—for<br />
instance, “ Le Roman du Mariage,” or ‘‘ Home-<br />
spun.” Mary Exiz. Stevenson.<br />
<br />
<br />
<br />
VII.—Succress anp REwarp,<br />
<br />
Until quite lately Mr. A. was one of the<br />
proprietors of a weekly journal which has since<br />
changed hands. There have appeared in the<br />
journal from time to time different series of<br />
articles, more or less technical in subject, but<br />
popular in style, which have afterwards been<br />
published as shilling books. In this form they<br />
_ have had, and are still having, a large sale. There<br />
are, perhaps, ten or a dozen of these books alto-<br />
gether; all have done well, and one has gone<br />
through three editions of 50,000 copies each.<br />
They have for years been producing an excellent<br />
income, and £10,000 is now asked for the copy-<br />
<br />
THE AUTHOR.<br />
<br />
rights. How much. does anyone suppose, has<br />
been received by their authors? Guess! For<br />
serial rights as well as copyright? In no case<br />
more than £20, and in one case only £5. I state<br />
these facts on the authority of Mr. A. himself.<br />
Will any publisher come forward and say that he<br />
considers this fair business? Legally it can be<br />
justified, but what about equity? Of course,<br />
nothing can be done for an author who has sold<br />
his work outright, no matter how ridiculously low<br />
the price. He has made his bargain, and must<br />
abide by it. But it is just such a case as this<br />
which shows the need of the Society, for one of<br />
its chief objects is to give authors some idea of<br />
the value of literary property. Mr. A. admitted<br />
to me that the fairest arrangement was a sliding-<br />
scale royalty—a royalty increasing as sales<br />
increased. Having retired from the business<br />
himself, he gives this opinion gratuitously to<br />
other publishers.<br />
<br />
VITI.—Anotuer Journatistic Jornt Srock<br />
Company.<br />
<br />
I have another experience to relate. Being<br />
desirous of writing fora weekly journal, of which<br />
six or seven numbers had appeared, I called upon<br />
the editor, whom I shall always esteem for his<br />
kindness and urbanity; and I entirely absolve<br />
him from any blame in relation to after events.<br />
My first contribution was accepted. I called<br />
again, and suggested a series of original prose<br />
articles of a satirical nature. I wrote one, which<br />
was duly published, and afterwards arranged for<br />
their continuance at a fair price. Things pro-<br />
ceeded merrily. The composition of my articles<br />
was an exceeding great joy to me; my verses<br />
may have been bitter, but their melody was<br />
sweet. In course of time, I sent in my account,<br />
with a polite request for a cheque. I waited a<br />
few days. I received no reply. I wrote, called,<br />
and continued in patience, and I worked at my<br />
satirical articles and bitter poems, and sent in my<br />
copy with scrupulous regularity. I had inter-<br />
views with the business manager, an Irishman<br />
with a smiling aspect, who promised:me a cheque<br />
as soon as the directors of the company met, but<br />
somehow or other these personages could not get<br />
up a quorum. One or two of them was always<br />
away shooting or fishing, or otherwise enjoying<br />
themselves. At last I, with other contributors,<br />
received a small cheque on account, which was<br />
consolatory, but hardly satisfactory. Then a<br />
dreadful interregnum of soliciting, hoping, and<br />
waiting ensued, and I had almost considered the<br />
balance due to me as a bad debt, when happily I<br />
was disabused of this idea. I learned that the<br />
chairman of the company was a gentleman of<br />
position and reputed wealth; a proprietor of<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
THE AUTHOR. 413<br />
<br />
other papers. When I heard this, a sense of<br />
confidence and security possessed me. There<br />
was surely hope in the future for a journal with<br />
an eminent chairman of such assured financial<br />
position. My doubts and fears were swept aside.<br />
T had no misgivings as the weeks sped on without<br />
my receiving a cheque. And when one morning<br />
I was notified to attend at the office of the<br />
paper. I was still not im the least discon-<br />
certed. It was only when I was actually<br />
asked to sign a paper accepting ten shillings in<br />
the pound for my debt that I was puzzled. More-<br />
over, on being assured that fresh capital would<br />
be raised, and that contributors would in future<br />
be paid weekly, I signed that paper, being con-<br />
soled with the proverb of half a loaf being “better<br />
than no bread.<br />
<br />
The dénouement can be guessed: The fresh<br />
capital turned out a myth, and the journal died a<br />
