| 488 | https://historysoa.com/items/show/488 | The Author, Vol. 14 Issue 03 (December 1903) | <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.+14+Issue+03+%28December+1903%29"><em>The Author</em>, Vol. 14 Issue 03 (December 1903)</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> | 1903-12-01-The-Author-14-3 | | | | | 57–84 | | | | | | | | | | | | | | | | | | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=89&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=14">14</a> | | | | | | | | | | | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=76&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=1903-12-01">1903-12-01</a> | | | | | | | 3 | | | 19031201 | Che Huthor.<br />
<br />
(The Organ of the Incorporated Society of Authors.<br />
<br />
Monthly.)<br />
<br />
FOUNDED BY SIR WALTER BESANT.<br />
<br />
<br />
<br />
Vou. XTV.—No. 3.<br />
<br />
DECEMBER 1sT, 1903.<br />
<br />
[Prick SIXPENCE.<br />
<br />
<br />
<br />
TELEPHONE NUMBER :<br />
<br />
374 VICTORIA.<br />
TELEGRAPHIC ADDRESS:<br />
<br />
AUTORIDAD, LONDON.<br />
<br />
a<br />
<br />
THE<br />
UNVEILING OF THE MEMORIAL<br />
TO SIR WALTER BESANT.<br />
<br />
—— 9<br />
<br />
ORD MONKSWELL, the Chairman<br />
<br />
of the London County Council, has<br />
<br />
kindly undertaken the duty of unveiling<br />
<br />
the Memorial to Sir Walter Besant. The<br />
<br />
ceremony will take place in the Crypt of<br />
<br />
St. Paul’s Cathedral on the afternoon of<br />
Friday, December 11th, at 3 o’clock.<br />
<br />
It is hoped that those members of the<br />
Society who care for the memory of Sir<br />
Walter Besant, and are grateful for his<br />
unselfish and earnest labours on behalf of<br />
his fellow writers, will make every effort<br />
to be present.<br />
<br />
es<br />
NOTICES.<br />
<br />
OR the opinions expressed in papers that are<br />
signed or initialled the authors alone are<br />
responsible. None of the papers or para-<br />
<br />
graphs must be taken as expressing the opinion<br />
of the Committee unless such is especially stated<br />
to be the case.<br />
<br />
Tue Editor begs to inform members of the<br />
Authors’ Society and other readers of The Author<br />
VoL, XIV.<br />
<br />
<br />
<br />
that the cases which are from time to time quoted<br />
in The Author are cases that have come before the<br />
notice or to the knowledge of the Secretary of the<br />
Society, and that those members of the Society<br />
who desire to have the names of the publishers<br />
concerned can obtain them on application.<br />
<br />
a<br />
<br />
List of Members.<br />
<br />
TuE List of Members of the Society of Authors<br />
published October, 1902, at the price of 6d., and<br />
the elections from October, 1902, to July, 1903, as<br />
a supplemental list, at the price of 2d., can now be<br />
obtained at the offices of the Society.<br />
<br />
They will be sold to members or associates of<br />
the Society only.<br />
<br />
od<br />
<br />
The Pension Fund of the Society.<br />
<br />
THE investments of the Pension Fund at<br />
present standing in the names of the Trustees are<br />
as follows.<br />
<br />
This is a statement of the actual stock; the<br />
money value can be easily worked out at the current<br />
price of the market :—<br />
<br />
ORO FE oor es £1000 0 0<br />
Wocal Wioans 20... 500 0 0<br />
Victorian Government 8 % Consoli-<br />
<br />
dated Inscribed Stock ............... 291 19 11<br />
<br />
War Oa 2630090. ee 20r 9 8<br />
oval... 6. oe £1,993 9 2<br />
<br />
Subscriptions.<br />
1908. £ 8s. d.<br />
Jan. 1, Pickthall, Marmaduke 010 &<br />
» Deane, Rey. A.C. . 010 O<br />
Jan. 4, Anonymous : 0 5 0<br />
» Heath, Miss Helena : ~ 0 5 0<br />
>» Russell, G. H. : : 11.0<br />
58 THE AUTHOR.<br />
<br />
Jan. 16, White, Mrs. Caroline<br />
<br />
», Bedford, Miss Jessie<br />
Jan. 19, Shiers-Mason, Mrs.<br />
Jan. 20, Cobbett, Miss Alice :<br />
Jan. 30, Minniken, Miss Bertha M. M.<br />
Jan. 31, Whishaw, Fred. : -<br />
Feb. 3, Reynolds, Mrs. Fred<br />
Feb. 11, Lincoln, C. .<br />
Feb. 16, Hardy, J. Herbert .<br />
<br />
» Haggard, Major Arthur .<br />
Feb. 23, Finnemore, John .<br />
Mar. 2, Moor, Mrs. St. C.<br />
Mar. 5, Dutton, Mrs. Carrie<br />
Apl. 10, Bird, CO. P..<br />
Apl. 10, Campbell, Miss Montgomery .<br />
May Lees, R. J...<br />
<br />
Wright, J. Fondi .<br />
<br />
Nov. 138, Longe, "Miss Julia .<br />
<br />
Donations.<br />
<br />
Jan. 8, Wheelright, Miss H. :<br />
», Middlemass, Miss Jean . :<br />
Jan. 6, Avebury, The Right Hon.<br />
<br />
The Lord .<br />
» Gribble, Francis<br />
Jan. 13, Boddington, Miss Helen .<br />
Jan. 17, White, Mrs. Wollaston .<br />
» Miller, Miss E. T. .<br />
Jan. 19, Kemp, Miss Geraldine<br />
Jan. 20, Sheldon, Mrs. French<br />
Jan. 29, Roe, Mrs. Harcourt<br />
Feb. 9, Sher wood, Mrs. .<br />
Feb. 16, Hocking, The Rey. Silas<br />
Feb. 18, Boulding, J. W. .<br />
5, Ord, Hubert H.<br />
Feb. 20, Price, Miss Eleanor<br />
» Carlile, Rev. J. C..<br />
Feb. 24, Dixon, Mrs.<br />
Feb. 26, Speakman, Mrs...<br />
Mar. 5, Parker, Mrs. Nella<br />
Mar. 16, Hallward, N.L. .<br />
Mar. 20, Henry, Miss Alice .<br />
», Mathieson, Miss Annie .<br />
» Browne, T, A. (“ Rolfe Boldre-<br />
wood”’) ‘<br />
Mar. 23, Ward, Mrs. Humphry<br />
Apl. 2, Hutton, The Rev. W. H<br />
Apl. 14, Tournier, Theodore<br />
May King, Paul H. :<br />
S Wynne, Charles Whitw orth<br />
», 21, Orred J. Randal :<br />
June 12, Colles, W. Morris .<br />
» Bateman, Stringer .<br />
* = Aton. 3.<br />
» Mallett, Reddie<br />
Oct. 27, Sturgis, Julian<br />
<br />
=<br />
<br />
rt<br />
OOH OO OHS OHOL ON OHA ONO SO OL OUT OT<br />
<br />
cCorocoroocoooorSSOSC’®<br />
He<br />
<br />
eoooamoccoeosoooooo™<br />
<br />
SCeorocounooeocorooocoroeon oo<br />
<br />
e on} I<br />
_<br />
<br />
_<br />
<br />
eouncoorocouncocorH<br />
ecoaoecoecoocoo ccoocoooceocoononoonoonaoeo on<br />
<br />
eooocoocorocooconNnNorFH<br />
<br />
or<br />
<br />
Nov. 2, Stanton, V. H. ;<br />
Nov. 18, Benecke, Miss Ida. ;<br />
Nov. 23, Harraden, Miss Beatrice<br />
<br />
The following members have also made subserip-<br />
tions or donations :—<br />
<br />
Meredith, George, President of the Society.<br />
1 hompson, Sir poy Bart., F.R.C.S.<br />
Rashdall, The Rey. H<br />
<br />
Guthrie, "Anstey.<br />
<br />
Robertson, C. B.<br />
<br />
Dowsett, C. F.<br />
<br />
There are in addition other subscribers who do<br />
not desire that either their names or the amount<br />
they are subscribing should be printed.<br />
<br />
—___<br />
<br />
FROM THE COMMITTEE.<br />
<br />
A<br />
<br />
At the meeting of the Committee held on the<br />
2nd of November, 18 members and associates were<br />
elected, bringing the total for the curftent yeaup<br />
to 182.<br />
<br />
The date for the unveiling of the Besant<br />
Memorial was discussed and the necessary details<br />
considered. The full statement of the arrange-<br />
ments is set forth on another page. There were<br />
one or two other matters on “ the agenda,” but no<br />
contentious business. One case, which was laid<br />
before the Committee, they did not see their<br />
way to take up, and it was hoped that another case,<br />
dealing with accounts, would be satisfactorily<br />
settled between the secretary and the publisher,<br />
without any need of further action.<br />
<br />
Se<br />
<br />
Cases.<br />
<br />
Since the last statement was issued twelve cases<br />
have been in the Secretary’s hands for settlement.<br />
Four of these refer to the return of MSS., three to<br />
the rendering of accounts, four to the payment or<br />
rather the non-payment of money, and the last to<br />
false representation. MSS., accounts and money<br />
are the most frequent causes for the Secretary’s<br />
interference, as will be seen by those members who<br />
read the monthly statement of the Society’s work.<br />
Of the twelve cases four have been concluded and<br />
eight are still unsettled. Of the former, in the one<br />
dealing with MS., the MS. has been returned and<br />
forwarded to the author; in the one dealing with<br />
accounts, the necessary documents have been<br />
supplied; and in the two demands for the payment<br />
of money the amount due has been forwarded to<br />
the office.<br />
<br />
Out of the cases reported in former issues there<br />
<br />
<br />
<br />
<br />
_~ Prothero, G. W.<br />
<br />
<br />
<br />
<br />
<br />
THE AUTHOR. 59<br />
<br />
‘are only three still open. One of these, it is<br />
possible, will have to be abandoned owing to the<br />
fact that the member resides abroad ; the other two,<br />
although the authors are unwilling to follow up their<br />
‘demands by an action in Court, will probably be<br />
satisfactorily settled.<br />
<br />
—_—<br />
<br />
November Elections.<br />
<br />
81, Congoumbruto,<br />
Leghorn, Italy.<br />
<br />
6, Sidney Terrace,<br />
New Road, Ports-<br />
mouth, Hants.<br />
<br />
Wiscombe Park, Coly-<br />
ton, Devon.<br />
<br />
Carmichael Montgomery .<br />
<br />
Eagleman, E. J. (Colin<br />
Conway)<br />
<br />
Edmonds, Miss<br />
<br />
Eldridge, Robey F. . Daylesford, Newport,<br />
Isle of Wight.<br />
<br />
Fevez, Miss Coralie Westdale, Streatham,<br />
S.W.<br />
<br />
Firth, C. H. 2, Northmoor Road,<br />
Oxford.<br />
<br />
Madeira Hotel, Shank-<br />
lin, Isle of Wight.<br />
Spixworth Park, Nor-<br />
<br />
wich.<br />
St. Ives, Cornwall.<br />
The Hut, Fairlie, N.B.<br />
24, Bedford Square,<br />
<br />
Howell, Miss Constance .<br />
Longe, Miss Julia G.<br />
<br />
Marriott, Charles<br />
Morgan, Mrs. .<br />
<br />
WC.<br />
<br />
Smedley, Miss Constance. 119, Ashley Gardens,<br />
BWo<br />
<br />
Shore, Miss Emily K. 29, Norfolk Mansions,<br />
Battersea Park, 8S. W.<br />
<br />
Sparrow, A. G. Daisy Mere House,<br />
Near Buxton.<br />
Stirling, Mrs. (Percival 30, Sussex Villas, W.<br />
Pickering)<br />
Wyatt, DaviesErnest R.J. 7, Bridge Street, Cam-<br />
bridge.<br />
20, Kew Gardens Road,<br />
<br />
Kew.<br />
<br />
Yosall, J. H., M.P.,<br />
<br />
PENSION FunD.<br />
<br />
THE Pension Fund Committee held a meeting<br />
on Monday, November 2nd, at the offices of the<br />
Society, 39, Old Queen Street, Storey’s Gate, in<br />
order to deal with the moneys which the trustees<br />
had intimated were at their disposal for the<br />
allotment of a fresh pension.<br />
<br />
The Committee granted a pension of £25 a<br />
year to Miss Helen M. Burnside, whose work as a<br />
writer of verse and whose books for children are<br />
well known.<br />
<br />
Among those who supported her application may<br />
be mentioned the following :—<br />
<br />
Mr. Mackenzie Bell, Miss Rosa Nouchette Carey,<br />
Sir A. C. Mackenzie, Miss M. Montresor, Mr.<br />
Algernon Swinburne, Mrs. Humphry Ward, Mr.<br />
Watts-Dunton, Mr. Arthur Waugh, Mr. W. H.<br />
Wilkins, and others.<br />
<br />
In order to give members of the Society, should<br />
they desire to appoint a fresh member to the<br />
Pension Fund Committee, full time to act, it has<br />
been thought advisable to place in Zhe Author a<br />
full statement of the method of election under the<br />
scheme for administration of the Pension Fund.<br />
Under that scheme the Committee is composed of<br />
three members elected by the Committee of the<br />
Society, three members elected by the Society at<br />
the General Meeting, and the chairman of the<br />
Society for the time being, ew officio. The three<br />
members elected at the general meeting when the<br />
fund was started were Mr. Morley Roberts, Mr.<br />
M. H. Spielmann, and Mrs. Alec Tweedie.<br />
<br />
According to the rules it is the turn of Mr.<br />
M. H. Spielmann to resign his position on the Com-<br />
mittee. In tendering his resignation he submits<br />
his name for re-election.<br />
<br />
The members have power to put forward other<br />
names under Clause 9, which runs as follows :—<br />
<br />
“ Any candidate for election to the Pension Fund Com-<br />
mittee by the members of the Society (not being a retiring<br />
member of such Committee) shall be nominated in writing<br />
to the seeretary, at least three weeks prior to the general<br />
meeting at which such candidate is to be proposed, and<br />
the nomination of each such candidate shall be subscribed<br />
by, at least, three members of the Society. A list of the<br />
candidates so nominated shall be sent to the members of<br />
the Society with the annual report of the Managing Com-<br />
mittee, and those candidates obtaining the most votes at<br />
the general meeting shall be elected to serve on the Pension<br />
Fund Committee.”<br />
<br />
In case any member should desire to refer to<br />
the list of members, a copy complete, with the<br />
exception of those members referred to in the note<br />
at the beginning, can be obtained at the Society’s<br />
office.<br />
<br />
It would be as well, therefore, should any of the<br />
members desire to put forward candidates, to take<br />
the matter within their immediate consideration.<br />
The general meeting of the Society has usually<br />
been held towards the end of February or the<br />
beginning of March. ‘This notice will be repeated<br />
in the January number of The Author. It is<br />
essential that all nominations should be in the<br />
hands of the secretary before the 31st of January,<br />
1904.<br />
<br />
o—~<> «-<br />
<br />
<br />
60<br />
<br />
AFLALO AND COOK vy. LAWRENCE AND<br />
BULLEN.<br />
<br />
—1——+ —<br />
<br />
HIS case came before the House of Lords on<br />
November 13th, the defendant company<br />
having appealed from the judgments given<br />
<br />
in the Court of First Instance and in the Court of<br />
Appeal to the House of Lords. The facts of the<br />
case may be briefly set forth as follows :—<br />
<br />
The plaintiff, Aflalo, conceived a scheme for the<br />
publication of a work to be called “The Encyclo-<br />
peedia of Sport.” The defendants determined to<br />
adopt the scheme making the plaintiff, Aflalo,<br />
editor under an agreement, the chief terms of<br />
which were as follows :—<br />
<br />
That for his editorial services the plaintiff<br />
should be paid £500, and a further sum to cover<br />
expenses of postage, etc. :<br />
<br />
That the plaintiff should write, without further<br />
fee, 7,000 words as special articles, and contribute<br />
all the unsigned articles that might be required.<br />
<br />
That the plaintiff should be entitled to pursue<br />
his literary work so far as it did not interfere with<br />
the performance of his editorial duties.<br />
<br />
That the defendants might determine the agree-<br />
ment under certain conditions.<br />
<br />
Under this agreement the work was produced,<br />
and the plaintiff Aflalo contributed an article,<br />
entitled “Sea Fishing.” Prior to the commence-<br />
ment of the action he was registered as the holder<br />
of the copyright. The plaintiff Aflalo, as editor,<br />
further arranged with the co-plaintiff Cook, for<br />
the latter to contribute certain articles at certain<br />
prices on terms contained in a letter dated June 2nd,<br />
1896. The following, omitting the formal parts,<br />
is a copy :—<br />
<br />
“IT am now requested by Messrs. Lawrence and Bullen<br />
to definitely ask you to undertake for their forthcoming<br />
“Encyclopedia of Sports and Pastimes” the following<br />
work. Of the angling article 5,000 words and separate<br />
articles of 5,000 each on trout and pike.<br />
<br />
“The former (angling) we should want in by the middle<br />
of July, the two latter will do later. The remuneration<br />
will be at the rate of £2 per thousand, payable ordinarily<br />
when the work is passed for press, but if you prefer letting<br />
us have all the trout and pike articles in by August I<br />
understand the publishers will make no difficulty about<br />
paying for the whole by October. Will you also see Senior<br />
about your share in the angling article, and also let us know<br />
if these terms are satisfactory.”<br />
<br />
These articles were written and appeared in the<br />
“Encyclopedia.” Prior to the commencement of<br />
the action the plaintiff Cook was registered as the<br />
proprietor of the copyright in his articles. In<br />
neither of the agreements with the plaintiffs (i.e.,<br />
the above-mentioned agreement and letter) was<br />
there any express stipulation as to the proprietor-<br />
ship of or copyright in any of the articles so<br />
contributed by them.<br />
<br />
THE AUTHOR.<br />
<br />
In 1900 the defendants published a book, entitled<br />
“The Young Sportsman,” containing copies of each<br />
of the said articles or substantial portions of them.<br />
The plaintiffs alleged that such reproduction in-<br />
fringed their copyright, and further that it was a<br />
publication of the said articles separately or singly<br />
within the meaning of section 18 of the Copyright<br />
Act. The plaintiffs claimed injunction and<br />
damages.<br />
<br />
The defendants put in issue the allegations of the<br />
plaintiffs. They denied that the plaintiffs were<br />
the holders of the copyright in the articles, and<br />
claimed that an implied term of the agreement<br />
between them and the plaintiff Aflalo was that the<br />
copyright should belong to the defendants as pro-<br />
prietors of the “ Encyclopedia,” or that alternately,<br />
the plaintiff became their servant for the purpose<br />
contemplated in the agreement, and all the work<br />
he did was their absolute property.<br />
<br />
That the plaintiff Cook was employed by them<br />
upon the terms contained in the letter of June<br />
quoted above. That the said articles were paid for<br />
by the defendants upon the terms contained in<br />
the said letter, and that it was an implied term<br />
of the plaintiff Cook’s said employment that the<br />
copyright in the said articles should belong to the<br />
defendants as proprietors of the “‘ Encyclopedia.”<br />
<br />
They admitted publishing “The Young Sports-<br />
man,” and that as they were entitled to do they<br />
reprinted therein the said articles or portions<br />
thereof. And by way of counter-claim the defen-<br />
dants claimed a deévlaration that they were the<br />
proprietors of the copyrights in the said articles,<br />
and an order expunging from the book of registry<br />
the entries whereby the plaintiffs had wrongfully<br />
registered themselves as such proprietors and<br />
damages and costs.<br />
<br />
In order to assist further those interested in the<br />
judgment we print the portion of the second section<br />
of the Copyright Act referred to herein, and the<br />
eighteenth section in full :—<br />
<br />
Section 2. “In the construction of this Act the word.<br />
“Book” shall be construed to mean and include every<br />
volume, part or division, of a volume, pamphlet, sheet of<br />
letter-press, sheet of music, map, chart, or plan separately<br />
published.”<br />
<br />
Section 18. “ When any publisher or other person shall,<br />
before or at the time of the passing of this Act, have pro-<br />
jected, conducted and carried on, or shall hereafter project,<br />
conduct, and carry on, or be the proprietor of any encyclo-<br />
pedia, review, magazine, periodical work, or work published<br />
in a series of books or parts, or any book whatsoever, and’<br />
shall have employed or shall employ any persons to compose<br />
the same, or any volumes, parts, essays, articles or portions.<br />
thereof, for publication in or as part of the same, and such<br />
work, volumes, parts, essays, articles or portions shall have<br />
been or shall hereafter be composed wrder such employ-<br />
ment on the terms that the copyright therein shall belong<br />
to such proprietor, projector, publisher, or conductor, and<br />
paid for by such proprietor, projector, publisher, or con-<br />
ductor, the copyright in every such encyclopedia, review,<br />
magazine, periodical work, and work published in a series:<br />
<br />
<br />
<br />
<br />
<br />
<br />
THE AUTHOR. 61<br />
<br />
of books or parts, and in every volume, part, essay, article,<br />
and portion so composed and paid for, shall be the property<br />
of such proprietor, projector, publisher, or other conductor,<br />
who shall enjoy the same rights as if he were the actual<br />
author thereof, and shall have such term of copyright<br />
therein as is given to the authors of books by this Act;<br />
except only that in the case of essays, articles, or portions<br />
forming part of and first published in reviews, magazines,<br />
or other periodical works of a like nature, after the term of<br />
