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486https://historysoa.com/items/show/486The Author, Vol. 14 Issue 01 (October 1903)<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=49&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=%3Cem%3EThe+Author%3C%2Fem%3E%2C+Vol.+14+Issue+01+%28October+1903%29"><em>The Author</em>, Vol. 14 Issue 01 (October 1903)</a><a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=51&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Publication">Publication</a>1903-10-01-The-Author-14-11–28<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=89&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=14">14</a><a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=76&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=1903-10-01">1903-10-01</a>119031001The Huthor.<br /> <br /> (The Organ of the Incorporated Society of Authors. Monthly.)<br /> <br /> FOUNDED BY SIR WALTER BESANT.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Vou. XTV.—No. 1.<br /> <br /> THE TELEPHONE.<br /> <br /> +<br /> <br /> THE Telephone connection has now been estab-<br /> lished, and the Society’s number is—<br /> <br /> 374 VICTORIA.<br /> —————_+—&gt;—+_____<br /> NOTICES.<br /> <br /> +<br /> <br /> OR the opinions expressed in papers that are<br /> K signed or initialled the authors alone are<br /> responsible. None of the papers or para-<br /> graphs must be taken as expressing the opinion<br /> of the Committee unless such is especially stated<br /> to be the case.<br /> <br /> THE Editor begs to inform members of the<br /> Authors’ Society and other readers of The Author<br /> that the cases which are from time to time quoted<br /> in The Author are cases that have come before the<br /> notice or to the knowledge of the Secretary of the<br /> Society, and that those members of the Society<br /> who desire to have the names of the publishers<br /> <br /> - concerned can obtain them on application.<br /> <br /> —_*+——+—_<br /> <br /> List of Members.<br /> <br /> THE List of Members of the Society of Authors,<br /> published October, 1902, at the price of 6d., and<br /> the elections from October, 1902 to J uly, 1903, as<br /> a supplemental list, at the price of 2d. can now be<br /> obtained at the offices of the Society.<br /> <br /> It will be sold to members or associates of the<br /> Society only.<br /> <br /> —_t——+—__<br /> <br /> The Pension Fund of the Society.<br /> <br /> THE investments of the Pension Fund at<br /> present standing in the names of the Trustees are<br /> as follows. :<br /> <br /> This is a statement of the actual stock ; the<br /> <br /> Vou, XIV.<br /> <br /> OcTOBER Ist, 1903.<br /> <br /> [PRIcE SIXPENCE.<br /> <br /> money value can be easily worked out at the current<br /> price of the market :—<br /> <br /> DOMME oie services £1000 0 0<br /> <br /> <br /> <br /> iiocal Loans 3... 500 0 0<br /> <br /> Victorian Government 3 % Consoli-<br /> dated Inscribed Stock ............... 291 19 11<br /> War lvan 2.3 201-953<br /> Total, 2 36 £15993. 9. 2<br /> <br /> Subscriptions.<br /> 1903.<br /> <br /> Jan. 1, Pickthall, Marmaduke<br /> <br /> » Deane, Rev. A.C. .<br /> Jan. 4, Anonymous :<br /> <br /> + Heath, Miss Helena<br /> <br /> » Russell, G. H. ;<br /> Jan. 16, White, Mrs. Caroline<br /> <br /> » Bedford, Miss Jessie<br /> Jan. 19, Shiers-Mason, Mrs.<br /> Jan. 20, Cobbett, Miss Alice :<br /> Jan. 30, Minniken, Miss Bertha M. M.<br /> Jan. 31, Whishaw, Fred : :<br /> <br /> PRS eeHrocesoosorseoogonoocse<br /> od hh<br /> SOOWMMAH OOOO<br /> PEFFRSOSCSOSOSSSSSSOSCSCOSCCSCS<br /> <br /> Feb. 3, Reynolds, Mrs. Fred 5<br /> Feb. 1iy7lincoln, ©, ‘ 5<br /> Feb. 16, Hardy, J. Herbert . : 5<br /> » Haggard, Major Arthur . 5<br /> Feb. 23, Finnemore, John . 5<br /> Mar. 2, Moor, Mrs. St. C. . 0<br /> Mar. 5, Dutton, Mrs. Carrie 15:<br /> Api. 10, Bird, CP... : : ‘ 10<br /> Apl. 10, Campbell, Miss Montgomery . 5<br /> May Lees, R. J... : : : 1<br /> S Wright, J. Fondi 5<br /> Donations.<br /> Jan. 3, Wheelright, Miss E. 010 6<br /> 3 Middlemass. Miss Jean » 010 0<br /> Jan. 6, Avebury, The Right Hon.<br /> The Lord . : : 37) 0-0<br /> » Gribble, Francis : 010 0<br /> Jan. 13, Boddington, Miss Helen . 010 6<br /> Jan. 17, White, Mrs. Wollaston Let 0<br /> » Miller, Miss E. T. . 0 5.0<br /> Jan. 19, Kemp, Miss Geraldine 010 6<br /> <br /> <br /> <br /> <br /> <br /> £ s. a.<br /> Jan. 20, Sheldon, Mrs. French 0 5 0<br /> Jan. 29, Roe, Mrs. Harcourt 010 0<br /> Feb. 9, Sherwood, Mrs. : 010 6<br /> Feb. 16, Hocking, The Rey. Silas 11.0<br /> Feb. 18, Boulding, J. W. 010 6<br /> 5, Ord, Hubert H. - 010 9<br /> Feb. 20, Price, Miss Eleanor 010 0<br /> » Carlile, Rev. aC. 010 O<br /> Feb. 24, Dixon, Mrs. 5 0 0<br /> Feb. 26, Speakman, Mrs. - 010 0<br /> Mar. 5, Parker, Mrs. N ella 010 0<br /> Mar. 16, Hallward, N.L. . J 1.0<br /> Mar. 20, Henry, Miss Alice . 0 5 0<br /> » Mathieson, Miss Annie . . 010 0<br /> <br /> ;, Browne, &#039;T. A. (“ Rolfe Boldre-<br /> wood”) . : : _ tL 20<br /> Mar. 23, Ward, Mrs. Humphry _. 10 0 0<br /> Apl. 2, Hutton, The Rev. W. H. 2 0 0<br /> Apl. 14, Tournier, Theodore 0 5 0<br /> May King, Paul H. : : 2 010 0<br /> Wynne, Charles Whitworth .10 0 0<br /> » 21, Orred J. Randal 148<br /> June 12, Colles, W. Morris . -10 0 0<br /> » Bateman, Stringer . . 010 6<br /> » Anon 0 5 0<br /> <br /> The following members have also made subscrip-<br /> tions or donations :—<br /> <br /> Meredith, George, President of the Society.<br /> <br /> Thompson, Sir Henry, Bart., F.R.C.S,<br /> <br /> Rashdall, The Rev. H.<br /> <br /> Guthrie, Anstey.<br /> <br /> Robertson, C. B.<br /> <br /> Dowsett, C. F.<br /> <br /> There are in addition other subscribers who do<br /> not desire that, either their names or the amount<br /> they are subscribing should be printed.<br /> <br /> —_—_—_+——_+______<br /> <br /> FROM THE COMMITTEE.<br /> <br /> —_——_—_—_ ++<br /> <br /> HE last meeting of the Committee before<br /> the vacation was held at 39, Old Queen<br /> Street, Storey’s Gate, 8.W., on Wednesday,<br /> <br /> July 8th. Twelve members and associates were<br /> elected, Their names and addresses are set forth<br /> below.<br /> <br /> Other matters connected with the business of<br /> the Society during the vacation, and with the<br /> Besant Memorial were settled.<br /> <br /> Tn addition it was decided to take up a case on<br /> behalf of one of the members against a prominent<br /> publisher who had failed to meet his account.<br /> This case has since been settled—the publisher<br /> has paid up in full.<br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> Cases.<br /> <br /> Tye last issue of the cases taken up by the<br /> Society on behalf of its members was published<br /> in the June number. That took the list for the<br /> present year down to the middle of May. The<br /> present record therefore covers the four months,<br /> June, July, August, and September. Thirty cases<br /> have been taken up. Of these, thirteen have been<br /> for the return of MSS. ; nine for the payment of<br /> money due; two for money and accounts ; four<br /> for accounts only; and the remaining two for<br /> matters connected with literary property and<br /> copyright.<br /> <br /> Tn ten cases, owing to the prompt attention of<br /> the editors to the secretary&#039;s request, the MSS.<br /> were at once returned and forwarded to the<br /> authors. In the other three cases the editors were<br /> unable to find the MSS. As there was no evidence<br /> forthcoming of neglect, or in fact that the MSS.<br /> had actually reached the office, the cases could not<br /> be taken further. Of the cases for money, five<br /> have been successful. The remaining four are<br /> still open, but there is every prospect that they<br /> will terminate satisfactorily. In one case however,<br /> it is probable that the editor will become bankrupt.<br /> Of the claims for account two have been terminated,<br /> the accounts having been rendered ; and two are<br /> still open. The two cases of money and accounts,<br /> owing to the fact that no satisfactory answer could<br /> be obtained, were placed in the hands of the<br /> Society’s solicitors. One case is still pending in<br /> the Courts. In the other case (against a well<br /> known publisher), the amount was paid with costs.<br /> The other two cases referred to as dealing with<br /> literary property have terminated satisfactorily.<br /> <br /> —<br /> <br /> July Elections.<br /> <br /> Ady, Mrs. Henry (Julta Ockham, Ripley, Surrey.<br /> Cartwright<br /> <br /> Corby, Miss E. Esker, Killucan, West-<br /> <br /> meath.<br /> Freed, Thomas, A. H. . Box 76, Nelson, New<br /> Zealand.<br /> Hodgson, Mrs. Wil- By-the-Sea, Exmouth.<br /> loughby<br /> Keene, Mrs. . Quetta, Balmenstan,<br /> India.<br /> <br /> 25, St. Thomas Street,<br /> Grosvenor Square, W.<br /> <br /> Grosvenor House, Gros-<br /> yenor Square, South-<br /> ampton.<br /> <br /> Ardblair Castle, Blair-<br /> gowrie, N.B.<br /> <br /> Korbay, Francis -<br /> Mocatta, Mrs. Mary A.<br /> <br /> Oliphant, Capt. P. L. K.<br /> Blair (Philip Laurence<br /> Oliphant)<br /> <br /> <br /> <br /> <br /> <br /> <br /> ee ee<br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR. 3<br /> <br /> Rogers, Mrs. Fanny . Cape Town, South<br /> Africa.<br /> Russell, Fox : oo Garden Court,<br /> Temple, E.C.<br /> Shepheard-Walwyn, Dalwhinnie, Kenley,<br /> H. W., F.Z.8., F.E.S, Surrey.<br /> Vacaresco, Madame . 17, Rue de P Arcade,<br /> Paris ; Vacaresis,<br /> Roumania.<br /> Oo?<br /> <br /> OUR BOOK AND PLAY TALK.<br /> <br /> +<br /> <br /> POPULAR edition of Sir Lewis Morris’s<br /> “Epic of Hades,” at 1s. 6d. nett, is<br /> announced by Messrs. Kegan Paul &amp; Co,<br /> <br /> for October 1st. Though twenty-seven years have<br /> elapsed since the publication of this poem, which<br /> has gone, we believe, through forty-five editions,<br /> this is the first edition to appeal to the masses, who<br /> it is hoped will appreciate the great reduction in<br /> price now made.<br /> <br /> Sir Lewis Morris has decided to include the<br /> story of “ Niobe,” which has hitherto been published<br /> separately, in the present issue, the entire text of<br /> which he has finally corrected. The poem in<br /> question has a new introduction in verse specially<br /> written by the poet.<br /> <br /> A new and augmented edition of Dr. Richard<br /> Garnett’s, ‘The Twilight of the Gods,” has been<br /> issued by Mr. John Lane. The dedication reads :<br /> ‘To Horace Howard Furness and George Brandes.<br /> Dabo duobus testibus meis.? The first edition of<br /> these tales was published in 1888. It contained<br /> sixteen stories, to which twelve are added in the<br /> present impression.<br /> <br /> This volume is the most personally illuminating,<br /> the most characteristic Dr. Garnett has given us .<br /> and that is to say it is well worth reading, and<br /> worth buying for our “ best books” collection.<br /> <br /> The Syndicate of the Cambridge University<br /> Press propose to publish in the course of the<br /> autumn a comprehensive work on the “ History of<br /> Classical Scholarship,” which has been prepared by<br /> the Public Orator, Dr. Sandys. It extends from<br /> about 600 B.c. to the end of the Middle Ages, and<br /> Consists of more than thirty chapters distributed<br /> over six books, dealing with the «“ History of<br /> Scholarship in the Athenian and the Alexandrian<br /> ages ; ”“ The Roman age of Latin and Greek Litera-<br /> ture” ; “ The Byzantine Age” ; and “ The Middle<br /> Ages in the West of Europe.” The text, which fills<br /> six hundred and fifty crown octavo pages (exclusive<br /> of the index), will be accompanied by chronological<br /> <br /> tables, facsimiles from Greek and Latin manuscripts<br /> and other illustrations,<br /> <br /> Colonel Haggard’s new book, “ Sidelights on the<br /> Court of France,” will be issned immediately by<br /> Messrs. Hutchinson, the period treated of being<br /> that from the reign of Francis I. to the death of<br /> Louis XIII., and of course including Henry of<br /> Navarre. Prominence ig given to such characters<br /> as Diana of Poitiers, Marguerite de Valois,<br /> Richelieu and Mazarin. The book is very fully<br /> illustrated.<br /> <br /> Professor Skeat has this year re-issued his text<br /> of “ Havelock the Dane” ; it was formerly printed<br /> for the Early English Text Society, and ‘has ever<br /> since been the standard edition. ‘It is now issued<br /> by the Clarendon Press in a revised and augmented,<br /> but cheaper form, with a preface that contains all<br /> the important criticisms of the poem up to the<br /> present date.<br /> <br /> Professor Skeat is also greatly interested in<br /> looking over the sheets of the « English Dialect<br /> Dictionary ” and making a few suggestions by way<br /> of addition. This important work, edited by Pro-<br /> fessor Wright, of Oxford, is making satisfactory<br /> progress. It is now in type nearly to the end of<br /> the letter Y. Professor Skeat takes special interest<br /> in it, as he was the founder, first secretary, and<br /> finally the director of the English Dialect Society,<br /> which in the course of twenty-four years (1873—<br /> 1896) collected and printed some eighty volumes,<br /> thus providing sufficient material to make a founda-<br /> tion for Professor Wright’s further labours,<br /> <br /> A good deal of Professor Skeat’s time is taken<br /> up with attempts to discover or verify the etymolo-<br /> gies of difficult English words, with the view of<br /> rendering some small assistance to the editor of<br /> the “ New English Dictionary.” A few of the latest<br /> results have lately been printed for the Philological<br /> Society of London, but have not yet been issued,<br /> <br /> Dr. Alexander Rattray’s new work, “Divine<br /> Hygiene, or the Sanitary Science of the Sacred<br /> Scriptures” (Nisbet &amp; Co., two vols.) is well<br /> through the printer’s hands, and may be expected<br /> soon. Besides the main theme, the object is the<br /> advocacy of the Holy Bible as the great educational<br /> handbook for humanity ; our pioneer informant in<br /> many subjects ; sole teacher in others ; and its<br /> science and philosophy, though humanly speaking<br /> ancient, not antiquated as often represented, but<br /> advanced. Though professionally treated it is<br /> popularly written, strictly Evangelical, practically<br /> exhaustive, and a vindication of Christianity.<br /> <br /> Mr. Ferrar Fenton, F.R.A.S., is about to issue<br /> a translation of the “ Psalms, Solomon, and<br /> Sacred Writers,” in the original metres, but in<br /> modern English ; and also his “Complete Bible”<br /> <br /> <br /> 4<br /> <br /> in modern English. The publishers are Messrs.<br /> S. W. Partridge &amp; Co., of Paternoster Row,<br /> London, E.C. Their Majesties, King Edward<br /> and the German Emperor have intimated that they<br /> will be pleased to accept presentation copies.<br /> <br /> Mr, Justice Condé Williams, of the Supreme<br /> Court of Mauritius, who read _a paper some time<br /> ago at the Royal Colonial Institute on “ The<br /> Future of our Sugar Producing Colonies,” is about<br /> to publish an autobiography under the title of<br /> “From Journalist to Judge.”<br /> <br /> Judge Williams was editor of the Birmingham<br /> Daily Gazette in succession to Dr. Sebastian Evans,<br /> and was for a short period a member of the staff<br /> of the Zimes in Paris. His judicial experiences<br /> extend to South Africa, the West Indies and<br /> Mauritius.<br /> <br /> From Journalist to Judge” will be published<br /> by Mr. G. A. Morton, of 42, George Street, Edin-<br /> burgh.<br /> <br /> “Romantic Tales from the Punjab” (Con-<br /> stable), is the second and final instalment of a<br /> body of Indian stories collected by the Rev.<br /> Charles Swynnerton, on the North-West frontier of<br /> India, of which “Indian Night’s Entertainment ”<br /> (Stock), published ten years ago, was the first.<br /> Tt consists of the more important legends, and is<br /> adorned with over one hundred illustrations by<br /> native hands.<br /> <br /> The longest and most important legend is that<br /> of Raja Rasalu, consisting of twelve separate<br /> stories, each complete in itself, as spoken and<br /> sung by one or other of the three Punjabi bards,<br /> Sharaf and Jama of the Rawal Pindi District, and<br /> Sher of the Hazara District—with the exception of<br /> the first and last stories of the twelve, which,<br /> though mainly attributable to Sharaf, contain a<br /> few details from other story-tellers.<br /> <br /> The rest of the legends in the book, as “ Hir and<br /> Ranjha,” are also of great importance and most<br /> interesting ; while as well there are several short<br /> stories, a careful introduction, and an appendix<br /> containing many notes, and a selection of Punjabi<br /> verses in original from “ Hir and Ranjha,” with<br /> literal translations, and notes philological and<br /> explanatory.<br /> <br /> Professor G. F. Savage-Armstrong, author of<br /> “Stories of Wicklow” and “Ballads of Down,”<br /> is completing a novel which deals with Irish life<br /> in the nineteenth century. He is also writing<br /> miscellaneous poems for publication in volume<br /> form.<br /> <br /> Miss Rosa Nouchette Carey’s new novel “A<br /> Passage Perilous” (Macmillan) has made an<br /> excellent start, the sales of the first edition before<br /> publication being most satisfactory.<br /> <br /> THE AUTHOR.<br /> <br /> Miss Evelyn Sharp’s latest story, to be pub-<br /> lished immediately by Messrs. Macmillan, is called<br /> “The Children Who Ran Away.” It is meant to<br /> appeal to children about the same age as those who<br /> liked “The Youngest Girl in the School.” This<br /> latter popular story, by the way, is probably going<br /> to be translated into Italian. Miss Sharp’s “ ‘Three<br /> Story Readers,” published last spring, are doing<br /> well. They consist of very easy stories (original,<br /> of course), for children who only just know how to<br /> read, and the stories are just stories, and not<br /> directly instructive in any way: nothing about<br /> them suggests the lesson book.<br /> <br /> Hope Rea, author of “Tuscan Artists,” “* Dona-<br /> tello,” etc., has just completed for Messrs. George<br /> Bell &amp; Son, the “ Rembrandt” for their miniature<br /> series of the Painters. Hope Rea has arranged to<br /> spend the coming winter in Italy for the purpose<br /> of farther study and research connected with<br /> Italian art, and to supplement the material already<br /> acquired for a larger work on medieval and early<br /> Renaissance Art, which this writer has had on<br /> hand for some time.<br /> <br /> The Clarendon Press is publishing “ Selected<br /> Drawings from old Masters in the University<br /> Galleries, and in the Library at Christ Church,<br /> Oxford.” Part I. contains twenty drawings<br /> exactly reproduced in collotype. They are chosen<br /> and described by Mr. Sidney Colvin, Keeper of<br /> Prints and Drawings in the British Museum.<br /> <br /> Messrs. Macmillan &amp; Co. have decided to make<br /> their edition of “Thackeray’s Works” absolutely<br /> exhaustive. They have secured the services of the<br /> well-known Thackeray expert, Mr. Lewis Melville,<br /> author of the “Life of William Makepeace<br /> Thackeray,” etc. With his assistance they pro-<br /> pose to include in this edition a great number of<br /> scattered pieces from Thackeray’s pen, and illus-<br /> trations from his pencil, which have not hitherto<br /> been contained in any collected edition, and many<br /> of which have never been reprinted.<br /> <br /> Mr. Melville is also collating the volumes with<br /> the original editions, and providing bibliographical<br /> introductions and occasional footnotes.<br /> <br /> Mrs. Stepney Rawson’s new noyel will be pub-<br /> lished by Messrs. Hutchinson. It is a romance of<br /> the Romney Marsh and of Rye Town. The action<br /> takes place about 1820, and deals with the warfare<br /> of the landowners and the harbour folk of the<br /> Marsh at Rye, and also with the shipbuilding<br /> industry there, which has since dwindled. There<br /> is a strong love interest, and the story principally<br /> hangs on the personality of a young designer of<br /> boats and ships, who is apprenticed to the chief<br /> shipbuilder of the town.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR. 5<br /> <br /> Mrs. Rawson, who is peculiarly sensitive to the<br /> atmosphere of Place, has devoted herself to this<br /> little corner of Sussex which she finds packed with<br /> delightful traditions. She has written a number of<br /> stories of new and old Rye; these she hopes to<br /> publish in volume form later on.<br /> <br /> Mr. Hume Nisbet has been travelling for the past<br /> two years, and has been collecting material for<br /> future work. His next romance “The Trust<br /> Trappers ” will be published by Mr. J ohn Long in<br /> the spring of 1904. It deals with millionaires and<br /> corner syndicates. Besides being engaged upon an<br /> Australian romance, Mr. Nisbet is writing his auto-<br /> biography as author, artist and traveller. The<br /> author of “ A Colonial Tramp” has gone through<br /> many adventures by land and sea. This auto-<br /> biography will be profusely illustrated by himself.<br /> <br /> A new edition of “ The Care of Infants” by Dr.<br /> Sophia Jex-Blake will be published immediately by<br /> Mr. George Morton, of Edinburgh, as the first<br /> edition of 5,000 copies has been out of print for<br /> some little time.<br /> <br /> Mr. Bram Stoker’s new novel “The Jewel of<br /> Seven Stars” will be published this month by Mr.<br /> Heinemann. It is something in the vein of<br /> “ Dracula,” and part of it deals with the mysteries<br /> of ancient Egypt.<br /> <br /> Mr. Arthur A. Sykes’s collection of humorous<br /> and satirical pieces from Punch will be published<br /> this month by Messrs. Bradbury and Agnew, under<br /> the title of “Mr. Punch’s Museum, and Other<br /> Matters.” Mr. Sykes has previously brought out<br /> two volumes of reprints from the same source—<br /> “A Book of Words,” and “ Without Permission.”<br /> The book will also contain “ Life’s Little Pro-<br /> blems,” a semi-burlesque series which appeared in<br /> Pearson&#039;s Magazine a short while ago.<br /> <br /> Miss Edith ©. Kenyon is publishing a book<br /> through the Religious Tract Society entitled “A<br /> Queen of Nine Days, by her Gentlewoman Margaret<br /> Brown.” The central figure is Lady Jane Grey,<br /> and the story is told by a young lady who enters<br /> her service and remains faithful to her.<br /> <br /> Rita’s next novel “The Jesters,” will appear in<br /> the early autumn. Messrs. Hutchinson &amp; Oo. will<br /> publish it. Rita purposes spending the winter in<br /> South Cornwall to complete further work on which<br /> she is engaged.<br /> <br /> Miss O’Conor Eccles has recently published<br /> through Falion &amp; Co., of Dublin, a “ Reading Book<br /> on Domestic Economy for the Use of Irish Schools,”<br /> which is to be adopted by the Board of Education.<br /> It takes the form of a little story, and contains<br /> such simple, practical instructions as a good<br /> mother of the working-class would give her young<br /> daughter. :<br /> <br /> The Department of Agriculture has presented a<br /> copy to every village library in Ireland. The<br /> Technical Schools of France and Belgium have<br /> long had delightful illustrated primers dealing with<br /> Household Management, Hygiene, Gardening,<br /> Dairy Work, and rural life generally, treated on<br /> similar lines ; but, so far as we know, the volume<br /> referred to is the first of the kind introduced into<br /> schools in the United Kingdom.<br /> <br /> Mr. J. Beattie-Crozier’s “Civilisation and Pro-<br /> gress’ has been translated into Japanese by a<br /> Member of Parliament of Japan.<br /> <br /> We understand from Mr. Leonard Williams that<br /> he has been elected a corresponding member of the<br /> Royal Spanish Academy.<br /> <br /> ‘Fishing in Wales,” by Walter M. Gallichan<br /> (Geoffrey Mortimer) which was published a<br /> few months ago, is to be re-issued in a new edition,<br /> with a map and index. This author is writing a<br /> handbook on “ Angling” for Messrs. Pearson’s<br /> Popular Series; and he is publishing a volume on<br /> “Seville” in the Medieval Towns Series during<br /> the autumn.<br /> <br /> Early this month Mr. G. A. Morton will publish<br /> a book by Mr. Robert Aitken entitled “ Windfalls,”<br /> the contents being “Some Stray Leaves Gathered<br /> by a Rolling Stone.”<br /> <br /> Mr. Frankfort Moore’s new novel, “ Shipmates<br /> in Sunshine” (Hutchinson), is an open-air story,<br /> the action taking place on board ship and in the<br /> West Indies.<br /> <br /> Mr. Cutcliffe Hyne’s “‘McTodd” is a volume<br /> of stories published the other day by Messrs.<br /> Macmillan. McTodd is a ship’s engineer, Scotch,<br /> drunken, pugnacious, uncertificated, but a good<br /> mechanician. He relates his various adventures<br /> in the far north, on whaling trips, on shipboard,<br /> or in towns that reek of fish-curing. Need we<br /> say that McTodd has a conscience—of a kind !<br /> <br /> Miss Jetta S. Wolff has just published “Les<br /> Francais d’Autrefois,” Vol. I.—a short history of<br /> France, intended for learners of the language<br /> (Edwin Arnold). Miss Wolff has also lately<br /> written a series of object lessons in practical<br /> French, with a companion yolume containing<br /> translations and notes, ‘intended as a hand-book<br /> for teachers (Blackie &amp; Son). These, and a new<br /> collection of her little stories from the “ Lives<br /> of Saiuts and Mariyrs” (Mowbray), will appear<br /> shortly.<br /> <br /> Madame Mijatovich has been busy with the<br /> preparation of a second edition of her work, “The<br /> History of Modern Servia,” which was published a<br /> good aany years ago. She has now brought the<br /> history up to the accession of King Peter.<br /> Madame Mijatovitch is translating the Servian<br /> <br /> <br /> 6<br /> <br /> popular ballads on “ Kralyevitch Marko” (the<br /> King’s son Marko), who is the national hero of the<br /> Servians.<br /> <br /> «The Padre,” by Rose Harrison, author of<br /> “Esther Alington,” honorary secretary of the<br /> Children’s Protection League, will be ready in<br /> October. This is a story “ dedicated to all who<br /> live and work and love the Brotherhood.” _ Price<br /> 35. 6d. Itis being published by Richard J. James,<br /> 3 &amp; 4, London House Yard, E.C.<br /> <br /> It is authoritatively announced that six years ago<br /> the late Pope Leo XIII. charged Count Soderini<br /> with the task of writing a history of his pontificate.<br /> While leaving the Count entire freedom of judg-<br /> ment, the Pope placed numberless documents<br /> hitherto wholly secret at the writer’s disposal, and<br /> also dictated much material in explanation of his<br /> acts. Mr. F. Marion Crawford is acting in col-<br /> Jaboration with Count Soderini in the preparation<br /> of the Anglo-American edition, which will be<br /> published in London and New York by Messrs.<br /> Macmillan &amp; Co. The work will appear in all<br /> countries in 1904.<br /> <br /> Mrs. Humphry Ward has signed a contract<br /> with Messrs. Harper for her new story, which will<br /> begin to appear in Harper’s Magazine in June<br /> next, The original play written by Mrs. Ward,<br /> in collaboration with Mr. Louis Parker, is to be<br /> produced during the winter season in New York,<br /> with Miss Eleanor Robson in the leading part.<br /> “ Bleanor” is also to be produced in New York<br /> during November, and Mrs. Ward is now revising<br /> the play.<br /> <br /> Anthony Hope has finished a story, which will<br /> be published by Messrs. Hutchinson next year,<br /> entitled “ Double Harness.” Anthony Hope’s new<br /> comedy, “ Captain Dieppe,” founded on a story of<br /> his, and written in collaboration with Mr. Harrison<br /> G. Rhodes, is to be produced in America this<br /> autumn.<br /> <br /> Mr. Cosmo Hamilton has just published, through<br /> Messrs. Hurst and Blackett, a book called “‘ Cupid in<br /> Many Moods.” Isbister &amp; Co. is bringing out, at<br /> an early date, a novelised version of the play<br /> produced last September at the Comedy Theatre,<br /> “The Wisdom of Folly”; and a serious effort of<br /> Mr. Hamilton’s, “We of Adam’s Clay,” occupies a<br /> large portion of this month’s Smart Set, afterwards<br /> to make its appearance in book form simultaneously<br /> here and in America.<br /> <br /> Mr. Cosmo Hamilton’s dramatic version of<br /> Kipling’s “Story of the Gadsby’s” is the next<br /> production at the Haymarket. At present this<br /> busy author is hard at work on some commissions<br /> for plays. In two plays Mr. Hamilton is col-<br /> <br /> laborating with his wife, Miss Beryl Faber, the<br /> actress.<br /> <br /> THE AUTHOR.<br /> <br /> Mr. H. V. Esmond’s new comedy, “ Billy’s<br /> Little Love Affair,” is going well at The Criterion<br /> Theatre. It is preceded by Miss Rosina Filippi’s<br /> charming playlet, “The Mirror.”<br /> <br /> On Thursday evening, September 10th, 1903,<br /> Mr. Beerbohm Tree produced at His Majesty’s<br /> Theatre Shakespeare’s historical play,“ Richard IT.”<br /> It is a brilliant revival in every sense of the word.<br /> Mr. Tree has specially acknowledged his indebted-<br /> ness to Mr. Percy Anderson, who has designed and<br /> supervised the costumes; and to Mr. G. Ambrose<br /> Lee, of the Heralds’ College, who has directed the<br /> heraldry and ceremonial.<br /> <br /> We understand that some pupils of the Brussels,<br /> Antwerp and Bruges high schools are coming over<br /> to see this revival of “ Richard II.” The play has<br /> been selected as a subject for examination this<br /> year by the Belgian educational authorities.<br /> <br /> a<br /> <br /> PARIS NOTES.<br /> <br /> ee<br /> <br /> bee winter season seems likely to be one of<br /> great activity in the literary world, while<br /> the length of the theatrical programmes is<br /> alarming. So many new plays are announced that<br /> dramatic critics will certainly not have much rest.<br /> <br /> The recent death of M. Gustave Larroumet is<br /> a great loss to the world of letters. For some<br /> years M. Larroumet lectured on French literature<br /> at the Sorbonne. He wrote in the Revue Bleue,,<br /> the Revue des Deux-Mondes, the Revue de Paris,<br /> and the Temps. His work on the life and theatre<br /> of Moliére is a most complete criticism, but the<br /> book which was perhaps his greatest success was<br /> the one he consecrated to Marivaux.<br /> <br /> The death of another literary critic is just<br /> announced, a man whose name is perhaps nob<br /> widely known, but who was one of the interesting<br /> personalities of the Sainte-Beuve literary circle.<br /> M. Jules Levallois, who has just passed away, was<br /> Sainte-Beuve’s secretary. He worked, not only at<br /> the ‘‘ Lundis,” but also at the invaluable book on<br /> Port-Royal. In his day, M. Levallois was a great.<br /> authority on current literature. In the paper<br /> founded by Adolphe Guéroult he wrote the<br /> “ Variétés littéraires,” and his book reviews were<br /> considered as highly as Sarcey’s dramatic criti-<br /> cisms, Jules Levallois had almost outlived the<br /> group of literary friends he knew in the days of<br /> Sainte-Beuve, the de Goncourt brothers, Barbey<br /> d’Aurévilly, Alphonse Daudet, Hector Malot,<br /> Flaubert, About, and others. He retained his keen<br /> intelligence to the last, and_was as bright and<br /> active as a young man. He was a voracious<br /> <br /> reader, and only a few months ago he expressed<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR. 7<br /> <br /> his thankfulness that his eyesight was so good,<br /> He was then collecting a provision of books in the<br /> library of a mutual friend, and regretting that in<br /> our times people had given up reading, He<br /> belonged essentially to the old school, to the days<br /> when men had time to meet together and “ talk<br /> literature,” and his conversation was worth listen-<br /> ing to. One felt in his presence something of the<br /> atmosphere of the men of intellect with whom he<br /> had associated, for his memories and reminiscences<br /> were a part of himself, and gave a great charm to<br /> all that he said.<br /> <br /> A most interesting book has recently been pub-<br /> lished entitled “ Idées Sociales et Faits Sociaux.”<br /> It contains several lectures which were given last<br /> winter at the house of the Baroness Piérard.<br /> <br /> “ Le Socialisme et son Evolution” is the title<br /> of the lecture by M. Souchon, who tells us that the<br /> idea of socialism is as old as humanity. He traces<br /> it back to the Grecians and Romans, and shows<br /> the various stages through which it has passed.<br /> <br /> “ L’Organisation Professionnelle” is the practical<br /> side of the question, and this is a very thoughtful<br /> article. The most interesting chapter in the book<br /> is the one by M. Riviere, “Vingt Ans de Vie<br /> Sociale.” This is not so much an exposition of<br /> theories as a statement of experiences. M. Riviére<br /> is a practical man, who for the last twenty years<br /> has been watching the results of his own experi-<br /> ments, and who has discovered for the wheels of<br /> his machinery an excellent receipt for oil;<br /> “ Beaucoup de patience, non moins de fermeté, pas<br /> mal de respect pour la liberté de louvrier, avec<br /> addition de justice généreuse, affectueuse méme.”<br /> <br /> A volume of short stories and sketches by<br /> M. Georges Clemenceau, entitled “Aux Embus-<br /> cades de la Vie,” is well worth reading.<br /> <br /> There are in all some fifty stories arranged in<br /> three divisions: “Dans la Foi,” “Dans l’Ordre<br /> Etabli,” and “Dans l’Amour.”<br /> <br /> The subjects are all delicately handled, the<br /> stories themselves light, but there is much to read<br /> between the lines. In “Le Fétiche de Mokou-<br /> bamba,” we have a poor negro who is converted<br /> and reconverted times without number to the<br /> various beliefs and religions of the people who<br /> take an interest in him.<br /> <br /> Then there is a story of a German pastor who<br /> is unfortunate enough to wake up to the idea that<br /> there is no devil. His wife is horrified and thinks<br /> it her duty to leave him, and the members of his<br /> congregation decide that he must be an atheist.<br /> <br /> There is a most amusing story, too, of a poacher,<br /> which serves to show up the absurdity of certain<br /> laws. Another excellent study is “Justin<br /> Cagnard,” a type of the man who works mechanic-<br /> ally. He is described as a “ produit de l’accu-<br /> mulation quotidienne du labeur ancestral obstiné<br /> <br /> <br /> <br /> dans le méme sillon. Il était le rouage d’une<br /> machine dont l’impulsion venait uniquement de la<br /> Vitesse acquise des anciens. II n’était ni intelligent,<br /> puisqu’il ne concevait rien au deli de son métier,<br /> ni béte puisque’il suivait avec suects la routine<br /> des affaires... .” The whole volume is full of<br /> the thoughts and reflections of a keen observer of<br /> human nature,<br /> <br /> “Chez les Rois” is another book of short<br /> stories by Adolphe Aderer. The first of thege<br /> stories is, however, not fiction. It is entitled<br /> “ Meyerling,” and is supposed to be a true account<br /> of the celebrated tragedy of the Archduke Rudolf,<br /> The other sketches in the book are more or less<br /> improbable. ‘<br /> <br /> In “Sébastien Trume,” the new novel by M.<br /> Sauvage, we are introduced to a number of indivi-<br /> duals who are all in search of Utopia. Among<br /> them we havea man devoted to the occult sciences,<br /> a priest, a professor who is also a philosopher, an<br /> anarchist and a young man who listens to the<br /> theories and ideas of all the others, and can come<br /> to no conclusion about life and_ its meaning.<br /> When he is in despair, he is fortunate enough to<br /> fall in love with a young girl, who proves to him<br /> that in spite of all worries and difficulties life is<br /> well worth living.<br /> <br /> “Les Gens de Tiest,” by George Vires, is a book<br /> without any strong plot, and is only interesting<br /> as a study of life and customs in a quaint little<br /> Belgian town.<br /> <br /> “ Les Oiseaux s’envolent et les Fleurs tombent ”<br /> is the poetical title of the novel recently published<br /> by M. Elémir Bourges, one of the members of the<br /> Goncourt Academy, We are told that M. Bourges<br /> Spends about ten years in writing a book, and<br /> certainly these five hundred pages must have<br /> required a great amount of time. The scene is<br /> laid in Russia about the year 1845, and the whole<br /> story is full of action. It is distinctly melo-<br /> dramatic, treating of jealousy, the abduction of a<br /> child, and of a boy who is a Grand Duke, but grows<br /> up to manhood, believing himself to be a very ordi-<br /> nary individual. He is discovered asa Communist<br /> after the war of 1870, and destined by his parents<br /> to marry a princess, who proves to be the very<br /> girl with whom he has already fallen in love. The<br /> whole book is full of startling incidents, inter-<br /> spersed with a certain amount of philosophy.<br /> <br /> M. de Réenier’s novel « Mariage de Minuit,” is<br /> disappointing. One expects, perhaps, too much<br /> from a poet, and the tone of this book is distinctly<br /> common-place. It is just the story of a young<br /> orphan girl left without any means of support.<br /> A coasin takes compassion on her and offers her<br /> a home. This cousin is a widow and a woman<br /> of the world, Her reputation is not spotless,<br /> and the young girl’s,position is therefore extremely<br /> <br /> <br /> 8<br /> <br /> difficult. The characters are well drawn, but most<br /> of them are 80 uninteresting and vulgar that one<br /> regrets making their acquaintance. On the whole,<br /> there does not seem to be any raison d’ étre for a<br /> book of this kind.<br /> <br /> M. André Hallays has recently published a<br /> book entitled “A travers la France.” It is com-<br /> posed of notes taken during a ramble through<br /> Normandy, Touraine, Burgundy, and Provence.<br /> It is full of historical anecdotes and legends<br /> belonging to the places visited, so that it is an<br /> invaluable guide to anyone making a study of<br /> provincial France. :<br /> <br /> “Une Vie d’ambassadrice au siecle dernier,” by<br /> M. Ernest Davdet, is the biography of the Princess<br /> de Lieven, the celebrated woman who was so well<br /> known in French, Russian and English political<br /> circles from 1825 to 1857. The book is as<br /> interesting aS any novel, giving as it does so<br /> many anecdotes about the men and women of that<br /> epoch.<br /> <br /> Seyeral new writers are coming to the front, and<br /> among them M. Charles Recolin. “ Le Chemin<br /> du Roi,” by this author is a decided success. It<br /> is a story in which all the characters live. ‘Fhe<br /> theme is by no means new but it is worked out<br /> well. Andrette Jouanollou comes of a family<br /> which for more than four hundred years has lived<br /> in the Pyrenees. Her father is an artist whose<br /> two great interests in life are his daughter and his<br /> pottery. Andrette has been educated well, and<br /> has great talent as a poetess. A young farmer iS<br /> in love with her, but she ig romantic and dreads<br /> the thought of a prosaic existence. Just at this<br /> critical time a Parisian comes to the little village.<br /> He edits a review, and is in search of information<br /> concerning certain legends. The schoolmaster<br /> introduces him to Andrette, and the sequel is that<br /> the village girl, with her fresh, romantic ideas,<br /> marries the blasé Parisian. The story reminds<br /> one of the “ Princess. of Thule,” but the French<br /> story is more subtle and the analysis of character<br /> more delicately treated.<br /> <br /> Among other new novels recently published are<br /> “Te Rival de Don Juan,” by M. Louis Bertrand ;<br /> “Tes Paradis,” by Auguste Germain ; “La Com-<br /> tesse Panier,’” by M. de Comminges 5 “ Marilisse,”<br /> by M. Marcelin ; ‘Mademoiselle de Fougeres,”<br /> by Ernest Daudet ; “ Un Menage dernier eri,” by<br /> Gyp 3 * Flamen,” by Mme. Caro.<br /> <br /> Mile. Hélene Vacaresco has ]<br /> yolume of poems entitled “ Lueurs et<br /> among which are some gems.<br /> <br /> In the action brought by M. Léon de Rosny,<br /> the Orientalist, against MM. Boex, to restrain<br /> them from using the name of J. H. Rosny in<br /> signing their literary work, the plaintiff was non-<br /> suited, The Court held that as the brothers<br /> <br /> ust published a<br /> Flammes,”<br /> <br /> THE AUTHOR.<br /> <br /> Rosny had used that pen-name for seventeen years<br /> without any protest from M. Léon de Rosny, and<br /> that as their publications were of an entirely<br /> different nature from his, there could be no con-<br /> fusion caused by the brothers Rosny continuing<br /> to sign the name they had adopted.<br /> <br /> A literary convention has been concluded<br /> between France and Montenegro for a period of<br /> ten years. The two governments undertake to<br /> prevent any illicit reproduction of artistic and<br /> literary works on their respective territories.<br /> <br /> M. ‘Liebler has made arrangements with M.<br /> Henry Bataille for the production of this author’s<br /> new five-act play, “ Mademoiselle de la Valliere,” in<br /> se York. he piece is to be put on in London<br /> also.<br /> <br /> The principal play at the Sarah<br /> Theatre this winter will be “ La Sorciére,” by<br /> M. Sardou. The scene is laid in Toledo during<br /> the troubled times of the struggles with the<br /> Moors. The first night is announced for the end<br /> of November.<br /> <br /> M. Bour, who ran the International Theatre in<br /> Paris last year, has now taken over the Trianon<br /> Theatre and made arrangements for producing<br /> some extremely interesting new plays. He opens<br /> with one by M. Paul Loyson, the son of Pere<br /> Hyacinthe.<br /> <br /> M. Porel has a very long programme for us this<br /> season, and Madame Réjane has some important<br /> creations. Among the new pieces are “ Antoinette<br /> Sabrier,” by Romain Coolus ; “La Meilleure Part,”<br /> by MM. Pierre de Coulevain and Pierre Decourcelle ;<br /> “Tes Menottes,” by MM. Simon and Xanrof.<br /> <br /> ‘he Odeon Theatre opens with “ Resurrection,”<br /> and is soon to produce the French version of<br /> «The Second Mrs. Tanqueray,” and later on<br /> «“ Plorise Bonheur,” by M. Brisson.<br /> <br /> Auys HaLLarD.<br /> <br /> Bernhardt<br /> <br /> —__—__-—&gt; +<br /> <br /> LITERARY, DRAMATIC, AND MUSICAL<br /> PROPERTY.<br /> <br /> ——<br /> Dumas Translations.<br /> <br /> N announcement has appeared in many of the<br /> literary papers that Messrs. Methuen &amp; Co.<br /> have commenced the publication of a new<br /> <br /> English translation of the novels of Dumas, under<br /> the editorship of Mr. A. R. Allinson. The notice<br /> states that Mr. Allinson’s competence is un-<br /> questioned and that he is assisted by a group of<br /> able scholars, and ends with these words, “It is a<br /> bold scheme, and we hope Messrs. Methuen will<br /> have an immense success with it.”<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> aeons<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> “matter: out of the 18th section<br /> <br /> THE AUTHOR. 9<br /> <br /> We should hope so too, did not a letter lie before<br /> us, written by the editor, inviting the co-operation<br /> of one not unknown as a writer and translator, on<br /> the following terms—a remuneration of 2s. per<br /> thousand words, printer’s estimate of length to<br /> be taken as final, and the translation to be issued<br /> in the name of the editor (Mr. Allinson) as being<br /> generally responsible for the whole series,<br /> <br /> If we work out the sum more completely, we<br /> find that a novel of 200,000 words would bring<br /> the translator £20.<br /> <br /> We do not know whether this “bold” offer<br /> emanates from the firm of Messrs. Methuen or<br /> from Mr. Allinson. But will it be accepted ? We<br /> trust not.<br /> <br /> For if the “able scholar” is writing for a liveli-<br /> hood, he will hardly attain it at this price. If<br /> for pleasure, it is not fair that he should undersell<br /> his fellow members of the profession of letters in<br /> the labour market.<br /> <br /> It is to be observed that the translator will not<br /> even gain the merit of his work which Mr.<br /> Allinson proposes to appropriate.<br /> <br /> ———+—_<br /> <br /> The Serial Use,<br /> <br /> Tux following point merits the attention of<br /> members of the Society :—An author wrote an<br /> article for an American magazine called Outing, a<br /> periodical holding a strong position in the United<br /> States, and copyrighted on both sides of the<br /> Atlantic. The member, so far as he was concerned,<br /> had no intention whatever of transferring to the<br /> magazine a larger portion of his property than the<br /> right to produce in serial form in that paper. The<br /> article was published in due course. Imagine his<br /> astonishment, however, when, at a later date, it re-<br /> appeared in an English magazine. He put his<br /> objection before the Editor of Outing and com-<br /> plained of the use thut had been made of his MS.<br /> The Editor pointed out to him that although<br /> perhaps he had not intended to convey the whole<br /> serial use, yet he had altered the receipt that<br /> had been forwarded to him in his own hand-<br /> writing from “ All rights to your MS.” to “The<br /> right of serial use, of your MS.” without in any<br /> way limiting the serial use. The member then<br /> referred the matter to the Secretary of the Society<br /> in order to obtain a decision as to his exact legal<br /> position, and was informed that, under the circum-<br /> stances of the case, the Editor of Outing was acting<br /> entirely within his rights.<br /> <br /> The point to which the attention of members<br /> must be called is (1) to be careful when they<br /> enter into contracts with editors of magazines<br /> as to the rights which they sell ; (2) to take the<br /> of the Act by<br /> <br /> making an express contract ; and (3) to limit the<br /> express contract to serial use in one issue of the<br /> magazine.<br /> <br /> Tt was not long ago that Mr. Longman, at the<br /> meeting of the Publishers’ Association, complained<br /> of this sale without limitation of serial rights, and<br /> the serious loss that might result to a publisher<br /> who purchased the copyright without knowledge<br /> of this contract. The point was dealt with in<br /> detail in The Author.<br /> <br /> ot<br /> <br /> Nethersole +. Bell.<br /> <br /> Ty the above-named case, an action was brought<br /> by Miss Olea Nethersole for infringement of her<br /> rights ina play called Sapho,” which was written<br /> by Clyde Fitch, the well known American<br /> dramatist, and taken from Monsieur Daudet’s<br /> novel. The defendants also produced a play called<br /> “Sapho,” and put forward in their defence that<br /> their play was written in Australia in 1899, before<br /> the date of Mr. Fitch’s play, and was an adaptation<br /> from an English translation of the novel.<br /> <br /> The first point to be decided in this, as indeed in<br /> every question of infringement of copyright, is how<br /> far one play corresponds with or appears to have been<br /> taken from the other. This point must be settled<br /> on general principles, and for this reason the<br /> matter was referred to a theatrical expert, Mr.<br /> Seymour Hicks. The second question to be<br /> decided is whether the evidence shows that both<br /> plays were taken from an original source, or<br /> whether one play or, at any rate, great parts of it<br /> were taken from the other. Mr. Seymour Hicks’<br /> report has not been set forth in any of the papers,<br /> but it would appear that he had no doubt in his<br /> mind that the play of the defendants contained<br /> great portions of the action of Mr, Fitch’s play.<br /> The second question then had to be determined.<br /> Whether it was possible that the defendants could<br /> have written their play from a common origin, or<br /> whether there was any deliberate adaptation from<br /> the other work. Mr. Justice Farwell, in summing<br /> up, came to the conclusion that he was unable to<br /> accept the explanation of the defendants that<br /> nothing was taken from Mr. Fitch’s play. He<br /> found it impossible to think that so many similari-<br /> ties were merely coincidences, and he gave jude-<br /> ment for the plaintiff with costs,<br /> <br /> Every verdict in a case of this kind adds some<br /> fresh argument, and some further evidence as to<br /> the manner and method by which a case of infringe-<br /> ment should be determined. Therefore the judgment<br /> should be studied, As, however, an infringement<br /> of copyright is not essentially a matter of law, but<br /> of fact, the ultimate verdict must in most cases be<br /> doubtful.<br /> <br /> <br /> <br /> <br /> 10<br /> <br /> Springfield *. Thame.<br /> <br /> THs was a case of infringement of copyright of<br /> a different kind from that set forth in Nethersole v.<br /> Bell. The plaintiff wrote an article on a piece of<br /> news, describing an escape from drowning of Dr.<br /> MacHardy, Professor of Ophthalmology at King’s<br /> College Hospital.<br /> <br /> The article was produced, subject to considerable<br /> editorial alteration, in the Daily Mail, and also<br /> appeared in the W estminster Gazette and in the<br /> Daily Chronicle. The Evening Standard reprinted<br /> the article with very slight alteration from the<br /> Daily Mail version, and the plaintiff demanded<br /> full payment, but was refused on the ground that<br /> the article had not come direct from him. The<br /> defendants, however, offered the sum of 2s. 6d.,<br /> which was not accepted.<br /> <br /> It is an exceedingly difficult matter to give a<br /> fair exposition of a case of this kind, unless it is<br /> possible to quote the original paragraph as written<br /> by the plaintiff, the paragraph in the Daily Mail,<br /> and the paragraph that appeared in the Avening<br /> Standard, but the Judge, Mr. Justice Joyce,<br /> evidently came to the conclusion that the editor of<br /> the Daily Mail had so altered the paragraph that<br /> although he had taken the piece of news from the<br /> plaintiff he had virtually made the paragraph his<br /> own by the alteration. But the plaintiff had been<br /> paid for the use the editor of the Daily Mail had<br /> made of his work. The cutting from the Evening<br /> Standard was merely a statement of a piece of<br /> news, though his Lordship seemed to think that if<br /> the Daily Mail had inserted the plaintiff&#039;s “copy”<br /> verbatim et literatim, and the Evening Standard had<br /> then printed the paragraph, they would have been<br /> liable. The Judge therefore came to the conclusion<br /> that the plaintiff’s action must fail.<br /> <br /> The Referee, the following week, making fun of<br /> the eccentricities of Copyright Law, wrote as<br /> follows :—<br /> <br /> “Now that an English Judge has decided that a sub-<br /> editor altering a word or two in a paragraph becomes the<br /> author, the Incorporated Society of Authors is going to get<br /> rid of its committee of original writers and fill up the<br /> vacancies with sub-editors.<br /> <br /> “THE NEw CoPYRIGHT.<br /> “The greatest author on the earth<br /> Sent in a par. of passing worth,<br /> <br /> J, changing ‘sailor’ into ‘tar,’<br /> Became the author of the par.”<br /> <br /> ———————__+——_+_____<br /> <br /> CIVIL LIST PENSIONS.<br /> <br /> —<br /> <br /> HE following is the list of pensions for 1902<br /> to March, 1908. This statement always<br /> draws the attention of members of the<br /> <br /> literary profession, as one of the first objects of<br /> the Act is to reward those who, “ by their useful<br /> <br /> THE AUTHOR.<br /> <br /> discoveries in science and attainments in literature<br /> and the arts have merited the gracious considera-<br /> <br /> tion of their sovereign and the gratitude of their<br /> country.”<br /> <br /> It is instructive to follow the extent to which<br /> these purposes have been fulfilled :—<br /> <br /> 1902.— May 8.<br /> Miss Rhoda Broughton, in consideration of her merits £<br /> as a writer of fiction ... me a wae ae 18<br /> Mrs. Adelaide Fanny Eyre, in consideration of the<br /> services of her late husband, Mr. Edward John Eyre,<br /> the Australian Explorer and Governor of Jamaica 100<br /> William Raymond Fitzgerald, George Francis Fitz-<br /> gerald, and John Jellett Fitzgerald ... ane ... 100<br /> During the minority of any one of them, and in<br /> recognition of the services rendered to Science<br /> and Education by their late father, Professor<br /> George Francis Fitzgerald, F.R.S.: in trust to<br /> their mother, Mrs. Harriet Fitzgerald.<br /> Mr. Worthington George Smith, in consideration of<br /> his services to Archeology and Botanical illustra-<br /> tion, and of his inadequate means of support<br /> <br /> ore<br /> <br /> September 12.<br /> <br /> Mrs. Zaré Elizabeth Blacker, in recognition of the<br /> services of her late husband, Dr. A. Barry Blacker,<br /> M.D., who lost his life through his devotion to<br /> medical research ae oe ae ees 120<br /> <br /> October 21.<br /> <br /> Mr. Justin McCarthy, in recognition of his services<br /> to literature... or ae Be x -- 250<br /> <br /> Mrs. Margaret Duncan Adamson, in consideration of<br /> the services rendered to Philosophy by her late<br /> husband, Professor Robert Adamson, and of her<br /> straitened circumstances ges ee ee ie<br /> <br /> Miss Florence Buchanan, in consideration of her<br /> scientific researches and consequent failure of<br /> sight, and of her inadequate means of support .. 50<br /> <br /> December 20<br /> <br /> Miss Beatrice Hatch... aa si ae 23<br /> Miss Ethel Hatch ves ees cae ae se e:<br /> Miss Evelyn Hatch ee cae aoe a cus<br /> In consideration of the services of their father, the<br /> late Rev. Edwin Hatch, in connection with<br /> Ecclesiastical History, and of their straitened<br /> circumstances, such pensious to be additional<br /> <br /> to their existing pensions.<br /> <br /> 1903.—March 25.<br /> Mr. James Sully, in recognition of his services to<br /> Psychology --- es ee oon Sos oe<br /> Mr. Alexander Carmichael and Mrs. Mary Frances<br /> Carmichael, jointly and to the survivor of them,<br /> in recognition of Mr. Carmichael’s services to the<br /> study of Gaelic Folk Lore and Literature ... io oe<br /> Miss Mary Elizabeth Maxwell Simpson, in considera-<br /> tion of the eminence as a chemist of her late father,<br /> Professor Maxwell Simpson, and of her straitened<br /> circumstances ... Oe ves a8 ove ee<br /> Miss Bertha Meriton Gardiner, in consideration of the<br /> eminence of her late husband, Mr. 8. R. Gardiner,<br /> asa historian .. ets see i ase on<br /> Mrs. Jane Earle, in consideration of the services of<br /> her late husband, Professor John Earle, to English<br /> Literature and Philology AS aes sk DO.<br /> <br /> 105<br /> <br /> 40<br /> <br /> 78<br /> <br /> <br /> <br /> Tol «ee ee<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR. 11<br /> <br /> A MUSIC PUBLISHERS’ PROFITS.<br /> <br /> te<br /> <br /> WRITER in The Vocalist, a paper whose<br /> opinion no doubt thrills the musical world,<br /> has thought fit to criticise an article that<br /> <br /> appeared in the January, 1903, number of The<br /> <br /> Author.<br /> <br /> This article to which readers are particularly<br /> referred was entitled “ A Musical Agreement,” and<br /> set forth one ef those antediluvian documents<br /> which the musical publisher is still in the habit of<br /> imposing on the author of music. The comments<br /> accompanying were drastic, but well deserved.<br /> The end of the article set out a few figures of the<br /> cost of musical publication and of the musical<br /> publisher’s profits.