lingering death.<br />
<br />
In the meantime, however, the chairman of<br />
his own accord remitted ten shillings in the<br />
pound to the contributors. Of course he need<br />
not have done this. There was no legal liability<br />
on his part. But I maintain he was morally<br />
responsible to them. LuUNeEtteE.<br />
<br />
TX.—* For tHe Encouragement or Epirors<br />
AND THE ADVANCEMENT oF Goop LiITERA-<br />
TURE.”<br />
<br />
I and a few other unrecognised geniuses have<br />
arrived at the conclusion—based upon a careful<br />
examination of the contents of the hghter maga-<br />
zines—that the magazine editors have gone out<br />
on strike, and have left the work of rejection and<br />
selection to be arranged by the contributors<br />
themselves, who, judging by the poor quality of<br />
their work, must be shareholders or other influen-<br />
tial persons. The aforenamed spirits and<br />
myself, having read the short stories which had<br />
gained approval in the magazines for this month,<br />
afterwards proceeded to read our own rejected<br />
MSS. Well, Sir, I must say, without undue<br />
vanity, that no unprejudiced person could pos-<br />
sibly refuse to admit the superiority of ow? un-<br />
published masterpieces. I therefore wish, with<br />
your co-operation, to suggest a plan for educating<br />
editors. Will you, Sir, favour some talented but<br />
impecunious beings with a vacant room at the<br />
Authors’ Club? Here we will reverse the usual<br />
method, which I believe prevails with your<br />
members, of reading the MSS. of successful<br />
writers, and, instead, read to one another and to<br />
any appreciative American or other millionaires,<br />
our rejected MSS. If editors, who will be<br />
charged a small fee—in revenge for unstamped<br />
returned MSS.—do not blush and feel staggered<br />
when they learn what wit, brilliancy, humour,<br />
<br />
and even genius they have despised, then there<br />
is no hope for English fiction. In any case, I<br />
fear there isn’t much. I sign myself, Sir, not, I<br />
hope, inappropriately,<br />
<br />
Movesty anp TALEnt.<br />
<br />
Se<br />
<br />
“AT THE SIGN OF THE AUTHOR'S HEAD.”<br />
<br />
<br />
<br />
HE new Library Edition of Chaucer, in six<br />
volumes, edited by Prof. Skeat, and<br />
published by the University of Oxford, is<br />
<br />
in course of publication. Vol. IL, contaiming a<br />
Life of Chaucer, the Romaunt of the Rose, and<br />
the Minor Poems, has already appeared. Vol. II.<br />
will contain the translation of Boethius (the first<br />
modern edition, with notes), and Troilus and<br />
Cresseyde, with introductions and a full apparatus<br />
of notes, and will probably appear in April.<br />
<br />
Mrs. Lynn Linton’s new novel, ‘The One Too<br />
Many,” has passed almost directly into a second<br />
edition, having received high praise from all the<br />
leading reviews. It is dedicated to the “ sweet<br />
girls still left among us who have no part in the<br />
new revolt, but are content to be dutiful, inno-<br />
cent, and sheltered.” Our own impression is that<br />
the book is as much aimed at the folly of some<br />
parents as at the want of refinement in the<br />
smoking, spirit - drinking, evil-speaking, and<br />
emancipated person who, accordmg to Mrs.<br />
Linton, is the product of the higher female<br />
education. It is curious that the title should be<br />
almost synonymous with that of another novel,<br />
“A Superfluous Woman,” which has also passed<br />
into its second edition, but which treats of the<br />
position and duties of womenin greater sympathy<br />
with the emancipating process. The two novels<br />
have one special point in common. In each a girl<br />
with every opportunity of choosing her friends<br />
in her own sphere forms an attachment with a<br />
man in a lower station of life.<br />
<br />
Major Seton Carr has added to his other books,<br />
warning the inexperienced against national vices,<br />
a volume dealing with betting and gambling.<br />
The main idea, so far as the remedy for the evil<br />
is concerned, is that we must not look to legisla-<br />
tion, but to the growth of public opinion, which<br />
will discountenance and suppress gambling in the<br />
same way as duelling was suppressed.<br />
<br />
Mr. Joseph Hatton’s new novel is to be called<br />
“The Banishment of Jessop Blythe.” It is an<br />
English story. The exile is driven out from a<br />
community of workmen. The love story of his<br />
daughter is the chief motif of the novel; but<br />
there is a strong underlying plot with a murder<br />
in it, and the scene of it is a romantic bit of the<br />
414<br />
<br />
North at present some miles beyond railways. It<br />
is a story of to-day, though the strange commu-<br />