twenty-eight years from the first publication thereof respec-<br />
tively the right of publishing the same in a separate form<br />
shall revert to the author for the remainder of the term<br />
given by this Act : Provided always, that during the term<br />
of twenty-eight years the said proprietor, projector, pub-<br />
lisher, or conductor shall not publish any such essay,<br />
article, or portion separately or singly without the consent<br />
previously obtained of the author thereof, or his assigns :<br />
Provided also, that nothing herein contained shall alter or<br />
affect the right of any person who shall have been or shall<br />
be so employed as aforesaid to publish any such his com-<br />
position in a separate form, who by any contract, express<br />
or implied, may have reserved or may hereafter reserve to<br />
himself such right; but every author reserving, retaining,<br />
or having such right shall be entitled to the copyright in<br />
such composition, when published in a separate form,<br />
according to this Act, without prejudice to the right of<br />
such proprietor, projector, publisher, or conductor as<br />
aforesaid.”<br />
<br />
The case in the Court of First Instance was<br />
heard on July 81st, 1901, before the Hon. Mr.<br />
Justice Joyce, and judgment was given in favour<br />
of the plaintiffs on the same date. His lordship’s<br />
judgment is reported in the Law Reports, 1902,<br />
1 Ch., p. 264.<br />
<br />
From this judgment the defendants appealed to<br />
His Majesty’s Court of Appeal, and the appeal was<br />
heard before the said Court, consisting of Lords<br />
Justices Vaughan Williams, Romer, and Stirling<br />
upon June 30th and July Ist, 1902, when their<br />
lordships took time to consider their judgments.<br />
Upon August 11th, 1902, their lordships inti-<br />
mated that they desired to hear further arguments<br />
-upon the point whether under the circumstances<br />
and having regard to the definition of a “ book”<br />
in section 2 of the Act and to section 3, the plain-<br />
tiffs had any such right as entitled them to main-<br />
tain their action—copyright or any other right.<br />
And the said appeal was further heard and argued<br />
efore the said Court upon December 6th, 1902,<br />
when their lordships again took further time to<br />
consider their judgments ; and on December 18th,<br />
1902, they delivered judgments differing in opinion,<br />
Lord Justice Vaughan Williams delivering judg-<br />
ment in favour of the defendants the appellants,<br />
whilst Lords Justices Romer and Stirling delivered<br />
judgment in favour of the plaintiffs. The plaintiffs<br />
accordingly obtained a second decision in their<br />
favour. Their lordships’ judgments are reported<br />
in the Law Reports, 1903, 1 Ch., p. 318.<br />
<br />
From this judgment the defendants again ap-<br />
pealed to the House of Lords. The appeal was<br />
heard on November 13th. Their lordships gave<br />
their judgments as follows :—<br />
<br />
Tue Lorp CHANcELLOR.—My lords, if I had<br />
not come to the conclusion that the case is covered<br />
by authority I should have desired further time to<br />
consider the mode in which I should express the<br />
views I entertain.<br />
<br />
I think it is absolutely impossible, after the<br />
decision arrived at just about half a century ago<br />
upon this very point, and confirmed as it is by a<br />
decision of the Court of Appeal, to render it<br />
doubtful what the decision on this appeal ought to<br />
be. Ido not deny that there may be—there pro-<br />
bably is—a distinction between the inference of<br />
fact that would be drawn from the fact that a<br />
person had employed another to create something<br />
for him if it was a mere material subject and the<br />
rule which would apply to literary composition.<br />
Although there is a distinction in that respect<br />
which ought to be insisted upon, on the other<br />
hand, literary compositions are subjects of barter<br />
and sale. When a person is employed to create<br />
some literary composition, and that involves some-<br />
body else spending money for its publication, and<br />
incurring the responsibilities and great risk that<br />
may attend the publication, it is impossible not to<br />
recognise the fact that some of the inferences at<br />
all events could have been drawn from those facts<br />
of employment and payment which would naturally<br />
attach to the payment for something for which<br />
another person was employed. It is not a question<br />
of law ; it is a question of fact to be derived from<br />
all the circumstances of the case what is the nature<br />
of the contract entered into between the parties.<br />
<br />
My lords, I must say I thought that we had<br />
arrived at some sort of concurrence by the<br />
learned counsel themselves in the course of the<br />
argument, that in the construction of the eighteenth<br />
section, at all events, there were two propositions<br />
that could not be disputed. The first was that the<br />
bargain between the parties involving this question<br />
of copyright need not be in writing. Secondly,<br />
that no express words were necessary in order to<br />
constitute the contract, such as it is, contemplated<br />
by the statute. I must say I can entertain no<br />
doubt that this is one of those inferences which<br />
you are entitled to draw, but for which you can lay<br />
down no abstract rule. That which may be im-<br />
plied in a contract must depend very much on<br />
what the contract is—the nature of the contract—<br />
and whether or not the written contract displaces<br />
every other term whatsoever ; because, in the infi-<br />
nite variety of dealings among mankind, there are<br />
some things which none would think of expressing<br />
in terms, although undoubtedly they would form<br />
part of any contract made on such a subject.<br />
<br />
Now, my lords, as I have said, this case, I<br />
think, is concluded by authority, and, therefore, I<br />
do not want to re-argue the matter; but I rather<br />
concur with what fell from my noble and learned<br />
62<br />
<br />
friend Lord Davey, that if this question had not<br />
been raised and decided half a century ago, it would<br />
have been open to consideration whether or not<br />
the eighteenth section did not imply some express<br />
contract, at all events, one way or the other ; but<br />
where a state of law has been recognised now for<br />
half a century and confirmed by the Court of<br />
Appeal, it would be, I think, a startling novelty for<br />
your lordships to treat that as res integra, which<br />
we should determine for ourselves without reference<br />
to previous decisions. .<br />
<br />
My lords, I confess I should feel great hesi-<br />
tation in disagreeing with any proposition that<br />
had been laid down by such a Court presided over<br />
by such Judges as those who decided the case<br />
in the Common Pleas, which has been referred to,<br />
<br />
I think, after the very careful review of<br />
those cases that have been brought before your<br />
lordships by the learned counsel who very ably<br />
and candidly argued this question on the part of<br />
the plaintiffs, it is unnecessary to go through the<br />
whole of these authorities beyond this: if one<br />
looks at that case in the Common Pleas, one<br />
sees it was decided upon a special case, and<br />
the learned Judges were unanimous in their<br />
decision that you could infer a transfer of the<br />
copyright from the facts, and then when you look<br />
and see what the facts are to which they refer<br />
as being those from which a reasonable man would<br />
infer it, it is manifest that the question which<br />
is raised here, about the possibility of competition,<br />
formed no factor in the problem which the learned<br />
Judges decided. It is said: “Here is a person<br />
who is for the purpose of profit selling to a person<br />
who is to adventure and risk his money in the<br />
concern, and unless you come to the conclusion<br />
as a matter of reasonable inference that the copy-<br />
right in the thing so purchased was to belong to<br />
him, the result would be that he would get nothing<br />
for his money.”<br />
<br />
My lords, that is a general observation which<br />
I think may very properly be made in the abstract.<br />
People do not spend money except upon the hypo-<br />
thesis that they get something for it, and unless<br />
you give to the bargain the effect which the<br />
language itself seems to import, that the person<br />
who is the projector, the publisher, and who is<br />
called “the proprietor,” is to stand in the shoes<br />
of the actual author, and if you are to treat it<br />
as it has been treated at the Bar here, the truth<br />
is the projector, the publisher, and so forth would<br />
get nothing for his money, because the whole<br />
object of his publication might be defeated the<br />
very next day either by the same person to whom<br />
he had paid the money, or by any stranger who<br />
might obtain the result of if. It seems to me,<br />
therefore, that it would be a very unreasonable<br />
inference to draw from such a transaction as this,<br />
<br />
THE AUTHOR.<br />
<br />
that the person who paid the money was not to<br />
have the right which would, as a matter of business<br />
in the case of a publisher where he is buying<br />
literary compositions, naturally be the thing for<br />
which he pays. He is the publisher, not the<br />
author ; he goes to the author and buys from him<br />
what the author composes. Under these circum-<br />
stances, my lords, it seems to me it would be a<br />
most unreasonable inference for one to draw from<br />
the facts, in proof in this case, if I were not to<br />
suppose that the person who paid that money and<br />
incurred that risk was not to have the complete<br />
right such as the original author would have had if<br />
it were not published in this way, to publish it<br />
himself.<br />
<br />
Therefore, my lords, I think the appeal ought<br />
to be allowed and the judgment ought to be<br />
reversed. ;<br />
<br />
As I have already intimated, another question<br />
has been raised (I mean the words “ separately<br />
published”) upon which I propose to give no opinion<br />
at all. I therefore propose to leave that question,<br />
because it is not necessary to decide it for the pur-<br />
poses of the present case.<br />
<br />
Lorp S#HAND.—My lords, as your lordships<br />
have resolved that there shall be no decision given<br />
on the question which has been raised under<br />
section 2 of the Statute as to the effect of the<br />
words “separately published,” there used in regard<br />
to the publication of the different articles, with<br />
others in an encyclopedia or magazine, I shall say<br />
no more than that I am certainly not prepared,<br />
from the arguments we have heard, to agree with<br />
Lord Justice Vaughan Williams in what he alone<br />
has said on that subject.<br />
<br />
With reference to the case otherwise, I entirely<br />
agree with what has fallen from my noble and<br />
learned friend on the Woolsack. The question<br />
really here to be decided is whether the copyrights<br />
have been transferred by the publication from the<br />
authors to the publisher.<br />
<br />
The case is one in which the publisher’s right<br />
depends on its being shown that the articles were<br />
contributed “on the terms” that the copyright in<br />
them should belong to him. Upon that question<br />
I think we have important facts to consider. In<br />
dealing with it, it has not been disputed, that<br />
although the agreement is contained in writing, it<br />
is not necessary that the terms as to copyright<br />
shall be expressly stated, and where as here there<br />
are not express terms, it is enough to create a<br />
transfer of the right, if that right be implied from<br />
the nature and whole circumstances of the publica-<br />
tion, and the arrangement and transaction between<br />
the parties. As bearing upon that matter I think<br />
in the first place a very important point is that the<br />
publisher conceives the creation of the magazine<br />
which he publishes as his undertaking for his<br />
<br />
<br />
<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
profit ; that it is for the purpose of his magazine<br />
that the articles are contributed. Again, the<br />
articles as so contributed for the purpose of being<br />
used in his magazine are given on his employment,<br />
and on his payment undertaken and made.<br />
Regarding those circumstances together, it appears<br />
to me that the articles are contributed on the<br />
footing that on payment under such employment<br />
they shall become his property.<br />
<br />
The Statute declares that if transferred on terms<br />
having this effect they shall be the property of the<br />
proprietor or publisher, who shall enjoy the same<br />
rights as if he were the “ actual author thereof.”<br />
It appears to me that it would be inconsistent<br />
with the notion that they were to become his<br />
property as if he were the author and with all the<br />
full rights of the author, that there should be still<br />
left in the author after payment made to him a<br />
property which would enable him to use the same<br />
articles in other magazines. This would clearly<br />
follow if the appellants’ contention were sound.<br />
It would give the publisher little if any benefit for<br />
the payment he had made, and I think that<br />
circumstance so inconsistent with the result of the<br />
payment made in the circumstances as of itself<br />
sufficient to show that the practical result of what<br />
happened between the parties, having regard also<br />
to the clause in the Statute, is that the terms to be<br />
inferred are that the copyright should belong to the<br />
proprietor or publisher ; and that is to my think-<br />
ing, therefore, the inference to be drawn from the<br />
contract between the parties.<br />
<br />
On these grounds, my lords, and concurring with<br />
all that his lordship has said upon the authority<br />
of the cases in the past, I am of opinion that<br />
the decision of the Court of Appeal should be<br />
reversed.<br />
<br />
Lorp Davey.—My lords, I am of the same<br />
opinion. If this matter could be regarded ag res<br />
integra I think that there would be a great deal to<br />
be said for a construction of the eighteenth section<br />
such as that which was contended for by the<br />
learned counsel in the case which was referred to<br />
of Lamb v. Evans, viz., that it was for the publisher<br />
or proprietor to prove an agreement that the com-<br />
poser or author was employed upon the terms that<br />
the copyright should belong to the publisher. But,<br />
my lords, any such proposition as that would be<br />
inconsistent with the law as laid down in the cases<br />
to which my noble and learned friend has referred,<br />
of Sweet v. Benning, and the more recent case of<br />
Lamb v. Evans.<br />
<br />
My lords, the law which I understand to be laid<br />
down in Sweet v. Benning is that it is not necessary,<br />
according to the true constructionof the eighteenth<br />
section of the Copyright Act, that you should find<br />
an actual agreement that the copyright should<br />
belong to the proprietor; nor indeed is it even<br />
<br />
63<br />
<br />
necessary to find special circumstances which lead<br />
to that conclusion. I say so because I find that in<br />
the case of Sweet v. Benning the special case upon<br />
which the opinion of the Common Pleas was<br />
delivered contained a statement that nothing was<br />
said between the parties affecting copyright. I<br />
can find no special circumstances stated in the<br />
special case, and the decision seems to me to have<br />
been founded only upon the nature of the employ-<br />
ment, the nature of the publication and the<br />
relation of the parties,<br />
<br />
My lords, Mr. Justice Joyce tells us in his<br />
judgment: “I decide this case upon the short<br />
ground that I see no special circumstance either<br />
in the nature of the work or in the terms or in the<br />
nature of the employment, from which I can infer,<br />
or must infer, that which is not expressed, namely,<br />
that the copyright is to belong to the proprietor.”<br />
That being so, he says in another passage that the<br />
consequence would not be different from what it<br />
would be in an ordinary case. Now, my lords, [I<br />
do not think that that decision was consistent with<br />
Sweet v. Benning or Lamb v. Evans. I think that<br />
what the Court has to do is to look at all the<br />
circumstances of the case and to say as a jury,<br />
what is the inference which you would draw ? or as<br />
Lord Justice Bowen puts it in his judgment in<br />
Lamb v. Evans, what is the way in which business<br />
men would look at the question ?<br />
<br />
My lords, of course what the inference should be<br />
isa matter of fact, and for my own guidance [<br />
adopt the rule laid down by Lord Justice Kay in<br />
Lamb v. Evans, as correctly stating what I under-<br />
stand to be the law, and therefore I ask myself<br />
what is the inference which I am to draw from<br />
these circumstances ? The circumstances are that<br />
the publisher is minded for his own profit to<br />
publish an “ Encyclopedia of Sport” ; he is prepared<br />
to spend, and he does spend, a very large sum of<br />
money, amounting to some thousands of pounds,<br />
upon the enterprise in which he is engaged ; he<br />
employs a gentleman to act as editor and also to<br />
write some of the articles at a given salary, and<br />
through the editor he employs another gentleman<br />
named Mr. Cook to write articles for a given<br />
remuneration. Those are all the material facts of<br />
the case ; and I have to ask myself what is the<br />
inference that I draw from those facts. That, I<br />
repeat, is a matter of fact and not a matter of law.<br />
No doubt one may gain some assistance from the<br />
way in which a similar set of facts have been<br />
regarded in other cases ; but after all, where it is<br />
a question of fact each case must stand upon its<br />
own merits.<br />
<br />
My lords, if I were to express my opinion as a<br />
juryman upon the facts I have mentioned, I should<br />
say that it was one of the terms on which these<br />
gentlemen were employed to write articles for the<br />
64<br />
<br />
« Encyclopedia,” that the copyright should belong<br />
to the proprietor, and I say so for this reason, ‘The<br />
‘* Encyclopeedia ” was to be his property, it was to be<br />
his book, he was to derive the benefit and profit to<br />
be derived from its publication ; and therefore I<br />
should assume that in buying the articles written<br />
by these gentlemen the inference 18 that both<br />
parties intended that the proprietor should have<br />
the right that was necessary for him to protect the<br />
property which he had purchased, and adequately<br />
to protect the enterprise for the purpose of which<br />
these articles were intended to be used. In my<br />
judgment he could not adequately protect the<br />
articles which he had purchased, or his property,<br />
in the book for the purpose of which the articles<br />
were written and purchased, without having the<br />
right to prevent an invasion—I hardly like to say<br />
of the copyright, but I must say of the copyright<br />
in those articles. ‘Therefore the inference I should<br />
draw would be the same as was drawn in the cases<br />
of Sweet v. Benning and Lamb v. Evans ; and for<br />
my part 1 am perfectly prepared to adopt every<br />
word of the judgment of Lord Justice Bowen, and<br />
that of Lord Justice Kay, as well as the judgments<br />
in the earlier cases. If I might choose one passage<br />
which I think expresses my meaning in better<br />
terms than I could use myself, I ask leave to read<br />
this passage from the judgment of Lord Justice<br />
Kay : “ What is the fair inference from the facts<br />
of the case? Surely the inference is that the<br />
man who is to go to the expense of printing and<br />
publishing this book will, as between him and the<br />
agents he may have employed to assist him in<br />
the compilation of it, have in himself whatever<br />
property the law will give him in that book.<br />
That is the inference I should certainly draw ;<br />
and, I think, in this case it is sufficiently clear, in<br />
the absence of evidence to the contrary, that the<br />
terms of employment of those several agents<br />
