| 351 | https://historysoa.com/items/show/351 | The Author, Vol. 12 Issue 08 (March 1902) | <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.+12+Issue+08+%28March+1902%29"><em>The Author</em>, Vol. 12 Issue 08 (March 1902)</a> | | | <a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015006979390" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=mdp.39015006979390</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> | 1902-03-01-The-Author-12-8 | | | | | 133–159 | | | | | | | | | | | | | | | | | | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=89&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=12">12</a> | | | | | | | | | | | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=76&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=1902-03-01">1902-03-01</a> | | | | | | | 8 | | | 19020301 | The Author.<br />
(The Organ of the Incorporated Society of Authors. Monthly.)<br />
Vol. XII.—No. 8.<br />
MARCH 1, 1902.<br />
[PRICE SIXPENCE.<br />
CONTENTS.<br />
PAGE<br />
PAGE<br />
:<br />
...<br />
149<br />
:<br />
:::<br />
....<br />
...<br />
149<br />
149<br />
150<br />
Notices ... ...<br />
The Pension Fund of the Society of Authors ...<br />
From the Committee ... ... ... ... ..*<br />
Book and Play Talk ...<br />
Literary, Dramatic, and Musical Property<br />
Newspaper Copyright—"Thou shalt not steal<br />
Standard Rules for Printing...<br />
Perpetual Copyright ... ... ..<br />
The Journalistic Free Lance...<br />
The Authors' Club ... ...<br />
A Ballade of Incapacity ... ... ... ...<br />
133<br />
133<br />
136<br />
139<br />
142<br />
144<br />
144<br />
146<br />
General Memoranda ... ...<br />
Warnings to Dramatic Authors<br />
How to Use the Society ...<br />
The Reading Branch ... ...<br />
Authorities ... ... ...<br />
Life: A Reply to “ A. C. B."<br />
The Irish Literary Revival ...<br />
Real People in Fiction<br />
Mrs. Humphreys (Rita) v. Messrs. Butterworth & Co.<br />
Correspondence... ... ... ... ... ... ...<br />
: : : :<br />
130<br />
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153<br />
153<br />
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156<br />
158<br />
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159<br />
PUBLICATIONS OF THE SOCIETY.<br />
1. The Annual Report for the current year. 18.<br />
2. The Author. A Monthly Journal devoted especially to the protection and maintenance of Literary<br />
Property. Issued to all Members gratis. Price to non-members, 6d., or 58. 6d. per annum,<br />
post free. Back numbers from 1892, at 10s. 6d. per vol.<br />
3. Literature and the Pension List. By W. MORRIS COLLES, Barrister-at-Law. 28.<br />
4. The History of the Société des Gens de Lettres. By S. SQUIRE SPRIGGE. 18.<br />
5. The Cost of Production. (Out of print.)<br />
6. The Yarious Methods of Publication. By S. SQUIRE SPRIGGE. In this work, compiled from the<br />
papers in the Society's offices, the various forms of agreements proposed by Publishers to<br />
Authors are examined, and their meaning carefully explained, with an account of the<br />
various kinds of fraud which have been made possible by the different clauses in their<br />
agreements. 38.<br />
Addenda to the Above. By G. HERBERT THRING. Being additional facts collected at<br />
the office of the Society since the publication of the “Methods." With comments and<br />
advice. 28.<br />
7. Copyright Law Reform. An Exposition of Lord Monkswell's Copyright Bill of 1890. With<br />
Extracts from the Report of the Commission of 1878, the Berne Convention, and the<br />
American Copyright Bill. By J. M. LELY. 18. 6..<br />
8. The Society of Authors. A Record of its Action from its Foundation. By WALTER BESANT<br />
(Chairman of Committee, 1888–1892). 18.<br />
9. The Contract of Publication in Germany, Austria, Hungary, and Switzerland. By ERNST<br />
LUNGE, J.U.D. 28. 6d.<br />
10. Forms of Agreement issued by the Publishers' Association; with Comments. By<br />
G. HERBERT THRING, and Illustrative Examples by Sir WALTER BESANT. 2nd Edition. 18.<br />
[411 prices net. Apply to the Secretary, 39, ou Queen Street, Storey's Gate, S.W.]<br />
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<br />
ADVERTISEMENTS.<br />
The Society of Authors (Incorporated).<br />
PRESIDENT.<br />
GEORGE MEREDITH.<br />
COUNCIL,<br />
SIR EDWIN ARNOLD, K.C.I.E., C.S.l. | THE RIGHT HON. THE LORD CURZON | SIR A. C. MACKENZIE, Mus. Doc.<br />
THE RIGHT HON. THE LORD AVE OF KEDLESTON.<br />
PROF. J. M. D. MEIKLEJOHN.<br />
BURY, P.C.<br />
AUSTIN DOBSON.<br />
THE Rev. C. H. MIDDLETON-WAKE.<br />
J. M. BABRIE.<br />
A. CONAN DOYLE, M.D.<br />
SIR LEWIS MORRIS.<br />
A. W. A BECKETT.<br />
A. W. DUBOURG.<br />
HENRY NORMAN, M.P.<br />
ROBERT BATEMAN.<br />
SiR MICHAEL FOSTER, K.C.B., M.P., GILBERT PARKER, M.P.<br />
F. E. BEDDARD, F.R.S.<br />
F.R.S.<br />
J. C. PARKINSON,<br />
SIR HENRY BERGNE, K.C.M.G.<br />
D. W. FRESHFIELD.<br />
A. W. PINERO.<br />
AUGUSTINE BIRRELL, K.C.<br />
RICHARD GARNETT, C.B., LL.D. THE Right Hox. THE LORD PIR-<br />
THE REV. PROF. BONNEY, F.R.S.<br />
EDMUND GOSSE.<br />
BRIGHT, F.R.S<br />
THE RIGHT HON. JAMES BRYCE, SYDNEY GRUNDY.<br />
SIR FREDERICK POLLOCK, Bart.,LL.D.<br />
M.P.<br />
H. RIDER HAGGARD.<br />
WALTER HERRIES POLLOCK.<br />
THE Right Hon. THE LORD BURGH MRS. HARRISON (LUCAS MALET). E. ROSE.<br />
CLERE.<br />
THOMAS HARDY.<br />
W. BAPTISTE SCOONES.<br />
HALL CAINE.<br />
ANTHONY HOPE HAWKINS.<br />
OWEN SEAMAN.<br />
EGERTON CASTLE, F.S.A.<br />
JEROME K. JEROME.<br />
Miss FLORA L. SHAW.<br />
EDWARD CLODD.<br />
J. SCOTT KELTIE, LL.D.<br />
G. R. SIMs.<br />
W. MORRIS COLLES.<br />
RUDYARD KIPLING.<br />
S. SQUIRE SPRIGGE. ,<br />
THE HON. JOHN COLLIER,<br />
PROF. E. RAY LANKESTER, F.R.S. J. J. STEVENSON.<br />
SIR W. MARTIN CONWAY.<br />
The Right Hon.W.E, H.LECKY, M.P. FRANCIS STORR.<br />
MRS. CRAIGIE,<br />
J. M. LELY.<br />
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F. MARION CRAWFORD.<br />
THE REV. W.J. LOFTIE, F.S.A. | MRS. HUMPHRY WARD.<br />
Hon. Counsel – E. M. UNDERDOWN, K.C.<br />
COMMITTEE OF MANAGEMENT,<br />
Chairman--A. HOPE HAWKINS.<br />
SYDNEY GRUNDY.<br />
GILBERT PARKER, M.P.<br />
J. M. LELY.<br />
E, ROSE.<br />
HENRY NORMAN, M.P.<br />
OWEN SEAMAN.<br />
FRANCIS STORR.<br />
A. W. A BECKETT,<br />
A. CONAN DOYLE, M.D.<br />
D. W. FRESHFIELD.<br />
SUB-COMMITTEES.<br />
ART.<br />
HON. JOHN COLLIER (Chairman). I SIR W. MARTIN CONWAY. I M. H. SPIELMANN.<br />
COPYRIGHT. .<br />
A. W. À BECKETT.<br />
A. HOPE HAWKINS.<br />
J. M. LELY.<br />
W. M. COLLES.<br />
GILBERT PARKER, M.P.<br />
DRAMA.<br />
HENRY ARTHUR JONES (Chairman). I F. C. BURNAND.<br />
A. W. PINERO.<br />
A. W. À BECKETT,<br />
SYDNEY GRUNDY.<br />
EDWARD ROSE.<br />
Suinitore_ FIELI), RoSCOE, and Co., Lincoln's Inn Fields.<br />
16. HERBERT THRING, 39, Old Queen Street, S.W.<br />
Secretary-G, HERBERT TARING.<br />
OFFICES: 39, OLD QUEEN STREET, STOREY'S GATE, S.W.<br />
-<br />
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## p. 133 (#533) ############################################<br />
<br />
The Author.<br />
(The Organ of the Incorporated Society of Authors. Monthly.)<br />
FOUNDED BY SIR WALTER BESANT.<br />
VOL. XII.—No. 8.<br />
MARCH 1st, 1902.<br />
[PRICE SIXPENCE.<br />
-<br />
-<br />
--<br />
CHANGE OF ADDRESS.<br />
to month as they come to hand. It has been con-<br />
sidered unnecessary to print the full list with<br />
every issue.<br />
The office of the Incorporated Society of Authors<br />
lias been removed to-<br />
39, OLD QUEEN STREET,<br />
STOREY'S GATE, S.W.<br />
Donations ......................<br />
........£1439 16<br />
Subscriptions .................... 100 1<br />
6<br />
6<br />
NOTICE.<br />
T HE EDITOR begs to inform Members of the<br />
Authors' Society and other readers of The<br />
Author that the cases which are from time<br />
to time quoted in The Author are cases that have<br />
come before the notice or to the knowledge of the<br />
Secretary of the Society, and that those members<br />
of the Society who desire to have the names of<br />
the publishers concerned can obtain them on<br />
application.<br />
DONATIONS.<br />
Nov. 9, Dale, Miss .<br />
Oct. 10, Harrison, Mrs. (Lucas Malet)<br />
Oct. 15, Rossi, Miss L. ..<br />
Oct. 25, Potter, M. H. .......<br />
Oct. 30, Stanley, Mrs.<br />
Nov. 21, Balfour, A. ......<br />
Nov. 22, Risley, J.......<br />
Nov. 25, Walker, W. S.....<br />
Jan. 24, Church, Prof. R. A. H.<br />
Jan. 29, Toplis, Miss Grace.<br />
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.........<br />
Feb. 15, Wilkins, W.H. (2nd donation)<br />
Feb, 15, S. G. ............<br />
Feb. 17, Hawkins, A. Hope .............<br />
Feb, 19, Burrowes, Miss E.<br />
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2 2<br />
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Subscriptions.<br />
MEMBERS and Associates are again reminded that<br />
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ANNUAL SUBSCRIPTIONS.<br />
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Jan. 22, Carey, Miss R. Nouchette ...<br />
1<br />
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FROM THE COMMITTEE.<br />
THE PENSION FUND OF THE SOCIETY<br />
OF AUTHORS.<br />
M<br />
M<br />
HE following is the total of donations and<br />
subscriptions promised or received up to<br />
the present date.<br />
Further sums will be acknowledged from month<br />
VOL. XII.<br />
Notes from the Society.<br />
HE Committee have to regret the sudden<br />
death of Mr. P. W. Clayden, who has<br />
been a Member of the Society and Council<br />
since 1890. Though perhaps not so well known<br />
as a writer of books as a journalist, he was always<br />
in warm accord with the aims and objects of the<br />
<br />
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134<br />
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Society. The death of Mr. Aubrey de Vere, who Caine, T. Hall, amount dependent on<br />
had been for some time a Member of the Society, sam required.<br />
must also be chronicled with regret. His work as Clodd, Edward . .<br />
. . £1 1 0<br />
a poet was well known and widely read.<br />
Colles, W. M. .<br />
. 5 5 0<br />
Collier, The Honble. Jol<br />
. 1 1 0<br />
Conway, Sir W. Martin<br />
. 1 1 0<br />
The Work of the Society.<br />
Craigie, Mrs. .<br />
2 2 0<br />
The general meeting of the Society has been Dobson, Austin . .<br />
1 1 0<br />
fixed for Wednesday, March 19th, at four o'clock,<br />
Doyle, A. Conan. .<br />
: 15 00<br />
at the rooms of the Royal Medical and Chirurgical<br />
Dubourg, A. W..<br />
2 2 0<br />
Society, 20, Hanover Square, W. Members will<br />
Foster, Sir Michael, M<br />
1 1 0<br />
receive formal notice in due course.<br />
Freshfield, D. W.<br />
5 0 0<br />
At the February meeting of the Committee,<br />
Garnett, Richard<br />
3 3 0<br />
eighteen Members and Associates were elected, Gosse. Edmund<br />
3 3 0<br />
making the number of elections for the current<br />
Grundy, Sydney.<br />
2 2 0<br />
year thirty-nine. This number is quite on a level<br />
Haggard, H. Rider .<br />
3 3 0<br />
with former years.<br />
Hardy, Thomas . .<br />
2 2 0<br />
At the same meeting an interesting case was<br />
Harrison, Mrs. (Lucas Ma<br />
1 1 0<br />
laid before the Committee, and it was decided to Hawkins, A. Hope<br />
10 0 0<br />
take Counsel's opinion on behalf of the Member. Jerome K. Jerome<br />
. 2 20<br />
It will, no doubt, be possible, in a subsequent Keltie. J. Scott.<br />
1 1 0<br />
number of The Author, to print the opinion, but Kipling, Rudyard .<br />
20 0 0<br />
at present the name and matter in dispute cannot Lely, J. M."<br />
. . . .<br />
1 1<br />
be given.<br />
0<br />
Loftie, Rev. W. J.<br />
1 1 0<br />
Since the last notice in The Author the Society Middleton-Wake, Rev. C. H. . . 2 2 0 )<br />
has had nineteen cases in its hands. Of these Norman. Henry<br />
1 1 0<br />
seven were for money due, five for the return of Parker, Gilbert<br />
3 3 0<br />
MSS., and the others for the rendering of accounts, Pinero, A. W..<br />
5 5 0<br />
and various smaller matters. The Society has Pollock, Sir F..<br />
during the said period obtained two judgments, Rose, Edward .<br />
which are still unsatisfied, against a magazine, Scoones, W. Baptiste .<br />
and a judgment on an account stated against a Sims, George R..<br />
. . . . . () ()<br />
publisher.<br />
Sprigge, s. S. . .<br />
20<br />
All the matters reported in January have been Stevenson. J. J.<br />
220<br />
settled with the exception of two minor cases Ward, Mrs. Humphry<br />
5 0 0<br />
which are in the course of settlement and of no<br />
great import. Of the nineteen entered into<br />
Total £141 1 0<br />
since the last statement, eight have been already<br />
satisfactorily concluded.<br />
Donations from Jembers anıl Others.<br />
The Committee have decided to take two actions<br />
into the County Court.<br />
. . £0 10 6<br />
Allingham, William, F.R.S.<br />
.<br />
1 1<br />
The Right Honourable the Lord Avebury, P.C.,<br />
0<br />
Ames, Percy W.<br />
. 1 1<br />
who, as previously stated, consented to take the<br />
0<br />
Anonymous<br />
1 1 0<br />
chair of the Nobel Prize Committee, has been<br />
Anonymous<br />
0 6<br />
elected a Member of the Council of the Society.<br />
Anonymous<br />
. . . . . 1 1 0<br />
Anonymous<br />
0 5 0<br />
Anonymous<br />
. ( 3 6<br />
Besant Memorial.<br />
Anonymous<br />
. ( 26<br />
Donations from Members of the Council. Anonymous<br />
1 1 0<br />
Anonymous. .<br />
0 5 0<br />
Meredith, George, President of the<br />
“ Aunt Cherry”.<br />
1 1 0<br />
Society<br />
. £10 0 0 Baker, James ..<br />
1 1 0<br />
Avebury, The Right Hon.the Lord, P.C. 1 1 0 Beeby, Rev. C. E.<br />
. 1 1 0<br />
à Beckett, A. W. . . . . 1 1 0 Bell, Mackenzie.<br />
1 1 0<br />
Barrie, J. M. . . . . . 5 5 0 Bentwich, Herbert<br />
1 1 0<br />
Bateman, Robert . . . . 5 0 0 Boevey, Miss Crawley. . . . ( 10 ()<br />
Beddard, F. E. . . . . . . ( 0) Bond, R. Warwick<br />
0 10 6<br />
Bonney, Rev. T. G. . . . . 220. Brodrick, The Hon. Mrs. . . . 1 1 0<br />
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Carey, Miss R. N. ..<br />
Carr, Rev. A. .<br />
Church, Professor A.<br />
Clarke, Cecil .<br />
Clericus<br />
Clifford, Mrs. W. K. .<br />
Collins, F. Howard ..<br />
Cook, C. H. .<br />
Cordeaux, Miss K. M.<br />
Cox, Miss M. Roalfe .<br />
Croker, Mrs. B. M. .<br />
Crouch, A. P. . .<br />
Dale, Miss Nellie .<br />
Davey, Mrs. E. M. .<br />
de Crespigny, Mrs. .<br />
Dixie, Lady Florence.<br />
Doudney, Miss Sarah .<br />
Duwsett, C. F. .<br />
E. .<br />
E. B. .<br />
“ Edna Lyall”<br />
Ellis, Walter<br />
E, S. B. .<br />
Evans, Miss<br />
F. B. D. .<br />
Fenton, Ferrar.<br />
Garnier, R. M. .<br />
Garvice, Charles.<br />
Gibbs, Miss E. A.<br />
Gill, Miss M. .<br />
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Gowing, Mrs. Aylmer.<br />
Graham, James M.<br />
Grahame, Kenneth .<br />
Gray, Maxwell.<br />
Gray, Miss Annabel .<br />
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Harraden, Miss Beatrice<br />
Harries, Miss Maud.<br />
Harries, Miss Anita . .<br />
Hellier, H. G. . .<br />
Henderson, Miss Florence .<br />
Hodgson, Shadworth H.<br />
Hoey, Mrs. Cashel .<br />
Hollins, Miss Dorothy<br />
Holmes, Miss Eleanor<br />
Honneywill, W. Keppel<br />
el .<br />
Hornung, E. W.<br />
Hutchinson, Rev. H. N. .<br />
Hyne, C. J. Cutcliffe. .<br />
. £1 1 0 1. J. A. .<br />
£0 2 6<br />
: 0) 5 0 Infelix .<br />
5 0<br />
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6. B. . . . . . . 1 1 0<br />
1 10. Jacobs, W. W.<br />
. 1 1 0<br />
-Blake, Miss Sophia, M.D. . . i I 0)<br />
1 1 0. Johnson, V. E. . .<br />
0 5 0. Kelly, C. A. .<br />
2 2 0<br />
1 1 0 Kersey, W. H. .<br />
. 0 5 0)<br />
• 2 2 0 Lefroy, Mrs. C. P. .<br />
1 1 0<br />
1 1 0 Lowndes, Mrs. Belloc.<br />
1 1 0<br />
. 0 10 6 Maartens, Maarten .<br />
1 1 (1)<br />
0 10 0 Marks, Mrs. Mary<br />
( 10 6<br />
1 1 0 McBride, Captain E. E.<br />
. 1 1 0<br />
0 10 6 McKinny, S. B. G. .<br />
1 1 0<br />
: 0 10 6 Miller, Miss E. T. .<br />
( 5 0<br />
. 1 1 O. Moncrieff, A. R. Hope<br />
. 1 0 0<br />
( 10 ) Nixou, J. E.<br />
. 1 0 0<br />
. ( ō 0 Nunn, J. J. W..<br />
. () 5 0<br />
1 1 0 P.<br />
. () 26<br />
. 1 1 0 Parker, Miss Nella .<br />
: 0 10 0<br />
. 0 10 0 Parr, Mrs. Louisa .<br />
0 0<br />
: 2 2 0 Pengelley, Miss Hester<br />
. ( 10 €<br />
. 1 1 0 Penny, Mrs. Frank .<br />
. 1 1 0<br />
. 110. Perks, Miss Lily<br />
. ( 10 0<br />
0 5 0 Polkinghorne, Miss Ruby<br />
: () 10 6 Pollock, Miss E.<br />
1 1 0<br />
10 0 Pool, Miss M. A.<br />
. . . . () 5 0<br />
5 0 Porritt, Norman .<br />
0 5 0 Prichard, Hesketh<br />
1 1 0<br />
110 Reid, Sir Hugh Gilzean. LL.D. ..<br />
1 1 0<br />
() 10 0 Riddell, Mrs. J. H. . . .<br />
1 1 0<br />
1 1 0 Roberts, Morley . .<br />
1 1 0<br />
. () 10 6 Rossetti, W. M. .<br />
( 5 (0)<br />
. 1 1 0 Russell, Sir W. H.<br />
1 1 0<br />
1 1 0 Saxby, Miss E. M. A. F. .<br />
. 1 1 (0)<br />
0) 100 Shaw, Commander the Hon. H. N.<br />
· 0 10 0<br />
1 1 0 Sherwood, Mrs. .<br />
0 10 6<br />
220) Smith, H. W. .<br />
( 10 0<br />
: 0 5 0 Spencer, Herbert ..<br />
2 2 0<br />
1 1 0 Spielmann, M. H. ..<br />
220<br />
1 1 0 Spiers, Victor<br />
( 10<br />
1 1 0. Stanton, Miss H. M. E. . . . 1 1 0<br />
0 10 0 Street, G. S. .<br />
. 1 1 0<br />
. 1 1 0 Stretton, Miss Hesba.<br />
220<br />
1 1 0 Swynnerton, Rev. C. .<br />
0 10 0<br />
1 1 0 Thring, the Rev. Prebendary Godfrey. 1 0 0<br />
() 3 ( Todd, Miss Margaret .<br />
1 1 0<br />
0 % 0 Toplis, Miss Grace .<br />
() 26<br />
0 10 6 Toynbee, William ..<br />
1 1 0<br />
0) 5 0 Tozer, Basil .<br />
0 10 0<br />
. 1 1 0 Twycross, Miss Minna<br />
0 0<br />
. 1 1 0 Voysey, Rev. Charles .<br />
0 5 0<br />
1 0 0 Walker, Sydney F. .<br />
0 10 0<br />
0 10 0 Warren, Lieut.-General Sir Charles,<br />
. 1 1 0 G.C.M.G. . . . . .<br />
. 2 20. Watt, A. P. & Son .<br />
26 5 0<br />
. ( 10 6 Westall, William .<br />
. 1 1 0<br />
. 5 0 Weyman, Stanley J. .<br />
. ? 20<br />
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## p. 136 (#536) ############################################<br />
<br />
136<br />
THE AUTHOR.<br />
Wheelwright, Miss E.<br />
. £0 10 0 before every important college in the States. His<br />
Whitby, Mrs. J. E. .<br />
: 0 10 0 talks were always on historical themes, and to<br />
Wilkins, W. H. .<br />
• 1 1 0 academic audiences.<br />
Wilson, Miss Aphra.<br />
An article by a Member of our Society is appear-<br />
Woods, Miss M. A. . . .<br />
ing in the current number of the Nineteenth century,<br />
Workman, James .<br />