nity from which Jessop Blythe is banished is of<br />
ancient origin and more or less socialistic in its<br />
laws and regulations. Like most of Mr. Joseph<br />
Hatton’s novels, the forthcoming story has been<br />
written for Messrs. Tillotson’s newspaper syndi-<br />
cate, and the first chapters will be published in<br />
October. The novel will not appear in three-<br />
volume form until next year, thus giving plenty<br />
of time for securing copyright in America. In<br />
addition to the publication of ‘‘ By Order of the<br />
Czar,” in Swedish, one of Mr. Hatton’s earliest<br />
successes, ‘‘Clytie,” is being translated into the<br />
same language for immediate publication. It<br />
had already been published in Germany as the<br />
feuilleton of the North German Gazette, and in<br />
two volumes.<br />
<br />
Tt is not often that a provincial paper has to<br />
make a move into London. This fortunate event<br />
has happened in the case of Chat, a weekly paper<br />
published at Portsmouth under the editorship of<br />
Mr. F. J. Proctor, author of “Timothy Twills’s<br />
Secret,” “Richard, I.: a Drama,’ &c. The pub-<br />
lishing office will now be at 68, Fleet-street, as<br />
well as at Portsmouth.<br />
<br />
« Ancient Ships,” by Cecil Torr (Cambridge<br />
University Press), is the first instalment of a<br />
great work treating on the shipping of the Medi-<br />
terranean for 2000 years, viz., from 1000 B.c. to<br />
1000 A.D. Archeologists may note that this is a<br />
book where they will find all that can be learned<br />
in the manner of the ancient ship.<br />
<br />
Mr. W. P. James has issued, under the title of<br />
“ Romantic Professions,” a volume of essays con-<br />
tributed by him to Macmillan and Blackwood’s<br />
magazines.<br />
<br />
Our readers may remember a novel published<br />
some six or seven years ago, called “ Jack Urqu-<br />
hart’s Daughter,” which was a distinct success.<br />
The author, Miss Young, has again brought out<br />
a novel with the title ‘Needs Must,” which is<br />
being widely read. We have seen more than one<br />
review which, while praising the work, has been<br />
cruel enough to tell the story. We will only say<br />
here that the book ought to have been called<br />
“The Green Diamond” in spite of Mr. Justin<br />
MacCarthy’s latest success with ‘‘ Red Diamonds.”<br />
<br />
Those who have been interested in the article<br />
on Signor Crispi in the March number of the<br />
Fortnightly Review will be glad to be reminded<br />
of a small volume, “ Comedy and Comedians in<br />
Polities by the Comtesse Hugo.” In it they will<br />
find a good deal of light thrown on the position<br />
of Crispi and his popularity with the Italian<br />
public, the author having been so much behind<br />
<br />
THE AUTHOR.<br />
<br />
<br />
<br />
the scenes that it became necessary for her to<br />
leave Italy and take refuge in England.<br />
<br />
Mrs. Edith Cuthell’s new novel, “ A Baireuth<br />
Pilgrimage,” a story of the Wagner Festival, will<br />
shortly be issued in two volumes by Messrs,<br />
Sampson Low, Marston, and Co.<br />
<br />
The same author’s yachting story called “The :<br />
Wee Widow’s Cruise,” will also be published<br />
shortly by Messrs. Ward and Downey.<br />
<br />
Mrs. Alfred Marks’ new work is to be pub.<br />
lished early in April. Itis entitled “Thorough,”<br />
and it deals with the Irish Rebellion of 1641,<br />
The publishers are Messrs. Richard Bentley and<br />
Son.<br />
<br />
Mr. George Halse, author of ‘‘ Weeping Ferry,”<br />
will shortly bring out a new novel, in three<br />
volumes, entitled ‘‘ Phil Hathaway’s Failures.”<br />
It will be published by Messrs. Henry and Co.<br />
<br />
Under the title of ‘“ Poet’s Parables,” the Rey.<br />
Frederick Langbridge, of §S. John’s Rectory,<br />
Limerick, proposes to issue a collection of poems,<br />
chiefly narrative, of spiritual and moral sug-<br />
gestion. Mr. Langbridge would feel greatly<br />
obliged to any correspondent who would kindly<br />
direct his attention to legendary or allegoric<br />
poems lying outside the beaten track.<br />
<br />
The first of a series of The Annabel Gray<br />
library, at cheap and popular prices, entitled<br />
“The Ghosts of the Guard Room,” a tale of<br />
military life, will appear immediately.<br />
<br />
“The People’s Family Prayer Book,” by Dr.<br />
Joseph Parker, of the City Temple, tos. 6d.<br />
(Simpkin, Marshall, and Co.) is announced as<br />
entering its fourth thousand. Hach prayer is<br />
one page long, and in very large type.<br />
<br />
Messrs. Sampson Low, Marston, and Co. have<br />
just issued another thousand copies of “The Way<br />
they Loved at Grimpet,” by E. Rentoul Esler.<br />
The reception accorded to this book should<br />
encourage those who, having no press connec-<br />