involved this, that the copyright in the portions<br />
of this book which they composed should belong<br />
to the owner of the book.”<br />
<br />
Lorp Rogertson.—My lords, in my opinion<br />
this case ought to have been decided on the<br />
authority of Sweet v. Benning and Lamd v. Evans,<br />
as furnishing a rule of inference applicable to the<br />
facts of the present case.<br />
<br />
I do not think that the conclusion which I sup-<br />
port is accurately described as inferring one of three<br />
statutory requirements from the existence of two.<br />
Whether that inference be legitimate or not must<br />
depend on the nature and on the other conditions<br />
of the employment ; and the cases to which I refer<br />
do nothing to take the question out of the region<br />
of fact. Butit is obvious that the facts of employ-<br />
ment and of payment stand in a different category<br />
from the terms on which employment and payment<br />
take place, those terms being necessarily an element<br />
<br />
THE AUTHOR.<br />
<br />
or ingredient in the employment, and not a separate<br />
or independent fact.<br />
<br />
Accordingly the view of the two Lords Justices<br />
about the three conditions all requiring, by the<br />
structure of the section, to be proved, really means<br />
that an express agreement about copyright must be<br />
proved, or the writer retains the copyright. Unable<br />
as I am to accept this view, which is opposed to the<br />
decision in Sweet v. Benning, and indeed was not<br />
supported by Mr. Scrutton, I am free to consider<br />
what is prima facie the proper inference ; and I<br />
prefer, on its merits and also from its authority,<br />
the inference of Sweet v. Benning.<br />
<br />
The result has been that the judgments of the<br />
two Courts below have been reversed and dis-<br />
charged and final judgment given that the action<br />
be dismissed with costs,<br />
<br />
aa ee<br />
<br />
OUR BOOK AND PLAY TALK.<br />
<br />
oe<br />
<br />
ROFESSOR J. E. GORE, F.R.A.S., M.R.LA.,<br />
<br />
who published recently a book entitled “‘ The<br />
<br />
Stellar Heavens: An Introduction to the<br />
<br />
Study of the Stars and Nebule” (Chatto and<br />
<br />
Windus), has in hand a work on the constella-<br />
<br />
tions, with special reference to the Persian astro-<br />
<br />
nomer, Al-Sufi’s, “‘ Description of the Fixed Stars,”<br />
<br />
written in the tenth century. This will probably<br />
<br />
be published early next year. Professor Gore has<br />
<br />
also nearly ready for the press a collection of popular<br />
<br />
articles on astronomical and other scientific sub-<br />
jects.<br />
<br />
Mr. de V. Payen-Payne, Hon. Treasurer of the<br />
Modern Language Association, Principal of Ken-<br />
sington Coaching College, &c., &c., is compiling a<br />
“ Scientific French Reader” for Messrs. Blackie; be<br />
is also editing a series of ‘‘Short French Readers’’<br />
for Mr. Nutt, and is correcting Cassell’s “ French<br />
Dictionary.” Then the Cambridge University Press<br />
will shortly publish an abridgment of Gautier’s<br />
“Voyage en Italie,” annotated by Mr, de VY.<br />
Payen-Payne.<br />
<br />
Mr. A. C. Benson has a study of Tennyson<br />
(Methuen’s “ Little Biographies”) coming out<br />
very soon; also a small selection of “ Whittier,”<br />
which is to be published by Messrs. Jack, of Hdin-<br />
burgh; while his “ Rossetti’? (Macmillan’s ‘* Men<br />
of Letters” series) is in the press. At the end of<br />
this year Mr. Benson resigns his mastership at<br />
Eton, which he has held for nineteen years, and<br />
he will take up, with Viscount Esher, the task of<br />
editing ‘Queen Victoria’s Correspondence from<br />
1837—1861.”<br />
<br />
Major Greenwood, M.D., L.L.B., has a novel in<br />
hand. His book, The Law Relating to the Poor<br />
<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
Law Medical Service,” is now being advertised by<br />
the medical press. Messrs. Bailli¢re, Tindall and<br />
Cox are the publishers of it. :<br />
<br />
Mr. James Baker, F.R.G.S., F.R.Hist.Soc., is<br />
now travelling in the East, and will be making a<br />
tour in the Holy Land. Before leaving Clifton he<br />
was engaged on a series of topographical articles,<br />
and he has completed a novel on Oxford life. He<br />
has been writing a great deal on technical educa-<br />
tion and technical agricultural education for the<br />
Leeds Agricultural College.<br />
<br />
Mr. Baker is also preparing several lectures for<br />
the early part of 1904 on Egypt, Russia, &c. He<br />
has lately written, too, an article on the life of<br />
Macaulay, using for it some of Macaulay’s hitherto<br />
unpublished letters.<br />
<br />
Mr. Wynford Dewhurst, R.B.A., will publish<br />
immediately through Messrs. Newnes & Co. his<br />
book, ‘‘ Impressionist Painting.’ Its price is 25s.,<br />
and it will contain some 50,000 words and about<br />
100 illustrations in monochrome and colours.<br />
There will be photographs and short biographies of<br />
leading impressionist artists. The whole is the out-<br />
come of many years ofart study, of friendships with<br />
the impressionist painters, and of strong conviction.<br />
<br />
Mr. G. B. Buckton, F.R.S., has recently published,<br />
through Messrs. Lovell, Reeve & Co., a “ Mono-<br />
graph of the Membracide.” The family of insects<br />
it treats of is only barely represented in this<br />
country. A review of the extraordinary develop-<br />
ment of the five hundred insects Mr. Buckton<br />
draws and colours is highly suggestive. Professor<br />
E. B. Poulton, of Oxford, adds a valuable chapter<br />
to illustrate the effects of protective mimicry,<br />
which he assigns as the principal cause of these<br />
highly specialised forms.<br />
<br />
This monograph professes to be only pioneering<br />
work in an almost unexplored region of entomology<br />
—yet the spread of these curious insects is almost<br />
world-wide. Their chiefly known homes are the<br />
two continents of America, though the Old World<br />
is also well represented,<br />
<br />
We note three important books by members<br />
of the Society. There are Lord Wolseley’s two<br />
volumes of “ Memoirs,’ just out; there is Sir<br />
Gilbert Parker’s “ Old Quebec,” written in col-<br />
laboration with Mr. Claude G. Bryan; and there<br />
is Mr. EK. K. Chambers’ ‘‘ The Medieval Stage,” in<br />
two volumes.<br />
<br />
Lord Wolseley is an active member of our Society.<br />
He wrote an account of the China War in 1860.<br />
He is, besides, the author of “The Soldier’s Pocket<br />
Book,” which went through several editions ; he<br />
has written books on Napoleon, and has contributed<br />
numerous articles to the leading magazines of<br />
England and America. Then last, but far from<br />
least, there are his two volumes on the great Duke<br />
of Marlborough,<br />
<br />
65<br />
<br />
The demand for the eighth edition of Lieut.-<br />
Colonel E. Gunter’s “ Officer’s Field Note and<br />
Sketch Book and Reconnaissance Aide-Mémoire,”<br />
published by Messrs. Wm. Clowes & Son, 23,<br />
Cockspur Street, Charing Cross, in August, hag<br />
been such that the edition is nearly exhausted.<br />
<br />
Mr. H. Rider Haggard’s novel, “ Stella Frege-<br />
lins,” appears at the beginning of next year. It<br />
is a mystical story of modern life. His romance,<br />
“The Brethren,” a tale of the Crusades, begins in<br />
Cassell’s Magazine next month. Mr. Hagvard is<br />
now engaged upon a sequel to “She,” and it will<br />
be published in the Windsor Magazine in due<br />
course.<br />
<br />
Sydney C. Grier is at present finishing a his-<br />
torical novel, which Messrs. Blackwood hope to<br />
publish in the spring. It is called “The Great<br />
Proconsul,” and deals with the Indian career of<br />
Warren Hastings, from his marriage in 1777<br />
to his return to England in 1785. The story is<br />
told in the first person by an inmate of his<br />
household, and aims at bringing out the lighter<br />
and more domestic side of his character, which is<br />
necessarily almost overlooked in the formal bio-<br />
graphies, while preserving the historical background<br />
intact.<br />
<br />
It is ten or twelve years since Sydney C. Grier<br />
began to collect the materials for this book, and<br />
for the past two years she has devoted herself to<br />
it exclusively, studying as little as possible the<br />
modern books written about Hastings, and as much<br />
as possible the immense mass of contemporary<br />
material still extant.<br />
<br />
Madame Albanesi is engaged on a novel, which,<br />
after serial production here, and in the United<br />
States, will be published in book form by Messrs.<br />
Methuen & Co. in England, and Messrs. McClure,<br />
Phillips & Co. in America.<br />
<br />
Madame Albanesi is also just finishing a series<br />
of stories for Zhe Onlooker, which are now running.<br />
Further, she is at work on a play—the dramatisa-<br />
tion of one of her own books—and she has certain<br />
serials to finish, which appear either anonymously<br />
or under a pen-name.<br />
<br />
The title of Miss Jean Middlemass’s novel “ Till<br />
Death Us Do Part” has been altered to “ Ruth<br />
Anstey,” owing to the fact that the former title has<br />
already been used,<br />
<br />
Mrs. Edith E. Cuthell’s new story for children<br />
will run as a serial in Cassell’s Little Folks in the<br />
last half of next year. Mrs, Cuthell, as in her<br />
early work “ Only a Guardroom Dog,” now in its<br />
second edition, tells of the life of an officer’s<br />
children and their pet. But the scene is now laid<br />
in India, and in the more remote and thrilling days<br />
of the Mutiny. The adventures are exciting, but<br />
all ends happily.<br />
<br />
Mr. F, Anstey has written a story for children<br />
66<br />
<br />
called “ Only Toys.” It contains numerous illus-<br />
trations by Mr. H. R. Millar, and tells how Santa<br />
Claus gave the gift of speech and movement to the<br />
toys belonging to a little boy and girl who con-<br />
sidered themselves too big and far too clever to play<br />
with them. Mr. Grant Richards is the publisher<br />
of “Only Toys.”<br />
<br />
. yes. Bright,” by Miss Montgomery-Campbell<br />
(Jarrolds, 1s. 6d.), a book of heroic deeds for lads,<br />
dedicated to the Church Lads’ Brigade, has just<br />
been published, and has received favourable notices<br />
from the provincial press. ‘The second edition of<br />
“Qld Days in Diplomacy,” which Miss Montgomery-<br />
Campbell was instrumental in bringing before the<br />
public, and for which she wrote a preface, is being<br />
widely read, and has been warmly praised by<br />
diplomatists. :<br />
<br />
Mrs. E. M. Davy’s new book of stories, “ Seven<br />
of Them,” was published the other day. All the<br />
tales contained in the volume have appeared in<br />
good English and American serials.<br />
<br />
Two of Miss R. N. Carey’s recent books, “ Rue,<br />
With a Difference,” and “Heart of Grace,” have<br />
been published in cheap standard editions. “A<br />
Passage Perilous” is being issued in Baron Tauch-<br />
nitz’s Continental series. a ov<br />
<br />
Norley Chester’s new book, “ Cristina,” is just<br />
out. It is published by Messrs. Swan Sonnen-<br />
schein.<br />
<br />
Messrs. Kegan Paul, Trench, Triibner & Co.<br />
have ready a new and cheaper edition of Mr.<br />
Austin Dobson’s ‘The Ballad of Beau Brocade,<br />
and Other Poems of the XVIIIth Century,”<br />
with fifty-five illustrations by Hugh Thomson,<br />
price 2s. 6d. net, and 3s. 6d. net. There is a<br />
special edition, limited to 250 copies, with all<br />
the illustrations coloured by hand, at 12s. net.<br />
<br />
In his “ Fanny Burney” (Messrs. Macmillan’s<br />
“ English Men of Letters ” series), Mr. Dobson has<br />
given us a study of the surroundings in which<br />
that famous novelist was brought up ; there is a<br />
detailed account of Evelina and Cecilia; and a<br />
condensed account of George III.’s Court as Miss<br />
Burney saw it, including a touching picture of the<br />
king’s madness.<br />
<br />
Owing to the success of Mr. Powis Bale’s work,<br />
“A Handbook for Steam Users,” Messrs. Crosby<br />
Lockwood & Son will publish immediately a com-<br />
panion volume entitled “Gas and Oil Engine<br />
Management.”<br />
<br />
Mr. A. B. C. Merriman Labor, of the Colonial<br />
Secretary’s Office, is issuing this month the second<br />
edition of his handbook on Sierra Leone for 1904<br />
and 1905. It is a treasury of information relating<br />
to the Colonial and municipal governments, trade,<br />
religion, education, army and navy, and every con-<br />
ceivable matter of interest connected with the<br />
Colony and its Protectorate. Its price is 3s. net,<br />
<br />
THE AUTHOR.<br />
<br />
and the publisher is Mr. John Heywood, of Man-<br />
chester.<br />
<br />
The American Register, published weekly in<br />
Paris and London (13, Rue Tronchet, and 20, Hay-<br />
market, W.), has decided to include each week a<br />
Supplement of Sports, without extra charge. Its<br />
<br />
rice is 1d.<br />
<br />
Mr. Haldane Macfall spent some three years<br />
over his novel, “The Masterfolk,”” published a<br />
short while ago by Mr. Heinemann. Curiously<br />
enough both Mr. Wells and Mr. Bernard Shaw<br />
touch close on the heels of the idea embodied in<br />
“The Masterfolk.” It is in the (psychic) air, no<br />
doubt. Oddly enough, Mr. Macfall’s first title, “ A<br />
Strenuous Life,” was filched, all unwitting, by the<br />
President of the United States; and the second<br />
one, “ Youth,” was taken in all ignorance by Mr.<br />
Conrad.<br />
<br />
The main scheme of the book is that of a youth<br />
and maiden of to-day awaking into the modern<br />
idea and the modern thought: old ideas lie crumb-<br />
ling, new ideals are all untried, and the two move<br />
forward with all the splendid insolence of youth to<br />
try them. To quote his own words :—<br />
<br />
“T look upon the novel as the great literary means of<br />
artistic expression to-day ; not as a mere tale, or a cold,<br />
polished marble unity, but as a splendid artistic instrument<br />
in which the prose of each chapter should leap to the mood<br />
of the idea expressed, moving in slow cadence of prose to<br />
the solemn mood, and skipping light-footedly to the jigging,<br />
lyrical emotions. . . . Well, in some hundred movements,<br />
or chapters if you will, I have tried to give emotionally<br />
the lives of this pair of humans, with the secondary<br />
harmonies of others, moving to the goal in which they<br />
would find the meaning of life.”<br />
<br />
Mr. Macfall is now at work on a comedy “ of<br />
the rollicking high-comedy complexion.”<br />
<br />
“‘My Lady’s Favour” is the title of a (one-act)<br />
Little Comedy in black and white, by Mary C.<br />
Rowsell and E Gilbert Howell. It is published by<br />
Samuel French, Limited, 26, Southampton Street,<br />
Strand. Miss Rowsell has also published two<br />
musical fairy-extravaganzas for private perform-<br />
ance, and “ Richard’s Play.” This last was written<br />
with Mr. Joseph J. Dilley.<br />
<br />
Mr. George Alexander will return to the St.<br />
James’s Theatre on January 28th, and will start<br />
with “ Old Heidelberg.”<br />
<br />
It stands at present that Mr. Tree will produce<br />
the Japanese play, “The Darling of the Gods,”<br />
on the 28th inst. Miss Lena Ashwell will take<br />
the part of Yo-San.<br />
<br />
Mr. Arthur Bourchier will produce Mr. J. L.<br />
Toole’s version of “‘The Cricket on the Hearth,”<br />
at the Garrick for a Christmas run. The music is<br />
by Mr. Edward Rickett.<br />
<br />
Mr. Seymour Hicks’ new musical play “The<br />
Cherry Girl” is to be produced at the Vaudeville<br />
on or about the 10th inst.; and Messrs. Seymour<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
THE AUTHOR. 67<br />
<br />
icks and Ivan Caryll’s new musical play “The<br />
Ouy Gil” is to be plied at the Adelphi on<br />
7th inst.<br />
ae date Mr. E. 8. Willard will revive<br />
“The Professor’s Love Story” at the St. James’s<br />
re.<br />
Tye Sideraand that Captain Basil Hood’s new<br />
comedy, “ Love in a Cottage,” will be produced at<br />
Terry’s Theatre early in 1904.<br />
<br />
When Miss Lena Ashwell was the guest of the<br />
New Vagabonds’ Club last month, Mr. A. E. W.<br />
Mason presided ; and amongst those present were<br />
Mr. and Mrs. Anthony Hope, Mrs. Arthur Stannard,<br />
Mrs. Heron-Maxwell, and Lady Colin Campbell.<br />
<br />
Mr. Haddon Chambers is in New York super-<br />
intending the rehearsal of his new play “The By-<br />
Path,” which is to be produced by Miss Annie<br />
Russell.<br />
<br />
—_—_ +o o-_<br />
<br />
PARIS NOTES.<br />
<br />
+--+<br />
<br />
HE literary season has begun in good earnest,<br />
and it is very evident that French authors<br />
have not all been holiday-making, as every<br />
<br />
week brings us a long list of new books, and the<br />
announcement of many new plays. Among the<br />
most interesting of the novels which have appeared<br />
during the last month is “Guilleri Guilloré,” by<br />
M. Charles Foley. The author has succeeded, as<br />
usual, in getting the atmosphere of the times<br />
about which he writes into his book. It is a novel<br />
which, though not precisely historical, treats of<br />
historical personages. The scene is laid in La<br />
Vendée, that heroic province of France, the history<br />
of which M. Foley has studied so thoroughly that<br />
he is now considered one of the greatest authorities<br />
on the subject.<br />
<br />
The plot of this new novel is based on an episode<br />
connected with the last of the Legitimist con-<br />
spiracies of 1832. ‘The famous Duchess of Berry<br />
has returned from exile and landed on the French<br />
coast, hoping to excite a movemeni i favour of<br />
her son. She finds friends in ua Vendée who are<br />
willing to risk their fortunes and even their lives<br />
in the cause of the young prince. The exploits of<br />
the courageous and fascinating young duchess,<br />
her wanderings in disguise, and her hairbreadth<br />
escapes are graphically described by M. Foley.<br />
Guilloré is a young aristocrat who, thanks to his<br />
fallen fortunes, political opinions, and the troubled<br />
times in which he lives, is separated from his<br />
fiancée. He, too, in his wanderings through La<br />
Vendée, takes his life in his hands, for, although he<br />
is not in the conspiracy, he runs the same risk ag<br />
the duchess, whom he meets disguised as a young<br />
man. He recognises her, but is too chivalrous to<br />
<br />
let her know this until he has escorted her in<br />
safety to her destination.<br />
<br />
The whole story of the political intrigue and<br />
the treachery of the man who betrays her is<br />
woven into M. Foley’s novel.<br />
<br />
From the first page to the last the book is<br />
captivating, with its melancholy Vendean atmo-<br />
sphere and its well-defined types of aristocrat,<br />
bourgeois and peasant. Most dramatic, too, are<br />
many of the incidents, and intensely so the scene<br />
in the street, when the duchess has been captured<br />
and is being led on foot through a dense crowd of<br />
spectators. Guilloré and his fiancée are there, too,<br />
watching with deep pity and dreading lest any<br />
word of insult should be uttered by the people.<br />
When the duchess reaches him, Guilloré, alone in<br />
all that vast assembly, takes off his hat and stands<br />
bareheaded as she passes by. The effect of his<br />
action is instantaneous, and all the men with one<br />
accord “in dead silence follow his example, moved<br />
with a feeling of respect and pity for the vanquished<br />
heroine.”’<br />
<br />
“T’Hau souterraine,” by MM. Paul and Victor<br />
Margueritte, can scarcely be called a novel. It is<br />
a most charming psychological study woven into<br />
a romance. Aicha is the daughter of an Arab<br />
chief who has been compelled to submit to French<br />
rule. On seeing that further rebellion is in vain,<br />
he not only bows to the inevitable but he deter-<br />
mines to make the best of it. He is soon on<br />
friendly terms with his conquerors, who find him<br />
most useful in his native country, so that as time<br />
goes on he is able to take a high official post under<br />
the new dispensation.<br />
<br />
In order to flatter the French he educates his<br />
little girl in the European way, with the result<br />
that she marries one of the French officers. The<br />
great interest of the book lies in the conflict waged<br />