. 1 1 0 analysi<br />
analysing the popular game of Bridge, and show-<br />
W. P. K. .<br />
.. ( 10 0 ing it in a new light as a game with unscientific<br />
Zangwill, I.<br />
. 1 1 0 foundations. It reproaches society for bringing a<br />
slur upon the nation. Why throw over the renowned<br />
Total £147 80 and world-widely played national game of whist for<br />
Council Donations<br />
141 1 0 an untested pastime?<br />
“ The Chemistry of Paints and Painting," by<br />
Total (Feb. 22nd)<br />
Professor A. H. Church, is now in its third edition,<br />
revised and enlarged (68., Seeley & Co.). As<br />
Professor of Chemistry in the Royal Academy of<br />
Arts, London, Dr. Church writes with authority.<br />
It is a valuable manual by an expert. There is no<br />
BOOK AND PLAY TALK,<br />
book in English on the same lines, and it adequately<br />
meets a felt want.<br />
The International Society of Comparative Juris-<br />
(R. ALFRED AUSTIN'S new volume<br />
prudence and Public Economy, which has its head-<br />
quarters at Berlin, but which boasts a distinguished<br />
1 bearing the title, “A Tale of True Love,<br />
membership throughout the civilised world, has<br />
and other Poems,” is to be published at<br />
just undertaken a work of great importance. It<br />
Easter by Messrs. Macmillan. It is dedicated, in a<br />
proposes to issue a series of volumes containing the<br />
sonnet, to the memory of Robert Louis Stevenson.<br />
Private Law of the different civilised communities<br />
Her Majesty the Queen has accepted a copy of of the world, drawn up, so far as circumstances<br />
Part I. of the “Songs of a Child," by Darling. permit, on the model of the German Imperial Civil<br />
Part II. is in the hands of the publishers (Leaden- Code of 1900. The place of honour in the series<br />
hall Press), and will appear in due course. As has been allotted to the English volume, the editor-<br />
most people know, “ Darling” stands for Lady ship of which has been entrusted to Mr. Edward<br />
Florence Douglas, now Lady Florence Dixie. Jenks, with whom a number of distinguished jurists<br />
will collaborate. It is hoped that this volume<br />
There is a long poem entitled “Esterelle ; or,<br />
or, will appear before the close of 1903.<br />
The Lure Witch of the Alpine Glen.” The poem<br />
of some eighty-six verses called “Waifs and Strays;<br />
George Paston's new book, “ Little Memoirs of<br />
or, The Wanderings of a Bohemian Abroad,” was<br />
the Nineteenth Century," is to be published about<br />
written while wandering in the footsteps of an<br />
Easter by Mr. Grant Richards. Its price will be<br />
elder brother, who had passed through the scenes<br />
10s. 611., and it is a companion volume to this<br />
described by the writer, previous to his death on<br />
author's “Little Memoirs of the Eighteenth Cen-<br />
the Matterhorn. The three “In Memoriam” verses<br />
tury,” which scored a deserved success, for the<br />
on this brother, Lord Francis Douglas, have the<br />
Memoirs were very well written, and were compiled<br />
ring of true poetry.<br />
with scholarly care.<br />
The Berlin correspondent of the New York<br />
The subjects of these “ Little Memoirs of the<br />
Nineteenth century's are: B. R. Haydon. the<br />
Times recently telegraphed to that journal that<br />
hat artist ; Lady Morgan; N. P. Willis, the American<br />
artist : Lady<br />
Prince Henry of Prussia, acting presumably on the author of is Pencilings by the Way”: Lady<br />
advice of Ambassador White, was engaged in Hester Stanhope : William and Mary Howitt; and<br />
studying Mr. James Bryce's “ American Common Prince Püchler Muskau who wrote a 6 Tour in<br />
wealth,” and Mr. J. F. Muirhead's “Land of<br />
England and Ireland,” published in 1831.<br />
Eng<br />
Contrasts,” preparatory to his visit to the United<br />
States. The latter volume is about to appear in<br />
George Paston has chosen minor celebrities<br />
a new edition, with the amended title of “ America:<br />
whose stories seemed to illustrate the social life-<br />
the Land of Contrasts.” Mr. John Lane is the<br />
more especially the literary and artistic social life<br />
publisher.<br />
-of the first half of the century. Besides a<br />
charming book on Mrs. Delaney, George Paston has<br />
Mr. Poulteney Bigelow has just returned from a published half-a-dozen good novels. Of these “ A<br />
lecturing tour in America, where he has lectured Writer of Books " was the last and the strongest.<br />
<br />
<br />
## p. 137 (#537) ############################################<br />
<br />
THE AUTHOR.<br />
137<br />
e<br />
n orkabire me publish it very soon Industrious<br />
In his “ Anticipations" (Chapman and Hall) Mr. The same firm will publish about Easter a new<br />
H. G. Wells has something to say about authors and book by Mr. Robert Barr, entitled “A Royal<br />
publishers. After declaring that there is neither Tramp.” The Tramp in question is James V. of<br />
honour nor reward—not even food or shelter—for Scotland. There are to be a dozen illustrations by<br />
the American or Englishman who devotes a year E. J. Sullivan. Price 6s.<br />
or so of his life to the adequate treatment of any Yorkshire in the early years of the nineteenth<br />
spacious question, he goes on to say :-<br />
century is the scene of Mr. Halliwell Sutcliffe's<br />
“ The production of books in English, except the author forthcoming novel. There is a good deal about<br />
be a wealthy amateur, rests finally upon the publishers, the Yorkshire wool-combers in the story. Mr.<br />
and publishers to-day stand a little lower than ordinary<br />
• tradesmen in not caring at all whether the books they seil Fisher Unwin will publish it very soon.<br />
are good or bad. Unusual books, they allege-and all good Mr. S. Squire Sprigge's “ An Industrious<br />
books are unusual—are · difficult to handle,' and the author<br />
author<br />
Chevalieru isto<br />
Chevalier" is to appear about Easter. In some<br />
must pay the fine, amounting, more often than not, to the<br />
greater portion of his interest in the book. There is no<br />
twelve episodes the author relates the knavish<br />
criticism to control the advertising enterprises of publishers career of the hero, who is a smart rascal. Messrs.<br />
and authors. A bastard criticism, written in many cases by Chatto and Windus are the publishers. Price 6s.<br />
publishers' employees-a criticism having a very direct<br />
relation to the advertisement columns-distributes praise<br />
Sir Walter Besant's “ The Art of Fiction” is<br />
and blame in the periodic Press."<br />
being issued by the same firm. It is the lecture<br />
Mr. Wells declares that the New Republic will<br />
delivered before the Royal Institution in 1884. It<br />
sustain its authors.<br />
was printed as a pamphlet. Now it appears in an<br />
attractive cloth binding at 1s. nett.<br />
** In the past the author lived within the limits of his<br />
patron's susceptibility, and led the world, so far as he did There is a long novel by E. Nesbit, called “ The<br />
lead it, from that cage. In the present he lives within the Red House," running serially in Harper's Bazaar.<br />
limits of a particularly distressful and ill-managed market.<br />
... To write one's best is surely sufficient work for a<br />
There is also a serial story for children by this<br />
man ; but unless the author is prepared to add to his prolific writer appearing in the Strand Magazine,<br />
literary toil the correspondence and alert activity of a A new volume of her poems is in preparation.<br />
business man, he may find that no measure of acceptance<br />
will save him from a mysterious poverty."<br />
Miss Iza Duffus Hardy's new novel, “ Man,<br />
Mr. Wells further declares that the men of the<br />
Woman and Fate," is to be published some time in<br />
April by Messrs. Chatto and Windus. Price 6s.<br />
• New Republic will endeavour to shape great<br />
publishing trusts and associations<br />
Madame Bell Ranske's book, “Health, Speech,<br />
and Song,” is illustrated by herself. It is published<br />
** That will have the same relation to the publishing<br />
office of to-day that a medical association has to a patent by Messrs. Swan, Sonnenschein & Co.<br />
medicine dealer. They will not only publish, but sell;<br />
Mr. E. F. Benson's novel, “Scarlet Hyssop,”<br />
M F F Benson's novel "Snorlet Hysson »<br />
their efficient book shops, their efficient system of book-<br />
distribution will replace the present haphazard dealings of is a study of modern society. Mr. Heinemann is<br />
quite illiterate persons under whose shadow people in the its publisher.<br />
provinces live.”<br />
Mr. William Le Queux's latest novel is full of<br />
“ Tom Genuflex ; or, Life's Little Day,” is the mystery and adventure. It is called “ The Under<br />
title of a story by Aunt Cherry. Tom Genuflex is Secretary.” This entertaining author appeals to<br />
a very Ritualistic curate. Though vowed to an increasing public. Messrs. Hutchinson & Co.<br />
celibacy, he longs to make the fascinating-and are the publishers.<br />
unscrupulous-Desirée his wife. She amuses her- «The Golf Lunatic." by Mrs. Edward Kennard.<br />
self with him, throws him over, and marries a rich<br />
is published by the same firm. The story of the<br />
man. The end of the story readers must find out<br />
golf lunatic is told-very well told—by his wife,<br />
for themselves.<br />
who develops a cycling craze. This popular<br />
“Mamie ; or, When Daddy Comes Home,” is a authoress has done nothing better.<br />
pretty little tale by the same writer. These stories, In a little autobiography which appeared in a<br />
as well as “ Lyrics Low and Loud of Love and<br />
and recent issue of J.A.P., “Rita," who is a prominent<br />
Lamentation," can be obtained from the authoress<br />
member of the Society, says, “ This year of grace,<br />
at Llwyn-y-brain, Whitland, South Wales.<br />
1902, I despatched my fiftieth messenger to a<br />
Mr. Jerome K. Jerome's novel, “Paul Kelver," public that has been very kind to me.” Fifty<br />
is now running, appropriately enough, in that books is indeed no mean record. “Rita” says :-<br />
bright little weekly, To-Day.<br />
“My adored Charles Dickens died soon after I came to<br />
“ Bar, Stage, and Platform " is a volume of England ; but I had the pleasure of the acquaintanceship<br />
autobiographic memories, by Mr. Herman Meri-<br />
of his son, and did a great deal of work for him for All the<br />
Year Round and lIousehold Words. Indeed, when the<br />
vale, which Messrs. Chatto and Windus will publish<br />
latter periodical was resurrected after many years, I was<br />
shortly. The price is to be 128.<br />
requested by Mr. Dickens to write the opening serial.”<br />
<br />
<br />
## p. 138 (#538) ############################################<br />
<br />
138<br />
THE AUTHOR.<br />
“ Dame Durden,” “ Darby and Joan,” “My Then there is Mr. Henry Norman's “Real<br />
Lord Conceit,” and many of her earlier novels Japan”; Mr. B. H. Chamberlain's “Things<br />
appeared in the columns of Householl Words. Of Japanese”; Mr. W. G. Aston's “History of<br />
“Rita's "later novels, perhaps “ Peg the Rake" has Japanese Literature”; and, last, but by no means<br />
been one of the most successful. It ran into least, there are Mr. Lafcadio Hearne's books.<br />
edition after edition. But a new novel from Rita They make delightful reading.<br />
is always warmly welcomed by her faithful public. The author of "Indian Nights Entertainments,"<br />
The first edition of Dr. Panter's poem, “Gran- a book which attracted a good deal of attention<br />
uaille,” published by Messrs. Jarrold and Sons, some years ago, is about to publish a similar<br />
being nearly exhausted, a second edition will collection of Indian tales under the same title.<br />
shortly appear.<br />
“No Place for Her" is the title of a novel just<br />
In important book just out is “ The Scenery of<br />
published by Miss J. S. Wolff, author of “ Stories<br />
from the Lives of Saints and Martyrs of the<br />
England and the Causes to which it is Due,” by<br />
Church,” “ Les Françaisen Ménage,” “Les Français<br />
the Right Hon. Lord Avebury, F.R.S., D.C.L., Sc.<br />
(Macmillan & Co., 15s. nett). It is admirably en voyage, &c. 38. 6d.<br />
illustrated.<br />
The “Henry Arthur Jones Birthday Book " is<br />
to be issued shortly by Anthony Treherne & Co.<br />
In this delightful book, at once fascinating and<br />
It has been arranged by Mr. Sidney Dark, author<br />
I has been a<br />
thorough, Lord Avebury deals with the scenery of<br />
of “Stage Silhouettes.” Mr. Jones's many ad-<br />
England much as he dealt with the scenery of<br />
the scenery mirers will welcome this collection of wise and<br />
Switzerland. This latter was published in 1896,<br />
890, witty extracts from his dramas.<br />
and met with an encouraging success.<br />
Mr. Jones has written two fresh plays. One of<br />
Mrs. H. E. Hamilton-King, author of “The them is to be produced at the Duke of York's<br />
Disciples," is about to publish, through Mr. Grant Theatre very soon. It is a comedy of intrigue in<br />
Richards, a new volume of verse entitled “The four acts. Miss Irene Vanbrugh is to take the<br />
Hours of the Passion, and other Poems.”<br />
part of the leading lady.<br />
Considerable interest attaches to the publication, Miss Lena Ashwell, who made such a favorable<br />
by Mr. Heinemann, of the English translation of impression in “Mr. Dane's Defence,” will almost<br />
the Latin text of the “ Trial and Rehabilitation of certainly have a strong part in Mr. Jones's second<br />
Jeanne d'Arc.” This was translated into French play, which is a serious study of modern life.<br />
by Guicheral, in the forties, for one of the French Mr. William Gillette's successful season with<br />
learned societies; but it has never before been done “Sherlock Holmes ” will terminate on Saturday,<br />
into English.<br />
April 12th.<br />
It is probably the only instance of a complete “Mice and Men,” at the Lyric, is proving such<br />
biographical record of the greatest historical im- an unqualified success that Mr. Forbes Robertson<br />
portance being taken down by evidence on oath, will extend his season until the middle of August.<br />
The depositions cover the whole pathetic story of Miss Gertrude Elliott is a charming and truly<br />
the childhood of the Maid, her military career as delightful Peggy.<br />
commander-in-chief of the French armies, her Mr. Anthony Hope's witty and satirical comedy.<br />
capture, imprisonment, and death at the stake, as<br />
the stake, is “ Pilkerton's Peerage,” at the Garrick is drawing<br />
« Pilkerton's<br />
described by eye-witnesses.<br />
smart audiences. Mr. Sam Sothern, third son of<br />
In view of the Anglo-Japanese Treaty, Mr. famous Dundreary Sothern, plays --- and plays<br />
Archibald R. Colquhoun's book, “ The Mastery of admirably—the part of Herbert V. Bascom, M.P.<br />
the Pacific,” which has just been published by Mr. Mr. George Alexander will produce Mr. Stephen<br />
Heinemann, has a special interest. Mr. Colquhoun Phillips's " Paolo and Francesca " at the St.<br />
is one of the first living authorities on the Far James's Theatre on March 6th. “ Ulysses" is<br />
East. He has lately visited the principal islands doing well at Her Majesty's Theatre.<br />
of the Pacific, around which he believes the great<br />
It seems that over 6,000 copies of the English<br />
conflicts of the twentieth century will be waged.<br />
edition of “ Ulysses ” have already been sold, while<br />
The numerous illustrations are from specially taken<br />
some 70,000 of Mr. Phillips's other books have<br />
photographs.<br />
been sold since the end of 1897.<br />
A book worth re-reading in the light of recent<br />
events is Mr. J. Stafford Ransome's “ Japan in<br />
Transition ” (Harper's). The chapter on Japan<br />
as an ally is particularly to the point.<br />
<br />
<br />
## p. 139 (#539) ############################################<br />
<br />
THE AUTHOR.<br />
139<br />
1<br />
By a careful arrangement the liability of the<br />
LITERARY, DRAMATIC, AND MUSICAL<br />
contracts he has entered into is, when possible,<br />
PROPERTY.<br />
transferred to the company, and the magazine<br />
proceeds on its precarious journey.<br />
The magazine, run on parsimonious lines, fades<br />
away, and in due course the capital of the company<br />
Some Magazines, their Life Story.<br />
runs short. Straightway those who are “in the<br />
know” issue debentures securing their own debts,<br />
M HREE or four years ago, owing to the and perhaps obtaining a little more capital to<br />
disastrous way in which some magazines had carry on the concern. During the whole of this<br />
been managed, and the subsequent pro- period the magazine is generally run on cheap<br />
ceedings taken in bankruptcy against them, the lines so far as the mass of the writers are concerned,<br />
Committee of the Authors' Society decided to although one or two well-known authors contribute<br />
draft a small Bill by which contributors should on an advantageous contract, the financial side of<br />
rank as preferential creditors.<br />
which the proprietary takes good care to meet.<br />
Such a Bill was accordingly drafted by Counsel, The supply of capital then comes to an end,<br />
on the instructions of the Committee, but when it and still there are many contracts which have been<br />
came to bringing forward the question in entered into by the editor on behalf of the company<br />
Parliament considerable difficulty was experienced. which are binding at law, and from which the<br />
One Member thought the matter of too small contributors cannot retire.<br />
consequence (it was evident that he was not The crash at last comes. An enraged contributor<br />
a contributor to the magazines himself). Another or printer obtains judgment, issues execution, and<br />
thought that contributors should look after them- is at once met by the representative of the land-<br />
selves, so far as the solvency of magazines was lord or the receiver of the debenture holders ; the<br />
concerned. Another thought that the Government latter is often placed in possession, and continues<br />
would be unwilling to increase the number of to run the magazine for the benefit of those he<br />
preferential creditors. At last the Committee represents. From the point of view of the<br />
obtained a Member bold enough to support the public and the outside contributor, it still<br />