tions, despair of generous praise in the reviews.<br />
It would be impossible for criticism to be more<br />
kindly cordial, more universally eulogistic than<br />
in the case of this little volume of village idyls.<br />
<br />
“Nature, Wild Sport, and Humble Life -<br />
(Longmans), by Mr. Austin Trevor Battye, is<br />
another of the books on the outdoor life and what<br />
one can see who has eyes in his head, of which<br />
there have been so many lately. There is plenty<br />
of room for all; none of them copy or imitate<br />
those who have gone before; nature is inex-<br />
haustible. In this volume the title of the<br />
“Procession of Spring” may seem to be an<br />
imitation of Jefferies’ “ Pageant of Summer,” but<br />
the treatment is different. The author says 1<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
his preface: “I have tried to mirror something<br />
of the many-sided life of Nature where it beats<br />
through the seasons in this and other lands. I<br />
have tried, too, to keep touch with an influence<br />
there is out of doors, comparable with that of the<br />
beautiful in art, but deeper reaching, wider,<br />
finer.”<br />
<br />
ec<br />
<br />
WHAT THE PAPERS SAY.<br />
<br />
<br />
<br />
Tue Narron’s NeGLect OF THE COPYRIGHT<br />
Law.<br />
<br />
HE failure of a good law has a new and<br />
striking illustration in the almost total<br />
paralysis of the copyright law. If any-<br />
<br />
thing on our statute books has ever been more<br />
completely nullified by neglect in carrying it out<br />
we should like to know it. We have not the<br />
least reference to a party in power or out of<br />
power. Both parties united in passing the new<br />
copyright law three years ago, and both parties<br />
are responsible for neglecting it. Having been<br />
enacted, it seems to have been supposed that<br />
this law was endowed with automatic functions.<br />
Its very existence seems to have dropped out of<br />
the memory of our rulers.<br />
<br />
The scheme of the copyright law is twofold—it<br />
records the title of a book before publication, and<br />
it requires the forwarding of two copies of each<br />
work to the Librarian of Congress before or on<br />
the day of publication. Now it is of the utmost<br />
importance that the title be recorded at Washing-<br />
ton before the book is published or a copy sold.<br />
In fact, unless this is done the copyright is not<br />
worth its weight in an old patent-office report,<br />
for the reason that the record of a title after<br />
publication would indicate that the publisher<br />
has issued his book without authority of law.<br />
The publisher is interested in carrying out the<br />
law to the letter. Unless he does it, his book is<br />
not protected.<br />
<br />
Here comes in the sad condition of things. The<br />
Washington office, through no failure on the part<br />
of the Librarian of Congress, but through the<br />
inadequacy of means at his command for purely<br />
clerical force, ties the publisher hand and foot. A<br />
New York house, for example, has long had a<br />
book in hand, and is now ready to publish. The<br />
title is in the hands of the Librarian of Congress.<br />
He sends on his two copies for the Congressional<br />
Library. But suppose he gets no word that his<br />
title has been received. What is he to do?<br />
Possibly his letter has been lost, and in his un-<br />
certainty he writes again, and once more sends<br />
on his title. No answer still. Often months<br />
<br />
elapse before he receives any answer to his<br />
application for the privilege to publish.<br />
<br />
In the<br />
<br />
415<br />
<br />
large volume of business in the field of copyright<br />
mistakes must occur. But as the law is at present<br />
administered it is next to impossible to even learn<br />
of them, much less to correct them. In one case<br />
we know of, where the question was the renewal<br />
of a copyright about to expire, the record of<br />
renewal did not reach the publisher until about<br />
five months after the application had been mailed<br />
in New York. Thus the new term of copyright<br />
was impaired, if not entirely destroyed, because it<br />
was not practicable to advertise within the time<br />
required by the statute.<br />
<br />
Such is the deplorable fact. How shall we<br />
account for it? Why is it about as useless for a<br />
publisher to write to the copyright office in<br />
Washington as it would be to address his letter,<br />
properly registered, to the fifth satellite of<br />
Jupiter? The story at the Washington end of<br />
the line is soon told. It seems to have been<br />
entirely forgotten to provide enough clerical help<br />
to conduct the business. Since the international<br />