in the Arab soul between the great force of<br />
atavism and the new interests which come into the<br />
girl’s life. With her native intelligence and tact<br />
she is able to take her position as an officer’s wife<br />
in French society, and, through her deep affection<br />
for her husband, she becomes as it were a French-<br />
woman at heart. But when through a terrible<br />
catastrophe she is suddenly left a widow, the bond is<br />
snapped which has held her to her adopted country,<br />
and she returns to her native land to finish her<br />
days as an Arab woman. It is the dme invisible<br />
which is the “Eau souterraine,” as the author<br />
explains most poetically at the close of the book.<br />
<br />
“Une source vive jaillit de la terre... Elle<br />
orne la montagne et vivifiela plaine . . . Soudain,<br />
source, ruisseau, riviére, l’eau qu’on voyait a dis-<br />
paru . . . Mais tout & coup, a quelques kilometres<br />
ou & quelques lieues, l’eau qu’on croyait perdue,<br />
de nouveau surgit Ame invisible, eau<br />
souterraine.”<br />
68<br />
<br />
“T’Enfant 2 la Balustrade,” by M. René Boy-<br />
lesve, is another delightful story without any<br />
strong plot. It treats of provincial life and is<br />
supposed to be told by a boy. We can only say<br />
that, considering his age, the boy was marvellously<br />
observant and philosophical. It is the history of<br />
a certain M. Nadaud, a notary, in one of those<br />
country towns where everyone attends to his neigh-<br />
bour’s affairs. M. Nadaud is unfortunate enough<br />
to offend the great man of the town by purchasing<br />
a house which the said great man had intended to<br />
buy. This apparently simple incident is the great<br />
theme of the book. The notary has to endure all<br />
kinds of tribulations and humiliations, and we are<br />
introduced to nearly all the inhabitants of the<br />
town, for the silent quarrel between the wealthy<br />
man who keeps open house, and Monsieur Nadaud<br />
is a great and momentous event in which every<br />
person for miles round is concerned. _<br />
<br />
M. Boylesve excels in these provincial sketches,<br />
and succeeds admirably in taking his reader away<br />
from the rush and turmoil of city life to little, out-<br />
of-the-world places, where the inhabitants are<br />
entirely taken up with their own small interests<br />
and rarely give a thought to what is happening<br />
beyond the boundary of their own town.<br />
<br />
Madame Gautier has published the new volume<br />
of her Memoirs as the “ Second Rang du Collier.”<br />
This second volume is, perhaps, even more interest-<br />
ing than the first one. Another book of souvenirs<br />
which will be read with pleasure is “ La Cour et la<br />
Société du Second Empire,” the second series of<br />
which M. James de Chambrier has just published.<br />
There are in all about forty chapters, containing<br />
anecdotes and impressions, collected by the author,<br />
about the various literary men, artists and histori-<br />
cal personages of that epoch. There is a chapter<br />
on “ Thiers et Jules Simon,” another on “ Duruy<br />
et Napoléon III.,” some interesting notes about<br />
Gambetta Pasteur, Caro et l’Impératrice, the<br />
“Salons of Mme. Aubernon and Mme. Adamand,”<br />
various anecdotes in connection with the Embassies.<br />
Among the persons of interest who figure in this<br />
book are also Gounod, Sardou, Sarcey, Octave<br />
Fenillet, Mérimée, Augier, Rosa Bonheir, Sainte-<br />
Beuve, Renan, Lamartine, Coppée, Dumas, Georges<br />
Sand, Maupassant, Balzac, Rachel, Madame Patti,<br />
Alphonse Daudet, and many others.<br />
<br />
“Monsieur de Migurac, ou Le Marquis Philo-<br />
sophe,” by M. André Lichtenberger, is the story of<br />
the life and adventures of a “ gentilhomme péri-<br />
gourdin,” born in the year 1741, and is curious as<br />
a study of habits and customs.<br />
<br />
“Ernest Renan en Bretagne” is a new bio-<br />
graphy compiled by M. René d’Ys.<br />
<br />
M. Anatole France has also published, in pam-<br />
phlet form, an excellent résumé of the work of<br />
Ernest Renan. It is in reality the “Discours”<br />
<br />
THE AUTHOR.<br />
<br />
pronounced by M. France on the occasion of the<br />
inauguration of Renan’s statue at Tréguier, and<br />
gives an admirable idea of the great savant, both<br />
as a man and as a conscientious thinker and<br />
writer.<br />
<br />
“Forces Perdues ” is the title of the new volume<br />
by Pierre Baudin.<br />
<br />
“ Petites Confessions,” by M. Paul Acker, will<br />
appeal to amateurs of what is generally known as<br />
“literary gossip.” The volume consists of a series<br />
of articles entitled “ Visites” and “ Portraits<br />
Littéraires,” which have appeared in one of the<br />
Parisian dailies.<br />
<br />
Among the most interesting articles in the<br />
French Reviews are the following :—<br />
<br />
In the Revue des Deux Mondes—“ La Facheuse<br />
Equivoque,” a criticism by M. Brunetiére of “La<br />
Religion d’autorité et la Religion de I’ esprit.”<br />
<br />
The “ Correspondance inédite de Sainte-Beuve ”<br />
is also being continued in this review, and the<br />
serial story by Mrs. Humphry Ward, “ La Fille de<br />
Lady Rose.”<br />
<br />
Another serial translated from the English is<br />
“ Anticipations,” by H. G. Wells, in La Grande<br />
Revue.<br />
<br />
In this review there is an excellent article by<br />
M. C. Bouglé, ‘Contre le Darwinisme social ”<br />
(Les Conditions humaines de la lutte pour la vie).<br />
<br />
In La Renaissance Latine there ig an article<br />
by M. Loiseau on “La Russie et les réformes<br />
intérieures,”<br />
<br />
- In La Revue, M. d’Estournelles de Constant<br />
writes on “Le Mouvement pacifique,” and speaks<br />
in the highest terms of M. Roosevelt.<br />
<br />
There is also an article with some telling<br />
statistics, by M. Lefévre, entitled, “ Comment<br />
reconquerir la beauté, la force et la santé.”<br />
<br />
“Les Anglais dans le roman francais moderne”<br />
is the title of an article by M. Leblond in the same<br />
review.<br />
<br />
The Weekly Critical has opened an enquiry on<br />
“Le Roman contemporain,’ and publishes the<br />
letters of Madame Daudet, M. de Régnier, M.<br />
Boylesve, Rachilde, and M. Albert Cim on the<br />
subject.<br />
<br />
The great theatrical events of the month have<br />
been the production of the two plays, “L’Adver-<br />
saire,” by MM. Capus and E. Aréne, and “ Jeanne<br />
Vedekind,” by M. Philippi. In the latter piece<br />
Mme. Sarah Bernhardt plays the part of a mére<br />
tragique to perfection, proving once more that a<br />
true artiste can adapt herself to any réle.<br />
<br />
“L’Adversaire” is an immense success, both<br />
from a literary and dramatic point of view, and<br />
M. Guitry scores another triumph.<br />
<br />
M. Antoine has been playing “La Guerre au<br />
Village,” by M. Trarieux, which is more or less a<br />
political piece.<br />
<br />
<br />
<br />
<br />
en<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
M. Bour has been fortunate in securing the play<br />
by M. Jacques Richepin, “ Cadet Roussel,” as it<br />
seems likely to have a long run, and M. Richepin<br />
is also fortunate in having his piece interpreted by<br />
an artiste of M. Bour’s talent and ability.<br />
<br />
The result of the differences between M. Porel<br />
and Mme. Réjane will probably be to change the<br />
Vaudeville programme considerably, and it is<br />
rumoured that Mme. Réjane will take a theatre<br />
of her own.<br />
<br />
As regards the success of a play, judged by a<br />
long run, we have an example in M. Pierre<br />
Decourcelle’s “ Deux Gosses,” (“ Two Little Vaga-<br />
bonds.”)<br />
<br />
A short time ago the author feted the thousandth<br />
representation of this piece, and since then it has<br />
been given a hundred times more. Reckoning the<br />
representations in countries for which it has not<br />
been sold outright, the piece has been played more<br />
than ten thousand times.<br />
<br />
Mile. Héléne Réyé, who created the réle of<br />
Clandinet, and played it 750 consecutive nights,<br />
is taking the same part now that it has been put<br />
on again. She has since then created Gavroche,<br />
in “Les Misérables,” and is certainly inimitable<br />
as the Parisian street arab.<br />
<br />
There are several important plays now being<br />
rehearsed, among‘others “ Le Retour de J érusalem ”<br />
and “ L’ Absent.”<br />
<br />
Auys HaLLArD.<br />
<br />
—____——_+—>—_-_<br />
<br />
“C.K. 8.” AND THE SOCIETY.<br />
<br />
—<br />
<br />
EMBERS of the Society will recollect that<br />
<br />
in the November number of Zhe Author<br />
<br />
a case was reported, in which Mr. John<br />
<br />
Long was the defendant, relating to a lost MS.,<br />
<br />
and a reply was made to some comments there-<br />
<br />
on printed in The Sphere by the writer signing<br />
himself “C. K. 8.”<br />
<br />
In the number of The Sphere for the 14th of<br />
November “CO. K. 8.” returned to the action of<br />
the Society in the case, in a statement of consider-<br />
able length, which occupied a column and a half,<br />
and contained over 1,100 words, comprising a<br />
number of inaccuracies and incorrect inferences<br />
both in fact and in law.<br />
<br />
Consequently, on November 20th the Secretary<br />
of the Society addressed to the Editor of a letter<br />
correcting some of the more material errors into<br />
which “C, K. 8.” had fallen.<br />
<br />
For brevity’s sake, minor matters, such as the<br />
statement that “C. K. S.,” who had no personal<br />
acquaintance with the publisher, happened to be<br />
in Court, whereas the case was heard in Chambers—<br />
<br />
THE AUTHOR.<br />
<br />
69<br />
<br />
where only those engaged in the suit or friends of<br />
the parties could be present—were not noticed.<br />
<br />
The letter was in the following terms :—<br />
<br />
S1r,—It is needless for me to discuss the article over the<br />
signature of “ C, K. 8.” in the issue of The Sphere of Novem-<br />
ber 14th point by point, as the statement of the case already<br />
put forward in the November number of The Author answers<br />
sufficiently the major parts of the arguments, There are<br />
some points, however, which must be corrected.<br />
<br />
1. On the question touching the value of the plaintiff's<br />
literary productions ; she received £50 and not £30 as<br />
stated in your paper for her MS. There was ample evidence<br />
besides of acceptances and payments and of the value of<br />
her work.<br />
<br />
2. The MS. was handed in at Mr. Long’s office to a<br />
gentleman whom the author was told was Mr. Long, and<br />
accepted for consideration without conditions. The alleged<br />
condition which you have printed in full cannot affect the<br />
arrangement, as the letter containing it was sent to the<br />
author subsequently.<br />
<br />
3. I regret to state that you are entirely misrepresenting<br />
the facts when you say that I have made an incorrect<br />
statement of the evidence. The facts were obtained from<br />
the learned counsel who acted on behalf of the Society, and<br />
if anything the statement does not put the matter suffi-<br />
ciently in our favour. It is true that the Manager of the<br />
London Parcel’s Delivery Company stated that he did not<br />
sign for every parcel received, his reason being that people<br />
did not necessarily demand a receipt, but he produced his<br />
day sheet on which the name and address of every parcel<br />
coming into the office is entered. The date and the name<br />
of the receiving office had already been furnished by the<br />
publisher himself, and on the day sheet of the office on the<br />
date mentioned no parcel addressed to the plaintiff was<br />
entered. It is the essence of the case that the evidence<br />
produced by Mr. Long entirely failed to satisfy the learned<br />
master that the parcel was despatched, indeed his own<br />
counsel admitted this.<br />
<br />
The object of the Society is not, as you suggest, to spend.<br />
its money on the petty persecution of publishers, but one<br />
of its objects is to have the legal relations between authors<br />
and editors or publishers definitely settled in as many<br />
points as possible.<br />
<br />
I remain,<br />
Yours faithfully,<br />
(Signed) G. HERBERT THRING.<br />
<br />
Readers will gather from the Secretary’s letter<br />
the nature of the main statements he thought<br />
it expedient to notice, while any members of<br />
the Society who wish to refer to the number of<br />
The Sphere containing them can do so at the<br />
Society’s office.<br />
<br />
The Editor of Zhe Sphere has not thought fit<br />
to publish this letter, as he had, on the 24th of<br />
November, undertaken, in writing, to do. The<br />
ground he alleges is that “it is too long for publi-<br />
cation,’’ to say nothing of being rather “truculent.”<br />
He has preferred to give a partial paraphrase of<br />
it so as to suit his own argument.<br />
<br />
Of the truculence of the letter readers can judge<br />
for themselves. As to its length, it contains 388<br />
words: is therefore a third of the length of the<br />
article to which it was a reply.<br />
<br />
In his final note, published in Zhe Sphere of<br />
the 28th of November—in which the Secretary’s<br />
letter was not published—“C. K. 8.” sets out his<br />
70<br />
<br />
indictment against the Society in the following<br />
erms :—<br />
<br />
“T urge that the Society has no business what-<br />
ever to persecute publishers over the question of<br />
the return or non-return of MSS., and, further,<br />
that the Society itself has a rule which com-<br />
pletely stultifies its action to the effect that it<br />
does not hold itself responsible for the safe return<br />
of manuscripts sent to it.”<br />
<br />
We can one suppose that in “CO. K. 8.’s” dic-<br />
tionary “persecute” is defined as equivalent to<br />
“enforce legal responsibilities,’ while his reference<br />
to the rule of the Society seems to prove that he<br />
still fails to understand the legal position and the<br />
bearing of the facts on this position. To insert<br />
into a contract conditions made subsequently at<br />
the will of either party is neither legally nor<br />
morally justifiable. :<br />
<br />
“C. K.8.” further illustrates the confusion of<br />
his mind on legal matters by referring to the case<br />
of Aflalo ». Lawrence and Bullen, as an action<br />
that has the appearance of a “legal vendetta ”—<br />
to say the least, a fantastic description of a case<br />
in which three judges decided on one side against<br />
five on the other, and which owed its carriage<br />
through three Courts to the action, not of the<br />
Plaintiff, but of the Defendants.<br />
<br />
We are convinced that the majority of the mem-<br />
bers of the Society will not grudge the expenditure<br />
which has led to a final decision on a point of<br />
law so obscure and so important to every British<br />
Author.<br />
<br />
————_ +<br />
<br />
THE CONTRACT OF BAILMENT.<br />
<br />
——+-—<—<br />
<br />
HE question of the responsibility of editors<br />
8 and publishers for MSS. left or sent to their<br />
offices is one that is constantly recurring,<br />
<br />
An interesting case against Mr. John Long<br />
which bears on this subject has been published,<br />
but it may be of profit to consider the matter from<br />
@ more general point of view.<br />
<br />
We have before us a letter from one editor who<br />
distinctly states that he is not responsible—we do<br />
not know on what facts he bases his deductions—<br />
and another editor referring to the case above<br />
quoted made the following statement: “It is<br />
extraordinary that an author may plant MSS, un-<br />
invited upon an editor or a publisher, actually<br />
leaving them at his offive, and that the editor or<br />
publisher should be in any way responsible for<br />
their safe return,” and goes on to say, on the<br />
authority of some lawyer (name not mentioned),<br />
“that if the publisher had not invited the delivery<br />
of the MS. he does not believe he would be legally<br />
responsible for its safe return.”<br />
<br />
THE AUTHOR.<br />
<br />
This last statement is, of course, begging the<br />
question, the real point being whether the pub-<br />
lisher or editor invites MSS. from authors or not—<br />
either expressly or impliedly. What is the general<br />
rule ?<br />
<br />
Is it possible to maintain that a publisher or an<br />
editor with an advertised address does not set<br />
himself up as a mark at which authors should<br />
aim their MSS.; can it be maintained that an<br />
editor or a publisher is merely a gratuitous bailee,<br />
and that he does not receive and deal with MSS.<br />
for his own benefit, though put forward unsolicited ?<br />
Would not any editor be greatly hurt if he did not<br />
receive the opportunity of considering, with a view<br />
to publication, the MSS. of his best friend—some<br />
popular author—if the author put forward the<br />
reason that the editor shunned responsibility ?<br />
<br />
Let us reverse the argument. Is there any<br />
publisher who lives by publishing books that come<br />
to him as the result of his written orders only, or<br />
is there any editor who issues his magazine com-<br />
posed of nothing but ordered articles? In the<br />
case of the publisher the answer must be absolutely<br />
in the negative. In the case of the editor of a<br />
magazine or newspaper it may be that one, or<br />
perhaps two, out of many hundreds never print<br />
any but solicited articles. If, then, this is the case,<br />
if MSS. are sent in for the benefit of the publisher<br />
or editor as well as the author, then the publisher<br />
or editor must be more than a mere gratuitous<br />
bailee. The bailment must be considered for the<br />
benefit of both parties.<br />
<br />
Some editors and publishers try to rid them-<br />
selves of their responsibility, legal or moral, by a<br />
process of bluff, others by placing notices some-<br />
where in their papers—in some cases in fairly<br />
conspicuous positions, in others mixed up amongst<br />
the advertisements, where an author would hardly<br />
see them.<br />
<br />
The Society has taken counsel’s opinion with<br />
regard to this custom of inserting notices and the<br />
responsibilities of the editors under these notices.<br />
Counsel is of opinion that if the author knew of<br />
the notice the MS. would be considered to be sent<br />
up subject to the terms contained in that notice,<br />
but it would lie with the publisher or editor to<br />
prove that the author was cognisant of the terms.<br />
<br />
If the author was not cognisant of the notice,<br />
then the question would arise under the facts<br />
already put forward. Is a MS. sent in for the<br />
benefit of both parties or not ? Under the present<br />
custom the question is beyond doubt that the MS.,<br />
though unsolicited in express terms, is clearly sent<br />
in for the benefit of both parties. Under these<br />
circumstances the publisher or editor is more than<br />
a mere gratuitous bailee, and would be responsible<br />
<br />
accordingly.<br />
GQ. BT.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
WARNINGS TO THE PRODUCERS<br />
OF BOOKS.<br />
<br />
<br />
<br />
ERE are a few standing rules to be observed in an<br />
agreement. There are four methods of dealing<br />
with literary property :—<br />
<br />
I. Selling it Outright.<br />
<br />
This is sometimes satisfactory, if a proper price can be<br />
obtained. But the transaction should be managed by a<br />
competent agent, or with the advice of the Secretary of<br />
the Society.<br />
<br />
Il. A Profit-Sharing Agreement (a bad form of<br />
agreement).<br />
<br />
In this case the following rules should be attended to:<br />
<br />
Ci.) Not to sign any agreement in which the cost of pro-<br />
duction forms a part without the strictest investigation.<br />
<br />
(2.) Not to give the publisher the power of putting the<br />
profits into his own pocket by charging for advertisements<br />
in his own organs, or by charging exchange advertise-<br />
ments. Therefore keep control of the advertisements.<br />
<br />
3.) Not to allow a special charge for ‘office expenses,”<br />
unless the same allowance is made to the author.<br />
<br />
(4.) Not to give up American, Colonial, or Continental<br />
rights.<br />
<br />
(5.) Not to give up serial or translation rights.<br />
<br />
(6.) Not to bind yourself for future work to any publisher.<br />