measure in the House of Commons, but, owing appears that the paper is going on a prosperous<br />
to the fact that no opportunity arose, the Bill had course. Only those unfortunates who have been<br />
to be laid aside.<br />
trapped are aware of the difficulties of the<br />
During the last year or so the difficulties arising position, and finally one of them sums up courage,<br />
consequent upon the bankruptcy of magazines realises at last that the case is hopeless, and throws<br />
have again brought this question strongly forward, the company into liquidation. A liquidator is<br />
and it is necessary again to lay before the Members appointed, and in due course the Court orders the<br />
what has already appeared in the pages of The compulsory sale of the assets. Then comes the<br />
Author, namely, the modus vivendi that some opportunity of the individual who first started the<br />
magazines adopt, deceiving the public, deceiving magazine. He obtains a little more capital —<br />
the contributors, while they supply a precarious perhaps he has a little himself—and purchases the<br />
living for the editor and a few of those who are whole assets of the company at a very low figure,<br />
in the inner ring.<br />
and continues to keep the magazine on the market,<br />
A magazine may be started in the first instance and is ready once more to run through the cycle of<br />
hy an individual with a small capital, who advertises quick changes.<br />
largely for MSS. or obtains them by personal As it is often the case that the company is<br />
connection. He then proceeds to sink the balance registered under an entirely different name to the<br />
of his capital in advertisements. The magazine is magazine, it is very nearly impossible for those<br />
run for a period of five or six months, and many outside to know the difficulties and dangers<br />
contracts are entered into by the acceptance of through which it has passed, and a further batch<br />
the "copy" sent in. The capital of the individual of contributors fall victims.<br />
then begins to run short, but he has obtained a During all these vicissitudes the editor has<br />
marketable commodity by the publication of the obtained a precarious though perhaps unsatis-<br />
magazine for the few months, and by the contracts factory living. He is a preferential creditor who<br />
that he holds with the many contributors. He can also guard himself by his knowledge of the<br />
then looks round for someone with capital whio internal affairs of the company. He in most cases<br />
is interested in literary productions, and forms a does so. He is also a debenture holder.<br />
limited liability company, dealing out shares to Though ail bankrupt magazines, we are glad to<br />
the provider of the necessary, and appointing say, are not run on such an iniquitous basis as that<br />
himself as editor.<br />
put forward, yet the dangers and difficulties in one<br />
<br />
<br />
## p. 140 (#540) ############################################<br />
<br />
140<br />
THE AUTHOR.<br />
form or another are constantly occurring, to the<br />
detriment of those Members of the Authors' Society<br />
who live by their contributions.<br />
It must again be clearly understood that<br />
Members cannot be too careful with what<br />
magazines they deal, and must be always prepared<br />
to demand prompt payment from those who are<br />
not absolutely trustworthy. Very often when<br />
the matter has been put into the Secretary's<br />
hands at once, payment has been secured before<br />
the final crash, and as a general rule, the Secretary<br />
is cognisant of their financial position.<br />
It would be to the advantage of all parties if<br />
such a Bill as the Society prepared could pass<br />
into law. Another clause, however, which ought<br />
to be incorporated, would be to the effect that<br />
as soon as a magazine becomes bankrupt, it should<br />
be unlawful to continue to run that magazine<br />
with the same name, with the same binding,<br />
and generally the same format.<br />
As, however, it appears to be impossible to get<br />
even moderately reasonable legislation along these<br />
lines, the only resource left is to strongly advise<br />
authors that they cannot be too careful with what<br />
magazines they deal, and to see that their contracts<br />
are clear and their payments prompt.<br />
G. H. T.<br />
pocket in the case of the individual book, yet, in<br />
the long run, is bound to damage both his pocket<br />
and his reputation.<br />
Publishers collect a series of sets of 68. books,<br />
twenty-five in each set—and offer them to the<br />
trade at 1s. each, provided that the bookseller buys<br />
the whole set as selected by the publisher.<br />
In each set there is, of course, a bait to trap the<br />
unwary-say, a second-class novel by a first-class<br />
writer.<br />
From the publisher's point of view this method<br />
was for a time successful; but the better-class<br />
bookseller found that he was saddled with twenty<br />
worthless books for every twenty-five he purchased,<br />
and, in addition, had a strong objection to seeing<br />
the second-class novel by the first-class writer sell-<br />
ing at another shop for 1s. 9d. when he was trying<br />
to sell the same book for 4s. 6d. The publishers<br />
stoutly refused to call this a remainder sale.<br />
The author's side of the question is very serious.<br />
True, he is paid his full royalty, but it is no satis-<br />
faction to receive a loaf of bread to-day, when you<br />
see the loaf of bread which is yours for tomorrow<br />
deliberately destroyed.<br />
For the result may be that the public will not<br />
buy to-day the print that may drop into its mouth<br />
to-morrow,<br />
In addition, the public may easily be persuaded<br />
of the worthlessness of an author's writings if it<br />
sees them sold within a short time from publica-<br />
tion at what must necessarily appear to be remainder<br />
prices.<br />
Authors, therefore, must be careful of their<br />
agreements, and must look to it that their books<br />
are not remaindered at the arbitrary will of the<br />
publisher when and where he likes.<br />
Remainder Sales.<br />
THE question of remainders is a serious one for<br />
all authors. Many times has it been pointed out<br />
in these pages that publishers are men of business,<br />
although there may be still one or two left who<br />
like to strut about in the garb of philanthropists.<br />
But the cloak does not deceive. Snatch it away,<br />
and they are as like their fellows as peas in a pod<br />
-yes, men of business.<br />
It is certain, therefore, that the author must<br />
protect himself or go to the wall. As in other<br />
points, so with regard to remainder sales.<br />
Publishers with full lists, as soon as they have<br />
sold a sufficient number of copies of one season's<br />
books to cover their outlay and bring in their per<br />
centage, desire to clear their shelves of stock, and<br />
prepare for a fresh output.<br />
It is essential, therefore, to give a book a fair<br />
chance-which in many cases it does not get—that<br />
a clause should be inserted in the agreement by<br />
which no remainder sales should be made without<br />
the consent of the author within, say, two years<br />
from the date of publication.<br />
This clause in an agreement would seem to the<br />
uninitiated to put the case clearly, and to cover<br />
all points. But there has come to our knowledge<br />
a method of selling books at reduced prices, which,<br />
though perhaps not damaging to the author's<br />
Performing Rights.<br />
As from time to time the question “how far<br />
recitations may be called dramatic,” gives rise to<br />
different disputes between author and actor, the<br />
following opinion of Counsel, taken on behalf of<br />
one of the Members of the Society, has been<br />
published.<br />
Though no doubt each particular case must be<br />
settled on its particular merits, there are certain<br />
leading cases and certain broad lines which govern<br />
legal opinion.<br />
We regret the author does not desire his name<br />
mentioned, and that therefore it will be impossible<br />
to mention the name of the book. Such a<br />
publication would be of great importance in a<br />
matter of this kind and the non-publication<br />
a serious disadvantage.<br />
Roughly, the details are as follows :-<br />
A well-known actor wrote to an author no less<br />
<br />
<br />
## p. 141 (#541) ############################################<br />
<br />
THE AUTHOR.<br />
141<br />
known, and asked him to write a poem for recita- Thus in Fuller v. The Blarkpool Winter Gardens<br />
tion. The MS. was forwarded, and the actor at Co., 1895 (2 Q. B. 429), the Court of Appeal held<br />
once commenced reciting it in public. There was that the song " Daisy Bell” was not a dramatic<br />
no question of remuneration, but the actor stated piece, overruling the Judge in the Court of first<br />
that the fame conferred by the recitation would be instance, who had decided on the strength of<br />
as high a reward as the author deserved.<br />
Russell v. Smith that the song was a dramatic<br />
However, when the poem was recited the piece.<br />
author's name was on every occasion omitted, and it is clear that the Court did not agree with<br />
he was thus deprived of the fame which had Russell v. Smith, although that case is not over-<br />
induced him to sanction the recitation.<br />
ruled in terms. If that case is no longer to be<br />
He thereupon wrote forbidding the recitation relied upon, the author's poem is not protected.<br />
for the future, but received no reply whatever. Suppose, however, that the case would be followed<br />
The work was subsequently published in serial to-day, is the author's little poem on the same<br />
and book form, and in spite of the prohibition, the footing as the song in this case ? I think not.<br />
actor continued to include it in his repertoire. The song was written with the intention that it<br />
The questions put to Counsel were as should be sung in public, and sung with a good deal<br />
follows:-<br />
of action. The author's poem, on the other hand,<br />
1. What performing rights had the author in<br />
was first published in a magazine, and then as an<br />
the recitation of his poem? (Russell v. Smith, 12<br />
illustrated book ; and it was published primarily<br />
Q. B. 217.)<br />
as a narrative to be read, not as a piece to be<br />
represented. According to Fuller v. The Blackpool<br />
2. If he holds any rights, does he appear to have<br />
transferred these rights to the actor ?<br />
Winter Garden Co., it is a question of fact whether<br />
3. If he has transferred any rights to the actor,<br />
a composition is dramatic or not, and the question<br />
has he any action against him for non-publication<br />
must be what was the character of the composition<br />
when first published.<br />
of his name?<br />
I do not think anyone can<br />
4. If he has not transferred any rights to the<br />
say that the character of the poem when published<br />
actor, can he obtain an injunction to restrain him<br />
was dramatic. Mr. Cutler in his little book on<br />
from reciting ?<br />
Copyright suggests a test as to whether a composi-<br />
5. Generally as to the author's position under<br />
tion is dramatic or not, which is worth applying,<br />
the Copyright Acts.<br />
but which is not supported by judicial authority.<br />
He says that where a reciter assumes a personality<br />
Counsel's opinion was as follows:-<br />
other than his own he is giving a dramatic enter-<br />
Literary compositions may as a rule be classed tainment. Hence a recitation of Tennyson's<br />
under one or the other of two heads : (1) those “Northern Farmer” would be a dramatic enter-<br />
that are purely literary; (2) those that are tainment, because for the time being the reciter is<br />
dramatic. If a writing comes under the first head, the northern farmer. But a recitation of “ Enoch<br />
I know of no legal principle available to prevent Arden” could not be such an entertainment,<br />
any person from reading or reciting the piece in because the reciter is simply telling the author's<br />
public, whether for profit or not. If it comes story for him. By this test, in my opinion, the<br />
under the second head, then protection is afforded poem referred to is not a dramatic piece. At one<br />
under the Act of 3 & 4 Wm. IV. c. 15 ; which is time readings from Dickens were common at<br />
entitled “ An Act to amend the Laws relating to entertainments all over the country. I have never<br />
Literary Property," and which renders an unauthor- seen it suggested, however, that such a reading was<br />
ised person liable to penalties for giving a representa- an infringement of any copyright, or that it was a<br />
tion of any dramatic piece. “ Dramatic piece” is dramatic entertaiument. Nor have I heard of<br />
defined by 5 & 6 Vict, c. 45, s. 2, to mean “every any attempt to restrain anyone from reading in<br />
tragedy, comedy, play, opera, farce, or other scenic public copyright prose or verse which was published<br />
musical or dramatic entertainment.” In deciding with no expressed or implied intimation that it<br />
whether any particular piece comes within the was intended to be represented dramatically.<br />
protection of the first-mentioned Act, the diffi It must be remembered further that the law<br />
culty of course arises with the pieces which are will not interfere to prevent a dramatic representa-<br />
near the border line. In Russell v. Smith (12 tion of the story contained in a copyright novel.<br />
Q. B. 217) it was held that a certain song sung by On these grounds I am of opinion that the author<br />
one person with a good deal of action, but without has no performing rights in his verses, that he has<br />
costume, was a dramatic piece. It is very doubt- nothing to transfer, and that he cannot obtain an<br />
ful, however, whether the Courts will now follow injunction against the actor, or against any other<br />
this case ; it is almost certain that they will not person who chooses to read or recite his verses, for<br />
go nearly so far.<br />
profit orotherwise, with or without an announcement<br />
<br />
<br />
## p. 142 (#542) ############################################<br />
<br />
142<br />
THE AUTHOR.<br />
of the author's name. This is, in my opinion, publishing books and other writings without the<br />
the position since the poem appeared in print. Let consent of the authors or proprietors, to their very<br />
us go back, however, to the period before it great detriment and too often to the ruin of them<br />
appeared in print. The actor recited the piece and their families." I have ventured to italicise<br />
with the author's consent, and that consent was the words " and other writings" because there is a<br />
never absolutely withdrawn, but it looks as if he tendency nowadays to recognise copyright in<br />
may have a cause of action against the reciter for books--that is, in bound volumes—as something<br />
breach of contract, though the facts before me totally distinct, and worthy of a protection which<br />
are hardly full enough to enable me to express a is denied to any other writing not in a bound<br />
definite opinion on this. When the author sent volume. It is perfectly evident that though the<br />
his poem in MS., did he expect to be paid for it? Act was avowedly" for the encouragement of<br />
If so, did he forego his right to payment in con- learned men to compose and write useful books,"<br />
sideration of the fame he hoped for from the reci- the word “books " was used to cover all literary<br />
tation of his verses by so well known an actor, matter, the penalty was fixed per sheet, and what-<br />
and was the actor's letter an undertaking on his ever was registered at the Stationers' Company<br />
part to try and bring that fame?<br />
was a book.<br />
If these questions are answered in the affirma. But in the days when that Act was passed there<br />
tive, the author appears to have a cause of action was the same opposition to this protection of books<br />
against the actor for breach of his contract, as the as there is now to the protection of books not in<br />
suppression of his name was certainly a breach of volume. In 1735 “The Whole Duty of Man," in<br />
that undertaking. I cannot suggest any other legal 1739 “Paradise Lost," in 1763 “ Thomson's<br />
step which can be taken with any prospect of Seasons," all became subjects of litigation, and no<br />
success.<br />
doubt the would-be reprinters of those works<br />
HENRY W. DISNEY. urged then much the same arguments as are urged<br />
4, Elm Court.<br />
now by people who, while they would regard the<br />
republication of the most trashy novel without the<br />
consent of the author as a dishonest act, have not<br />
the smallest hesitation in habitually republishing<br />
other literary work, which may be much more<br />
NEWSPAPER COPYRIGHT_“THOU<br />
valuable, which may have cost quite as much<br />
SHALT NOT STEAL.”<br />
effort-provided only they find it in a newspaper.<br />
Those arguments are mainly three :-<br />
(1) That it has become so common a practice<br />
M HE above quotation from the Decalogue is that it is sanctified by custom.<br />
I probably familiar to a large number of (2) That, provided the origin of a stolen para-<br />
persons who, while praying weekly that graph is acknowledged, no act of dishonesty is<br />
their hearts may be “inclined to keep this law,” not committed.<br />
only make their living by daily theft but advocate (3) That it is in the public interest that news<br />
with all earnestness, and I believe with honest should be made public, and that it is against the<br />
sincerity, that as receivers and retailers of stolen public interest that it should be confined to the<br />
goods they are performing a meritorious duty to readers of a single paper.<br />
the public.<br />
The first argument is one that at different stages<br />
The Law of Copyright is the eighth command of civilisation it was possible to urge in defence<br />
ment applied to a particular class of goods. The of all theft.<br />
complicated conditions of modern life have rendered<br />
“ The good old rule, the simple plan,<br />
necessary a variety of terms to cover the different<br />
That he should take who had the power,<br />
sorts of offences which were comprised in four<br />
And he should keep who can,"<br />