<br /> <br /> The writer in The Vocalist, like a skilful advo-<br /> cate, ignores the terms of the agreement and the<br /> caustic remarks—perhaps he catches a scintillation<br /> of truth—and proceeds to expose to his own satis-<br /> faction the falsity of the figures. In his trite<br /> criticism he sneers at the writer—‘a little know-<br /> ledge may prove a dangerous thing.” He then<br /> proceeds to show not only how impossible it is for<br /> a music publisher to make a fortune, but how for<br /> an absolute certainty he is bound to become bank-<br /> rupt. The retort is obvious, “if a little knowledge<br /> is a dangerous thing,” “too much learning hath<br /> <br /> made him mad.”<br /> Please note his figures, the following is an<br /> extract from his luminous statement—<br /> <br /> “When a song is published, the first thing to be done is<br /> to place it on the market, which may be done in three<br /> different ways, according to the intention of the publisher,<br /> whose common experience is that although the first is a<br /> sine quad non, the two others are essential to commercial<br /> success.<br /> <br /> “(1) By empowering a traveller to tour the country with<br /> a copy of the song in question amongst his samples,<br /> soliciting orders for ‘the latest novelties,” from the retail<br /> trade, i.e., the music seller.<br /> <br /> (2) By engaging popular singers to warble the strains<br /> of ‘the latest novelty’ at their public engagements, before<br /> their highly expectant audiences.<br /> <br /> ** (3) By advertising this latter fact in the columns of a<br /> daily newspaper, which is usually done on the front page<br /> of The Duily Telegraph.<br /> <br /> “Now these three things are usually made to work<br /> together,<br /> <br /> “We must therefore calculate, although somewhat<br /> toughly, the cost of carrying out these operations.<br /> <br /> “Cost of No. 1.—A traveller&#039;s expenses cannot work out<br /> at much less than £6 per week; his remuneration is<br /> probably from £1 to £3 a week fixed wages, plus a 10 per<br /> cent. commission ; but whatever his system of remuneration,<br /> it must surely amount to not less than £4 a week, judging<br /> by the superior class of man that must necessarily be<br /> engaged in this work. This works out at £10 a week, or<br /> allowing for a period during which the weekly expenditure<br /> is withheld while on holiday, £400 a year cost to the<br /> publisher, Now, assuming that the traveller has ten<br /> novelties constantly going, and calculating that one half<br /> <br /> of his usefulness is to push novelties, it means £200 is<br /> spent in ‘pushing’ say twenty novelties a year ; in other<br /> words the proportionate share of each song towards this<br /> expense is £10 a year,<br /> <br /> “Obviously this is but a rough calculation, but it is<br /> based on the facts as known by practical experience,<br /> <br /> “The cost under heading No. 2 is by no means easy to<br /> apportion, for although a publisher knows quite well that<br /> a good hearing is absolutely necessary to secure orders from<br /> his customers, the singers also know quite as well that their<br /> services have such a distinct market value that they are<br /> able to command high prices ‘for taking up ’ new songs,<br /> It is quite true that some singers sing songs simply because<br /> they suit the voice, or because the songs are artistic and<br /> appeal to their better feelings, but such cases are compara-<br /> tively rare, and the majority of singers still sing royalty<br /> songs for royalties’ sake. Far be it from me to say that if<br /> a singer has assisted to earn money for the publisher and<br /> the royalty owner, he or she is not fairly entitled to some<br /> of the spoil. But the risk to the publisher under existing<br /> <br /> _ conditions is, nevertheless, considerable, for it is well known<br /> <br /> how useless it is to try any one or two singers for one or<br /> two dozens (this has become the trade term for professional<br /> assistance)—if it be done at all it should be done thoroughly,<br /> and a gross of programmes is perhaps the very fewest that<br /> can be of any material service, Now, supposing the price<br /> per programme be taken at an average of seven shillings,<br /> this means casting about £50 as bread upon the waters,<br /> hoping to find it after very many days of patient watchine<br /> and waiting. .<br /> <br /> “So far the cost of making each song known to the<br /> public is £60.<br /> <br /> “ Cost under heading No. 3.—We now come to what may<br /> at first sight seem to be the least necessary, and the least<br /> profitable expense in connection with farming songs, ie.,<br /> advertising the fact of its being sung by a certain singer at<br /> a certain place on a certain day in a certain paper. Whether<br /> this be profitable or no, I am not prepared to express my<br /> candid opinion ; it is sufficient that custom has made it<br /> almost absolutely necessary. Now, the cost of advertising<br /> In Lhe Daily Telegraph (the recognised medium) is about<br /> 5s. for the insertion of each song ; six insertions a week,<br /> therefore, amount to £1 10s. (no reduction on taking a<br /> quantity), or for—say three months, £18.<br /> <br /> “It will thus be seen that in addition to the initial cost<br /> of printing 2,000 copies of a song (which, bear in mind, the<br /> writer of the article in The Author generously puts at £15)<br /> other expenses amounted to £78, It is not for one moment<br /> suggested that a publisher expends as much on exploiting<br /> each of all the songs he publishes, but on an average it may<br /> be taken as a reasonable estimate of the expense he incurs<br /> in the case of songs that he reasonably hopes to sell.”<br /> <br /> It will be seen this man of knowledge takes £78<br /> as a not unreasonable figure for advertising one<br /> song. His words are “on an average,” ete,<br /> <br /> The case must not be overstated, say then<br /> £60.<br /> <br /> He accepts the cost of production, quoted in<br /> The Author of January—£15 for 2,000 copies—<br /> with a sneer. “ Many publishers,” he says in the<br /> early part of this article, “ would be only too pleased<br /> to publish a song on these terms.”<br /> <br /> We will accept the same figure,<br /> <br /> So far, then, in our efforts to save the publisher<br /> from bankruptcy, let the cost of production be<br /> limited to £75: £15 printing, etc., for 2,000<br /> copies, £60 for advertising and marketing.<br /> <br /> <br /> <br /> <br /> 12<br /> <br /> He then continues :<br /> <br /> ** “We leave for the present the question of rent, salaries,<br /> And other incidental expenses of maintaining the up-keep<br /> of an office, which are part and parcel of the machinery of<br /> publishing a song, for each song clearly has to bear its share<br /> of these expenses, which, it is needless to say, are heavy.<br /> So far we have dealt only with the expense of what is known<br /> as “placing a song on the market,” and it can easily be seen<br /> that the mere printing of copies is but a trifle compared<br /> with the greater expense of dealing with the copies when<br /> printed. Now let us turn to the more important question<br /> of selling them. Happy, indeed, is the man who positively<br /> knows that he will certainly sell 1,500 of the 2,000 copies<br /> he has made, even if two, or, if you will, ten years are<br /> allowed for doing it. Why, the actual experience of pub-<br /> lishers is, that on an average, taking large houses (which<br /> can always command some gort of sale) with the small, only<br /> one song in twenty ever exceeds a sale of 1,000 copies, and<br /> songs which reach a sale of 5,000 in a year are quite excep-<br /> tional, and it is safe to say that out of every fifty songs<br /> published in London, at least forty never see a second<br /> edition, and of the other ten only one or two go into a fifth<br /> edition. So much, then, for the numbers. But what of<br /> prices? The contributor to Zhe Author calculates that the<br /> net return is ls. 2d. per copy.<br /> <br /> This ignorance is tantalizing to the publisher, and provokes<br /> exasperation. Why, the novelty rate is never higher than<br /> one-sixth of the marked price (4s.) which, of course, is only<br /> Sd. each, and very many novelties are sold in the present<br /> days of keen competition at one-eighth, which is only 6d.<br /> each. We will not mention lower rates, although they are<br /> known to most music publishers. This rate, obviously, is<br /> not permanent ; if it were, the publisher could not continue<br /> his business for six months, unless he carried it on as a<br /> hobby, or were actuated by philanthropic motives. No! as<br /> soon as a song shows vitality, and * is asked for” over the<br /> music-seller’s counter, then a ray of hope does indeed enter<br /> the counting-house, for he is able to raise his prices, and<br /> when the music-seller orders what he requires, he has to pay<br /> in the early days of success 10d. per copy ;_ but if the song<br /> has reached a certain height of prosperity, he pays an even<br /> shilling, provided he can order a quantity at a time ; if,<br /> however, he requires only a few, then the contributor to<br /> The Author is actually correct, the publisher really and<br /> truly receives ls. 2d. entire.<br /> <br /> Tn the above I have, perhaps, exposed certain trade<br /> secrets; but there are few people who are nowadays not<br /> more or less acquainted with them. I may be pardoned,<br /> therefore, if I have exposed one of the most fallacious<br /> statements ever uttered in a respectable paper of any status<br /> or standing.<br /> <br /> But I have not exhausted the subject by any means, and,<br /> although I must not presume on the space allotted to me, I<br /> must breathe a sigh over bad debts and long credits which,<br /> in the music trade, are without parallel elsewhere. These<br /> have to be provided for, however, and, even in the case of<br /> most cautious publishers they are a very serious item.”<br /> <br /> He is tantalised and provoked to exasperation.<br /> To ease his mind he blurts out strange trade secrets,<br /> that seemingly pervert all the politico-economical<br /> doctrines of supply and demand. For in this<br /> remarkable trade a large demand with infinite<br /> capacity for supply—reproduction is simple and<br /> expansive-—makes the product dearer, not cheaper.<br /> <br /> But his figures are no doubt correct.<br /> <br /> Again, to give his figures every advantage, in<br /> order if possible to save him from the ruin, which,<br /> according to the statement, must be the unenviable<br /> <br /> THE AUTHOR.<br /> <br /> end of “all those rash enough to produce songs,<br /> let it be supposed that the average price of each<br /> song is 10d., and that 1,500 out of the 2,000 are<br /> sold (an absurd estimate, according to his<br /> figures). He would then realise 15,000 pence,<br /> or 1,250 shillings, or £62 10s. On each song,<br /> therefore, he loses £75 — £62 10s. = £12 10s.<br /> Therefore, on the 40 songs out of the 50 he loses<br /> <br /> 40 x 124= 40 % 25 = LOO&quot; = £500.<br /> <br /> It is evident that the bankruptcy court must<br /> claim its victim. For if the publisher’s actual<br /> figures are taken, his loss must at the lowest<br /> computation be half as large again.<br /> <br /> It cannot be that, to save himself from this pre-<br /> ordained destruction, he sucks the blood of the<br /> composer.<br /> <br /> Perhaps other members of this generous class<br /> of philanthropic tradesmen who, so it is rumoured,<br /> make their contracts by word of mouth across their<br /> dining tables over the nuts and wine, may repudiate<br /> with indignation such a statement.<br /> <br /> But what does the musical composer say ?<br /> <br /> i<br /> <br /> MAGAZINE CONTENTS.<br /> <br /> ear<br /> BLACKWOOD’S MAGAZINE<br /> <br /> ONTAINS a graphic description by Mr. Reginald<br /> C Wyon of what he has seen in Macedonia, and other<br /> articles in the number are :<br /> <br /> The Homes and Haunts of Edward Fitzgerald. By his<br /> grand-niece, Mary Bleanor Fitzgerald Kerrich.<br /> <br /> ‘An Irish Salmon River. By Sir Herbert Maxwell.<br /> <br /> The Man Who Knew. A short story by Perceval<br /> Gibbon.<br /> <br /> Personalia : Political, Social, and Various. By Sigma.<br /> <br /> Translations from Leopardi. By Sir Theodore Martin,<br /> K.C.B.<br /> <br /> Scolopaxiana : How to Walk for and Shoot Snipe.<br /> <br /> Marco Polo. By Charles Whibley.<br /> <br /> Lord Salisbury ; Humiliation ; Musings Without Method.<br /> <br /> ‘A Malay Deer Drive. By George Maxwell.<br /> <br /> The Fiscal Crisis.<br /> <br /> Tur CORNHILL MAGAZINE.<br /> <br /> Barlasch of the Guard (Chapters xxviiii—xxx.). By<br /> Henry Seton Merriman (concluded).<br /> <br /> In Guipuzcoa, II, By Mrs. Woods.<br /> <br /> The Old Colonial System and Preferential Trade. By<br /> Sidney Low, L.C.C.<br /> <br /> “Rachel.” By Hugh Clifford, C.M.G.<br /> <br /> Some Recent Speculations on the Constitution of Matter.<br /> By W. A. Shenstone, F.R.S.<br /> <br /> The Pleasures of Fishing. By Stephen Gwynn.<br /> <br /> “ Sportie.” By Miss Constance B. Maud.<br /> <br /> ‘A Visit to “ Le Procts Humbert.”<br /> <br /> Doggerel Ditties. By Dogberry.<br /> <br /> <br /> <br /> <br /> <br /> BRON AISI<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Sos<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR. 13<br /> <br /> A Pastoral.<br /> Poetic Justice.<br /> The Lapse of the Professor.<br /> <br /> By the Rev. H. G. D. Latham.<br /> By W. Basil Worsfold.<br /> By Arthur H. Henderson.<br /> <br /> FORTNIGHTLY REVIEW.<br /> <br /> Mr. Balfour’s Economic Creed.<br /> Lord Salisbury. By Sidney Low.<br /> The Evolution of French Contemporary Literature. By<br /> Octave Uzanne.<br /> The Fiscal Problem—<br /> () Article by Professor W. T. Hewins.<br /> (2) Sir Robert Peel and Mr. Chamberlain.<br /> Spender.<br /> (3) Will a Preference Tariff oppress the Poor ? By<br /> David Christie Murray<br /> War Commission Report. By Major Arthur Griffiths,<br /> The Macedonian Question. By H. N. Brailsford.<br /> Legend and Marie Bashkirtseff, By Prince Kara-<br /> georgvich.<br /> French Friendship and Naval Economy. By Archibald<br /> 8. Hurd.<br /> Children’s Prayers and Prayer Manuals.<br /> H. Cooper.<br /> What Ireland Really Needs. By Sampson Morgan.<br /> A Maker of Empire. S. F. Bullock.<br /> The Questioners. By Herbert Trench.<br /> Theophano: The Crusade of the Tenth<br /> Frederic Harrison.<br /> Correspondence—<br /> (1) The Coming Ireland.<br /> (2) Mankind in the Making,<br /> <br /> By Harold<br /> <br /> By Edward<br /> <br /> Century.<br /> <br /> By Lady Bathurst.<br /> By Sir Wm. Bennett,<br /> <br /> LONGMAN’S MAGAZINE,<br /> <br /> Nature’s Comedian (Chapters vii., viii), By W. 5<br /> Norris,<br /> <br /> Wagers. By D. H. Wilson.<br /> <br /> Last Year. By A.C. S.<br /> <br /> A Michaelmas Move. By Chas. Fielding Marsh.<br /> <br /> Loafing-time. By Fred. Whishaw.<br /> <br /> Jellyby’s Plot.<br /> <br /> Egyptian Irrigation Works,<br /> A.M. Inst.C.E,<br /> <br /> Scholarship Howlers. By G. Stanley Ellis,<br /> <br /> At the Sign of the Ship. By Andrew Lang.<br /> <br /> By Lawrence Gibbs,<br /> <br /> MACMILLAN’S MAGAZINE,<br /> <br /> John Maxwell’s Marriage (Chapters xxix.—xxxii,), By<br /> Stephen Gwynn.<br /> <br /> Wreckage of Empire. By Hugh Clifford, C.M.G.<br /> <br /> The Sayings of Sir Oracle.<br /> <br /> Borough Councils and Rising Rates,<br /> Emmel, Ph.D.<br /> <br /> Hope.<br /> <br /> The Amusements of the People.<br /> <br /> Some Opinions of a Pedagogue.<br /> <br /> A Toiler’s Romance.<br /> <br /> The Irregulars of the N avy. By W. J. Fletcher,<br /> <br /> By Aloys N,<br /> <br /> By J. G. Leigh.<br /> By 8. T, Irwin.<br /> <br /> THE PALL MALL MAGAZINE,<br /> <br /> Phil May ; the Manand the Artist (with his last sketches<br /> in pen and pencil and coloured plates).<br /> <br /> The Brighton Road and the Motor Car. By C. G. Harper,<br /> (Illustrated by the Author.)<br /> <br /> The Discoverers of Radium. (With Portraits.)<br /> <br /> Hotels and Hotel Life in New York. (Ilustrated.)<br /> <br /> Literary Geography : the Lake Country. By William<br /> Sharp.<br /> <br /> Stories by Maurice Hewlett, John Oliver Hobbes, Sir<br /> F. C. Burnand, U, L. Sil berrad, and other well-known<br /> writers.<br /> <br /> .<br /> THE WorwD’s Work.<br /> <br /> Gladstone in his Last Days. Unpublished Sketch by A,<br /> S. Forrest. (Coloured frontispiece.)<br /> <br /> The March of Events: An Editorial Comment. (With<br /> full-page portraits of Mr. Gladstone (never before pub-<br /> lished), Mr. John Morley, M.P., Mr. Herbert Gladstone,<br /> M.P. (from special sittings), and the Hon. Whe Dp,<br /> Smith, M.P.),<br /> <br /> Mr. Balfour&#039;s Economics.<br /> <br /> German Agriculture under<br /> Dawson.<br /> <br /> Mr. Morley’s Life of Gladstone.<br /> C<br /> <br /> By Alfred Emmott, M.P.<br /> Protection, 3y W. H.<br /> <br /> By Augustine Birrell,<br /> K<br /> Why the Navy Costs so Much,<br /> The Day’s Work at W. H. Smith &amp; Son’s,<br /> <br /> Sculpture by Machinery. (Illustrated.)<br /> <br /> The Poor Man’s Cow. By Home Counties, (Illustrated.)<br /> <br /> The Trade Union Congress.<br /> <br /> A Teetotal Island. By Charles T. Bateman,<br /> <br /> What Theatres Cost. By Fitzroy Gardner.<br /> <br /> Russia in Manchuria. By Alfred Stead. (Illustrated.)<br /> <br /> The Art of Swimming. By Montague A. Holbein,<br /> Cllustrated.)<br /> <br /> The Social Life of the Soldier,<br /> (IUustrated.)<br /> <br /> The Royal Commission and the War Office.<br /> <br /> Ocean Sanatoria. By Eustace Miles.<br /> <br /> The National Physical Laboratory.<br /> Carpenter, Ph.D.<br /> <br /> Gymnastics for Girls. Clustrated.)<br /> <br /> The Coming of the Motor Cab. (Illustrated.)<br /> <br /> The Books of the Month, (With portraits of Mr. James<br /> Lane Allen, Ellen Thorneycroft Fowler (Mas. Felkin), Dr,<br /> William Barry, Mr. Bernard Shaw.)<br /> <br /> The World of Women’s Work.<br /> <br /> Among the World’s Workers,<br /> <br /> By Archibald 8. Hurd,<br /> (ustrated.)<br /> <br /> 3y Horace Wyndham.<br /> <br /> By W. C. H.<br /> <br /> QUARTERLY REVIEW.<br /> <br /> The forthcoming number will contain the following<br /> articles among others :—<br /> <br /> Sophocles and the Greek Genius,<br /> <br /> The Religion of Napoleon I. By J. Holland Rose.<br /> <br /> The Novels of Mr, Henry James.<br /> <br /> Our Orchards and Fruit-Gardens, By W. E. Bear.<br /> <br /> The Time-Spirit in German Literature. By Walter<br /> Sichel.<br /> <br /> Leo XIII. and his Successor.<br /> Richard Bagot.<br /> <br /> Impressions of South Africa, 1901 and 1903.<br /> <br /> The Journal of Montaigne.<br /> <br /> Macedonia and the Powers.<br /> <br /> The War Commission and Army Reform,<br /> Wilkinson.<br /> <br /> Lord Salisbury.<br /> <br /> Protective Retaliation,<br /> <br /> Mr. Morley’s Life of Mr, Gladstone,<br /> <br /> ——1—~@—-<br /> TRADE NOTES.<br /> <br /> eee<br /> Land and Water (1902), Ltd.<br /> <br /> N | OTICE has been given that a petition for the<br /> winding up of the above company was<br /> on the 7th ult. presented to the Court by<br /> <br /> Spalding and Hodge, Ltd., of Drury Lane, London,<br /> creditors of the company, and that the said peti-<br /> tion will be heard betore Mr, Justice Buckley, at<br /> the Royal Courts of Justice, on the 27th inst.<br /> <br /> (Second Article.) By<br /> <br /> By Spencer<br /> <br /> <br /> 14 THE AUTHOR.<br /> <br /> WARNINGS TO THE PRODUCERS<br /> OF BOOKS.<br /> <br /> —— + —<br /> <br /> ERE are a few standing rules to be observed in an<br /> agreement. There are four methods of dealing<br /> <br /> with literary property :—<br /> I. Selling it Outright.<br /> <br /> This is sometimes satisfactory, if a proper price can be<br /> obtained, But the transaction should be managed by a<br /> competent agent, or with the advice of the Secretary of<br /> the Society.<br /> <br /> Il. A Profit-Sharing Agreement (a bad form of<br /> agreement).<br /> <br /> Tn this case the following rules should be attended to :<br /> <br /> (1.) Not to sign any agreement in which the cost of pro-<br /> duction forms a part without the strictest investigation,<br /> <br /> (2.) Not to give the publisher the power of putting the<br /> profits into his own pocket by charging for advertisements<br /> in his own organs, or by charging exchange advertise-<br /> ments. Therefore keep control of the advertisements.<br /> <br /> (3.) Not to allow a special charge for ‘office expenses,”<br /> unless the same allowance is made to the author.<br /> <br /> (4.) Not to give up American, Colonial, or Continental<br /> rights.<br /> <br /> “(.) Not to give up serial or translation rights.<br /> <br /> (6.) Not to bind yourself for future work to any publisher.<br /> As well bind yourself for the future to any one solicitor or<br /> <br /> doctor !<br /> <br /> Ill. The Royalty System.<br /> <br /> This is perhaps, with certain limitations, the best form<br /> of agreement. It is above all things necessary to know<br /> what the proposed royalty means to both sides. It is now<br /> possible for an author to ascertain approximately the<br /> truth. From time to time very important figures connected<br /> with royalties are published in Zhe Author.<br /> <br /> IY. A Commission Agreement.<br /> <br /> The main points are :—<br /> <br /> (1.) Be careful to obtain a fair cost of production,<br /> (2.) Keep control of the advertisements.<br /> <br /> (3.) Keep control of the sale price of the book.<br /> <br /> General.<br /> <br /> All other forms of agreement are combinations of the four<br /> above mentioned.<br /> <br /> Such combinations are generally disastrous to the author.<br /> <br /> Never sign any agreement without competent advice from<br /> the Secretary of the Society.<br /> <br /> Stamp all agreements with the Inland Revenue stamp.<br /> <br /> Avoid agreements by letter if possible.<br /> <br /> The main points which the Society has always demanded<br /> from the outset are :—<br /> <br /> 1.) That both sides shall know what an agreement<br /> means.<br /> <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 /> <br /> (3.) Always avoid a transfer of copyright.<br /> <br /> ——__+—&gt;_+__&quot;__<br /> <br /> WARNINGS TO DRAMATIC AUTHORS.<br /> <br /> Saar<br /> EVER sign an agreement without submitting it to the<br /> Secretary of the Society of Authors or some com-<br /> _ petent legal authority.<br /> 2. It is well to be extremely careful in negotiating for<br /> the production of a play with anyone except an established<br /> manager.<br /> <br /> 8. There are three forms of dramatic contract for plays<br /> in three or more acts :—<br /> <br /> (a.) Sale outright of the performing right. This<br /> is unsatisfactory. An author who enters into<br /> such a contract should stipulate in the contract<br /> for production of the piece by a certain date<br /> and for proper publication of his name on the<br /> play-bills,<br /> <br /> (b.) Sale of performing right or of a licence to<br /> perform on the basis of percentages on<br /> gross receipts. Percentages vary between 5<br /> and 15 per cent. An author should obtain a<br /> percentage on the sliding scale of gross receipts<br /> in preference to the American system, Should<br /> obtain a sum in advance of percentages. A fixed<br /> date on or before which the play should be<br /> performed.<br /> <br /> (c.) Sale of performing right or of a licence to<br /> perform on the basis of royalties (‘.¢., fixed<br /> nightly fees). This method should be always<br /> avoided except in cases where the fees are<br /> likely to be small or difficult to collect. The<br /> other safeguards set out under heading (0.) apply<br /> also in this case.<br /> <br /> 4, Plays in one act are often sold outright, but it is<br /> better to obtain a small nightly fee if possible, and a sum<br /> paid in advance of such fees in any event. It is extremely<br /> important that the amateur rights of one-act plays should<br /> be reserved.<br /> <br /> 5. Authors should remember that performing rights-can<br /> be limited, and are usually limited, by town, country, and<br /> time. This is most important.<br /> <br /> 6. Authors should not assign performing rights, but<br /> should grant a licence to perform. The legal distinction is<br /> of great importance.<br /> <br /> 7. Authors should remember that performing rights in a<br /> play are distinct from literary copyright. A manager<br /> holding the performing right or licence to perform cannot<br /> print the book of the words.<br /> <br /> 8. Never forget that United States rights may be exceed-<br /> ingly valuable. ‘hey should never be included in English<br /> agreements without the author obtaining a substantial<br /> consideration.<br /> <br /> 9. Agreements for collaboration should be carefully<br /> drawn and executed before collaboration is commenced.<br /> <br /> 10. An author should remember that production of a play<br /> is highly speculative: that he runs a very great risk of<br /> delay and a breakdown in the fulfilment of his contract.<br /> He should therefore guard himself all the more carefully in<br /> the beginning.<br /> <br /> 11. An author must remember that the dramatic market<br /> is exceedingly limited, and that for a novice the first object<br /> is to obtain adequate publication.<br /> <br /> As these warnings must necessarily be incomplete, on<br /> account of the wide range of the subject of dramatic con-<br /> tracts, those authors desirous of further information<br /> are referred to the Secretary of the Society.<br /> <br /> ——+——_—__—_<br /> <br /> WARNINGS TO MUSICAL COMPOSERS.<br /> <br /> —-—~&gt; + —<br /> <br /> ITTLE can be added to the warnings given for the<br /> assistance of producers of books and dramatic<br /> authors. It must, however, be pointed out that, as<br /> <br /> a rule, the musical publisher demands from the musical<br /> composer a transfer of fuller rights and less liberal finan-<br /> cial terms than those obtained for literary and dramatic<br /> property. The musical composer has very often the two<br /> rights to deal with—performing right and copyright. He<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> should be especially careful therefore when entering into<br /> an agreement, and should take into particular consideration<br /> the warnings stated above.<br /> <br /> a<br /> <br /> HOW TO USE THE SOCIETY.<br /> <br /> —_— +<br /> <br /> 1 VERY member has a right toask for and to receive<br /> : advice upon his agreements, his choice of a pub-<br /> lisher, or any dispute arising in the conduct of his<br /> business or the administration of his property. — The<br /> Secretary of the Society is a solicitor, but if there is any<br /> special reason the Secretary will refer the case to the<br /> Solicitors of the Society. Further, the Committee, if they<br /> deem it desirable, will obtain counsel’s opinion, All this<br /> without any cost to the member.<br /> <br /> 2. Remember that questions connected with copyright<br /> and publishers’ agreements do not fall within the experi-<br /> ence of ordinarysolicitors. Therefore, do not scruple to use<br /> <br /> the Society.<br /> <br /> 3. Send to the Office copies of past agreements and past<br /> accounts, with a copy of the 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 /> <br /> 4, Before signing any agreement whatever, send<br /> the document to the Society for examination.<br /> <br /> 5. Remember always that in belonging to the Society<br /> you are fighting the battles of other writers, even if you<br /> are reaping no benefit to yourself, and that you are<br /> advancing the best interests of your calling in promoting<br /> the independence of the writer, the dramatist, the composer.<br /> <br /> 6. The Committee have now arranged for the reception<br /> of members’ agreements and their preservation in a fire-<br /> proof safe. The agreements will, of course, be regarded as<br /> confidential documents.to be read only by the Secretary,<br /> who will keep the key of the safe. The Society now offers:<br /> —(1) To read and advise upon agreements and to give<br /> advice concerning publishers. (2) To stamp agreements<br /> in readiness for a possible action upon them. (3) To keep<br /> agreements. (4) To enforce payments due according to<br /> agreements. Fuller particulars of the Society’s work<br /> can be obtained in the Prospectus.<br /> <br /> 7. No contract should be entered into with a literary<br /> agent without the advice of the Secretary of the Society.<br /> Members are strongly advised not to accept without careful<br /> consideration the contracts with publishers submitted to<br /> them by literary agents, and are recommended to submit<br /> them for interpretation and explanation to the Secretary<br /> of the Society.<br /> <br /> This<br /> <br /> 8. Many agents neglect to stamp agreements.<br /> The<br /> <br /> must be done within fourteen days of first execution,<br /> Secretary will undertake it on behalf of members.<br /> <br /> 9. Some agents endeavour to prevent authors from<br /> referring matters to the Secretary of the Society ; sO<br /> do some publishers. Members can make their own<br /> deductions and act accordingly.<br /> <br /> 10. The subscription to the Society is £1 4s. per<br /> annum., or £10 10s. for life membership.<br /> <br /> 15<br /> THE READING BRANCH.<br /> <br /> ——&gt;—»<br /> <br /> EMBERS will greatly assist the Society in this<br /> N branch of its work by informing young writers<br /> of its existence. Their MSS. can be read and<br /> treated as a composition is treated by a coach. The term<br /> MSS. includes not only works of fiction, but poetry<br /> and dramatic works, and when it is possible, under<br /> special arrangement, technical and scientific works. The<br /> Readers are writers of competence and experience. The<br /> fee is one guinea,<br /> <br /> —————__+—~—<br /> <br /> NOTICES.<br /> —+—~&gt;—+—_<br /> <br /> HE Editor of The Author begs to remind members of<br /> <br /> the Society that, although the paper is sent to them<br /> <br /> free of charge, the cost of producing it would be a<br /> <br /> very heavy charge on the resources of the Society if a great<br /> <br /> many members did not forward to the Secretary the modest<br /> 5s. 6d. subscription for the year.<br /> <br /> Communications for Zhe Author should be addressed to<br /> the Offices of the Society, 39, Old Queen Street, Storey’s<br /> Gate, S.W., and should reach the Editor not later than<br /> the 21st of each month.<br /> <br /> All persons engaged in literary work of any kind,<br /> whether members of the Society or not, are invited to<br /> communicate to the Editor any points connected with their<br /> work which it would be advisable in the general interest to<br /> publish,<br /> <br /> i<br /> <br /> Communications and letters are invited by the<br /> Editor on all subjects connected with literature, but on<br /> no other subjects whatever. Every effort will be made to<br /> return articles which cannot be accepted.<br /> <br /> —1—~ +.<br /> <br /> The Secretary of the Society begs to give notice<br /> that all remittances are acknowledged by return of post,<br /> and he requests members who do not receive an<br /> answer to important communications within two days to<br /> write to him without delay. All remittances should be<br /> crossed Union Bank of London, Chancery Lane, or be sent<br /> by registered letter only.<br /> <br /> <br /> <br /> <br /> <br /> AUTHORITIES,<br /> <br /> —+—~&gt;—+<br /> <br /> HERE has been some mention in the papers<br /> , since the last issue of The Author of Russian<br /> copyright, and it has been suggested that<br /> it is possible to obtain protection in that country.<br /> Inquiries we have made do not confirm this state-<br /> ment. Even the Russian author himself cannot<br /> always obtain security, as different laws with regard<br /> to copyright hold in different portions of Russia.<br /> To begin with, the author who publishes in<br /> Russia, in order to obtain any protection must<br /> be a Russian. This is a sine gud non. Even then<br /> he does not always obtain what he wants.<br /> We understand, however, that Russia is taking<br /> <br /> <br /> 16<br /> <br /> steps (this understanding, like the proposal for<br /> copyright legislation in the Empire, has been<br /> prominent for many years) to consolidate all the<br /> local laws with a view to subsequent amendment.<br /> <br /> It is to be hoped that this development will be<br /> realised at no distant date.<br /> <br /> <br /> <br /> An article will be found in another column<br /> dealing with the commercial aspects of authorship,<br /> and refuting the contention of those who find that<br /> it suits their interests to deny the right of literature<br /> to have a commercial side. It was largely for the<br /> benefit of authors in their endeavour to understand<br /> the commercial possibilities of their work, and to<br /> secure the benefits from it which business-like<br /> methods afford, that the Society of Authors was<br /> founded, and has carried on its work ever since.<br /> <br /> Its members include men and women belonging to -<br /> <br /> all the three classes of writers into which the<br /> article in question divides authors, and the work<br /> which it carries on for individuals benefits authors<br /> as a whole, whether they be its members or not.<br /> From this point of view we would urge all writers<br /> to consider whether they are justified in accepting<br /> the advantages which the Society has gained for<br /> them without seeking to extend and increase those<br /> advantages for themselves and for others by joining<br /> the Society.<br /> <br /> -. We must record, if somewhat behind time, the<br /> marriage of Mr. Anthony Hope Hawkins, our late<br /> chairman, to Miss Elizabeth Sheldon, on the Ist<br /> of July. A number of present and former members<br /> of our committee combined with the President of<br /> the Society in presenting Mr. Anthony Hope<br /> Hawkins on the happy occasion with a silver punch-<br /> bowl and ladle as some token of their friendship<br /> and good wishes and appreciation of the services he<br /> has rendered the Society. The Society of Authors<br /> has never had a chairman who has been more devoted<br /> to its work, or has, by his unfailing courtesy,<br /> tact, and sound judgment, done more to promote<br /> its efficiency and success. All connected with it<br /> will, we are sure, unite in congratulations to Mr.<br /> Hawkins, coupled with the selfish hope that he<br /> may long be able to spare time to assist in its<br /> mavagement, and thus lighten the labour of his<br /> suCcCeSSOrs.<br /> <br /> Mempers of the Society have no doubt seen the<br /> letter which appeared in the papers towards the<br /> end of July, signed by the President and Chairman<br /> of the Committee, referring to the proposed public<br /> memorial to Sir Walter Besant.<br /> <br /> We are glad to have the opportunity to correct a<br /> <br /> THE AUTHOR.<br /> <br /> slight mistake which occurred in that letter. It<br /> stated that the sum of £340 was raised from among<br /> members of the Society only. This is not exactly<br /> true, as on looking through the list, we find two<br /> of the subscribers were not members of the Society.<br /> Messrs. A. P. Watt &amp; Son, of which firm Mr. A.<br /> P. Watt, for many years Sir Walter Besant’s<br /> literary agent and finally his literary executor, is<br /> senior partner, made a subscription of twenty-five<br /> guineas. This amount is included in the sum of<br /> £340.<br /> <br /> Aw offer was made, by a firm whose only excuse<br /> can be that they do not hold the highest position in<br /> the rank of publishers, of £10 for an original novel<br /> of 60,000 words from the pen of a writer not<br /> altogether unknown for his ability, but unfortu-<br /> nately notorious for his chronic impecuniosity.<br /> The offer was, we are glad to say, rejected, If<br /> the work was worth printing at all, it was worth<br /> more than the amount stated.<br /> <br /> THE list of elections from October, 1902, to<br /> July 1903, will be published during the course of<br /> the month, as a supplement to the list of the<br /> Society already published.<br /> <br /> The cost of the Supplementary list will be two-<br /> <br /> pence.<br /> <br /> 1<br /> <br /> OBITUARY.<br /> <br /> ——<br /> <br /> R. WILLIAM WESTALL, the Novelist,<br /> died on Wednesday, the 9th of September,<br /> at the age of sixty-nine.<br /> <br /> He had been a supporter of the Society almost<br /> since its foundation. He joined in 1888.<br /> <br /> He was a writer of many novels, and although<br /> none of them ever became a great popular success,<br /> yet he was a sound craftsman and a careful worker,<br /> and knew well how to write an interesting book of<br /> incident and adventure. It is sad to have to<br /> chronicle the death of the older members.<br /> <br /> WE regret to announce also the death of the<br /> Rev. Prebendary Godfrey Thring, who had been a<br /> member of the society for nearly ten years. As a<br /> hymn writer he was exceedingly well known, some<br /> of his verses being the most popular in Hymns<br /> Ancient and Modern.<br /> <br /> His Church of England Hymn Book is now in<br /> the third edition.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> THE PERIL OF SHAKESPEAREAN<br /> RESEARCH.<br /> <br /> —_1—@—+—_<br /> <br /> OR some years past scarcely a month passes<br /> without receipt of a communication from a<br /> confiding stranger, to the effect that he has<br /> <br /> discovered some piece of information concerning<br /> Shakespeare which has hitherto eluded research.<br /> Very often has a correspondent put himself to the<br /> trouble of forwarding a photograph of the title-<br /> page of a late 16th or early 17th century book, on<br /> which has been scrawled in old-fashioned script<br /> the familiar name of William Shakespeare. At<br /> intervals, which seem to recur with mathematical<br /> regularity, I receive intelligence that a portrait of<br /> the poet, of which nothing is hitherto known, has<br /> come to light in some recondite corner of the<br /> country, and it is usually added that a contem-<br /> porary inscription settles all doubt of authenticity.<br /> <br /> I wish to speak with respect and gratitude of<br /> these confidences. I welcome them, and have no<br /> wish to repress them. But truth does not permit<br /> me to affirm that such as have yet reached me have<br /> done more than enlarge my conception of the scope<br /> of human credulity. I look forward to the day<br /> when the postman shall, through the generosity of<br /> some appreciative reader of my biography of Shake-<br /> speare, deliver at my door an autograph of the<br /> dramatist of which nothing has been heard before,<br /> or a genuine portrait of contemporary date, the<br /> existence of which has never been suspected. But<br /> up to the moment of writing, despite the good<br /> intentions of my correspondents, no experience of<br /> the kind has befallen me.<br /> <br /> There is something pathetic in the frequency<br /> with which correspondents, obviously of un-<br /> blemished character and most generous instinct,<br /> send me almost tearful expressions of regret that I<br /> should have hitherto ignored one particular docu-<br /> ment, which throws (in their eyes) a curious gleam<br /> on the dramatist’s private life. At least six times<br /> a year am I reminded how it is recorded in more<br /> than one obscure 18th century periodical that the<br /> dramatist, George Peele, wrote to his friend Marle<br /> or Marlowe, in an extant letter, of a merry meeting<br /> at a place called the “Globe” (which some take<br /> tobe a tavern). At that surprising assembly there<br /> were present, I am trustfully assured, not merely<br /> Edward Alleyn, the actor, not merely Ben Jonson,<br /> but Shakespeare himself, and together these cele-<br /> brated men are said to have discussed a passage in<br /> the new play of “ Hamlet.” The reported talk is<br /> at the best tame prattle. Yet here, if anywhere, I<br /> am often told, is Shakespeare revealed in uncon-<br /> stramed intercourse with professional associates.<br /> Are such revelations numerous enough, I am asked,<br /> to exeuse a biographer for overlooking this one ?<br /> <br /> 17<br /> <br /> Unfortunately for my informants’ argument, the<br /> letter in question is an 18th century fabrication of<br /> no intrinsic brilliance or wit. It bears on its<br /> dull face’ marks of criminality which could only<br /> escape the notice of the uninformed. It is not<br /> likely to mislead the critical. Nevertheless it has<br /> deceived many of my uncritical correspondents, and<br /> largely for this reason it has constantly found its<br /> way into print without meeting serious confutation.<br /> It may therefore be worth while setting its true<br /> origin and subsequent history on record. Nothing<br /> that I can do is likely in all the circumstances of<br /> the case to prevent an occasional resurrection of<br /> the bodiless and spiritless creation, but at present<br /> the meagre spectre appears to walk in various<br /> quarters unimpeded, and an endeavour to lay it<br /> here may not be without its uses.<br /> <br /> Through the first half of 1763 there was published<br /> a monthly magazine called the Theatrical Review,<br /> or Annals of the Drama, an anonymous miscellany<br /> of dramatic biography and criticism. It ceased<br /> at the end of six months, and the six instalments<br /> were re-issued as “ Volume I.” at the end of June,<br /> 1763; that volume had no successor.* The<br /> Theatrical Review, a colourless contribution to<br /> the journalism of the day, lacked powers of<br /> endurance. All that is worth noting of it now<br /> is that among its contributors was at least one<br /> interesting personality. He was a young man of<br /> good education and independent means, who had<br /> chambers in the Temple, and was enthusiastically<br /> applying himself to a study of Shakespeare and<br /> Elizabethan dramatic literature. His name, George<br /> Steevens, acquired in later years world-wide fame<br /> as that of the most learned of Shakespearean com-<br /> mentators. Of the real value of Steevens’s scholar-<br /> ship no question is admissible, and his reputation<br /> justly grew with his years. Yet Steevens’s temper<br /> was singularly perverse and mischievous. His con-<br /> fidence in his own powers led him to contemn the<br /> powers of other people. He enjoyed nothing so<br /> much as mystifying those who were engaged in the<br /> same pursuits as himself, and his favourite method<br /> of mystification was to announce anonymously<br /> the discovery of documents which owed all their<br /> existence to his own ingenuity. This, he admitted,<br /> was his notion of “fun.” Whenever the whim<br /> seized him, he would in gravest manner reveal to<br /> the Press, or even contrive to bring to the notice of a<br /> learned society, some alleged relic in manuscript or<br /> in stone which he had deliberately manufactured.<br /> His sole aim was to recreate himself with laughter<br /> at the perplexity that such unholy pranks invariably<br /> <br /> <br /> <br /> * Other independent publications of similar character<br /> appeared under the identical title in 1758 and 1772. The<br /> latter collected the ephemeral dramatic criticisms of John<br /> Potter, a well-known writer for the stage,<br /> <br /> <br /> <br /> 18<br /> <br /> aroused. It is one of these Puck-like tricks that<br /> has spread confusion among my correspondents.<br /> <br /> The Theatrical Review, in its second number,<br /> offered an anonymous biography of the great<br /> actor and theatrical manager of Shakespeare’s<br /> day, Edward Alleyn. This biography was clearly<br /> one of Steevens’s earliest efforts. It is for the most<br /> part an innocent compilation. But it contains<br /> one passage in its author’s characteristic vein of<br /> mischief, which requires close attention in this place.<br /> Midway in the essay the reader was solemnly assured<br /> that a brand-new contemporary reference to Alleyn’s<br /> eminent associate Shakespeare was at his disposal.<br /> The new story “ carries with it ” (he was told) “ all<br /> the air of probability and truth, and has never been<br /> in print before.” “A gentleman of honour and<br /> veracity,” ran the next sentences, which artfully<br /> put the unwary student off his guard, “ in the com-<br /> mission of the peace for Middlesex, has shown us a<br /> letter dated in the year 1600, which he assures us has<br /> been in the possession of his family, by the mother’s<br /> side, for a long series of years, and which bears all<br /> the marks of antiquity.” The superscription was<br /> interpreted to run, “For Master Henrie Marle<br /> livynge at the sygne of the rose by the palace.”<br /> There followed at full length the paper of which<br /> the family of the honourable and veracious gentle-<br /> man “in the commission of the peace for Middlesex ”<br /> had become possessed “ by the mother’s side.” The<br /> words were these :—<br /> <br /> “ FRIENDE MARLE,<br /> <br /> “1 must desyre that my syster hyr watche, and<br /> the cookerie booke you promysed, may be sent by the man.<br /> I never longed for thy company more than last night ; we<br /> were all very merrye at the Globe, when Ned Alleyn did<br /> not scruple to affyrme pleasantely to thy friend Will, that<br /> he had stolen his speech about the qualityes of an actor’s<br /> excellencye, in Hamlet hys tragedye, from conversations<br /> manyfold which had passed between them, and opinyons<br /> given by Allen touchinge the subject. Shakespeare did<br /> not take this talke in good sorte; but Jonson put an end<br /> to the stryfe with wittielie saying, ‘“ This affaire needeth<br /> no contentione; you stole it from Ned, no doubt ; do not<br /> marvel ; have you not seen him act tymes out of number”?<br /> <br /> “Believe me most syncerelie,<br /> “ Harrie<br /> “ Thyne<br /> “G, PEEL.”<br /> <br /> The text of this strangely-spelt, strangely-<br /> worded epistle, with its puny efforts at a jest, was<br /> succeeded by a suggestion that “G. Peel,’ the<br /> alleged signatory, could be none other than George<br /> Peele, the dramatist, who achieved reputation in<br /> Shakespeare’s early days.<br /> <br /> Thus the freakish Steevens baited his hook.<br /> The sport which followed must have exceeded the<br /> impish angler’s expectations. Any one familiar<br /> with the bare outline of Elizabethan literary history<br /> should have perceived that a trap had been set.<br /> The letter was assigned to the year 1600. Shake-<br /> <br /> speare’s play of “ Hamlet,” to the performance of<br /> <br /> THE AUTHOR.<br /> <br /> which it unconcernedly refers, was not produced<br /> before 1602 ; at that date George Peele had lain<br /> full four years in his grave. Peele could never<br /> have passed the portals of the theatre called the<br /> “ Globe’; for it was not built until 1599. No<br /> tavern of the name is known. The surname of<br /> the peisoas to whom the letter was pretended to<br /> have been addressed, is suspicious. ‘ Marle” was<br /> one way of spelling “ Marlowe” at a period when<br /> forms of surnames varied with the caprice of the<br /> writer. The great dramatist, Christopher Marle,<br /> or Marloe, or Marlowe, had died in 1593; but<br /> “Henrie Marle” is counterfeit coinage of no<br /> doubtful stamp. The language and the style of<br /> the letter are obviously undeserving of serious<br /> examination. They are of a far later period than<br /> the Elizabethan age. Safely might the heaviest<br /> odds be laid that in no year of the reign of Queen<br /> Elizabeth ‘did friende Marle promyse G. Peel his<br /> syster that he would send hyr watche and the<br /> cookerie booke by the man,” or that “ Ned Alleyn<br /> made pleasante affirmation to G. Peel of friend Will’s<br /> theft of the speech in ‘Hamlet’ concerning an<br /> actor’s excellencye.”’ From top to toe the imposture<br /> stands confessed. But the general reader of the<br /> eighteenth century was confiding, unsuspicious,<br /> greedy of novel information. The description of<br /> the source of the document seemed to him precise<br /> enough to silence doubt. The Theatrical Review<br /> of 1763 succeeded in launching the fraud on a<br /> quite triumphal progress.<br /> <br /> Again and again, as the century advanced, was<br /> G. Peel’s declaration to “friend Marle” paraded,<br /> without hint of its falsity, to the gaze of purblind<br /> snappers-up of Shakespearean trifles. Seven years<br /> after its first publication, the epistle found admis-<br /> sion in a somewhat altered setting into so reputable<br /> a periodical as the “Annual Register.” Burke<br /> was still connected with that useful publication,<br /> and whatever information the “ Register” shielded,<br /> was reckoned to be of veracity. ‘‘G,. Peel” and<br /> “friende Marle” were there suffered to play their<br /> pranks in the best society in the year 1770.<br /> <br /> In 1777 there appeared an ambitious work of<br /> reference, entitled “‘ Biographia Literaria; or a<br /> Biographical History of Literature,” which gave its<br /> author, John Berkenhout,a free-thinking physician,<br /> his chief claim to remembrance. Steevens was a<br /> friend of his, and helped him in the preparation of<br /> the book. Into his account of Shakespeare, the<br /> credulous Berkenhout introduced quite honestly<br /> the fourteen-year old forgery. The reputed date<br /> of 1600, which the supposititious justice of the peace<br /> had given it in the Theatrical Review, was now<br /> suppressed. Berkenhout confined comment to the<br /> halting reminiscence, ‘‘ Whence I copied this letter<br /> T do not recollect, but I remember that at the time of<br /> transcribing it I had no doubt of its authenticity.”<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> Thrice had the trick been worked effectively in<br /> conspicuous places before Steevens died in 1800.<br /> But the evil that he did lived after him, and within<br /> a year of his death the old banner of imposture was<br /> waved by a living hand more vigorously than before.<br /> A correspondent, who concealed his identity under<br /> the signature of “Grenovicus,” sent Peel’s letter to<br /> the Gentleman’s Magazine in 1801, and it was duly<br /> reprinted in the number for June. ‘“Grenovicus”<br /> had the assurance to claim the letter as his own<br /> discovery. ‘‘To my knowledge,” he wrote, “ it has<br /> never yet appeared in print.” He refrained from<br /> indicating how he had gained access to it, but<br /> congratulated himself and the readers of the<br /> Gentleman’s Magazine on the valiant feast he<br /> provided for them. His act was apparently taken<br /> by the readers of the Gentleman&#039;s Magazine at his<br /> own valuation.<br /> <br /> Not that the discerning critic elsewhere remained<br /> altogether passive. Isaac D’Israeli denounced the<br /> fraud in his “ Curiosities of Literature,” but he and<br /> others did their protesting gently. The fraud<br /> looked to them too shamefaced to merit a vigorous<br /> onslaught. They imagined the misbegotten epistle<br /> must die of its own inanity. In this they mis-<br /> calculated the credulity of the general reader.<br /> “Grenovicus” of the Gentleman&#039;s Magazine had<br /> numerous disciples. Many a time during the<br /> past century has his exploit been repeated, and<br /> “@, Peel” has emerged from the shades of a long-<br /> forgotten book or periodical to disfigure the page<br /> of a modern popular magazine. I have met him<br /> in all his impudence in at least one collection<br /> of Shakespeareana published during the present<br /> century. His occasional re-interment in the future<br /> from the time-honoured jungle of the ‘‘ Annual<br /> Register ” the Gentleman’s Magazine may safely be<br /> prophesied. In those dusky retreats the forged<br /> letter lurks unchallenged, and there will always be<br /> some explorers, who, being strangers to exact know-<br /> ledge, will from time to time suddenly run the<br /> unhallowed thing to earth and bring it forth asa<br /> new and unsuspected truth.<br /> <br /> Perhaps forgery is too big a word to apply to<br /> Steevens’s insolent concoction. Others worked at<br /> later periods on lines similar to his ; but, unlike his<br /> disciples, he did not seek from his misdirected<br /> ingenuity pecuniary gain or even notoriety; for he<br /> never set his name to this invention of “Peel” and<br /> “Marle,” and their insipid chatter about “ Hamlet ”<br /> at the “Globe.” It is difficult to detect humour<br /> in Steevens’s endeavour to delude the unwary.<br /> But the perversity of the human intellect has no<br /> limits. This ungainly example of it is only worth<br /> attention because it has sailed under its false colours<br /> without serious molestation for one hundred and<br /> <br /> forty years.<br /> Sripney Lug.<br /> <br /> 19<br /> <br /> THE COMMERCIAL ASPECTS OF<br /> AUTHORSHIP.<br /> —_+———_<br /> <br /> UTHORS may be classified in various ways,<br /> according to the point of view from which<br /> they are regarded. For the purposes of<br /> <br /> this paper they may be divided roughly into three<br /> classes : (1) Those who live by tlieir work. (2)<br /> Those who supplement by their work incomes<br /> derived from other sources sufficient to enable<br /> them to live without writing. (3) Those who.<br /> write without relying on the profits of their work<br /> to any appreciable extent. There are also men<br /> and women not yet ranking as authors who aspire<br /> to belong to one of these classes. Hach of the<br /> three classes defined above may again be divided<br /> into two sections, the one consisting of those who<br /> pay to their business relations with business men<br /> publishing their writings as close attention as they<br /> can, and the other of those who do not. The object<br /> of an autbor in paying attention to business is<br /> usually to make the full profit which is his due.<br /> This, however, need not be his only motive, for in<br /> some cases a writer is chiefly concerned with<br /> gaining access to the largest possible number of<br /> the public in order to make his opinions known,<br /> or for other reasons, and then the methods by<br /> which his work is circulated, and the considera-<br /> tion and supervision of details connected with this<br /> may be of importance to him. The largest pro-<br /> portion of those who from indifference to pecuniary<br /> considerations or other causes do not make as<br /> large a profit as they are fairly entitled to do,<br /> naturally belong to the third of the classes sug-<br /> gested. There are, however, many of them to be<br /> found in the second, and a smaller proportion in<br /> the first. On the other hand, there are some who<br /> obtain full value for their literary wares, who<br /> might by their position be supposed to be in-<br /> different in the matter. The eminent statesman<br /> who writes on “Fiscal Fatuity” in a heavy<br /> magazine, and the lady of title who publishes an<br /> article in a lighter periodical on “Ought Girls to<br /> Chaperon their Mothers ?” may be looked on by<br /> some of their fellow-contributors as essentially<br /> amateurs, but they are as a rule not only desirous,<br /> but thoroughly able to obtain very good prices.<br /> Their competition may be regarded by some writers<br /> as not quite fair, but it is at least as honourable as<br /> that of those who endeavour to obtain publication<br /> by underselling others to whom payment is a more<br /> necessary consideration than to themselves. It is<br /> to writers who neglect, and possibly despise, the<br /> business side of the author’s calling that this<br /> paper is primarily directed, and particularly to<br /> any who may not avail themselves of the assistance<br /> in such matters which the Society of Authors<br /> <br /> <br /> <br /> <br /> 20<br /> <br /> supplies. They are principally to be found outside<br /> its ranks; but the circulation of Zhe Author is<br /> not confined to members, nor has the society in<br /> establishing and strengthening the commercial<br /> position of authorship benefited its members<br /> only.<br /> <br /> That authorship should have a commercial<br /> position, or a commercial aspect at all, is treated<br /> by some as undesirable. This view is put forward<br /> both by those who wish to make as much money<br /> as possible by exploiting the author’s work, and<br /> by others who claim that art should be pursued<br /> “for art’s sake,” and see something degrading in<br /> an author bargaining for the best price obtain-<br /> able, as if he were a mere capitalist or artizan, or<br /> any other person seeking a livelihood. ‘ Art for<br /> art’s sake” is an attractive ideal programme con-<br /> densed into proverbial form, but like many charming<br /> ideas it is more frequently recommended to others<br /> than carried into practice by those who preach it.