As well bind yourself for the future to any one solicitor or<br />
doctor !<br />
<br />
IiI. The Royalty System.<br />
<br />
This is perhaps, with certain limitations, the best form<br />
of agreement. It is above all things necessary to know<br />
what the proposed royalty means to both sides. It isnow<br />
possible for an author to ascertain approximately the<br />
truth. From time to time very important figures connected<br />
with royalties are published in Zhe Author.<br />
<br />
IY. A Commission Agreement.<br />
<br />
The main points are :—<br />
<br />
(1.) Be careful to obtain a fair cost of production.<br />
(2.) Keep control of the advertisements.<br />
<br />
(3.) Keep control of the sale price of the book.<br />
<br />
General.<br />
<br />
All other forms of agreement are combinations of the four<br />
above mentioned.<br />
<br />
Such combinations are generally disastrous to the author.<br />
<br />
Never sign any agreement without competent advice from<br />
the Secretary of the Society.<br />
<br />
Stamp all agreements with the Inland Revenue stamp.<br />
<br />
Avoid agreements by letter if possible.<br />
<br />
The main points which the Society has always demanded<br />
from the outset are :—<br />
<br />
(.) That both sides shall know what an agreement<br />
means.<br />
<br />
(2.) The inspection of those account books which belong<br />
tothe author. We are advised that this is a right, in the<br />
nature of a common law right, which cannot be denied or<br />
withheld.<br />
<br />
(3.) Always avoid a transfer of copyright.<br />
<br />
——————_ +<br />
<br />
WARNINGS TO DRAMATIC AUTHORS.<br />
<br />
ee<br />
EVER sign an agreement without submitting it to the<br />
Secretary of the Society of Authors or some com-<br />
petent legal authority.<br />
2. [t is well to be extremely careful in negotiating for<br />
the production of a play with anyone except an established<br />
manager.<br />
<br />
THER AUTHOR. 71<br />
<br />
3. There are three forms of dramatic contract for plays<br />
in three or more acts :—<br />
<br />
(a.) Sale outright of the performing right. This<br />
is unsatisfactory. An author who enters into<br />
such a contract should stipulate in the contract<br />
for production of the piece by a certain date<br />
and for proper publication of his name on the<br />
play-bills.<br />
<br />
(b.) Sale of performing right or of a licence to<br />
perform on the basis of percentages on<br />
gross receipts. Percentages vary between 5<br />
and 15 per cent. An author should obtain a<br />
percentage on the sliding scale of gross receipts<br />
in preference to the American system. Should<br />
obtain a sum inadvance of percentages. A fixed<br />
date on or before which the play should be<br />
performed.<br />
<br />
(¢e.) Sale of performing right or of a licence to<br />
perform on the basis of royalties (i.c., fixed<br />
nightly fees). This method should be always<br />
avoided except in cases where the fees are<br />
likely to be small or difficult to collect. The<br />
other safeguards set out under heading (0.) apply<br />
also in this case.<br />
<br />
4. Plays in one act are often sold outright, but it is<br />
better to obtain a small nightly fee if possible, and a sum<br />
paid in advance of such fees in any event. It is extremely<br />
important that the amateur rights of one-act plays should<br />
be reserved.<br />
<br />
5. Authors should remember that performing rights can<br />
be limited, and are usually limited, by town, country, and<br />
time. This is most important.<br />
<br />
6. Authors should not assign performing rights, but<br />
should grant a licence to perform. The legal distinction is<br />
of great importance.<br />
<br />
7. Authors should remember that performing rights in a<br />
play are distinct from literary copyright. A manager<br />
holding the performing right or licence to perform cannot<br />
print the book of the words.<br />
<br />
8. Never forget that United States rights may be exceed-<br />
ingly valuable. ‘'hey should never be included in English<br />
agreements without the author obtaining a substantial<br />
consideration.<br />
<br />
9. Agreements for collaboration should be carefully<br />
drawn and executed before collaboration is commenced.<br />
<br />
10, An author should remember that production of a play<br />
is highly speculative: that he runs a very great risk of<br />
delay and a breakdown in the fulfilment of his contract.<br />
He should therefore guard himself all the more carefully in<br />
the beginning.<br />
<br />
11. An author must remember that the dramatic market<br />
is exceedingly limited, and that for a novice the first object<br />
is to obtain adequate publication.<br />
<br />
As these warnings must necessarily be incomplete, on<br />
account of the wide range of the subject of dramatic con-<br />
tracts, those authors desirous of further information<br />
are referred to the Secretary of the Society.<br />
<br />
<br />
<br />
He<br />
<br />
WARNINGS TO MUSICAL COMPOSERS,<br />
—_1—~@—+ —.<br />
<br />
ITTLE can be added to the warnings given for the<br />
assistance of producers of books and dramatic<br />
authors. It must, however, be pointed out that, as<br />
<br />
a rule, the musical publisher demands from the musical<br />
composer a transfer of fuller rights and less liberal finan-<br />
cial terms than those obtained for literary and dramatic<br />
property. The musical composer has very often the two<br />
<br />
rights to deal with—performing right and copyright, He<br />
72<br />
<br />
should be especially careful therefore when entering into<br />
an agreement, and should take into particular consideration<br />
<br />
the warnings stated above.<br />
<br />
———— oo<br />
<br />
HOW TO USE THE SOCIETY.<br />
<br />
—<br />
<br />
i VERY member has a right to ask for and to receive<br />
K advice upon his agreements, his choice of a pub-<br />
lisher, or any dispute arising in the conduct of his<br />
business or the administration of his property. | The<br />
Secretary of the Society is a solicitor, but if there is any<br />
special reason the Secretary will refer the case to the<br />
Solicitors of the Society. Further, the Committee, if they<br />
deem it desirable, will obtain counsel's opinion. All this<br />
without any cost to the member.<br />
<br />
2. Remember that questions connected with copyright<br />
and publishers’ agreements do not fall within the experi-<br />
ence of ordinary solicitors. Therefore, do not scruple to use<br />
<br />
the Society.<br />
<br />
3. Send to the Office copies of past agreements and past<br />
accounts, with a copy of the baok represented. The<br />
Secretary will always be glad to have any agreements, new<br />
or old, for inspection and note. The information thus<br />
obtained may prove invaluable.<br />
<br />
4. Before signing any agreement whatever, send<br />
the document to the Society for examination,<br />
<br />
5. Remember always that in belonging to the Society<br />
you are fighting the battles of other writers, even if you<br />
are reaping no benefit to yourself, and that you are<br />
advancing the best interests of your calling in promoting<br />
the independence of the writer, the dramatist, the composer.<br />
<br />
6. The Committee have now arranged for the reception<br />
of members’ agreements and their preservation in a fire-<br />
proof safe. The agreements will, of course, be regarded as<br />
confidential documents to be read only by the Secretary,<br />
who will keep the key of the safe. The Society now offers :<br />
—(1) To read and advise upon agreements and to give<br />
advice concerning publishers. (2) To stamp agreements<br />
in readiness for a possible action upon them. (3) To keep<br />
agreements. (4) To enforce payments due according to<br />
agreements. Fuller particulars of the Society's work<br />
can be obtained in the Prospectus.<br />
<br />
7. No contract should be entered into with a literary<br />
agent without the advice of the Secretary of the Society.<br />
Members are strongly advised not to accept without careful<br />
consideration the contracts with publishers submitted to<br />
them by literary agents, and are recommended to submit<br />
them for interpretation and explanation to the Secretary<br />
of the Society.<br />
<br />
8. Many agents neglect to stamp agreements. This<br />
must be done within fourteen days of first execution. The<br />
Secretary will undertake it on behalf of members. :<br />
<br />
9. Some agents endeavour to prevent authors from<br />
referring matters to the Secretary of the Society ; so<br />
do some publishers. Members can make their own<br />
deductions and act accordingly.<br />
<br />
10. The subscription to the Society is £1 41s. per<br />
annum., or £10 10s. for life membership.<br />
<br />
THE AUTHOR.<br />
<br />
THE READING BRANCH. .<br />
<br />
—_——<br />
<br />
EMBERS will greatly assist the Society in this<br />
VI branch of its work by informing young writers<br />
of its existence. Their MSS. can be read and<br />
treated as a composition is treated by a coach. The term<br />
MSS. includes not only works of fiction, but poetry<br />
and dramatic works, and when it is possible, under<br />
special arrangement, technical and scientific works. The<br />
Readers are writers of competence and experience. The<br />
fee is one guinea.<br />
<br />
a 0<br />
<br />
NOTICES.<br />
<br />
+<br />
<br />
HE Editor of The Author begs to remind members of<br />
<br />
the Society that, although the paper is sent to them<br />
<br />
free of charge, the cost of producing it would be a<br />
<br />
very heavy charge on the resources of the Society if a great<br />
<br />
many members did not forward to the Secretary the modest<br />
5s. 6d. subscription for the year.<br />
<br />
Communications for Zhe Author should be addressed to<br />
the Offices of the Society, 39, Old Queen Street, Storey’s<br />
Gate, 8.W., and should reach the Editor not later than<br />
the 21st of each month. :<br />
<br />
All persons engaged in literary work of any kind,<br />
whether members of the Society or not, are invited to<br />
communicate to the Editor any points connected with their<br />
work which it would be advisable in the general interest to<br />
publish.<br />
<br />
——_+——_—____—__<br />
<br />
Communications and letters are invited by the<br />
Editor on all subjects connected with literature, but on<br />
no other subjects whatever. Every effort will be made to<br />
return articles which cannot be accepted.<br />
<br />
——> + —<br />
<br />
The Secretary of the Society begs to give notice<br />
that all remittances are acknowledged by return of post,<br />
and he requests members who do not receive an<br />
answer to important communications within two days to<br />
write to him without delay. All remittances should be<br />
crossed Union Bank of London, Chancery Lane, or be sent<br />
by registered letter only.<br />
<br />
a<br />
<br />
THE LEGAL AND GENERAL LIFE<br />
ASSURANCE SOCIETY.<br />
<br />
——<br />
<br />
N offer has been made of a special scheme of<br />
Endowment and Whole Life Assurance,<br />
admitting of a material reduction off the<br />
<br />
ordinary premiums to members of the Society.<br />
Full information can be obtained from J. P. Blake,<br />
Legal and General Insurance Society (City Branch),<br />
158, Leadenhall Street, B.C.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
of<br />
<br />
“<br />
4<br />
<br />
THE AUTHOR. 73<br />
<br />
AUTHORITIES.<br />
<br />
Se En ie seh a<br />
<br />
Tue case of Aflalo and Cook v. Lawrence and<br />
Bullen has now been finally decided. Judgment<br />
was given in the House of Lords on November<br />
13th, and is fully reported in another part of The<br />
Author.<br />
<br />
We feel sure that members of the Society will<br />
be glad that a point of Copyright Law of genuine<br />
interest to all writers has been decided. The<br />
Committee took up the question when it first came<br />
before them—after full consideration and on the<br />
advice of Counsel—as a matter of principle, the<br />
amount of money involved being small. In the<br />
Court of First Instance the plaintiffs were successful.<br />
If the case had gone against the Society it is an<br />
open question whether the Committee would have<br />
considered it sufficiently important to carry to a<br />
higher Court, but in the circumstances there was<br />
no choice, as the defendants, against whom the<br />
judgment stood, took the matter to the Court of<br />
Appeal. Here, the plaintiffs, Messrs. Aflalo and<br />
Cook, again obtained a judgment in their favour<br />
by the opinions of two judges against one. Lord<br />
Justice Romer and Lord Justice Stirling decided<br />
against the appellants, Lord Justice Vaughan<br />
Williams dissenting. The appellants were not<br />
satisfied, and determined to take the verdict of the<br />
last appeal—the House of Lords. Again the Com-<br />
mittee had no choice: they were bound to go on<br />
with the case. In the House of Lords the judges<br />
were unanimously in favour of the appellants, and<br />
the Society therefore became responsible for the<br />
costs. Apart from this incident, which is of<br />
course unfortunate, the Committee see no reason<br />
to regret their action, which will, they feel confi-<br />
dent, receive the support of the members. The<br />
ease has resulted in the elucidation of an important<br />
and difficult point of copyright law : how difficult<br />
may be judged by the fact that the matter was decided<br />
by the smallest majority possible out of eight judges<br />
before whom the case was argued, that is by five<br />
against three. This alone proves the need there<br />
was for a definite deeision, and justifies the action<br />
of those who were of opinion that it was a proper<br />
case to fight in the first instance.<br />
<br />
It may be well to add that of the many cases<br />
which have received the support of the Committee<br />
this is the first in the Superior Courts in which<br />
judgment has been given adverse to the Society.<br />
<br />
We hope in a subsequent number of The Author<br />
to give in detail the alterations that it will be<br />
necessary for members of the Society to make,<br />
owing to the decision, in their methods of marketing<br />
<br />
their literary wares.<br />
<br />
Mempers of the Society will no doubt remember<br />
that some months ago the Committee made, through<br />
a letter signed by Mr. George Meredith, their<br />
President, and the Chairman, an appeal to the<br />
public for a sum sufficient to enable them to hand<br />
over a replica of the Besant Memorial about to be<br />
unveiled in the crypt of St. Paul’s, to the London,<br />
County Council, in order that it might, under their<br />
auspices, be erected in some suitable site on the<br />
Thames Embankment.<br />
<br />
The appeal thus made has produced substantial<br />
results, but a further sum of about £40 is required<br />
to enable the proposal adequately to be carried out.<br />
There are, it is believed, many members of the<br />
Society who would be glad to see such a public<br />
recognition of an important side of Sir Walter<br />
Besant’s active life, his love of London and efforts<br />
for its improvement.<br />
<br />
A Memorial in St. Paul’s can at best be seen but<br />
rarely and by comparatively few, and this considera-<br />
tion has had weight not only with the Committee,<br />
but also with the sculptor, Mr. Frampton, who is<br />
ready to provide the duplicate at what is practically<br />
cost price.<br />
<br />
Remittances should be made payable to The<br />
Secretary, the Society of Authors, 39, Old Queen<br />
Street, Storey’s Gate, S.W.<br />
<br />
A list of subscribers will be published in a<br />
subsequent issue.<br />
<br />
WE have before us a circular sent out by the<br />
Authors’ Association, of which the Central Offices<br />
are at Darlington, and Mr. Galloway Kyle is the<br />
Secretary, inviting authors or intending authors<br />
to become members.<br />
<br />
This is the association to which reference was<br />
made in our number for April (1903). Its title<br />
easily lends itself to confusion with our Society.<br />
We therefore think it well to warn our readers<br />
against any possible mistake. '<br />
<br />
The fact that a well known publisher is a Vice-<br />
President of the Authors’ Association is perhaps<br />
sufficient evidence of the distinction of aims between<br />
the two bodies.<br />
<br />
WE are glad to see that the corporation of<br />
Portsmouth have acquired the birthplace of Charles<br />
Dickens with the intention of retaining it as a<br />
permanent museum of “ the relics, manuscripts, and<br />
writings of the great author.” This is an interest-<br />
ing fact, and speaks well for the increasing popu-<br />
larity of one whose reputation as a writer was stated<br />
by common report to be fading. Though we applaud<br />
<br />
<br />
<br />
<br />
74.<br />
<br />
<br />
<br />
the action of the corporation in the case of Charles<br />
Dickens, we think the purchase of houses of<br />
celebrities in order to turn them into museums<br />
may in some cases lead to absurd results, and on the<br />
whole should be checked rather than encouraged.<br />
<br />
<br />
<br />
We have heard of many ingenious ways of<br />
advertising books in order to increase the sale: in<br />
fact not so many months ago there was considerable<br />
stir in the papers over a publisher's methods in<br />
dealing with a MS. that had come into his possession.<br />
We have heard of publishers advertising “The<br />
Third Edition,” when only twenty-seven copies<br />
have been sold, and we have heard of advertise-<br />
ments of enormous sales which the author found<br />
manifestly incorrect on receipt of the accounts, but<br />
none of the stories have touched the following,<br />
which we have taken the liberty of reprinting<br />
from the St. James’ Gazette :<br />
<br />
A Parisian author had fought for many years against<br />
poverty and ill-health, but nevertheless had produced<br />
several novels which were considered by those who had<br />
read them to be works of genius, but they had been total<br />
failures as saleable commodities. On his last work he had<br />
concentrated all his hopes of recognition and even of<br />
existence, but on publication the book showed every sign<br />
of going into the same limbo as its predecessors. The<br />
author, however, hit upon a unique way of advertising it.<br />
Acting upon the dictum that the best way to get a novel<br />
tread is to have it publicly described as unfit to read, he<br />
wrote from Marseilles a letter signed “An Indignant<br />
Republican” to the authorities in Paris violently censuring<br />
a certain work as dangerous to public morality and demand-<br />
ing the imprisonment of its author. When inquiries were<br />
made the writer and the author were found to be one and<br />
the same person, but the writer’s object was accomplished.<br />
<br />
A recent number of our valuable contemporary,<br />
Le Droit d@ Auteur, contains some interesting notes<br />
on the earliest examples of authors’ successful<br />
claims to pecuniary remuneration for their work.<br />
The first author who appears to have succeeded in<br />
getting paid for his rights was a Canon of Mans,<br />
who in 1452, having composed a “ Mystery of the<br />
Nativity, the Passion, and the Resurrection,” ceded<br />
it to the shrievalty of Paris for ten écus of gold, a<br />
little more than five guineas. In the sixteenth<br />
century French dramatic authors received three<br />
écus for each comedy. Herdy wrote seven hundred.<br />
Later Quinault received one-ninth of the money<br />
taken at the doors of the theatre, and thus set the<br />
first example of royalties.<br />
<br />
_ Oo<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
W. E. H. LECKY.<br />
<br />
<br />
<br />
Y the death of Mr. Lecky, the Society of<br />
Authors has lost one of its most distin-<br />
guished members, and Great Britain a<br />
<br />
man of letters who was also a man of reading.<br />
He was for more than thirty years an interesting<br />
and considerable figure in cultivated London<br />
society. Though a shy man he loved company,<br />
and such society as is “quiet, wise and good.”<br />
So rudimentary and simple were his notions of<br />
enjoyment, that he was fond of dining-out. He<br />
loved the movement and the stir of life none the<br />
less, perhaps all the more, because he was personally<br />
ill-adapted for the race. His interest in his<br />
fellow-men was inexhaustible. He always wanted<br />