words of the Decalogue. Theft, larceny, shop-<br />
lifting, piracy, misappropriation, breach of copy is not so very old; but the fact that everyone<br />
right are among the number; the last as the most stole when he could did not make theft less a<br />
recent, and as applying to a new class of property, breach of the eighth commandment, did not render<br />
is less generally understood. It is only 250 it less immoral or less illegal. The fact that theft<br />
years ago that the property in literary work was is difficult to detect or expensive to punish may<br />
acknowledged in express terms as a Common Law make it common, but cannot make it right. “You<br />
right, less than 200 years since the first Act was might as well” (to quote Mr. Justice North)"plead<br />
passed to remedy a complaint that “printers, book- the custom of Hounslow Heath.”<br />
sellers, and other persons had of late frequently Equally fallacious is the second argument. To<br />
taken the liberty of printing, reprinting, and quote the same authority : “A man cannot justify<br />
<br />
<br />
## p. 143 (#543) ############################################<br />
<br />
THE AUTHOR.<br />
143<br />
the taking of what he has no right to take by driven to contend that there can be no property<br />
stating whence he has taken it, though he mayin newsjust as it was contended, some 150 years<br />
thereby avoid the additional dishonesty of passing ago, that there could be no property in Milton's<br />
off as the product of his own labour what really is “Paradise Lost ” or in Thomson's “ Seasons."<br />
stolen from another.”<br />
To defend this position it has been found neces-<br />
Of course, if the person from whom it is taken sary to assume that news is synonymous with fact,<br />
has no objection to its being taken with such and to assert the obvious truism that there can be<br />
acknowledgment, then it is no longer a question of no copyright in a fact. I do not know whether it<br />
theft ; but if nine persons hold this view and the was argued that spring, summer, autumn, and<br />
tenth objects the property of the tenth must be winter could not be property, and that, therefore,<br />
protected.<br />
there could be no copyright in Thomson's “ Sea-<br />
The most plausible argument is the third. Let sons,” but the one argument is as good as the<br />
us see what it amounts to.<br />
other.<br />
“It is in the public interest that news should A man has the right to the protection of the law<br />
be made public.”<br />
“ in the free use, enjoyment, and disposal of all<br />
The public, we are given to understand, is his acquisitions, without any control or diminution<br />
devoured by an anxiety to read newspapers—it is save only by the laws of the land." It is imma-<br />
almost an essential to their existence that they terial whether that acquisition is of small or of<br />
should have newspapers ; everyone who provides great value-whether, that is, it has cost him much<br />
them with a newspaper is therefore helping to or little labour to acquire it-it is his, a poor<br />
supply a public want, and anyone who renders that thing perhaps, but his own. It may be a Raphael<br />
supply more difficult is a public enemy. If the or the photograph of a daub ; it may be an epic ;<br />
law of copyright is enforced, the production of it may be the mere shorthand report of a speech.<br />
newspapers will be made more difficult and more Has he honestly “ acquired” it ? " That is all. If<br />
expensive-consequently, whoever attempts to so, and he thinks his property in it worth de-<br />
enforce the law of copyright is a public enemy. fending, it must be respected.<br />
Such, I think, is a fair statement of The arguments The argument that because there is no property<br />
used. Well, bread is also an essential to human in a fact there can be no copyright in news is<br />
existence-perhaps more essential than news- analagous to saying that, if a man has picked up<br />
papers--but no one suggests that the product of in the bed of a river a piece of quartz which might<br />
the baker should therefore become public pro- have been picked up by anyone else, he has no<br />
perty. If we could rifle a baker's shop and dis- property in the gold discovered in it, which may<br />
tribute the loaves to starving families in the alleys be stolen from him with impunity. An event<br />
and garrets, we should no doubt be conferring a takes place ; it is absolutely within the right of<br />
benefit on a large number of people, to the detri- anyone who sees, or hears of, that event to report<br />
ment only of bakers. Yet no one suggests that it it. There is no copyright in the event ; there is<br />
would be right to rob the baker, because it is copyright in each report of it, whether it cost a<br />
recognised that the general principle of protection thousand pounds by telegraphy or a penny stamp<br />
of a man's property is more important and of by post-whether it was acquired by years of study<br />
greater public benefit than even the saving of a or by the mere accident of propinquity.<br />
few people from starvation.<br />
Driven from this last shelter, the objector urges<br />
Is it seriously contended that the supply of news one other argument: “Admitted that a newspaper<br />
to the public is of such vital importance that this has the right to exclusive possession of its own news,<br />
general principle must be suspended, and that the what harm is done by allowing that news to be<br />
laws of meum et tuum, which apply to every available to all the public, at all events if the<br />
other sort of property, are not to apply to the source of that news is fully acknowledged ?" And<br />
contents of newspapers ?<br />
the answer to this is the answer that may be given<br />
In parenthesis let me ask why, if this principle to the same argument applied to any other form of<br />
is to be admitted, the providers of the literary larceny. Property must be protected, because it<br />
matter should alone suffer. If the cheapening is the only way to ensure the production of that<br />
of the cost of production of a newspaper is of such property, and, the more valuable or necessary to<br />
vital importance, may I suggest that a still greater the public is that property, the more necessary is<br />
economy might be obtained by many newspaper it that in the interests of the public it should be<br />
proprietors if they stole the paper on which they protected.<br />
print the news which they steal. Yet no one of I am far from attaching the value that is gener-<br />
them — not even the Newspaper Society-would ally assigned to the publication of news, but the<br />
defend this method.<br />
whole argument against copyright in news is based<br />
Faced by this absurdity, some people have been on the assumption that it is of importance to the<br />
<br />
<br />
## p. 144 (#544) ############################################<br />
<br />
144<br />
THE AUTHOR.<br />
public. Now I suppose it will be admitted that<br />
news is only valuable in proportion to its complete-<br />
ness and accuracy, and therefore the interest of<br />
the public is to promote news of this quality.<br />
Such news can only be obtained by the employ-<br />
ment of every grade of journalist. They have to be<br />
paid, and their pay, as in every other profession,<br />
must depend upon the value of their work to their<br />
employer. If their work is not protected—if, as<br />
soon as it is printed, it may be appropriated by<br />
any other person, who has not contributed one<br />
penny to the cost of its production—the value is x.<br />
If, on the other hand, it is protected if the<br />
employer gets the exclusive use of what that man's<br />
brains, intelligence, enterprise, or industry have.<br />
produced, then the value is three, four, or five<br />
times x. Protection to the contents of a news-<br />
paper, whether it be news, reports, articles, or<br />
paragraphs, means more value to the newspaper,<br />
therefore better pay to the journalist; therefore<br />
better work and encouragement to the careful,<br />
painstaking, accurate journalist ; therefore a better<br />
service to the public, better journals, and a higher<br />
class of journalist.<br />
C. F. MOBERLY BELL.<br />
If the compositor is working on 'stab," the loss caused<br />
by diversities of practice falls of course on the employer,<br />
who is mulcted because the compositor has been accustomed<br />
to a different “use.” to adopt an ecclesiastical term. else.<br />
where. These are but two instances; a host might be<br />
quoted, but it is not necessary to do so, as cases of the<br />
kind are so well known. It is strange, by the way, that so<br />
many diversities of all kinds occur in printing. The brevier<br />
of one founder is different to that of another, although an<br />
outsider would think that the word indicated a definite<br />
body of type. In describing a forme, the gutter means one<br />
thing in one office and something else in another. Even<br />
in regard to parts of machines there is no uniformity in<br />
the use of technical terms. ...<br />
In regard, however, to orthography, a standard might,<br />
and we think ought, to be recognised. There would be<br />
immense difficulty in carrying out the idea, and for the<br />
simple fact that we have, in this country, no standard<br />
dictionary of the English language. French printers,<br />
for instance, are free from this difficulty. They bave a<br />
dictionary, recognised by the Academy as a standard of<br />
right orthography. By referring to it a printer can at<br />
once tell whether a word is rightly or wrongly spelt.<br />
There is nothing of the kind here. Here is a case in point.<br />
In ninety-nine offices out of a hundred in Great Britain<br />
the spelling is adopted, “abridgment," " acknowledgment,"<br />
“judgment," " lodgment." At Oxford if a compositor so set up<br />
his copy, he would find that he would have to put in the<br />
e of the syllable before the "-ment”: asó abridgement," etc.<br />
Mr. Horace Hart is fortified in this custom by the learned<br />
editor, Dr. J. A. H. Murray, of the “ New English Dic-<br />
tionary.” He says, “I protest strongly against the vulgar<br />
and unscholarly babit of omitting it from "abridgement,"<br />
etc., which is against all analogy, etymology, and orthoëpy,<br />
since elsewhere g is hard in English, when not followed by<br />
e or i. I think the University Press ought to set a<br />
scholarly example, instead of following the ignorant to do<br />
ill, for the sake of saving four p's." Mr. Hart adopts this<br />
in the “learned" side of bis Press; but in the Bible House<br />
the other spelling is followed, at least partially. In an<br />
Oxford Bible of the Authorised Version, again, we find<br />
“judgment"; in an Oxford Bible of the Revised Version it<br />
is “judgement." More strange still, in an Oxford Revised<br />
Version with the Concordance appended, we find the worl<br />
spelt one way in the body of the book and another way in<br />
the supplement. The Cambridge Concordance has "judge-<br />
ment”; the King's Printers' Bibles "judgment." ....<br />
The whole subject is surrounded with great, but we will<br />
not say insuperable, difficulty. Mr. Collins will have done<br />
good service, even to the humble comp, if he can do some-<br />
thing towards abolishing the anomalies now prevalent, and<br />
which waste so much of the time of the reader as well as<br />
of the compositor, besides being a source of many vexatious<br />
troubles to book-printing firms.<br />
STANDARD RULES FOR PRINTING.<br />
M<br />
H E following extracts from a long article in<br />
The British and Colonial Printer and<br />
Stationer dealing with Mr. Howard Collins'<br />
m ind<br />
article in last month's Author are of interest as<br />
showing the importance to the composilor of<br />
standard rules for printing :-<br />
Mr. Collins concludes with a most valuable suggestion,<br />
as to a rearrangement of the matter in its alphabetical<br />
form, giving a specimen of the manner in which he would<br />
have it done. This is an admirable idea, and one that we<br />
hope may be carried out.<br />
Now, this subject concerns printers as well as authors,<br />
and is one that comes directly within the range of “Our<br />
Observatory." It affects master printers, readers, and<br />
compositors. It is an always existing source of discussion,<br />
of friction, and disagreement. A compositor takes a berth<br />
in a house with a style whereof he is not acquainted. Nor<br />
can he learn it except through costly and annoying<br />
experience, for the rules are unwritten, or at any rate<br />
unprinted. If he is working on piece, he has to carry out<br />
all the marks” made by the reader at his own expense.<br />
When his proof is returned to him by that authority he<br />
will almost certainly find that a number of these marks<br />
are not those of errors that he has made-which he would<br />
not object to do in his own time—but of alterations due to<br />
peculiarities in “the style of the house." Here the hard-<br />
ship comes in. It is not a matter of what is right or<br />
wrong in the abstract, but what is usual in that particular<br />
office. It may be entirely different from that in the office<br />
in which the compositor has previously worked.<br />
PERPETUAL COPYRIGHT.<br />
W HAT question of all importance to authors<br />
1 – the duration and limitation of copyright<br />
-seems likely again to come prominently<br />
before the public.<br />
In an issue of the Morning Post there was a<br />
long article dealing with perpetual copyright which<br />
was well worthy of consideration by all those who<br />
possess copyright property. The writer, however,<br />
<br />
<br />
## p. 145 (#545) ############################################<br />
<br />
THE AUTHOR.<br />
145<br />
makes one astounding mistake. He states as reduction in taxation, the profits that arise from so<br />
follows :-<br />
valuable a property.<br />
In commencing this article it was not intended<br />
“Suppose the author dead before his book is born to its<br />
printed existence. Then the forty-two years count from to discuss the question of perpetual copyright, but<br />
the date of death, and his representatives or assignees rather to refer with interest to the opinions put<br />
benefit thereby."<br />
forward in the Morning Post by foreign writers on<br />
It is curious how a person who has studied the this subject.<br />
copyright law with evident care should have made from France it appears that those who are<br />
such an erroneous assertion, as the Act runs as members of the Société des Gens de Lettres are<br />
follows, and is particularly clear on the point : strongly in favour of perpetual copyright, but it is<br />
“And the copyright in every book which shall be curious to nnd a man with such a wide public as<br />
published after the death of its author shall endure for Pierre Loti stating that he knows nothing about<br />
the term of forty-two years from the first publication these matters, and that he has never given them<br />
thereof."<br />
any consideration. It is almost as if a farmer,<br />
The copyright runs, therefore, not from the breeding live stock for the market, stated that he<br />
date of the author's death, but from the date of did not know anything about their management, or<br />
first publication. It has been thought necessary what was the best method to be adopted to obtain<br />
to bring this point forward, not with any desire of the best results.<br />
minimising the value of the article referred to, but Monsieur Jules Le Maître's reply is almost<br />
for fear least any one reading the article should have equally vague, and Monsieur Henri de Bornier<br />
been misled.<br />
candidly confesses that he is very ill-informed re-<br />
Touching, however, the question of copyright, garding this most complicated of questions.<br />
curious ideas have been, from time to time, put Turning to some of the German opinions, we find<br />
forward.<br />
Dr. Von Wildrenbruch puts forward an opinion<br />
Granted that an author has any property in copy- which is amusing in its paradox. He says, from<br />
right, there appears to be no sound reason why the standpoint of right and justice, the property<br />
that property should not be perpetual ; but it has of an author in his work is inextinguishable.<br />
been pointed out by the Secretary of the Society in We should have thought that this standpoint<br />
certain articles that the public for many centuries was the highest it would have been possible to<br />
(owing to the fact that printing had not been in adopt, but no, he has found one higher than that<br />
vented) looked upon the author's property as its of right and justice, namely, the standpoint of the<br />
own, and dealt with it as such. From this position common weal, and from this standpoint he agrees<br />
it was very difficult to turn, but at length a copy- that the term of copyright should be limited. We<br />
right law was passed, and the tendency of all cannot but think that if the standpoint of the<br />
modern legislation has been to increase and not to common weal is not that of right and justice, the<br />
decrease the period of years confirming the rights sooner it ceases to exist the better.<br />
to the author.<br />
Prof. Kuno Fischer also puts forward an amusing<br />
The argument that there is danger to the public reason for the limitation of the term :<br />
in knowledge being withheld or sold at too high a “No writer produces of himself alone. He is<br />
price is easily refuted. The consideration of supply indebted for his productions to the spirit of the<br />
and demand has always governed the question of age, and to the people amidst whom he lives."<br />
price, and there is no book for which there has But surely no person is indebted to himself alone<br />
been a large public demand which has not been for anything. The very coat he wears, the house<br />
lowered in price in order to meet the market ré- he lives in, the food he eats are all the result of<br />
quirements. The danger of works being withheld labour of thousands of his contemporaries; but they<br />
from the public by the owners can easily be are not a wbit the less the property of the man who<br />
remedied by law. At present, there is a clause in pays for them, and the perpetual property of that<br />
the Act of 5 & 6 Victoria dealing with this point. man.<br />