<br /> Even they who claim to pursue “art for art’s<br /> sake? and gain the reputation of actually doing<br /> so, may to some extent be deceiving themselves<br /> and others. “ Art for amusement’s sake” is quite<br /> a different thing, and so is “art for notoriety’s<br /> sake.” Either can be quite harmless to those<br /> immediately concerned, but may to some extent<br /> affect fellow artists injuriously.<br /> <br /> At the last dinner of the Incorporated Society<br /> of Authors, Mr. Rider Haggard made a<br /> speech in which incidentally he proclaimed his<br /> opinion that Milton, when he accepted £10 for<br /> “Paradise Lost,” did so for no other reason<br /> than because it was the best price he could get.<br /> Turning to our own times and mentally reviewing<br /> the names of those held eminent in the artistic<br /> professions, we should find it difficult to discover<br /> many who pursue a different policy. We might,<br /> indeed, among the ablest writers, painters, sculptors<br /> and actors of to-day light upon some who are not<br /> keen men or women of business, and who conse-<br /> quently do not get for their work the bes! price<br /> possible. We should find both among those out-<br /> wardly most successful and those less so, many<br /> doing their best work without regard for the question<br /> whether their best work in an artistic sense would<br /> be most popular or most lucrative, but we should<br /> not find or expect to find them giving away<br /> their productions for less than the market value<br /> vis they had succeeded in establishing for<br /> them.<br /> <br /> It would, therefore, be impossible to say with<br /> truth that in the professions selected above as<br /> entitled to be termed artistic, the best workers<br /> were indifferent to pecuniary *value or would<br /> repudiate the existence of a business side to art.<br /> They would not obtrude it nor should anyone else.<br /> The Author, however, is the organ of a society<br /> <br /> THE AUTHOR.<br /> <br /> which concerns itself principally with the business<br /> aspects of authorship, and these aspects are<br /> necessarily conspicuous in its pages.<br /> <br /> If, however, it is conceded that authorship has its<br /> commercial side, which is not altogether undeserving<br /> of consideration, it may be worth while to ask<br /> whether authors who are indifferent in business<br /> matters can in any case justify their attitude.<br /> They are not to be found in great numbers, per-<br /> haps, in the class of professional writers, but all<br /> must recognise the fact that loose business methods<br /> may substantially diminish the circulation of the<br /> author’s work if it is his ambition to increase the<br /> number of his readers, and that from a pecuniary<br /> point of view they can increase the profits of no<br /> one except the publisher. It has, however, been<br /> pointed out that there are authors to whom their<br /> literary work as such is not essential to their liveli-<br /> hood. A considerable bulk of literature is put upon<br /> the market by these, while some of it is of high<br /> value, both from a pecuniary point of view and<br /> otherwise. Many scientific writers, compilers of<br /> educational books, travellers and biographers, for<br /> example, are to be found among authors who do<br /> not live by their pens, as well as among producers<br /> of fiction, poetry, and lighter literary work. It is<br /> among these that the business possibilities of<br /> authorship are most frequently neglected, and if<br /> they are reminded of them, they have many reasons<br /> to give for their indifference.<br /> <br /> In the first place they may say that the matter<br /> is their concern, and the concern of no one else.<br /> In this they are only partly right. To object<br /> to one person under-selling another savours of<br /> trades unionism and of protective policies, regarded<br /> by some as leading to objectionable interference<br /> with the freedom of contract. There is, however,<br /> an undeniable hardship inflicted upon all in a<br /> weak position (7.e., those who have to work to live<br /> and who are struggling to do so), when others in<br /> a stronger position (i.e., those subject to no such<br /> necessity) under-sell them, or by acquiescing in<br /> lax business ways, make it difficult for any to<br /> insist upon stricter methods. These are the<br /> principal results of easy going ways, where the<br /> relations between the author and the publisher or<br /> editor are concerned. ‘Those, however, who are<br /> under discussion may say on the other hand:<br /> “We pursue a course which suits our objects.<br /> We desire to obtain public notice, for perfectly<br /> honest reasons. We write upon topics which we<br /> <br /> seek to make widely known, and we can best make<br /> <br /> them known by giving the terms asked by those<br /> who can secure a large circulation for us.” To<br /> such as these it may be pointed out that stricter<br /> methods will enable them to secure what they<br /> desire with greater certainty. Price is not the only<br /> important point which is stipulated for‘in a literary<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR. 21<br /> <br /> contract. The conditions under which the work<br /> will be placed upon the market, the manner in<br /> which it will be advertised, and other details also<br /> of importance have to be provided for, and the<br /> contract to publish will not be carried out with<br /> less energy, because the author understands and<br /> expects to be informed of the steps which are taken<br /> to secure the desired result. Even those, there-<br /> fore, to whom the possible money value of literary<br /> work is of no interest cannot afford to neglect the<br /> business side of literature, if they are in earnest<br /> in writing at all. Those who are not in earnest<br /> are recommended to become so, or to leave litera-<br /> ture alone.<br /> <br /> In any case the commercial aspects of author-<br /> ship are worthy of the study of all writers. It has<br /> already been said that such matters need not<br /> be made obtrusive, but it may also be observed<br /> that the more carefully they are attended to, the<br /> less likely they are to be forced into prominence.<br /> It is the author who is loose in his business<br /> arrangements in their early stages who finds<br /> himself later on obliged to make them public in a<br /> court of law, or to forego advantages to which his<br /> indifference is less absolute than he supposed.<br /> <br /> H, A. A.<br /> $$<br /> <br /> GOLLANCZ vy. J. M. DENT &amp; CO.<br /> ————1—<br /> OME of our readers may have noticed in the<br /> daily papers some months ago the report of<br /> a law case of interest to authors under the<br /> above title. It has not previously been mentioned<br /> in The Author because the case decided in the<br /> Courts covered only part of the area of controversy<br /> between the parties. All matters in dispute were<br /> ultimately satisfactorily settled with the assistance<br /> of the Society, and the points of interest to authors<br /> may now be referred to.<br /> <br /> The essential facts are as follows: Mr. Gollancz<br /> was the editor of “The Temple Shakespeare,”<br /> published by Messrs. J. M. Dent &amp; Co.; he also<br /> occupied till 1901 the position of general literary<br /> adviser to that firm, and was editor of the “ Temple<br /> Classics,” etc. The documents embodying the<br /> terms under which the parties were working<br /> together were informal, and the recent actions<br /> arose out of the obscurity of some provisions of<br /> these documents. The moral of the case is the old<br /> caution which can never be urged too strongly on<br /> authors: that their business arrangements should<br /> be clearly and accurately defined, however close,<br /> as in the present instance, may be their relations<br /> with their publishers. When Mr. Gollancz sought<br /> and obtained the help of the Committee in 1901<br /> his relations with his publishers had become very<br /> strained, and, shortly afterwards, Messrs, Dent<br /> <br /> gave him notice to put an end to his engagement as<br /> their literary adviser, and Mr. Gollancz felt obliged<br /> to take action against them. The questions that<br /> arose in this action will be dealt with presently,<br /> <br /> In the following spring (1902) Messrs. Dent<br /> announced the production of a “Temple Shakes-<br /> peare for Schools,” edited, not by Mr. Gollancz, but<br /> by Mr. Oliphant Smeaton and other writers.<br /> Mr. Gollancz deeming this to be an infringement<br /> of his rights, protested, and, failing to obtain<br /> redress, commenced an action for an injunction<br /> and damages in the Chancery Division. By<br /> one of the clauses of the agreement as to “The<br /> Temple Shakespeare,” it had been agreed that, in<br /> the event of a cheaper or other form of edition of<br /> any or either of the plays of Shakespeare being<br /> thought desirable by Messrs. Dent, it should form the<br /> subject of a new agreement with Mr. Gollancz on<br /> proratd terms. A School Edition had been long in<br /> contemplation in pursuance of this agreement, and<br /> before the breach between the parties a definite<br /> arrangement had been come to as to the amount<br /> of royalty to be paid to Mr. Gollancz.<br /> <br /> As Messrs. Dent persisted in bringing out “The<br /> Temple Shakespeare for Schools,” the Chancery<br /> action was proceeded with, and came on for hearing<br /> before Mr. Justice Swinfen-Eady on March 26th<br /> and 27th, 1903. The defence raised by the<br /> publishers was that the clause quoted above only<br /> referred to a cheaper or dearer edition of “The<br /> Temple Shakespeare,” but the judge overruled this<br /> contention, and, adopting Mr. Gollancz’s view of<br /> the meaning of the agreement and of his arrange-<br /> ments with Messrs. Dent, gave judgment in his<br /> favour for damages and costs.<br /> <br /> Mr. Justice Swinfen-Eady in his judgment<br /> remarked that the School Edition, as ultimately<br /> brought out by Messrs. Dent, although not an<br /> infringement of the copyright of “The Temple<br /> Shakespeare” (which, in fact, is vested in the pub-<br /> lishers) was intended to have the benefit of the<br /> reputation of that work. In fact, it was necessary<br /> for Mr. Gollancz (as this remark of the judge<br /> shows) to establish that he had no connection with<br /> the School Edition which bore the name of “The<br /> Temple Shakespeare.”<br /> <br /> Meanwhile, Mr. Gollancz’s action for wrongful<br /> dismissal was awaiting hearing in the King’s<br /> Bench Division (where work is more in arrear<br /> than in the Chancery Division). The main points<br /> in this action, which are of general interest, were<br /> two: first, whether Messrs. Dent had any right<br /> to put an end to Mr. Gollancz’s engagement as<br /> their literary adviser which, on the wording of the<br /> letters that had passed, appeared to be (what Mr.<br /> Gollancz had always understood it to be) a life<br /> contract ; and, secondly, whether “The Temple<br /> Cyclopedic Primers,” a series planned by Mr.<br /> <br /> <br /> <br /> <br /> 22<br /> <br /> Gollanez and published by Messrs. Dent, were<br /> to continue to be treated as “School Books” pro-<br /> cured by Mr. Gollancz for the publishers, so as<br /> to entitle him to a stipulated royalty thereon. In<br /> the result, satisfactory terms of settlement of all<br /> disputes between the parties were arrived at with-<br /> out this case coming on in Court, so that the deci-<br /> sion of the Court was not obtained on these points,<br /> one of which would have been of much general<br /> interest—i.e., the meaning and extent of the<br /> expression “School Books.” By the terms of<br /> settlement, however, the justification of Mr.<br /> Gollancz’s action was fully recognised by the<br /> publishers paying, in addition to all costs, a sub-<br /> stantial sum as compensation, and agreeing to<br /> continue the payment of royalty on the Primers,<br /> as arranged for by Mr. Gollancz.<br /> <br /> SPECIAL INSURANCE SCHEME.<br /> <br /> oo<br /> <br /> i HE Directors of the Legal and General Life<br /> Assurance Society are prepared to grant to<br /> members of the Society of Authors the<br /> <br /> following reduction from the tariff rates of endow-<br /> <br /> ment and whole-life assurance, viz. :<br /> 10 % (ten per cent.) off the first premium paid.<br /> 5 % (five per cent.) off each subsequent premium,<br /> <br /> The distinctive features of the Society are :<br /> <br /> (a) Perfected maximum policies by which life<br /> insurance is provided at the lowest possible cost.<br /> For example:<br /> <br /> Age 30, £1 16s. 0d. per £100 insured.<br /> Age 40, £2 10s. Od. per £100 insured.<br /> Age 50, £3 14s. 4d. per £100 insured.<br /> <br /> (0) With-profit endowment assurance, payable<br /> ‘at any age, or previous death, to which the Society<br /> allots the largest bonus of any Insurance Company,<br /> viz., 88s. per cent. compound.<br /> <br /> Thereby a £100 policy increases as follows :<br /> <br /> Duration 10years. 20 years. 30 years. 40 years.<br /> Amount £120 £144 £172 £206<br /> <br /> Special quotations for old-age pensions may be<br /> had on application to the City office, 158, Leaden-<br /> hall Street, E.C., where any further information<br /> may be obtained.<br /> <br /> The directors will be glad to afford every<br /> facility for the working of the scheme, which<br /> they think will be of advantage to the members<br /> -of the Society of Authors.<br /> <br /> J. P. B. BLAKE,<br /> City Branch.<br /> <br /> 158, Leadenhall Street, E.C.<br /> <br /> THE AUTHOR.<br /> <br /> A GOOD BOOK.<br /> <br /> —— +<br /> <br /> V E are glad to welcome a new—the fifth—<br /> impression of Professor Raleigh’s manual,<br /> “The English Novel.”* Modestly<br /> <br /> described by its author as a little book on a<br /> <br /> great subject, it gives in its two hundred and<br /> <br /> eighty pages a singularly effective sketch of the<br /> history of this branch of literature from Malory to<br /> <br /> Scott, with critical studies of the chief English<br /> <br /> novelists before the appearance of the author of<br /> <br /> “‘ Waverley,” these two purposes being “connected<br /> <br /> by certain general lines of reasoning and specula-<br /> <br /> tion on the nature and development of the novel.”<br /> <br /> The historical sketch is adequate, the criticism<br /> generally penetrating and just, but it is in the<br /> connecting lines that we have found most pleasure.<br /> No book dealing with literary principles can fail<br /> to contain something of interest to authors, and<br /> the great expectations with which we approach any<br /> contribution to the subject by so eminent an<br /> authority as Professor Raleigh are fully realised.<br /> <br /> in so brief a note as this it is impossible to<br /> attempt to criticise this little manual ; we prefer<br /> to praise it in general terms and recommend it to<br /> the attention of literary men. Most books of the<br /> kind lose sight of the historical purpose and tend<br /> to become only critical studies ; Professor Raleigh<br /> contrives in the space at his disposal to keep both<br /> his objects prominently before him. His style is<br /> admirably simple and direct, and one lays aside<br /> the book with a clear knowledge of the steps by<br /> which the novel has risen to what it is, and also<br /> with the memory of many illuminating phrases<br /> emanating from a finely critical mind, and delicately<br /> and humorously couched.<br /> <br /> The pedigree of the English novel, as set forth<br /> here, derives from the novella of the Italians and<br /> the romance of chivalry ; the successive stages are<br /> represented by the “ Gesta Romanorum,” Malory’s<br /> “Morte Darthur,” Lyly’s “ Euphues” (strictly<br /> speaking, the first original prose novel written in<br /> English), the novellet or love pamphlet of Greene<br /> and Nash, “‘ The Character ”’ ; the realistic accounts<br /> of adventure represented by Defoe; the picaresque,<br /> the autobiographic, the Schools of Terror, repre-<br /> sented by Mrs. Radcliffe and Maturin, and of<br /> Theory represented by Godwin, the story of<br /> domestic satire, and lastly the union of the novel<br /> proper with the romance which was effected by<br /> Sir Walter Scott.<br /> <br /> Professor Raleigh avoids the confusion which is<br /> a frequent demerit in genealogies of this kind, and<br /> he chronicles vividly the conflict that was waged<br /> <br /> <br /> <br /> *«“The English Novel,’ by Walter Raleigh; fifth<br /> impression, popular edition : London, John Murray, 1903,<br /> 3s. 6d.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> between prose fiction and the drama, ultimately<br /> won for the novel in the eighteenth century, and<br /> the later conflict between verse and prose for “ the<br /> prerogative possession of romantic themes,” when<br /> prose was again the victor.<br /> <br /> We wish we had space to quote some of the<br /> many remarks that have arrested our attention<br /> and appealed to our reason during our perusal of<br /> this book. It is Professor Raleigh’s merit that<br /> they are propounded unostentatiously, and as a<br /> matter of course, but from some points of view<br /> perhaps this merit may be regretted, for many<br /> more popular reputations have been upreared on<br /> less sound foundations. With the last one in the<br /> volume we may conclude, confident that its truth<br /> is sufficient apology for its triteness : “‘ Quod semper<br /> et ubique et ab omnibus is the saving creed of a<br /> <br /> novelist.”<br /> 2<br /> <br /> TWO KINDS OF AUTHOR.<br /> <br /> —_—t—— +<br /> <br /> “PYFNHE Truth about an Author’’* is an anony-<br /> mous satire on the profession of letters,<br /> so skilfully accomplished that it would<br /> <br /> not be hard to take it seriously and to be vastly<br /> <br /> annoyed that it should have been written, in spite<br /> ofitsgenuine humour. It narrates the career of one<br /> who, starting in the Inferno of provincial journalism,<br /> attains at length to a kind of suburban purgatory,<br /> and emerges at last into a peculiar paradise of<br /> poultry, Dalmatian dogs, and little grey mares in<br /> phaetons. Itis, in short, a criticism of the literary<br /> life elaborated from the pages of a ledger, but<br /> unless our critical sense is sadly at fault, it is<br /> written by one who, however greatly he may have<br /> regarded literature merely as a trade, had the wit<br /> to see the irony of his own attitude and that of his<br /> admirers. Heischarmingly candid : ‘“ Ofcourse,”<br /> he says, “when I am working on my own initia-<br /> tive, for the sole advancement of my artistic<br /> reputation, I ignore finance and think of glory<br /> alone. It cannot, however, be too clearly under-<br /> stood, that the professional author . . . is eternally<br /> compromising between glory and something more<br /> edible and warmer at nights....I am _ not<br /> speaking of geniuses with a mania for posterity.”<br /> <br /> It is obvious, indeed, that he is not. He is, or<br /> pretends to be, one of that admirable and daily<br /> increasing class which frankly, with no esthetic<br /> pretensions to the contrary, provides sustenance<br /> for the melodramatic appetite of the English<br /> general reader. He admits that he was never<br /> urged to write except by impulses not usually<br /> esteemed artistic. But he sits down to write his<br /> first novel under the ‘“ sweet influences (sic) of the<br /> <br /> <br /> <br /> * “The Truth About an Author” : Constable, 1908.<br /> <br /> 23<br /> <br /> Goncourts, Turgenev, Flaubert, and Maupassant.”<br /> Such a galaxy of names would certainly arouse the<br /> suspicions of the class to which he claims to<br /> belong, yet, after all, it is said that our most<br /> notorious female fictionist battens in secret on<br /> Shakespeare, Milton, and the Bible. For ourselves,<br /> we regard “The Truth about an Author” as an<br /> admirable piece of invective, but those who con-<br /> template literature, as the wise contemplate matri-<br /> mony, simply as a profitable if unpleasant meétier,<br /> will be able to find some valuable information in<br /> the author’s remarks about journalism. At any<br /> rate, the book is a relief after the silly and serious<br /> guides that profess to teach the literary art, and<br /> only succeed in exposing the dreariness of an<br /> existence that the lack or decline of artistic<br /> enthusiasm has reduced to a meticulous drudgery.<br /> <br /> A very different kind of personality is exhibited<br /> in an article called ‘“‘ Letters to a Young Writer,”<br /> published in Cornhill for July, 1903. The author<br /> of the article, at the outset of his literary career,<br /> had the good fortune to meet a mature craftsman,<br /> who lavished the wealth of his experience on<br /> his pupil with a most breezy and unpedantic<br /> generosity. The extracts from his letters are all<br /> too few—some day, we hope, the recipient, in the<br /> interests of youth and literature, may be induced<br /> to give us a larger tale—but they are all admirable,<br /> enthusiastic, great-hearted, and full of a golden<br /> common-sense, a charming and spontaneous humour,<br /> that might well have been dated from Vailima.<br /> He was always ready to read and criticise the work<br /> of his young friend, and his criticisms are invari-<br /> ably delightful and of solid value. Here is one:<br /> <br /> ‘* But how about that ball? There is a long description<br /> of a ball, and in the long description there is nothing new<br /> except when she asks him to dance with her. But by God<br /> you are not justified in describing the band.”<br /> <br /> And another, after some advice about the<br /> financial side of letters :<br /> <br /> ‘J do not care whether you are or are not angry with me<br /> for putting this matter plainly. I do care that you<br /> should not be discouraged by what I have said. You must<br /> not lose your head either in success or disappointment.<br /> Every art requires a long apprenticeship. If youallowthe<br /> commercial attitude of your art to press too heavily upon<br /> you, the art will be injured.”<br /> <br /> And again :<br /> <br /> “ Don’t lay yourself out to be smart.<br /> any demi-god or set.<br /> Don’t write to vex or to please any mere mortals.<br /> just to make yourself cry and laugh and swear.”<br /> <br /> One is tempted to continue re-quoting the<br /> quotations of his disciple, despite the fear of the<br /> Procrustean surgery of editors. ‘The words of this<br /> critic, “‘as keen as he was gentle,” were, to follow<br /> the disciple’s phrase, as humbling as they were<br /> bracing. “What can be said of a man who<br /> <br /> Don’t write against<br /> Don’t write for any demi-god or set.<br /> Write<br /> <br /> <br /> 24<br /> <br /> believed in one before one was a man_ oneself,<br /> before anybody else dreamt of doing so? Nothing ;<br /> for he is dead and gone and cannot hear, nor ever<br /> know. But I like to think of him on those<br /> enchanted seas of his, overhauled by an argosy<br /> laden with his own letters, dashed off and forgotten<br /> when he was here; for he will be the first to appre-<br /> ciate them, spontaneously and impersonally as<br /> of old, and I can almost hear him laugh.” That<br /> is how the disciple’s tribute to his master’s<br /> memory ends, and the words are no mean proof<br /> that all the cheering counsel he received of old was<br /> effective in developing a writer of English, and of<br /> winning a fast and unforgetful friend. Someone,<br /> —is it Nietzche ? has said that it is impossible. to<br /> think of a fine personality without experiencing a<br /> sense of liberation, a certainty that humanity can<br /> never become wholly and rigidly sordid. One<br /> feels, as one reads the extracts from the haphazard<br /> letters of this nameless writer, that he was one of<br /> those who possessed that total lack of bitterness<br /> which is the true wisdom, that frank, unpatronising<br /> kindliness which alone can, in the real sense of the<br /> word, educate ; and that even though the literary<br /> fruit of his life’s work be unenduring, yet his<br /> memorial has not perished with him.<br /> <br /> Sr. Joun Lucas.<br /> oo —__-<br /> <br /> CONCAVE AND CONYEX.<br /> eas<br /> <br /> T fell to my lot a few days ago to read a novel<br /> <br /> for a publisher. As is his practice when<br /> <br /> submitting books to my opinion the publisher<br /> had carefully removed from the copy the name and<br /> address of the author and anything which might<br /> furnish me with a clue to his identity, thus leaving<br /> it to me to pass judgment solely upon the merit of<br /> the work and reserving to himself the power to<br /> take into consideration such other points as<br /> “name” and “public” and the rest. The book<br /> was light comedy ; it had no startling originality<br /> of plot, but such as it possessed was ingeniously<br /> planned and dexterously handled. I gave my<br /> employer an outline of. the story, a general criticism<br /> of its style and treatment, my advice—in this case<br /> to accept the book—and my estimate of the com-<br /> mercial possibilities of the work ; and I concluded<br /> my letter by suggesting that it would be kind to<br /> advise the author to secure his dramatic rights in<br /> the story, and offering to furnish any information<br /> desired about the formalities to be observed in<br /> that connection.<br /> <br /> I have assisted at these formalities on more than<br /> one occasion ; they are extravagantly farcical, and<br /> need not be detailed here ; but however farcical<br /> the author has, upon their completion, secured his<br /> play right in the manner prescribed by law, and<br /> <br /> THE AUTHOR.<br /> <br /> there is an end of the matter, and in all probability<br /> the play is never heard of again.<br /> <br /> It is a common-place that a good novel does not<br /> make a good play, and the reason is obvious ; there<br /> is as great a difference between the literary and<br /> the dramatic presentation of an idea as there is<br /> between the concave and the convex surfaces of an<br /> egg shell ; a novel is one thing, a play something<br /> else ; both are composed of the same material but<br /> they are intended to be regarded from opposite<br /> points of view. That there are authors who write<br /> and communicate to the public both plays and<br /> novels, I am, of course, aware, and J am disposed<br /> to think that the writer whose anonymous manu-<br /> script has suggested these reflections to me, is one<br /> of the most prominent among them. Still, the<br /> ability to treat a subject twice, from the inside<br /> point of view which is the novelist’s business, and<br /> from the outside point of view as the audience see<br /> it which is the dramatist’s business, is not common.<br /> Such authors will, however, support my contention<br /> that the play and the book are two substantive pieces<br /> of work, bearing no closer relationship than that they<br /> deal in their respective fashions with the same<br /> theme, and owing no obligation the one to the other.<br /> <br /> My anonymous acquaintance has written an<br /> amusing story, the material of which might be<br /> used to make a successful trifling comedy, and I,<br /> being a conscientious man, have suggested that he<br /> shall take advantage of the ridiculous methods per-<br /> mitted by our legislature and secure his dramatic<br /> rights. Yet all the time I have a conviction that<br /> his chances of success as a dramatist are in inverse<br /> proportion to his chances of success as a novelist,<br /> and that if the law of probabilities holds good I<br /> am recommending him to commit a sort of suicide.<br /> The lessee of one hall in London told me that the<br /> number of plays produced for copyright purposes<br /> on his stage was more than three hundred a year,<br /> and that he could not recall the name of one which<br /> had been reproduced elsewhere ; at any rate my<br /> friend will join a numerous company.<br /> <br /> But I shall be told that there is always the<br /> possibility of huge profits, and that the author<br /> will be foolish if he does not protect his dramatic<br /> rights by the prescribed method, inasmuch as he<br /> will then be doubly safe when some intelligent<br /> person sees the dramatic potentialities of the novel ;<br /> he will be the owner of the play in which he has<br /> statutory play right, and also able to invoke the<br /> more doubtful assistance of an injunction against<br /> infringement of copyright on the precedent of the<br /> decision in the case of Warne v. Seebohm.<br /> <br /> Quite so; but it seems to me that the whole<br /> thing rests upon an unsound foundation. Rights<br /> <br /> in property presuppose the existence of property ;<br /> in the case in point the existence of any is doubtful.<br /> The plays knocked up for purposes of technical<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> representation have not, and are not even intended<br /> to have, any commercial value ; they are blown<br /> together with the object of meeting certain legal<br /> requirements, and so of anticipating any attempt<br /> by a bond fide dramatist to use for his advantage<br /> any of the produce of the novelist’s brains. If<br /> this safe-guarding of property, created in a manner<br /> not specifically defined, but at all events created<br /> incidentally and not by first intention, is the object<br /> of the law, then I think it might be achieved in<br /> some less contemptible and clumsy fashion; the<br /> English law might be altered to conform with<br /> that obtaining in the United States, by which<br /> p: tential dramatic rights are protected by the pub-<br /> lication of the novel; our present system isunworthy,<br /> and if devised only in the interests of the novelist,<br /> it is also needlessly expensive and troublesome.<br /> <br /> If, moreover, the subject were to be dealt with<br /> logically and consistently, all novelists should be<br /> warned to protect their interests and produce<br /> dramatic versions of all their novels “ for copyright<br /> purposes” ; doubtless some enterprising person<br /> would then appear and devote his attention<br /> exclusively to this business: he need never be<br /> out of work in these days. Until such an agency<br /> is actually opened, things will probably remain in<br /> their present absurd condition, and the validity of<br /> the protection which novelists flatter themselves<br /> they have secured by their technical performances<br /> will not be too closely examined.<br /> <br /> Is it, again, to the best interest that it should be<br /> secured at all? I know it is a heresy, but speaking<br /> as one who aspires to be a novelist and who has<br /> not taken to writing for his health, I confess I can<br /> see another side to the matter. An interesting<br /> volume might be compiled, with some such title<br /> as ‘The Foundations of Fiction,” tracing the<br /> common origin of all novels. It would be a<br /> difficult matter for any novelist to establish a<br /> claim to be the originator of any idea, or even<br /> situation ; and if a dramatist utilised the theme<br /> of my excellent novel and manufactured therewith<br /> his excellent play, I am prepared to hear his counsel<br /> argue that as the producer of a substantive work of<br /> art of commercial value his client is entitled to all<br /> the fruits of his labour. More, if the play were a<br /> great one I can conceive its being a public misfortune<br /> that its communication to the world should be pre-<br /> vented by the existence of my own dramatic version<br /> of the theme concocted “tor copyright purposes,”<br /> and produced in the perfunctory manner which<br /> apparently satisfies the law.<br /> <br /> That the dramatist would make handsome pro-<br /> posals to me for a division of the profits accruing<br /> from his play, and that I should deal handsomely<br /> with him, of course goes without saying. Iam the<br /> most sweetly reasonable member of a sweetly reason-<br /> able fraternity, but the amiability and indifference<br /> <br /> 25<br /> <br /> to sordid considerations which characterise British<br /> novelists is not the subject of this somewhat<br /> heretical note. It is written with the object<br /> of advising novelists to consider seriously the<br /> validity of the protection they fancy they secnre<br /> by this formal dramatisation of their novels, and<br /> of eliciting some expression of opinion as to whether<br /> it is really in their own interests and—what is<br /> perhaps of more importance—in the interests of<br /> the community at large, that it should be done<br /> <br /> at all.<br /> V. BE. M.<br /> <br /> 0 —— © —<br /> <br /> THE WOMEN WRITERS’ CLUB,<br /> MELBOURNE, AUSTRALIA.<br /> <br /> ——~&lt;—+——<br /> <br /> “VT J\ARLY in the year 1902 a movement was set<br /> S Hy on foot to start a society of women writers<br /> <br /> and journalists in Melbourne. The informal<br /> preliminary meetings were held at the rooms of<br /> Miss C. H. Thomson, The Rialto, Collins Street.<br /> The idea gradually took shape, and on May Ist<br /> the new club came into existence. Admission to<br /> membership is confined to women who are or who<br /> have been actively engaged in literary work of<br /> any description. The Society began with every<br /> encouragement from editors, brother journalists,<br /> black and white artists, and the reading public.<br /> Mr. Donald Macdonald, the well-known South<br /> African war correspondent, came forward with an<br /> offer of a lecture on “ War and Peace.” Thanks<br /> to the lecturer and to the assistance given by Miss<br /> M. G. Bruce as honorary secretary, this brought<br /> in a comfortable sum with which to furnish the<br /> club rooms. The membership for the first year<br /> was 45. The Society has its abode in Flinders<br /> Buildings, Flinders Street. Meetings, social and<br /> literary, have been held during the year, the most<br /> noteworthy being when, last June, the club had the<br /> honour of entertaining and admitting as its first<br /> visiting member Miss Catherine H. Spence, of<br /> South Australia, who was a veteran literary woman<br /> long before her name became associated with pro-<br /> portional representation. Besides serving as a<br /> bond of social union the club hopes to be able to<br /> extend a friendly hand to visiting writers, whether<br /> from the neighbouring states or from other lands.<br /> There is a plentiful supply of magazines and the<br /> nucleus of a small library of such works of reference<br /> as will be found useful to professional writers.<br /> The first committee elected included Mrs. Cross<br /> (Ada Cambridge), Mrs. Donald Macdonald, Mrs.<br /> I. Aronson, Mrs. Baverstock, Miss Ethel Castilla,<br /> Miss F. F. Elmes, Mrs. Sadleir Forster, Miss<br /> Henrietta McGowan, Miss C. H. Thomson, Mrs.<br /> Evelyn Gough (hon. treasurer), and Miss Alice<br /> Henry (hon. secretary).<br /> <br /> <br /> <br /> <br /> 26<br /> A CAPE LETTER.<br /> <br /> —+——+ —<br /> <br /> EGISLATION for the protection of works of<br /> art has at last been introduced into the<br /> Parliament of this Colony. At the present<br /> <br /> time, no artistic copyright whatever is in existence<br /> here, though literary and musical works have been<br /> protected by two Acts, dated respectively 1873 and<br /> 1888. For some years past, the Copyright Section<br /> of the Cape Town Photographic Society —number-<br /> ing among its members several prominent painters<br /> —has been endeavouring to secure the termina-<br /> tion of this discouraging state of affairs; and,<br /> after the war had temporarily paralysed all such<br /> legislation, an effort was made to obtain the<br /> introduction of a bill during last Session. Parlia-<br /> ment, however, was at that time too busy wrangling<br /> over racial questions, and the Bill has had to<br /> stand over until the evening of the present<br /> Session. 1t has now passed its second reading<br /> in the Lower House, and its promoters have<br /> every hope that it will complete its course before<br /> Parliament rises.<br /> <br /> The Bill, as printed, defines a work of art as<br /> “ painting or drawing and the design thereof, or<br /> a photograph and the negative thereof, or an<br /> engraving,” and secures the copyright of such<br /> works for fifty years from date of publication<br /> or of registration, whichever of these events may<br /> first occur. Registration is made essential to<br /> obtaining copyright, but works which have been<br /> registered in the United Kingdom are, without<br /> further legislation, protected for the period speci-<br /> fied in the Imperial Act concerned. The latter<br /> provision, which is of course of great importance<br /> to English proprietors, may, at the Governor’s<br /> discretion, be extended to the other British<br /> Colonies, and to foreign countries similarly favoured<br /> in the Kingdom. Some minor clauses of the Bill<br /> deal with fraudulent signature or disposal, and<br /> with alteration, of artistic products ; and another<br /> prohibits the exhibition of any portrait executed on<br /> commission, if its subject, or the artist’s client,<br /> shall object thereto.<br /> <br /> Mr. G. Crosland Robinson, who is one of the<br /> gentlemen connected with the above matter, has<br /> been elected President of the South African Society<br /> of Artists, in succession to Mr. J. 8. Morland, who<br /> has left the Colony.<br /> <br /> The first annual session of the South African<br /> Association for the Advancement of Science was<br /> held this year, in Cape Town. Many instructive<br /> papers were read, and several interesting excur-<br /> sions organised during the proceedings, a full<br /> report of which is now in the Press. The Colonial<br /> Government has made a grant of money to cover<br /> the costs of this publication.<br /> <br /> THE AUTHOR.<br /> <br /> “Cape Colony for the Settler,” by A. R. E,<br /> Burton, F.R.G.S., issued by the Government,<br /> through Messrs. P, 8. King &amp; Co., London, and<br /> J. CG. Juta &amp; Co., Cape Town, is a handbook of<br /> the physical and industrial conditions of the<br /> Colony, each electoral division of which is<br /> separately treated. This volume, which contains<br /> a number of plates, including eight maps, is<br /> intended for the special purpose indicated in its<br /> title, and does not supersede the late John Noble’s<br /> “ Official Handbook” of the Colony, although,<br /> within its scope, more completely up-to-date.<br /> <br /> “Basutoland: Its Legends and Customs”<br /> (London: Nichois &amp; Co.), is the title of a little<br /> volume by Mrs. Minnie Martin, the wife of a<br /> Government Official in the territory named. The<br /> book contains much interesting information con-<br /> cerning the history and mode of life of the Basuto<br /> people, together with a brief description of the<br /> physical features of their beautiful country, whilst<br /> the final chapters consist of native folk-tales<br /> brimful of quaint superstition.<br /> <br /> “The Union-Castle Atlas of South Africa”<br /> (London, The Union-Castle Mail Steamship Co.,<br /> Ltd. ; Cape Town, J. C. Juta &amp; Co.), is a large<br /> octavo containing twenty-one double-page map-<br /> plates, excellently printed in colours ; in addition<br /> to which there are forty-two pages of letterpress<br /> relating to the geography, climate, resources and<br /> history of the country.<br /> <br /> English publishers have recently issued two<br /> novels by South African writers on South African<br /> subjects. These are “A Burgher Quixote,” by<br /> Mr. Douglas Blackburn, and “ The Story of Eden,”<br /> by Mr. Dolf Wyllarde.<br /> <br /> Little that is worthy of note has been produced<br /> by local publishers since the date of my last letter.<br /> To meet a need caused by the all-affecting war,<br /> Messrs. Juta have published a small treatise by<br /> Mr. W. A. Burn, entitled “Claims against the<br /> Military. The Law as to Requisitioning, and the<br /> Hague Convention on Laws and Customs of<br /> War.” In this, the terms of the Hague Conven-<br /> tion are printed both in the original French, and<br /> in English.<br /> <br /> One of the local productions connected with Mr.<br /> Chamberlain’s visit to South Africa was the first<br /> part of “The Commission and ‘Travels of H.M.S.<br /> Good Hope,” a brochure written by R. Moore, a<br /> member of the warship’s crew. The author’s action,<br /> however, proved to be out of harmony with the Navy<br /> Regulations, and his literary career was suspended<br /> by a sentence of imprisonment. An illustrated<br /> guide-book of the Cape Peninsula and environs,<br /> entitled “Cape Pleasure Resorts,” a few educa-<br /> tional works, and a few volumes of Law Reports<br /> and Parliamentary Debates, complete the list of<br /> book publications. New magazines continue to<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THER AUTHOR.<br /> <br /> appear in comparatively large numbers. Among<br /> these are the following monthlies:—The South<br /> African Medical Record, Catholic South Africa,<br /> Civil Service Review, the Twentieth Century,—A<br /> Magazine of Commerce, and De Goede Hoop—a non-<br /> political illustrated paper, in the Dutch language.<br /> From Durban, we hear of a new weekly paperentitled<br /> Indian Opinion, published in the English, Gujarati,<br /> ‘Tamil and Hindi languages, in the interests of the<br /> British Indians of Natal.<br /> <br /> The MS. of a “ Life”? of Sir Richard Southey has<br /> just been completed by the Hon. Alexander Wilmot,<br /> author of a number of historical and general works<br /> on South African subjects. The late Sir Richard<br /> Southey was for many years a prominent Colonial<br /> statesman and volunteer officer, seeing much<br /> service in the Kaffir Wars, and holding various<br /> diplomatic posts. His later appointments included<br /> those of Colonial Secretary, and of Governor of<br /> Griqualand West. The book will be published by<br /> Mr. T. M. Miller, of Cape Town.<br /> <br /> A prize of 10/., offered by the Guild of Loyal<br /> Women of South Africa, for a South Africa Patriotic<br /> Poem, has been awarded to Miss Ethel M. Hewitt,<br /> who dates from London. The competitors num-<br /> bered about seventy, and the judging was under-<br /> taken by Lady Gill, wife of the Astronomer Royal,<br /> and Mr. Rudyard Kipling, who was at the time on<br /> one of his visits to the Cape.<br /> <br /> After prolonged negotiations between the parties<br /> concerned, the case of Sass v. Wheeler has been<br /> settled out of Court, the defendants agreeing to pay<br /> over the sum of £75. This case was recorded in<br /> The Author many months ago. Messrs. Wheeler<br /> represented Mr. McKee Rankin and Miss Nance<br /> O&#039;Neill, whose right to perform “Magda” in<br /> South Africa was challenged by Mr. Sass.<br /> <br /> The death has occurred of Mrs. Sarah Heckford,<br /> author of “A Lady Trader in the Transvaal”<br /> (London, 1882), and well-known in the late<br /> Republic by her energy as an educational reformer,<br /> as well as by her literary work. Another lady<br /> associated with literature has lately passed away<br /> in the person of Mrs. Alexander Scott, one of the<br /> historic “settlers of 1820,” and a sister of Thomas<br /> Pringle, the South African poet, for whose verse<br /> she is said to have maintained a great affection to<br /> the end of a long life.<br /> <br /> SypNEY YORKE Forp.<br /> <br /> Cape Town,<br /> August 19, 1903.<br /> <br /> 27<br /> <br /> DR. JOHNSON AND BOOKSELLERS’<br /> PROFITS.<br /> <br /> —————+ —<br /> <br /> HE following extract from a letter of Dr.<br /> Johnson to the Rev. Dr. Wetherell, dated<br /> March 12th, 1776, may be of interest to<br /> <br /> readers. It runs as follows :<br /> <br /> “Tt is, perhaps, not considered through how<br /> many hands a book often passes, before it comes<br /> into those of the reader; or what part of profit<br /> each hand must retain, as a motive for transmitting<br /> it to the next.<br /> <br /> “We will call our primary agent in London,<br /> Mr. Cadell, who receives our books from us, gives<br /> them room in his warehouse, and issues them on<br /> demand; by him they are sold to Mr. Dilly, a<br /> wholesale bookseller, who sends them into the<br /> country; and the last seller is the country seller.<br /> Here are three profits to be paid between the<br /> printer and the reader, or in the style of commerce,<br /> between the manufacturer and the consumer; and<br /> if any of these profits is too penuriously distributed,<br /> the process of commerce is interrupted.<br /> <br /> “We are now come to the practical question,<br /> what is to be done? You will tell me, with<br /> reason, that I have said nothing, till I declare how<br /> much, according to my opinion, of the ultimate<br /> price ought to be distributed through the whole<br /> succession of sale.<br /> <br /> “The deduction, I am afraid, will appear very<br /> great : but let it be considered before it is refused.<br /> We must allow, for profit, between thirty and<br /> thirty-five per cent., between six and seven shillings<br /> in the pound; that is, for every book which costs<br /> the last buyer twenty shillings, we must charge<br /> Mr. Cadell with something less than fourteen.<br /> We must set the copies at fourteen shillings each,<br /> and superadd what is called the quarterly book, or<br /> for every hundred books so charged we must<br /> deliver an hundred and four.<br /> <br /> ‘“‘ The profits will then stand thus :<br /> <br /> “Mr. Cadell, who runs no hazard, and gives no<br /> credit, will be paid for warehouse room and attend-<br /> ance by a shilling profit on each book, and his<br /> chance of the quarterly book.<br /> <br /> “Mr. Dilly, who buys the book for fifteen<br /> shillings, and who will expect the quarterly book<br /> if he takes five and twenty, will send it to his<br /> country customer at sixteen and sixpence, by<br /> which, at the hazard of loss, and the certainty of<br /> long credit, he gains the regular profit of ten per<br /> cent., which is expected in the wholesale trade.<br /> <br /> “The country bookseller, buying at sixteen and<br /> sixpence, and commonly trusting a considerable<br /> time, gains but three and sixpence, and if he trusts<br /> a year, not much more than two and sixpence ;<br /> otherwise than as he may, perhaps, take as long<br /> credit as he gives.<br /> 28 THE AUTHOR.<br /> <br /> “With less profit than this, and more you see<br /> he cannot have, the country bookseller cannot<br /> live; for his receipts are small, and his debts<br /> sometimes bad. oO<br /> <br /> “Thus, dear sir, I have been incited by Dr.<br /> ’s letter to give you a detail of the circulation<br /> of books, which, perhaps, every man has not had<br /> opportunity of knowing ; and which those who<br /> know it, do not, perhaps, always distinctly con-<br /> sider,<br /> <br /> <br /> <br /> “Tam, &amp;e.,<br /> Sam. JOHNSON.”<br /> SS<br /> <br /> CORRESPONDENCE.<br /> <br /> ——<br /> <br /> To the Editor of THE AUTHOR.<br /> <br /> Srr,—An article appeared in the Daily Mail<br /> for September 15th, signed “ Stanhope Sprigg,”<br /> giving some particulars touching _ publishers’<br /> readers.<br /> <br /> As a publisher’s reader myself, I should like to<br /> point out that the statements contained are<br /> incorrect. I say nothing of the objectionable task<br /> that a publisher’s reader may have of sitting in<br /> judgment on fellow craftsmen, but I should like to<br /> point out that the remuneration is not, as stated,<br /> £1 1s. per MS. The writer in the Daily Mail<br /> seems to consider that £1 1s.a MS. is low. Ihave<br /> much pleasure in informing him, from bitter experi-<br /> ence, that many of the publishers do not pay more<br /> than 10s. 6d. a MS., and some as low a 6s. 8d.<br /> or three for £1.<br /> <br /> Thinking this information may be of interest to<br /> some of your readers,<br /> <br /> I beg to remain, yours faithfully,<br /> isle<br /> <br /> +<br /> <br /> BOOK PURCHASERS AND BOOKSELLERS.<br /> (Reprinted from the Zimes of Sept. 18th.)<br /> <br /> Sir,—The following actual experience may<br /> perhaps help to explain the difficulty in obtaining<br /> the books they want which is a constant experience<br /> in the lives of a large number of readers through-<br /> out the British Empire. A well-known London<br /> firm of booksellers who supply books to the<br /> Colonies seriously protested against our annoying<br /> practice of adding a complete list of our Colonial<br /> Library to our lists of new and forthcoming<br /> volumes which we issue from time to time. The<br /> serious objection to this practice—at least the<br /> objection seriously urged—was that the firm in<br /> question constantly received orders for the volumes<br /> in our Colonial Library, and, “of course,” they did<br /> not have them in stéck. If we could not vouch<br /> for this as an actual fact, surely such an attitude<br /> <br /> would be incredible. The ostensible business of<br /> the firm in question is bookselling.<br /> Yours faithfully,<br /> ARCHIBALD ConstTaBLE &amp; Co. (LIMITED).<br /> 2, Whitehall Gardens, S.W., September 16.<br /> <br /> —<br /> A LITERARY FRAUD.<br /> <br /> Str,—The following paragraph appeared in a well-<br /> known, influential weekly paper. Its authenticity<br /> does not admit of a doubt, and the high position<br /> of the periodical isan assurance that the information<br /> is bond fide.<br /> <br /> ‘“T could give you the names of several men, and<br /> women too, who are féted and flattered and made<br /> lions of on the strength of books not a line of which<br /> they have written, or could write if they would. I<br /> myself have just completed a novel of 120,000<br /> words, which will swell the reputation of a certain<br /> popular lady writer.”’<br /> <br /> Other instances, which I need not particularize,<br /> of similar malpractices have fallen under my own<br /> notice. Of course, the perpetrators of these frauds<br /> are pledged to silence and secrecy. The person<br /> who is writing for a livelihood naturally will not<br /> divulge names ; the celebrity who is fattening on<br /> the hack’s brains laughs in his sleeve at the<br /> uncritical, gullible public, and enjoys ill-gotten<br /> gains. It is altogether a disgraceful and debasing<br /> business ; a detestable crime so difficult to prove<br /> and punish.<br /> <br /> Of course, the rage for names, stimulated by<br /> papers devoted to personalities; the craving to<br /> read something by an author who has perhaps<br /> startled the public with daring revelations of gush<br /> or indiscretion, may account for these spurious<br /> imitations. May be, a series of judicious personal<br /> paragraphs, unveracious interviews, or audacious<br /> logrolling may have lifted a commonplace romancer<br /> into dazzling eminence, so that an extraordinary<br /> demand has sprang up for the gifted writer’s books,<br /> and as time and opportunity have limits, the pro-<br /> ductions must be continued by the hacks engaged<br /> for the purpose. I have quoted the actual words<br /> of one in this article, but there must be hundreds<br /> of others ; unknown scribes, who, unable to launch<br /> their own ventures, are at this moment encouraging<br /> the greed of known authors and publishers.<br /> <br /> Is it not possible for this fraud to be stopped or<br /> checked ? If not, it will continue to flourish and<br /> increase, till the time may come when all lucky<br /> authors who have made hits may live in leisured<br /> ease on immense incomes solely derived by this<br /> specious fraud. Is it not of sufficient importance<br /> to engage the attention of the Society of Authors ?<br /> Is it not a disgrace to literature, a stigma on the<br /> profession, and a trial to all honest, literary effort ?<br /> <br /> IstporE G. ASCHER.https://historysoa.com/files/original/5/486/1903-10-01-The-Author-14-1.pdfpublications, The Author