to know how the other half of the world lived.<br />
Although himself cast in an unfamiliar type, he had<br />
a very human heart and longed to be at one with his<br />
brother man. Hiscurious, unequal, but not wholly<br />
uninteresting book called ‘ The Map of Life,” bears<br />
witness to his desire to be treated, not as a mere<br />
spectator or critic, but as an actual combatant in<br />
the battle-fields of existence. Men of the world, as<br />
they call themselves, smiled good-humouredly and<br />
said, “ What on earth can Lecky know of life?”<br />
But ‘men of the world” are too apt to give them-<br />
selves airs in such matters. Life about town, or<br />
on the race-course, or in barracks, or in law courts,<br />
are but phases of the great Phantasmagoria, and<br />
Mr. Lecky with his anxious eyes, his brooding<br />
mind, his wide reading, his experience (gained both<br />
at home and abroad), and, above all, his sad sincerity<br />
and freedom from idol-worship, knew a great deal<br />
about life, though not enough, it may be, to draw<br />
maps.<br />
<br />
Few men will be more missed in their accustomed<br />
haunts than Mr. Lecky. He was one of those<br />
friendly men who are always liked. He was a<br />
sympathetic listener as well as an agreeable<br />
talker. He belonged to many clubs and coteries.<br />
He was welcome at all of them. You liked to see<br />
his “willowy” figure steal furtively into the<br />
room. To sit next him at dinner was always a<br />
mild, but real pleasure. Like all good and sensible<br />
men he was fond of the society of clever women,<br />
and preferred meeting them é¢e-a-téte to any other<br />
way. As an afternoon caller he had great merits.<br />
His information was varied and extensive, and he<br />
knew about many things besides history and books.<br />
He was an excellent judge of pictures, particularly<br />
Spanish and Dutch. He could handle china<br />
knowingly, and criticise furniture with severity.<br />
A deprecatory glance of his eye, an uneasy<br />
contortion of his sensitive frame, was more damning<br />
than an explosion of abuse from noisier connois-<br />
<br />
seurs.<br />
<br />
qo *<br />
ts]<br />
zg<br />
eae<br />
fon<br />
Ua<br />
ees<br />
wht<br />
40<br />
li<br />
Stig<br />
Nil<br />
ei<br />
D3<br />
<br />
aie<br />
<br />
~ be<br />
<br />
BL<br />
;<br />
<br />
xt<br />
<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
Of books he had a great knowledge, and for<br />
| them he had true feeling. In talking with most<br />
men you are often amazed to discover the books<br />
_ they have not read, but Mr. Lecky’s catholicity<br />
was hard to impugn. I am speaking of English<br />
1% books.<br />
by I well remember the first appearance of his<br />
i, “Rise and Influence of Rationalism.” Eloquence<br />
| is a great quality in literature, and the book was<br />
»; aneloquent one. It was also eminently readable<br />
| throughout; and what is more, it breathed the<br />
| spirit of the hour. Young men, and maidens of a<br />
«| Speculative turn of mind, read it with eagerness,<br />
| and discussed it at the tea-table with animation,<br />
~ whilst their elders looked on and listened with<br />
4 mingled alarm for the future and pride in the<br />
4 talents of their offspring. The main note of the<br />
book was the beneficence of scepticism, the good<br />
» done to the world by the men who first had the<br />
% courage to say “J don’t believe you.’ The atmo-<br />
~ Sphere is different to-day, and our young people<br />
. have begun once again struggling to believe in<br />
something or another, if it be only in ghosts.<br />
<br />
__ Of Mr. Lecky’s “ History ” this is not the place to<br />
speak. It has throughout one rare characteristic,<br />
» | @genuine dispassionate love of truth.<br />
<br />
In the House of Commons, Lecky was a per-<br />
.| sonality. As a learned Irishman he shared with<br />
-{ another learned Irishman, Sir Richard Jebb, an<br />
<br />
;- unassailable position. He was always listened to<br />
| with the utmost attention, and was in my humble<br />
judgment a really admirable speaker. His<br />
_ character, of course, stood high, whilst his amiability<br />
‘ and love of his fellow creatures were daily mani-<br />
fested by his aspect and bearing.<br />
<br />
The caricaturist made free with his figure. He<br />
would survey these productions with a melancholy<br />
smile in which there was no bitterness. “I seem<br />
to lend myself to caricature,” he once said to me.<br />
In a sense he did—but only in a restricted sense.<br />
In the nobler elements of character and indivi-<br />
duality, Mr. Lecky showed himself both to his<br />
friends and to his readers as the true man he was.<br />
The Society of Authors may well mourn his loss.<br />
<br />
AUGUSTINE BIRRELL.<br />
<br />
——__———+—_2-—_____—_<br />
<br />
PROFESSOR THEODOR MOMMSEN.<br />
<br />
+<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
; N the beginning of the year we were congratu-<br />
lating Professor Theodor Mommsen on having<br />
received the prize for literature granted by<br />
@ the Swedish Academy acting under the will of the<br />
‘4 late Mr. Nobel. Now we have, with sorrow, to<br />
©@ announce his death.<br />
: Professor Mommsen was born on the 30th of<br />
4) November, 1817, and was, therefore, at the date<br />
<br />
<br />
<br />
15<br />
<br />
of his death, nearly eighty-six. Although born a<br />
Dane he always considered himself a German. He<br />
was, without doubt, in the varied fields in which<br />
he studied, a living force. He carried light into<br />
many of the dark places of history, and was one of<br />
the greatest names in literature that Germany has<br />
ever produced. His education commenced in the<br />
gymnasium at Altona, and ended by his graduating<br />
at the University of Kiel. It is a curious fact that<br />
although the studies and works which made him<br />
famous were in such dry subjects as philology,<br />
history, and jurisprudence, yet he began his author-<br />
ship by publishing a book of poems, with his brother,<br />
in 1839. A few years after this date he obtained<br />
a grant from the Government and spent a great deal<br />
of his time in Italy and France. This, no doubt,<br />
was the turning point in his career. From that.<br />
moment he began his wonderful study of Roman<br />
history, and of the subjects connected with the<br />
Roman national life. His painstaking research<br />
was assisted by a wonderful memory, and both<br />
these by a brilliant insight and a fine judgment.<br />
There is no doubt that on his work as a Roman<br />
historian his reputation will stand in England,<br />
To the schoolboy and the undergraduate his history<br />
was always a bugbear. It is probable, therefore,<br />
they may consider his fame and brilliancy over-<br />
rated, but it is lucky for most geniuses that their<br />
reputation does not rest on the eternal criticism of<br />
generations of schoolboys and undergraduates.<br />
<br />
Although his history of Rome is undoubtedly a<br />
wonderful production on account of the grasp of<br />
the life of the period and the character of the<br />
nation, yet those who applaud his methods do not<br />
necessarily approve his deductions. Some of them<br />
were so startling that although they struck astonish-<br />
ment in the first instance, yet after consideration<br />
could not alwaysstand the light of maturer criticism.<br />
Special reference should be made to his description<br />
of Cicero, who, with all his faults, with all his<br />
weaknesses, and with all his cowardice, was no<br />
doubt, judging from the correspondence that<br />
remains to us, the most important man of letters<br />
of his time, and judging from other historical relics<br />
one of the greatest advocates. To him Professor<br />
Mommsen will grant no good qualities. He<br />
calls him “journalist in the worst sense of the<br />
word,” “dabbler,” “short-sighted egotist,” and<br />
“statesman without insight.” Asa set off against<br />
Cicero he lauds Cesar to the skies. Every historian<br />
must have his faults. No sound critic, however,<br />
could fail to recognise his power. For this reason,<br />
during the latter years of his life, although he<br />
lived in a simple manner at his home in Charlotten-<br />
burg, he has been looked upon by the younger<br />
generation of Germany as a model to look up to<br />
and admire, and has, received constant recognition<br />
of his brilliant accomplishments.<br />
<br />
<br />
THE AUTHOR.<br />
<br />
76<br />
<br />
D<br />
ENGLISH AUTHORS AND THE UNITE<br />
<br />
STATES RIGHTS.<br />
<br />
—St<br />
<br />
P to the end of his historical survey of<br />
iti 5 on<br />
American conditions, cA CO, B. ea<br />
safe cround ; but hardly anyone converse<br />
5<br />
<br />
: nos Wi inclined to<br />
with international ine He ee are, ad<br />
follow him further. That Hngls av bli<br />
: lass, losing place with the United States pu ~<br />
ha the points now : ee pear es<br />
<br />
: thing to remedy that ste<br />
ee ae ae lines we should oe<br />
a : » ici t it is no<br />
_ «A, OG, B.” says explicitly that<br />
oe for the British author to write oe<br />
stuff? All he has apparently to do is to “ wake<br />
up.”” In other words, he is, on the literary and<br />
artistic side, safe enough; it is only as what the<br />
Americans call a “drummer ” that he fails. Now<br />
I believe this attitude to be not only undignified<br />
but wholly wrong. Setting aside the great names<br />
in American letters, who were, i the most gel<br />
historians, essayists and poets, American author-<br />
ship is acalling of the past few years. a oe C. B.”<br />
oints out, it dates from the passing of the American<br />
a capsaht Act. It has only required a very short<br />
time for the American writer to capture and hold<br />
the attention of his fellow countrymen, and, in the<br />
nature of the case, his success has been won largely<br />
at the expense of the English author. Not of<br />
course, that the English author has suffered much<br />
pecuniarily by the passing of the American Copy-<br />
right Act; the cheques for literary work that<br />
travelled either way across the ocean in the old<br />
days were very few. Yet the broad fact remains<br />
that, where the American used to read English<br />
fiction, he now reads the work of men and women<br />
of his own nationality. The man who has been<br />
hurt by the new conditions ig certainly not<br />
the writer of the first rank—have we any such<br />
men now producing actively ?—not even the writer<br />
ofthe second rank; but, beyond doubt, the writer<br />
of the third and even lower classes. These men<br />
were worth reprinting in the United States when<br />
their eo ae nothing but paper and print ; they<br />
are not worth reprinting when they have to compete<br />
for popularity with work of equal and greater bent<br />
iat 1s written by Americans, deals with American<br />
as and is in harmony with the habit of mind of<br />
: ae and women who read it.<br />
: 18 convenient to divide authors into Classes<br />
ee arbitrary fashion that I have just ventured<br />
hi eee but it is rarely that any writer finds al]<br />
des ooks in the same class. He may ascend or<br />
pene | some of his books will be better than<br />
others. When I gay, I fear rather discourteous]<br />
third-class authors,” I mean the writers cha<br />
products die with each publishing season, and have<br />
<br />
‘large one, and it comprises writers whose various<br />
<br />
<br />
<br />
i im to longer existence.<br />
in fact, no claim to long<br />
the American publisher does not want; and he<br />
<br />
t want them for the reason that he cannot 0<br />
coe? To talk of “waking up” in offering Bi<br />
<br />
sell them. UCT in one<br />
such manuscripts, or “ persisting and insisting ”<br />
<br />
with American publishers, is to be wholly wide of<br />
the mark, Occasionally a book of this class is<br />
placed in the United States market ; but there is<br />
nearly always some special reason for its appear-<br />
ing internationally. The American may buy it<br />
because he hopes for another and better work from<br />
the same pen ; he may have a contra-account with<br />
an English publisher which he is anxious to settle<br />
—in fine, he may have a hundred different reaSons<br />
for his acceptance. But, on its merits, he does not<br />
want the book. The author may “wake him up”<br />
by every mail; he may “ persist ’’ with cablegrams ;<br />
he may “insist” in season and out of season. The<br />
facts are not altered.<br />
<br />
T’o come now to the authors of the second class,<br />
who may, not unfairly, be said to represent the<br />
best of which we are now capable. Have such<br />
authors any substantial grievance? I hardly think<br />
so. The class of which I am now speaking is a<br />
<br />
degrees of popularity differ markedly from one<br />
another, But for any work that shows, I will not<br />
say genius, but even a definite talent, either in the<br />
direction of sustained interest of narration, real<br />
psychological insight, or careful character study,<br />
there is a distinct American demand. And if that<br />
demand is not supplied from this side of the<br />
Atlantic, the fault lies with the authors them-<br />
selves, Many men who are read here widely have<br />
but a small American following ; not infrequently<br />
the converse may be said to be nearer the truth.<br />
Yet, whatever may be the hold of any individual<br />
writer on the American public,<br />
books as I have now in mind are worth reprinting<br />
and copyrighting in the States, and it is, almost<br />
without exception, possible to make the necessary<br />
arrangements. In this connection, “names” are of<br />
smaller importance than is often supposed. United<br />
States publishers are more open minded than their<br />
English brethren ; many of them are attracted<br />
by the notion of a gamble in an unknown writer’s<br />
work. But the work, with all respect to “ A.C, B.,”<br />
must be good, the publisher must haye a run for<br />
his money. With the man who has an established<br />
following, the question is what terms he can make ;<br />
with the unknown writer who has his reputation<br />
still to gain, it is whether he can make an entry<br />
at all into another circle of readers.<br />
good work and efficient handling—I do not pretend<br />
to disregard what may be called the commercial<br />
<br />
traveller aspect of the question—the result should<br />
he satisfacto<br />
<br />
Of authors of the first class, it is hardly neces-<br />
<br />
Such books<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
nearly all such ~ i<br />
<br />
<br />
<br />
<br />
“ig sary to write. As “A.C, B.” says, “ Many kinds of<br />
~4)§ literature appeal to the whole world.”<br />
Ҥ Granting the truth of the considerations I have<br />
“lg already set down, it follows that it is only books<br />
of the second class with which we have to concern<br />
ourselves. “‘ A.C, B.,” while impliedly admitting<br />
that an author may do wisely to make his English<br />
uf arrangements through an agent’s intermediary, is of<br />
@@ opinion that he will do better himself to attend to<br />
eid his over-sea negotiations. In this particular, I fear<br />
§ experience is against him. Certainly, the course<br />
he proposes is not one that has recommended itself<br />
to those English authors who have the largest fol-<br />
lowing in theStates. In fact, one may say that it is<br />
jo@ not an infrequent experience with agents to have<br />
j proposals for the handling of work for America, while<br />
@ the author intends to control personally his English<br />
f business. Numerous as are the dangers and diffi-<br />
3 culties attendant upon the sale of literary property<br />
of in this country, the possibilities of loss in inter-<br />
© national arrangements are far greater. I do not<br />
y wish to cast any reflection on the integrity of<br />
4 American firms, although the agreements that are<br />
“18 offered from the other side are often and in many<br />
| respects not such as would commend themselves to<br />
any writer familiar with the practice of the best<br />
tf London houses. But the opportunity of error is,<br />
f in the nature of the case, much more frequent when<br />
_ two firms, instead of only one, have to be con-<br />
| sidered. There is the question of international<br />
copyright ; of the synchronising of dates of appear-<br />
ance, when, it may be, a book is serialised on one<br />
side of the water and not on the other; of the<br />
Canadian market, which is very often a bone of<br />
9 contention between the English and the American<br />
‘oq publisher. In short, it is only possible to sur-<br />
‘a mount the difficulties inherent in the conditions<br />
Jo obtaining by unremitting care, coupled with a<br />
marked degree of expert knowledge. However<br />
cool the business head” of authors may be, there<br />
78 are, it is safe to say, not many of them who have<br />
4 the equipment necessary, if the task involved is to<br />
*d be grappled with successfully.<br />
A It is possible to deal with one agent here and<br />
another in the United States. But the course has<br />
little to recommend it. In the first place, neither<br />
‘8 agent can feel the interest in his client’s affairs<br />
dé” which he would do were they entirely in his hands,<br />
_ And, in the second, the two sets of negotiations are<br />
02 so closely interwoven, that in practice, 1b will not<br />
od be found possible entirely to separate them. For<br />
9 example, the American agent may want instruc-<br />
ii tions or information, the purport of which will<br />
_ depend on what is being arranged with the English<br />
_ publisher ; the man who can solve the difficulty at<br />
once is the English agent, yet, were the course now<br />
under discussion to be followed, the matter would<br />
val have first of all to be referred to the author, who<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
17<br />
<br />
on : his turn, have to consult his London<br />
ae : 18 Just conceivable that a man of some<br />
elicacy of feeling might hesitate before troubling<br />
—possibly to a considerable extent—his agent with<br />
work in which he had no pecuniary interest, But<br />
leaving that point on one side, it can easily be<br />
realised how many are the chances of confusion<br />
and loss, Further, the London agent who is in<br />
constant touch with one or more agents in New<br />
York can command a degree of attention for his.<br />
work as a whole which the individual author who<br />
only occasionally sends MSS. across the Atlantic<br />
cannot reasonably expect. The London agent<br />
represents, for the American agent, a combination<br />
of authors ; and, naturally, the affairs of a com-<br />
bination are of more consequence than those of<br />
any one person, unless, indeed, he be of consider-<br />
able eminence. And, I take it, we are not now<br />
concerned with the work of such men. Further,<br />
the London agent is by no means confined to dealing<br />
through an Americanagent ; with many American<br />
houses he is probably in close personal touch, as<br />
the result of his acquaintance with the members<br />
of the different firms. An American publisher<br />
when he is in London will certainly visit the chief<br />
London agents, while—again leaving the man of<br />
great reputation apart—it would hardly be worth<br />
his while to call upon a number of individual<br />
authors, whose work he nevertheless is probably<br />
quite ready to consider.<br />
As I understand his paper, “A.C. B.” is of opinion<br />
that agents do not, as a class, deal efficiently with<br />
the United States rights of books that are placed in<br />
their hands. Without specific instances—which I<br />
admit it would be difficult, and perhaps improper,<br />
to give—of the neglect he complains of, discussion<br />
of the point is difficult. But it may safely be said<br />
that no agent who understands his business ever<br />
loses sight of transatlantic possibilities. The notion:<br />
that he would be tempted by a peculiarly beneficial<br />
English contract to take no trouble to market 8<br />
book in America is, with all courtesy, absurd, For<br />
the better the contract that is possible here, the:<br />
better, broadly speaking, will the American ainnde<br />
ment be. The contention is interesting, ewer<br />
as it is the first time that I have heard _<br />
accused of indifference to the commercial - eo<br />