copyright law was enacted the business has been<br />
multiplied. But the Librarian of Congress, in<br />
whose hands the entire business of registry is<br />
placed, has been granted but one additional<br />
clerk. Until three years ago there were no<br />
arrears known in the office, but now they are<br />
alarmingly large.<br />
<br />
Of course it is to be inferred that the office<br />
must pay its own expenses, and that the want of<br />
sufficient clerical force arises from the meagre<br />
income from copyright fees. But precisely the<br />
contrary is the fact. Not only does the office<br />
receive enough fees to provide clerical help, but a<br />
large slice of the income goes into the general<br />
Treasury of the United States. From the reports<br />
of the Librarian of Congress we learn that the<br />
Treasury received in 1891 38,000 dollars from<br />
copyright fees alone. In 1892 this sum ran up<br />
to 44,000 dollars, and in 1893 it was still larger.<br />
Fewer than thirteen clerks do the whole work.<br />
The surplus of revenue in the copyright office<br />
goes to—what shall we say t—the dredging of<br />
worthless streams, paying indemnities to Peruand<br />
Italy for our own lawlessness, and to the thousand<br />
and one open mouths which feed upon the bread<br />
from the government table. Great is the benefi-<br />
cence of literature! But who ever heard of the fees<br />
which publishers pay into the General Treasury for<br />
the privilege of publishing books going to support<br />
the expenses of the United States government ?<br />
Whatever may be said of the inability of our<br />
great departments to support themselves, here is<br />
one—that of copyright—which not only pays its<br />
own way, but aids in keeping the wolf from the<br />
door of its elephantine companions.—Harper’s<br />
Weekly.<br />
<br />
<br />
<br />
<br />
<br />
<br />
416 THE<br />
<br />
BowpD.LeERIsing THE British Museum.<br />
<br />
There must be a short Act to prevent the<br />
British Museum from being bowdlerised. Mrs.<br />
Martin has laid her finger upon a defect or an<br />
ambiguity in the powers of the trustees of the<br />
national library; and whatever be the legal<br />
effect of the findings of the jury yesterday, no<br />
time should be lost in making another such an<br />
action as Mrs. Martin’s impossible. . More<br />
important than the personal question—though<br />
Mrs. Martin has a perfect right, not to be grudged<br />
her, to clear herself from all calumnies against<br />
her—is that nothing shall be done to lessen the<br />
utility of the national library for this generation<br />
and generations to come, and to insure that it<br />
shall continue to be a comprehensive collection of<br />
the literature of the world. It would bea national<br />
misfortune if the museum ceased to act as it has<br />
done on the maxim Nihil humani alienum; and<br />
we look to Parliament to make it clear that the<br />
trustees are not expected to exercise the impossible<br />
due diligence in which the jury have found them<br />
wanting.— Times.<br />
<br />
<br />
<br />
A Tutne to Note.<br />
<br />
Although copyright with the United States has<br />
so long been established, there are many things<br />
that still render it incomplete. The agents of<br />
the American publishing houses are not given<br />
a free hand, but have always to communicate<br />
with their principals upon literary business,<br />
which causes great loss of time. A young—and,<br />
let us hope, rismg—author complains not only of<br />
this, but that much discourtesy is shown in the<br />
delay of replies—beyond even what is necessary—<br />
to offers from this country. ‘Though they may<br />
not want my book,’ he pathetically remarks,<br />
“they need not keep me on tenterhooks when all<br />
that it would ‘cost them to relieve my mind is<br />
twopence-halfpenny (exactly).”’ Such conduct is,<br />
of course, very rude, but, it seems, is not without<br />
reason, for he adds: ‘“ I am afraid this silence is<br />
sometimes designed, as more than once when I<br />
have failed in getting an American publisher, the<br />
very house that has turned a deaf ear to my offer<br />
has afterwards brought out my book without<br />
paying for it. This is a sad story, but I venture<br />
to think my correspondent has not been dealing<br />
with first-class houses.—Jamrs Payn (Jilustrated<br />
London News). .<br />
<br />
<br />
<br />
ea:<br />
<br />
AUTHOR.<br />
<br />
<br />
<br />
NEW BOOKS AND NEW EDITIONS.<br />
<br />
<br />
<br />
Theology.<br />
<br />
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Printed and Published by Horace Cox, Windsor House, Bream’s-buildings, London, E.C. | https://historysoa.com/files/original/5/461/1894-04-02-The-Author-4-11.pdf | publications, The Author |