487https://historysoa.com/items/show/487The Author, Vol. 14 Issue 02 (November 1903)<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=49&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=%3Cem%3EThe+Author%3C%2Fem%3E%2C+Vol.+14+Issue+02+%28November+1903%29"><em>The Author</em>, Vol. 14 Issue 02 (November 1903)</a><a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=51&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Publication">Publication</a>1903-11-02-The-Author-14-229–56<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=89&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=14">14</a><a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=76&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=1903-11-02">1903-11-02</a>219031102Che Hutbor.<br /> <br /> (The Organ of the Incorporated Society of Authors.<br /> <br /> FOUNDED BY SIR<br /> <br /> Monthly.)<br /> <br /> WALTER BESANT.<br /> <br /> <br /> <br /> <br /> <br /> Vou. XIV.—No. 2<br /> <br /> NOVEMBER 2ND, 1903.<br /> <br /> [PRICE SIXPENCE.<br /> <br /> <br /> <br /> <br /> <br /> TELEPHONE NUMBER :<br /> 374 VICTORIA.<br /> <br /> TELEGRAPHIC ADDRESS :<br /> AUTORIDAD, LONDON.<br /> <br /> SN at a<br /> <br /> NOTICES.<br /> <br /> ——— +9<br /> <br /> OR the opinions expressed in papers that are<br /> KF signed or initialled the authors alone are<br /> responsible. None of the papers or para-<br /> graphs must be taken as expressing the opinion<br /> of the Committee unless such is especially stated<br /> to be the case.<br /> <br /> Tue Editor begs to inform members of the<br /> Authors’ Society and other readers of 7he Author<br /> that the cases which are from time to time quoted<br /> in The Author are cases that have come before the<br /> notice or to the knowledge of the Secretary of the<br /> Society, and that those members of the Society<br /> who desire to have the names of the publishers<br /> concerned can obtain them on application.<br /> <br /> —<br /> <br /> List of Members.<br /> <br /> Tue List of Members of the Society of Authors,<br /> published October, 1902, at the price of 6d., and<br /> the elections from October, 1902 to July, 1903, as<br /> a supplemental list, at the price of 2d. can now be<br /> obtained at the offices of the Society.<br /> <br /> They will be sold to members or associates of<br /> the Society only.<br /> <br /> Ss<br /> <br /> The Pension Fund of the Society.<br /> <br /> THE investments of the Pension Fund at<br /> present standing in the names of the Trustees are<br /> as follows.<br /> <br /> This is a statement of the actual stock ;<br /> <br /> VoL. XIV.<br /> <br /> the<br /> <br /> money value can be easily worked out at the current<br /> price of the market :—<br /> <br /> Cope Soe hs £1000 0 0<br /> <br /> <br /> <br /> <br /> <br /> Tic@al Moats: 2.0... iii 500 0 0<br /> Victorian Government 3 % Consoli-<br /> dated Inscribed Stock ............... 291 19 11<br /> War Doan. 201 9 3<br /> Total 3... ou, 993 Se?<br /> Subscriptions.<br /> 1903. £ sd.<br /> Jan. 1, Pickthall, Marmaduke 010 6<br /> » Deane, Rey. A. C. 010 0<br /> Jan. 4, Anonymous 0 5 0<br /> » Heath, Miss Helena 0 5 0<br /> 5 Russell, G. H. ts 1 50<br /> Jan. 16, White, “Mrs. Caroline 0 5 0<br /> » Bedford, Miss Jessie 0 5 90<br /> Jan. 19, Shiers-Mason, Mrs. 0 5.0<br /> Jan. 20, Cobbett, Miss Alice ; 0p 0<br /> Jan. 30, Minniken, Miss Bertha M.M. 1 0 0<br /> Jan. 31, Whishaw, Fred. . 0. 10 0<br /> Feb. 3, Reynolds, Mrs. Fred 0 5 O<br /> Feb. 11, Lincoln, C. . 0 5 0<br /> Feb. 16, Hardy, J. Herbert . 0 5 O<br /> » Haggard, Major Arthur . 0 5 0<br /> Feb. 23, Finnemore, John 0 5 0<br /> Mar. 2, Moor, Mrs. St. C. . 1 0. 0<br /> Mar. 5, Dutton, Mrs. Carrie 015 6<br /> Apl. 10, Bird, Cp. - 0.10 6<br /> Apl. 10, Campbell, Miss Montgomery . 0 8 0<br /> May Lees, R. J. : Sd 20<br /> 5 Wright, J. Fondi : 0 5 0<br /> Donations.<br /> <br /> Jan. 3, Wheelright, Miss E. 0 10.6<br /> » Middlemass, MissJean . ~ 0-100<br /> <br /> Jan. 6, Avebury, The Right Hon.<br /> The Lord . : as)<br /> » Gribble, Francis 010 0<br /> Jan. 13, Boddington, Miss Helen . 010 6<br /> 30 THE AUTHOR.<br /> <br /> £ 2. d.<br /> Jan. 17, White, Mrs. Wollaston 110<br /> » Miller, Miss E. T. . 0 5 O<br /> Jan. 19, Kemp, Miss Geraldine 010 6<br /> Jan. 20, Sheldon, Mrs. French 0 5 0<br /> Jan. 29, Roe, Mrs. Harcourt i 010 O<br /> Feb. 9, Sherwood, Mrs. , : 010 6<br /> Feb. 16, Hocking, The Rev. Silas 1170<br /> Feb. 18, Boulding, J. W. . 010 6<br /> s, Ord, Hubert H. 010 O<br /> Feb. 20, Price, Miss Eleanor 010 0<br /> » Carlile, Rev. J.C. . 010 0<br /> Feb. 24, Dixon, Mrs. . 5 0 0<br /> Feb. 26, Speakman, Mrs... 010 0<br /> Mar. 5, Parker, Mrs. Nella 010 0<br /> Mar. 16, Hallward,N.L. . 110<br /> Mar. 20, Henry, Miss Alice . - 0-6 0<br /> » Mathieson, Miss Annie . - 010 0<br /> <br /> » Browne, T. A. (“ Rolfe Boldre-<br /> wood”) ; : _ 1 tb 0<br /> Mar. 23, Ward, Mrs. Humphry . -10 0 0<br /> Apl. 2, Hutton, The Rev. W. H. 2 0 0<br /> Apl. 14, Tournier, Theodore ; 0 5 0<br /> May King, Paul H. . : - 010 0<br /> es Wynne, Charles Whitworth .10 0 0<br /> » 21, Orred J. Randal : Jl 20<br /> June 12, Colles, W. Morris . .10 0 0<br /> » Bateman, Stringer . . 010 6<br /> &gt; Anon . i 0 5 0<br /> » Mallett, Reddie 0 5 0<br /> Oct. 27, Sturgis, Julian . 50 0 0<br /> <br /> The following members have also made subscrip-<br /> tions or donations :—<br /> <br /> Meredith, George, President of the Society.<br /> Thompson, Sir Henry, Bart., F.R.C.S.<br /> Rashdall, The Rey. H.<br /> <br /> Guthrie, Anstey.<br /> <br /> Robertson, C. B.<br /> <br /> Dowsett, C. F.<br /> <br /> There are in addition other subscribers who do<br /> not desire that either their names or the amount<br /> they are subscribing should be printed.<br /> <br /> Se oe es<br /> <br /> FROM THE COMMITTEE.<br /> <br /> —_-—~&gt;—+—_<br /> <br /> AT the first meeting of the Committee held after<br /> the vacation, at 39, Old Queen Street, fifty-two<br /> new members and associates were elected. This<br /> election the Committee consider most satisfactory.<br /> The total number of elections for the current year<br /> amount now to 164. The full list of the month’s<br /> elections is printed below.<br /> <br /> A good many small matters that had been col-<br /> lecting during the vacation came up for considera-<br /> <br /> tion, but no very contentious business. The<br /> settlement of the date for the unveiling of the<br /> memorial to Sir Walter Besant was postponed<br /> until after the return of Mr. Frampton, the<br /> sculptor, from abroad. Due notice will be given<br /> to all members when the details are fixed. It was<br /> decided to invest a further sum of £90 of the Life<br /> Membership Account in the purchase of War Loan.<br /> This raises the Society’s investments to consider-<br /> ably over £800. Should no unforeseen claim be<br /> made on the Society’s resources owing either to<br /> the loss of some action or expenditure on behalf<br /> of some other matter in which the Committee feel<br /> bound to uphold the principles of the Society, the<br /> Reserve Fund ought before the end of next year to<br /> amount to close upon £1,000,<br /> <br /> The Committee decided to undertake the stamp-<br /> ing of songs at the ordinary charge for such work<br /> on behalf of those musical composers who are<br /> members of the Society. This action will no<br /> doubt be of considerable convenience to sony<br /> writers. There were one or two small cases<br /> before the Committee. It is, however, inexpedient<br /> <br /> at the present time to declare the action of the<br /> Committee.<br /> <br /> —-——+<br /> <br /> Cases.<br /> <br /> SINCE the last month’s issue of the cases placed<br /> in the hands of the Secretary sixteen further disputes<br /> taken up on behalf of members have to be recorded.<br /> Hight referred to the return of MSS.; of these five<br /> have been successful; the MSS. having been sent to<br /> the office and returned to the author. The editors<br /> in all cases have shown themselves anxious to assist<br /> the Society’s efforts. In one of the other three<br /> cases diligent search has been made, but no<br /> evidence that the MS. reached the office exists, so<br /> although the editor has done what he could the<br /> author has no legal claim. In one of the other two<br /> a letter written by the Secretary has been returned<br /> through the dead letter office, and it has been found<br /> impossible to trace the person to whom the MSS.<br /> were sent. he final case has only been taken up<br /> during the last few days, and no answer has as yet<br /> been received.<br /> <br /> In two instances the copyright of members has<br /> been infringed.<br /> <br /> An author’s song was republished, together<br /> with music, by Messrs. Chappell &amp; Co., who received<br /> the song with the music from the composer, and<br /> published it in ignorance of the fact that there was<br /> any copyright existing. As soon as their attention<br /> was drawn to the matter, without demur they paid<br /> the sum required by the author, and agreed to<br /> publish his name on all future copies.<br /> <br /> The second case dealt with the infringement of<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> i<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR. 31<br /> <br /> the copyright in a dramatic piece by the publica-<br /> tion of the same in story form, incident for incident,<br /> with nearly all the minor details complete. The<br /> story was issued by a well-known publishing house<br /> as a penny novelette. It would be impolitic to<br /> make any further comment on this case at present,<br /> but we hope to insert a statement in 7’e Author at<br /> a later date.<br /> <br /> On four occasions the Secretary had to ask for<br /> accounts which had not been rendered in accordance<br /> with the clause inthe agreement. These have been<br /> forwarded in due course and satisfactorily settled.<br /> One matter was for money and accounts. This<br /> has been completed by the rendering of the accounts<br /> and the payment of the amount. Another claim of<br /> money for articles published has now been amicably<br /> arranged. Lastly, a case has arisen where an<br /> author paid a sum for work to be finished by a<br /> certain date. The work has not been done in<br /> accordance with the contract, and the Secretary<br /> has the matter in hand to see that the contract is<br /> properly carried out. It is hoped that it will not<br /> be necessary to take legal proceedings.<br /> <br /> Of the cases mentioned in the last issue only<br /> three are still unfinished. One refers to a demand<br /> of a member against a paper in India. Owing to<br /> the difficulties of correspondence, and the length<br /> of time that must elapse between each letter, the<br /> matter is still left open, but the Editor of the paper<br /> in question has replied to the Secretary’s demand,<br /> and no doubt a reasonable settlement will be come to.<br /> <br /> Another case is against the firm of Messrs.<br /> Romeike and Curtice, the well-known press cutting<br /> agents.<br /> <br /> A member of the Society, who lives abroad,<br /> wrote to these agents asking that an album of<br /> cuttings referring to a book he had lately pub-<br /> lished should be forwarded to him, at the same<br /> time enclosing their fee.<br /> <br /> Not having received the album our member<br /> communicated with the Secretary, who wrote to<br /> the firm on his behalf on May 27th Jast, and on<br /> the 8th of June received an answer as follows :—<br /> <br /> “ DEAR S1Rx,—In reply to your letter of the 27th ult.,<br /> re the albums of Mr.L.W. We have ascertained that they<br /> were completed and in error sent to Zanzibar.<br /> <br /> ‘We. are extremely sorry for this, and have communi-<br /> cated with Mr. W. We will at any expense procure<br /> duplicate cuttings, mount them, and despatch next week.<br /> <br /> “ Yours faithfully,<br /> “ ROMEIKE and CURTICE.”<br /> <br /> No explanation was given as to why the album<br /> was sent to Zanzibar when the member resides in<br /> Spain. Nor, in spite of this statement and of<br /> several subsequent letters written to the firm, has<br /> the album as yet been forwarded. As late as<br /> October 21st the Secretary received a letter from<br /> our member saying that it had not come to hand.<br /> <br /> _ The third case is for money due for articles pub-<br /> lished in a well-known weekly ladies’ paper. Here<br /> owing to the fact that the member of the Society<br /> lived abroad, there was some difficulty ; but the<br /> Secretary obtained from the editor, ‘after some<br /> little correspondence, a cheque on account and<br /> a promise that the matter would be finally arranged<br /> when the member returned to England and was<br /> able to send in a formal account.<br /> <br /> os<br /> <br /> October Elections.<br /> “ Airam ” : ; :<br /> Armstrong, T. P. . - 126.<br /> S. W.<br /> <br /> Baden - Powell, Major- 32, Princes Gate, SW.<br /> <br /> General R. 8S. S., O.B.<br /> Barker, H. Granville<br /> Barrett, Frank<br /> <br /> Queen’s Gate,<br /> <br /> Thwaite Rectory, Han-<br /> worth, Norwich.<br /> Beldam, George William. Boston Lodge, Brent-<br /> <br /> ford.<br /> Bell, R. S. Warren . 12, Burleigh Street,<br /> Strand, W.C.<br /> Bishop, John . “ Avington,” Hunger-<br /> ford.<br /> Blake, J. P. Bass ‘“‘Danesdale,” York<br /> Road, Southend,<br /> Essex,<br /> Boulton, Miss Helen M. . Seend, Melksham,<br /> Wilts.<br /> Briscoe, John Potter - 38, Addison Street,<br /> Nottingham.<br /> Burrows, Prof. Montagu. 9, Norham Gardens,<br /> ; Oxford.<br /> <br /> Carnegie, Mrs. Lindsay Kimblethmont, Ar-<br /> (Chameleon) broath, N.B.<br /> <br /> Clark, Arthur S. 109, Park Side, Wood-<br /> ford Green.<br /> <br /> 109, Park Side, Wood-<br /> ford Green.<br /> <br /> Cock, Mrs. Alfred(#. Cock) 2, Tregunter Road,<br /> <br /> The Boltons, S.W.<br /> Keningale Ardat, Southall.<br /> <br /> Clark, Mrs. Janet .<br /> <br /> Cook, Mrs.<br /> <br /> (Mabel Collins)<br /> Curry, Commander E. Naval and Military<br /> Hamilton Club, Piccadilly, W.<br /> <br /> Dale, T. F. New Club, 4, Grafton<br /> Street, W.<br /> <br /> Daly, Charles . 31, Drayton Park, N.<br /> <br /> “ Paul Danby ”<br /> <br /> Dutton, T. D. Springhall, Sawbridge-<br /> worth, Herts.<br /> <br /> Escott, T. H.S. . . 33, Sackville Road,<br /> <br /> Hove, Brighton.<br /> Francis, Miss Rose (Ruby Burnham, Norton,<br /> <br /> Lynn) King’s Lynn.<br /> <br /> <br /> 32<br /> Godard, John George<br /> <br /> Graves, Charles L. .<br /> Harrison, Frederic .<br /> <br /> Hartley, Miss Elizabeth .<br /> <br /> Hawkins-Ambler, G. A. .<br /> Hodgkin, Thomas .<br /> Jennings, J. G.<br /> <br /> oJ. MY . : :<br /> Kendal, John (Dum Dum)<br /> <br /> Laverack, The Rev. F. J.<br /> <br /> Legge, W. Heneage<br /> <br /> —tLuceas, FE. V. .<br /> <br /> Mallett, Reddie<br /> Mark, H. Thiselton<br /> Parsons, E. B.<br /> Pierpoint, A. E.<br /> Romanes, Miss Ethel<br /> <br /> “Prior Salford” . ;<br /> Smith-Dampier, Miss N.<br /> <br /> Stanton, Vincent Henry .<br /> Stephens, Lucy H. G.<br /> <br /> Symons, Arthur<br /> <br /> Taylor, Harold<br /> <br /> Turner, Samuel<br /> <br /> Wharton, Leonard Cyril<br /> (Ignoramus)<br /> <br /> Wilson, Andrew<br /> <br /> THE AUTHOR.<br /> <br /> 7, Radleigh Gardens,<br /> Brixton Hill, S.W.<br /> Athenzeum Club, S.W.<br /> Elm Hill, Hawkhurst,<br /> <br /> Kent.<br /> <br /> 16, Adair House, Oak-<br /> ley Street, Chelsea,<br /> S.W.<br /> <br /> 30, Rodney Street,<br /> Liverpool.<br /> <br /> Barmoor Castle, Beal,<br /> Northumberland.<br /> The Wardenry, War-<br /> <br /> minster, Wilts.<br /> <br /> 2, Eliot Place, Black-<br /> heath, S.E.<br /> <br /> 211, New King’s Road,<br /> Parson’s Green, S.W,<br /> <br /> Raymer, near Lewes,<br /> Sussex.<br /> <br /> Harlyn Bay, near Pad-<br /> stow, N. Cornwall.<br /> Owens College, Man-<br /> <br /> chester.<br /> 41, Guildford Street,<br /> Russell Square, W.C.<br /> La Martiniere College,<br /> Lucknow, India.<br /> Pitcalyean, Wigg, Ross-<br /> shire.<br /> <br /> Twyford House, near<br /> Winchester.<br /> <br /> Trinity College, Cam-<br /> bridge.<br /> <br /> Trawsmawr Newydd,<br /> Carmarthen.<br /> <br /> 134, Lauderdale Man-<br /> sions, Maida Vale,<br /> N.W.<br /> <br /> Hampden House,<br /> King’s Cross, N.W.<br /> <br /> Haslemere, Orleans<br /> Road, Upper Nor-<br /> wood, 8.E.<br /> <br /> Brunswick House,<br /> <br /> Gayton Road, Har-<br /> row.<br /> <br /> 110, Gilmore<br /> Edinburgh.<br /> <br /> Place,<br /> <br /> _Two members alone do not desire publication<br /> either of their name or address.<br /> <br /> LITERARY, DRAMATIC, AND MUSICAL<br /> PROPERTY.<br /> <br /> ER ee ee<br /> I.—Dumas Translations.<br /> <br /> Duar Sir,—We understand that your issue of<br /> October 1st contains some criticisms of the fees<br /> which are paid to the translators of our new edition<br /> of the novels of Alexandre Dumas, and we hope<br /> that you will in justice to us insert the following<br /> statement.<br /> <br /> An arrangement was made by us with the editor<br /> of the series, by which he undertook for a certam<br /> fee, suggested by himself, the translation of the set<br /> of novels. He offered to find competent assistants,<br /> and he proposed that we should leave the matter<br /> in his hands. We had no reason to doubt his<br /> competence or his fairness, and an arrangement<br /> was made that he should deliver to us the trans-<br /> lated books and pay his assistants out of the fees<br /> which were received from us. Shortly after the<br /> agreement was made we heard, much to our<br /> surprise, that the editor was paying his colleagues<br /> a sum very much lower than the sum which we<br /> paid him. We at once wrote to him protesting<br /> against the division of the fees, and pointing out<br /> to him that the sum he was paying was far too<br /> low. We insisted upon a higher remuneration,<br /> and in order to make things easier for him and<br /> fairer for his staff, we agreed to pay his contributors<br /> a further sum after the sale of a certain number of<br /> copies of each novel. We hold ourselves personally<br /> responsible and we shall see that such payment is<br /> made when the time comes. The correspondence<br /> is at your disposal.<br /> <br /> You will, we are sure, acquit us of any desire to<br /> induce men or women to translate books at unfair<br /> prices. We have always endeavoured to act fairly<br /> to authors, and we are bound to say that we<br /> are surprised that you should by suggestion call<br /> <br /> our fairness into question without having made -<br /> <br /> inquiries from us concerning the facts on which<br /> you comment.<br /> We are, dear sir,<br /> Yours faithfully,<br /> Mertuvuern &amp; Co.<br /> <br /> —+——+<br /> <br /> II.—The Case of a Lost MS.<br /> <br /> THIS case was heard, by consent, before T.<br /> Willes Chitty, Esq., one of the Masters of the<br /> Supreme Court, in August last.<br /> <br /> The plaintiff was an author, the defendant Mr.<br /> John Long, a publisher, and the action was brought<br /> to recover damages for the detention of a manu-<br /> script of a book written by the plaintiff, entitled<br /> “The New Lorelei.”<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> It appears from the evidence given before the<br /> Master that the plaintiff had written several books,<br /> mostly on historical subjects, and also some short<br /> stories for magazines.<br /> <br /> On the 16th September, 1902, the author called<br /> at the offices of Mr. John Long, taking with her<br /> a typewritten manuscript of a novel which she had<br /> written, consisting of 50,000 words, called ‘The<br /> New Lorelei.” The original manuscript was de-<br /> stroyed after the typewritten copy had been made.<br /> <br /> The author offered the manuscript to a gentle-<br /> man whom she believed to be Mr. John Long, who<br /> stated that he would submit it to his reader, and<br /> let her know the result.<br /> <br /> On the following morning she received a letter<br /> from the defendant acknowledging the receipt of<br /> the manuscript, and at the foot of the letter were<br /> the following words :—<br /> <br /> * Note-—Every care will be taken of works<br /> entrusted to Mr. Long, but he cannot be held<br /> responsible for their loss in transit by fire or<br /> otherwise. Authors should keep copies of their<br /> works.”<br /> <br /> Until the receipt of this letter the plaintiff said<br /> she had never heard of the condition mentioned<br /> in the note. Not having received any communi-<br /> cation from Mr. Long, she wrote to him on the<br /> 5th December, 1902, asking what decision he had<br /> come to with regard to the manuscript, and on the<br /> 6th December received a reply from Mr. Long<br /> saying, “I beg to acknowledge the receipt of your<br /> letter, which shall be duly considered.”<br /> <br /> Again on the 26th January, 1903, another letter<br /> was written inquiring as to Mr. Long’s decision<br /> about the manuscript, to which an answer was<br /> received dated the 28th January, saying that the<br /> letter was receiving Mr. Long’s attention.<br /> <br /> On February 5th, 1903, Mr. Long wrote the<br /> following letter to the plaintiff :<br /> <br /> “THE NEW LORELEI.<br /> <br /> “We find this MS. was returned to you on the 6th<br /> November last ‘per London Parcel Delivery Company.<br /> Will you kindly make enquiries your end?”<br /> <br /> The manager of the London Parcels Delivery<br /> Company was called at the hearing and stated that<br /> no parcel was ever delivered to the company by<br /> Mr. Long addressed to the plaintiff. Eventually<br /> it was admitted on behalf of the defendant that no<br /> one could be called to prove that the manuscript<br /> had been delivered to the company. Mr. Long’s<br /> reader gave evidence to the effect that the manu-<br /> script had been sent to him by Mr. Long to read ;<br /> and he had returned it to Mr. Long with his<br /> comments upon it.<br /> <br /> Mr. W. Oliver Hodges (instructed by Messrs.<br /> Field, Roscoe &amp; Co.) appeared for the plaintiff,<br /> and Mr. Barton (instructed by Messrs. Rivington<br /> &amp; Son) appeared for the defendant.<br /> <br /> 33<br /> <br /> On behalf of the defendant it was contended<br /> that—<br /> <br /> (1.) The defendant was a gratuitous and involun-<br /> tary bailee and only liable for gross negligence,<br /> <br /> (2.) The onus of proving negligence lay on the<br /> plaintiff, and the mere loss of the manuscript by the<br /> defendant was not evidence of negligence.<br /> <br /> (3.) By the terms of the note to the author of<br /> September 16th, 1902, the defendant was absolved<br /> from all liability.<br /> <br /> To these points it was replied on behalf of the<br /> plaintiff that—<br /> <br /> (1.) The defendant having received the manu-<br /> script for the purpose of submitting it to his reader<br /> with a view to seeing whether he would accept it<br /> for publication took the case out of the category of<br /> gratuitous bailees, because the bailment was for the<br /> benefit of both parties.<br /> <br /> (2.) The bailment being for the benefit of both<br /> parties the onus lay on the defendant to show that<br /> the loss occurred without negligence, which he had<br /> failed to do.<br /> <br /> (3.) The terms mentioned in the letter of 16th<br /> September were not mentioned when the defendant<br /> received the manuscript, and could not afterwards<br /> be forced upon the plaintiff; and further, if! the<br /> defendant wished to absolve himself from the<br /> negligence of his servants he must do so in clear<br /> and unambiguous terms, which the note did not do.<br /> <br /> The Master gave judgment for the plaintiff for<br /> £20 with costs, and observed that he would give<br /> the defendant every facility should he desire to<br /> appeal from the decision.<br /> <br /> <br /> <br /> A writer ina weekly newspaper, Zhe Sphere, has<br /> commented on this case, suggesting that the<br /> decision, if legally sound, on which he throws<br /> doubts, was morally unjust, and criticising the<br /> action of our committee in taking up the matter.<br /> <br /> We are confident that our members after reading<br /> the preceding summarised report will consider that<br /> the committee were fully justified in bringing the<br /> case into Court.<br /> <br /> A publisher is a man of business—or at any rate<br /> a man engaged in business—and as such is (as it<br /> happily proved) in some cases legally bound and in<br /> all cases morally bound to deal with property<br /> entrusted to him with ordinary business care.<br /> When he has failed to do so he will not improve<br /> his position in the eyes of the public by making an<br /> attempt which he cannot sustain by evidence, to<br /> shift his responsibility on to others.<br /> <br /> What would the feelings of the anonymous writer<br /> in Zhe Sphere be, if a watchmaker with whom he<br /> had left his watch for repair after long delay failed<br /> to produce it ? Would his higher morality prevent<br /> him from making any claim in respect of the loss ?<br /> <br /> <br /> 34 THE AUTHOR.<br /> <br /> III.—Copyright Infringement in Germany.<br /> <br /> The following particulars may be of interest to<br /> English authors :—Miss Henriette Jastrow, a<br /> German lady living in London, wrote a leading<br /> article, published in the Frankfurter Zeitung, under<br /> the heading, “‘ Made in Germany : a word to German<br /> manufacturers.” A little later she received from<br /> the secretary of the Allgemeine Schriftstellerverein<br /> (German Society of Authors) a letter, informing<br /> her that her article had been reprinted in extenso<br /> by the General-Anzeiger fiir LElberfeld und<br /> Bremen, and that, unless she had given express<br /> permission, such re-publication was an infringement<br /> of the law, for which she could demand compensa-<br /> tion. Having taken legal advice, Miss Jastrow<br /> handed a statement of her case to the public prose-<br /> cutor, requesting him to take action.<br /> <br /> That official replied that her article, not “being<br /> instructive, nor technical, nor entertaining,” did not<br /> fall under the provisions of the law, of which,<br /> therefore, its reproduction was not an infringement,<br /> <br /> Miss Jastrow, on the advice of her solicitor,<br /> appealed to the higher court, submitting that her<br /> article was instructive, technical, and also enter-<br /> taining, and the higher court instructed the public<br /> prosecutor to take proceedings.<br /> <br /> On the commencement of the proceedings the<br /> editor of the offending paper wrote to Miss Jastrow,<br /> informing her that he threw himself at her feet,<br /> and offering to pay her for the article if the pro-<br /> ceedings were dropped.<br /> <br /> Judgment was given against the editor, who was<br /> ordered to pay a fine to the State of 30 marks,<br /> and a “ Busse,” or damages, to Miss Jastrow of<br /> 100 marks (£5).<br /> <br /> The Schriftstellerverein has arranged with a<br /> press cutting agency to receive notice of the re-<br /> publication of articles written by members of the<br /> Society, and the names of the republished articles<br /> are printed in the Society’s organ, Die Feder.<br /> Members who observe unauthorised reprints of<br /> their own articles can obtain from the office of<br /> Die Feder a copy of the offending paper, and can<br /> then apply for payment. If this is not obtained<br /> on application, the Society will initiate proceedings.<br /> It is expected that members whose path has been<br /> thus smoothed should pay 10 per cent. of the<br /> money received to the Society, or 50 per cent. if<br /> legal proceedings were taken by the Society.<br /> <br /> Observations upon the usefulness of the Society<br /> would be superfluous,<br /> <br /> CLEMENTINA BLACK.<br /> <br /> 1<br /> <br /> IV.—Denmark and the Berne Convention.<br /> <br /> Tue King of Denmark has issued a decree<br /> notifying the fact that Denmark became one of<br /> <br /> the signatories to the Berne Convention of 1886,<br /> to the additional Act of Paris, 1896, and the<br /> Explanatory Declaration, as and from the Ist of<br /> July last.<br /> <br /> ‘The law authorising this step was passed by the<br /> Rigsdag some time ago, but only came into force<br /> on the date above mentioned.<br /> <br /> Ho<br /> <br /> OUR BOOK AND PLAY TALK.<br /> <br /> ——&lt; 1+.<br /> <br /> ROFESSOR CHURCH, F.R.S., has just com-<br /> P pleted for the Board of Education the<br /> revision of his South Kensington Hand-<br /> books on ‘“ English Earthenware” and “ English<br /> Porcelain.” ‘hey have been out of print for a<br /> year. The professor has recently published, through<br /> Seeley &amp; Co., a new edition of the “ Portfolio<br /> Monograph on Josiah Wedgwood,” which first<br /> appeared in 1894. The same publishers have also<br /> lately issued a third edition of this author’s<br /> “Chemistry of Paints and Paintings.” A supple-<br /> ment to his “‘ Food Grains of India” has also been<br /> published.<br /> <br /> A volume entitled “ Records and Recollections ”<br /> has been printed privately to the extent of forty<br /> copies only for relatives of Professor Church. It<br /> is an autobiography illustrated by photographs of<br /> miniatures of works of art, etc., but it includes a<br /> bibliography and a list of memoirs and papers.<br /> Copies have been presented to the Bodleian Library,<br /> the British Museum, and the Heralds’ College.<br /> <br /> Sir Norman Lockyer’s address “ On the Influence<br /> of Brain-power on History,” which was delivered<br /> before the British Association for the Advancement<br /> of Science at Southport, on September 9th, 1903,<br /> is to be published in volume form by Messrs.<br /> Macmillan &amp; Co.<br /> <br /> Professor Bertram Windle, M.D., F.R.S., Dean<br /> of the Faculty of Medicine, University of Bir-<br /> mingham, has just finished a book on the “ Pre-<br /> historic Age in England.” It will appear shortly<br /> after Christmas by Messrs. Methuen. One of the<br /> principal features of this book is that it contains<br /> lists of the major objects, such as earthworks,<br /> arranged according to counties, and lists of the<br /> principal museums in which the minor objects can<br /> be seen. At the present time Professor Windle<br /> is engaged with Mr. F. G. Parsons on a work on<br /> the “ Myology of the Mammalia,” which he hopes<br /> to get out some time next year.<br /> <br /> A new volume in the Cambridge Historical<br /> Series is “ The Expansion of Russia” from 1815<br /> to 1900, by Francis Henry Skrine, I.C.S. (retired),<br /> author of “The Life of Sir W. W. Hunter,” etc.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> “The Expansion of Russia” has a copious biblio-<br /> graphy and index, and three coloured maps. Its<br /> price is 6s. nett. oe<br /> <br /> When Mrs. Craigie delivered her presidential<br /> address to the members of the Ruskin Society of<br /> Birmingham at the Priory Rooms, she took as her<br /> subject “ The Science of Life: Saint Ignatius and<br /> Tolstoi.” After confessing that the science of<br /> life was the most difficult subject in the world,<br /> Mrs. Craigie said, among other interesting things,<br /> that the philosophy of Saint Ignatius, reduced to<br /> its simplest form, was that man was made to serve<br /> God and save his own soul. Tolstoi, who had had<br /> exceptional opportunities for becoming disgusted<br /> with the pleasures of life and the rewards of fame,<br /> entreated men not to argue, not to analyse, but to<br /> dig in the fields. .<br /> <br /> Tolstoi found nothing but imperfections in their<br /> <br /> social organisations and immorality in their con-<br /> ceptions of life. Money was bad—was too evil<br /> even to be given away ; it must be destroyed, and<br /> work paid for with work. Those were paralysing<br /> ideas. Mrs. Craigie considered that much of the<br /> present discontent came from the artificial and<br /> unwarrantable importance of position. She saw<br /> nothing in enormous schemes of wholesale reform,<br /> but everything in attention to the individual.<br /> “ Miss Marie Corelli is at work on a new novel<br /> which is more than half finished, though it will<br /> not be published till next spring or summer. The<br /> authoress has sacrificed a considerable amount of<br /> time and money, besides giving a great deal of<br /> ‘personal hard work, to the business of saving the<br /> , old buildings in Henley Street, Stratford-on-Avon,<br /> on the side of Shakespeare’s birthplace, from<br /> complete demolition,/and considers she has won<br /> a victory over the vandals by the statement. of<br /> facts in her pamphlet, “The Plain Truth of<br /> the Stratford-on-Avon Controversy” (Methuen.<br /> Price 1s.)<br /> <br /> She has saved some genuine Shakespearean<br /> property duly authenticated by old leases and<br /> title-deeds, which would have been razed to the<br /> ground in April last but for her protest. The<br /> fight, however, which is not yet ended, has taken<br /> much of her time away from her usual work,<br /> though she has caught up with this considerably<br /> during her two months’ sojourn at Braemar. Here,<br /> _ ina quiet little cottage on “Chapel Brae,” which<br /> commands a magnificent view of the mountains<br /> and moors, she has been writing steadily, giving<br /> all her mornings to work and her afternoons to<br /> open-air exercise, and has so far proceeded with<br /> her new romance that she has commenced a second<br /> book, thus having two on hand at the same time.<br /> <br /> This double production, it will be remembered,<br /> she succeeded in when “ The Master Christian” and<br /> “Boy ” were published almost simultaneously.<br /> <br /> 35<br /> <br /> Mr. George Gissing, who is in the South of<br /> France just now, has in hand a piece of historical |<br /> fiction which has cost, and is costing, him much |<br /> more labour than anything he has ever done. fit<br /> all goes well, it may be finished by the end of this<br /> year.<br /> <br /> 4 Mr. William Le Queux has gone to the villa he<br /> <br /> has recently bought in the vineyards on the hill-side<br /> at Lastra, overlooking Florence, and is there hard<br /> at work on a new Italian romance of the cinque-<br /> cento, which piece of fiction he has been contem-<br /> plating for two years../He has lived in Italy many<br /> years, and has devoted all his spare time to research<br /> for the historical romance he is now completing.<br /> <br /> Next year Mr. Le Queux will figure largely in<br /> the newspapers and magazines. “The Closed<br /> Book” is the title of his new novel in Chambers’s<br /> Journal. A story called “ Who Giveth this Woman”<br /> is announced by Tillotson’s Syndicate. “Both of<br /> This Parish” will ran through the pages of the<br /> Morning Leader, while he has still commissions to<br /> complete during the forthcoming year for Cassell’s<br /> Magazine, The British Weekly, and Tit-Bits.<br /> <br /> Mr. Le Queux isa steady and industrious worker,<br /> who writes every word with his pen, hates the sound<br /> of a typewriter, and finds recreation in the study of<br /> medizval parchments, in the deciphering of which<br /> he is a recognised expert. His book, “ The Ticken-<br /> cote Treasure,” which deals with ancient documents,<br /> is one of the best selling books of last month.<br /> <br /> Mr. Stephen Gwynne’s new novel, “John Max-<br /> well’s Marriage,” which has been running through<br /> Macmillan’s Magazine, is to be published imme-<br /> diately by that firm. It treats of Irish life during<br /> the period 1760—80, the scene of action being<br /> Donegal.<br /> <br /> Mr. Stephen Gwynne has also written for Messrs.<br /> Macmillan a summary sketch called “ Landmarks<br /> of English Literature,” which is in type. A volume<br /> of fishing sketches, mainly written this summer,<br /> Mr. Gwynne hopes to publish next spring. He has<br /> also arranged to do “ Moore” in the English Men<br /> of Letters Series.<br /> <br /> Miss Sarah Doudney is busy with a novel which<br /> she expects to bring out in the spring. The title<br /> is “ One of the Few.” It deals with the inner life<br /> of a single literary woman, divided between her<br /> devotion to her profession and her tenderness for<br /> an old lover.<br /> <br /> Miss Doudney, who left Oxford last March, and<br /> is now living in a pleasant sunshiny house on Old<br /> London Road leading to Portsmouth, wishes it to<br /> be understood that she writes alone, and has never<br /> been associated with a co-worker.<br /> <br /> Miss Clara Linklater Thomson, whose “ Samuel<br /> Richardson” was published by Horace.Marshalt in<br /> <br /> <br /> <br /> <br /> 36<br /> <br /> 1900, and who also contributed a little ‘‘ Life of<br /> George Eliot ” to the Westminster Biographies in<br /> 1901, has been devoting herself to the composition<br /> of school books. She has just published Parts I.<br /> and II. of “ A First Book in English Literature,”<br /> and is now engaged on Part V. of a “ First History<br /> of England,” of which four parts have appeared<br /> and are having a good sale. Miss Thomson is now<br /> acting as educational editor to Messrs, Horace<br /> Marshall. : 2<br /> <br /> Mrs. M. H. Spielmann’s “ Littledown Castle,” a<br /> volume of tales for young people, finely illustrated<br /> by jeading artists, is just out. 5<br /> <br /> Miss Lily Dougall’s new story is to appear first<br /> in serial form in Zemple Bar, beginning next<br /> January, and is entitled ‘The Harthly Purgatory.”<br /> Miss Dougall has left Montreal, and is now living<br /> in South Devon.<br /> <br /> Mr. Allan Fea’s new book, “ After Worcester<br /> Fight,” a companion volume to his “The Flight<br /> of the King,” is to be published very soon by Mr.<br /> John Lane. It will contain five contemporary<br /> accounts of Charles II.’s romantic adventures in<br /> 1651, a lengthy introduction dealing with the early<br /> editions of Thomas Blount’s “ Boscobel,”’ with relics<br /> associated with the king’s escape, traditions,<br /> petitions, etc., and an appendix, including an<br /> enlarged and revised Carlos pedigree, and Colonel<br /> Carlos’s will, etc.<br /> <br /> There are upwards of fifty illustrations in “ After<br /> Worcester Fight,” including many portraits of<br /> Charles and his loyal supporters, and facsimile<br /> reproductions of the quaint illustrations in some<br /> rare editions of Blount’s work, with the author’s<br /> permission.<br /> <br /> Messrs. Edwin Davies &amp; Co., publishers, Brecon,<br /> and Messrs. Quaritch, of London, have in the<br /> press a “‘ Life of Richard Fenton, K.C., F.A.S.,”<br /> the historian, by his grandson, Ferrar Fenton,<br /> F.R.AS., M.C.A.A., to precede a new edition<br /> of the “ Historical Tour through Pembrokeshire,’’<br /> with important additions both literary and artistic.<br /> <br /> A new children’s book by Mrs. Ernest Ames is<br /> just out (Grant Richards). It is called “Tim and<br /> the Dusty Man.” It is illustrated in colours, there<br /> being one large picture to each page. “The<br /> Tremendous Twins,” by this authoress, has gone<br /> well.<br /> <br /> Raymond Jacbern’s new books for children this<br /> season are ‘Three Rascals,’ published by<br /> Messrs. Macmillan, and ‘‘ The Scaramouche Club,”<br /> published by Grant Richards.<br /> <br /> Miss Christabel Coleridge did not undertake any<br /> original work while she was engaged on the life of<br /> Miss C, M. Yonge. She is now, however, writing a<br /> <br /> novel, which she. hopes may be completed early<br /> next year, and she continues to edit Friendly Leaves,<br /> the organ of the Girls’ Friendly Society.<br /> <br /> Miss<br /> <br /> THE AUTHOR.<br /> <br /> Coleridge also hopes to undertake some literary<br /> studies in the Arthurian romances and legends,<br /> <br /> ‘A Lady of Misrule” is the title of the Rev.<br /> Henry Cresswell’s new novel. Messrs, Chatto and<br /> Windus are the publishers.<br /> <br /> John Bickerdyke has resigned his editorial<br /> appointment on The Field, with the object of<br /> returning to his first love, Fiction. His last and<br /> fifth novel, “The Passing of Prince Rozan,” had<br /> the misfortune to be published three weeks before<br /> war was declared, with the result that it had a<br /> greater success in the States than in its native<br /> country. Many authors suffered from the same<br /> cause.<br /> <br /> Austin Clare’s new book, “Court Cards” (F.<br /> Fisher Unwin) is a romance concerning the<br /> “Little Game played between England and<br /> Scotland at the close of Centuary 16.”<br /> <br /> Lovers of the occult and mystical will be<br /> interested to hear of a new magazine, devoted to<br /> these subjects, entitled Out of the Silence—now<br /> in its second year—edited by Miss F. Voisin, B.A.<br /> The October number contained the first instalment<br /> of “The Descent,” a poem by an experienced<br /> writer, for many years a member of the Author’s<br /> Society.<br /> <br /> Mr. Arrowsmith, of Bristol, is to publish imme-<br /> diately “A Patience Pocketbook Plainly Printed,”<br /> put together by Mrs. Theodore Bent. It is very<br /> small and compact, and is for the use of travellers.<br /> <br /> Mr. Arthur H. Holmes, author of “ Gumford,’”<br /> etc., has published through Mr. T. Burleigh, at<br /> <br /> ‘2s. 6d., a volume of stories under the title of<br /> <br /> ‘“ Light and Shade.”<br /> <br /> We have received a copy of a little publication<br /> which may be useful to some of our members. It<br /> is The Book Monthly, an illustrated record, guide,<br /> and magazine for booksellers, librarians and pub-<br /> lishers, book-buyers, readers and writers. It is.<br /> published: by Messrs. Simpkin Marshall, Hamilton,<br /> Kent &amp; Co., Limited, at 6d. nett. Its list of “ New<br /> Books Nearly Ready,” and the classified catalogue<br /> of the noteworthy books, new editions, and reprints.<br /> of the month, meet a want, and that in a clear and<br /> concise form.<br /> <br /> Mr. Kipling’s “ The Five Nations” ranks high<br /> <br /> jamong the books recently published by members.<br /> |of our Society.<br /> <br /> Besides the popular edition, there<br /> is one on hand-made paper, limited to two hundred<br /> copies. There is also an edition of thirty copies.<br /> on Japanese vellum at five guineas nett.<br /> <br /> Mr. John Davidson’s new book (Grant Richards)<br /> entitled “The Rosary” is a miscellany of criticism,<br /> fable and parable, and other utterances in verse<br /> and prose. The Coronation Ode written for the<br /> Daily Chronicle is in it, also “ An Helogue of the<br /> Downs,” which appeared in the Anglo-Saxon.<br /> Review,<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> “; We need only mention Mr. H. G. Wells’s<br /> “Mankind in the Making” (Chapman and Hall),<br /> which is attracting so much attention. It is<br /> being largely bought and widely read. We are<br /> sorry we cannot squeeze in even one extract from<br /> it. Chapter X., “ Thought in the Modern State,”<br /> has a particular interest for members of the Society<br /> of Authors.<br /> <br /> We note, among other books recently published<br /> by members, Miss Beatrice Harraden’s “‘ Katharine<br /> Frensham,” Mr. Stanley Weyman’s “The Long<br /> Night,” Mr. Fred Whishaw’s “A Splendid<br /> Impostor,” Mr. F. G. Aflalo’s “Fishes of Our<br /> Seas,” Mr. Neil Munro’s “ Children of Tempest,”<br /> the Hon. Maurice Baring’s ‘The Black Prince”<br /> (a volume of plays in blank verse), Mr. Robert<br /> Machray’s “ The Mystery of Lincoln’s Inn,” which<br /> has been running in 7ii-Bits: Miss Iza Duffus<br /> Hardy’s “ A Butterfly,” Major Arthur Griffiths’<br /> “The Silver Spoon,” Mrs. Hugh Fraser’s “The<br /> Stolen Emperor,” E. Phillips Oppenheim’s “The<br /> Yellow Crayon,” and Mr. Sidney Pickering’s “The<br /> Key of Paradise.”<br /> <br /> Mr. Max Pemberton is writing a modern society<br /> story for the Queen, rather a novel departure for<br /> him. His play, “The Finishing School,” will, Mr.<br /> Pemberton hopes, be produced by Mr. Frank<br /> Curzon before the New Year.<br /> <br /> A dramatic version of Mrs. Croker’s novel,<br /> “Terence,” is being played in the United States<br /> with great success by Chauncey Olcott, the well-<br /> known “star.” The actor and critics are unanimous<br /> in declaring the part of Terence to be the best and<br /> most telling character Mr. Olcott has ever repre-<br /> sented. The play is drawing enormous audiences,<br /> and will be one of the chief attractions in New<br /> York during the winter season. It will probably<br /> be seen in London at a later date.<br /> <br /> Mrs. Croker’s Indian novel, “Her Own People,”<br /> which she completed last year, is to be published<br /> immediately by Messrs. Hurst and Blackett.<br /> <br /> “Man and Superman: A Comedy and a Philo-<br /> sophy,” by Bernard Shaw (Constable), is another<br /> volume by a prominent member of our Society<br /> which is attracting much attention. “Some like<br /> best the “ Epistle Dedicatory to Arthur Bingham<br /> Walkley.” Some prefer the Comedy ; others have<br /> much enjoyed the “ Revolutionists’ Handbook and<br /> Pocket Companion by John Tanner, M.LR.C.<br /> (Member of the Idle Rich Class).”<br /> <br /> “* At Home’ Recitations” has been published<br /> by Miss Ellen Collett, author of “ Play Time<br /> Poems,” “ Flower Fancy,” and other lyrics.<br /> <br /> The same author is producing a song cycle, which<br /> ‘will be sung by a well known vocalist early in 1904.<br /> <br /> Miss Mary Carmichael is the composer.<br /> <br /> Miss Jean Middlemass is publishing a novel<br /> with Messrs. Digby, Long &amp; Co., entitled “ Till<br /> <br /> oT<br /> <br /> Death us do Part,” which will be on the market<br /> in the course of November.<br /> <br /> A book by “ Officer,” entitled “Smith of the<br /> Shamrock Guards,” has been published by Messrs.<br /> Greening &amp; Co., at the price of 2s. 6d. The book<br /> is a drama, in a prologue and five acts, and is dedi-<br /> cated by “ Officer” “to all those officers who, like<br /> myself, abhor the disgraceful system of ‘ ragging,’”<br /> <br /> Mr. J. C. Dick has published with Mr. Henry<br /> Frowde an interesting book on the songs of Robert<br /> Burns, with the melodies for which they were<br /> written. Those who are lovers of old tunes will<br /> have much to learn from the contents of the work.<br /> <br /> /_On Thursday evening, October 8th, Mr. A. W. |<br /> <br /> Pinero’s remarkable new drama, in four acts and<br /> an epilogue, entitled “ Letty,” was produced by Mr,<br /> Charles Frohman at the Duke of York’s Theatre.<br /> Tt made a sensation. Miss Irene Vanbrugh ag<br /> Letty Shell scored another great success; so also<br /> did Mr. H. B. Irving in the part of Nevill Letch-<br /> mere. /‘The whole cast is an admirable one.<br /> <br /> ——_-+—~&gt;—-<br /> PARIS NOTES.<br /> <br /> —+—~@—+<br /> <br /> NE of the strongest and most interesting of<br /> () this season’s novels is undoubtedly “ Le<br /> Maitre de la Mer,” by M. de Vogiié. The<br /> portrait of the millionaire, Archibald Robinson,<br /> who appears to be governing the whole commercial<br /> world, is admirably drawn. The description of his<br /> office in Paris reveals to us at once the man.<br /> Everything in perfect order, and not a superfluous<br /> piece of furniture or ornament. The most con-<br /> spicuous object in the room is an enormous terres-<br /> trial globe. The only pictures are three portraits<br /> of Gordon, Livingstone, and Cecil Rhodes.<br /> <br /> It is only in very rare cases that a French<br /> author succeeds in depicting a typical Englishman<br /> or American. M. de Vogiié has accomplished this<br /> exceptional feat, for his American is a genuine one.<br /> Mme. Fianona, too, a young widow who plays<br /> an important réle in the story, is essentially English.<br /> There are other characters in the book which have<br /> evidently been drawn from life. There is a French<br /> explorer, who, for political reasons, has to return<br /> to his native country just as he has accomplished<br /> the task which ought to have brought him the<br /> highest honours.<br /> <br /> Then, too, thereisan Englishman, whoat first seems<br /> very familiar to us. “ Directeur d’un magazine ou<br /> il développe ses idées originales, tantét il endoctrine<br /> et stimule ses compatriotes, tantot il court le monde,<br /> approchant tous les princes, tous les ministres ; il<br /> les interroge, il leur en impose par sa liberté de<br /> langage. II a été l’un des premiers instigateurs de<br /> cet impérialisme qwil voulait pacifique, dont il<br /> <br /> <br /> <br /> <br /> 38<br /> <br /> déplore et finit par absoudre les emportements<br /> belliqueux. ‘Il est trés particulier,’ disent en<br /> souriant les gens de sens rassis ; et leur pretention<br /> est de ne pas compter avec ses idées, avec la petite<br /> clientéle de ses fanatiques. Mais le mysticisme<br /> pratique d’Hiram Jarvis a des prises profondes sur<br /> les coeurs anglais; tel article de lui influence la<br /> Cité, les Communes, la Cour, plus que ne veulent<br /> en convenir ceux qui le suivent en le traitant<br /> d’illuminé.”<br /> <br /> The interest of the story is well sustained, and<br /> the characters are all well studied and carefully<br /> delineated, but the great charm of the book lies in<br /> the setting forth in relief, as it were, the great<br /> difference between the Anglo-Saxon and the Latin<br /> race.<br /> <br /> “Toute mon education,” says the American,<br /> “m’a appris a tenir compte du fait, a en tirer le<br /> meilleur parti pour me faire une vie plus large.<br /> Toute la mienne,” replies the Frenchman, “m’a<br /> instruit 4 mépriser le fait qui opprime lidée, a<br /> mourier plutét que de forfairé.”” The key-note of<br /> the whole book is in these few lines, and the author<br /> then proceeds to explain the difference between the<br /> two men. “Non,” he says, “ces deux hommes<br /> ne pouvaient pas se comprendre. Sous la sphére<br /> symbolique, objet de leurs ambitions et lieu de<br /> leurs conflits, ils personnifiaient le duel tragique<br /> de deux races, de deux mentalités. Tous deux<br /> brilaient de conquérir ce globe, par des voies et<br /> pour des fins différentes: l’un par son or, pour en<br /> amasser d’avantage; Vautre par son épée, pour y<br /> planter un drapeau et s’exalter aux anciens réves<br /> de grandeur que lui rappelait cet embléme. Ie<br /> Missionnaire poursuivait sa mission. ... Son<br /> patriotisme ombrageux prétendait ignorer l’huma-<br /> nité, la civilisation, et cet idéaliste prodigue ne<br /> travaillait &amp; son insu que pour elles. Le fils des<br /> Vikings n’était pas moins sincere, pas moins<br /> fidele au dur prosélytisme appris dans sa vieille<br /> Bible, lorqu’il couvrait de ces grands mots son<br /> besoin d’aventures fructueuses ; et il disait vrai:<br /> comme le désintéressement de l’autre, son indus-<br /> trieuse rapacité collaborait au perfectionnement de<br /> ce globe, a la mystérieuse éclosion du futur ot tous<br /> deux consumaient leurs énergies contraires.”<br /> <br /> “La Vie Simple,” by C. Wagner, is an excellent<br /> book. The author is a great believer in modern<br /> progress, but he deplores the “ confusion de l’acces-<br /> soire avec l’essentiel,” which is so common an error<br /> in everyday life. He maintains that the wealthiest<br /> man may be one of the simplest of individuals,<br /> while beggars, parasites of all kinds, misers, effemi-<br /> nate and ambitious men may be entirely devoid of<br /> ‘esprit de simplicité.” “ La livrée n’y fait rien,”<br /> says M. Wagner, “il faut voir le coeur.... Un<br /> homme est simple lorsque sa plus haute préoccupa-<br /> tion consiste 4 vouloir étre ce qu’il doit étre. .<br /> <br /> THE AUTHOR.<br /> <br /> Aspirer a la vie simple, c’est proprement aspirer<br /> remplir la plus haute destinée humaine. Tous les<br /> mouvements de l’humanité vers plus de justice et.<br /> plus de lumiére ont été en méme temps des mouve-<br /> ments vers une vie plus simple. Jt la simplicité<br /> antique, dans les arts, les mceurs, les idées, ne<br /> garde pour nous son prix incomparable que parce<br /> qu’elle est parvenue a donner un relief puissant &amp;<br /> quelques sentiments essentiels, a quelques vérités<br /> permanentes.”<br /> <br /> One of the finest chapters in the volume is<br /> entitled ‘‘ La pensée simple.” The author is an<br /> optimist, as the following lines will prove: ‘La<br /> confiance fondamentale est le ressort mystérieux<br /> qui met en mouvement tout ce qu&#039;il y a de forces<br /> en nous. Elle nous nourrit. C’est par elle que<br /> Vhomme vit, bien plus que par le pain qu’il<br /> mange. .. . L’histoire de l’humanité est celle<br /> de l’invincible espérance. . . .1 Le pessimisme est<br /> inhumain. ... Pour se permettre de trouver<br /> mauvaise cette chose prodigieuse qui se nomme la<br /> vie il faudrait en avoir vu le fond, et presque<br /> avoir faite.”<br /> <br /> “La Paix Latine” is the title of the latest book<br /> by M. Gabriel Hanotaux. ‘“ L’Energie Francaise ”’<br /> was the description of a tour through France and her<br /> colonies, and this new volume is the account of a<br /> journey farther afield. The author takes us from<br /> Paris to Venice, and from thence to Barcelona,<br /> Madrid, Cadiz, Oran, Tunis, Carthage, Palerma,<br /> Syracuse, and Rome. M. Hanotaux appears to be<br /> well up in the history, the foreign policy, and the<br /> political economy of the various countries about.<br /> which he writes. He is convinced that there must<br /> be a Latin Renaissance, and, after pointing out the<br /> great influence wielded by Italy, France, and Spain<br /> in the past, he shows all that may be done in the<br /> future by the “ Paix Latine.”<br /> <br /> After Pierre Loti’s “ L’Inde ” we have “ Visions<br /> de l’ Inde,” by M. Jules Bois. There is much that<br /> is interesting in this volume, but it is more a series<br /> of impressions than a detailed description of India.<br /> <br /> ‘“‘L’Année Fatale” is the title of the eighth<br /> volume of M. Ollivier’s “ History of the Second<br /> Empire.” It treats of the events of 1866, and shows<br /> up the huge mistakes which were made, and which<br /> led to the war of 1870. M. Ollivier has consulted<br /> the letters and memoirs published on the subject<br /> in Italy, Germany, and England, and has inter-<br /> viewed many men who were in a position to know<br /> all the political affairs of the times, so that this new<br /> volume throws light on much that has hitherto<br /> appeared mysterious.<br /> <br /> La Fayette’s correspondence which contains his<br /> “Lettres de Prison” and “ Lettres de |’Hxile”<br /> (1791—1801) has been published, together with<br /> <br /> an excellent biographical study written by M. Jules.<br /> Thomas.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR. 39<br /> <br /> Among the most interesting articles in the recent<br /> reviews are the following :—“ Les Origines du<br /> Roman Balzacien,” by M. André le Breton, in the<br /> Revue de Paris. “ En Pays Bouddhique,” by M.<br /> André Chevrillon, in the Revwe des Deux Mondes.<br /> In this review there is also an excellent transla-<br /> tion of Mrs. Humphry Ward’s novel “ La fille de<br /> Lady Rose.” In the Mercure de France there is<br /> a most interesting article by Arthur Symons on<br /> ‘Casanova &amp; Dux.” The Weekly Critical Review<br /> is also publishing a very fine series of articles by<br /> M. Rémy de Gourmont on “ La Littérature Anglaise<br /> en France.” This review publishes, too, every<br /> week an article by Arthur Symons, and French<br /> readers appear to take the greatest interest in the<br /> subjects treated by our celebrated English critic.<br /> <br /> At the Francais Blanchette, by M. Brieux, has<br /> been put on again. It is the story of a young<br /> girl educated above her station in life. She finds<br /> herself out of her element in her father’s home, and<br /> goes away to seek her fortuneelsewhere. She finds<br /> out her mistake, returns to her parents, and con-<br /> sents to marry the man she had disdainfully refused<br /> some time before. The play is slight but powerful,<br /> and was as well received as when it was first<br /> produced.<br /> <br /> The Gymnase has put on an excellent piece in<br /> five acts by MM. Gugenheim and Le Faure. Itis<br /> entitled L’Epave, and takes us back to the days<br /> which followed Waterloo.<br /> <br /> Louis XVIII. reigns, and Napoleon’s faithful<br /> soldiers are in disgrace. The piece opens with a<br /> fete given by M. de Montenoi, one of the aides-de-<br /> camp in great favour with the King. His wife,<br /> Louise, is the daughter of General Faverney, one<br /> of the most devoted of Napoleon’s soldiers. He is<br /> supposed to be dead, as he was among the missing<br /> after the fatal battle.<br /> <br /> The Chevalier de Meyrargues, who had served<br /> under General Faverney, asks Mme. de Montenoi<br /> to meet him at a house kept by Fvareste Lemblin<br /> at Reuilly, one of the suburbs of Paris. Lemblin<br /> also has a café at the Palais Royal, which is a famous<br /> meeting-place for the half-pay officers of the Grande<br /> Armée. The police keep guard on this café, fearing<br /> an insurrection against the King. In the second<br /> act Mme. de Montenoi, closely veiled, arrives at<br /> the house indicated by her father’s old friend. There<br /> she learns that the General is not dead, and almost<br /> immediately he appears on the scene and reproaches<br /> his daughter bitterly for having married one of the<br /> King’s minions. He proclaims to her his plan for<br /> bringing about a Revolution, and Louise is tortured<br /> between her love for her husband and her devotion<br /> to her father.<br /> <br /> In the third act we are introduced into the bureau<br /> of Baron Chatelard, in the Palace of the Tuileries,<br /> Chatelard is going through the papers belonging<br /> <br /> to the detective service, and believes he has a<br /> case against Meyrargues and Mme. de Montenoi.<br /> Faverney, too, is there, and has taken the name of<br /> Lieutenant Landrieux. The whole affair is most<br /> complicated, and the situation extremely dramatic.<br /> Another scene takes place at the Café Lemblin.<br /> The chiefs of the conspiracy find that they have<br /> been betrayed, and Faverney suspects Meyrargues.<br /> The final scene is superb. The General is arrested,<br /> he avenges himself on Chatelard, loses his reason,<br /> and imagines himself on the battlefield just as the<br /> military music announces the arrival of the King.<br /> The piece will no doubt have great success in other<br /> countries, as there is nothing from beginning to<br /> end to which exception could be taken ; the situa-<br /> tions are extremely dramatic, and the interest well<br /> sustained. M. Calmettes and M. Dumeny are<br /> excellent in their réles.<br /> <br /> At the Opéra Comique Za Tosca has been<br /> given, arranged as an opera in three acts by MM.<br /> Illica and Giacosa, and translated into French by<br /> M. Ferrier.<br /> <br /> Atys HALLARD.<br /> <br /> a ee a os<br /> <br /> THE HANDICAP OF DISTANCE.<br /> <br /> ee ee<br /> <br /> HAVE been asked by the Editor to give the<br /> readers of Zhe Author an idea of what are<br /> the special difficulties that prevent writers<br /> <br /> at the other side of the world from obtaining a<br /> hearing in England.<br /> <br /> All these difficulties can be traced to one<br /> source, the six weeks’ distance that divides them<br /> from the market to which they desire to send their<br /> wares.