their activities ; but Tam convinced that it . _<br />
other value. To touch on a minor, point, a<br />
frequently impolitic to begin negotiations<br />
<br />
America before a contract is signed here ; with 4<br />
ar to the American publisher,<br />
<br />
me that is famili wublish<br />
the course advised may be followed 5 but, p =<br />
case of newer men, the best introduction to the<br />
<br />
American publisher is the statement that a well<br />
<br />
i ‘ the book.<br />
nglish firm has taken up ol -<br />
ee “most authors are alive to the inadvisa<br />
<br />
bility of allowing their English publishers to act<br />
<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
78<br />
<br />
agents. From every | point of<br />
not in the author’s interests.<br />
oks which are never copy-<br />
<br />
righted in the United States, oye FED ogee<br />
bat chance is to sell an edition in sheets. -<br />
eae can and often does sell sheets of such publica-<br />
<br />
eae and I have known cases Neate ae ae -<br />
<br />
a to allow the Lon<br />
<br />
he advantage of the author<br />
<br />
paulieher to do the work. The question of the<br />
<br />
division, as betwe<br />
<br />
en author and publisher, of profits,<br />
on such ‘transactions is very<br />
<br />
often a cause of hard<br />
feeling between the two,<br />
<br />
and it is emphatically<br />
one of the points where the advice of an expert 1s<br />
most valuable.<br />
<br />
as their American<br />
<br />
view, the practice 18<br />
But there are certain bo<br />
<br />
C. F. CAZENOVE.<br />
—_———__ + __<br />
<br />
THE INFLUENCE OF ENVIRONMENT ON<br />
MEN OF LETTERS.<br />
<br />
—-—<+—<br />
<br />
“« O you observe any traces of ‘ Faust,,”<br />
asks Shelley of a friend, “in the poem<br />
I send you? Poets—the best of them—<br />
are a very chameleonic race ; they take the colour,<br />
not only of what they feed on, but of the very<br />
leaves under which they pass.”<br />
<br />
Shelley was thinking chiefly of the influence of<br />
an author’s favourite books on his own productions,<br />
but the remark is applicable to other descriptions<br />
of leaves than book leaves, to any kind of influence<br />
with which the poet, and in a less degree the prose-<br />
writer, if a susceptible person, is habitually in con-<br />
tact. From this point of view authors may be<br />
divided into two classes—to both of which they<br />
may belong at different periods of their lives—<br />
those who can and those who cannot choose their<br />
environment. When we can be sure that a writer<br />
belongs to the former class, the environment, as an<br />
index to his inclinations, in its turn reflects light<br />
upon the characteristics of his own mind while<br />
Sometimes it raises a problem. It is easy to see<br />
why Louis Stevenson should have preferred to liv<br />
in the South Sea Islands, and apart from the<br />
qualities of the books composed th h ey<br />
fact afford insight i i ae ere<br />
<br />
8 an insight into his nature which could<br />
eos ee are Be if his works had been peanad<br />
ane. Dut Stevenson also shows that a b<br />
may be entirely indepe oo<br />
writing hig Tae and Se b<br />
ally Scotch fiction, * Weir of Hermi cpiees<br />
(as ’ ermiston,”’ amon<br />
. a ibe of Samoa. This, in the i<br />
é sensiti thle<br />
demonstrate that, while ‘the ee Fe tO<br />
ment cannot be denied, wit fmch ee<br />
Beach of Teles hess such tales as “The<br />
presence of an overmastering iinpula es<br />
quarter.“ Weir of Bien pulse from another<br />
» Judging from his<br />
<br />
<br />
<br />
ence, would seem to be of all his bookg<br />
the one which had taken the most complete<br />
possession of him, hence its superior merit,<br />
<br />
« And his own mind did like a tempest strong<br />
<br />
Come to him thus, and drive the weary wight along.”<br />
<br />
If we can easily follow Stevenson to the South<br />
Seas, there are other writers able, like him, to choose<br />
their own environment whose motives are for the<br />
present inscrutable, and consequently fail to afford<br />
light to their characters and writings. Why should<br />
Mr. Henry James, the most subtle analyst of com-<br />
plicated modern society, spend his life by preference<br />
in a little Cinque Port? When we know what<br />
secret bond attaches Mr. James to Rye, we shall<br />
know more of him than we do, and if he does not<br />
tell us himself, it will be a matter for his biographers<br />
to investigate.<br />
<br />
One of the strongest witnesses to the influence<br />
of environment is Shakespeare, when he deplores<br />
the evil influence of the profession of actor upon<br />
him, and complains that his nature is<br />
<br />
“ Subdued<br />
To what it works in, like the dyer’s hand.”<br />
<br />
(fe Observe this image,” comments Shelley, “how<br />
simple it is, and yet how animated with the most<br />
intense poetry and passion.”) There is great<br />
reason to think that Shakespeare renounced the<br />
profession of actor long before he ceased writing<br />
for the stage ; it is certain that as soon as he was<br />
able he acquired property at his native place, which<br />
he must have visited as frequently as his profes-<br />
sional engagements would allow. It is interesting<br />
to inquire how far an influence from this change is<br />
atl) in his Writings, and it may be traced<br />
with certainty. The precise date of the sonnet<br />
seas above ic doubtful, but it certainly did<br />
not long precede his acquisition of property at<br />
Stratford. Within a year or two of this oven we<br />
find him producing the most sylvan of his dramas,<br />
<br />
As You Like It,” more thoroughly pervaded with<br />
the spirit of country life than anything he had<br />
Nidan before, if we except the description of the<br />
<br />
orse in “‘ Venus and Adonis,” beginning<br />
“But lo, from forth a copse that neighbours by,”<br />
and of coursing a hare in the Same poem, beginning<br />
pote when thou hast on foot the purblind hare,”<br />
€ latter, especially, ig ; :<br />
oe ) lly, a marvel of accurate<br />
a showing that Shakespeare must have<br />
2b’ Many a coursing match. “Ve d<br />
Adonis,” being descri be hans a<br />
<br />
, us, Delng described by him ag “ the first hei<br />
of my invention,” was i oe<br />
1 » Was probably written not ]<br />
after his departure from Stratford, when the tan<br />
<br />
Tess i : :<br />
p sion of country life would be strong with him<br />
<br />
evived by his acquisit 1<br />
<br />
quisition of a house there and<br />
<br />
hi : a<br />
'8 occasional visits, they come out in full force<br />
<br />
correspond<br />
<br />
after he has it his princi ;<br />
whe pe it his principal residence there<br />
<br />
rs, culminating in the pastoral<br />
S<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
~sescenes in “A Winter’s Tale” (1611), where<br />
‘fp villagers and village pastimes are painted to the<br />
‘life. Here seems a clear instance of the effect of<br />
ym@environment. It is an interesting question whether<br />
od the total neglect of the country by the artificial<br />
soe poets of a later day, such as Dryden and Pope, is<br />
eto be attributed to their metropolitan environ-<br />
‘om ment or to the pervading atmosphere of the period.<br />
sd] Their opportunities for contemplating the face of<br />
ie¥ Nature were indeed few, but they showed no dis-<br />
‘aoe position to profit by those which they had. How<br />
il different from Keats! who had scarcely been<br />
vec beyond Edmonton when he produced his first<br />
0¢ poems, which nevertheless contain couplets so<br />
jaa instinct with the spirit of the country as this :<br />
<br />
‘When a tale is beautifully staid,<br />
We feel the safety of a hawthorn glade.”<br />
<br />
Scott is a most signal instance of the power of<br />
va environment. It would hardly be fair to appeal to<br />
4 Byron as another, for he travelled with the deliberate<br />
i intention of making poetical capital out of every-<br />
4 thing that came in his way. He nevertheless forms<br />
sae one of a remarkable group of English poets who<br />
-ef have been deeply influenced by Italian environ-<br />
om ment. The list includes Landor, Shelley, Keats,<br />
‘ae and both the Brownings. Of these Robert Brown-<br />
ui ing seems the most deeply influenced, doubtless<br />
sod because as a dramatist he touched Italian life at<br />
om more points than the rest. He is a magnificent<br />
2a] instance of what improvement can be effected even<br />
ai in a great poet by transplantation, provided that<br />
ii the process is not continued so long as to pervert<br />
“{ the original bent of his genius. The greatest<br />
vil literary gift, however, that Italy ever made to<br />
1@ England was not poetry, but Gibbon’s “ Decline<br />
vg and Fall,” conceived as, sitting by the Coliseum<br />
‘6 on a moonlight night, he heard the barefooted<br />
‘d friars sing vespers in the Temple of Jupiter. The<br />
af influence, however, though permanent in its effects,<br />
-@ was too transient in its application to be reckoned<br />
“8 among instances of environment ; but Gibbon has<br />
told us of amore prosaic inspiration which certainly<br />
5 deserved the name, the benefit which the historian<br />
# who was ‘to write so fully on military matters<br />
9% received from a spell of service in the militia.<br />
_ It sometimes happens that a great writer spends<br />
s a long life in an environment devoid of striking<br />
features, and which we nevertheless feel to have<br />
d been the best he could possibly have had. Such a<br />
3 case was Goethe’s : he could not have been better<br />
"4 suited than at Weimar, and yet Weimar can hardly<br />
4 be thought to have supplied much aliment to the<br />
4 genius of which he had given ample proofs 7<br />
9 coming there. Its effect was to provide him her<br />
4 the quiet, honourable, stable environment, wit -<br />
which his calm, polished genius could work free 2<br />
and happily, “ without haste and without rest, as<br />
<br />
<br />
<br />
79<br />
<br />
he said himself. He might have found it diff l<br />
to observe this commendable maxim if his ci seg<br />
stances had been less easy, and his s her : tae<br />
more perturbed. : OU as<br />
On the whole we can but concl ib i<br />
possible to attribute both too oe little<br />
to environment, that it always exerts some influence<br />
but rarely makes the author an entirely different<br />
oon - . Baa have been under other<br />
te » an at this influence usually<br />
in proportion to the susceptibility of his<br />
perament. Men of the highest genius are<br />
consequently in one point of view the most liable<br />
to be affected by it, but from another the least, as<br />
the force of their minds enables them to triumph<br />
over circumstances which would crush feebler<br />
natures. Milton affords a memorable instance,<br />
composing his immortal poem under a total priva-<br />
tion of sight, and under the most adverse personal<br />
and domestic circumstances. Here the environment<br />
was absolutely hostile, but his past studies and his<br />
present meditations enabled him to create for him-<br />
self another far different one, within which his life<br />
was in reality spent. “ Paradise Lost” could not<br />
have been greater if his circumstances had been of<br />
the happiest, but this is mainly owing to the ideal<br />
and spiritual character of the poem. The vast<br />
majority of writers who deal with more sublunary<br />
matters will do well to adapt, as far as may be,<br />
their environment to themselves; and, when this<br />
is not practicable, themselves to their environment.<br />
Too much, however, must not be expected from<br />
even the most favourable external situation; if a<br />
man cannot do something where he is, he is not<br />
<br />
‘kely to do much anywhere.<br />
> ee : R. GARNETT.<br />
<br />
——_—__- > >—_—_<br />
<br />
OF LETTERS.<br />
<br />
++<br />
Christmas, and the big<br />
hop was packed with<br />
hurried customers, busily choosing their ate<br />
Christmas gifts. Cards were being Lege!<br />
ae ae ae a fe and<br />
-osged much attention ;<br />
tay Anite of all sorts sold i. eee<br />
: a MO tek whe had stolen in unobserved<br />
SF ck wie a hanging ealendar, half hidden<br />
and s<br />
<br />
oe ea It wasa child<br />
<br />
ots of chattering women. Oe<br />
<br />
. ae ag ee years old, clad in ee sent<br />
<br />
abire with a battered red oh oe i<br />
ae : ye-capped W ae,<br />
<br />
worn heavy boots, toe-e PE a number of little<br />
<br />
hair done in<br />
Ft ial, tied up with cotton. She stood<br />
. 2<br />
<br />
A PATRON<br />
<br />
T was two days before<br />
country stationers §<br />
<br />
<br />
<br />
<br />
80<br />
<br />
till and quite alone, almost under the<br />
sane her eed was half a foot below it, _<br />
she could have seen nothing but the skirts tha<br />
rustled about her. After watching her for some<br />
minutes I asked her what she wanted.<br />
<br />
«4 hook,” she whispered, showing a halfpenny<br />
clutched tightly in her warm little dirty fist.<br />
<br />
‘A book! She had come to buy a book—she<br />
alone out of the crowd! Her answer gave mea<br />
thrill of joyous optimism. She represented the<br />
new generation, the coming woman, and she<br />
wanted to buy a book. :<br />
<br />
In three minutes she was out of the shop again,<br />
<br />
blissfully hugging two cheap toy books, and, of<br />
course, perfectly unconscious that they had cost<br />
more than her own cheerfully given coin. I<br />
slipped out, too, and furtively followed her. At<br />
the first corner she stopped to examine her trea-<br />
sures, and in a few seconds was so absorbed in<br />
the contents of one that she wandered on without<br />
seeming to know where she went. The dirty<br />
street had doubtless become a paradise ; she was<br />
deaf and blind to everything but the wonderful<br />
world of pictures under her gloating eyes, and did<br />
not even notice that she had strayed from the<br />
pavement to the road. Still watching her as she<br />
dragged her heavily-shod feet by the gutter, I was<br />
suddenly roused to action by the approach of a big<br />
dray that came lumbering down upon the child,<br />
and there was only just time to drag her out of<br />
danger. She looked up at me with eyes full of<br />
dream, but spoke no word, though I walked beside<br />
= till she turned into a grimy alley to find her<br />
home.<br />
There I lost sight of her, but I shall not readily<br />
forget the tiny thing in the red cap and thick<br />
boots who brought her precious ha’penny to the<br />
bookshop instead of the sweetstuff stall. Ag a<br />
struggling writer of books in an age of free<br />
hbraries and cheap newspapers, I am not ungrate-<br />
ful to this small patron of letters for her practical<br />
encouragement, for the thrill of hope set vibrating<br />
when, 1n answer to my enquiry as to her wants she<br />
piped up, shyly but firmly : “A book.”<br />
<br />
Bless her!” With h ly<br />
to buy a book, er only copper she wanted<br />
MAL, P.<br />
<br />
oo eo<br />
SHOULD WELL-KNOWN WRITERS<br />
“FARM OUT” FICTION?<br />
N<br />
N a recent issue of The Author a correst<br />
I alluded Incidentally to the Tia event<br />
: well-known writers of fiction are said to have<br />
adopted of late years of « farming out,” as it ig<br />
called, a proportion of the work they are commis-<br />
sioned to do, and he appeared to take it for granted<br />
<br />
<br />
<br />
THB AUTHOR.<br />
<br />
that all readers of Ze Author and all members of 6 2<br />
the Authors’ Society must, as a matter of course, 921<br />
agree with him that the practice is reprehensible iid;<br />
<br />
in the extreme.<br />
<br />
Now it would be interesting to know the exact |9s:<br />
reason that leads this correspondent, and presum- ann<br />
ably a section of the writing community, to look fo.<br />
upon the practice of “ ghosting” for a well-known a<br />
<br />
: : Se ul<br />
writer, or of “ ghosting,” for that matter, for any ©<br />
<br />
writer able and willing to pay a competent proxy,<br />
<br />
asa contemptible and iniquitous practice. Ask any ¥<br />
<br />
popular writer of fiction, or writer of popular fiction<br />
<br />
<br />
<br />
<br />
<br />
—to be quite accurate—and he will tell you that a.<br />
<br />
every year the applications he receives for long §<br />
stories as well as for short stories increased, until f<br />
<br />
now it has come to this :—(1) He must decline to<br />
<br />
undertake to get through more than a comparatively &<br />
small amount of work, and thus, in the language &<br />
<br />
of the box-oflice, he must “turn good money<br />
away” ; (2) he must “scamp” a portion of the<br />
work he has agreed to do, and thus, in the long<br />
run, ruin his well-earned reputation for producing<br />
interesting stories ; (3) he must call in the aid of<br />
a proxy, in other words, “ farm out” the surplus.<br />
<br />
As the author of two stories that have appeared<br />
serially and in book form as the original work of a<br />
well-known writer, and as the writer also of a<br />
number of short stories that have appeared in<br />
magazines and elsewhere, and purport to be the<br />
original work of a certain well-known writer, I<br />
think that I may claim to speak with, at any rate,<br />
a small amount of authority on this rather interest-<br />
ing subject, and be allowed to draw attention to<br />
some of the advantages the system of “ farming<br />
fiction ” may be said to possess where the interests<br />
of the unknown writer—the ghost—the hack—the<br />
proxy—call him what you will—are at stake.<br />
<br />
i may say, to begin with, that the writers for<br />
whom I act as proxy know me sufficiently well to<br />
be aware that | am not likely ever to blackmail<br />
<br />
<br />
<br />
them, and in selecting a proxy this is of course an-<br />
<br />
extremely important consideration. They also<br />
<br />
know quite well that I am able to keep my own —<br />
counsel. Now, with regard to the advantages of —<br />
<br />
the system, it is in the matter of remuneration<br />
that the proxy, so to speak, “romps in” so far<br />
ahead of the individual who writes under his own<br />
name only. For the first long story I “ ghosted ”<br />
I received £2 15s. a thousand words all the way<br />
through, one-third of the total amount being paid<br />
to me before I had written a line ; one-third when<br />
<br />
I had completed about one-half of the story ; one- —<br />
<br />
third on the day I delivered the MS. complete.<br />
Now, supposing that I had written that story on<br />
the chance of its being accepted by some news-<br />
paper, some syndicate, or some publisher, what<br />
would have happened? In the first place I should<br />
<br />
have worked hard for four whole months without<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
THE AUTHOR,<br />
<br />
“ae receiving a single shilling, and all the time I<br />
<br />
<br />
<br />
| should have been worried by the thought that<br />
f perhaps I should, after all, be unable to “place”<br />
‘ed the book, in which case those four months’ hard<br />
» work would of course have been so much time<br />
eu) absolutely wasted. At the end of the four months<br />
ite! T should have set to work to send the story either<br />
to a literary agent or to a publisher. The pub-<br />
i) lisher would have kept it for a month or six weeks<br />
at the very least, and then probably have returned<br />
/ it to me with a polite but unsatisfactory note to<br />
«1 the effect that the book would not suit his house,<br />
but that it possessed merit and might be accepted<br />
«| by some other publisher. I should then have sent<br />
i it elsewhere, and when several months at least had<br />
elapsed I should—if fortune had favoured me—<br />
| have succeeded in “ placing” it. But how much<br />
‘4 should I then have received for it? A guinea a<br />
(| thousand words, perhaps. Very likely not so<br />
Ҥ much. And when would the cheque have been<br />
{ paid to me? Then and there, possibly. Much<br />
more likely many months later. Should I have<br />
“4 received any kudos 2? None to speak of—certainly<br />
=) not enough to compensate me for so serious a pecu-<br />
| niary loss. Personally, therefore, I look upon the<br />
well-known writer who “ farms out” his work as a<br />
sort of Heaven-sent being, and not, as some appear<br />
to consider him, a species of impostor. He satis-<br />
| fies himself; he satisfies the proxy he employs ;<br />