The absurdity of the present position, however, is It is a curious fact, looking through the opinions<br />
readily shown by the fact that it is not the public as a whole, that many who are ignorant of the<br />
who benefit by the limitation of the term of copy- questions dealing with the property they create,<br />
right, but a limited section—the publishers—who and others who appear not to be ignorant of the<br />
make their money out of non-copyright books. If questions, are still willing to give over their pro-<br />
the argument of the property being public was perty after a limited period. The latter shows an<br />
carried to its logical conclusion, all the copyrights altruistic spirit amongst the profession of authors<br />
at their expiration should be managed by a great which is highly to be commended, but which is<br />
Governmental department, and published for the hardly practicable in this very practical age.<br />
benefit of the public, who should obtain, by a One word more. It is curious that while there<br />
<br />
<br />
## p. 146 (#546) ############################################<br />
<br />
146<br />
THE AUTHOR.<br />
are many struggling to limit in time the rights of this fact, he neglects to make a clain for pay-<br />
that belong to authors, these same people, by ment and consequently does not receive his just<br />
international treaties, are seeking to extend the due. This applies particularly to paragraph matter,<br />
same rights territorially.<br />
although I have known an equal reticence to be<br />
Why they should seek for a world-wide recog displayed on the part of the cashiers of newspapers<br />
nition of that property which they would limit in when even important articles are concerned. I<br />
time must be left as a riddle for their own solving. myself have sustained several pecuniary losses<br />
G. H. T.<br />
owing to the enforcing of this regulation. When<br />
I have mildly hinted to the editors in question<br />
that contributors should be relieved of the necessity<br />
of searching files in order to compile their claims,<br />
THE JOURNALISTIC FREE LANCE. I have usually met with a severe reproof. I notice,<br />
(BY ONE OF THEM.)<br />
however, that both the Pall Mall Gazette and the<br />
Westminster contrive to make out their contributors'<br />
accounts, and to do 80, moreover, with a com-<br />
(Continued.)<br />
mendable and inspiriting promptitude. It is the<br />
more excellent way.<br />
TOT only does the rate of payment vary Where two or three free lances are gathered<br />
considerably according to the class of together the conversation invariably veers round,<br />
periodical in which the free lance's work sooner or later, to the discussion of what-for<br />
appears, but the time that elapses before the dis- want of better term I would call the “ Ethics”<br />
bursement is made is seldom the same in any two of editing. To all members of my craft this is a<br />
papers. For example, more than three years ago I subject that is fraught with extreme importance,<br />
wrote an article for the Strand Magazine; I was for, since editors hold us in the hollows of their<br />
paid for it last week. In the spring of 1899 I had hands, it behoves us to study their ways very<br />
a story accepted by the Windsor Magazine; I have closely. As my own experience extends only over<br />
not yet received the honorarium due for it. Twelve a period of some three years, it would, perhaps, not<br />
months after it had been accepted I wrote to the be becoming of me to lay down the law with respect<br />
editor suggesting that, since life was at the best of to this. Nevertheless, I would give it as the result<br />
but a transitory nature, a cheque in settlement of of my personal investigations that, where first-<br />
my account would be welcome. In reply, I was class periodicals are concerned, the outside con-<br />
informed that the rule of the firm by which the tributor has remarkably little to complain of;<br />
magazine was owned was to pay only on publication. with regard, however, to periodicals that are not<br />
This regulation seems to be very generally in force. in the first flight, this is by no means the case.<br />
When accepted matter is printed within a reasonable Indeed, I have reluctantly come to the settled con-<br />
period of its receipt, there is no great hardship in it; clusion that there is some subtly contaminating<br />
when, however, matter is “ held over " for months influence about association in an editorial capacity<br />
and years, it is a different case altogether. Perhaps with journals that come within this latter category.<br />
I am unduly prejudiced on the subject, but I am The effects of it, indeed, even seem to sap, as it<br />
convinced that I shall be but evolving the opinion were, the moral fibre of such individuals and to<br />
of my brother free lances when I contend that divest them of the attributes of common humanity.<br />
there is no real reason why editors should not pay Now, lest this should be accounted too hard a<br />
for matter when they accept it. If I go into a saying, let me set forth some of my own experiences<br />
shop and choose a hat I am required to pay for it in connection with this matter.<br />
forth with. It is of no use my explaining that I Some little time ago I wrote an article on a<br />
propose to pay for it the first time I happen to subject of topical interest and sent it to a certain<br />
wear it.<br />
Weekly Review. As no notification of its receipt<br />
Another hardship-or at any rate, inconvenience was vouchsafed, I reluctantly concluded—after two<br />
-to which the free lance is subjected consists in months had passed that it had been summarily<br />
the common practice of requiring him to send in consigned to the waste-paper basket, and that<br />
an account before the money due to him is for another use had been found for the stamped and<br />
warded. This, of course, necessitates his keeping addressed envelope which had accompanied the<br />
a close watch upon the paper to which his work manuscript. At the end of this period, however,<br />
has been sent. After doing this for some time, I chanced to take up a copy of the paper and to<br />
without finding his contribution printed therein, sce my contribution duly published in it. To my<br />
he probably gives up looking for it. As soon as surprise, however, it appeared in the form of a<br />
he has done this, it is as likely as not that his “letter to the Editor." I waited for four weeks,<br />
article will be inserted, and, since he is ignorant and then sent in a claim for payment. In reply<br />
<br />
<br />
## p. 147 (#547) ############################################<br />
<br />
THE AUTHOR.<br />
147<br />
I received a dignified intimation that “ it was not that there had been interpolated into it a totally<br />
the practice of the Review in question to pay for unwarranted reference to the excellence of the<br />
correspondence.'” It appeared, however, to be the hats of a firm advertising on the journal's covers.<br />
practice of the paper to fill its columns gratis by The remark in question had at a certain point<br />
the simple expedient of converting articles into in the story been put into the mouth of one of<br />
this form without the sanction of their writers. my characters, in place of the one which I had<br />
It is worthy of note, however, that the “ letter to originally selected. Although I candidly admit<br />
the Editor” in which I expressed this view did that it made no material difference to the story, I<br />
not receive the honour of publication.<br />
felt, nevertheless, that a protest would not be out<br />
A second experience occurred in connection with of place. I went off to the office, accordingly, and<br />
a certain evening paper. I sent it an article which demanded to see the “editor." In reply I was<br />
was returned as “neither topical nor suitable.” shown into a room containing three young ladies,<br />
Having a different opinion on this subject, I who assured me that they shared the editorial<br />
promptly submitted it to another evening paper. functions between them. I harangued them at<br />
Here it met with immediate publication. On the some length, accordingly, on the enormity of the<br />
day after it had appeared in print, however, I offence they had committed and almost reduced<br />
found it reproduced to the extent of a column and them to tears by assuring them that to alter so<br />
a halt in the paper which had already declined it. much as a comma, without the express permission<br />
The fact that it was described as “an extract from of the author, was taking the first step in the<br />
an interesting article in a contemporary” did not path which eventually leads to the criminal dock<br />
deter me from hinting to editor number one that of the Old Bailey.<br />
if an article was sufficiently “ topical” to copy from The goal on which the free lance fixes his eyes<br />
ilnother periodical it was sufficiently “topical” to yearningly, as he plods laboriously along his path,<br />
print when originally offered to him. This view, is of course that of promotion to the staff of a<br />
however, does not seem to have met with accept- paper. When this coveted prize is his, be pro-<br />
ance ; at any rate, although six months have cecds at one bound from the receipt of an irregular<br />
passed since I expressed it, I have not been income to that of a regular one. Instead of having<br />
favoured with any reply thereto. It is when this to rack his brains to write that which shall find<br />
sort of thing happens to him that the free lance favour in editorial eyes, it is then his more<br />
sits down and writes articles on “ Editorial pleasing task to sit in judgment on the work of<br />
Hooligans.”<br />
others. Of course, he has to give up something in<br />
Another grievance under which the outside return for this—to sacrifice a good deal of his old<br />
contributor labours at times is that of having his freedom for one thing—but he does so with the<br />
work mangled-I believe the technical term is utmost willingness, for, to the chance contributor,<br />
“sub-edited”—by those through whom it passes freedom from calls upon his time is exceedingly<br />
before it is published. Of course, when the author unremunerative. Although all the editors that I<br />
18 favoured with a proof, this seldom occurs. ever came across were always loud in their com-<br />
Still, this is not invariably the case, for in an plaints about their “pressure of work" and<br />
article which I contributed to one of the monthlies “ numerous responsibilities,” they never evinced<br />
the other day I noticed with feelings of the the slightest inclination to change places with<br />
keenest anguish several wholly unauthorised myself. The fact is, their positions are not at all<br />
einendations. The peculiar hardship in connec- easy to obtain ; and, once one has been secured, its<br />
tion with this practice consists in the fact that a occupant takes excellent care not to relinquish it<br />
signed article is naturally taken by its readers to without very good reason. As to how they are<br />
be an exact expression of the writer's views. It obtained in the first place, it is very difficult for<br />
is, however--horribly ungallant though it seem to most people to discover. After having given a<br />
say so—when working for papers edited by ladies great deal of thought to the subject, however, I<br />
that I have suffered most on this account. Quite have arrived at the conclusion that the best way<br />
recently, for example, I sent a short story to a for the free-lance journalist to find his ambition<br />
periodical which I will call Our Girls. Although realised is to go to Oxford with the son of a news-<br />
I accompanied it by a stamped envelope, I was paper proprietor. At any rate, I know of several<br />
not notified of either its acceptance or rejection. instances where this course has been pursued with<br />
As I knew that the paper was edited by a lady, I the happiest results. One such case, for instance,<br />
did not expect so ordinary a courtesy to be is that of an acquaintance of mine, who is now<br />
obserred. I accordingly looked carefully through assistant editor of a well-known illustrated weekly.<br />
each number as it appeared, and in one of them This position he owes entirely to the fact that he had<br />
eventually saw my contribution published. As the forethought to be a University contemporary<br />
I glanced through it, I found to my horror- of a near relative of the paper's chief proprietor.<br />
<br />
<br />
## p. 148 (#548) ############################################<br />
<br />
148<br />
THE AUTHOR.<br />
Even with the best will in the world, however, it<br />
is not given to all of us to be able to follow this<br />
example. A second plan is to marry an editor's<br />
daughter. There is, however, a certain element<br />
of risk about this which-although I have known<br />
it to be carried out at times with immense success<br />
-makes me unable to commend it without con-<br />
siderable reservation. Difficulties, too, of putting<br />
it into practice may be caused by circumstances<br />
over which the most deserving of aspirants have<br />
no real control. For the most part, therefore,<br />
there is nothing for the free lance to do but to<br />
wait, and watch, and hope for the coming of that<br />
“tide” which in his case—as in that of any one<br />
else-will sooner or later assuredly “ lead on to<br />
fortune.”<br />
H. W.<br />
It was almost impossible, he stated, to conceive<br />
such colossal ignorance as they betrayed.<br />
The evening ended very pleasantly by Mr.<br />
Poulteney Bigelow giving a short account of his<br />
recent lecturing tour in America. He also pointed<br />
out how the American experience as colonists in<br />
the Philippines had tended to modify American<br />
feeling with regard to the Boer War and English<br />
colonisation generally.<br />
A BALLADE OF INCAPACITY.<br />
THE AUTHORS' CLUB.<br />
M HE dinners of the Authors' Club continue<br />
1 very successful. On Monday, February<br />
3rd, Mr. Max Pemberton took the chair,<br />
and Mr. A. E. W. Mason was the guest of the<br />
evening.<br />
Mr. Pemberton, in a speech proposing the health<br />
of the guest, expressed his appreciation of Mr.<br />
Mason's writings, and made some remarks with<br />
regard to the romantic side of fiction. .<br />
Mr. Mason responded and stated shortly his<br />
ideals as far as his own writings and also as far as<br />
the aims and objects of fiction writers in general<br />
ought to be concerned. Other speeches followed.<br />
Mr. Benjamin Swift, in a few very pointed remarks,<br />
refused to romantic fiction all right to the claim<br />
of being the ideal work of the fictionist. Mr<br />
Clement Shorter responded for the guests.<br />
On February 17th Dr. Conan Doyle took the<br />
chair, and Mr. Hesketh Prichard was the guest of<br />
the evening. The guest is the author of-in<br />
collaboration with his mother—the novel called<br />
“ Karadac,” and other works. He is also a<br />
traveller of considerable experience. His book,<br />
“ Where Black Rules White,” is the relation of<br />
his adventures in the Pacific. Recently he has<br />
returned from an expedition to Patagonia, and his<br />
book on the subject will be published shortly.<br />
Though in his wanderings he has not made such<br />
a discovery among mammalia as Sir Harry Johnson,<br />
ohnson,<br />
yet he has brought home the skin of a distinct<br />
variety of puma.<br />
He made an amusing speech, dealing not so<br />
much with his own experiences as with the opinions<br />
of the inhabitants of some of the countries through<br />
which he had been travelling, on the Boer War.<br />
“My lord, I cannot speak."-MACLEAN, the highway.<br />
man (on his trial).<br />
" QYILENCE is golden,” saith the saw,<br />
D And rightly is extolled ;<br />
For speech, too oft, outrides the law<br />
By waxing overbold ;<br />
Yet he, I think (of mortal mould),<br />
Most feels the need of “ cheek,''<br />
The man who can no tale unfold,<br />
The man who cannot speak!<br />
He listens with a kind of awe,<br />
And hears around him rolled<br />
The long, reverberate guffaw<br />
That greets the quicker-souled;<br />
He hears the jest, or new or old,<br />
And, speechless, eats his " leek”-<br />
Is classed as either dull or cold,<br />
The man who cannot speak /<br />
He may have “Latin in his mawe;"*<br />
He may keep down controlled<br />
Potentialities of " jaw,”<br />
Unmatched of any scold;<br />
He may have thoughts of sterling gold<br />
For each day in the week ;<br />
But he must all these things withhold,<br />
The man who cannot speak.<br />
Envoy.<br />
FRIENDS, 'tis of me the fable's told,<br />
Your sufferance I seek ;<br />
In me that shameless sight behold-<br />
The man who cannot speak.<br />
AUSTIN DOBSON.<br />
dem.-- This was written for the dinner at the<br />
Whitefriars Club in November, 1901, and given<br />
to Mr Shorter who printed it in the Sphere and<br />
the Tatler. It was recited, by request, at the<br />
dinner of the Authors' Club on January 20th.<br />
* Chaucer.<br />
<br />
<br />
## p. 149 (#549) ############################################<br />
<br />
THE AUTHOR.<br />
149<br />
GENERAL MEMORANDA.<br />
ITERE are a few standing rules to be observed in an<br />
1 agreement. There are four methods of dealing<br />
with literary property :<br />
I. Selling it Outright.<br />
This is in some respects the most satisfactory, if a proper<br />
price can be obtained. But the transaction should be<br />
managed by a competent agent, or with the advice of the<br />
Secretary of the Society.<br />
II. A Profit-Sharing Agreement (a bad form of<br />
agreement).<br />
In this case the following rules should be attended to:<br />
(1.) Not to sign any agreement in which the cost of pro-<br />
duction forms a part without the strictest investigation.<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 />
(3.) Not to allow a special charge for “office expenses,"<br />
unless the same allowance is made to the author.<br />
(4.) Not to give up American, Colonial, or Continental<br />
rights.<br />
(5.) Not to give up serial or translation rights.<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 />
III. The Royalty System.<br />
It is above all things necessary to know what the<br />
proposed royalty means to both sides. It is now possible<br />
for an author to ascertain approximately and very nearly<br />