<br /> <br /> Of recent years a great many articles and even<br /> some books have appeared, purporting to teach the<br /> youthful writer how he is to open the editorial<br /> oyster-shell. The advice given is on the whole<br /> sound and excellent, only much of it is quite<br /> inapplicable here. For instance, a favourite maxim<br /> common to all such literary mentors runs some-<br /> thing like this: ‘‘Don’t be disheartened, keep<br /> sending your manuscript to one magazine after<br /> another.” One cheerful writer, speaking from his<br /> own experience, thinks that till an article has been<br /> declined by at least forty editors it would be pre-<br /> mature to throw it aside as wholly unsuitable. He<br /> <br /> _ gives instances of articles of his own which had<br /> <br /> been finally accepted after as many as twenty-six<br /> and thirty-seven postal journeys. How would<br /> that work out for the colonial writer? A manu-<br /> script cannot possibly make its trip to England and<br /> back under an average of thirteen weeks, that<br /> would make four journeys in a year. It would<br /> take six and a half years to try twenty-six editors,<br /> <br /> <br /> 40<br /> <br /> and ten years to reach the limit of forty. How<br /> many magazine articles would retain their fresh-<br /> ness all that time ? how many would be lost in<br /> transit ? and what a Fortunatus’ purse would be<br /> needed for postage! All the ordinary obstacles<br /> that meet the young English writer, little disagree-<br /> ments about payment, the loss of manuscripts, and,<br /> more serious and more common than all, the logs of<br /> photos, are multiplied tenfold by distance. As in<br /> Newton’s law, the personal importance of a con-<br /> tributor to an editor certainly varies inversely as<br /> the square of the distance which separates them.<br /> Then editors are human: they can get so much on<br /> the spot that they think twice before accepting an<br /> article if it has to be returned to Australia for any<br /> trifling alteration or abridgment. They hesitate<br /> still longer before they give an order for work to<br /> be executed so far away. I for one hardly blame<br /> them, though when I see the superficial work,<br /> studded with inaccuracies of fact and quite un-<br /> Australian in spirit, which passes current for<br /> Australian news in the daily press and in magazines,<br /> I feel that English readers as well as Australian<br /> writers suffer from a great deal of mutual misunder-<br /> standing.<br /> <br /> If an editor should desire to make enquiry as to<br /> the Lona fides of anew contributor, he very often<br /> does not know how to go about it, and prefers to<br /> take no risks. An instance of this puzzle-headed-<br /> ness of the average English editor was made<br /> public some time ago. When the bubonic plague<br /> first broke out in the Australian ports, a young<br /> man, a journalist, who happened to be going to<br /> England shortly afterwards, wrote a sketch on the<br /> methods pursued to extirpate infected rats, of<br /> which he had been a witness here. The sketch<br /> may have been a poor one, but two at least of the<br /> various London editors who refused it gave definite<br /> reasons of another sort. One said that he had not<br /> heard that plague had seriously attacked Australian<br /> cities, and in any case he did not see that the subject<br /> particularly coneerned readers in London. London!<br /> the greatest port in the world! he last to whom<br /> it was offered before being torn up, remarked that<br /> he no more believed in the bubonic plague rat than<br /> in the delirium tremens snake. An enquiry at the<br /> docks or at the School of Tropical Medicine might<br /> have enlightened him. “Ah! but,” says some<br /> one, “think of De Rougemont.” I do think of<br /> De Rougemont, and would reply to my critic that<br /> in his case it was just because some one did not<br /> know where to enquire or did not trouble to enquire<br /> that his huge canards were let locse on England.<br /> <br /> The first task is to get your manuscript inserted.<br /> That accomplished, in matter of payment the<br /> colonial author is at the mercy of his editor to a<br /> degree of which the English resident can have no<br /> conception. An editor or proprietor can pay<br /> <br /> THE AUTHOR.<br /> <br /> anything he likes, he can pay nothing, and except<br /> to members of the Authors’ Society there is no<br /> practicable remedy. These two difficulties sur-<br /> mounted, there remains the third, the greatest<br /> of all, though it will probably strike some of you<br /> in quite a comical light : To see his own article in<br /> print. With contributions published in newspapers,<br /> the odds are even if he ever does. But what<br /> matter, I hear it suggested, to any one past the<br /> stage of the youthful and trembling aspirant.<br /> This matter, that not only is the difficulty of<br /> obtaining fair remuneration thereby complicated,<br /> but in newspaper work all the practical educative<br /> effect of seeing where the editorial blue pencil may<br /> have been used is lost, of noting what in the<br /> editorial eye—that is, in the last resort, in the<br /> English public eye—are the telling points in his<br /> article or his story. Again, unless he belongs to a<br /> press-cutting agency, and few young writers can<br /> afford that luxury, he misses many opportunities<br /> of seeing letters, literary notices and other criticisms<br /> upon his work or his opinions, Is all this no loss ?<br /> <br /> One last pin-prick is inflicted by the Australian<br /> postal system. Not only is the normal rate of<br /> postage to and from England on both letters and<br /> manuscripts heavy, but English correspondents do<br /> not realise this, and the amount of mail matter<br /> that weekly reaches Australia with deficient postage<br /> is incredible. The “more to pay” may be any-<br /> thing from 1d. to 5s. or more. The errors made<br /> are two. Letters are sent at English inland rate,<br /> both as to weight and amount. Manuscripts and<br /> photos are sent closed up, or letters are enclosed in<br /> open manuscripts, the whole perhaps weighing<br /> several ounces, to be surcharged on delivery at<br /> double letter rate, or 5d. per half-ounce.<br /> <br /> It is clear then that a writer resident in<br /> Australia cannot carry out the maxim to look after<br /> his own affairs. He must entrust his manuscripts to<br /> another. Someworry their friends, but that can only<br /> be done occasionally. There remains the literary<br /> agent, as to whose ability and disinterestedness<br /> opinions vary. Buta trustworthy agent who would<br /> make a speciality of Australian work and advertise<br /> the fact in Australian newspapers, giving proper<br /> references, would find no lack of clients. There is<br /> one thing the literary agent cannot do for another,<br /> and that is, make the slight but often important<br /> alterations in phrasing, that render an article<br /> attractive in a particular quarter. But if he did<br /> everything short of that the Australian writer<br /> would be in a less disheartening position than he<br /> generally occupies to-day.<br /> <br /> If the desirable literary agent with an Australian<br /> connection is going to materialise shortly, he will<br /> be by so much the more useful if he has relations<br /> with New York. The best class of American<br /> editors, with due respect to English editors, pay<br /> <br /> <br /> <br /> <br /> THE AUTHOR. 4}<br /> <br /> their contributors much higher rates than prevail<br /> in England, and are scrupulously punctual, prompt<br /> and business-like in their dealings.<br /> <br /> Atick HENRY.<br /> Melbourne, Australia.<br /> <br /> ——_—_—_———_+—&lt;—___—<br /> <br /> REALISM IN FICTION.<br /> <br /> <br /> <br /> UST as there are preternaturally respectable<br /> self-elected custodians of public morality who<br /> would ruthlessly destroy undraped statues,<br /> <br /> and consign to the flames every picture in which<br /> the nude figure appears, so there are other kin-<br /> dred spirits who would have each book faithfully<br /> descriptive of life’s seamy side burnt by the com-<br /> mon hangman and its author branded as an outlaw<br /> withont benefit of sanctuary.<br /> <br /> If the world were an earthly Paradise, men and<br /> women angels deprived of wings, no necessity for<br /> thinkers to treat of subjects other than the most<br /> idyllic would arise. But the merest tyro emanci-<br /> pated from paternal tutelage is brought face to<br /> face with problems calculated to induce grave<br /> reflection, though he may not find it expedient<br /> to discuss them in “‘ polite society,” as soon as he<br /> knocks unbefriended at the gloomy portal of life.<br /> <br /> Were the least communicative citizen of the<br /> world in Christendom to describe a portion only<br /> of what he has seen with his own eyes and heard<br /> with his own ears, he would be in a position to<br /> publish a volume infinitely more shocking than<br /> any effort in the realms of fiction ; for the wildest<br /> flights of a novelist’s imagination would collapse<br /> before the sombre actualities of human depravity<br /> perpetrated without cessation in countries which it<br /> is our graceful method to label Christian.<br /> <br /> It must be remembered that authors do not<br /> ‘manufacture their records in order to convince the<br /> irresponsible. The hoyden’s giggle, the hobblede-<br /> hoy’s guffaw, the prude’s snort, and the prig’s<br /> scowl, they, as a rule, completely ignore in their<br /> mental calculations. There are passages in Shake-<br /> speare, nay, in Holy Writ itself, whose repetition<br /> provokes only insensate manifestations from<br /> listeners of such mould.<br /> <br /> The machinery of the brain once set in motion<br /> cannot be retarded or stopped out of consideration<br /> for the susceptibilities of a class intellectually too<br /> microscopic for the author’s eye to perceive.<br /> <br /> Realism in fiction! And why not ? To advocate<br /> evil, to deck it with perfumed garments and price-<br /> less gems, to make it alluring and seductive is one<br /> affair—the affair of the minor poet.<br /> <br /> To expose its horrors, to foreshadow retribution<br /> inevitably attendant upon its heels, to strip it naked,<br /> <br /> to lay bare its festering sores so that spectators<br /> shudder, inwardly resolving to avoid the delusive<br /> phantasm at all costs—surely this partakes rather<br /> of the nature of a great moral lesson than of a<br /> wanton invitation.<br /> <br /> Descending to a rather lower level of argument,<br /> the writer of this slight plea of justification for the<br /> existence of realism in fiction directs attention to<br /> the obvious inconsistency of those who oppose it<br /> on a basis of public morality ; seeing that, while<br /> reporters are permitted to enlarge at their own<br /> discretion (subject to editorial sanction) upon<br /> loathsome criminal and divorce evidence, it is<br /> both unjust and unreasonable to forbid novelists<br /> to exercise their pens upon matter incomparably<br /> less crudely offensive.<br /> <br /> Let guardians of universal purity, who would<br /> blush to be caught perusing realistic novels, explain<br /> why, not infrequently, they flock to the Law Courts<br /> during the hearing of cases of particularly obscene<br /> or atrocious sensationalism.<br /> <br /> Let them account for the presence of English-<br /> women at these ghastly lecal entertainments, if<br /> the sensibilities of the feminine gender are indeed<br /> and in very truth so ultra-refined that they must<br /> needs be protected from literary moral contagion.<br /> <br /> Now a writer never obliges anybody to purchase<br /> his alleged outrages upon public decorum. How-<br /> ever pernicious his wares may be stigmatised by<br /> his enemies, they must be sought by those desiring<br /> to become familiar with their contents. Disap-<br /> proval of them would be, surely, more effectually<br /> expressed by withholding assistance to their sale, a<br /> course of action decidedly simpler than that of an<br /> enactment of bell-men’s vé/e, and a free advertise-<br /> ment for the very works they profess to abhor.<br /> <br /> Those wretched raids made by the police from<br /> time to time upon booksellers retailing reprints of<br /> Aristotle and unexpurgated editions of volumes<br /> never intended by their creators to be handled by<br /> any save intelligently appreciative students—under<br /> which head disgusting small boys and sly kitchen<br /> wenches emphatically do not come—strike the<br /> present writer as being egregiously illogical, inas-<br /> much as they tickle curiosity concerning knowledge<br /> it is their presumed motive to suppress.<br /> <br /> When the history of current literature arrives at<br /> something approaching elaborated form, two men,<br /> both of them grim, frank, inflexible realists, will<br /> be distinguished as stars of the first intellectual<br /> magnitude amid a whole constellation of dim and<br /> shadowy contemporaries—Zola and Tolstoi. The<br /> <br /> first lived to be honoured in the capital—London<br /> —where he had been venomously attacked and his<br /> publisher prosecuted.<br /> <br /> Passing phases, either of acclamation or oppro-<br /> brium, leave about as much trace behind as the<br /> wind, of which, indeed, they mainly consist.<br /> <br /> <br /> 42<br /> <br /> Authors who conscientiously believe in holding<br /> up the mirror to life may boast the advocacy of<br /> no less stern a moralist than the redoubtable<br /> <br /> r. Johnson.<br /> <br /> e “ Books,” said he, “ without the knowledge of life<br /> are useless, for what should books teach but the art<br /> of living?”<br /> <br /> eatin, pretence, mock-modesty, and hum-<br /> bug, both in literature and life, no doubt prevailed<br /> in his day as they prevail in a far more aggravated<br /> form in our own. :<br /> <br /> In confirmation of Dr. Johnson’s dictum, we<br /> observe Schopenhauer declaring in his “ Essay on<br /> Education”: “The most, necessary thing for the<br /> practical man is the attainment of an exact and<br /> thorough knowledge of what is really going on in<br /> the world. .. . In getting such a knowledge of the<br /> world, it is as a novice that the boy and youth<br /> have the first and most difficult lessons to learn ;<br /> but frequently even the matured man has still<br /> much to learn. The study is of considerable diffi-<br /> culty in itself, but is made doubly difficult by<br /> novels, which depict the ways of the world and<br /> of men who do not exist in real life. But these<br /> <br /> are accepted with the credulity of youth, and<br /> become incorporated with the mind ; so that now,<br /> in the place of purely negative ignorance, a whole<br /> framework of wrong ideas, which are positively<br /> wrong, crops up, subsequently confusing the school-<br /> ing of experience and representing the lesson it<br /> <br /> teaches in a false light. If the youth was pre-<br /> viously in the dark, he will now be led astray by<br /> a will-o’-the-wisp ; and with a girl this is still more<br /> frequently the case.<br /> <br /> “ They have been deluded into an absolutely false<br /> view of life by reading novels, and expectations<br /> have been raised that can never be fulfilled. This<br /> generally has the most harmful effect on their<br /> whole lives.”<br /> <br /> Let antagonists of realism in fiction swallow the<br /> above excerpt from the conclusions of a man pro-<br /> found in reflection and clear in articulation, and,<br /> as the morsel digests, consider whether, after all,<br /> it is so laudable an undertaking to inculcate in<br /> books, lessons hereafter to be disproved by experi-<br /> ence ; to hoodwink innocence and impose upon<br /> ignorance. ;<br /> <br /> In the interests of commonsense, let them medi-<br /> tate upon the absurdity of execrating realism in<br /> fiction so long as newspaper editors and pro-<br /> prietors are free to sell, like hot rolls, editions<br /> detailing infamous cases, and popular fancy rapa-<br /> ciously seizes upon such putrid messes of realism<br /> in life.<br /> <br /> In an age when no man’s private affairs are<br /> respected by the skulking spies of an advanced<br /> press, and a gallant soldier may be driven to<br /> death by their hateful interference, it is but<br /> <br /> THE AUTHOR.<br /> <br /> childish work to assume pious horror at the un-<br /> conventional honesty of certain writers.<br /> Considerations of cant apart, the ruling of a<br /> character so unimpeachable as was that of Dr.<br /> Johnson, ‘Books without the knowledge of life<br /> are useless ; for what should books teach but the<br /> art of living?” must carry weight with open-<br /> minded adjudicators upon the question before us.<br /> Meanwhile the position of those individuals who<br /> would insist on compelling novelists to pen glorified<br /> halfpenny novelettes for the delectation of senti-<br /> mental servant girls ; or preposterous “‘ romances ”<br /> to glut the appetites of mental striplings; or<br /> fatuous “revelations” of a “high life,” to which<br /> their exponents have never by any chance been<br /> admitted, for the special and particular enlighten-<br /> ment of a worthy social substratum professing a<br /> righteous spirit of austerity towards everybody and<br /> everything pertaining to the “ upper ten,” yet per-<br /> versely delighting in nothing better than in feast-<br /> ing upon its imaginary sayings, doings, manners,<br /> and habits—all of which delude their unsophisti-<br /> cated readers into “an absolutely false view of<br /> life ”—is identical with that of the cranky bigots<br /> who scream when they behold a classical or mytho-<br /> logical picture, and avert their eyes at the un-<br /> abashed apparition of a piece of Grecian sculpture.<br /> <br /> L. Haruinerorp Norra.<br /> <br /> ig<br /> <br /> MAGAZINE CONTENTS.<br /> <br /> ges<br /> BLACKWOOD’s MAGAZINE.<br /> <br /> An article on Russia and Japan.<br /> Reviews—<br /> Mr. Morley’s Life of Gladstone.<br /> Mr. Whibley’s monograph on Thackeray.<br /> Mr. Henry James’ biography of William Wetmore Story,<br /> The War in the West. By Martini.<br /> An article on the Fiscal Question.<br /> The first instalment of a story by Hugh Clifford, ‘ Sally :<br /> A Study.”<br /> Musings without Method.<br /> A Perilous Ride. By Pilgrim.<br /> <br /> THE CORNHILL MAGAZINE,<br /> <br /> Good Living. By Laurence Housman,<br /> <br /> The Fond Adventure. Part I. By Maurice Hewlett.<br /> <br /> Blackstick Papers, No. 7. By Mrs. Richmond Ritchie.<br /> <br /> In Guipuzeoa, III. By Mrs. Woods.<br /> <br /> A Son of Empire. By Hamilton Drummond,<br /> <br /> The Queen’s Brooch: A Postscript. By Sarah Sisson.<br /> <br /> Chateaubriand and his English Neighbours. By the Rev.<br /> D. Wallace Duthie.<br /> <br /> A Rodeo in Southern California.<br /> Vachell.<br /> <br /> Mark Macintosh’s Lyrical Monologue.<br /> “Cock.” By F. 8.<br /> <br /> Provincial Letters.<br /> By Urbanus Sylvan.<br /> <br /> Midnight in Cloudland: An Experiment. By the Rev.<br /> John M. Bacon.<br /> <br /> By Horace Annesley<br /> Made at the<br /> XIII.—A House in Hertfordshire.<br /> <br /> <br /> <br /> <br /> <br /> <br /> ‘<br /> <br /> THE AUTHOR.<br /> <br /> The Sorrows of Mrs. Charlotte Smith. By Viscount St.<br /> Cyres. :<br /> The Countess and the Frying-pan. By M. E. Francis.<br /> FORTNIGHTLY REVIEW.<br /> <br /> Pinchbeck Protection. By Autonomos.<br /> Mr. Chamberlain : The Protagonist and the Future. By<br /> <br /> Calchas,<br /> <br /> Economic Prejudice against Fiscal Reform. By L. L.<br /> Price.<br /> <br /> The Political Poetry of Mr. William Watson. By G. K.<br /> <br /> Chesterton,<br /> <br /> The Alfieri Centenary. By Count Rusconi.<br /> <br /> Tribe and Family. By Andrew Lang.<br /> <br /> The Alaskan Boundary. (Some opinions of those who<br /> cross it.) By Elizabeth Robins.<br /> <br /> The Education Act in the New Parliament.<br /> Macnamara, M.P.<br /> <br /> An Old-World Governess. By D. W. Rannie.<br /> <br /> The Austro-Hungarian Deadlock. By Maurice Geroth-<br /> wohl,<br /> <br /> Thackeray as a Reader and Critic of Books.<br /> Melville.<br /> <br /> The Question of Korea. By Alfred Stead.<br /> <br /> Behind the Scenes of Scottish Politics,<br /> Wallace, LL.D.<br /> <br /> The Woman at the Crossways.<br /> <br /> Lalla Radha and the Churel.<br /> <br /> By T. J.<br /> <br /> By Lewis<br /> <br /> By William<br /> <br /> By Fiona Macleod.<br /> By Laurence Hope.<br /> <br /> Theophano: The Crusade of the Tenth Century<br /> (Chapters iii., iv. and v.). By Frederic Harrison.<br /> Correspondence. By Ernest Marriott. (EK. A. Poe and<br /> <br /> Dr. Russel Wallace.)<br /> LONGMAN’S MAGAZINE.<br /> <br /> Nature’s Comedian (Chapters ix., x.). By W. E. Norris,<br /> <br /> The Nemesis of Froude. By A. L.<br /> <br /> First o’ May. By Ben Bolt.<br /> <br /> Young Russian and Young Englishman.<br /> Clayton.<br /> <br /> The Fairy Pipers. By Duncan J. Robertson.<br /> <br /> Old-fashioned Accomplishments. By Clementina Black.<br /> <br /> The Justice of the Mountains. By Frances MacNab.<br /> <br /> Canada in the Sixties—III. By Paul Fountain.<br /> <br /> On a Cuban Ingenio. By Naranja Amarga.<br /> <br /> The Disenchanted Squirrel. By Netta Syrett.<br /> <br /> At the Sign of the Ship. By Andrew Lang.<br /> <br /> By N. W.<br /> <br /> THE PALL MALL MAGAZINE,<br /> <br /> Master Workers——VIII. The Rt. Hon. J oseph Chamber-<br /> lain, M.P. By Harold Begbie.<br /> <br /> Joseph Chamberlain: The Orator and Debater. By Spencer<br /> Leigh Hughes.<br /> <br /> Autumn near London. By William Hyde.<br /> <br /> Porlick’s Theory: A Complete Story. By Mayne Lindsay,<br /> <br /> Real Conversations.— VII. With Mr. Sidney Lee.<br /> By William Archer.<br /> <br /> The Wish. By Marie Van Vorst.<br /> <br /> Sand-Daisy: A Story. By Eden Phillpotts,<br /> <br /> Recollections of the Chatsworth Theatricals.<br /> Trevor.<br /> <br /> The Wild Dream of Morris Ellison: A Story. By Frederick<br /> Wedmore.<br /> <br /> My First Stag—and Some Others.<br /> Karr, M.P.<br /> <br /> The Queen’s Quair: Book II. (Chapters i., ii.). By Maurice<br /> Hewlett.<br /> <br /> The Rhymer: A Poem. By H. D. Lowry.<br /> <br /> In the Cause of Science: A Story. By Gerald Maxwell.<br /> <br /> Say, But a Kiss: A Poem, By G. A.J. Cole.<br /> <br /> Literary Geography: The English Lakes, II. By William<br /> Sharp.<br /> <br /> By Leo<br /> <br /> By Sir Henry Seton-<br /> <br /> <br /> <br /> 43<br /> <br /> Edmund Rostand. By Felicien Pascal.<br /> <br /> James Abbott McNeill Whistler, By Wilfrid Meynell.<br /> <br /> The Palace of Sleep : A Poem, By Maria 8. Steuart.<br /> <br /> The Vineyard (Chapters xiv., xv.). By John Oliver Hobbes<br /> (Mrs. Craigie).<br /> <br /> The Round Table: The Stone Age.<br /> Watson.<br /> <br /> Over the Sea: A Poem.<br /> <br /> By H. B. Marriott-<br /> <br /> By Charles Marriott,<br /> <br /> THE WORLD’s Work.<br /> <br /> The Right Hon. Earl Spencer, K.G. (Special Portrait.)<br /> <br /> The March of Events. (With-full page Portraits of the<br /> Right Hon. Alfred Lyttelton, K.C., M.P., and the Right<br /> Hon. H. 0. Arnold-Forster, M.P.)<br /> <br /> The Month in Polities, By the Editor.<br /> <br /> Peace or War in the Far East ? By the Editor.<br /> <br /> The Hope of Temperance Reform, 3y the Editor.<br /> <br /> Mr. Chamberlain’s Case and its Answer.<br /> <br /> Alaska and its Prospects, By William R. Stewart.<br /> (Ilustrated.)<br /> <br /> Railway Motor Cars. By H. G. Archer.<br /> <br /> Municipal Milk. By C. Ww. Saleeby, M.B.<br /> <br /> The Day’s Work of a Ship’s Captain, (ustrated.)<br /> <br /> Preparing an Atlantic Liner for Sea. (illustrated.)<br /> <br /> The Worm Disease among Miners. By J. Court, L.R.C.P.<br /> <br /> Making a Protective Tariff, By Chalmers Roberts,<br /> <br /> Life in the Zoo. By R. I. Pocock. Cillustrated.)<br /> <br /> Cold Storage and Ice Making. By R. M. Leonard,<br /> (llustrated.)<br /> <br /> The Scottish Granite Industry,<br /> Cillustrated.)<br /> <br /> The Art of Memory. By Eustace Miles.<br /> <br /> The Work of a Lady Health Lecturer.<br /> took.<br /> <br /> A Daily Newspaper for Madame.<br /> <br /> Gladstone the Worker.<br /> <br /> The New Poultry Movement.<br /> Cillustrated.)<br /> <br /> The Story of Irish Lace. 3y E. M. Leahy. Clustrated.)<br /> <br /> The Books of the Month. (With Portraits of Mr. Richard<br /> Whiteing, Mrs. Fuller Maitland, Mr. Cutcliffe Hyne, Mr.<br /> H. G. Wells.)<br /> <br /> The World of Women’s Work.<br /> <br /> Among the World’s Workers,<br /> <br /> (Ulustrated.)<br /> (Illustrated.)<br /> <br /> By William Diack,<br /> <br /> By Clarence<br /> By Alfred Harmsworth.<br /> <br /> By Home Counties,<br /> <br /> TO —<br /> <br /> TRADE NOTES.<br /> ae<br /> The Primrose Press.<br /> <br /> “The Primrose Press,” we understand, is the<br /> name of a new publishing house which is being<br /> started under the management of Mr. Allen Upward<br /> and Mr. L. Cranmer Byng.<br /> <br /> J. C. Nimmo, Ltd,<br /> <br /> The first meeting of the creditors and contribu-<br /> tories under the winding-up order made against<br /> John C. Nimmo, Limited, was held on Oct. 9th<br /> at the offices of the Board of Trade, in Companies<br /> Winding-up, Carey Street, Lincoln’s Inn.—Mr.<br /> Winearls, Assistant Receiver, read his report.—<br /> The Official Receiver was appointed liquidator to<br /> wind up the company.<br /> 44<br /> <br /> WARNINGS TO THE PRODUCERS<br /> OF BOOKS.<br /> <br /> —+——+ —<br /> <br /> ERE are a few standing rules to be observed in an<br /> agreement. There are four methods of dealing<br /> with literary property :—<br /> <br /> I. Selling it Outright.<br /> <br /> This is sometimes satisfactory, if a proper price can be<br /> obtained, But the transaction should be managed by a<br /> competent agent, or with the advice of the Secretary of<br /> the Society.<br /> <br /> Il. A Profit-Sharing Agreement (a bad form of<br /> agreement).<br /> <br /> In this case the following rules should be attended to:<br /> <br /> (1.) Not to sign any agreement in which the cost of pro-<br /> duction forms a part without the strictest investigation.<br /> <br /> (2.) Not to give the publisher the power of putting the<br /> profits into his own pocket by charging for advertisements<br /> in his own organs, or by charging exchange advertise-<br /> ments. Therefore keep control of the advertisements.<br /> <br /> (8.) Not to allow a special charge for ‘office expenses,”<br /> unless the same allowance is made to the author.<br /> <br /> (4.) Not to give up American, Colonial, or Continental<br /> rights.<br /> <br /> (5.) Not to give up serial or translation rights. :<br /> <br /> (6.) Not to bind yourself for future work to any publisher.<br /> As well bind yourself for the future to any one solicitor or<br /> doctor !<br /> <br /> III. The Royalty System.<br /> <br /> This is perhaps, with certain limitations, the best form<br /> of agreement. It is above all things necessary to know<br /> what the proposed royalty means to both sides. It is now<br /> possible for an author to ascertain approximately the<br /> truth. From time to time very important figures connected<br /> with royalties are published in Zhe Author.<br /> <br /> IV. A Commission Agreement.<br /> <br /> The main points are :—<br /> <br /> (1.) Be careful to obtain a fair cost of production.<br /> (2.) Keep control of the advertisements.<br /> <br /> (3.) Keep control of the sale price of the book.<br /> <br /> General.<br /> <br /> All other forms of agreement are combinations of the four<br /> above mentioned.<br /> <br /> Such combinations are generally disastrous to the author,<br /> <br /> Never sign any agreement without competent advice from<br /> the Secretary of the Society.<br /> <br /> Stamp all agreements with the Inland Revenue stamp.<br /> <br /> Avoid agreements by letter if possible.<br /> <br /> The main points which the Society has always demanded<br /> from the outset are :—<br /> <br /> (1.) That both sides shall know what an agreement<br /> means.<br /> <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 /> <br /> (3.) Always avoid a transfer of copyright.<br /> <br /> 0 a 8<br /> <br /> WARNINGS TO DRAMATIC AUTHORS.<br /> <br /> Seige Sang ee<br /> EVER sign an agreement without submitting it to the<br /> Secretary of the Society of Authors or some com-<br /> petent legal authority.<br /> 2. It is well to be extremely careful in negotiating for<br /> <br /> the production of a play with anyone except an established<br /> manager.<br /> <br /> THE AUTHOR.<br /> <br /> 8. There are three forms of dramatic contract for plays<br /> in three or more acts :—<br /> <br /> (a.) Sale outright of the performing right. This<br /> is unsatisfactory. An author who enters into<br /> such a contract should stipulate in the contract<br /> for production of the piece by a certain date<br /> and for proper publication of his name on the<br /> play-bills,<br /> <br /> (b.) Sale of performing right or of a licence to<br /> perform on the basis of percentages on<br /> gross receipts. Percentages vary between 5<br /> and 15 per cent. An author should obtain a<br /> percentage on the sliding scale of gross receipts<br /> in preference to the American system. Should<br /> obtain a sum in advance of percentages. A fixed<br /> date on or before which the play should be<br /> performed.<br /> <br /> (c.) Sale of performing right or of a licence to<br /> perform on the basis of royalties (7.¢.. fixed<br /> nightly fees). This method should be always<br /> avoided except in cases where the fees are<br /> likely to be small or difficult to collect. The<br /> other safeguards set out under heading (0.) apply<br /> also in this case.<br /> <br /> 4, Plays in one act are often sold outright, but it is<br /> better to obtain a small nightly fee if possible, and a sum<br /> paid in advance of such fees in any event. It is extremely<br /> important that the amateur rights of one-act plays should<br /> be reserved.<br /> <br /> 5. Authors should remember that performing rights can<br /> be limited, and are usually limited, by town, country, and<br /> time. This is most important.<br /> <br /> 6. Authors should not assign performing rights, but<br /> should grant a licence to perform. The legal distinction is<br /> of great importance.<br /> <br /> 7. Authors should remember that performing rights in a<br /> play are distinct from literary copyright. A manager<br /> holding the performing right or licence to perform cannot<br /> print the book of the words.<br /> <br /> 8. Never forget that United States rights may be exceed-<br /> ingly valuable. ‘They should never be included in English<br /> agreements without the author obtaining a substantial<br /> consideration.<br /> <br /> 9. Agreements for collaboration should be carefully<br /> drawn and executed before collaboration is commenced.<br /> <br /> 10. An‘ author should remember that production of a play<br /> is highly speculative: that he runs a very great risk of<br /> delay and a breakdown in the fulfilment of his contract.<br /> He should therefore guard himself all the more carefully in<br /> the beginning.<br /> <br /> 11. An author must remember that the dramatic market<br /> is exceedingly limited, and that for a novice the first object<br /> is to obtain adequate publication.<br /> <br /> As these warnings must necessarily be incomplete, on<br /> account of the wide range of the subject of dramatic con-<br /> tracts, those authors desirous of further information<br /> are referred to the Secretary of the Society.<br /> <br /> —_—_—+ &lt;&gt; —___—_—__<br /> <br /> WARNINGS TO MUSICAL COMPOSERS.<br /> <br /> —<br /> <br /> ITTLE can be added to the warnings given for the<br /> assistance of producers of books and dramatic<br /> authors. It must, however, be pointed out that, as.<br /> <br /> a rule, the musical publisher demands from the musical<br /> composer a transfer of fuller rights and less liberal finan-<br /> cial terms than those obtained for literary and dramatic<br /> property. The musical composer has very often the two<br /> rights to deal with—performing right and copyright. He<br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> should be especially careful therefore when entering into<br /> an agreement, and should take into particular consideration<br /> the warnings stated above.<br /> <br /> Oa<br /> <br /> HOW TO USE THE SOCIETY.<br /> oe<br /> <br /> i. VERY member has a right toask for and to receive<br /> K advice upon his agreements, his choice of a pub-<br /> lisher, or any dispute arising in the conduct of his<br /> business or the administration of his property. The<br /> Secretary of the Society is a solicitor, but if there is any<br /> special reason the Secretary will refer the case to the<br /> Solicitors of the Societv. Further, the Committee, if they<br /> deem it desirable, will obtain counsel’s opinion. All this<br /> without any cost to the member.<br /> <br /> 2. Remember that questions connected with copyright<br /> and publishers’ agreements do not fall within the experi-<br /> ence of ordinary solicitors. Therefore, do not scruple to use<br /> the Society.<br /> <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 /> <br /> 4. Before signing any agreement whatever, send<br /> the document to the Society for examination.<br /> <br /> 5. Remember always that in belonging to the Society<br /> you are fighting the battles of other writers, even if you<br /> are reaping uo benefit to yourself, and that you are<br /> advancing the best interests of your calling in promoting<br /> the independence of the writer, the dramatist, the composer.<br /> <br /> 6. The Committee have now arranged for the reception<br /> of members’ agreements and their preservation in a fire-<br /> proof safe. The agreements will, of course, be regarded as<br /> confidential documents to be read only by the Secretary,<br /> who will keep the key of the safe. The Society now offers:<br /> —(1) To read and advise upon agreements and to give<br /> advice concerning publishers. (2) To stamp agreements<br /> in readiness for a possible action upon them. (3) To keep<br /> agreements. (4) To enforce payments due according to<br /> agreements, Fuller particulars of the Society’s work<br /> can be obtained in the Prospectus.<br /> <br /> 7. No contract should be entered into with a literary<br /> agent without the advice of the Secretary of the Society.<br /> Members are strongly advised not to accept without careful<br /> consideration the contracts with publishers submitted to<br /> them by literary agents, and are recommended to submit<br /> them for interpretation and explanation to the Secretary<br /> of the Society.<br /> <br /> 8. Many agents neglect to stamp agreements. This<br /> must be done within fourteen days of first execution. The<br /> Secretary will undertake it on behalf of members,<br /> <br /> 9. Some agents endeavour to prevent authors from<br /> referring matters to the Secretary of the Society ; so<br /> do some publishers. Members can make their own<br /> deductions and act accordingly.<br /> <br /> 10. The subscription to the Society is £4 1s.&quot; per<br /> annum., or £10 10s. for life membership.<br /> <br /> 45<br /> THE READING BRANCH.<br /> <br /> —+—~<br /> <br /> <br /> <br /> EMBERS will greatly assist the Society in this<br /> N branch of its work by informing young writers<br /> of its existence. Their MSS. can be read and<br /> treated as a composition is treated by a coach. ‘The term<br /> MSS. includes not only works of fiction, but poetry<br /> and dramatic works, and when it is possible, under<br /> Special arrangement, technical and scientific works. The<br /> Readers are writers of competence and experience. The<br /> fee is one guinea,<br /> <br /> <br /> <br /> —&gt;— +<br /> <br /> NOTICES.<br /> —_1~&gt;+__<br /> <br /> HE Editor of Zhe Author begs to remind members of<br /> <br /> the Society that, although the paper is sent to them<br /> <br /> free of charge, the cost of producing it would be a<br /> <br /> very heavy charge on the resources of the Society if a great<br /> <br /> many members did not forward to the Secretary the modest<br /> 5s. 6d. subscription for the year.<br /> <br /> Communications for Ze Author should be addressed to<br /> the Offices of the Society, 39, Old Queen Street, Storey’s<br /> Gate, S.W., and should reach the Editor not later than<br /> the 21st of each month.<br /> <br /> All persons engaged in literary work of any kind,<br /> whether members of the Society or not, are invited to<br /> communicate to the Editor any points connected with their<br /> work which it would be advisable in the general interest to<br /> publish.<br /> <br /> Oo<br /> <br /> Communications and letters are invited by the<br /> Editor on all subjects connected with literature, but on<br /> no other subjects whatever. Every effort will be made to<br /> return articles which cannot be accepted.<br /> <br /> —_+~&gt;—+—_.<br /> <br /> The Secretary of the Society begs to give notice<br /> that all remittances are acknowledged by return of post,<br /> and he requests members who do not receive an<br /> answer to important communications within two days to<br /> write to him without delay. All remittances should be<br /> crossed Union Bank of London, Chancery Lane, or be sent<br /> by registered letter only.<br /> <br /> <br /> <br /> <br /> <br /> AUTHORITIES.<br /> <br /> oe<br /> <br /> We are glad to print under “ Literary, Dramatic,<br /> and Musical Property,” a letter from the firm of<br /> Messrs. Methuen &amp; Co., explaining their position<br /> in the matter of the Dumas Translations.<br /> <br /> We have seen the correspondence referred to in<br /> that letter. The firm seem to have dealt with<br /> the question promptly and vigorously. We give<br /> publicity to this letter with the more pleasure as<br /> our opinian of the transactions of this firm and its<br /> bearing towards authors has in the past always<br /> been favourable.<br /> <br /> It should, however, be remembered that publishers<br /> must bear the responsibility for arrangements made<br /> 46<br /> <br /> in their name and under their authority. — It is<br /> their duty to guard their reputation from criticism<br /> by making sufficient stipulations with those whom<br /> hey employ.<br /> <br /> We aes tad letters from other authors touching<br /> this same question. The need for farther criticism<br /> is at an end, but it may be interesting to state a<br /> few facts concerning the price that ordinary trans-<br /> lation work will obtain in the market. ;<br /> <br /> As a rule, the pay is by no means lavish. In<br /> consequence, many translations are done in a hurried<br /> fashion and in an unsatisfactory manner. The<br /> remuneration given varies between 10s. and 5s. per<br /> thousand words. Sometimes for special technical<br /> work or translations of special difficulty, even a<br /> higher figure is received, but the mean may be<br /> taken at 7s. 6d. A well-known firm always pays<br /> 9s. In consequence, its translations are done with<br /> care, and gain a corresponding reputation in the<br /> book market.<br /> <br /> We print below an article dealing with the<br /> United States Market. The subject must be<br /> one of great importance to all British authors,<br /> and the experience of members of the Society<br /> would be interesting reading. We shall be much<br /> obliged if those authors who have been in the<br /> habit of obtaining these rights, would forward<br /> some facts for the advantage of the other members<br /> of the profession.<br /> <br /> It is with much pleasure that we chronicle at<br /> the same time a marked difference that has<br /> occurred in the forms and terms of agreement<br /> of some of the best known publishing houses<br /> during the last three or four years, in spite of the<br /> draft agreements issued by the Association to which<br /> these firms belong. In one case, for the first time,<br /> we have seen the publisher accept as one of the<br /> terms of the contract a clause undertaking to<br /> “gecure the American Copyright on behalf of the<br /> authors, and further, if the book was finally placed<br /> onthe United States Market through his (the Pub-<br /> lisher’s) agency, agreeing to accept as his share of<br /> the result merely the agency fee, 10 per cent.<br /> This is indeed an advance, as prior to this, the<br /> lowest commission charged was 25 per cent., and<br /> many have asked for half profits for negotiating<br /> the United States Market. Our exultation was<br /> somewhat marred a week later by an agreement<br /> with the same firm asking for 333 per cent.<br /> <br /> THosE members of the Society who care to have<br /> a photographic reproduction of the Memorial to Sir<br /> Walter Besant will be able to obtain the same from<br /> the Autotype Company, 74, New Oxford Street, W.,<br /> at the price of 10s. 6d. each.<br /> <br /> THE AUTHOR.<br /> <br /> OBITUARY NOTICE.<br /> <br /> ——1—~ + —<br /> <br /> T is our sad duty to chronicle the death of one<br /> of the most distinguished members of the<br /> Society and a member of the Council. Pro-<br /> <br /> fessor W. E. H. Lecky died on Thursday,<br /> October 22nd. He was a distinguished scholar, a<br /> thoughtful philosopher, but above all a laborious<br /> and impartial historian. His “ History of Euro-<br /> pean Morals” brought him the well deserved praise<br /> of all intelligent and serious students ; and his fame<br /> as a writer was further enhanced by his monu-<br /> mental work on the “Highteenth Century of<br /> English History.” Every subject he took under<br /> his consideration he treated in a broad spirit, from<br /> the standpoint of the upright judge unswept by<br /> party passion and class bias.<br /> <br /> As a historian, and litterateur, his death must be<br /> a sad loss to all those members of the Society who<br /> are sincerely interested in the fellowship of the<br /> profession.<br /> <br /> But not on his position as an author alone does<br /> his claim to fame rest ; he was a Member of Par-<br /> liament for the University of Dublin, and in 1897<br /> was elected a Privy Councillor.<br /> <br /> From his position as Member of the House of<br /> Commons he used his best endeavours to bring<br /> forward a bill for amending and consolidating the<br /> law of copyright.<br /> <br /> Finally, he obtained the fullest public recognition<br /> of his work when he was appointed one of the<br /> original members of that most exclusive order—<br /> The Order of Merit.<br /> <br /> —_—_—<br /> <br /> ENGLISH AUTHORS AND THE UNITED<br /> STATES RIGHTS.<br /> <br /> ———&gt;+<br /> <br /> HE wider the Copyright Protection the larger<br /> <br /> a nation’s literature. Before there was any<br /> <br /> copyright for British authors in the States<br /> or for United States authors outside their political<br /> combination the works of the former in pirated<br /> form were printed and read everywhere, while<br /> authors—citizens of the United States—save with<br /> afew striking exceptions, did not exist ; and the<br /> United States literature was a tree of stunted<br /> growth.<br /> <br /> The United States publishers, owing to an<br /> honourable understanding among themselves that<br /> if one firm reproduced a British author no other<br /> firm should interfere with his profits, found that<br /> piracy paid, and the would-be United States authors<br /> found that the remuneration of literature did not<br /> suffice to purchase the bare necessaries of life. In<br /> fact the almighty dollar was the moving factor<br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> to the gain of the one side and the loss of the<br /> other. What then was the cause of revolution,<br /> of the change in policy from this restrictive pro-<br /> tection and limitation ?—again the dollar.<br /> <br /> Some keener sighted Yankee watching the<br /> market saw his opportunity, and by a process of<br /> underselling disturbed the family party, till pro-<br /> fits were cut down to nothing, and the trade<br /> generally began to realise that piracy at first so<br /> profitable was now a failure. Then came about<br /> that combination of author and publisher which,<br /> backed by the capital of the latter, was able by a<br /> stubborn political contest to bring about that<br /> alteration in the United States Copyright Law<br /> which gave the right of protection under restric-<br /> tions to the work of foreigners.<br /> <br /> This commercial transaction was covered with<br /> the beautiful cloak of upright dealing to the<br /> foreigner. But whatever the alleged motive—and<br /> there were many put forward—the publisher could<br /> now again produce the work of the. foreigner at a<br /> profit, and he proceeded to do so.<br /> <br /> Owing to previous piracy the author who had<br /> not the unbounded felicity of being a citizen of<br /> the United States had for many years held the<br /> literary market, and to him the United States<br /> tradesman naturally turned in the first instance.<br /> British authors accordingly found that they now<br /> had a double market, from each of which they<br /> could obtain their deserved profit, and the trade<br /> evolved itself along customary lines and under<br /> natural laws.<br /> <br /> By degrees, however, the United States authors<br /> found that this alteration from the protective<br /> copyright of former days to the freer trade of a<br /> broader law raised their efforts in the wage<br /> market. They could now obtain a fair return for<br /> their work. They were not undersold by the pirated<br /> brain work of the foreigner, but they were struggling<br /> in equal competition with other nations, and a<br /> good work had an equal chance in the United<br /> States as in the British Empire and among<br /> European nations. Many accordingly began to<br /> write in earnest for a livelihood where formerly a<br /> few had written for love. Gradually, and as a<br /> natural sequence, the publisher awoke to this<br /> fact. He found the United States author was<br /> more easily dealt with than his brother across the<br /> Atlantic—he knew less of the value of literary<br /> property—that the delay in correspondence was<br /> less, and that the United States public had a<br /> natural leaning towards those who described in<br /> feeling terms their own patriotic ideals, or lashed<br /> unfeelingly their own patriotic vices.<br /> <br /> Accordingly where one name was known in<br /> literature in a few years there were ten, and the<br /> foreigner appeared to be losing ground. For this<br /> latter fact there was another cause. Hitherto the<br /> <br /> 47<br /> <br /> United States publishers had been looking to the<br /> British author and had been competing for the<br /> purchase of his wares, deeming them the best to<br /> supply the market, now they looked to the United<br /> States. The British author failed to grasp the fact.<br /> <br /> It is necessary therefore—to use some oft-<br /> quoted words—that he should “wake up.” He<br /> does not want to write better stuff; it is only<br /> given to the few to be “among the gods.” But<br /> he does want to see that his wares are better<br /> marketed as far as the United States is concerned.<br /> For this purpose it is essential to lay bare a few<br /> faults and suggest a few remedies. Sir Walter<br /> Besant has often pointed out that it is in no way<br /> derogatory to a writer to obtain the best market<br /> for his wares. Nor need this latter point in any<br /> way detract from his artistic effort.<br /> <br /> There are two ways in which authors can deal<br /> with the United States market. (1) Direct, (2)<br /> Through an agent.<br /> <br /> As the first method is most important it is<br /> necessary to consider the means an author should<br /> employ in order to obtain an opening.<br /> <br /> It is feared that some authors have allowed<br /> matters to glide along too smoothly and prefer to:<br /> lose the market by leaving the matter in the hands<br /> of the middleman—the publisher or the literary<br /> agent—rather than bestir themselves. It is<br /> essential that an author should at once grasp the<br /> fact that the United States market is of consider-.<br /> able value, is worth a struggle to obtain, and<br /> when obtained is worth holding ; that the United<br /> States magazines pay for serial use, in many cases.<br /> larger sums than the English magazines ; that the.<br /> United States book market is almost as equally pro-<br /> ductive, from a financial point of view, asthe English..<br /> <br /> There are those authors who, cursed with the<br /> artistic temperament, and full of the loathing for:<br /> all business transactions, are unable to carry:<br /> through their®own negotiations _ satisfactorily.<br /> For these an agent is necessary. But for those—<br /> and there are not a few—who are blessed with<br /> cool business heads, the best method of dealing<br /> with these rights is by going direct to the United<br /> States publisher or United States editor. As.<br /> there must be some delay in the correspondence,<br /> even when the publisher or editor has an office in,<br /> London, the author should take care to begin<br /> early in trying to place his work—some time before-<br /> he commences to try and place the book in<br /> England. Instead of leaving these negotiations. .<br /> to the last minute, as is the common practice at.<br /> present—a practice which cannot but end in<br /> failure—he should take time by the forelock. He:<br /> should not be disheartened by refusals, but should<br /> continue with even greater persistence than he<br /> would, did he desire English publication only.<br /> His energy must increase commensurately with his.<br /> 48<br /> <br /> difficulty. It is almost certain that if his work<br /> has any value he will at last obtain his reward.<br /> There are, no doubt, some books which are suitable<br /> for the English market only, but these are the<br /> exceptions. Many kinds of literature appeal to<br /> the whole world. :<br /> <br /> When an offer has been made, then it may be<br /> worth while to put the agreement before the<br /> secretary of the Society of Authors for advice and<br /> counsel. Further, as there must necessarily be<br /> some delay owing to the distance between the<br /> United States and the British Isles, it is advis-<br /> able to deal in the first instance with the best<br /> known publishing houses and the best known<br /> magazines. For although the terms of the agree-<br /> ment may not be altogether satisfactory, and<br /> though it may be impossible to alter them in detail<br /> owing to delay, yet a bad agreement with a trust-<br /> worthy house might be more worthy of acceptance<br /> than a better agreement with a doubtful tradesman.<br /> British authors should not however abandon weakly<br /> an important term in the contract merely on<br /> account of delay. They should endeavour to make<br /> their arrangements so that a little delay will not<br /> invalidate their position. Above all things they<br /> should persist and insist.<br /> <br /> In considering the second method, the different<br /> forms of dealing through an agent must be<br /> enumerated and considered. Firstly, it is possible<br /> <br /> to deal through the United States literary agent,<br /> who will deal with the United States publisher.<br /> Secondly, to deal with the English agent who<br /> <br /> deals with the United States publisher. Thirdly,<br /> with the English agent who deals with the United<br /> States agent who deals with the United States<br /> publisher. Fourthly, with the English agent who<br /> deals with the English publisher who deals with<br /> the United States publisher; and lastly, with the<br /> English publisher who acts as agent and deals<br /> with the United States publisher.<br /> <br /> As has been pointed out already, the system of<br /> dealing direct is, on the whole, the soundest,<br /> but if an agent has to be employed, it is best for<br /> the author to obtain a trustworthy agent in the<br /> United States, and request him to attend to the<br /> matter on his behalf. An agent on the other side<br /> can deal direct with the publisher, and loses no<br /> time between the rejection by one publisher and<br /> the transmission of the MS. to another. He<br /> should not, save under exceptional circumstances,<br /> be allowed a free hand to accept any terms without<br /> the author’s sanction. Although agents, no doubt,<br /> have large knowledge of the trade, they are not<br /> always infallible. There are not many literary<br /> agents in the United States, but there are one or<br /> itwo whose work has been thoroughly satisfactory.<br /> An author should avoid if possible an agent who<br /> also acts for English publishers.<br /> <br /> THE AUTHOR.<br /> <br /> Under the next three headings the question of<br /> the English agent is raised, and there is no doubt<br /> that he cannot work so successfully in obtaining<br /> the United States rights as his fellow-trader in<br /> America. Firstly, if he is dealing with the American<br /> publisher direct, the same difficulties arise which<br /> are bound to arise when the English author deals<br /> with the United States publisher direct ; but there<br /> is this additional difficulty, that as the English<br /> agent is also trading the English rights, hemay some-<br /> times be tempted, if he has obtained a particularly<br /> beneficial English contract, and wants to settle the<br /> matter out of hand, to waive the question of the<br /> United States. He is very often guilty of delay,<br /> commencing the United States negotiations sub-<br /> sequent to or simultaneously with the disposal of<br /> English rights. It was necessary to warn the<br /> author of this fault when dealing direct, but an<br /> agent ought to know the dangers. Heis appointed<br /> for this sole reason to overcome these difficulties,<br /> and make the rough places plain. Whatever means<br /> he may attempt to satisfy the author’s objections,<br /> still his failure is blameworthy. If he is dealing<br /> through a United States agent then comes the ques-<br /> tion of double agency fees ; and if the English agent<br /> charges 10 per cent., there is generally a 5 per<br /> cent. additional charge for the American agent as<br /> well. One middleman is bad enough, but when<br /> negotiations are carried through two middlemen,<br /> the matter is complicated.<br /> <br /> For the same reason it is a mistake to allow the<br /> agent to leave the United States rights in the<br /> hands of the English publisher ; but in addition,<br /> firstly, it is the English agent’s duty to try to<br /> obtain the United States rights—he should not<br /> shift that duty on to the back of the publisher.<br /> Secondly, the English publisher generally makes<br /> excessive charges when he acts in this way ; and<br /> thirdly, his financial interests are not in accord<br /> with those of the author, as it often pays him<br /> better to sell an edition in sheets to the United<br /> States, or to sell stereo plates, than to obtain the<br /> copyright in that country. If therefore an English<br /> agent is employed, the author should insist that<br /> he should keep the work in his own hands, and<br /> should not create a second middleman ; that he<br /> should endeavour to place the American rights<br /> before he markets the rights for the British<br /> Empire, and under the Berne Convention ; that he<br /> should persist in his efforts and not weakly give<br /> way with some specious excuse, as agents are some-<br /> times inclined to do, owing to the greater trouble<br /> involved.<br /> <br /> Lastly, there is the case of the English publisher<br /> acting as agent and dealing with the United States<br /> publisher. Why this course is unsatisfactory has<br /> to a certain extent been already propounded; yet<br /> there are other reasons. Firstly, the English<br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> publisher not infrequently asks 50 per cent. of the<br /> profits resulting from his negotiations, work for<br /> which an agent would charge 10 per cent. Secondly,<br /> it often pays him better, as stated above, to sell<br /> sheets or stereo plates to the United States, rather<br /> than to make fan effort to secure the copyright ;<br /> and lastly, the publisher is employed under a<br /> licence from the author to put the book on the<br /> English market, and to use his special knowledge<br /> of the English trade, and ordinary agency busi-<br /> ness does not come within his range, or if it<br /> does, is not the main object of his existence. He<br /> will therefore, apart from other reasons, not give<br /> his full attention to this part of the work, and<br /> will not put that thoroughness into it which is<br /> absolutely essential, should the British author<br /> desire to obtain the full returns that are due to<br /> him for his labours.<br /> <br /> Finally, it must be again repeated that if<br /> English authors are failing in their efforts in the<br /> United States market, the fault lies with them<br /> and with them alone. It is not that the United<br /> States literature is on a higher basis than that<br /> produced in England, but it is because the author,<br /> either owing to his artistic temperament, or owing<br /> to the lack of energy in the agent he employs, is<br /> weakly turning away when it is essential that he<br /> should make a specially strenuous effort. It is to<br /> be hoped, therefore, that the English author will<br /> look well to it, and will ‘‘ wake up” to the realities<br /> of the situation.