| he satisfies his publisher; and he satisfies the<br />
| public—for by this time the public has come to<br />
know quite well that stories and books alleged to<br />
be the work of Blank are certain to be readable.<br />
| Whether Blank himself actually writes the books,<br />
) or whether he employs someone to write them for<br />
‘{ him, is really of no great consequence so far as the<br />
4 general reader is concerned. ‘The general reader<br />
looks upon Blank’s name as a sort of trade mark<br />
—nothing more. The same kind of thing goes on<br />
‘f in trades and professions, and nobody thinks of<br />
' grumbling. Not very many years ago, to give a<br />
#4 single instance, the business of one of the best<br />
vl known West End gunmakers was acquired by the<br />
4 son of an equally famous coach-builder. The<br />
coach-builder adopted the name of the gunmaker<br />
for business purposes, and to this day probably<br />
two-thirds of this gunmaker’s customers are under<br />
_97 the impression that Blank’s guns are built by the<br />
son of the eminent gunmaker who actually worked<br />
up the business and established its world-renowned<br />
reputation. :<br />
<br />
The same remarks apply to the proxy writer of<br />
' short stories. I am commissioned by ‘ that<br />
| popular and clever writer, Blank So-and-So,” to<br />
| write a magazine story of, say, 3,000 words, .<br />
/ appear under his or her signature. Blank tells<br />
me the sort of story that is wanted—the sort that<br />
he or she knows I happen to be capable of pro-<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
81<br />
<br />
ducing—and we arrange terms. Blank agrees to<br />
pay me at the rate of, say, three guineas, or perhaps<br />
four guineas, a thousand words. I allow myself<br />
perhaps a whole week, even ten days, in which to<br />
map out, write and re-write this commissioned<br />
story. I know that I shall be paid for it on the<br />
day it is delivered, so I now have no need to<br />
worry, or to wonder whether the story will ever be<br />
published, and if so, when; and how long I shall be<br />
kept waiting for my cheque. Now, had this story<br />
been written on the chance of its being accepted on<br />
its merits, I should in all probability have been<br />
obliged to send it round to five or six magazines,<br />
one after another, and perhaps at the end of a year<br />
it would still be travelling about and trying to<br />
place itself. Even if it had been accepted at once<br />
I should not have been paid more than fourteen or<br />
fifteen guineas for it. Very likely I should have<br />
been compelled to accept ten, or even less, and the<br />
cheque might still be owing, ‘the rules of this<br />
office being not to pay until the contribution has<br />
appeared.”<br />
<br />
Therefore J maintain that for the free lance not<br />
overburdened with wealth this ‘‘ ghosting” work<br />
is by far the more profitable, by far the more<br />
satisfactory in more ways than one provided, he<br />
can get the right man to commission the stories,<br />
and provided also that he is capable of turning out<br />
the sort of stuff required—I employ the word<br />
“stuff” in no derogatory sense—possibly provided<br />
also that the sight of his own production appearing<br />
under another writer’s signature will not cause him<br />
either mortification or annoyance.<br />
<br />
The life of the free lance addicted to “ ghost-<br />
ing” is, | may add, by no means devoid of humour.<br />
He is able to obtain upon all sides candid opinions<br />
of his own work, opinions which often enable him<br />
to realise his shortcomings and rectify his faults.<br />
On one occasion, I remember, one of the books<br />
I had “proxied” was sent to me for review,<br />
accompanied by a note from the editor of the news-<br />
paper—the editor is now dead—to the effect that<br />
I might as well, for. reasons which he ae<br />
“pepper this story of Blank’s a bit. I did the<br />
best 1 could to “pepper” my own work, but i<br />
admit that the task rather stuck in my throat.<br />
When I told Blank, afterwards, what I had been<br />
doing, he was immensely tickled. He said ib<br />
reminded him of “poor Gilbert’s inimitable<br />
<br />
a8<br />
humour. Panry.<br />
<br />
———_—__1———__o___—<br />
<br />
«A Baronet in Corduroy” is ce Hee ot<br />
<br />
of riod recently pub-<br />
<br />
romance of the Queen Anne period recen)<br />
<br />
lished (Grant Richards) by Mr. Albert Lee, author<br />
of “The Frown of Majesty.”<br />
<br />
<br />
82<br />
<br />
INTERNATIONAL COPYRIGHT.<br />
<br />
—+-—>—<br />
<br />
The following cutting came to us from the<br />
correspondence column of a well-known ladies’<br />
newspaper :—<br />
<br />
Nixa.—According to the law of International Copy-<br />
right, no book can be translated into any other language<br />
without the author’s permission until ten years after the<br />
date of publication. After that lapse of time, anyone may<br />
translate the book; but within the period the author's<br />
permission is usually obtained without much difficulty by<br />
applying to him—or her—through the publisher of the<br />
book, if the author’s private address is unknown.<br />
<br />
It shows how dangerous a little knowledge<br />
may be.<br />
<br />
From the first sentence it would appear that<br />
International Copyright was universal, and that to<br />
translate a book appearing in any country on any<br />
subject within the period of ten years would be<br />
illegal without the author’s sanction. This of<br />
course is not the case. The Berne Convention<br />
of 1886 and the Additional Act of Paris, 1896,<br />
have not been signed by all the European countries,<br />
and the United States has always stood outside.<br />
<br />
On a former occasion the names of those coun-<br />
tries who were signatories have been printed in<br />
these columns. While the statements contained<br />
in the paragraph are abroad it would appear<br />
advisable to print the list again.<br />
<br />
Germany, Belgium, Spain, France, Haiti, Italy,<br />
Switzerland, Tunis, Monaco, Luxembourg, and<br />
Japan have signed both the Berne Convention<br />
and the Additional Act of Paris. Norway is a<br />
signatory to the Berne Convention, and Denmark<br />
signed both in July of this year. In addition, Great<br />
Britain has a separate Convention with Austria-<br />
Hungary. The Imperial Government signed the<br />
Berne Convention on behalf of Great Britain and<br />
all its Colonies, and the Additional Act of Paris<br />
on behalf of Great Britain and the majority of its<br />
Colonies.<br />
<br />
In the countries enumerated —and in those<br />
countries only—is it possible to retain translation<br />
rights.<br />
<br />
The paragraph quoted above goes on to say that<br />
after the lapse of ten years anyone may translate<br />
the book. ‘This was to a certain extent true under<br />
the Berne Convention, but is entirely wrong under<br />
the Additional Act of Paris. The Clause referring<br />
to this runs as follows :—<br />
<br />
“ Authors belonging to any one of the countries of the<br />
Union, or their lawful representatives, shall enjoy in the<br />
other countries the exclusive right of making or authorising<br />
the translation of their works during the entire period of<br />
their right over the original work. Nevertheless, the<br />
exclusive right of translation shall cease to exist if the<br />
author shall not have availed himself of it, during the<br />
period of ten years from the date of the first publication<br />
of the original work, by publishing, or causing to be pub-<br />
<br />
ished in one of the countries of the Union, a translation in<br />
he language for which protection is to be claimed.”<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
Accordingly, in those countries, if publication .<br />
<br />
is made within ten years, the author has copyright<br />
during the entire period of his right over the<br />
original work.<br />
<br />
It must be clearly stated, however, that none of<br />
these extensions of property covered by the Berne<br />
Convention refer to the United States. A law<br />
based on an entirely different principle carries<br />
copyright in that country.<br />
<br />
It is a mistake, therefore, to talk in this loose od<br />
It may lead [ime<br />
<br />
way of International Copyright.<br />
writers into difficulties.<br />
<br />
MAGAZINE CONTENTS.<br />
<br />
—-—<—+—<br />
<br />
BLACKWOOD’S MAGAZINE.<br />
<br />
A Sketch of the Life and Adventures of the Duke De<br />
Ripperda, the Eighteenth Century Dutchman and Rene-<br />
gade. By Walter B. Harris.<br />
<br />
The Avatar of Bishwas Dass.<br />
the pen of Mr. T. Hart Davies.<br />
<br />
Voltaire. ‘<br />
<br />
Oxford Revisited.<br />
<br />
Sir William Wilcocks’ Scheme for the Irrigation of<br />
Mesopotamia by means of the River Tigris.<br />
<br />
Leopardi’s “ Village Saturday Eve.” Translated by Sir<br />
Theodore Martin.<br />
<br />
Babes of the Highway. By Oliver Locker Lampson.<br />
<br />
Outside Pets.<br />
<br />
Scolopaxiana.<br />
<br />
Musings Without Method.<br />
<br />
Sally: A Study. By Mr. Hugh Clifford,<br />
<br />
An amusing story from<br />
<br />
THE CORNHILL MAGAZINE,<br />
<br />
The Fond Adventure. Part I]. By Maurice Hewlett.<br />
<br />
Colonial Memories: Old New Zealand, I., By Lady<br />
Broome. :<br />
<br />
Whistler the Purist. By Mortimer Menpes.<br />
<br />
Mr. Whibley’s “ Thackeray.” By Andrew Lang.<br />
<br />
Lines Written in Depression. By A. D. Godley.<br />
<br />
Samuel Rawson Gardiner. By the Rev. W. H. Hutton,<br />
B.D.<br />
<br />
Though the Windows be Darkened. By John Oxenham.<br />
<br />
The Grouse and the Gun-room. By Alexander Innes<br />
Shand.<br />
<br />
Ferments and Fermentations.<br />
F.R.S.<br />
<br />
“In Loco Parentis.”<br />
<br />
By W. A. Shenstone,<br />
By Powell Millington.<br />
<br />
LONGMAN’S MAGAZINE.<br />
<br />
Nature’s Comedian (Chapters xi., xii). By W. E. Norris.<br />
<br />
A Turkish Redif. By Frances MacNab.<br />
<br />
The Suspicions of Turkentine. By Chas.<br />
Marsh.<br />
<br />
Parliament in the Making. By William Auld.<br />
<br />
An Unrecorded Incident. By “ Rimpie.”<br />
<br />
Restaurant-keeping in Paris, By M. Betham-Edwards.<br />
<br />
Billy. By May Kendall. :<br />
<br />
Taurus Intervenes. By W. H. Rainsford.<br />
<br />
Fielding<br />
<br />
At the Sign of the Ship. By Andrew Lang.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Be<br />
alt<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
THE PALL MALL MAGAZINE.<br />
<br />
Six Weeks in North-Western Rhodesia. By Lady Sarah<br />
Wilson.<br />
<br />
Blue Roses: A Fairy Tale for Impossible Women. By<br />
Netta Syrett.<br />
<br />
Simple Simon: A Story. By Caroline Marriage.<br />
<br />
Once, Always: A Poem. By Laurence Housman.<br />
<br />
The Christmas Tree: A Poem. By Rosamund Marriott<br />
‘Watson.<br />
<br />
The Rebuilding of London: The Site of the Great<br />
Fire.<br />
<br />
The Best Man:<br />
Hilliers.<br />
<br />
The Song of Dagonet. By Ernest Rhys.<br />
<br />
Lansdowne House. By Ernest M. Jessop.<br />
<br />
No Trumps or Spades: A Complete Story. By Horace<br />
Annesley Vachell.<br />
<br />
Master Workers :<br />
By Harold Begbie.<br />
<br />
Child Awake. By Elsie Higginbotham.<br />
<br />
The Play Angel. By Maude Egerton King.<br />
<br />
Haggards of the Rock. By H. B. Marriott Watson.<br />
<br />
The New Pope: An Anecdotal Narrative. By Rev.<br />
Alex. Robertson, D.D.<br />
<br />
The Queen’s Quair: Book II. (Chapters iii., iv.) By<br />
Maurice Hewlett.<br />
<br />
Heart's Harbour: A Poem. By Mary van Vorst.<br />
<br />
The Girl Who Wasn’t Prim. By G. B. Burgin.<br />
<br />
The Vineyard. (Chapters xvi., xvii.) By “John Oliver<br />
Hobbes” (Mrs. Craigie).<br />
<br />
What makes you Sit and Sigh? A Poem.<br />
nald Lucas, M.P.<br />
<br />
The Surprise. By H. Fielding Hall.<br />
<br />
A Visit to the Island of St. Vincent and the Souffritre.<br />
By Lady Ernestine Edgcumbe.<br />
<br />
The Round Table: The Tidal Wave. By W. L. Alden.<br />
<br />
The Month in Caricature. By G. R. H.<br />
<br />
A Complete Story. By Ashton<br />
<br />
The Rt. Hon. John Morley, 0.M., M.P.<br />
<br />
By Regi-<br />
<br />
THE WorLD’s Work (BIRTHDAY NUMBER).<br />
<br />
Practical Points in the Fiscal Controversy. By J. A+<br />
Spender.<br />
<br />
Motor Cars and Men.<br />
<br />
A Record Christmas for Fruits. By Sampson Morgan.<br />
<br />
Mr. Sargent’s Famous Portraits. By Mrs. Meynell.<br />
<br />
Trusts and Labour in New York: Amazing Revelations.<br />
By Ray Stannard Baker.<br />
<br />
Mr. John Burns, M.P., on Labour, Life and Hope. By<br />
George Turnbull.<br />
<br />
The Revolution among Women who Work. By Lady<br />
Jeune.<br />
<br />
The First Garden City.<br />
<br />
Breeding Horses and Cattle.<br />
<br />
Volunteer Cyclists: A Scheme for Home Defence. By<br />
Guy Speir.<br />
<br />
The Day’s Work of an Engine Driver.<br />
<br />
A Farmers’ Trust. By H. 8. Wood.<br />
<br />
The Problem of the Incorrigible Offender.<br />
Hopkins.<br />
<br />
Irish Toys for Christmas.<br />
<br />
The Mystery of Radium. By J. A. Harker, D.Sc.<br />
<br />
The Books of the Month. (With Portraits).<br />
<br />
Among the World’s Workers : A Record of Industry.<br />
<br />
By the Editor.<br />
<br />
By Tighe<br />
<br />
83<br />
<br />
CORRESPONDENCE.<br />
<br />
“THE ‘TIMES’ ENCYCLOPADIA.”<br />
<br />
ASSOCIATED BOOKSELLERS OF GREAT BRITAIN<br />
AND IRELAND.<br />
<br />
Secretarial Office,<br />
1, Bathurst Street, Hyde Park,<br />
London, W.<br />
<br />
Sir,—In an advertisement of “The ‘Times’<br />
Encyclopedia” that appeared on October Ist, it<br />
is stated that after December 19th, 1903, the work<br />
will be sold<br />
<br />
“as it was before the Zimes took it in hand,<br />
by booksellers only, in the ordinary course of<br />
trade. The lowest price will then be £57<br />
(net) for the cloth binding—more than double<br />
the present price.”<br />
<br />
Again, on October 4th, it is stated that<br />
‘now the normal price, the net catalogue<br />
price, is about to replace the temporary half<br />
price, and the normal method of sale through<br />
the agency of booksellers is about to replace<br />
the exceptional system of sale direct to the<br />
public at half price and for small monthly<br />
payments.”<br />
<br />
The natural inference from these statements is<br />
that the public would have suffered materially had<br />
the “ Encyclopedia Britannica” with its Suapple-<br />
ment remained in the hands of the publishers and<br />
been supplied through the booksellers. As such an<br />
inference is injurious to the interests of the book-<br />
sellers, we, as representing the booksellers, think<br />
it right to place the following facts before the<br />
public :<br />
<br />
(1) The “ Encyclopedia Britannica” was sup-<br />
plied to the public through the booksellers at<br />
£18 for years before the Times reprint<br />
appeared.<br />
<br />
(2) If the Supplement had been published by<br />
Messrs. A. & C. Black at the same price per<br />
volume as the “Encyclopedia” itself, the<br />
published price of the Supplement would have<br />
been, in cloth £16 10s. for the eleven<br />
volumes. The Supplement would have been<br />
supplied by many booksellers for cash for<br />
about £12 7s. 6d. The total price of the<br />
“Encyclopedia” and the Supplement would<br />
therefore have been about £30 7s. 6d., very<br />
much the same price as that at which the<br />
Times has sold the work.<br />
<br />
(3) The work as supplied by the 7'imes on the<br />
instalment system remained the property of the<br />
Times until the last instalment was paid: the<br />
work as supplied by the booksellers on credit<br />
<br />
<br />
84<br />
<br />
at a very little higher rate than the Times<br />
<br />
rate would have become the property of the<br />
purchaser from the moment it was delivered.<br />
<br />
(4) The Times intimates that after December<br />
<br />
19th, 1903 until 1919 the booksellers will not<br />
be allowed to sell the work at less than<br />
£57 (net) in cloth. This is nearly twice the<br />
“normal price” at which the booksellers<br />
would have sold it now had it been published<br />
by Messrs. Black, and much more than twice<br />
the price at which they would have sold it<br />
ten or fifteen years hence. It is not customary<br />
to sell an Encyclopaedia at a fancy price when<br />
much of it must of necessity be hopelessly<br />
out of date.<br />
<br />
(5) Judging from the excellence of the articles<br />
<br />
in the “Encyclopedia Britannica,” there is<br />
no reason to think that the excellence of the<br />
Supplement would have been less than it is<br />
had it been published by Messrs. Black ; and<br />
any unprejudiced person will admit that the<br />
production, so far as printing and binding is<br />
concerned, was better in the edition published<br />
by Messrs. Black than in the 7%imes reprint.<br />
<br />
(6) It is claimed for “The ‘Times’ Encyclo-<br />
<br />
peedia” that it “ will settle the simpler queries<br />
that present themselves in daily life.” We<br />
fail to see how this will be possible in 1919,<br />
when the last volume will be sixteen, and the<br />
first volume about forty years out of date.<br />
Yours faithfully,<br />
(Signed) Hznry W. Knay,<br />
President of the Associated<br />
Booksellers of Great Britain<br />
and Ireland.<br />
R. Bows,<br />
Chairman of Eastern Branch.<br />
T. Watson,<br />
Chairman of Northern<br />
Branch.<br />
J. PATTERSON,<br />
Chairman of North-Eastern<br />
Branch.<br />
C. J. PARKER,<br />
Chairman of Oxford Branch.<br />
A. WHEATON,<br />
Chairman of Western Branch.<br />
RospeRT MACLEHOSE,<br />
Chairman of Scottish Branch.<br />
ALEXANDER Dickson,<br />
Chairman of Belfast Branch.<br />
Witiram M‘Grr,<br />
<br />
Chairman of Dublin Branch.<br />
November 5th, 1908.<br />
<br />
Oe<br />
<br />
THE AUTHOR.<br />
<br />
A Book Lover’s LAMENT.<br />
<br />
Sir,—Can you, or any member of the Society,<br />
tell me the author and publisher of a book called<br />
‘“‘ John Lackland,” which appeared, I think, about<br />
a year ago.<br />
<br />
Ever since then I have been trying to get it<br />
from one of the libraries in my country town, but<br />
in vain. The librarians have written up to Mudie,<br />
or some other London purveyor of literature, over<br />
and over again without being able to procure the<br />
book, and I do not see it on any list now. As it<br />
was well reviewed as a work of note, I cannot<br />
understand why it should be so difficult to obtain<br />
from a library, and the fact raises a question : Are<br />
not we poor book-lovers in the provinces utterly at<br />
the mercy of the great distributors? They can<br />
send us just what they choose and withhold the<br />
books we should like to read. It is only by almost<br />
superhuman efforts that I can get anything I want,<br />
and I have been agitating nearly all this year for<br />
« John Lackland.” Is it any wonder that good<br />
books die without even being read by any but<br />
reviewers, or that we readers in the country forget<br />
their names when we never see them, or hear of<br />
them after the first month ?<br />
<br />
Surely the great question to-day is of the dis-<br />
tribution of books. Publishers must often be in<br />
despair, to say nothing of authors who have,<br />
perhaps, spent years in writing that which nobody<br />
can get at!<br />
<br />
A Boox Lover at Bay.<br />
<br />
Tur PuBLISHER’S READER<br />
<br />
Str,—May I be permitted to supplement the<br />
experience (as a Publisher’s Reader) of your corre-<br />
spondent “H. B.” with my own? TI read MSS.<br />
for a very prominent young publisher indeed,<br />
giving my employer, on printed form supplied, an<br />
outline of each story, a general criticism of style<br />
and treatment, advice as to commercial possibilities<br />
of the books, at a remuneration of 2s. a MS.<br />
<br />
But, with the Daily Mail article signed “ Stan-<br />
<br />
hope Sprigg,” I fear that one ought not to place :<br />
<br />
undue importance on the statements made. We<br />
must remember that every man of every degree,<br />
nowadays, be he peer or publisher, or even a literary<br />
agent who is (or has been) on the staff of a famous.<br />
journal, must most strenuously exert himself in<br />
order to get an honest living.<br />
<br />
I am, sir, your obedient servant,<br />
F. W. R. | https://historysoa.com/files/original/5/488/1903-12-01-The-Author-14-3.pdf | publications, The Author |