the truth. From time to time the very important figures<br />
connected with royalties are published in The Author.<br />
Readers can also work out the figures themselves from the<br />
“ Cost of Production."<br />
IY. A Commission Agreement.<br />
The main points are :-<br />
(1.) Be careful to obtain a fair cost of production.<br />
(2.) Keep control of the advertisements.<br />
(3.) Keep control of the sale price of the book.<br />
General.<br />
All other forms of agreement are combinations of the four<br />
above mentioned.<br />
Such combinations are generally disastrous to the author.<br />
Never sign any agreement without competent advice from<br />
the Secretary of the Society.<br />
Stamp all agreements with the Inland Revenue stamp.<br />
Avoid agreements by letter if possible.<br />
The main points which the Society has always demanded<br />
from the outset are :-<br />
(1.) That both sides shall know what an agreement<br />
means.<br />
(2.) The inspection of those account books which belong<br />
to the 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 />
3. There are three forms of dramatic contract for PLAYS<br />
IN THREE OR MORE ACTS :-<br />
(a.) SALE OUTRIGHT OF THE PERFORMING RIGHT.<br />
This is unsatisfactory. An author who enters<br />
into such a contract should stipulate in the con-<br />
tract for production of the piece by a certain date<br />
and for proper publication of his name on the<br />
play-bills.<br />
(6.) SALE OF PERFORMING RIGHT OR OF A LICENCE<br />
TO PERFORM ON THE BASIS OF PERCENTAGES<br />
on gross receipts. Percentages vary between<br />
5 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 in advance of percentages. A fixed<br />
date on or before which the play should be<br />
performed.<br />
SALE OF PERFORMING RIGHT OR OF A LICENCE<br />
TO PERFORM ON THE BASIS OF ROYALTIES (i.e.,<br />
fixed nightly fees). This method should be<br />
always avoided except in cases where the fees<br />
are likely to be small or difficult to collect. The<br />
other safeguards set out under heading (6.) apply<br />
also in this case.<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 />
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 />
6. Authors should not assign performing rights, but<br />
should grant a licence to perform. The legal distinction is<br />
of great importance.<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 />
8. Never forget that AMERICAN RIGHTS may be exceed-<br />
ingly valuable. They should never be included in English<br />
agreements without the author obtaining a substantial<br />
consideration.<br />
9. Agreements for collaboration should be carefully<br />
drawn and executed before collaboration is commenced.<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 />
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 />
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 INFORMA-<br />
TION ARE REFERRED TO THE SECRETARY OF THE SOCIETY.<br />
HOW TO USE THE SOCIETY.<br />
WARNINGS TO DRAMATIC AUTHORS.<br />
N 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. It is well to be extremely careful in negotiating for<br />
the production of a play with anyone except an established<br />
manager.<br />
1. D VERY member has a right to ask for and to receive<br />
V 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. If the<br />
advice sought is such as can be given best by a solicitor,<br />
the member has a right to an opinion from the Society's<br />
solicitors. If the case is such that Counsel's opinion is<br />
desirable, the Committee will obtain for him Counsel's<br />
opinion. All this without any cost to the member.<br />
<br />
<br />
## p. 150 (#550) ############################################<br />
<br />
150<br />
THE AUTHOR.<br />
2. Remember that questions connected with copyright<br />
and publishers' agreements do not generally fall within the<br />
experience of ordinary solicitors. Therefore, do not scruple<br />
to use the Society.<br />
3. Send to the Office copies of past agreements and past<br />
accounts, with a copy of the book 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 />
4. BEFORE SIGNING ANY AGREEMENT WHATEVER, send<br />
the document to the Society for examination.<br />
Communications for The Author should be addressed to<br />
the Offices of the Society, 39, Old Queen Street, Storer's<br />
Gate, S.W., and should reach the Editor xor LATER<br />
THAN THE 21st OF EACH MONTH.<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 />
For the Opinions expressed in papers that are sumed<br />
or initialled the Authors alone are responsible.<br />
None of the papers or paragraphs must be taken<br />
as expressing the opinion of the Committee unless<br />
such is especially stated to be the case.<br />
COMMUNICATIONS AND LETTEKS 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 />
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 literature in promoting the<br />
independence of the writer.<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 />
an readiness for a possible action upon them. (3) To keep<br />
agreements. (4) To enforce payments due according to<br />
agreements.<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 submitted to them by literary<br />
agents, and are recommended to submit them for inter-<br />
pretation and explanation to the Secretary of the Society.<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 />
9. Some agents endeavour to prevent authors from<br />
referring matters to the Secretary of the Society; so do<br />
some publishers. Members can make their own deductions<br />
and act accordingly.<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 />
AUTHORITIES.<br />
THE READING BRANCH.<br />
V EMBERS will greatly assist the Society in this<br />
M branch of their 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 />
lieaders are writers of competence and experience. The<br />
fee is one guinea.<br />
M HE autobiography of Sir Walter Besant, as<br />
readers of The Author are already aware, is<br />
about to be published. We are apprised of<br />
the same fact by a paragraph in The Book Lover,<br />
which is in reality the book puff of the firm which<br />
produces the work. What is our astonishment,<br />
then, to see in that periodical the following<br />
statement :-<br />
- To the literary world Sir Walter was chiefly famous<br />
for his championship of his brother authors, though, unfor-<br />
tunately for the cause, be set about it the wrong way.<br />
mistaking particulars for generalities, and classing all<br />
publishers as rogues and the deadly enemies of authors."<br />
The italics are not ours, but the Publishers'.<br />
We are not prepared to discuss the taste of such an<br />
announcement, issuing from such a source. All<br />
lovers of our dead Founder and all who read The<br />
Author will make their own deductions. Neither<br />
are we prepared to discuss whether “he set about<br />
the championship of his brother author's in the<br />
wrong way.” The result has justified his ur-<br />
selfish and unstrerving labour. But we will not<br />
NOTICES.<br />
THE Editor of The Author begs to remind members of<br />
1 the Society that, although the paper is sent to them<br />
free of charge, the cost of producing it would be a<br />
very heavy charge on the resources of the Society if a great<br />
many members did not forward to the Secretary the modest<br />
58. 6d. subscription for the year.<br />
<br />
<br />
## p. 151 (#551) ############################################<br />
<br />
THE AUTHOR.<br />
151<br />
ibara<br />
allow those statements thrown broadcast to pass Apropos of the same subject, it is stated that<br />
unchallenged which in his lifetime he so constantly M. Sully Prudhomme, who was one of those to whom<br />
and so frequently denied, and again we must ask the Nobel Prize was granted last year, has decided<br />
for the writer's authority for such a statement that to found an annnal prize of 1,500 francs, to be<br />
he classed all publishers as rogues and the deadly awarded to some young French poet using the<br />
enemies of authors.<br />
traditional classical verse of France.<br />
The writer continues—“ But de mortuis nil nisi The Société des Gens de Lettres will act as<br />
bonum ; and no doubt he meant well.” It is arbiters in the matter, or, at any rate, make arrange-<br />
almost ludicrous if it were not sad that the hack- ments by which the amount will be awarded.<br />
neved Latin proverb should be dragged in after This is very cheering news. Perhaps some day,<br />
such a statement when the writer knew that the when Anglophobia shall have retreated into its<br />
fighting spirit who held such a virile pen was no hole like a dyspeptic dragon, an English author will<br />
longer alive to defend himself.<br />
be crowned by the Swedish Academy, and then<br />
Of “ The Pen and the Book," the same paragraph perhaps the Capital Fund of the Society, or its<br />
states : “ This was a tirade against publishers recently-started Pension Fund, will partly share<br />
which contained a good deal of rather amusing Mr. Nobel's magnificent donation.<br />
fiction."<br />
Again we say nothing about the taste of the<br />
statement, coming as it does in this particular In last month's Author there was a note in the<br />
connection, but would ask the person, whoever he “Authorities” touching the performing rights in<br />
may be, to come from the region of fiction to the musical pieces, and it was demonstrated how these<br />
dull realm of fact and kindly forward his references rights might become a large property for composers<br />
to the Editor of The Author, who, by the way, is if rightly managed.<br />
not, as he states, Dr. S. Squire Sprigge, the writer The question is of growing importance owing to<br />
of the Preface and the editor of the Autobiography.<br />
the fact that hand organs and the many other<br />
mechanical contrivances for reproducing music, such<br />
as the pianola, phonograph, &c., are having a large<br />
and increasing sale.<br />
Owing to the misconstruction of certain writers, It was decided in a very interesting case heard<br />
presumably of an idealistic tendency, of a letter not long ago before the Courts that the perforated<br />
tbat appeared in one of the daily papers, referring sheets by which the music of composers was<br />
to the award of the Nobel Prize, No. 39, Old produced was not an infringement of copyright.<br />
Queen Street, has been the centre of a whirl of There is no doubt, however, that the reproduction<br />
excitement.<br />
would have been an infringement of the per-<br />
Mr. Robinson has considered that the Committee, forming rights if the performing rights had been<br />
instead of being merely a channel for conveying retained by the composer.<br />
the votes to the Swedish Academy, was a Com- Under these circumstances it is clear that if<br />
mittee appointed to judge of the value of his composers desire to stop this they must reserve<br />
idealistic writings, and the same idea has obscured their performing rights. The fact that there is<br />
the brain of Brown and Smith.<br />
considerable outcry amongst the profession against<br />
Robinson's epic of the Creation is no doubt this form of legalised robbery may give the<br />
full of interest, so also may be Brown's book on necessary stimulus to draw composers together,<br />
Microbes, or Smith's on the Building of Birds not only to protect themselves from piracy of the<br />
Nests.<br />
performing rights, but to protect the copyright and<br />
But the strongest and most intelligent Com- to establish some reasonable form of agreement<br />
mittee imbued with the wisdom of Solomon, and with the publishers who produce their works.<br />
granted the longevity of Methusaleh, would hardly<br />
be strong enough to deal with the demands of all<br />
personal applicants desiring a criticism of their In reading the February number of the New<br />
work.<br />
York Bookman, we come across an article entitled<br />
« But all is well that end's well," as Shake- “In the Camp of the Enemy,” which is practically<br />
Bacon wisely remarks ; and for the present year on the lines of the article from the Free Lance<br />
the wave of excitement has subsided on the duck- Journalist which is now appearing in The Author.<br />
pond of the illiterate. .<br />
We recommend the perusal of it. It shows<br />
Ample time will be given to deal with the that the path of the magazine contributor across<br />
matter more satisfactorily next year, and ample the water is impeded with thorns and brambles<br />
explanation will, no doubt, be published as to the to the same extent as is the case in the Old<br />
real functions and limitations of the Committee. Country.<br />
<br />
<br />
## p. 152 (#552) ############################################<br />
<br />
152<br />
THE AUTHOR.<br />
One memorandum that the author received from One of the artists, a man of ready wit, entered at<br />
an editor is amusing. It contains, among other once into the spirit of the jest, and wrote back to<br />
conditions: “If agreeable to you, we shall retain the vendor of preserved fruits, informing him that<br />
the MS. at your risk, paying for it when pub- he also had started a prize for the best samples<br />
lished.” On further inquiry by the author, the of preserved fruits, and that if the gentleman in<br />
editor stated that she would be willing to keep it question would forward him a dozen boxes or so<br />
for an indefinite time-it might be a month or of his choicest productions, he would have much<br />
it might be two years--she really could not say pleasure in entering his name for the prize, the<br />
which. If at the end of that time it had not been value of which he mentioned. The artist, how-<br />
mislaid or burned (in which case the author alone ever, pointed out that the fruit sent in by com-<br />
would be responsible) it would appear in print, petitors would become his property, whether they<br />
and the author would receive the princely sum of won the prize or not.<br />
five or six dollars-considerably less than half a The story does not record whether the vendor of<br />
cent a word.<br />
candied delicacies entered into the competition or<br />
We are glad to say that the author had a small the spirit of the joke.<br />
revenge.<br />
We, however, quote the story here, as the mer-<br />
Another example of New York journalism is chant's liberal offer calls to mind so forcibly the<br />
given.<br />
literary prizes offered from time to time by various<br />
The same author forwarded to a prominent magazines. Unfortunately, in these cases the<br />
Sunday newspaper an article on a local subject, contributor is denied the pleasure of the “ retort<br />
illustrated with his own photographs. The editor courteous" allowed to the artist, as the collection<br />
expressed the greatest satisfaction with them, and of penny dreadfuls, sixpenny monthlies, and other<br />
begged the author to leave them, yet they were magazine refuse would be hardly of much value<br />
returned the next day without a word of regret to the contributor who offered a prize for the<br />
or explanation.<br />
best periodical production. The magazine editor<br />
About a fortnight afterwards, in the same paper who offers a prize for a literary competition<br />
a similar article appeared, illustrated by photo has, it is clear, a decided advantage over the<br />
graphs taken from almost the same point of view. manufacturer of preserved fruit.<br />
What had happened was quite evident. The From time to time we have shown in the pages<br />
editor had sent one of his own staff—as it was of The Author the fallacious nature of these prize<br />
cheaper--and had reproduced the article. The competitions, and how an ingenious editor, by<br />
author suggests that it was perhaps justifiable what may appear to be a liberal offer, can secure<br />
according to newspaper ethics, or, he adds, the for his paper literary matter, fill his pages, and<br />
ethics of that particular paper. We trust it was save his proprietor's pocket for a considerable<br />
the ethics of that particular paper.<br />
period.<br />
Similar instances have come to our knowledge In all these prize competitions it should be an<br />
in England, but it may be fairly remarked that essential that all those contributions which do not<br />
the ethics of the particular paper are not the win the prize should be returned or definitely<br />
ethics of all English journals.<br />
accepted—if accepted, should be paid for at a<br />
It is pleasing to hear from the same pen that, reasonable rate. To retain all the contributions<br />
though an unknown writer on arrival in New as a free gift-as was the desire of the vendor of<br />
York, the author has been successful. “I believe," preserved fruits—is hardly fair to the anthor or to<br />
he says, “more firmly than ever I did, that it is the artist.<br />
perfectly possible to succeed in gaining editorial<br />
recognition without any pull whatever, provided<br />
you can do good work.”<br />
We are sorry to quote the enclosed paragraph<br />
from a contemporary :-<br />
"One of our reviewers who had — sent to him for notice<br />
wrote to say that he did not like to say what he thought<br />
A well-known manufacturer of dried fruit was<br />
about it, as it might shock our readers. Besides it would<br />
desirous of obtaining a work of art as the means offend the publisher and we sbould lose his support. Well.<br />
of advertising his wares.<br />
there is something in that. We dare not say what we think<br />
of the books in question for fear of losing the advertise-<br />
He accordingly put up a sum for the prize, and<br />
ments of the firms who publish them."<br />
issued a circular to the leading artists of his<br />
fatherland. He stipulated, among other condi This is really a serious admission, and speaks<br />
tions of the competition, that he should become volumes for the modern methods of reviewing. It<br />
the possessor of all the drawings that were sent would appear clear that the attitude of the pub-<br />
in, whether they obtained the prize or not.<br />
lishers is to blame for the action of the reviewer.<br />
<br />
<br />
## p. 153 (#553) ############################################<br />
<br />
THE AUTHOR.<br />
153<br />
As authors ever since publishing was a trade<br />
have frequently suffered material damage at the<br />
hand of the united brotherhood, publishers have<br />
in their turn suffered from time to time moral<br />
and intellectual damage (we beg to thank Mr.<br />