<br /> <br /> A, ©. B.<br /> <br /> THE TRUTH ABOUT AN AUTHOR.<br /> <br /> —-—— +.<br /> I.—The Struggles of an Unpublished Author.<br /> <br /> FEW months ago Mr. William Heinemann<br /> published a book entitled “The Journal of<br /> Arthur Stirling.” It purported to be a<br /> <br /> record of the struggles of a young American poet<br /> who had written a blank verse tragedy which had<br /> been rejected by some six or seven publishers, At<br /> length in despair of acquiring the fame he sought,<br /> the author tied a weight round his body and<br /> dropped into the depths of the River Hudson.<br /> <br /> The following obituary notice appeared in the New<br /> York Times.<br /> <br /> STIRLING, ARTHUR—By suicide in the Hudson River,<br /> poet and man of genius, in the twenty-second year of his<br /> age, only son of Richard T, and Grace Stirling, of Chicago.<br /> <br /> The publication of the “Journal” in America<br /> caused a sensation. Since its introduction to this<br /> country its authenticity has been called into<br /> <br /> 49<br /> <br /> question. But whether or not the book is what<br /> it claims to be, the actual experiences of one<br /> particular individual of literary proclivities in his<br /> struggles to obtain a hearing, the fact remains that<br /> it makes a most pathetic piece of reading, and if<br /> ** Arthur Stirling” was of mere mythical substance,<br /> it is none the less true that his alleged experi-<br /> ences are the record of scores of young writers of<br /> merit, who know what it is to have drunk deep of<br /> the cup that falls to the lot of the persistently<br /> rejected. No less is it true that the book is a<br /> document that will form a text for many an editor<br /> and publisher from which to draw a salutary moral<br /> lesson.<br /> <br /> As an over-much rejected novelist, the writer of<br /> the following has tasted all the ignominy which<br /> was the inheritance of “ Arthur Stirling.’ Hopes<br /> raised, fears, weeks and months of weary waiting,<br /> dreams of success ruthlessly dispelled, have been his:<br /> lot again and again. “ Arthur Stirling” gave up<br /> the struggle when his work had been rejected some<br /> half-dozen times ; the present writer’s only novel<br /> has been refused by no less than twenty-seven<br /> publishers ! He still remains to tell the tale.<br /> <br /> No doubt the reader will exclaim, “If twenty-<br /> seven publishers have rejected the manuscript it<br /> is highly probable that it is not worth publish-<br /> ing!” Having only read so far, such a comment<br /> is justified. But the writer has no doubt that<br /> before the end of his story is reached he will<br /> be able to prove otherwise on the testimony of<br /> the publishers themselves.<br /> <br /> Ten or twelve years ago the writer was a more<br /> or less successful contributor of articles and short<br /> stories to the popular monthly magazines. Evi-<br /> dently his work gave pleasure—(perhaps to none<br /> more than himself)—for he was the recipient of<br /> some scores of letters from strangers, testifying to<br /> the interest that they, as readers, had taken in the<br /> productions of his pen. Among these letters were:<br /> several which strongly urged him to write a novel.<br /> The young author was flattered, but he doubted<br /> his own powers for such an undertaking. At this<br /> critical moment he received a letter from a friend,<br /> a popular novelist, urging him to undertake the-<br /> writing of a book. His ambition was fired, and he<br /> determined to make a longer essay in fiction than<br /> he had hitherto thought of. That well-meaning<br /> letter from his novelist friend has been to the writer<br /> the innocent cause of the misery of years !<br /> <br /> The novel decided on, it only remained to evolve<br /> it, place it on paper, and send it to a publisher.<br /> The work was carried out with much burning of<br /> midnight oil during a period covering long months,<br /> until the end of a year saw the completion of what<br /> the author considered a masterpiece, in one hundred<br /> and thirty thousand words, and a young man pale:<br /> and haggard but triumphant.<br /> <br /> <br /> 50<br /> <br /> The manuscript had now to be typewritten.<br /> This meant what to its author was a ‘considerable<br /> sum of money. But he had reckoned on this, and<br /> by exercising a certain amount of self-sacrifice he<br /> had saved the necessary six pounds. _<br /> <br /> In due time the novel was typewritten, revised<br /> and corrected. A leading London publisher was<br /> selected, the maiden effort carefully and lovingly<br /> packed and sent off with a polite letter. =<br /> <br /> ‘And now followed some anxious weeks of waiting.<br /> This time had its joys, for in it the novelist built<br /> a hundred castles—not more substantial than those<br /> in Prospero’s dream. Every day his darling book<br /> was with him in thought, every day he made<br /> schemes for future work.<br /> <br /> At length, one morning, the postman brought a<br /> letter, bearing on the outside of the envelope the<br /> favoured publisher&#039;s address. The author went<br /> white with joy. His trembling hand tore off the<br /> cover, and he read the following :—<br /> <br /> “ DEAR SIR,—I am returning your MS. entitled ‘<br /> by parcels post. While thanking you for allowing me to<br /> read it, I regret to say that I do not feel justified in under-<br /> taking its publication.<br /> <br /> ’<br /> <br /> <br /> <br /> ”<br /> <br /> <br /> <br /> “ Yours truly,<br /> <br /> The manuscript was duly delivered by parcels<br /> post. The fair sheets of foolscap had become<br /> curled and soiled. “This,” thought the author,<br /> “‘ will probably prejudice my novel in the eyes of<br /> the next pablisher to whom I send it, and who<br /> may thus have reason to think that it has already<br /> been read and rejected.” A hot iron and a piece<br /> of india-rubber made it respectable once more,<br /> the wretched publisher’s label was scratched off<br /> the brown paper wrapping, another was pasted on<br /> in its place, and the parcel was a second time<br /> committed to the post.<br /> <br /> The weeks of waiting that followed were more<br /> anxious than the last ; there might be more than<br /> one foolish publisher in the world. Too true.<br /> <br /> “Mr. regrets that he is not able to accept Mr.<br /> ’s story entitled ‘— . While the novel has<br /> certain points of merit it appears to fail in construction.<br /> It is also much too long. The MS. is returned herewith,<br /> with thanks.”<br /> <br /> Here was a blow, but a reason was given.<br /> Youth requires much to daunt it. The author<br /> determined to have an expert opinion on his work.<br /> That excellent institution, the Society of Authors,<br /> gives practical advice on young writers’ manu-<br /> scripts for a moderate fee. The story was posted<br /> to the secretary, and in due course was returned<br /> with the following notes :—<br /> <br /> “The Reader of ‘———,’ after careful consideration,<br /> has come to the following conclusions. In the first place<br /> the story is much too long, novels of 80,000 to 100,000 words<br /> are generally the most acceptable length. Secondly, the<br /> <br /> weakest point of the story lies/in the lack of artistic con-<br /> struction, But artistic literary construction can be acquired<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> —in fact must be acquired if the author wishes to write<br /> successful fiction, The Reader advises Mr. — to study<br /> the novels of Guy de Maupassant, the best of which are<br /> models of literary construction. He has pleasure in adding<br /> that he considers that Mr. ’s story is well-written,<br /> and evinces distinct promise. There are dramatic moments<br /> and scenes of very considerable power. The scenes are<br /> also well handled. Moreover, the novel contains many<br /> passages of considerable value and strength, and the inci-<br /> dents themselves are welltold. The knowledge of ‘ charac-<br /> ter’ displayed is deep and effective (this is particularly so<br /> in the case of the characters X and Z ), and<br /> the Reader must add that the author has distinct power asa<br /> descriptive writer. Where he fails is in the very elements<br /> of successful novel writing ; and the Reader’s advice to Mr.<br /> — is that he should reconstruct, rewrite, and con-<br /> siderably curtail his story. Mr. has the ability,<br /> and his success depends entirely upon himself.” :<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Youth was cheered. Apparently only hard work<br /> and proper discernment were in the author’s way<br /> to success. He placed his manuscript aside for six<br /> months and studied Maupassant. The story was<br /> reconstructed, entirely rewritten, and shortened to<br /> about half its original length. The author gave<br /> the nights and holiday afternoons of nearly two<br /> years to the work, but the giant’s task was accom-<br /> plished, and the novel was again despatched to the<br /> Reader of the Society of Authors. His reply came<br /> as follows :— :<br /> <br /> <br /> <br /> “ The Reader congratulates Mr. on his successful<br /> accomplishment of that most difficult enterprise—the<br /> rewriting of a novel. The ending of the story is undeniably<br /> effective, and the whole novel seems to the Reader to move<br /> swiftly and strongly from opening to close.... The<br /> Reader would strongly advise Mr. to devote himself<br /> at once to a new novel, in which he should try to do even<br /> better work.”<br /> <br /> <br /> <br /> Once more joy! Once more hope! To<br /> Publisher Number Two the manuscript was again<br /> despatched. Three weeks later it was returned :<br /> <br /> <br /> <br /> “Mr, ——— has read Mr. ’s rewritten story with<br /> pleasure. It is a more concise and better book than it<br /> was, and it is certainly astory of merit. Mr. thinks<br /> that it would be well spoken of by reviews, but owing to<br /> the unsatisfactory state of the literary market, he doubts<br /> if its sale would be sufficiently great to render it com-<br /> mercially successful. Heis much obliged to Mr. for<br /> allowing him to see the MS, again, which he is returning<br /> by parcel post.”<br /> <br /> But was “merit” to be smothered at birth for<br /> the want of a foster-parent? No, it should seek<br /> one elsewhere.<br /> <br /> Two months later the novel came back once<br /> more. The author was becoming bold and hard<br /> of heart. He wrote for a reason of the rejection :<br /> <br /> “Tt is not our practice to give reasons for the rejection<br /> of MSS. We may say, however, that we do not at present<br /> feel justified in taking up the work of new authors. Our<br /> Readers allagree that the story is very well written, but we<br /> do not feel that it would be likely to be as popular as its<br /> merits deserve. We returned the MS, reluctantly.”<br /> <br /> <br /> <br /> <br /> <br /> Despair now suggested itself. Yet while there<br /> was a publisher in London who remained untried,<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR. :<br /> <br /> there should be no fainting heart. The next<br /> firm written to politely declined to read the novel<br /> as “the supply of fiction was greater than the<br /> demand.” It was therefore offered to a young and<br /> enterprising house. This firm kept it some five or<br /> six months before sending it back :<br /> <br /> “ Our Reader informs us that the book has many qualities,<br /> but not qualities that would be likely, in the present<br /> depressed condition of the market for books—and especially<br /> for fiction—to attract to it a sufficient amount of attention<br /> to enable a publisher to sell the thousand or so copies that<br /> are essential.”<br /> <br /> And so the heartbreaking work of despatching<br /> the story and receiving it back continued for<br /> years. Sometimes the MS. was returned with a<br /> polite note of refusal, sometimes a few words of<br /> appreciation and commendation were offered, and<br /> thankfully received. In nearly all cases where<br /> reason for refusal was given, the excuse was laid<br /> to the account of the bad state of ‘the literary<br /> market.”<br /> <br /> At length the author decided to seek new fields.<br /> He sent his novel to a popular newspaper that<br /> makes a feature of publishing serial stories. Three<br /> months later the now familiar answer came :<br /> <br /> “The novel is most carefully written, but we prefer<br /> stories of strictly modern days. Always glad to read any<br /> story you may write.”—Editor<br /> <br /> About this time the would-be novelist received<br /> a letter from his friend, who, in the course of it,<br /> remarked, “if you at any time decide to write a<br /> novel, and desire ‘a friend at court,’ send the MS.<br /> on to me and I will forward it to ———” (a<br /> publisher), “who is a friend of mine.”<br /> <br /> Here was hope again! ‘The story was des-<br /> patched, with a note of thanks for the offer. Four<br /> months later the novelist wrote :<br /> <br /> <br /> <br /> <br /> <br /> “ My DEAR , [am sorry—very sorry to tell you that I<br /> have been unsuccessful in placing your novel. I have read<br /> it myself, and think that with a few touches it ought to go<br /> well. But, as you know, there is such a little chance for<br /> new writers nowadays. Everything tends towards keeping<br /> fiction in a narrow and successful ring. Publishers abso-<br /> lutely refuse to risk money over new authors, while with<br /> the favourites all they write sells before it is published—or<br /> at least is ordered by the trade, which is the same thing.<br /> If your story was published bearing the name of a well-<br /> known author it would sell, whereas with your name being<br /> unknown to the trade as that of a novelist, I dare say that<br /> the novel would hardly repay the publisher for the<br /> printing.<br /> <br /> “Yet it seems a pity for such a good story to remain in<br /> oblivion !<br /> <br /> “ Both and (here is inserted the names<br /> of two publishers) say that they won’t risk a penny on<br /> new authors. Shall I send the MS, back, or what shall I<br /> do with it?<br /> <br /> ”<br /> <br /> “ Yours ever, ———-—<br /> <br /> This was the last straw! The author replied<br /> that he did not much care what his friend did with<br /> the MS. : he might make pipe-lights of it, or give<br /> it away.<br /> <br /> 51<br /> <br /> It has come back !<br /> <br /> So ends the story of an unpublished author of<br /> “merit,” and so does mere cleverness—wanting<br /> the name of popularity—find no favour with Dame<br /> Fortune. How obtain a hearing? The multitude<br /> will not hear you because they know you not,<br /> neither do they wish to know you. And yet, if<br /> they would but listen ———-! No, they will not<br /> —the twenty-seven publishers have decided. When<br /> no hand is extended to help him the young novelist<br /> must devise other means to gain a hearing, or<br /> perish. He may present his work to some pub-<br /> lisher or editor (if he will have it) for the sake of the<br /> advertisement its publication may give him, or he<br /> may pay a publisher to produce his work. Other-<br /> wise he may sup on leek and remain, like the present<br /> <br /> “writer,<br /> <br /> Unwept, UNHONOURED AND UNSUNG.<br /> ee ot<br /> <br /> II.—The Struggles of a Published Author.<br /> <br /> THERE are aspects of the literary life other<br /> than those presented in “The Truth about an<br /> Author.” The pleasant experiences of the writer<br /> of that book belong to the exception, not to the<br /> rule, and certainly they do not square with my<br /> own. My literary career has been an unceasing<br /> struggle, in which every advantage had to be<br /> fought for ; each advance was contested and had to<br /> be won, and the merit of one book in no way<br /> assured a reception for the next. In fact the<br /> reverse happened, for with each success it became<br /> increasingly difficult to place another book.<br /> <br /> My grandfather wrote books which were issued<br /> by the leading publisher of his day ; my father<br /> wrote books which were published by a newer<br /> house, but I have not been able to place anything<br /> with either firm. Practically I started without<br /> knowing any publisher or editor, determined simply<br /> to make my way by the quality of my work. [<br /> have written a few novels and six other books ; all<br /> have been well received by the Press; all are<br /> considered successful. One is in the reading room<br /> of the British Museum, another has been trans-<br /> lated into various Huropean languages, and<br /> published in half-a-dozen countries; of another<br /> a pirated edition in the Japanese vernacular has<br /> been issued at Tokyo; some have sold as well<br /> in America as in this country, and one is in its<br /> seventh English edition. I could paper the walls of<br /> my study with different very flattering notices news-<br /> paper critics have wasted upon my work, and I<br /> have perhaps a score of more or less disparaging<br /> reviews. All my books have attracted notice.<br /> Several times I have fancied myself near real<br /> pecuniary success, believing after so much praise<br /> had been lavished upon one book that I should<br /> 52<br /> <br /> find the search for a publisher easier, be. offered<br /> work by editors, or, at least, get some sort of<br /> salaried post on a periodical. :<br /> <br /> My latest book was the first of mine to be issued<br /> simultaneously in distinct editions in England and<br /> America. In both countries it had excellent<br /> publishers who advertised it generously ; it was<br /> noticed on the day of publication and much<br /> praised ; the daily newspapers gave it a column,<br /> and of the literary weeklies some devoted as many<br /> as six columns to the book; extracts from it<br /> appeared in almost every periodical from the<br /> Family Herald to the Quarterly Review, both<br /> included ; the public responded.<br /> <br /> With so much fame and the book selling, I<br /> thoucht it a fit moment to approach publishers and<br /> editors for future work. The result was dis-<br /> appointing. ‘Twelve book publishers refused abso-<br /> lutely to consider anything ; fifteen others would<br /> not entertain a work on the subjects I suggested,<br /> one because he had published a book on a cognate<br /> topic, another because he was going to do s0, a<br /> third because he had never done so—any excuse<br /> served to complete the vicious circle. The net<br /> result was that two firms, quite third-rate in the<br /> trade, answered by inviting me to “ submit ”’—an<br /> abominable word—my manuscript. One then<br /> stated that he liked what I offered, but declined<br /> to publish it on any terms ; the other has the work<br /> under consideration still.<br /> <br /> The Press Syndicates refused my overtures. Of<br /> the editors of periodicals eight declined to consider<br /> any serial from me; thirty others rejected various<br /> offers I made them of articles, services, etc. ; three<br /> only stated as a reason that my price was too high.<br /> The net result was—one short article accepted,<br /> and four intimations that I might “submit”<br /> MSS. which, if used, would be paid for at scale<br /> rate, which was not specified.<br /> <br /> For all practical purposes of making a livelihood<br /> by writing, I am in exactly the same position I<br /> was before my “ great” book was published.<br /> <br /> In itself the pecuniary value of literary fame is<br /> nil. It issomething which is worth more to any-<br /> one else than it is to the literary worker.<br /> <br /> For instance, my fame has brought me an offer<br /> from a firm of German manufacturers who, if only<br /> I will cease writing and will travel about to get<br /> information for them, will pay all my expenses and<br /> reward me with a high salary. I detest Germans<br /> and I abhor trade, but I do like getting informa-<br /> tion, and I want that salary very badly. If a<br /> British or an American firm offered it I would<br /> close at once, and then anybody who wishes to<br /> possess a first-class reputation might obtain one<br /> ready-made and cheap from a writer who has never<br /> had any use for it.<br /> <br /> ARTIFEX,<br /> <br /> THE AUTHOR.<br /> <br /> AN EDITOR’S LETTER BOX.<br /> <br /> 1<br /> <br /> YE Editor of the “ New York Bookman,” in<br /> <br /> his interesting paragraphs “Chronicle and’<br /> Comment,” publishes some letters which show a<br /> pleasing variety in the correspondence that comes<br /> to him as he sits in his editorial chair. He says,<br /> “Tg it not more pitiful than humorous that so<br /> many simple souls come to such an unfeeling con-<br /> fessor in his unadorned confessional and lay bare<br /> their very hearts and reveal their desires and hope-<br /> less aspirations?” and later, “When a busy man<br /> has given a half hour of his valuable time to<br /> dictate a word in season to a youth who will never<br /> be able to write, as even a blind man could dis-<br /> cover, and receives no more thanks for his pains<br /> than this, one cannot wonder that he grows<br /> indifferent :—<br /> <br /> “ Dear sir, your crazy ; i ean right, you don’t know what<br /> your talking about. Your a d—— fool and your old paper<br /> aint no good anyhow. i no good potry wen i see it, and<br /> my prose is excellent to, having bin criticised by the best.<br /> Their is those who strive to keep us from getting to the<br /> front where we belong, but it aint no use. So ile take<br /> your old paper and throw it in the fire and ile tell all my<br /> frens to do the same. All editors are fools anyway. Your<br /> a bigger one... .”<br /> <br /> Another style of writer sends him the follow-<br /> ing :—<br /> <br /> “ Please do not return this story to me if you do not want<br /> <br /> it as I do not wish my wife to know that it has been<br /> rejected. She would laugh so at me.”<br /> <br /> We fear that writers under this category are not<br /> a few. What again is to be said of the woman<br /> from Kansas who, when told that the Editor’s<br /> payment was ten dollars a thousand, writes to say<br /> that she would rather stick to chicken raising, as<br /> it would take her so long to write a thousand<br /> stories.<br /> <br /> The Hditor not infrequently received letters<br /> from would-be suicides :—<br /> <br /> “ Unless you except this pome by leven o’clock thursday<br /> morning i will jump into the hudson river.”<br /> <br /> There is no doubt that such letters are written.<br /> We have heard of similar cases in the English<br /> Literary Market, but so far, we have never<br /> heard of the suicide. Of another kind of writer<br /> we have also had experience this side of the<br /> water, the half educated, sentimental, romantic<br /> woman who considers herself a genius, and sits<br /> down and fills reams of paper to the distraction of<br /> her family with no benefit to herself. We quote<br /> the Editor of the “ Bookman’s” experience of this<br /> kind of person :—<br /> <br /> “Tam most ambitious to appear in the leading magazines<br /> <br /> and papers throughout the country, and if you like the<br /> first hundred thousand words of my novel, | will send you<br /> <br /> <br /> THE AUTHOR.<br /> <br /> the rest as soon as it is completed. I am working hard on<br /> it now. My husband idles his days away. He will not<br /> work, but is only too willing to sleep, and I have to do<br /> something to support the family. Iam conscientious about<br /> my literary work, and I feel sure that I was cut out to be<br /> an author. I cannot afford to pay the express charges on<br /> my story, so send it at your expense. If you return it—<br /> and oh, I pray you won’t !—please prepay the package, for<br /> we are very, very poor. I have been writing ever since I<br /> was a child, and I am now forty-three years old, but I have<br /> never had anything published either in a paper or in a<br /> book. But I know I am just as big a genius as , only<br /> I have never had the chances he has. We have had hard<br /> bacon for breakfast so long that I’m tired of it; so please<br /> hurry my check if you accept my story, as I would like a<br /> change of food, and also I would like to surprise my<br /> indolent husband.”<br /> <br /> <br /> <br /> The same date the Editor received a letter from<br /> the irate mother which we have also taken the<br /> liberty of reprinting :—<br /> <br /> “Dear sir,—By this mail, I understand that my daughter,<br /> who is married, is sending you a pleading letter—I know<br /> it must be pleading for she has been writing them for<br /> years—and a big manuscript. I beg you to believe that it<br /> will be the greatest kindness if you will pay no sort of<br /> attention to her story or her letter. She is the mother of<br /> three young children, and while her husband does all he<br /> can to support her and them, he cannot earn very much,<br /> owing toa heart weakness. She should take in washing,<br /> as I have had to do, and try to help out by that instead of<br /> by writing fool stories. She has always had an idea that<br /> she was a great author, and we cannot keep the pencil out<br /> of her hand, although we hide it and the paper pads ton,<br /> If she would spend more time in doing honest sensible<br /> work instead of wasting her days in composing novels that<br /> I know are trash, she would be better off. So please don’t<br /> answer her request, and don’t encourage her in any way.<br /> I am her mother, and I know.<br /> <br /> “ Yours in all sincerity.”<br /> <br /> It certainly is more pitiful than humorous.<br /> We can only hope that the Editor will continue in<br /> his kind and praiseworthy efforts. To many, no<br /> doubt, his communications come as a gleam of<br /> sunshine. Where there is real hard work, where<br /> there is really a painstaking effort, a favourable<br /> comment will go a long way to smooth the toil-<br /> some path. But while human nature is humanly<br /> natural, the other side, which is pitiful, cannot fail<br /> to come to the fore. But let us not despair.<br /> <br /> Finally the Editor, after considering so many<br /> letters as the companions of MSS., is inclined to<br /> think that as a rule the letter is a superfluity, and<br /> that Editors generally can do better without them.<br /> <br /> ———<br /> <br /> THE HORSE IN FICTION.<br /> <br /> &lt;&gt;<br /> <br /> rYN\HE coming of the motor-car seems likely to<br /> displace that noble animal, the horse—in<br /> Enrope at all events—from the high posi-<br /> tion he has held’ for innumerable centuries. Is<br /> this proud, generous, and most useful beast, the<br /> <br /> <br /> <br /> 53<br /> <br /> friend and ally of warriors and of princes, to be<br /> relegated to obscurity, to fade out of existence? In<br /> all sincerity one may hope not! What a history<br /> has been his! The Bible, in glowing words, has<br /> set forth his renown ; poets and writers in all ages<br /> have sung his prowess ; he has aided in the winning<br /> of great battles, the conquering and overrunning<br /> of vast countries ; his achievements, whether in<br /> peace or war, have been as innumerable as they<br /> have been glorious. Yet, though poets and<br /> novelists have in countless works written in vague<br /> and general praise of the horse, when one begins<br /> to delve into particulars, one realises that the<br /> writer of fiction has, as a rule, been always rather shy<br /> of this subject. The novelist and the poet have<br /> not, one begins to discover, much real acquaintance<br /> with horses and horsemanship, and a survey of the<br /> literature of the last century almost convinces one<br /> that writers, as a class, prefer to leave the achieve-<br /> ments of the noblest of all domesticated animals<br /> rather severely alone. Few creators of romance<br /> have, in fact, cared to particularise on a subject<br /> which, adequately dealt with, offers many<br /> attractions.<br /> <br /> Byron, it is true, strikes a stirring note in the<br /> poem of ‘‘ Mazeppa,” that spirited and romantic set-<br /> ting of an old Polish or Cossack tradition. Byron<br /> gathered his materials for‘‘ Mazeppa”’ from Voltaire’s<br /> ‘* History of Charles XIT.,” and makes his hero, the<br /> aged Hetman of the Ukraine Cossacks, recount his<br /> terrible ride to Charles on the night following the<br /> disastrous battle of Pultowa. According to Byron,<br /> Mazeppa, a young Polish gentleman, detected in<br /> an intrigue with the wife of a Count of Podolia, is<br /> seized, bound to the back of an unbroken horse<br /> fresh from the wilds of Ukraine, and driven forth<br /> into the forest and the wilderness. The tale is<br /> finely told in Byron’s best manner, yet, when one<br /> begins to inquire closely into the particulars, one<br /> finds that poetical licence has been somewhat<br /> too freely made use of. For two days and nights,<br /> according to Byron, Mazeppa’s steed carries him in<br /> a career so headlong that even the tireless wolves<br /> which pursue them are left behind. Now wolves,<br /> it is well known, will run down the best horse in<br /> the world ; while any one who is acquainted with<br /> horses and their capabilities, will bear out the<br /> writer in his affirmation that no horse ever foaled<br /> could pursue a rapid flight, unchecked, for forty-<br /> eight hours. However, at the end of that time, even<br /> the steed portrayed by Byron begins to flag. He<br /> swims with his burden across a mighty river, and<br /> presently sinks down upon the Ukraine steppe, where<br /> Mazeppa is rescued and unbound by natives of<br /> that wild district. Among these people the hero<br /> makes his home, in years to come rising to the<br /> position of Hetman or Prince of the Ukraine<br /> Cossacks.<br /> 54<br /> <br /> Sir Walter Scott understood horses probably a<br /> good deal better than did Byron, and in the “ Lady<br /> of the Lake” Fitzjames’s chase of the stag, roused<br /> in Glenartney Forest, is with a first-rate horse<br /> feasible enough. Fitzjames, however, appears to<br /> have been a more enthusiastic hunter than he was<br /> a good horse-master, and having overridden his<br /> good grey from Glenartney to the shores of Loch<br /> Katrine, the generous beast yields up its life, and<br /> “stretched its stiff limbs to rise no more.” Scott,<br /> however, paints an incident that still occasionally<br /> happens, even in fox-hunting, and his knowledge<br /> of the grdund described, and of the limits of a<br /> horse’s endurance, have prevented him from depict-<br /> ing the impossible in his spirited account of the<br /> great run with a Glenartney stag.<br /> <br /> Harrison Ainsworth’s well-known description of<br /> Dick Turpin’s ride to York almost rescues “ Rook-<br /> wood” from the region of rather cheap melodrama.<br /> Turpin, of course, never performed the ride in<br /> question, a ride, as Ainsworth describes it, prob-<br /> ably far beyond the limits of any single horse’s<br /> endurance. Nevertheless, so well is the famous<br /> highwayman’s gallop described, and so much pains<br /> has the novelist displayed in the management of<br /> this part of his tale, that good Black Bess and her<br /> immortal course will probably live in fiction to<br /> delight schoolboys for generations yet to come.<br /> <br /> Among English novelists, Whyte Melville cer-<br /> tainly knew more about horses and their capa-<br /> bilities than any other. In “ Katerfelto” he has<br /> made the highwayman’s grey nag, of which. John<br /> Garnett becomes possessed, almost as much the<br /> hero of his tale as the man who bestrides it. The<br /> hunt on Exmoor is excellently well done, and<br /> Katerfelto’s leap for freedom, a leap which saves<br /> his master, and is the undoing of Parson Gale and<br /> his black gelding, Cassock, is admirably set forth.<br /> The stallion Katerfelto, according to Whyte Mel-<br /> ville, is never again captured, and becomes the<br /> semi-feral progenitor of much of the moorland<br /> pony-stock of West Somerset and North Devon.<br /> There may be, as Melville hints, some substratum<br /> of truth at the bottom of this romance. ‘‘Sata-<br /> nella” is another of Whyte Melville’s tales, which<br /> mingles the fortunes of a handsome black mare<br /> with the story of a beautiful but ill-starred woman.<br /> <br /> Among other famous horsemen and horses of<br /> <br /> fiction, Starlight and his good nag, in “ Robbery<br /> <br /> Under Arms,” naturally occur to one; while the<br /> great ride of Umslopogaas, so graphically set forth<br /> by Rider Haggard in “ Allan Quatermain,” is an<br /> excellent piece of work, strong, exciting, and not<br /> ‘overdone in colouring. Taken as a whole, how-<br /> ever, fiction is somewhat surprisingly poor in a<br /> domain where it might have been expected to<br /> reap many laurels, and horses and their feats have<br /> been but little utilised.<br /> <br /> THER AUTHOR.<br /> <br /> Turning from the realm of fiction to that of —<br /> hard facts, one recalls three great and marvellous<br /> rides. First, that of the Welsh Knight of the<br /> Shire, who rode up to London, on the spur, from<br /> his own home to record his vote in favour of that<br /> Act of Succession which established the present<br /> dynasty on the throne of Britain. The squire<br /> reached Westminster literally in the very nick of<br /> time, and his casting vote decided the fate of the<br /> Stuarts and the rise of their Hanoverian cousins.<br /> One of the greatest of all historic rides was that of<br /> young Robert Carr from London to Edinburgh, to<br /> carry to James the First the tidings of the death<br /> of Queen Elizabeth. Carr’s ride, accomplished<br /> practically without rest or respite, on relays of<br /> horses, still stands to the present day as one of the<br /> finest of all achievements in endurance and horse-<br /> manship.<br /> <br /> Sir Harry Smith’s ride from Cape Town to<br /> Grahamstown, on the outbreak of the Kaffir War,<br /> in 1834, is beyond all doubt one of the most<br /> striking feats in horsemanship ever recorded. He<br /> accomplished the distance—610 miles—in six<br /> days, picking up raw, grass-fed Cape ponies as he<br /> went along, and accomplishing his journey success-<br /> fully during the height of the hot weather season.<br /> Browning’s imaginary gallop with the good news<br /> from Ghent to Aix pales effectually before this<br /> very real and wonderful performance of the fiery<br /> veteran, Sir Harry Smith.<br /> <br /> H. A. BRYDEN.<br /> <br /> ee<br /> <br /> THE ONLY WAY.<br /> <br /> — a<br /> <br /> HIS book is harmless. It is also colourless.<br /> <br /> It is full of platitudes, and appears to be<br /> <br /> written by one who has some knowledge but<br /> <br /> no sympathy. It is not likely to inspire genius.<br /> <br /> It is not likely to spread any literary disease. The<br /> <br /> impression it makes is lack of impression —it<br /> inspires no ideals.<br /> <br /> That the book is written with some knowledge<br /> is evident from the quotation of current prices and<br /> certain reliable information of the contents of the<br /> better-known magazines. There are some minor<br /> hints on technique which expose the expert.<br /> <br /> The facility of the whole work inclines one to<br /> think that though the author has trodden the path<br /> to success, he has not been assailed by the thorns<br /> and brambles that clog the footsteps of the ordinary<br /> literary tramp. He has in consequence become<br /> <br /> <br /> <br /> * “How to Become an Author,’ by Arnold Bennett,<br /> (C. Arthur Pearson, Limited.)<br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> didactic and narrow. He looks upon his road as<br /> | the only road, and cannot help his fellow wayfarer<br /> <br /> 4) to overcome his difficulties.<br /> <br /> That the author inspires no ideals is clear from<br /> his view of modern journalism, which he asserts<br /> has attained its present perfection in a well-known<br /> halfpenny Daily.<br /> <br /> The spirit of this method speaks through the<br /> author as follows: “‘ Let us decide whether our<br /> readers—not as they ought to be, but as they actually<br /> are—will read and be interested in this thing.”<br /> <br /> The freelance, he assures us—not in these words<br /> —ought to write down to his public ; and again,<br /> “He must put away all sentimentality about the<br /> art of literature and the moral mission of<br /> “journalism.”<br /> <br /> This sort of advice may be successful in turning<br /> out a fair hack, but not a real live author; but<br /> these wise saws are no good if the practical advice<br /> does not help the would-be author further.<br /> <br /> Again, his opinions about fiction and other<br /> -methods of becoming an author may or may not<br /> be true—that is neither here nor there. Stories<br /> are not written, books are not composed by rule.<br /> Tot homines, quot sententie, is still a good motto,<br /> but when these wise sayings have been read, is the<br /> teacher convincing, or does the tyro’s mind at the<br /> end of this book appear like Lord Rosebery’s slate<br /> —without a mark upon it, absolutely clean ?<br /> <br /> The practical side of the book is unsatisfactory,<br /> and the remarks on the technique of literary work,<br /> the business of placing the book on the market,<br /> the prices paid for modern literature, and the<br /> thousand and one pitfalls to be avoided are sadly<br /> deficient.<br /> <br /> ‘We must protest also that only one reference<br /> is made to the Authors’ Society, and that in<br /> no liberal spirit. Mr. Bennett does not appear<br /> from the published list to be one of that body.<br /> Though he knows of its existence, he is ignorant<br /> of the work it does and of the information at its<br /> command. In the journalistic portion he men-<br /> tions some books which may be useful to beginners,<br /> but does nct care to refer to the valuable, confi-<br /> dential, and practical help offered by the Society.<br /> In his advice to producers of books he states, “ In<br /> selecting publishers for experiment, the aspirant<br /> should begin with the best and work downwards<br /> in the scale of importance,” but where is the<br /> information to come from? Who are the best<br /> publishers? The writer is evidently not aware<br /> that some firms whose names loom large to the<br /> public are utterly unsatisfactory to the author.<br /> Here again there is no mention of the Authors’<br /> Society.<br /> <br /> Only when touching on the question of contracts<br /> for books (he makes no attempt to discuss con-<br /> tracts with editors, perhaps rightly), after some<br /> <br /> 55<br /> <br /> interesting suggestions, he states, “The aspirant<br /> with a legal turn who wishes for further informa-<br /> tion should join the Authors’ Society, which pub-<br /> lishes a highly interesting and intricate literature<br /> on the relations between writers and publishers<br /> and all the dreadful possibilities thereof.”<br /> <br /> If the author had dealt with his subject in any<br /> other way than facile superficiality this book might<br /> have sufficed, but his method is so full of omissions<br /> when he writes with the air of finality that from<br /> the business standpoint his view may lead beginners<br /> far astray.<br /> <br /> For instance, “The aspirant should not trouble<br /> much about American (he means United States)<br /> copyright. It is exceedingly difficult to obtain<br /> American copyright of a first book. But if by a<br /> happy chance it can be obtained, so much the<br /> better.”<br /> <br /> Because it is difficult, therefore the fledgling<br /> need not trouble.<br /> <br /> The United States market is in many ways a<br /> bigger financial gain than the British, therefore,<br /> so far from not troubling, the tyro should strain<br /> every nerve for success.<br /> <br /> We are glad to see that he has noted one well-<br /> known publisher who settles libel actions at his<br /> own discretion, but at the author’s expense. Who-<br /> ever he may be, our adviser states “that this is<br /> manifestly wicked.”<br /> <br /> In conclusion, the work can only be expressed<br /> by a series of negations. It is not a good book ;<br /> it is not practical. It lacks depth. It is a series<br /> of omissions.<br /> <br /> Sir Walter Besant’s “‘ Pen and the Book” is still<br /> by far the best work at present on the subject, in<br /> spite of ‘‘ How to Publish,” “‘ How to Write for<br /> Magazines,” and many similar effusions. A second<br /> edition is sadly needed.<br /> <br /> If the author is a member of the Society then<br /> there is no apology needed for these strictures.<br /> If not, he should study the work it does, and<br /> remember that authors who personally stand in no<br /> need of direct assistance must yet directly profit<br /> by much of its work, done at the expense of its<br /> members.<br /> <br /> BR. ULE<br /> <br /> eg<br /> <br /> CORRESPONDENCE.<br /> <br /> —_—&gt;—-+—<br /> A Lirerary FRAUD.<br /> I.<br /> <br /> Srr,—All I can say about Mr. Isidore G. Ascher’s<br /> admirable letter under the above heading in your<br /> 56<br /> <br /> last issue is that I, for one, would be very glad of<br /> an opportunity of writing books at a living wage<br /> for rich people desirous of literary celebrity.<br /> Naturally, I detest the notion of permitting other<br /> persons to batten on my brains : but I detest still<br /> more the notion of becoming useless and idle in<br /> the workhouse. ae<br /> <br /> You see, now (when every Gajo, Titio, and<br /> Sempronio writes), it is quite impossible for every-<br /> one to get published. ‘Then debt, duns, the dead<br /> whiteness of a gardenia replacing ruddy health on<br /> one’s child’s face, the awful aspect of friends whose<br /> eyes say, “I hope to God you&#039;re not going to ask<br /> me to do anything for you,” harass and benumb<br /> and acidulate the boycotted writer, who naturally<br /> catches at any straw in the current which is sweep-<br /> ing him to perdition. It is not fame, it is not<br /> justice which he wants now, but a roof and daily<br /> bread.<br /> <br /> No; I do not think one ought to denounce as<br /> guilty of fraud the hacks who sell their brains.<br /> They do it, not for pleasure, but from necessity.<br /> Their motive is the honourable one :of Indepen-<br /> dence. Blame the crow who wears the peacock’s<br /> tail, as “a disgrace to literature,” etc., if you will,<br /> but do be merciful to the poor peacock.<br /> <br /> Yours truly,<br /> <br /> A. Hack.<br /> <br /> — +<br /> <br /> II.<br /> <br /> Srr,—I cannot quite understand Mr. Ascher’s<br /> indignation against the “ ghost” system. What<br /> does it matter whether the twaddle given to the<br /> world under a popular name has been written by<br /> a money-grubbing celebrity himself, or by some<br /> talented unknown person who is thus enabled to<br /> get the living he could not, perhaps, otherwise<br /> obtain ?<br /> <br /> No decent author would ever allow his, or her,<br /> name to appear over another person’s work, and<br /> those who are sufficiently degraded to allow it<br /> must be punished by the knowledge that their<br /> “ghosts” are as competent as themselves. If<br /> they have any amour propre at all this should<br /> gall them; and if the public cannot detect any<br /> difference between the work of its idols and that<br /> of industrious employees, then the public certainly<br /> deserves to be taken in. Finally, if the poor<br /> “ghost” can only get his work in print this way,<br /> why grudge him the joys of authorship beneath<br /> what is, practically, a pseudonym? As things go,<br /> with a huge mass of readers devoid of literary<br /> taste and craving only “names,” the employment<br /> of journeymen seems to me rather a good arrange-<br /> ment. The true man of letters knows that his<br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> work can be done by himself alone, and why<br /> should he care if the charlatan makes a fortune,<br /> through which some needy quill-driver benefits ?<br /> <br /> <br /> <br /> Yours truly,<br /> M. L. P.<br /> <br /> ——~—+—<br /> <br /> THINGS THAT MATTER.<br /> <br /> Srr,—I notice in your last issue a list of the so .<br /> contents of various magazines, and I think this &lt;i;<br /> would be a useful feature of The Author, providing =&lt;&quot;<br /> it appears regularly and includes all the articles =...<br /> in the periodicals mentioned. It is impossible to «!“&#039;<br /> subscribe to every magazine, and writers who ~<br /> travel, as well as your readers residing in the -<br /> country and abroad, will welcome such a list as =&gt;<br /> you give, since it contains information not elsewhere<br /> readily obtainable. 5<br /> <br /> It occurs to me that your “Trade Notes” would — °<br /> be more valuable if you made a point of mention-<br /> ing well in advance of publication the issue of new &gt;<br /> periodicals—of which doubtless you receive, or can = «<br /> get, the earliest trustworthy information. What —<br /> writers wish to know is the scope of a pro- —<br /> jected magazine, and who will edit and who ~<br /> publish it. Subsequently there might be published —<br /> in The Author the ‘ Notice to Contributors,”<br /> as supplementary to the list you have issued<br /> separately.<br /> <br /> Mention might be made also of new firms of — ™<br /> publishers and of new publishing companies<br /> Several firms of book publishers have commenced<br /> business recently, but of them there has not been ~<br /> a word in Zhe Author. Of new publishing com<br /> panies there are many more, and a list of these —<br /> might be given, with such particulars as will<br /> enable writers to form an adequate idea of the ©<br /> scope of the enterprise projected. In September,<br /> for instance, the following were registered at<br /> Somerset House :—African Publications; British —<br /> Sports ; English Illustrated Magazine ; Enterprise —<br /> Publishing Co.; Folkestone Chronicle; Index ©<br /> Advertising Co. ; Press Picture Agency; Smart<br /> Set ; Sphere and Tatler ; Studio Press; World of —<br /> Billiards ; all with limited liability, and with a ~<br /> nominal capital of from £500 to £200,000 each.<br /> Some, doubtless, are of no possible use to any ©<br /> member of the Society, but of them such particulars —<br /> might be given as will enable each reader to judge -<br /> whether or not they are, or may be, of service. ;<br /> <br /> I have no doubt the secretaries of all newly<br /> formed companies will be ready to furnish readers<br /> of The Author with information of interest to<br /> writers and readers.<br /> <br /> Yours faithfully,<br /> Broap-NIs.https://historysoa.com/files/original/5/487/1903-11-02-The-Author-14-2.pdfpublications, The Author
488https://historysoa.com/items/show/488The Author, Vol. 14 Issue 03 (December 1903)<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=49&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=%3Cem%3EThe+Author%3C%2Fem%3E%2C+Vol.+14+Issue+03+%28December+1903%29"><em>The Author</em>, Vol. 14 Issue 03 (December 1903)</a><a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=51&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Publication">Publication</a>1903-12-01-The-Author-14-357–84<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=89&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=14">14</a><a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=76&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=1903-12-01">1903-12-01</a>319031201Che Huthor.<br /> <br /> (The Organ of the Incorporated Society of Authors.<br /> <br /> Monthly.)<br /> <br /> FOUNDED BY SIR WALTER BESANT.<br /> <br /> <br /> <br /> Vou. XTV.—No. 3.<br /> <br /> DECEMBER 1sT, 1903.<br /> <br /> [Prick SIXPENCE.<br /> <br /> <br /> <br /> TELEPHONE NUMBER :<br /> <br /> 374 VICTORIA.<br /> TELEGRAPHIC ADDRESS:<br /> <br /> AUTORIDAD, LONDON.<br /> <br /> a<br /> <br /> THE<br /> UNVEILING OF THE MEMORIAL<br /> TO SIR WALTER BESANT.<br /> <br /> —— 9<br /> <br /> ORD MONKSWELL, the Chairman<br /> <br /> of the London County Council, has<br /> <br /> kindly undertaken the duty of unveiling<br /> <br /> the Memorial to Sir Walter Besant. The<br /> <br /> ceremony will take place in the Crypt of<br /> <br /> St. Paul’s Cathedral on the afternoon of<br /> Friday, December 11th, at 3 o’clock.<br /> <br /> It is hoped that those members of the<br /> Society who care for the memory of Sir<br /> Walter Besant, and are grateful for his<br /> unselfish and earnest labours on behalf of<br /> his fellow writers, will make every effort<br /> to be present.<br /> <br /> es<br /> NOTICES.<br /> <br /> OR the opinions expressed in papers that are<br /> signed or initialled the authors alone are<br /> responsible. None of the papers or para-<br /> <br /> graphs must be taken as expressing the opinion<br /> of the Committee unless such is especially stated<br /> to be the case.<br /> <br /> Tue Editor begs to inform members of the<br /> Authors’ Society and other readers of The Author<br /> VoL, XIV.<br /> <br /> <br /> <br /> that the cases which are from time to time quoted<br /> in The Author are cases that have come before the<br /> notice or to the knowledge of the Secretary of the<br /> Society, and that those members of the Society<br /> who desire to have the names of the publishers<br /> concerned can obtain them on application.<br /> <br /> a<br /> <br /> List of Members.<br /> <br /> TuE List of Members of the Society of Authors<br /> published October, 1902, at the price of 6d., and<br /> the elections from October, 1902, to July, 1903, as<br /> a supplemental list, at the price of 2d., can now be<br /> obtained at the offices of the Society.<br /> <br /> They will be sold to members or associates of<br /> the Society only.<br /> <br /> od<br /> <br /> The Pension Fund of the Society.<br /> <br /> THE investments of the Pension Fund at<br /> present standing in the names of the Trustees are<br /> as follows.<br /> <br /> This is a statement of the actual stock; the<br /> money value can be easily worked out at the current<br /> price of the market :—<br /> <br /> ORO FE oor es £1000 0 0<br /> Wocal Wioans 20... 500 0 0<br /> Victorian Government 8 % Consoli-<br /> <br /> dated Inscribed Stock ............... 291 19 11<br /> <br /> War Oa 2630090. ee 20r 9 8<br /> oval... 6. oe £1,993 9 2<br /> <br /> Subscriptions.<br /> 1908. £ 8s. d.<br /> Jan. 1, Pickthall, Marmaduke 010 &amp;<br /> » Deane, Rey. A.C. . 010 O<br /> Jan. 4, Anonymous : 0 5 0<br /> » Heath, Miss Helena : ~ 0 5 0<br /> &gt;» Russell, G. H. : : 11.0<br /> 58 THE AUTHOR.<br /> <br /> Jan. 16, White, Mrs. Caroline<br /> <br /> », Bedford, Miss Jessie<br /> Jan. 19, Shiers-Mason, Mrs.<br /> Jan. 20, Cobbett, Miss Alice :<br /> Jan. 30, Minniken, Miss Bertha M. M.<br /> Jan. 31, Whishaw, Fred. : -<br /> Feb. 3, Reynolds, Mrs. Fred<br /> Feb. 11, Lincoln, C. .<br /> Feb. 16, Hardy, J. Herbert .<br /> <br /> » Haggard, Major Arthur .<br /> Feb. 23, Finnemore, John .<br /> Mar. 2, Moor, Mrs. St. C.<br /> Mar. 5, Dutton, Mrs. Carrie<br /> Apl. 10, Bird, CO. P..<br /> Apl. 10, Campbell, Miss Montgomery .<br /> May Lees, R. J...<br /> <br /> Wright, J. Fondi .<br /> <br /> Nov. 138, Longe, &quot;Miss Julia .<br /> <br /> Donations.<br /> <br /> Jan. 8, Wheelright, Miss H. :<br /> », Middlemass, Miss Jean . :<br /> Jan. 6, Avebury, The Right Hon.<br /> <br /> The Lord .<br /> » Gribble, Francis<br /> Jan. 13, Boddington, Miss Helen .<br /> Jan. 17, White, Mrs. Wollaston .<br /> » Miller, Miss E. T. .<br /> Jan. 19, Kemp, Miss Geraldine<br /> Jan. 20, Sheldon, Mrs. French<br /> Jan. 29, Roe, Mrs. Harcourt<br /> Feb. 9, Sher wood, Mrs. .<br /> Feb. 16, Hocking, The Rey. Silas<br /> Feb. 18, Boulding, J. W. .<br /> 5, Ord, Hubert H.<br /> Feb. 20, Price, Miss Eleanor<br /> » Carlile, Rev. J. C..<br /> Feb. 24, Dixon, Mrs.<br /> Feb. 26, Speakman, Mrs...<br /> Mar. 5, Parker, Mrs. Nella<br /> Mar. 16, Hallward, N.L. .<br /> Mar. 20, Henry, Miss Alice .<br /> », Mathieson, Miss Annie .<br /> » Browne, T, A. (“ Rolfe Boldre-<br /> wood”’) ‘<br /> Mar. 23, Ward, Mrs. Humphry<br /> Apl. 2, Hutton, The Rev. W. H<br /> Apl. 14, Tournier, Theodore<br /> May King, Paul H. :<br /> S Wynne, Charles Whitw orth<br /> », 21, Orred J. Randal :<br /> June 12, Colles, W. Morris .<br /> » Bateman, Stringer .<br /> * = Aton. 3.<br /> » Mallett, Reddie<br /> Oct. 27, Sturgis, Julian<br /> <br /> =<br /> <br /> rt<br /> OOH OO OHS OHOL ON OHA ONO SO OL OUT OT<br /> <br /> cCorocoroocoooorSSOSC’®<br /> He<br /> <br /> eoooamoccoeosoooooo™<br /> <br /> SCeorocounooeocorooocoroeon oo<br /> <br /> e on} I<br /> _<br /> <br /> _<br /> <br /> eouncoorocouncocorH<br /> ecoaoecoecoocoo ccoocoooceocoononoonoonaoeo on<br /> <br /> eooocoocorocooconNnNorFH<br /> <br /> or<br /> <br /> Nov. 2, Stanton, V. H. ;<br /> Nov. 18, Benecke, Miss Ida. ;<br /> Nov. 23, Harraden, Miss Beatrice<br /> <br /> The following members have also made subserip-<br /> tions or donations :—<br /> <br /> Meredith, George, President of the Society.<br /> 1 hompson, Sir poy Bart., F.R.C.S.<br /> Rashdall, The Rey. H<br /> <br /> Guthrie, &quot;Anstey.<br /> <br /> Robertson, C. B.<br /> <br /> Dowsett, C. F.<br /> <br /> There are in addition other subscribers who do<br /> not desire that either their names or the amount<br /> they are subscribing should be printed.<br /> <br /> —___<br /> <br /> FROM THE COMMITTEE.<br /> <br /> A<br /> <br /> At the meeting of the Committee held on the<br /> 2nd of November, 18 members and associates were<br /> elected, bringing the total for the curftent yeaup<br /> to 182.<br /> <br /> The date for the unveiling of the Besant<br /> Memorial was discussed and the necessary details<br /> considered. The full statement of the arrange-<br /> ments is set forth on another page. There were<br /> one or two other matters on “ the agenda,” but no<br /> contentious business. One case, which was laid<br /> before the Committee, they did not see their<br /> way to take up, and it was hoped that another case,<br /> dealing with accounts, would be satisfactorily<br /> settled between the secretary and the publisher,<br /> without any need of further action.<br /> <br /> Se<br /> <br /> Cases.<br /> <br /> Since the last statement was issued twelve cases<br /> have been in the Secretary’s hands for settlement.<br /> Four of these refer to the return of MSS., three to<br /> the rendering of accounts, four to the payment or<br /> rather the non-payment of money, and the last to<br /> false representation. MSS., accounts and money<br /> are the most frequent causes for the Secretary’s<br /> interference, as will be seen by those members who<br /> read the monthly statement of the Society’s work.<br /> Of the twelve cases four have been concluded and<br /> eight are still unsettled. Of the former, in the one<br /> dealing with MS., the MS. has been returned and<br /> forwarded to the author; in the one dealing with<br /> accounts, the necessary documents have been<br /> supplied; and in the two demands for the payment<br /> of money the amount due has been forwarded to<br /> the office.<br /> <br /> Out of the cases reported in former issues there<br /> <br /> <br /> <br /> <br /> _~ Prothero, G. W.<br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR. 59<br /> <br /> ‘are only three still open. One of these, it is<br /> possible, will have to be abandoned owing to the<br /> fact that the member resides abroad ; the other two,<br /> although the authors are unwilling to follow up their<br /> ‘demands by an action in Court, will probably be<br /> satisfactorily settled.<br /> <br /> —_—<br /> <br /> November Elections.<br /> <br /> 81, Congoumbruto,<br /> Leghorn, Italy.<br /> <br /> 6, Sidney Terrace,<br /> New Road, Ports-<br /> mouth, Hants.<br /> <br /> Wiscombe Park, Coly-<br /> ton, Devon.<br /> <br /> Carmichael Montgomery .<br /> <br /> Eagleman, E. J. (Colin<br /> Conway)<br /> <br /> Edmonds, Miss<br /> <br /> Eldridge, Robey F. . Daylesford, Newport,<br /> Isle of Wight.<br /> <br /> Fevez, Miss Coralie Westdale, Streatham,<br /> S.W.<br /> <br /> Firth, C. H. 2, Northmoor Road,<br /> Oxford.<br /> <br /> Madeira Hotel, Shank-<br /> lin, Isle of Wight.