Kruger for this apt phrase) from the pen of their<br />
victims.<br />
Byron's story is ever fresh in the memory, and<br />
Borrow in “ Lavengro” throws some amusing<br />
cynicism, a milder vitriol, over the sect.<br />
It is poignant and burns. The following<br />
quotation has, however, its amusing aspect.<br />
The author speaks :<br />
Above the far horizon's rim<br />
And steals across the sombre sea,<br />
Shall I not stir each straitened limb,<br />
And, half-awakened, drowsily<br />
Hear the faint call of sleepy birds,<br />
The timorous flutter of their wings,<br />
And know that o'er the earth which girds<br />
My narrow house, all sentient things<br />
Share the sweet privilege of light,<br />
Wake to a life, dear God! how fair ?<br />
Ah! then, poor prisoner of the night,<br />
Shall I not care, shall I not care ?<br />
St. John LUCAS.<br />
for ? :<br />
THE IRISH LITERARY REYIYAL.<br />
By John TODHUNTER.<br />
“My money was growing short, and I once asked him (the<br />
publisher] to pay me for my labours in the deceased<br />
publication.<br />
“Sir,' said the publisher, 'what do you want the money<br />
" " Merely to live on' I replied. It is very difficult to<br />
live in this town without money.'<br />
6 · How much money did you bring with you to town?"<br />
demanded the publisher.<br />
“Some twenty or thirty pounds,' I replied.<br />
“And you have spent it already ?'.<br />
". No' said I, 'not entirely, but it is fast disappearing.<br />
“ • Sir,' said the publisher, 'I believe you to be extrava-<br />
gant--yes, sir, extravagant!'.<br />
"On what grounds do you suppose me to be so ?'<br />
“Sir,' said the publisher, 'you eat meat ?<br />
** • Yes,' said I, I eat meat sometimes. What should I<br />
eat ? :<br />
"Bread, sir,' said the publisher : bread and cheese.'<br />
• • So I do, sir, when I am disposed to indulge; but I<br />
cannot often afford it; it is very expensive to dine on bread<br />
and cheese, especially when one is fond of cheese, as I am.<br />
My last bread and cheese dinner cost me fourteen-pence.<br />
There is drink, sir ; with bread and cheese one must drink<br />
porter, sir.'<br />
" . Then sir, eat bread—bread alone. As good men as<br />
yourself have eaten bread alone ; they have been glad to<br />
get it, sir. If with bread and cheese you must drink porter,<br />
sir, with bread alone you can perhaps drink water, sir.'”.<br />
It is amusing to note the publisher's interest in<br />
the domestic economy of the author, and the<br />
paternal solicitude as to the methods that should<br />
guide the conduct of the unfortunate.<br />
Rather perhaps it would be amusing if it were<br />
not sad. Far better keep to cold, unsympathetic<br />
business methods than indulge in uncertain and<br />
hollow friendships, or bow to generous patrons.<br />
We hope those times have gone.<br />
(Continued.)<br />
I MIGHT pick out many poems of merit first<br />
printed in the Irish newspapers. Mr. l'. J.<br />
McCall, for instance, author of Irish Noinins"<br />
(Daisies) and “ Songs of Erinn,” deserves more than<br />
a passing mention, and I regret that I can only<br />
give a few stanzas from his " Oh, that the Wars<br />
were All Over”—a ballad of '98. It tells howa<br />
poor woman's husband joined the “rebels," and<br />
how, seeking for news of him, she met her death at<br />
the hand of a “ Yeo"-one of the Yeomanry, who,<br />
like the Hessians, played a conspicuous part.on<br />
the English side in '98, and the subsequent reign<br />
of terror :-<br />
“ Like a wraith by the river below the bleach green,<br />
Sat the saddest of women that ever was seen,<br />
With a heart-song as sore as the skylark's despair<br />
When over his nest hangs a bawk in the air!<br />
As she wished :-. That the wars were all over!'<br />
Wishing :--Oh, that the wars were all over!'<br />
66 6'Tis seven lone Sundays,' she said, since he came<br />
O'er the stones of the river-Oh, was I to blame,<br />
When he said to me, “ Nan, I'll go fight with the boys!"<br />
That I kissed him and blest him, though mute was my<br />
voice!<br />
Then she prayed :- That the wars were all over!'<br />
Praying :-Oh, that the wars were all over!'<br />
The last stanza runs :<br />
“ She passed in the night by the Bridge of Knockclo,<br />
And there on the ledge nook stood smoking a Yeo.;<br />
He primed his horse-pistol and fired at the mark,<br />
And shot the poor wife, through the heart, in the dark !<br />
And she sighed :-'That the wars were all over!'<br />
But she died ere the wars were all over."<br />
Apropos of newspapers, I should like to say a<br />
good word for the All Ireland Review, edited by<br />
Mr. Standish O'Grady, and published by Sealey,<br />
LIFE.<br />
A Reply to "A. C. B.”<br />
WHEN I am lying in my grave,<br />
Ah ! surely I shall sometimes hear<br />
The midnight murmur of the wave;<br />
And when the dawn comes opal-clear<br />
<br />
<br />
## p. 154 (#554) ############################################<br />
<br />
154<br />
THE AUTHOR.<br />
Briers and Walker, Middle Abbey Street, Dublin. enough for Tennyson when condescending to the<br />
It is not a newspaper in the ordinary sense, but peasant mind; but is not good enough for the<br />
rather a weekly magazine of a very Irish, and, to much more delicate work of Miss Barlow.<br />
the conventional English mind, whimsical kind- It is otherwise with Miss Nora Hopper, whose<br />
racy of the soil, in l'act. Mr. O'Grady, who has prose sketches are somewhat crude, while many of<br />
done much to popularise some of our Bardic her poems are charming in their individuality.<br />
literature, in his prose epics of “The Coming of They have a genuine lyrical quality ; the emotion,<br />
Cuchullin," and his Homeric version of the wars expressing itself in the metre, gives them that<br />
of the Red Branch, is a most original editor. In vital rhythm which haunts the ear of memory and<br />
the Donnybrook Fair of Irish opinion, with its makes them pleasant and compassionable things.<br />
animosities, religious, political, and personal, still In much of their love-poetry women seem to<br />
eddying like cross-currents of the great national stand tip-toe on their soul's mountain-tops, atter-<br />
movement, he has assumed the post of reconciler. ing a somewhat thin and melancholy wail. That<br />
He valiantly opens his columns to men of all shades unappeasable babe, the human heart, always crying<br />
of opinion, with the result that he has to stand for the moon, especially when its -sex is feminine,<br />
the brunt of many indignant assaults from all tends to become monotonous in the expression of<br />
sides. He is the recipient of many letters, and the its woes. But if Miss Hopper is melancholy in<br />
subject of many articles, sometimes couched in her love-poems, she has the grace of being musical,<br />
language that may be termed ultra-Parliamentary. which is much to be thankful for. Here are some<br />
But he takes it all good-humouredly, as part of the verses from her “Moonstone”:-<br />
day's work, and firmly holds by the faith that is in<br />
“ I am a moonstone, and my heart lies deep<br />
him, answering wisely and courteously even the<br />
Under a weight of water, fixed in sleep-<br />
most bitter of his assailants. He has, however,<br />
But let the one hand touch me, though it were<br />
many warm supporters, and deserves the support<br />
Light as the flutter of a woman's hair,<br />
he has received. I commend his paper heartily to I shall hear, feel, and know the time to glow<br />
all lovers of adventurous journalism as a periodical<br />
And break my heart to let my colour show,<br />
Colour not dreamed of by the soul that strays<br />
of a most original kind. Literary evolution has, in<br />
Seeking the moonstone many weary days."<br />
the All Ireland Review, produced a new species,<br />
which I hope may survive.<br />
These lines are characteristically feminine in<br />
One feature of the Irish literary movement their note, and tender and beautiful in their<br />
worthy of note is the amount of work, in both rhythm. So also are the “ Elegy” and “ Elusion,"<br />
prose and verse, some of it of rare excellence, done<br />
which seem to me as good of their kind as any-<br />
by women.<br />
thing Miss Hopper has written, and that implies<br />
Some of the most original and interesting literary<br />
a rare freshness of sentiment and charm of<br />
work of last century has been done by women ; expression. Here is the “ Elegy":-<br />
but its value hitherto has often depended more<br />
“She had as many loves as she had follies,<br />
upon its sincerity and fearlessness of statement<br />
And all her light loves lightly sang her praises.<br />
than upon its artistic form. It is well that women But now, laid low beneath sharp-leaved sea-hollies<br />
should unpack their hearts even crudely in prose And pale sea-daisies,<br />
or verse ; but it is better that they should attempt,<br />
Here at the limit of the hollow shore<br />
Folly and praise are covered meetly o'er.<br />
as they are now doing, to make language a<br />
dexterously touched instrument for the expression “ We will not tell her beads of beauty over :<br />
of their thoughts and emotions; and it is most<br />
All that we say, and all we leave unsaid<br />
Be buried with her. There's no lightest lover<br />
gratifying to be able to say that, in poetry as in<br />
But scatters on her bed<br />
prose, some of our Irish women have done work Pansies for thoughts, and woodruff white as she,<br />
which, in form or matter, need not fear comparison And, for remembrance, quiet rosemary.<br />
with the best of what has been recently done in<br />
“ Here is the end of laughter : quenchel together<br />
England.<br />
Are grief and mirth; here dancing feet fall still,<br />
I need only mention the “ Irish Idylls" and Here where wild thyme and sea-pink brave wild weater,<br />
other stories of Miss Jane Barlow, excellent in<br />
And die at the wind's will,<br />
Bring her in dreams here to her quiet home,<br />
style as in matter. In ber stories in verse she<br />
Thou sea, her sister! bring her weeds and foam."<br />
has not as yet quite found herself. They are well<br />
told, and have turns of expression which are Irish That is an exqnisite piece of fantasy, all<br />
in feeling as in idiom ; but in adopting the apparently suggested by that first rhyme of sea-<br />
monotonous metre used by Tennyson in some of hollies with follies. It might almost be a song in<br />
his sketches in soliloquy, she is handicapped, not an Elizabethan play, it is so dainty in its perfection,<br />
by any comparison with him, but merely by the but for something modern and feminine in its<br />
metre, which in its joy-trot quality was good emotional colour.<br />
<br />
<br />
## p. 155 (#555) ############################################<br />
<br />
THE AUTHOR.<br />
155<br />
an Iriin some of th, or<br />
The Inot te<br />
Mrs. Tynan-Hinkson's work in prose and verse I might quote from other ladies deserving<br />
is so popular in England as in Ireland, that it is honourable mention : Miss Ellen O'Leary, Mrs.<br />
only necessary to mention her name, to set some Clement Shorter, who sweeps from her Irish harp<br />
verse of hers aflutter in the memory of one of her wild dirges, with a recurrent note of desolate yet<br />
admirers. She is as persistent and voluble in her heroic melancholy distinctively her own ; Miss Alice<br />
song as an Irish nightingale, if we had one ; but Furlong, Miss Alice Milligan, who in her “Last<br />
is at her hest in some of those poems of domestic Feast of the Fianna” has dramatised an episode<br />
pathos like “The Dead Son," or " The Last Word,” in one of our bardic tales with a feeling of its<br />
in which her fluency of utterance has not tempted imaginative atmosphere; and others. But in<br />
her to exuberance ; and in some of her delicately- giving place aux dames I have left myself little<br />
touched impressions from nature in “ The Wind space for the men.<br />
Among the Trees.”<br />
Mr. Yeats's work in prose and verse, always<br />
In * Moira O'Neill's" little volume, “Songs original and “of imagination all compact,” is too<br />
from the Glens of Antrim," we have five-and- well known to need comment here. To him and<br />
twenty short poems, each of which is finished with Mr. Martin we owe the foundation of the “ Irish<br />
a rare feeling for artistic craftsmanship. In fact Literary Drama," which, though in its infancy, is<br />
many of these “songs" may hold their own a child of promise.<br />
against all comers; for they are original in con- Mr. Russell, who writes under the signature<br />
ception, and as nearly perfect in form as such “A. E.,” is, like Mr. Yeats, a mystic. The unseen<br />
things could be. Every word seems right, and world of the spirit is always present with him.<br />
not a word is superfluous. They have a quaint His poems are the conceptions of a grave and<br />
lilt of their own, in which the rhythm seems to limpid imagination, and always delicately finished.<br />
spring naturally out of the sentiment. It is not That entitled “ Dawn” may serve as an example<br />
easy to handle Irish dialect in serious poetry ; but of his work-<br />
here the dialect of the glens is made the poetic<br />
vehicle of that reticent expression of emotion in “Still as the holy of holies breathes the vast,<br />
which pathos is touched with humour, so charac-<br />
Within its crystal depths the stars grow dim :<br />
teristically Irish. The reader at once finds him-<br />
Fire on the altar of the hills at last<br />
self on friendly terms with these little poems, if<br />
Burns on the shadowy rim.<br />
he is sympathetic ; but they never lose their self-<br />
"Moment that holds all moments ; white upon<br />
respect, or give themselves away. They are<br />
The verge it trembles ; then like mists of flowers<br />
sensitive things, and have too much dignity to<br />
Break from the fairy fountains of the dawn<br />
hunt an emotion to death. “Moira O'Neill” is<br />
The hues of many hours.<br />
particularly happy in her use of refrains-<br />
“ Thrown downward from that high companionship.<br />
* Och Corrymecla an' the blue sky over it,"<br />
Of dreaming inmost heart with inmost heart,<br />
Into the common daily ways I slip,<br />
has the true “ lyrical cry.”<br />
My fire from theirs apart.”<br />
Such a poem as “Denny's Daughter” is a<br />
masterpiece of twenty lines-<br />
Professor Savage-Armstrong, though not a<br />
Nationalist, seems to have felt the influence of the<br />
* Denny's daughter stood a minute in the field I be to pass, literary movement in his last volume of poems,<br />
All as quiet as her shadow lyin' by her on the grass; “ Ballads of Down," in which there are many<br />
In her hand a switch o' hazel from the nut tree's crooked charming poems in the dialect of the County<br />
root,<br />
Well I mind the crown o'clover crumpled undber one<br />
Down. I have no personal acquaintance with<br />
bare foot.<br />
this dialect, which seems, from the specimens he<br />
For the look of her, the look of her<br />
gives, to be very like Lowland Scotch. Here are<br />
Comes back on me to-day,-<br />
Wi' the eyes of her, the eyes of her<br />
a couple of these poems, each in a different key,<br />
That took me on the way.<br />
and each admirable of its kind---<br />
Though I seen poor Denny's daughter white an' stiff upon<br />
her bed,<br />
THE WEE LASSIE'S FIRST LOVE,<br />
Yet I be to think there's sunlight fallin' somewhere<br />
on her head :<br />
A cannae hear his name an' hide<br />
She'll be singin' Are Jlary where the flowers never wilt,<br />
My thought wi' ony art ;<br />
She, the girl my own hands covered wi' the narrow<br />
A cannae see him come, an' calm<br />
daisy-quilt.<br />
The flitterin' uv my heart ;<br />
For the love of her, the love of her<br />
It's pain tae meet him when A walk,<br />
That would not be my wife ;<br />
Or meet him nae ava;<br />
An' the loss of her, the loss of her<br />
A wish him aye tae come tae me,<br />
Has left me lone for life."<br />
A wish him aye awa'.<br />
<br />
<br />
## p. 156 (#556) ############################################<br />
<br />
156<br />
THE AUTHOR.<br />
A dinnae kén what's wrang wi' me ;<br />
A'm vixed, A kennae why ;<br />
A cannae talk, A cannae wark;<br />
My min's a' gang'd agley ;<br />
A say sich foolish thin's at whiles,<br />
My face is scorched wi' pain ...<br />
O let them lave me tae mysel'!<br />
A jist wud be alane.<br />
That is a grave and stately poem, and shows that<br />
our men also can sing.<br />
Mr. Stephen Gwynn has recently published a<br />
volume of poems, which I have not seen ; but if it<br />
contains many poems as good as the one I give<br />
with some omissions, written in a North Country<br />
dialect, it is a promising first volume :<br />
A'm nae sae tall as Elsie Barnes,<br />
A hae nae een like May's,<br />
Yit aft he turns frae May tae me,<br />
An' ne'er wi' Elsie strays.<br />
A canna' thole tae see him laugh<br />
Wi' Grace or Rose or Jean,<br />
An' yit he's stan'in' nigh my side<br />
Mair aft than ony ane.<br />
He's aye sae courteous, kin', an' free<br />
Wi' mon an' lass an' chiel ;<br />
Mayhap he cares nae mair fur me<br />
Thau jist tae wish me weel . .<br />
But ah, the kin'ness uv his voice!<br />
An' ah, his dark blue ee !<br />
An' ah, his face an'coortly grace!..<br />
A think A jist cud dee.<br />
OUT IN THE DARK.<br />
Oh, up the brae, and up and up, beyont the fairy thorn,<br />
It's there they hae my baby laid, that died when he was<br />
born.<br />
Afore the priest could christen him to save his soul, he<br />
died;<br />
It never lived at all, they said-'twas livin' in my side.<br />
He'll sure be thinkin' long for me, an' wearyin' his lone<br />
Up in thon corner by the whins wi' neither cross nor stone;<br />
Ay, tho’ I'd died wi' him itself, they wouldna let us be-<br />
The corner o' a field for him, the holy ground for me :<br />
The graves are all that tiny that they'd hardly raise a<br />
mound,<br />
And couples o' a Sunday do be coortin' on thon ground,<br />
An' th' are none that thinks upon them ; but my heart'll<br />
be there still,<br />
On the sod among the bracken an' the whins upon the hill.<br />
I'd be feared to come o' night there, for the hill is fairy<br />
ground,<br />
But th' are, may be, more nor fairies dancin' in the fairy<br />
round<br />
Och, an' if I only thought it! sure, I'd let them do their<br />
worst,<br />
An' I'd go to see my baby, tho' I be to be accursed.<br />