<br /> Spixworth Park, Nor-<br /> <br /> wich.<br /> St. Ives, Cornwall.<br /> The Hut, Fairlie, N.B.<br /> 24, Bedford Square,<br /> <br /> Howell, Miss Constance .<br /> Longe, Miss Julia G.<br /> <br /> Marriott, Charles<br /> Morgan, Mrs. .<br /> <br /> WC.<br /> <br /> Smedley, Miss Constance. 119, Ashley Gardens,<br /> BWo<br /> <br /> Shore, Miss Emily K. 29, Norfolk Mansions,<br /> Battersea Park, 8S. W.<br /> <br /> Sparrow, A. G. Daisy Mere House,<br /> Near Buxton.<br /> Stirling, Mrs. (Percival 30, Sussex Villas, W.<br /> Pickering)<br /> Wyatt, DaviesErnest R.J. 7, Bridge Street, Cam-<br /> bridge.<br /> 20, Kew Gardens Road,<br /> <br /> Kew.<br /> <br /> Yosall, J. H., M.P.,<br /> <br /> PENSION FunD.<br /> <br /> THE Pension Fund Committee held a meeting<br /> on Monday, November 2nd, at the offices of the<br /> Society, 39, Old Queen Street, Storey’s Gate, in<br /> order to deal with the moneys which the trustees<br /> had intimated were at their disposal for the<br /> allotment of a fresh pension.<br /> <br /> The Committee granted a pension of £25 a<br /> year to Miss Helen M. Burnside, whose work as a<br /> writer of verse and whose books for children are<br /> well known.<br /> <br /> Among those who supported her application may<br /> be mentioned the following :—<br /> <br /> Mr. Mackenzie Bell, Miss Rosa Nouchette Carey,<br /> Sir A. C. Mackenzie, Miss M. Montresor, Mr.<br /> Algernon Swinburne, Mrs. Humphry Ward, Mr.<br /> Watts-Dunton, Mr. Arthur Waugh, Mr. W. H.<br /> Wilkins, and others.<br /> <br /> In order to give members of the Society, should<br /> they desire to appoint a fresh member to the<br /> Pension Fund Committee, full time to act, it has<br /> been thought advisable to place in Zhe Author a<br /> full statement of the method of election under the<br /> scheme for administration of the Pension Fund.<br /> Under that scheme the Committee is composed of<br /> three members elected by the Committee of the<br /> Society, three members elected by the Society at<br /> the General Meeting, and the chairman of the<br /> Society for the time being, ew officio. The three<br /> members elected at the general meeting when the<br /> fund was started were Mr. Morley Roberts, Mr.<br /> M. H. Spielmann, and Mrs. Alec Tweedie.<br /> <br /> According to the rules it is the turn of Mr.<br /> M. H. Spielmann to resign his position on the Com-<br /> mittee. In tendering his resignation he submits<br /> his name for re-election.<br /> <br /> The members have power to put forward other<br /> names under Clause 9, which runs as follows :—<br /> <br /> “ Any candidate for election to the Pension Fund Com-<br /> mittee by the members of the Society (not being a retiring<br /> member of such Committee) shall be nominated in writing<br /> to the seeretary, at least three weeks prior to the general<br /> meeting at which such candidate is to be proposed, and<br /> the nomination of each such candidate shall be subscribed<br /> by, at least, three members of the Society. A list of the<br /> candidates so nominated shall be sent to the members of<br /> the Society with the annual report of the Managing Com-<br /> mittee, and those candidates obtaining the most votes at<br /> the general meeting shall be elected to serve on the Pension<br /> Fund Committee.”<br /> <br /> In case any member should desire to refer to<br /> the list of members, a copy complete, with the<br /> exception of those members referred to in the note<br /> at the beginning, can be obtained at the Society’s<br /> office.<br /> <br /> It would be as well, therefore, should any of the<br /> members desire to put forward candidates, to take<br /> the matter within their immediate consideration.<br /> The general meeting of the Society has usually<br /> been held towards the end of February or the<br /> beginning of March. ‘This notice will be repeated<br /> in the January number of The Author. It is<br /> essential that all nominations should be in the<br /> hands of the secretary before the 31st of January,<br /> 1904.<br /> <br /> o—~&lt;&gt; «-<br /> <br /> <br /> 60<br /> <br /> AFLALO AND COOK vy. LAWRENCE AND<br /> BULLEN.<br /> <br /> —1——+ —<br /> <br /> HIS case came before the House of Lords on<br /> November 13th, the defendant company<br /> having appealed from the judgments given<br /> <br /> in the Court of First Instance and in the Court of<br /> Appeal to the House of Lords. The facts of the<br /> case may be briefly set forth as follows :—<br /> <br /> The plaintiff, Aflalo, conceived a scheme for the<br /> publication of a work to be called “The Encyclo-<br /> peedia of Sport.” The defendants determined to<br /> adopt the scheme making the plaintiff, Aflalo,<br /> editor under an agreement, the chief terms of<br /> which were as follows :—<br /> <br /> That for his editorial services the plaintiff<br /> should be paid £500, and a further sum to cover<br /> expenses of postage, etc. :<br /> <br /> That the plaintiff should write, without further<br /> fee, 7,000 words as special articles, and contribute<br /> all the unsigned articles that might be required.<br /> <br /> That the plaintiff should be entitled to pursue<br /> his literary work so far as it did not interfere with<br /> the performance of his editorial duties.<br /> <br /> That the defendants might determine the agree-<br /> ment under certain conditions.<br /> <br /> Under this agreement the work was produced,<br /> and the plaintiff Aflalo contributed an article,<br /> entitled “Sea Fishing.” Prior to the commence-<br /> ment of the action he was registered as the holder<br /> of the copyright. The plaintiff Aflalo, as editor,<br /> further arranged with the co-plaintiff Cook, for<br /> the latter to contribute certain articles at certain<br /> prices on terms contained in a letter dated June 2nd,<br /> 1896. The following, omitting the formal parts,<br /> is a copy :—<br /> <br /> “IT am now requested by Messrs. Lawrence and Bullen<br /> to definitely ask you to undertake for their forthcoming<br /> “Encyclopedia of Sports and Pastimes” the following<br /> work. Of the angling article 5,000 words and separate<br /> articles of 5,000 each on trout and pike.<br /> <br /> “The former (angling) we should want in by the middle<br /> of July, the two latter will do later. The remuneration<br /> will be at the rate of £2 per thousand, payable ordinarily<br /> when the work is passed for press, but if you prefer letting<br /> us have all the trout and pike articles in by August I<br /> understand the publishers will make no difficulty about<br /> paying for the whole by October. Will you also see Senior<br /> about your share in the angling article, and also let us know<br /> if these terms are satisfactory.”<br /> <br /> These articles were written and appeared in the<br /> “Encyclopedia.” Prior to the commencement of<br /> the action the plaintiff Cook was registered as the<br /> proprietor of the copyright in his articles. In<br /> neither of the agreements with the plaintiffs (i.e.,<br /> the above-mentioned agreement and letter) was<br /> there any express stipulation as to the proprietor-<br /> ship of or copyright in any of the articles so<br /> contributed by them.<br /> <br /> THE AUTHOR.<br /> <br /> In 1900 the defendants published a book, entitled<br /> “The Young Sportsman,” containing copies of each<br /> of the said articles or substantial portions of them.<br /> The plaintiffs alleged that such reproduction in-<br /> fringed their copyright, and further that it was a<br /> publication of the said articles separately or singly<br /> within the meaning of section 18 of the Copyright<br /> Act. The plaintiffs claimed injunction and<br /> damages.<br /> <br /> The defendants put in issue the allegations of the<br /> plaintiffs. They denied that the plaintiffs were<br /> the holders of the copyright in the articles, and<br /> claimed that an implied term of the agreement<br /> between them and the plaintiff Aflalo was that the<br /> copyright should belong to the defendants as pro-<br /> prietors of the “ Encyclopedia,” or that alternately,<br /> the plaintiff became their servant for the purpose<br /> contemplated in the agreement, and all the work<br /> he did was their absolute property.<br /> <br /> That the plaintiff Cook was employed by them<br /> upon the terms contained in the letter of June<br /> quoted above. That the said articles were paid for<br /> by the defendants upon the terms contained in<br /> the said letter, and that it was an implied term<br /> of the plaintiff Cook’s said employment that the<br /> copyright in the said articles should belong to the<br /> defendants as proprietors of the “‘ Encyclopedia.”<br /> <br /> They admitted publishing “The Young Sports-<br /> man,” and that as they were entitled to do they<br /> reprinted therein the said articles or portions<br /> thereof. And by way of counter-claim the defen-<br /> dants claimed a deévlaration that they were the<br /> proprietors of the copyrights in the said articles,<br /> and an order expunging from the book of registry<br /> the entries whereby the plaintiffs had wrongfully<br /> registered themselves as such proprietors and<br /> damages and costs.<br /> <br /> In order to assist further those interested in the<br /> judgment we print the portion of the second section<br /> of the Copyright Act referred to herein, and the<br /> eighteenth section in full :—<br /> <br /> Section 2. “In the construction of this Act the word.<br /> “Book” shall be construed to mean and include every<br /> volume, part or division, of a volume, pamphlet, sheet of<br /> letter-press, sheet of music, map, chart, or plan separately<br /> published.”<br /> <br /> Section 18. “ When any publisher or other person shall,<br /> before or at the time of the passing of this Act, have pro-<br /> jected, conducted and carried on, or shall hereafter project,<br /> conduct, and carry on, or be the proprietor of any encyclo-<br /> pedia, review, magazine, periodical work, or work published<br /> in a series of books or parts, or any book whatsoever, and’<br /> shall have employed or shall employ any persons to compose<br /> the same, or any volumes, parts, essays, articles or portions.<br /> thereof, for publication in or as part of the same, and such<br /> work, volumes, parts, essays, articles or portions shall have<br /> been or shall hereafter be composed wrder such employ-<br /> ment on the terms that the copyright therein shall belong<br /> to such proprietor, projector, publisher, or conductor, and<br /> paid for by such proprietor, projector, publisher, or con-<br /> ductor, the copyright in every such encyclopedia, review,<br /> magazine, periodical work, and work published in a series:<br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR. 61<br /> <br /> of books or parts, and in every volume, part, essay, article,<br /> and portion so composed and paid for, shall be the property<br /> of such proprietor, projector, publisher, or other conductor,<br /> who shall enjoy the same rights as if he were the actual<br /> author thereof, and shall have such term of copyright<br /> therein as is given to the authors of books by this Act;<br /> except only that in the case of essays, articles, or portions<br /> forming part of and first published in reviews, magazines,<br /> or other periodical works of a like nature, after the term of<br /> twenty-eight years from the first publication thereof respec-<br /> tively the right of publishing the same in a separate form<br /> shall revert to the author for the remainder of the term<br /> given by this Act : Provided always, that during the term<br /> of twenty-eight years the said proprietor, projector, pub-<br /> lisher, or conductor shall not publish any such essay,<br /> article, or portion separately or singly without the consent<br /> previously obtained of the author thereof, or his assigns :<br /> Provided also, that nothing herein contained shall alter or<br /> affect the right of any person who shall have been or shall<br /> be so employed as aforesaid to publish any such his com-<br /> position in a separate form, who by any contract, express<br /> or implied, may have reserved or may hereafter reserve to<br /> himself such right; but every author reserving, retaining,<br /> or having such right shall be entitled to the copyright in<br /> such composition, when published in a separate form,<br /> according to this Act, without prejudice to the right of<br /> such proprietor, projector, publisher, or conductor as<br /> aforesaid.”<br /> <br /> The case in the Court of First Instance was<br /> heard on July 81st, 1901, before the Hon. Mr.<br /> Justice Joyce, and judgment was given in favour<br /> of the plaintiffs on the same date. His lordship’s<br /> judgment is reported in the Law Reports, 1902,<br /> 1 Ch., p. 264.<br /> <br /> From this judgment the defendants appealed to<br /> His Majesty’s Court of Appeal, and the appeal was<br /> heard before the said Court, consisting of Lords<br /> Justices Vaughan Williams, Romer, and Stirling<br /> upon June 30th and July Ist, 1902, when their<br /> lordships took time to consider their judgments.<br /> Upon August 11th, 1902, their lordships inti-<br /> mated that they desired to hear further arguments<br /> -upon the point whether under the circumstances<br /> and having regard to the definition of a “ book”<br /> in section 2 of the Act and to section 3, the plain-<br /> tiffs had any such right as entitled them to main-<br /> tain their action—copyright or any other right.<br /> And the said appeal was further heard and argued<br /> efore the said Court upon December 6th, 1902,<br /> when their lordships again took further time to<br /> consider their judgments ; and on December 18th,<br /> 1902, they delivered judgments differing in opinion,<br /> Lord Justice Vaughan Williams delivering judg-<br /> ment in favour of the defendants the appellants,<br /> whilst Lords Justices Romer and Stirling delivered<br /> judgment in favour of the plaintiffs. The plaintiffs<br /> accordingly obtained a second decision in their<br /> favour. Their lordships’ judgments are reported<br /> in the Law Reports, 1903, 1 Ch., p. 318.<br /> <br /> From this judgment the defendants again ap-<br /> pealed to the House of Lords. The appeal was<br /> heard on November 13th. Their lordships gave<br /> their judgments as follows :—<br /> <br /> Tue Lorp CHANcELLOR.—My lords, if I had<br /> not come to the conclusion that the case is covered<br /> by authority I should have desired further time to<br /> consider the mode in which I should express the<br /> views I entertain.<br /> <br /> I think it is absolutely impossible, after the<br /> decision arrived at just about half a century ago<br /> upon this very point, and confirmed as it is by a<br /> decision of the Court of Appeal, to render it<br /> doubtful what the decision on this appeal ought to<br /> be. Ido not deny that there may be—there pro-<br /> bably is—a distinction between the inference of<br /> fact that would be drawn from the fact that a<br /> person had employed another to create something<br /> for him if it was a mere material subject and the<br /> rule which would apply to literary composition.<br /> Although there is a distinction in that respect<br /> which ought to be insisted upon, on the other<br /> hand, literary compositions are subjects of barter<br /> and sale. When a person is employed to create<br /> some literary composition, and that involves some-<br /> body else spending money for its publication, and<br /> incurring the responsibilities and great risk that<br /> may attend the publication, it is impossible not to<br /> recognise the fact that some of the inferences at<br /> all events could have been drawn from those facts<br /> of employment and payment which would naturally<br /> attach to the payment for something for which<br /> another person was employed. It is not a question<br /> of law ; it is a question of fact to be derived from<br /> all the circumstances of the case what is the nature<br /> of the contract entered into between the parties.<br /> <br /> My lords, I must say I thought that we had<br /> arrived at some sort of concurrence by the<br /> learned counsel themselves in the course of the<br /> argument, that in the construction of the eighteenth<br /> section, at all events, there were two propositions<br /> that could not be disputed. The first was that the<br /> bargain between the parties involving this question<br /> of copyright need not be in writing. Secondly,<br /> that no express words were necessary in order to<br /> constitute the contract, such as it is, contemplated<br /> by the statute. I must say I can entertain no<br /> doubt that this is one of those inferences which<br /> you are entitled to draw, but for which you can lay<br /> down no abstract rule. That which may be im-<br /> plied in a contract must depend very much on<br /> what the contract is—the nature of the contract—<br /> and whether or not the written contract displaces<br /> every other term whatsoever ; because, in the infi-<br /> nite variety of dealings among mankind, there are<br /> some things which none would think of expressing<br /> in terms, although undoubtedly they would form<br /> part of any contract made on such a subject.<br /> <br /> Now, my lords, as I have said, this case, I<br /> think, is concluded by authority, and, therefore, I<br /> do not want to re-argue the matter; but I rather<br /> concur with what fell from my noble and learned<br /> 62<br /> <br /> friend Lord Davey, that if this question had not<br /> been raised and decided half a century ago, it would<br /> have been open to consideration whether or not<br /> the eighteenth section did not imply some express<br /> contract, at all events, one way or the other ; but<br /> where a state of law has been recognised now for<br /> half a century and confirmed by the Court of<br /> Appeal, it would be, I think, a startling novelty for<br /> your lordships to treat that as res integra, which<br /> we should determine for ourselves without reference<br /> to previous decisions. .<br /> <br /> My lords, I confess I should feel great hesi-<br /> tation in disagreeing with any proposition that<br /> had been laid down by such a Court presided over<br /> by such Judges as those who decided the case<br /> in the Common Pleas, which has been referred to,<br /> <br /> I think, after the very careful review of<br /> those cases that have been brought before your<br /> lordships by the learned counsel who very ably<br /> and candidly argued this question on the part of<br /> the plaintiffs, it is unnecessary to go through the<br /> whole of these authorities beyond this: if one<br /> looks at that case in the Common Pleas, one<br /> sees it was decided upon a special case, and<br /> the learned Judges were unanimous in their<br /> decision that you could infer a transfer of the<br /> copyright from the facts, and then when you look<br /> and see what the facts are to which they refer<br /> as being those from which a reasonable man would<br /> infer it, it is manifest that the question which<br /> is raised here, about the possibility of competition,<br /> formed no factor in the problem which the learned<br /> Judges decided. It is said: “Here is a person<br /> who is for the purpose of profit selling to a person<br /> who is to adventure and risk his money in the<br /> concern, and unless you come to the conclusion<br /> as a matter of reasonable inference that the copy-<br /> right in the thing so purchased was to belong to<br /> him, the result would be that he would get nothing<br /> for his money.”<br /> <br /> My lords, that is a general observation which<br /> I think may very properly be made in the abstract.<br /> People do not spend money except upon the hypo-<br /> thesis that they get something for it, and unless<br /> you give to the bargain the effect which the<br /> language itself seems to import, that the person<br /> who is the projector, the publisher, and who is<br /> called “the proprietor,” is to stand in the shoes<br /> of the actual author, and if you are to treat it<br /> as it has been treated at the Bar here, the truth<br /> is the projector, the publisher, and so forth would<br /> get nothing for his money, because the whole<br /> object of his publication might be defeated the<br /> very next day either by the same person to whom<br /> he had paid the money, or by any stranger who<br /> might obtain the result of if. It seems to me,<br /> therefore, that it would be a very unreasonable<br /> inference to draw from such a transaction as this,<br /> <br /> THE AUTHOR.<br /> <br /> that the person who paid the money was not to<br /> have the right which would, as a matter of business<br /> in the case of a publisher where he is buying<br /> literary compositions, naturally be the thing for<br /> which he pays. He is the publisher, not the<br /> author ; he goes to the author and buys from him<br /> what the author composes. Under these circum-<br /> stances, my lords, it seems to me it would be a<br /> most unreasonable inference for one to draw from<br /> the facts, in proof in this case, if I were not to<br /> suppose that the person who paid that money and<br /> incurred that risk was not to have the complete<br /> right such as the original author would have had if<br /> it were not published in this way, to publish it<br /> himself.<br /> <br /> Therefore, my lords, I think the appeal ought<br /> to be allowed and the judgment ought to be<br /> reversed. ;<br /> <br /> As I have already intimated, another question<br /> has been raised (I mean the words “ separately<br /> published”) upon which I propose to give no opinion<br /> at all. I therefore propose to leave that question,<br /> because it is not necessary to decide it for the pur-<br /> poses of the present case.<br /> <br /> Lorp S#HAND.—My lords, as your lordships<br /> have resolved that there shall be no decision given<br /> on the question which has been raised under<br /> section 2 of the Statute as to the effect of the<br /> words “separately published,” there used in regard<br /> to the publication of the different articles, with<br /> others in an encyclopedia or magazine, I shall say<br /> no more than that I am certainly not prepared,<br /> from the arguments we have heard, to agree with<br /> Lord Justice Vaughan Williams in what he alone<br /> has said on that subject.<br /> <br /> With reference to the case otherwise, I entirely<br /> agree with what has fallen from my noble and<br /> learned friend on the Woolsack. The question<br /> really here to be decided is whether the copyrights<br /> have been transferred by the publication from the<br /> authors to the publisher.<br /> <br /> The case is one in which the publisher’s right<br /> depends on its being shown that the articles were<br /> contributed “on the terms” that the copyright in<br /> them should belong to him. Upon that question<br /> I think we have important facts to consider. In<br /> dealing with it, it has not been disputed, that<br /> although the agreement is contained in writing, it<br /> is not necessary that the terms as to copyright<br /> shall be expressly stated, and where as here there<br /> are not express terms, it is enough to create a<br /> transfer of the right, if that right be implied from<br /> the nature and whole circumstances of the publica-<br /> tion, and the arrangement and transaction between<br /> the parties. As bearing upon that matter I think<br /> in the first place a very important point is that the<br /> publisher conceives the creation of the magazine<br /> which he publishes as his undertaking for his<br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> profit ; that it is for the purpose of his magazine<br /> that the articles are contributed. Again, the<br /> articles as so contributed for the purpose of being<br /> used in his magazine are given on his employment,<br /> and on his payment undertaken and made.<br /> Regarding those circumstances together, it appears<br /> to me that the articles are contributed on the<br /> footing that on payment under such employment<br /> they shall become his property.<br /> <br /> The Statute declares that if transferred on terms<br /> having this effect they shall be the property of the<br /> proprietor or publisher, who shall enjoy the same<br /> rights as if he were the “ actual author thereof.”<br /> It appears to me that it would be inconsistent<br /> with the notion that they were to become his<br /> property as if he were the author and with all the<br /> full rights of the author, that there should be still<br /> left in the author after payment made to him a<br /> property which would enable him to use the same<br /> articles in other magazines. This would clearly<br /> follow if the appellants’ contention were sound.<br /> It would give the publisher little if any benefit for<br /> the payment he had made, and I think that<br /> circumstance so inconsistent with the result of the<br /> payment made in the circumstances as of itself<br /> sufficient to show that the practical result of what<br /> happened between the parties, having regard also<br /> to the clause in the Statute, is that the terms to be<br /> inferred are that the copyright should belong to the<br /> proprietor or publisher ; and that is to my think-<br /> ing, therefore, the inference to be drawn from the<br /> contract between the parties.<br /> <br /> On these grounds, my lords, and concurring with<br /> all that his lordship has said upon the authority<br /> of the cases in the past, I am of opinion that<br /> the decision of the Court of Appeal should be<br /> reversed.<br /> <br /> Lorp Davey.—My lords, I am of the same<br /> opinion. If this matter could be regarded ag res<br /> integra I think that there would be a great deal to<br /> be said for a construction of the eighteenth section<br /> such as that which was contended for by the<br /> learned counsel in the case which was referred to<br /> of Lamb v. Evans, viz., that it was for the publisher<br /> or proprietor to prove an agreement that the com-<br /> poser or author was employed upon the terms that<br /> the copyright should belong to the publisher. But,<br /> my lords, any such proposition as that would be<br /> inconsistent with the law as laid down in the cases<br /> to which my noble and learned friend has referred,<br /> of Sweet v. Benning, and the more recent case of<br /> Lamb v. Evans.<br /> <br /> My lords, the law which I understand to be laid<br /> down in Sweet v. Benning is that it is not necessary,<br /> according to the true constructionof the eighteenth<br /> section of the Copyright Act, that you should find<br /> an actual agreement that the copyright should<br /> belong to the proprietor; nor indeed is it even<br /> <br /> 63<br /> <br /> necessary to find special circumstances which lead<br /> to that conclusion. I say so because I find that in<br /> the case of Sweet v. Benning the special case upon<br /> which the opinion of the Common Pleas was<br /> delivered contained a statement that nothing was<br /> said between the parties affecting copyright. I<br /> can find no special circumstances stated in the<br /> special case, and the decision seems to me to have<br /> been founded only upon the nature of the employ-<br /> ment, the nature of the publication and the<br /> relation of the parties,<br /> <br /> My lords, Mr. Justice Joyce tells us in his<br /> judgment: “I decide this case upon the short<br /> ground that I see no special circumstance either<br /> in the nature of the work or in the terms or in the<br /> nature of the employment, from which I can infer,<br /> or must infer, that which is not expressed, namely,<br /> that the copyright is to belong to the proprietor.”<br /> That being so, he says in another passage that the<br /> consequence would not be different from what it<br /> would be in an ordinary case. Now, my lords, [I<br /> do not think that that decision was consistent with<br /> Sweet v. Benning or Lamb v. Evans. I think that<br /> what the Court has to do is to look at all the<br /> circumstances of the case and to say as a jury,<br /> what is the inference which you would draw ? or as<br /> Lord Justice Bowen puts it in his judgment in<br /> Lamb v. Evans, what is the way in which business<br /> men would look at the question ?<br /> <br /> My lords, of course what the inference should be<br /> isa matter of fact, and for my own guidance [<br /> adopt the rule laid down by Lord Justice Kay in<br /> Lamb v. Evans, as correctly stating what I under-<br /> stand to be the law, and therefore I ask myself<br /> what is the inference which I am to draw from<br /> these circumstances ? The circumstances are that<br /> the publisher is minded for his own profit to<br /> publish an “ Encyclopedia of Sport” ; he is prepared<br /> to spend, and he does spend, a very large sum of<br /> money, amounting to some thousands of pounds,<br /> upon the enterprise in which he is engaged ; he<br /> employs a gentleman to act as editor and also to<br /> write some of the articles at a given salary, and<br /> through the editor he employs another gentleman<br /> named Mr. Cook to write articles for a given<br /> remuneration. Those are all the material facts of<br /> the case ; and I have to ask myself what is the<br /> inference that I draw from those facts. That, I<br /> repeat, is a matter of fact and not a matter of law.<br /> No doubt one may gain some assistance from the<br /> way in which a similar set of facts have been<br /> regarded in other cases ; but after all, where it is<br /> a question of fact each case must stand upon its<br /> own merits.<br /> <br /> My lords, if I were to express my opinion as a<br /> juryman upon the facts I have mentioned, I should<br /> say that it was one of the terms on which these<br /> gentlemen were employed to write articles for the<br /> 64<br /> <br /> « Encyclopedia,” that the copyright should belong<br /> to the proprietor, and I say so for this reason, ‘The<br /> ‘* Encyclopeedia ” was to be his property, it was to be<br /> his book, he was to derive the benefit and profit to<br /> be derived from its publication ; and therefore I<br /> should assume that in buying the articles written<br /> by these gentlemen the inference 18 that both<br /> parties intended that the proprietor should have<br /> the right that was necessary for him to protect the<br /> property which he had purchased, and adequately<br /> to protect the enterprise for the purpose of which<br /> these articles were intended to be used. In my<br /> judgment he could not adequately protect the<br /> articles which he had purchased, or his property,<br /> in the book for the purpose of which the articles<br /> were written and purchased, without having the<br /> right to prevent an invasion—I hardly like to say<br /> of the copyright, but I must say of the copyright<br /> in those articles. ‘Therefore the inference I should<br /> draw would be the same as was drawn in the cases<br /> of Sweet v. Benning and Lamb v. Evans ; and for<br /> my part 1 am perfectly prepared to adopt every<br /> word of the judgment of Lord Justice Bowen, and<br /> that of Lord Justice Kay, as well as the judgments<br /> in the earlier cases. If I might choose one passage<br /> which I think expresses my meaning in better<br /> terms than I could use myself, I ask leave to read<br /> this passage from the judgment of Lord Justice<br /> Kay : “ What is the fair inference from the facts<br /> of the case? Surely the inference is that the<br /> man who is to go to the expense of printing and<br /> publishing this book will, as between him and the<br /> agents he may have employed to assist him in<br /> the compilation of it, have in himself whatever<br /> property the law will give him in that book.<br /> That is the inference I should certainly draw ;<br /> and, I think, in this case it is sufficiently clear, in<br /> the absence of evidence to the contrary, that the<br /> terms of employment of those several agents<br /> involved this, that the copyright in the portions<br /> of this book which they composed should belong<br /> to the owner of the book.”<br /> <br /> Lorp Rogertson.—My lords, in my opinion<br /> this case ought to have been decided on the<br /> authority of Sweet v. Benning and Lamd v. Evans,<br /> as furnishing a rule of inference applicable to the<br /> facts of the present case.<br /> <br /> I do not think that the conclusion which I sup-<br /> port is accurately described as inferring one of three<br /> statutory requirements from the existence of two.<br /> Whether that inference be legitimate or not must<br /> depend on the nature and on the other conditions<br /> of the employment ; and the cases to which I refer<br /> do nothing to take the question out of the region<br /> of fact. Butit is obvious that the facts of employ-<br /> ment and of payment stand in a different category<br /> from the terms on which employment and payment<br /> take place, those terms being necessarily an element<br /> <br /> THE AUTHOR.<br /> <br /> or ingredient in the employment, and not a separate<br /> or independent fact.<br /> <br /> Accordingly the view of the two Lords Justices<br /> about the three conditions all requiring, by the<br /> structure of the section, to be proved, really means<br /> that an express agreement about copyright must be<br /> proved, or the writer retains the copyright. Unable<br /> as I am to accept this view, which is opposed to the<br /> decision in Sweet v. Benning, and indeed was not<br /> supported by Mr. Scrutton, I am free to consider<br /> what is prima facie the proper inference ; and I<br /> prefer, on its merits and also from its authority,<br /> the inference of Sweet v. Benning.<br /> <br /> The result has been that the judgments of the<br /> two Courts below have been reversed and dis-<br /> charged and final judgment given that the action<br /> be dismissed with costs,<br /> <br /> aa ee<br /> <br /> OUR BOOK AND PLAY TALK.<br /> <br /> oe<br /> <br /> ROFESSOR J. E. GORE, F.R.A.S., M.R.LA.,<br /> <br /> who published recently a book entitled “‘ The<br /> <br /> Stellar Heavens: An Introduction to the<br /> <br /> Study of the Stars and Nebule” (Chatto and<br /> <br /> Windus), has in hand a work on the constella-<br /> <br /> tions, with special reference to the Persian astro-<br /> <br /> nomer, Al-Sufi’s, “‘ Description of the Fixed Stars,”<br /> <br /> written in the tenth century. This will probably<br /> <br /> be published early next year. Professor Gore has<br /> <br /> also nearly ready for the press a collection of popular<br /> <br /> articles on astronomical and other scientific sub-<br /> jects.<br /> <br /> Mr. de V. Payen-Payne, Hon. Treasurer of the<br /> Modern Language Association, Principal of Ken-<br /> sington Coaching College, &amp;c., &amp;c., is compiling a<br /> “ Scientific French Reader” for Messrs. Blackie; be<br /> is also editing a series of ‘‘Short French Readers’’<br /> for Mr. Nutt, and is correcting Cassell’s “ French<br /> Dictionary.” Then the Cambridge University Press<br /> will shortly publish an abridgment of Gautier’s<br /> “Voyage en Italie,” annotated by Mr, de VY.<br /> Payen-Payne.<br /> <br /> Mr. A. C. Benson has a study of Tennyson<br /> (Methuen’s “ Little Biographies”) coming out<br /> very soon; also a small selection of “ Whittier,”<br /> which is to be published by Messrs. Jack, of Hdin-<br /> burgh; while his “ Rossetti’? (Macmillan’s ‘* Men<br /> of Letters” series) is in the press. At the end of<br /> this year Mr. Benson resigns his mastership at<br /> Eton, which he has held for nineteen years, and<br /> he will take up, with Viscount Esher, the task of<br /> editing ‘Queen Victoria’s Correspondence from<br /> 1837—1861.”<br /> <br /> Major Greenwood, M.D., L.L.B., has a novel in<br /> hand. His book, The Law Relating to the Poor<br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> Law Medical Service,” is now being advertised by<br /> the medical press. Messrs. Bailli¢re, Tindall and<br /> Cox are the publishers of it. :<br /> <br /> Mr. James Baker, F.R.G.S., F.R.Hist.Soc., is<br /> now travelling in the East, and will be making a<br /> tour in the Holy Land. Before leaving Clifton he<br /> was engaged on a series of topographical articles,<br /> and he has completed a novel on Oxford life. He<br /> has been writing a great deal on technical educa-<br /> tion and technical agricultural education for the<br /> Leeds Agricultural College.<br /> <br /> Mr. Baker is also preparing several lectures for<br /> the early part of 1904 on Egypt, Russia, &amp;c. He<br /> has lately written, too, an article on the life of<br /> Macaulay, using for it some of Macaulay’s hitherto<br /> unpublished letters.<br /> <br /> Mr. Wynford Dewhurst, R.B.A., will publish<br /> immediately through Messrs. Newnes &amp; Co. his<br /> book, ‘‘ Impressionist Painting.’ Its price is 25s.,<br /> and it will contain some 50,000 words and about<br /> 100 illustrations in monochrome and colours.<br /> There will be photographs and short biographies of<br /> leading impressionist artists. The whole is the out-<br /> come of many years ofart study, of friendships with<br /> the impressionist painters, and of strong conviction.<br /> <br /> Mr. G. B. Buckton, F.R.S., has recently published,<br /> through Messrs. Lovell, Reeve &amp; Co., a “ Mono-<br /> graph of the Membracide.” The family of insects<br /> it treats of is only barely represented in this<br /> country. A review of the extraordinary develop-<br /> ment of the five hundred insects Mr. Buckton<br /> draws and colours is highly suggestive. Professor<br /> E. B. Poulton, of Oxford, adds a valuable chapter<br /> to illustrate the effects of protective mimicry,<br /> which he assigns as the principal cause of these<br /> highly specialised forms.<br /> <br /> This monograph professes to be only pioneering<br /> work in an almost unexplored region of entomology<br /> —yet the spread of these curious insects is almost<br /> world-wide. Their chiefly known homes are the<br /> two continents of America, though the Old World<br /> is also well represented,<br /> <br /> We note three important books by members<br /> of the Society. There are Lord Wolseley’s two<br /> volumes of “ Memoirs,’ just out; there is Sir<br /> Gilbert Parker’s “ Old Quebec,” written in col-<br /> laboration with Mr. Claude G. Bryan; and there<br /> is Mr. EK. K. Chambers’ ‘‘ The Medieval Stage,” in<br /> two volumes.<br /> <br /> Lord Wolseley is an active member of our Society.<br /> He wrote an account of the China War in 1860.<br /> He is, besides, the author of “The Soldier’s Pocket<br /> Book,” which went through several editions ; he<br /> has written books on Napoleon, and has contributed<br /> numerous articles to the leading magazines of<br /> England and America. Then last, but far from<br /> least, there are his two volumes on the great Duke<br /> of Marlborough,<br /> <br /> 65<br /> <br /> The demand for the eighth edition of Lieut.-<br /> Colonel E. Gunter’s “ Officer’s Field Note and<br /> Sketch Book and Reconnaissance Aide-Mémoire,”<br /> published by Messrs. Wm. Clowes &amp; Son, 23,<br /> Cockspur Street, Charing Cross, in August, hag<br /> been such that the edition is nearly exhausted.<br /> <br /> Mr. H. Rider Haggard’s novel, “ Stella Frege-<br /> lins,” appears at the beginning of next year. It<br /> is a mystical story of modern life. His romance,<br /> “The Brethren,” a tale of the Crusades, begins in<br /> Cassell’s Magazine next month. Mr. Hagvard is<br /> now engaged upon a sequel to “She,” and it will<br /> be published in the Windsor Magazine in due<br /> course.<br /> <br /> Sydney C. Grier is at present finishing a his-<br /> torical novel, which Messrs. Blackwood hope to<br /> publish in the spring. It is called “The Great<br /> Proconsul,” and deals with the Indian career of<br /> Warren Hastings, from his marriage in 1777<br /> to his return to England in 1785. The story is<br /> told in the first person by an inmate of his<br /> household, and aims at bringing out the lighter<br /> and more domestic side of his character, which is<br /> necessarily almost overlooked in the formal bio-<br /> graphies, while preserving the historical background<br /> intact.<br /> <br /> It is ten or twelve years since Sydney C. Grier<br /> began to collect the materials for this book, and<br /> for the past two years she has devoted herself to<br /> it exclusively, studying as little as possible the<br /> modern books written about Hastings, and as much<br /> as possible the immense mass of contemporary<br /> material still extant.<br /> <br /> Madame Albanesi is engaged on a novel, which,<br /> after serial production here, and in the United<br /> States, will be published in book form by Messrs.<br /> Methuen &amp; Co. in England, and Messrs. McClure,<br /> Phillips &amp; Co. in America.<br /> <br /> Madame Albanesi is also just finishing a series<br /> of stories for Zhe Onlooker, which are now running.<br /> Further, she is at work on a play—the dramatisa-<br /> tion of one of her own books—and she has certain<br /> serials to finish, which appear either anonymously<br /> or under a pen-name.<br /> <br /> The title of Miss Jean Middlemass’s novel “ Till<br /> Death Us Do Part” has been altered to “ Ruth<br /> Anstey,” owing to the fact that the former title has<br /> already been used,<br /> <br /> Mrs. Edith E. Cuthell’s new story for children<br /> will run as a serial in Cassell’s Little Folks in the<br /> last half of next year. Mrs, Cuthell, as in her<br /> early work “ Only a Guardroom Dog,” now in its<br /> second edition, tells of the life of an officer’s<br /> children and their pet. But the scene is now laid<br /> in India, and in the more remote and thrilling days<br /> of the Mutiny. The adventures are exciting, but<br /> all ends happily.<br /> <br /> Mr. F, Anstey has written a story for children<br /> 66<br /> <br /> called “ Only Toys.” It contains numerous illus-<br /> trations by Mr. H. R. Millar, and tells how Santa<br /> Claus gave the gift of speech and movement to the<br /> toys belonging to a little boy and girl who con-<br /> sidered themselves too big and far too clever to play<br /> with them. Mr. Grant Richards is the publisher<br /> of “Only Toys.”<br /> <br /> . yes. Bright,” by Miss Montgomery-Campbell<br /> (Jarrolds, 1s. 6d.), a book of heroic deeds for lads,<br /> dedicated to the Church Lads’ Brigade, has just<br /> been published, and has received favourable notices<br /> from the provincial press. ‘The second edition of<br /> “Qld Days in Diplomacy,” which Miss Montgomery-<br /> Campbell was instrumental in bringing before the<br /> public, and for which she wrote a preface, is being<br /> widely read, and has been warmly praised by<br /> diplomatists. :<br /> <br /> Mrs. E. M. Davy’s new book of stories, “ Seven<br /> of Them,” was published the other day. All the<br /> tales contained in the volume have appeared in<br /> good English and American serials.<br /> <br /> Two of Miss R. N. Carey’s recent books, “ Rue,<br /> With a Difference,” and “Heart of Grace,” have<br /> been published in cheap standard editions. “A<br /> Passage Perilous” is being issued in Baron Tauch-<br /> nitz’s Continental series. a ov<br /> <br /> Norley Chester’s new book, “ Cristina,” is just<br /> out. It is published by Messrs. Swan Sonnen-<br /> schein.<br /> <br /> Messrs. Kegan Paul, Trench, Triibner &amp; Co.<br /> have ready a new and cheaper edition of Mr.<br /> Austin Dobson’s ‘The Ballad of Beau Brocade,<br /> and Other Poems of the XVIIIth Century,”<br /> with fifty-five illustrations by Hugh Thomson,<br /> price 2s. 6d. net, and 3s. 6d. net. There is a<br /> special edition, limited to 250 copies, with all<br /> the illustrations coloured by hand, at 12s. net.<br /> <br /> In his “ Fanny Burney” (Messrs. Macmillan’s<br /> “ English Men of Letters ” series), Mr. Dobson has<br /> given us a study of the surroundings in which<br /> that famous novelist was brought up ; there is a<br /> detailed account of Evelina and Cecilia; and a<br /> condensed account of George III.’s Court as Miss<br /> Burney saw it, including a touching picture of the<br /> king’s madness.<br /> <br /> Owing to the success of Mr. Powis Bale’s work,<br /> “A Handbook for Steam Users,” Messrs. Crosby<br /> Lockwood &amp; Son will publish immediately a com-<br /> panion volume entitled “Gas and Oil Engine<br /> Management.”<br /> <br /> Mr. A. B. C. Merriman Labor, of the Colonial<br /> Secretary’s Office, is issuing this month the second<br /> edition of his handbook on Sierra Leone for 1904<br /> and 1905. It is a treasury of information relating<br /> to the Colonial and municipal governments, trade,<br /> religion, education, army and navy, and every con-<br /> ceivable matter of interest connected with the<br /> Colony and its Protectorate. Its price is 3s. net,<br /> <br /> THE AUTHOR.<br /> <br /> and the publisher is Mr. John Heywood, of Man-<br /> chester.<br /> <br /> The American Register, published weekly in<br /> Paris and London (13, Rue Tronchet, and 20, Hay-<br /> market, W.), has decided to include each week a<br /> Supplement of Sports, without extra charge. Its<br /> <br /> rice is 1d.<br /> <br /> Mr. Haldane Macfall spent some three years<br /> over his novel, “The Masterfolk,”” published a<br /> short while ago by Mr. Heinemann. Curiously<br /> enough both Mr. Wells and Mr. Bernard Shaw<br /> touch close on the heels of the idea embodied in<br /> “The Masterfolk.” It is in the (psychic) air, no<br /> doubt. Oddly enough, Mr. Macfall’s first title, “ A<br /> Strenuous Life,” was filched, all unwitting, by the<br /> President of the United States; and the second<br /> one, “ Youth,” was taken in all ignorance by Mr.<br /> Conrad.<br /> <br /> The main scheme of the book is that of a youth<br /> and maiden of to-day awaking into the modern<br /> idea and the modern thought: old ideas lie crumb-<br /> ling, new ideals are all untried, and the two move<br /> forward with all the splendid insolence of youth to<br /> try them. To quote his own words :—<br /> <br /> “T look upon the novel as the great literary means of<br /> artistic expression to-day ; not as a mere tale, or a cold,<br /> polished marble unity, but as a splendid artistic instrument<br /> in which the prose of each chapter should leap to the mood<br /> of the idea expressed, moving in slow cadence of prose to<br /> the solemn mood, and skipping light-footedly to the jigging,<br /> lyrical emotions. . . . Well, in some hundred movements,<br /> or chapters if you will, I have tried to give emotionally<br /> the lives of this pair of humans, with the secondary<br /> harmonies of others, moving to the goal in which they<br /> would find the meaning of life.”<br /> <br /> Mr. Macfall is now at work on a comedy “ of<br /> the rollicking high-comedy complexion.”<br /> <br /> “‘My Lady’s Favour” is the title of a (one-act)<br /> Little Comedy in black and white, by Mary C.<br /> Rowsell and E Gilbert Howell. It is published by<br /> Samuel French, Limited, 26, Southampton Street,<br /> Strand. Miss Rowsell has also published two<br /> musical fairy-extravaganzas for private perform-<br /> ance, and “ Richard’s Play.” This last was written<br /> with Mr. Joseph J. Dilley.<br /> <br /> Mr. George Alexander will return to the St.<br /> James’s Theatre on January 28th, and will start<br /> with “ Old Heidelberg.”<br /> <br /> It stands at present that Mr. Tree will produce<br /> the Japanese play, “The Darling of the Gods,”<br /> on the 28th inst. Miss Lena Ashwell will take<br /> the part of Yo-San.<br /> <br /> Mr. Arthur Bourchier will produce Mr. J. L.<br /> Toole’s version of “‘The Cricket on the Hearth,”<br /> at the Garrick for a Christmas run. The music is<br /> by Mr. Edward Rickett.<br /> <br /> Mr. Seymour Hicks’ new musical play “The<br /> Cherry Girl” is to be produced at the Vaudeville<br /> on or about the 10th inst.; and Messrs. Seymour<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR. 67<br /> <br /> icks and Ivan Caryll’s new musical play “The<br /> Ouy Gil” is to be plied at the Adelphi on<br /> 7th inst.<br /> ae date Mr. E. 8. Willard will revive<br /> “The Professor’s Love Story” at the St. James’s<br /> re.<br /> Tye Sideraand that Captain Basil Hood’s new<br /> comedy, “ Love in a Cottage,” will be produced at<br /> Terry’s Theatre early in 1904.<br /> <br /> When Miss Lena Ashwell was the guest of the<br /> New Vagabonds’ Club last month, Mr. A. E. W.<br /> Mason presided ; and amongst those present were<br /> Mr. and Mrs. Anthony Hope, Mrs. Arthur Stannard,<br /> Mrs. Heron-Maxwell, and Lady Colin Campbell.<br /> <br /> Mr. Haddon Chambers is in New York super-<br /> intending the rehearsal of his new play “The By-<br /> Path,” which is to be produced by Miss Annie<br /> Russell.<br /> <br /> —_—_ +o o-_<br /> <br /> PARIS NOTES.<br /> <br /> +--+<br /> <br /> HE literary season has begun in good earnest,<br /> and it is very evident that French authors<br /> have not all been holiday-making, as every<br /> <br /> week brings us a long list of new books, and the<br /> announcement of many new plays. Among the<br /> most interesting of the novels which have appeared<br /> during the last month is “Guilleri Guilloré,” by<br /> M. Charles Foley. The author has succeeded, as<br /> usual, in getting the atmosphere of the times<br /> about which he writes into his book. It is a novel<br /> which, though not precisely historical, treats of<br /> historical personages. The scene is laid in La<br /> Vendée, that heroic province of France, the history<br /> of which M. Foley has studied so thoroughly that<br /> he is now considered one of the greatest authorities<br /> on the subject.<br /> <br /> The plot of this new novel is based on an episode<br /> connected with the last of the Legitimist con-<br /> spiracies of 1832. ‘The famous Duchess of Berry<br /> has returned from exile and landed on the French<br /> coast, hoping to excite a movemeni i favour of<br /> her son. She finds friends in ua Vendée who are<br /> willing to risk their fortunes and even their lives<br /> in the cause of the young prince. The exploits of<br /> the courageous and fascinating young duchess,<br /> her wanderings in disguise, and her hairbreadth<br /> escapes are graphically described by M. Foley.<br /> Guilloré is a young aristocrat who, thanks to his<br /> fallen fortunes, political opinions, and the troubled<br /> times in which he lives, is separated from his<br /> fiancée. He, too, in his wanderings through La<br /> Vendée, takes his life in his hands, for, although he<br /> is not in the conspiracy, he runs the same risk ag<br /> the duchess, whom he meets disguised as a young<br /> man. He recognises her, but is too chivalrous to<br /> <br /> let her know this until he has escorted her in<br /> safety to her destination.<br /> <br /> The whole story of the political intrigue and<br /> the treachery of the man who betrays her is<br /> woven into M. Foley’s novel.<br /> <br /> From the first page to the last the book is<br /> captivating, with its melancholy Vendean atmo-<br /> sphere and its well-defined types of aristocrat,<br /> bourgeois and peasant. Most dramatic, too, are<br /> many of the incidents, and intensely so the scene<br /> in the street, when the duchess has been captured<br /> and is being led on foot through a dense crowd of<br /> spectators. Guilloré and his fiancée are there, too,<br /> watching with deep pity and dreading lest any<br /> word of insult should be uttered by the people.<br /> When the duchess reaches him, Guilloré, alone in<br /> all that vast assembly, takes off his hat and stands<br /> bareheaded as she passes by. The effect of his<br /> action is instantaneous, and all the men with one<br /> accord “in dead silence follow his example, moved<br /> with a feeling of respect and pity for the vanquished<br /> heroine.”’<br /> <br /> “T’Hau souterraine,” by MM. Paul and Victor<br /> Margueritte, can scarcely be called a novel. It is<br /> a most charming psychological study woven into<br /> a romance. Aicha is the daughter of an Arab<br /> chief who has been compelled to submit to French<br /> rule. On seeing that further rebellion is in vain,<br /> he not only bows to the inevitable but he deter-<br /> mines to make the best of it. He is soon on<br /> friendly terms with his conquerors, who find him<br /> most useful in his native country, so that as time<br /> goes on he is able to take a high official post under<br /> the new dispensation.<br /> <br /> In order to flatter the French he educates his<br /> little girl in the European way, with the result<br /> that she marries one of the French officers. The<br /> great interest of the book lies in the conflict waged<br /> in the Arab soul between the great force of<br /> atavism and the new interests which come into the<br /> girl’s life. With her native intelligence and tact<br /> she is able to take her position as an officer’s wife<br /> in French society, and, through her deep affection<br /> for her husband, she becomes as it were a French-<br /> woman at heart. But when through a terrible<br /> catastrophe she is suddenly left a widow, the bond is<br /> snapped which has held her to her adopted country,<br /> and she returns to her native land to finish her<br /> days as an Arab woman. It is the dme invisible<br /> which is the “Eau souterraine,” as the author<br /> explains most poetically at the close of the book.<br /> <br /> “Une source vive jaillit de la terre... Elle<br /> orne la montagne et vivifiela plaine . . . Soudain,<br /> source, ruisseau, riviére, l’eau qu’on voyait a dis-<br /> paru . . . Mais tout &amp; coup, a quelques kilometres<br /> ou &amp; quelques lieues, l’eau qu’on croyait perdue,<br /> de nouveau surgit Ame invisible, eau<br /> souterraine.”<br /> 68<br /> <br /> “T’Enfant 2 la Balustrade,” by M. René Boy-<br /> lesve, is another delightful story without any<br /> strong plot. It treats of provincial life and is<br /> supposed to be told by a boy. We can only say<br /> that, considering his age, the boy was marvellously<br /> observant and philosophical. It is the history of<br /> a certain M. Nadaud, a notary, in one of those<br /> country towns where everyone attends to his neigh-<br /> bour’s affairs. M. Nadaud is unfortunate enough<br /> to offend the great man of the town by purchasing<br /> a house which the said great man had intended to<br /> buy. This apparently simple incident is the great<br /> theme of the book. The notary has to endure all<br /> kinds of tribulations and humiliations, and we are<br /> introduced to nearly all the inhabitants of the<br /> town, for the silent quarrel between the wealthy<br /> man who keeps open house, and Monsieur Nadaud<br /> is a great and momentous event in which every<br /> person for miles round is concerned. _<br /> <br /> M. Boylesve excels in these provincial sketches,<br /> and succeeds admirably in taking his reader away<br /> from the rush and turmoil of city life to little, out-<br /> of-the-world places, where the inhabitants are<br /> entirely taken up with their own small interests<br /> and rarely give a thought to what is happening<br /> beyond the boundary of their own town.<br /> <br /> Madame Gautier has published the new volume<br /> of her Memoirs as the “ Second Rang du Collier.”<br /> This second volume is, perhaps, even more interest-<br /> ing than the first one. Another book of souvenirs<br /> which will be read with pleasure is “ La Cour et la<br /> Société du Second Empire,” the second series of<br /> which M. James de Chambrier has just published.<br /> There are in all about forty chapters, containing<br /> anecdotes and impressions, collected by the author,<br /> about the various literary men, artists and histori-<br /> cal personages of that epoch. There is a chapter<br /> on “ Thiers et Jules Simon,” another on “ Duruy<br /> et Napoléon III.,” some interesting notes about<br /> Gambetta Pasteur, Caro et l’Impératrice, the<br /> “Salons of Mme. Aubernon and Mme. Adamand,”<br /> various anecdotes in connection with the Embassies.<br /> Among the persons of interest who figure in this<br /> book are also Gounod, Sardou, Sarcey, Octave<br /> Fenillet, Mérimée, Augier, Rosa Bonheir, Sainte-<br /> Beuve, Renan, Lamartine, Coppée, Dumas, Georges<br /> Sand, Maupassant, Balzac, Rachel, Madame Patti,<br /> Alphonse Daudet, and many others.<br /> <br /> “Monsieur de Migurac, ou Le Marquis Philo-<br /> sophe,” by M. André Lichtenberger, is the story of<br /> the life and adventures of a “ gentilhomme péri-<br /> gourdin,” born in the year 1741, and is curious as<br /> a study of habits and customs.<br /> <br /> “Ernest Renan en Bretagne” is a new bio-<br /> graphy compiled by M. René d’Ys.