But I'll never reach my wean now, neither here nor in the<br />
sod,<br />
An' I'm betther wi’ the Christians an' the souls that's saved<br />
for God :-<br />
Och, to feel his fingers on me, an' to clasp him when he<br />
smiled!<br />
Sure ye'd think there'd be one heaven for the mother an<br />
the child.<br />
DEATH AND LIFE.<br />
“ Puir Wully is deed!”-“0, is he? ” —<br />
“Ay, cau'd in his coffin he's leein'!"<br />
“ Jist noo A em muckle tae busy<br />
Tae trouble me heed aboot deein';<br />
There's han's to be got fur the reapin';<br />
We're gaun tae the wark in th' murn;<br />
An' A'm thinkin' the rain ’ill come dreepin',<br />
The-night, an' destroyin' the curn.”'<br />
I must conclude with two poems which seem to<br />
me noteworthy contributions to our Irish literature.<br />
The first is Mr. T. W. Rolleston's fine translation<br />
from the Irish, the haunting rhythm of which is<br />
worthy of the heroic subject :<br />
THE DEAD AT CLONMACNOIS.<br />
I am sorry that space does not permit me to say<br />
anything about our recent prose literature, nor<br />
about what is being done to preserve old Irish<br />
music, and to encourage the production of new. I<br />
hope, however, even this very imperfect article<br />
may be sufficient to show that the West is really<br />
awake at last.<br />
In a quiet water'd land, a land of roses,<br />
Stands St. Kieran's city fair :<br />
And the warriors of Erin in their famous generations<br />
Slumber there.<br />
There beneath the dewy hillside sleep the noblest<br />
Of the Clan of Conn,<br />
Each below his stone with name in branching Ogham<br />
And the sacred knot thereon.<br />
REAL PEOPLE IN FICTION.<br />
There they laid to rest the seven Kings of Tara,<br />
There the sons of Cairbré sleep-<br />
Battle-banners of the Gael, that in Kieran's plain of crosses<br />
Now their final hosting keep.<br />
And in Clonmacnois they laid the men of Teffia,<br />
And right many a lord of Breagh ;<br />
Deep the sod above Clan Creidé and Clan Conaill,<br />
Kind in hall and fierce in fray.<br />
row far a novelist may, with propriety,<br />
T1 select his characters from the men and<br />
women immediately surrounding him is a<br />
question which the good taste of the writer usually<br />
decides. Against flagrant abuses of the unwritten<br />
canons of literary conduct, the law of libel as<br />
it stands is no doubt adequate protection. If<br />
you deride your neighbour's morals, manners or<br />
appearance so clumsily that all who know him<br />
Many and many a son of Conn, the Hundred-Fighter,<br />
In the red earth lies at rest;<br />
Vany a blue eye of Clan Colman the turf covers,<br />
Many a swan-white breast.<br />
<br />
<br />
## p. 157 (#557) ############################################<br />
<br />
THE AUTHOR.<br />
157<br />
may recognise the portrait, the victim will have now visit Tarascon in the hope of finding him.<br />
an excellent chance of obtaining damages in a Usually they are disappointed, yet the novelist<br />
court of law. These risks most publishers wisely drew a type of character whose oddities fit<br />
keep in view in their agreements with authors. not a few black-bearded, comic, self-indulgent<br />
Indiscretions of this loose nature are less frequent sportsmen who flourish opulently in the splendid<br />
than is generally assumed. Character drawing, South. In a less striking degree Daudet's bril-<br />
even with a model, is exceedingly difficult, and the liant accident may happen to any observant writer,<br />
“ people taken from real life” (usually by the although it far too rarely does. He may thus<br />
awkward amateur) are not always recognisable inadvertently offend a dozen people, who apparently<br />
even by their relations. Still there are writers had no actual existence outside his own imagina-<br />
with powers of observation and expression just tion.<br />
great enough to show up their friends in “book Social changes constantly bring fresh types<br />
form." This fumbling literary portraiture, how- of character into existence; the writer who intui-<br />
ever, is of no importance, since those who encourage tively finds thein is sometimes accused of piratical<br />
it are as proud of appearing in third-rate novels as raids on the sanctities of real life. The arrow<br />
in newspaper paragraphs. Both obscure flashes of shot at a venture occasionally hits a bull's-eye.<br />
publicity tickle that sense of personal importance In the case of Falstaff, even Shakespeare is sus-<br />
which cypics desire us to believe is a common pected. Instinct persuades us that he must have<br />
weakness of humanity.<br />
seen a dazzling fragment of the “Fat Knight"<br />
How, then, does " character "get into fiction if under the big doublet of one or other of his<br />
not "copied” from sometbing actually existing ? contemporaries. Still, so much wit, wisdom and<br />
The question is frequently put to “people who immoral audacity could scarcely have been entirely<br />
write” by people who don't, but who fancy the lavished on one mortal. Perhaps the genesis of<br />
trick must be easy because it seems so simple. Falstaff is not dissimilar to that of Tartarin.<br />
What takes place in most cases is this : the Either portrait might conceivably provoke an<br />
novelist conscicusly seeking subjects in the world action for libel simply because there is so much<br />
about him naturally falls under the influence humanity in man.<br />
of certain dominating types. The world is very When Cervantes wrote “Don Quixote,” it is<br />
busy, very active—often very ridiculous. Vitality unlikely that he had any particular hidalgo<br />
can be infused into a book of contemporary life in his mind's eye, although there may have been<br />
only through the medium of a writer's sympathy twenty unconscious sitters for that dazzling and<br />
with the movements and idiosyncracies of en- touching portrait of the dying spirit of chivalry.<br />
vironing society. It is the reflection of the what It is doubtful if one of the great characters of<br />
is without its pages which gives the novel fiction outside historical romance ever actually<br />
vivid life. Genius takes impressions as a sponge existed except as fragmentary human characteristics,<br />
takes water, but amplifies or idealises all it half un- observed and collected over a wide field by the<br />
consciously grasps. Then—and even the creator immortal writers who have filled their creations<br />
knows not how-real men and women walk into with the tenderness and breath of life. To most<br />
a book and lead an existence all their owu, over of us the inhabitants of the world of fiction are<br />
which even he seems to have but limited control. far more alive than the men and women of<br />
These men and women may resemble a dozen history. The first are portraits for which all<br />
models, no one of which the writer ever consciously humanity has sat; the others individuals whose<br />
met.<br />
personalities have been lost under raw masses of<br />
There is the well-known example of Alphonse record.<br />
Daudet. When he drew his famous Tartarin of The writer who aims at success by the crude<br />
Tarascon, the South immediately discovered the device of putting real people into his novel usually<br />
hero throughout the length and breadth of sunny fails, and deserves to fail, although commercially<br />
Provence. His very name got the author into he may obtain some sort of a reward if his trick<br />
trouble. On the hero's first appearance-I am not be discovered. His book will hardly find a<br />
sure it was not in The Figaro-his name was becoming place among the good novels even of a<br />
Dardarin. It chanced that a certain Méridional bad year. The novel should be, only not con-<br />
answered to that name. He objected, and it was sciously, a criticism of life-of types, not of the<br />
only by changing the d's into t's, and by offering individuals whose names we read in the newspapers.<br />
an apology, that Daudet escaped a libel suit. But To raid society to make fiction entails the sacrifice<br />
did the inventor of Tartarin ever meet the hero of the higher aims of the craft. Today the<br />
in the flesh? Probably not ; but throughout the novel of manners chiefly prevents atrophy in the<br />
Midi Daudet may have made his acquaintance in spirit of comedy, now that its hold on our stage<br />
fragments, out of which Tartarin grew. Tourists has grown so precarious. The charming and<br />
<br />
<br />
## p. 158 (#558) ############################################<br />
<br />
158<br />
THE AUTHOR.<br />
subtle art might vanish if it became the unblushing ... Has the author any claims against the<br />
practice of popular writers to make “real people” printers or any other parties concerned in the<br />
play the part which only the children of the distribution of the book ?<br />
imagination can worthily fill. Reduced to its 3. If the author has any ground of action, in<br />
lowest dimensions, the novel would become an what Court and in what form should proceedings<br />
impertinent and misleading form of biography. be commenced ?<br />
What, then, are the limits which should be To these questions the Counsel employed by the<br />
observed in dealing with character ? They seem Society—Mr. T. E. Scrutton, K.C., of 3, Temple<br />
perfectly clear.<br />
Gardens, Temple—answered as follows:-.<br />
The novelist is not justified in trying to produce “I think the publication by Publisher No. 3 is<br />
his effects by dragging living men and women a fraud on the public, and any purchaser buying it<br />
into his books. It is poor art and worse manners; under the belief that he was buying a novel by the<br />
it is cheap, vulgar and offensive. If, however, in author different from the novels known by various<br />
dealing with types of character the writer appear other titles, could proceed against the publishers<br />
at times to become personal—as in the case of either civilly or criminally.<br />
Tartarin-that is purely accidental, and may be “Under these circumstances I think the words<br />
accepted as evidence of the cunning of his art. “Author's' novel " -- here follows the title -<br />
The greatest writer takes his impressions from the “ followed by the old novel are capable of the<br />
world about him, tracing them consciously to no meaning that the author approves of and is a party<br />
single source. If he meet a suggestion of Don to a publication which is a fraud, and are therefore<br />
Quixote or Sancho Panza, of Falstaff or Becky defamatory, and the subject matter of an action for<br />
Sharp, of a Micawber or a Père Goriot, his imagi. libel, which would be whether the publishers were<br />
nation will, if he have genius, do the rest.<br />
or were not owners of the copyright. A somewhat<br />
PERCY WHITE.<br />
similar action was successfully brought in Arch-<br />
bold v. Sweet, 5 C. & P. 221; and Kekewich, J., in<br />
declining to grant an interlocutory injunction in<br />
MRS. HUMPHREYS (RITA) Y. MESSRS.<br />
the case where Dr. Lee complained of an abridged<br />
BUTTERWORTH & CO.<br />
edition said that the only possible cause of action<br />
was libel.<br />
“Further, if any actual damage could be proved<br />
THE following matter has been settled by the the case would come within the principle stated by<br />
I aid of the Society on behalf of one of its Bowen, L.J., in Radcliffe v. Evans, 1892, 2 Q. B. at<br />
Members.<br />
p. 527, I think an action will lie for written or<br />
It will be seen to contain many points of great oral falsehoods not actionable per se or even<br />
importance, and although the case did not actually defamatory where they are maliciously published,<br />
go into Court, as it was settled after an action had where they are calculated in the ordinary course of<br />
been commenced, yet Counsel's opinion and the things to produce, and where they do produce<br />
full course of events will afford much information actual damage, is established law. Such an action<br />
to the Members of the Society.<br />
is ... an action on the case for damage willully<br />
Many years ago one of our Members, under a and intentionally done without just cause or<br />
nom de plume, wrote a book and sold the copyright excuse.'<br />
of it 10 a publisher. The copyright was trans- “I think there is here a falsehood, and a malicious<br />
ferred, and finally came into the hands of Publisher falsehood, but I don't suppose the author can<br />
No. 2. Suddenly Publisher No. 3 produced the prove actual damage.<br />
same book in a cheap form with another title. “Answering the questions put to me I am of<br />
The public would naturally conclude that this was opinion-<br />
a new book from the author's pen.<br />
"1. That the author can sue the publishers for<br />
In the first instance the matter was laid before libel, whether or not they are owners of the<br />
Counsel, who was asked to answer the following copyright.<br />
questions :<br />
"2. That as the words published are, I think,<br />
1. Could the author, although not the holder of libellous, an action lies against the persons<br />
the copyright, take any action against Publisher distributing, including the printers, but it would<br />
No. 3—<br />
be better to sue the real culprit—the pub-<br />
() If they had been legal owners of the cops- lisher.<br />
right?<br />
“3. The action would be one for libel in the<br />
(b) Under the present circumstances of the K. B. D.<br />
case, for issuing the old book under a new<br />
“(Signed) T. E. SCRUTTON.<br />
title ?<br />
“ 3, Temple Gardens."<br />
<br />
<br />
## p. 159 (#559) ############################################<br />
<br />
THE AUTHOR.<br />
159<br />
---<br />
-<br />
On receipt of this opinion the Committee of the get rid of our practical difficulties. Many thanks<br />
Society decided to commence an action against for your help in the matter,<br />
Publisher No. 3, and also the printers. The<br />
L. GOMME.<br />
Society's solicitors accordingly issued a writ and Spring Gardens, S.W.,<br />
proceeded with the action, but before the case 10th February, 1902.<br />
came on for trial it was settled on the following<br />
[We have much pleasure in printing this letter,<br />
terms :-<br />
The payment of £21 to the author as<br />
which has been received from the Clerk of the Lon-<br />
damages ; the payment of an agreed sum to cover<br />
don County Council, and are glad to see that the<br />
Council has shown such earnest interest in main-<br />
the cost of the action as between solicitor and<br />
client; and the insertion of an apology in two<br />
taining historical associations in London.—ED.]<br />
papers, the Times and Spectator, the wording of<br />
which was settled by the Society's solicitors.<br />
We regret for some reasons that the matter was<br />
not carried to trial, but the settlement was, no<br />
STANDARD RULES FOR PRINTING.<br />
doubt, the most satisfactory for the author.<br />
To the Eólitor of THE AUTHOR.<br />
SIR, --Your readers have seen Mr. Howard<br />
Collins's letter about the Rules for Compositors<br />
which Mr. Hart has prepared, and have probably<br />
CORRESPONDENCE.<br />
agreed with him that a set of general rules for the<br />
spelling of doubtful words, and for certain ques-<br />
tions of punctuation, would be a very good thing.<br />
THE BESANT MEMORIAL FUND.<br />
Many of them, however, have probably not seen<br />
Sir,-As an old Member of the Society, I ven-<br />
the Rules themselves, and I think their attention<br />
ture to protest against the apathy shown by certain should be drawn to a chief characteristic of this<br />
of its most eminent members in regard to the<br />
little book.<br />
Besant Memorial.<br />
This is, that it is in many respects an attempt<br />
In allowing their names to remain absent from<br />
to go back to the spelling of half a century or<br />
the subscription list, they are not only impairing<br />
more ago : to substitute the fast-disappearing<br />
the prestige of the memorial, but are conveying<br />
z for sin such words as civilise, authorise, apologise<br />
the impression that they are not in sympathy with<br />
-the Rules give nearly three columns of them ;<br />
Sir Walter Besant's methods and policy in con-<br />
ethods and poliere in con- to reinstate the e now almost universally omitted<br />
nection with the Society. the effects of which in judgment, acknowledgment, and so forth : to<br />
cannot fail seriously to prejudice its position and<br />
return to an hotel, an heroic, ard the like; and<br />
capacity for usefulness.<br />
to adopt many spellings now so unusual as conjurer,<br />
Surely esprit de corps, if no other sentiment,<br />
loth, install, lisyllable, siphon, stanch, tire (of a<br />
should induce the members in question to recon-<br />
wheel). The compositor is also directed not to .<br />
sider their attitude.<br />
print anglicised French words in italics, but yet<br />
to retain their French accents ; and a curiously<br />
Faithfully yours,<br />
old-fashioned air is given to the book by its<br />
RANK AND FILE. injunction not to put the initial letters of laronir,<br />
10th February, 1902.<br />
herculean, latinity, and such words, in capitals.<br />
Has any one during the last century written of<br />
“ a Laconic epistle of doubtful Latinity ?”<br />
LONDON COUNTY COUNCIL.<br />
I send these comments to you, rather than to<br />
the author of the pamphlet, that Members of the<br />
DEAR MR. THRING,--Referring to the article Society may learn what are the rules they are<br />
in the Author of January last as to changing asked to endorse. I should like to add that in<br />
the name of Warwick Street, Cockspur Street, most other respects these Rules appear to me<br />
Charing Cross, I write to say that the com- sensible and useful.<br />
mittee dealing with the matter have decided<br />
Yours faithfully,<br />
to alter the name to Warwick House Street,<br />
EDWARD ROSE.<br />
and have given instructions for the usual notices<br />
to be posted. Subject to the consideration of<br />
30, Lyndhurst Road, Hampstead, N.W.<br />
any objections that may be raised, the Council February 21st, 1902.<br />
will be recommended to approve the name. This,<br />
I think, will preserve the historical name, and also<br />
<br />
<br />
## p. 159 (#560) ############################################<br />
<br />
ADVERTISEMENTS.<br />
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-<br />
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