<br /> <br /> M. Anatole France has also published, in pam-<br /> phlet form, an excellent résumé of the work of<br /> Ernest Renan. It is in reality the “Discours”<br /> <br /> THE AUTHOR.<br /> <br /> pronounced by M. France on the occasion of the<br /> inauguration of Renan’s statue at Tréguier, and<br /> gives an admirable idea of the great savant, both<br /> as a man and as a conscientious thinker and<br /> writer.<br /> <br /> “Forces Perdues ” is the title of the new volume<br /> by Pierre Baudin.<br /> <br /> “ Petites Confessions,” by M. Paul Acker, will<br /> appeal to amateurs of what is generally known as<br /> “literary gossip.” The volume consists of a series<br /> of articles entitled “ Visites” and “ Portraits<br /> Littéraires,” which have appeared in one of the<br /> Parisian dailies.<br /> <br /> Among the most interesting articles in the<br /> French Reviews are the following :—<br /> <br /> In the Revue des Deux Mondes—“ La Facheuse<br /> Equivoque,” a criticism by M. Brunetiére of “La<br /> Religion d’autorité et la Religion de I’ esprit.”<br /> <br /> The “ Correspondance inédite de Sainte-Beuve ”<br /> is also being continued in this review, and the<br /> serial story by Mrs. Humphry Ward, “ La Fille de<br /> Lady Rose.”<br /> <br /> Another serial translated from the English is<br /> “ Anticipations,” by H. G. Wells, in La Grande<br /> Revue.<br /> <br /> In this review there is an excellent article by<br /> M. C. Bouglé, ‘Contre le Darwinisme social ”<br /> (Les Conditions humaines de la lutte pour la vie).<br /> <br /> In La Renaissance Latine there ig an article<br /> by M. Loiseau on “La Russie et les réformes<br /> intérieures,”<br /> <br /> - In La Revue, M. d’Estournelles de Constant<br /> writes on “Le Mouvement pacifique,” and speaks<br /> in the highest terms of M. Roosevelt.<br /> <br /> There is also an article with some telling<br /> statistics, by M. Lefévre, entitled, “ Comment<br /> reconquerir la beauté, la force et la santé.”<br /> <br /> “Les Anglais dans le roman francais moderne”<br /> is the title of an article by M. Leblond in the same<br /> review.<br /> <br /> The Weekly Critical has opened an enquiry on<br /> “Le Roman contemporain,’ and publishes the<br /> letters of Madame Daudet, M. de Régnier, M.<br /> Boylesve, Rachilde, and M. Albert Cim on the<br /> subject.<br /> <br /> The great theatrical events of the month have<br /> been the production of the two plays, “L’Adver-<br /> saire,” by MM. Capus and E. Aréne, and “ Jeanne<br /> Vedekind,” by M. Philippi. In the latter piece<br /> Mme. Sarah Bernhardt plays the part of a mére<br /> tragique to perfection, proving once more that a<br /> true artiste can adapt herself to any réle.<br /> <br /> “L’Adversaire” is an immense success, both<br /> from a literary and dramatic point of view, and<br /> M. Guitry scores another triumph.<br /> <br /> M. Antoine has been playing “La Guerre au<br /> Village,” by M. Trarieux, which is more or less a<br /> political piece.<br /> <br /> <br /> <br /> <br /> en<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> M. Bour has been fortunate in securing the play<br /> by M. Jacques Richepin, “ Cadet Roussel,” as it<br /> seems likely to have a long run, and M. Richepin<br /> is also fortunate in having his piece interpreted by<br /> an artiste of M. Bour’s talent and ability.<br /> <br /> The result of the differences between M. Porel<br /> and Mme. Réjane will probably be to change the<br /> Vaudeville programme considerably, and it is<br /> rumoured that Mme. Réjane will take a theatre<br /> of her own.<br /> <br /> As regards the success of a play, judged by a<br /> long run, we have an example in M. Pierre<br /> Decourcelle’s “ Deux Gosses,” (“ Two Little Vaga-<br /> bonds.”)<br /> <br /> A short time ago the author feted the thousandth<br /> representation of this piece, and since then it has<br /> been given a hundred times more. Reckoning the<br /> representations in countries for which it has not<br /> been sold outright, the piece has been played more<br /> than ten thousand times.<br /> <br /> Mile. Héléne Réyé, who created the réle of<br /> Clandinet, and played it 750 consecutive nights,<br /> is taking the same part now that it has been put<br /> on again. She has since then created Gavroche,<br /> in “Les Misérables,” and is certainly inimitable<br /> as the Parisian street arab.<br /> <br /> There are several important plays now being<br /> rehearsed, among‘others “ Le Retour de J érusalem ”<br /> and “ L’ Absent.”<br /> <br /> Auys HaLLArD.<br /> <br /> —____——_+—&gt;—_-_<br /> <br /> “C.K. 8.” AND THE SOCIETY.<br /> <br /> —<br /> <br /> EMBERS of the Society will recollect that<br /> <br /> in the November number of Zhe Author<br /> <br /> a case was reported, in which Mr. John<br /> <br /> Long was the defendant, relating to a lost MS.,<br /> <br /> and a reply was made to some comments there-<br /> <br /> on printed in The Sphere by the writer signing<br /> himself “C. K. 8.”<br /> <br /> In the number of The Sphere for the 14th of<br /> November “CO. K. 8.” returned to the action of<br /> the Society in the case, in a statement of consider-<br /> able length, which occupied a column and a half,<br /> and contained over 1,100 words, comprising a<br /> number of inaccuracies and incorrect inferences<br /> both in fact and in law.<br /> <br /> Consequently, on November 20th the Secretary<br /> of the Society addressed to the Editor of a letter<br /> correcting some of the more material errors into<br /> which “C, K. 8.” had fallen.<br /> <br /> For brevity’s sake, minor matters, such as the<br /> statement that “C. K. S.,” who had no personal<br /> acquaintance with the publisher, happened to be<br /> in Court, whereas the case was heard in Chambers—<br /> <br /> THE AUTHOR.<br /> <br /> 69<br /> <br /> where only those engaged in the suit or friends of<br /> the parties could be present—were not noticed.<br /> <br /> The letter was in the following terms :—<br /> <br /> S1r,—It is needless for me to discuss the article over the<br /> signature of “ C, K. 8.” in the issue of The Sphere of Novem-<br /> ber 14th point by point, as the statement of the case already<br /> put forward in the November number of The Author answers<br /> sufficiently the major parts of the arguments, There are<br /> some points, however, which must be corrected.<br /> <br /> 1. On the question touching the value of the plaintiff&#039;s<br /> literary productions ; she received £50 and not £30 as<br /> stated in your paper for her MS. There was ample evidence<br /> besides of acceptances and payments and of the value of<br /> her work.<br /> <br /> 2. The MS. was handed in at Mr. Long’s office to a<br /> gentleman whom the author was told was Mr. Long, and<br /> accepted for consideration without conditions. The alleged<br /> condition which you have printed in full cannot affect the<br /> arrangement, as the letter containing it was sent to the<br /> author subsequently.<br /> <br /> 3. I regret to state that you are entirely misrepresenting<br /> the facts when you say that I have made an incorrect<br /> statement of the evidence. The facts were obtained from<br /> the learned counsel who acted on behalf of the Society, and<br /> if anything the statement does not put the matter suffi-<br /> ciently in our favour. It is true that the Manager of the<br /> London Parcel’s Delivery Company stated that he did not<br /> sign for every parcel received, his reason being that people<br /> did not necessarily demand a receipt, but he produced his<br /> day sheet on which the name and address of every parcel<br /> coming into the office is entered. The date and the name<br /> of the receiving office had already been furnished by the<br /> publisher himself, and on the day sheet of the office on the<br /> date mentioned no parcel addressed to the plaintiff was<br /> entered. It is the essence of the case that the evidence<br /> produced by Mr. Long entirely failed to satisfy the learned<br /> master that the parcel was despatched, indeed his own<br /> counsel admitted this.<br /> <br /> The object of the Society is not, as you suggest, to spend.<br /> its money on the petty persecution of publishers, but one<br /> of its objects is to have the legal relations between authors<br /> and editors or publishers definitely settled in as many<br /> points as possible.<br /> <br /> I remain,<br /> Yours faithfully,<br /> (Signed) G. HERBERT THRING.<br /> <br /> Readers will gather from the Secretary’s letter<br /> the nature of the main statements he thought<br /> it expedient to notice, while any members of<br /> the Society who wish to refer to the number of<br /> The Sphere containing them can do so at the<br /> Society’s office.<br /> <br /> The Editor of Zhe Sphere has not thought fit<br /> to publish this letter, as he had, on the 24th of<br /> November, undertaken, in writing, to do. The<br /> ground he alleges is that “it is too long for publi-<br /> cation,’’ to say nothing of being rather “truculent.”<br /> He has preferred to give a partial paraphrase of<br /> it so as to suit his own argument.<br /> <br /> Of the truculence of the letter readers can judge<br /> for themselves. As to its length, it contains 388<br /> words: is therefore a third of the length of the<br /> article to which it was a reply.<br /> <br /> In his final note, published in Zhe Sphere of<br /> the 28th of November—in which the Secretary’s<br /> letter was not published—“C. K. 8.” sets out his<br /> 70<br /> <br /> indictment against the Society in the following<br /> erms :—<br /> <br /> “T urge that the Society has no business what-<br /> ever to persecute publishers over the question of<br /> the return or non-return of MSS., and, further,<br /> that the Society itself has a rule which com-<br /> pletely stultifies its action to the effect that it<br /> does not hold itself responsible for the safe return<br /> of manuscripts sent to it.”<br /> <br /> We can one suppose that in “CO. K. 8.’s” dic-<br /> tionary “persecute” is defined as equivalent to<br /> “enforce legal responsibilities,’ while his reference<br /> to the rule of the Society seems to prove that he<br /> still fails to understand the legal position and the<br /> bearing of the facts on this position. To insert<br /> into a contract conditions made subsequently at<br /> the will of either party is neither legally nor<br /> morally justifiable. :<br /> <br /> “C. K.8.” further illustrates the confusion of<br /> his mind on legal matters by referring to the case<br /> of Aflalo ». Lawrence and Bullen, as an action<br /> that has the appearance of a “legal vendetta ”—<br /> to say the least, a fantastic description of a case<br /> in which three judges decided on one side against<br /> five on the other, and which owed its carriage<br /> through three Courts to the action, not of the<br /> Plaintiff, but of the Defendants.<br /> <br /> We are convinced that the majority of the mem-<br /> bers of the Society will not grudge the expenditure<br /> which has led to a final decision on a point of<br /> law so obscure and so important to every British<br /> Author.<br /> <br /> ————_ +<br /> <br /> THE CONTRACT OF BAILMENT.<br /> <br /> ——+-—&lt;—<br /> <br /> HE question of the responsibility of editors<br /> 8 and publishers for MSS. left or sent to their<br /> offices is one that is constantly recurring,<br /> <br /> An interesting case against Mr. John Long<br /> which bears on this subject has been published,<br /> but it may be of profit to consider the matter from<br /> @ more general point of view.<br /> <br /> We have before us a letter from one editor who<br /> distinctly states that he is not responsible—we do<br /> not know on what facts he bases his deductions—<br /> and another editor referring to the case above<br /> quoted made the following statement: “It is<br /> extraordinary that an author may plant MSS, un-<br /> invited upon an editor or a publisher, actually<br /> leaving them at his offive, and that the editor or<br /> publisher should be in any way responsible for<br /> their safe return,” and goes on to say, on the<br /> authority of some lawyer (name not mentioned),<br /> “that if the publisher had not invited the delivery<br /> of the MS. he does not believe he would be legally<br /> responsible for its safe return.”<br /> <br /> THE AUTHOR.<br /> <br /> This last statement is, of course, begging the<br /> question, the real point being whether the pub-<br /> lisher or editor invites MSS. from authors or not—<br /> either expressly or impliedly. What is the general<br /> rule ?<br /> <br /> Is it possible to maintain that a publisher or an<br /> editor with an advertised address does not set<br /> himself up as a mark at which authors should<br /> aim their MSS.; can it be maintained that an<br /> editor or a publisher is merely a gratuitous bailee,<br /> and that he does not receive and deal with MSS.<br /> for his own benefit, though put forward unsolicited ?<br /> Would not any editor be greatly hurt if he did not<br /> receive the opportunity of considering, with a view<br /> to publication, the MSS. of his best friend—some<br /> popular author—if the author put forward the<br /> reason that the editor shunned responsibility ?<br /> <br /> Let us reverse the argument. Is there any<br /> publisher who lives by publishing books that come<br /> to him as the result of his written orders only, or<br /> is there any editor who issues his magazine com-<br /> posed of nothing but ordered articles? In the<br /> case of the publisher the answer must be absolutely<br /> in the negative. In the case of the editor of a<br /> magazine or newspaper it may be that one, or<br /> perhaps two, out of many hundreds never print<br /> any but solicited articles. If, then, this is the case,<br /> if MSS. are sent in for the benefit of the publisher<br /> or editor as well as the author, then the publisher<br /> or editor must be more than a mere gratuitous<br /> bailee. The bailment must be considered for the<br /> benefit of both parties.<br /> <br /> Some editors and publishers try to rid them-<br /> selves of their responsibility, legal or moral, by a<br /> process of bluff, others by placing notices some-<br /> where in their papers—in some cases in fairly<br /> conspicuous positions, in others mixed up amongst<br /> the advertisements, where an author would hardly<br /> see them.<br /> <br /> The Society has taken counsel’s opinion with<br /> regard to this custom of inserting notices and the<br /> responsibilities of the editors under these notices.<br /> Counsel is of opinion that if the author knew of<br /> the notice the MS. would be considered to be sent<br /> up subject to the terms contained in that notice,<br /> but it would lie with the publisher or editor to<br /> prove that the author was cognisant of the terms.<br /> <br /> If the author was not cognisant of the notice,<br /> then the question would arise under the facts<br /> already put forward. Is a MS. sent in for the<br /> benefit of both parties or not ? Under the present<br /> custom the question is beyond doubt that the MS.,<br /> though unsolicited in express terms, is clearly sent<br /> in for the benefit of both parties. Under these<br /> circumstances the publisher or editor is more than<br /> a mere gratuitous bailee, and would be responsible<br /> <br /> accordingly.<br /> GQ. BT.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> WARNINGS TO THE PRODUCERS<br /> OF BOOKS.<br /> <br /> <br /> <br /> ERE are a few standing rules to be observed in an<br /> agreement. There are four methods of dealing<br /> with literary property :—<br /> <br /> I. Selling it Outright.<br /> <br /> This is sometimes satisfactory, if a proper price can be<br /> obtained. But the transaction should be managed by a<br /> competent agent, or with the advice of the Secretary of<br /> the Society.<br /> <br /> Il. A Profit-Sharing Agreement (a bad form of<br /> agreement).<br /> <br /> In this case the following rules should be attended to:<br /> <br /> Ci.) Not to sign any agreement in which the cost of pro-<br /> duction forms a part without the strictest investigation.<br /> <br /> (2.) Not to give the publisher the power of putting the<br /> profits into his own pocket by charging for advertisements<br /> in his own organs, or by charging exchange advertise-<br /> ments. Therefore keep control of the advertisements.<br /> <br /> 3.) Not to allow a special charge for ‘office expenses,”<br /> unless the same allowance is made to the author.<br /> <br /> (4.) Not to give up American, Colonial, or Continental<br /> rights.<br /> <br /> (5.) Not to give up serial or translation rights.<br /> <br /> (6.) Not to bind yourself for future work to any publisher.<br /> As well bind yourself for the future to any one solicitor or<br /> doctor !<br /> <br /> IiI. The Royalty System.<br /> <br /> This is perhaps, with certain limitations, the best form<br /> of agreement. It is above all things necessary to know<br /> what the proposed royalty means to both sides. It isnow<br /> possible for an author to ascertain approximately the<br /> truth. From time to time very important figures connected<br /> with royalties are published in Zhe Author.<br /> <br /> IY. A Commission Agreement.<br /> <br /> The main points are :—<br /> <br /> (1.) Be careful to obtain a fair cost of production.<br /> (2.) Keep control of the advertisements.<br /> <br /> (3.) Keep control of the sale price of the book.<br /> <br /> General.<br /> <br /> All other forms of agreement are combinations of the four<br /> above mentioned.<br /> <br /> Such combinations are generally disastrous to the author.<br /> <br /> Never sign any agreement without competent advice from<br /> the Secretary of the Society.<br /> <br /> Stamp all agreements with the Inland Revenue stamp.<br /> <br /> Avoid agreements by letter if possible.<br /> <br /> The main points which the Society has always demanded<br /> from the outset are :—<br /> <br /> (.) That both sides shall know what an agreement<br /> means.<br /> <br /> (2.) The inspection of those account books which belong<br /> tothe author. We are advised that this is a right, in the<br /> nature of a common law right, which cannot be denied or<br /> withheld.<br /> <br /> (3.) Always avoid a transfer of copyright.<br /> <br /> ——————_ +<br /> <br /> WARNINGS TO DRAMATIC AUTHORS.<br /> <br /> ee<br /> EVER sign an agreement without submitting it to the<br /> Secretary of the Society of Authors or some com-<br /> petent legal authority.<br /> 2. [t is well to be extremely careful in negotiating for<br /> the production of a play with anyone except an established<br /> manager.<br /> <br /> THER AUTHOR. 71<br /> <br /> 3. There are three forms of dramatic contract for plays<br /> in three or more acts :—<br /> <br /> (a.) Sale outright of the performing right. This<br /> is unsatisfactory. An author who enters into<br /> such a contract should stipulate in the contract<br /> for production of the piece by a certain date<br /> and for proper publication of his name on the<br /> play-bills.<br /> <br /> (b.) Sale of performing right or of a licence to<br /> perform on the basis of percentages on<br /> gross receipts. Percentages vary between 5<br /> and 15 per cent. An author should obtain a<br /> percentage on the sliding scale of gross receipts<br /> in preference to the American system. Should<br /> obtain a sum inadvance of percentages. A fixed<br /> date on or before which the play should be<br /> performed.<br /> <br /> (¢e.) Sale of performing right or of a licence to<br /> perform on the basis of royalties (i.c., fixed<br /> nightly fees). This method should be always<br /> avoided except in cases where the fees are<br /> likely to be small or difficult to collect. The<br /> other safeguards set out under heading (0.) apply<br /> also in this case.<br /> <br /> 4. Plays in one act are often sold outright, but it is<br /> better to obtain a small nightly fee if possible, and a sum<br /> paid in advance of such fees in any event. It is extremely<br /> important that the amateur rights of one-act plays should<br /> be reserved.<br /> <br /> 5. Authors should remember that performing rights can<br /> be limited, and are usually limited, by town, country, and<br /> time. This is most important.<br /> <br /> 6. Authors should not assign performing rights, but<br /> should grant a licence to perform. The legal distinction is<br /> of great importance.<br /> <br /> 7. Authors should remember that performing rights in a<br /> play are distinct from literary copyright. A manager<br /> holding the performing right or licence to perform cannot<br /> print the book of the words.<br /> <br /> 8. Never forget that United States rights may be exceed-<br /> ingly valuable. ‘&#039;hey should never be included in English<br /> agreements without the author obtaining a substantial<br /> consideration.<br /> <br /> 9. Agreements for collaboration should be carefully<br /> drawn and executed before collaboration is commenced.<br /> <br /> 10, An author should remember that production of a play<br /> is highly speculative: that he runs a very great risk of<br /> delay and a breakdown in the fulfilment of his contract.<br /> He should therefore guard himself all the more carefully in<br /> the beginning.<br /> <br /> 11. An author must remember that the dramatic market<br /> is exceedingly limited, and that for a novice the first object<br /> is to obtain adequate publication.<br /> <br /> As these warnings must necessarily be incomplete, on<br /> account of the wide range of the subject of dramatic con-<br /> tracts, those authors desirous of further information<br /> are referred to the Secretary of the Society.<br /> <br /> <br /> <br /> He<br /> <br /> WARNINGS TO MUSICAL COMPOSERS,<br /> —_1—~@—+ —.<br /> <br /> ITTLE can be added to the warnings given for the<br /> assistance of producers of books and dramatic<br /> authors. It must, however, be pointed out that, as<br /> <br /> a rule, the musical publisher demands from the musical<br /> composer a transfer of fuller rights and less liberal finan-<br /> cial terms than those obtained for literary and dramatic<br /> property. The musical composer has very often the two<br /> <br /> rights to deal with—performing right and copyright, He<br /> 72<br /> <br /> should be especially careful therefore when entering into<br /> an agreement, and should take into particular consideration<br /> <br /> the warnings stated above.<br /> <br /> ———— oo<br /> <br /> HOW TO USE THE SOCIETY.<br /> <br /> —<br /> <br /> i VERY member has a right to ask for and to receive<br /> K advice upon his agreements, his choice of a pub-<br /> lisher, or any dispute arising in the conduct of his<br /> business or the administration of his property. | The<br /> Secretary of the Society is a solicitor, but if there is any<br /> special reason the Secretary will refer the case to the<br /> Solicitors of the Society. Further, the Committee, if they<br /> deem it desirable, will obtain counsel&#039;s opinion. All this<br /> without any cost to the member.<br /> <br /> 2. Remember that questions connected with copyright<br /> and publishers’ agreements do not fall within the experi-<br /> ence of ordinary solicitors. Therefore, do not scruple to use<br /> <br /> the Society.<br /> <br /> 3. Send to the Office copies of past agreements and past<br /> accounts, with a copy of the baok represented. The<br /> Secretary will always be glad to have any agreements, new<br /> or old, for inspection and note. The information thus<br /> obtained may prove invaluable.<br /> <br /> 4. Before signing any agreement whatever, send<br /> the document to the Society for examination,<br /> <br /> 5. Remember always that in belonging to the Society<br /> you are fighting the battles of other writers, even if you<br /> are reaping no benefit to yourself, and that you are<br /> advancing the best interests of your calling in promoting<br /> the independence of the writer, the dramatist, the composer.<br /> <br /> 6. The Committee have now arranged for the reception<br /> of members’ agreements and their preservation in a fire-<br /> proof safe. The agreements will, of course, be regarded as<br /> confidential documents to be read only by the Secretary,<br /> who will keep the key of the safe. The Society now offers :<br /> —(1) To read and advise upon agreements and to give<br /> advice concerning publishers. (2) To stamp agreements<br /> in readiness for a possible action upon them. (3) To keep<br /> agreements. (4) To enforce payments due according to<br /> agreements. Fuller particulars of the Society&#039;s work<br /> can be obtained in the Prospectus.<br /> <br /> 7. No contract should be entered into with a literary<br /> agent without the advice of the Secretary of the Society.<br /> Members are strongly advised not to accept without careful<br /> consideration the contracts with publishers submitted to<br /> them by literary agents, and are recommended to submit<br /> them for interpretation and explanation to the Secretary<br /> of the Society.<br /> <br /> 8. Many agents neglect to stamp agreements. This<br /> must be done within fourteen days of first execution. The<br /> Secretary will undertake it on behalf of members. :<br /> <br /> 9. Some agents endeavour to prevent authors from<br /> referring matters to the Secretary of the Society ; so<br /> do some publishers. Members can make their own<br /> deductions and act accordingly.<br /> <br /> 10. The subscription to the Society is £1 41s. per<br /> annum., or £10 10s. for life membership.<br /> <br /> THE AUTHOR.<br /> <br /> THE READING BRANCH. .<br /> <br /> —_——<br /> <br /> EMBERS will greatly assist the Society in this<br /> VI branch of its work by informing young writers<br /> of its existence. Their MSS. can be read and<br /> treated as a composition is treated by a coach. The term<br /> MSS. includes not only works of fiction, but poetry<br /> and dramatic works, and when it is possible, under<br /> special arrangement, technical and scientific works. The<br /> Readers are writers of competence and experience. The<br /> fee is one guinea.<br /> <br /> a 0<br /> <br /> NOTICES.<br /> <br /> +<br /> <br /> HE Editor of The Author begs to remind members of<br /> <br /> the Society that, although the paper is sent to them<br /> <br /> free of charge, the cost of producing it would be a<br /> <br /> very heavy charge on the resources of the Society if a great<br /> <br /> many members did not forward to the Secretary the modest<br /> 5s. 6d. subscription for the year.<br /> <br /> Communications for Zhe Author should be addressed to<br /> the Offices of the Society, 39, Old Queen Street, Storey’s<br /> Gate, 8.W., and should reach the Editor not later than<br /> the 21st of each month. :<br /> <br /> All persons engaged in literary work of any kind,<br /> whether members of the Society or not, are invited to<br /> communicate to the Editor any points connected with their<br /> work which it would be advisable in the general interest to<br /> publish.<br /> <br /> ——_+——_—____—__<br /> <br /> Communications and letters are invited by the<br /> Editor on all subjects connected with literature, but on<br /> no other subjects whatever. Every effort will be made to<br /> return articles which cannot be accepted.<br /> <br /> ——&gt; + —<br /> <br /> The Secretary of the Society begs to give notice<br /> that all remittances are acknowledged by return of post,<br /> and he requests members who do not receive an<br /> answer to important communications within two days to<br /> write to him without delay. All remittances should be<br /> crossed Union Bank of London, Chancery Lane, or be sent<br /> by registered letter only.<br /> <br /> a<br /> <br /> THE LEGAL AND GENERAL LIFE<br /> ASSURANCE SOCIETY.<br /> <br /> ——<br /> <br /> N offer has been made of a special scheme of<br /> Endowment and Whole Life Assurance,<br /> admitting of a material reduction off the<br /> <br /> ordinary premiums to members of the Society.<br /> Full information can be obtained from J. P. Blake,<br /> Legal and General Insurance Society (City Branch),<br /> 158, Leadenhall Street, B.C.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> of<br /> <br /> “<br /> 4<br /> <br /> THE AUTHOR. 73<br /> <br /> AUTHORITIES.<br /> <br /> Se En ie seh a<br /> <br /> Tue case of Aflalo and Cook v. Lawrence and<br /> Bullen has now been finally decided. Judgment<br /> was given in the House of Lords on November<br /> 13th, and is fully reported in another part of The<br /> Author.<br /> <br /> We feel sure that members of the Society will<br /> be glad that a point of Copyright Law of genuine<br /> interest to all writers has been decided. The<br /> Committee took up the question when it first came<br /> before them—after full consideration and on the<br /> advice of Counsel—as a matter of principle, the<br /> amount of money involved being small. In the<br /> Court of First Instance the plaintiffs were successful.<br /> If the case had gone against the Society it is an<br /> open question whether the Committee would have<br /> considered it sufficiently important to carry to a<br /> higher Court, but in the circumstances there was<br /> no choice, as the defendants, against whom the<br /> judgment stood, took the matter to the Court of<br /> Appeal. Here, the plaintiffs, Messrs. Aflalo and<br /> Cook, again obtained a judgment in their favour<br /> by the opinions of two judges against one. Lord<br /> Justice Romer and Lord Justice Stirling decided<br /> against the appellants, Lord Justice Vaughan<br /> Williams dissenting. The appellants were not<br /> satisfied, and determined to take the verdict of the<br /> last appeal—the House of Lords. Again the Com-<br /> mittee had no choice: they were bound to go on<br /> with the case. In the House of Lords the judges<br /> were unanimously in favour of the appellants, and<br /> the Society therefore became responsible for the<br /> costs. Apart from this incident, which is of<br /> course unfortunate, the Committee see no reason<br /> to regret their action, which will, they feel confi-<br /> dent, receive the support of the members. The<br /> ease has resulted in the elucidation of an important<br /> and difficult point of copyright law : how difficult<br /> may be judged by the fact that the matter was decided<br /> by the smallest majority possible out of eight judges<br /> before whom the case was argued, that is by five<br /> against three. This alone proves the need there<br /> was for a definite deeision, and justifies the action<br /> of those who were of opinion that it was a proper<br /> case to fight in the first instance.<br /> <br /> It may be well to add that of the many cases<br /> which have received the support of the Committee<br /> this is the first in the Superior Courts in which<br /> judgment has been given adverse to the Society.<br /> <br /> We hope in a subsequent number of The Author<br /> to give in detail the alterations that it will be<br /> necessary for members of the Society to make,<br /> owing to the decision, in their methods of marketing<br /> <br /> their literary wares.<br /> <br /> Mempers of the Society will no doubt remember<br /> that some months ago the Committee made, through<br /> a letter signed by Mr. George Meredith, their<br /> President, and the Chairman, an appeal to the<br /> public for a sum sufficient to enable them to hand<br /> over a replica of the Besant Memorial about to be<br /> unveiled in the crypt of St. Paul’s, to the London,<br /> County Council, in order that it might, under their<br /> auspices, be erected in some suitable site on the<br /> Thames Embankment.<br /> <br /> The appeal thus made has produced substantial<br /> results, but a further sum of about £40 is required<br /> to enable the proposal adequately to be carried out.<br /> There are, it is believed, many members of the<br /> Society who would be glad to see such a public<br /> recognition of an important side of Sir Walter<br /> Besant’s active life, his love of London and efforts<br /> for its improvement.<br /> <br /> A Memorial in St. Paul’s can at best be seen but<br /> rarely and by comparatively few, and this considera-<br /> tion has had weight not only with the Committee,<br /> but also with the sculptor, Mr. Frampton, who is<br /> ready to provide the duplicate at what is practically<br /> cost price.<br /> <br /> Remittances should be made payable to The<br /> Secretary, the Society of Authors, 39, Old Queen<br /> Street, Storey’s Gate, S.W.<br /> <br /> A list of subscribers will be published in a<br /> subsequent issue.<br /> <br /> WE have before us a circular sent out by the<br /> Authors’ Association, of which the Central Offices<br /> are at Darlington, and Mr. Galloway Kyle is the<br /> Secretary, inviting authors or intending authors<br /> to become members.<br /> <br /> This is the association to which reference was<br /> made in our number for April (1903). Its title<br /> easily lends itself to confusion with our Society.<br /> We therefore think it well to warn our readers<br /> against any possible mistake. &#039;<br /> <br /> The fact that a well known publisher is a Vice-<br /> President of the Authors’ Association is perhaps<br /> sufficient evidence of the distinction of aims between<br /> the two bodies.<br /> <br /> WE are glad to see that the corporation of<br /> Portsmouth have acquired the birthplace of Charles<br /> Dickens with the intention of retaining it as a<br /> permanent museum of “ the relics, manuscripts, and<br /> writings of the great author.” This is an interest-<br /> ing fact, and speaks well for the increasing popu-<br /> larity of one whose reputation as a writer was stated<br /> by common report to be fading. Though we applaud<br /> <br /> <br /> <br /> <br /> 74.<br /> <br /> <br /> <br /> the action of the corporation in the case of Charles<br /> Dickens, we think the purchase of houses of<br /> celebrities in order to turn them into museums<br /> may in some cases lead to absurd results, and on the<br /> whole should be checked rather than encouraged.<br /> <br /> <br /> <br /> We have heard of many ingenious ways of<br /> advertising books in order to increase the sale: in<br /> fact not so many months ago there was considerable<br /> stir in the papers over a publisher&#039;s methods in<br /> dealing with a MS. that had come into his possession.<br /> We have heard of publishers advertising “The<br /> Third Edition,” when only twenty-seven copies<br /> have been sold, and we have heard of advertise-<br /> ments of enormous sales which the author found<br /> manifestly incorrect on receipt of the accounts, but<br /> none of the stories have touched the following,<br /> which we have taken the liberty of reprinting<br /> from the St. James’ Gazette :<br /> <br /> A Parisian author had fought for many years against<br /> poverty and ill-health, but nevertheless had produced<br /> several novels which were considered by those who had<br /> read them to be works of genius, but they had been total<br /> failures as saleable commodities. On his last work he had<br /> concentrated all his hopes of recognition and even of<br /> existence, but on publication the book showed every sign<br /> of going into the same limbo as its predecessors. The<br /> author, however, hit upon a unique way of advertising it.<br /> Acting upon the dictum that the best way to get a novel<br /> tread is to have it publicly described as unfit to read, he<br /> wrote from Marseilles a letter signed “An Indignant<br /> Republican” to the authorities in Paris violently censuring<br /> a certain work as dangerous to public morality and demand-<br /> ing the imprisonment of its author. When inquiries were<br /> made the writer and the author were found to be one and<br /> the same person, but the writer’s object was accomplished.<br /> <br /> A recent number of our valuable contemporary,<br /> Le Droit d@ Auteur, contains some interesting notes<br /> on the earliest examples of authors’ successful<br /> claims to pecuniary remuneration for their work.<br /> The first author who appears to have succeeded in<br /> getting paid for his rights was a Canon of Mans,<br /> who in 1452, having composed a “ Mystery of the<br /> Nativity, the Passion, and the Resurrection,” ceded<br /> it to the shrievalty of Paris for ten écus of gold, a<br /> little more than five guineas. In the sixteenth<br /> century French dramatic authors received three<br /> écus for each comedy. Herdy wrote seven hundred.<br /> Later Quinault received one-ninth of the money<br /> taken at the doors of the theatre, and thus set the<br /> first example of royalties.<br /> <br /> _ Oo<br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> W. E. H. LECKY.<br /> <br /> <br /> <br /> Y the death of Mr. Lecky, the Society of<br /> Authors has lost one of its most distin-<br /> guished members, and Great Britain a<br /> <br /> man of letters who was also a man of reading.<br /> He was for more than thirty years an interesting<br /> and considerable figure in cultivated London<br /> society. Though a shy man he loved company,<br /> and such society as is “quiet, wise and good.”<br /> So rudimentary and simple were his notions of<br /> enjoyment, that he was fond of dining-out. He<br /> loved the movement and the stir of life none the<br /> less, perhaps all the more, because he was personally<br /> ill-adapted for the race. His interest in his<br /> fellow-men was inexhaustible. He always wanted<br /> to know how the other half of the world lived.<br /> Although himself cast in an unfamiliar type, he had<br /> a very human heart and longed to be at one with his<br /> brother man. Hiscurious, unequal, but not wholly<br /> uninteresting book called ‘ The Map of Life,” bears<br /> witness to his desire to be treated, not as a mere<br /> spectator or critic, but as an actual combatant in<br /> the battle-fields of existence. Men of the world, as<br /> they call themselves, smiled good-humouredly and<br /> said, “ What on earth can Lecky know of life?”<br /> But ‘men of the world” are too apt to give them-<br /> selves airs in such matters. Life about town, or<br /> on the race-course, or in barracks, or in law courts,<br /> are but phases of the great Phantasmagoria, and<br /> Mr. Lecky with his anxious eyes, his brooding<br /> mind, his wide reading, his experience (gained both<br /> at home and abroad), and, above all, his sad sincerity<br /> and freedom from idol-worship, knew a great deal<br /> about life, though not enough, it may be, to draw<br /> maps.<br /> <br /> Few men will be more missed in their accustomed<br /> haunts than Mr. Lecky. He was one of those<br /> friendly men who are always liked. He was a<br /> sympathetic listener as well as an agreeable<br /> talker. He belonged to many clubs and coteries.<br /> He was welcome at all of them. You liked to see<br /> his “willowy” figure steal furtively into the<br /> room. To sit next him at dinner was always a<br /> mild, but real pleasure. Like all good and sensible<br /> men he was fond of the society of clever women,<br /> and preferred meeting them é¢e-a-téte to any other<br /> way. As an afternoon caller he had great merits.<br /> His information was varied and extensive, and he<br /> knew about many things besides history and books.<br /> He was an excellent judge of pictures, particularly<br /> Spanish and Dutch. He could handle china<br /> knowingly, and criticise furniture with severity.<br /> A deprecatory glance of his eye, an uneasy<br /> contortion of his sensitive frame, was more damning<br /> than an explosion of abuse from noisier connois-<br /> <br /> seurs.<br /> <br /> qo *<br /> ts]<br /> zg<br /> eae<br /> fon<br /> Ua<br /> ees<br /> wht<br /> 40<br /> li<br /> Stig<br /> Nil<br /> ei<br /> D3<br /> <br /> aie<br /> <br /> ~ be<br /> <br /> BL<br /> ;<br /> <br /> xt<br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> Of books he had a great knowledge, and for<br /> | them he had true feeling. In talking with most<br /> men you are often amazed to discover the books<br /> _ they have not read, but Mr. Lecky’s catholicity<br /> was hard to impugn. I am speaking of English<br /> 1% books.<br /> by I well remember the first appearance of his<br /> i, “Rise and Influence of Rationalism.” Eloquence<br /> | is a great quality in literature, and the book was<br /> »; aneloquent one. It was also eminently readable<br /> | throughout; and what is more, it breathed the<br /> | spirit of the hour. Young men, and maidens of a<br /> «| Speculative turn of mind, read it with eagerness,<br /> | and discussed it at the tea-table with animation,<br /> ~ whilst their elders looked on and listened with<br /> 4 mingled alarm for the future and pride in the<br /> 4 talents of their offspring. The main note of the<br /> book was the beneficence of scepticism, the good<br /> » done to the world by the men who first had the<br /> % courage to say “J don’t believe you.’ The atmo-<br /> ~ Sphere is different to-day, and our young people<br /> . have begun once again struggling to believe in<br /> something or another, if it be only in ghosts.<br /> <br /> __ Of Mr. Lecky’s “ History ” this is not the place to<br /> speak. It has throughout one rare characteristic,<br /> » | @genuine dispassionate love of truth.<br /> <br /> In the House of Commons, Lecky was a per-<br /> .| sonality. As a learned Irishman he shared with<br /> -{ another learned Irishman, Sir Richard Jebb, an<br /> <br /> ;- unassailable position. He was always listened to<br /> | with the utmost attention, and was in my humble<br /> judgment a really admirable speaker. His<br /> _ character, of course, stood high, whilst his amiability<br /> ‘ and love of his fellow creatures were daily mani-<br /> fested by his aspect and bearing.<br /> <br /> The caricaturist made free with his figure. He<br /> would survey these productions with a melancholy<br /> smile in which there was no bitterness. “I seem<br /> to lend myself to caricature,” he once said to me.<br /> In a sense he did—but only in a restricted sense.<br /> In the nobler elements of character and indivi-<br /> duality, Mr. Lecky showed himself both to his<br /> friends and to his readers as the true man he was.<br /> The Society of Authors may well mourn his loss.<br /> <br /> AUGUSTINE BIRRELL.<br /> <br /> ——__———+—_2-—_____—_<br /> <br /> PROFESSOR THEODOR MOMMSEN.<br /> <br /> +<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ; N the beginning of the year we were congratu-<br /> lating Professor Theodor Mommsen on having<br /> received the prize for literature granted by<br /> @ the Swedish Academy acting under the will of the<br /> ‘4 late Mr. Nobel. Now we have, with sorrow, to<br /> ©@ announce his death.<br /> : Professor Mommsen was born on the 30th of<br /> 4) November, 1817, and was, therefore, at the date<br /> <br /> <br /> <br /> 15<br /> <br /> of his death, nearly eighty-six. Although born a<br /> Dane he always considered himself a German. He<br /> was, without doubt, in the varied fields in which<br /> he studied, a living force. He carried light into<br /> many of the dark places of history, and was one of<br /> the greatest names in literature that Germany has<br /> ever produced. His education commenced in the<br /> gymnasium at Altona, and ended by his graduating<br /> at the University of Kiel. It is a curious fact that<br /> although the studies and works which made him<br /> famous were in such dry subjects as philology,<br /> history, and jurisprudence, yet he began his author-<br /> ship by publishing a book of poems, with his brother,<br /> in 1839. A few years after this date he obtained<br /> a grant from the Government and spent a great deal<br /> of his time in Italy and France. This, no doubt,<br /> was the turning point in his career. From that.<br /> moment he began his wonderful study of Roman<br /> history, and of the subjects connected with the<br /> Roman national life. His painstaking research<br /> was assisted by a wonderful memory, and both<br /> these by a brilliant insight and a fine judgment.<br /> There is no doubt that on his work as a Roman<br /> historian his reputation will stand in England,<br /> To the schoolboy and the undergraduate his history<br /> was always a bugbear. It is probable, therefore,<br /> they may consider his fame and brilliancy over-<br /> rated, but it is lucky for most geniuses that their<br /> reputation does not rest on the eternal criticism of<br /> generations of schoolboys and undergraduates.<br /> <br /> Although his history of Rome is undoubtedly a<br /> wonderful production on account of the grasp of<br /> the life of the period and the character of the<br /> nation, yet those who applaud his methods do not<br /> necessarily approve his deductions. Some of them<br /> were so startling that although they struck astonish-<br /> ment in the first instance, yet after consideration<br /> could not alwaysstand the light of maturer criticism.<br /> Special reference should be made to his description<br /> of Cicero, who, with all his faults, with all his<br /> weaknesses, and with all his cowardice, was no<br /> doubt, judging from the correspondence that<br /> remains to us, the most important man of letters<br /> of his time, and judging from other historical relics<br /> one of the greatest advocates. To him Professor<br /> Mommsen will grant no good qualities. He<br /> calls him “journalist in the worst sense of the<br /> word,” “dabbler,” “short-sighted egotist,” and<br /> “statesman without insight.” Asa set off against<br /> Cicero he lauds Cesar to the skies. Every historian<br /> must have his faults. No sound critic, however,<br /> could fail to recognise his power. For this reason,<br /> during the latter years of his life, although he<br /> lived in a simple manner at his home in Charlotten-<br /> burg, he has been looked upon by the younger<br /> generation of Germany as a model to look up to<br /> and admire, and has, received constant recognition<br /> of his brilliant accomplishments.<br /> <br /> <br /> THE AUTHOR.<br /> <br /> 76<br /> <br /> D<br /> ENGLISH AUTHORS AND THE UNITE<br /> <br /> STATES RIGHTS.<br /> <br /> —St<br /> <br /> P to the end of his historical survey of<br /> iti 5 on<br /> American conditions, cA CO, B. ea<br /> safe cround ; but hardly anyone converse<br /> 5<br /> <br /> : nos Wi inclined to<br /> with international ine He ee are, ad<br /> follow him further. That Hngls av bli<br /> : lass, losing place with the United States pu ~<br /> ha the points now : ee pear es<br /> <br /> : thing to remedy that ste<br /> ee ae ae lines we should oe<br /> a : » ici t it is no<br /> _ «A, OG, B.” says explicitly that<br /> oe for the British author to write oe<br /> stuff? All he has apparently to do is to “ wake<br /> up.”” In other words, he is, on the literary and<br /> artistic side, safe enough; it is only as what the<br /> Americans call a “drummer ” that he fails. Now<br /> I believe this attitude to be not only undignified<br /> but wholly wrong. Setting aside the great names<br /> in American letters, who were, i the most gel<br /> historians, essayists and poets, American author-<br /> ship is acalling of the past few years. a oe C. B.”<br /> oints out, it dates from the passing of the American<br /> a capsaht Act. It has only required a very short<br /> time for the American writer to capture and hold<br /> the attention of his fellow countrymen, and, in the<br /> nature of the case, his success has been won largely<br /> at the expense of the English author. Not of<br /> course, that the English author has suffered much<br /> pecuniarily by the passing of the American Copy-<br /> right Act; the cheques for literary work that<br /> travelled either way across the ocean in the old<br /> days were very few. Yet the broad fact remains<br /> that, where the American used to read English<br /> fiction, he now reads the work of men and women<br /> of his own nationality. The man who has been<br /> hurt by the new conditions ig certainly not<br /> the writer of the first rank—have we any such<br /> men now producing actively ?—not even the writer<br /> ofthe second rank; but, beyond doubt, the writer<br /> of the third and even lower classes. These men<br /> were worth reprinting in the United States when<br /> their eo ae nothing but paper and print ; they<br /> are not worth reprinting when they have to compete<br /> for popularity with work of equal and greater bent<br /> iat 1s written by Americans, deals with American<br /> as and is in harmony with the habit of mind of<br /> : ae and women who read it.<br /> : 18 convenient to divide authors into Classes<br /> ee arbitrary fashion that I have just ventured<br /> hi eee but it is rarely that any writer finds al]<br /> des ooks in the same class. He may ascend or<br /> pene | some of his books will be better than<br /> others. When I gay, I fear rather discourteous]<br /> third-class authors,” I mean the writers cha<br /> products die with each publishing season, and have<br /> <br /> ‘large one, and it comprises writers whose various<br /> <br /> <br /> <br /> i im to longer existence.<br /> in fact, no claim to long<br /> the American publisher does not want; and he<br /> <br /> t want them for the reason that he cannot 0<br /> coe? To talk of “waking up” in offering Bi<br /> <br /> sell them. UCT in one<br /> such manuscripts, or “ persisting and insisting ”<br /> <br /> with American publishers, is to be wholly wide of<br /> the mark, Occasionally a book of this class is<br /> placed in the United States market ; but there is<br /> nearly always some special reason for its appear-<br /> ing internationally. The American may buy it<br /> because he hopes for another and better work from<br /> the same pen ; he may have a contra-account with<br /> an English publisher which he is anxious to settle<br /> —in fine, he may have a hundred different reaSons<br /> for his acceptance. But, on its merits, he does not<br /> want the book. The author may “wake him up”<br /> by every mail; he may “ persist ’’ with cablegrams ;<br /> he may “insist” in season and out of season. The<br /> facts are not altered.<br /> <br /> T’o come now to the authors of the second class,<br /> who may, not unfairly, be said to represent the<br /> best of which we are now capable. Have such<br /> authors any substantial grievance? I hardly think<br /> so. The class of which I am now speaking is a<br /> <br /> degrees of popularity differ markedly from one<br /> another, But for any work that shows, I will not<br /> say genius, but even a definite talent, either in the<br /> direction of sustained interest of narration, real<br /> psychological insight, or careful character study,<br /> there is a distinct American demand. And if that<br /> demand is not supplied from this side of the<br /> Atlantic, the fault lies with the authors them-<br /> selves, Many men who are read here widely have<br /> but a small American following ; not infrequently<br /> the converse may be said to be nearer the truth.<br /> Yet, whatever may be the hold of any individual<br /> writer on the American public,<br /> books as I have now in mind are worth reprinting<br /> and copyrighting in the States, and it is, almost<br /> without exception, possible to make the necessary<br /> arrangements. In this connection, “names” are of<br /> smaller importance than is often supposed. United<br /> States publishers are more open minded than their<br /> English brethren ; many of them are attracted<br /> by the notion of a gamble in an unknown writer’s<br /> work. But the work, with all respect to “ A.C, B.,”<br /> must be good, the publisher must haye a run for<br /> his money. With the man who has an established<br /> following, the question is what terms he can make ;<br /> with the unknown writer who has his reputation<br /> still to gain, it is whether he can make an entry<br /> at all into another circle of readers.<br /> good work and efficient handling—I do not pretend<br /> to disregard what may be called the commercial<br /> <br /> traveller aspect of the question—the result should<br /> he satisfacto<br /> <br /> Of authors of the first class, it is hardly neces-<br /> <br /> Such books<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> nearly all such ~ i<br /> <br /> <br /> <br /> <br /> “ig sary to write. As “A.C, B.” says, “ Many kinds of<br /> ~4)§ literature appeal to the whole world.”<br /> “§ Granting the truth of the considerations I have<br /> “lg already set down, it follows that it is only books<br /> of the second class with which we have to concern<br /> ourselves. “‘ A.C, B.,” while impliedly admitting<br /> that an author may do wisely to make his English<br /> uf arrangements through an agent’s intermediary, is of<br /> @@ opinion that he will do better himself to attend to<br /> eid his over-sea negotiations. In this particular, I fear<br /> § experience is against him. Certainly, the course<br /> he proposes is not one that has recommended itself<br /> to those English authors who have the largest fol-<br /> lowing in theStates. In fact, one may say that it is<br /> jo@ not an infrequent experience with agents to have<br /> j proposals for the handling of work for America, while<br /> @ the author intends to control personally his English<br /> f business. Numerous as are the dangers and diffi-<br /> 3 culties attendant upon the sale of literary property<br /> of in this country, the possibilities of loss in inter-<br /> © national arrangements are far greater. I do not<br /> y wish to cast any reflection on the integrity of<br /> 4 American firms, although the agreements that are<br /> “18 offered from the other side are often and in many<br /> | respects not such as would commend themselves to<br /> any writer familiar with the practice of the best<br /> tf London houses. But the opportunity of error is,<br /> f in the nature of the case, much more frequent when<br /> _ two firms, instead of only one, have to be con-<br /> | sidered. There is the question of international<br /> copyright ; of the synchronising of dates of appear-<br /> ance, when, it may be, a book is serialised on one<br /> side of the water and not on the other; of the<br /> Canadian market, which is very often a bone of<br /> 9 contention between the English and the American<br /> ‘oq publisher. In short, it is only possible to sur-<br /> ‘a mount the difficulties inherent in the conditions<br /> Jo obtaining by unremitting care, coupled with a<br /> marked degree of expert knowledge. However<br /> cool the business head” of authors may be, there<br /> 78 are, it is safe to say, not many of them who have<br /> 4 the equipment necessary, if the task involved is to<br /> *d be grappled with successfully.<br /> A It is possible to deal with one agent here and<br /> another in the United States. But the course has<br /> little to recommend it. In the first place, neither<br /> ‘8 agent can feel the interest in his client’s affairs<br /> dé” which he would do were they entirely in his hands,<br /> _ And, in the second, the two sets of negotiations are<br /> 02 so closely interwoven, that in practice, 1b will not<br /> od be found possible entirely to separate them. For<br /> 9 example, the American agent may want instruc-<br /> ii tions or information, the purport of which will<br /> _ depend on what is being arranged with the English<br /> _ publisher ; the man who can solve the difficulty at<br /> once is the English agent, yet, were the course now<br /> under discussion to be followed, the matter would<br /> val have first of all to be referred to the author, who<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> 17<br /> <br /> on : his turn, have to consult his London<br /> ae : 18 Just conceivable that a man of some<br /> elicacy of feeling might hesitate before troubling<br /> —possibly to a considerable extent—his agent with<br /> work in which he had no pecuniary interest, But<br /> leaving that point on one side, it can easily be<br /> realised how many are the chances of confusion<br /> and loss, Further, the London agent who is in<br /> constant touch with one or more agents in New<br /> York can command a degree of attention for his.<br /> work as a whole which the individual author who<br /> only occasionally sends MSS. across the Atlantic<br /> cannot reasonably expect. The London agent<br /> represents, for the American agent, a combination<br /> of authors ; and, naturally, the affairs of a com-<br /> bination are of more consequence than those of<br /> any one person, unless, indeed, he be of consider-<br /> able eminence. And, I take it, we are not now<br /> concerned with the work of such men. Further,<br /> the London agent is by no means confined to dealing<br /> through an Americanagent ; with many American<br /> houses he is probably in close personal touch, as<br /> the result of his acquaintance with the members<br /> of the different firms. An American publisher<br /> when he is in London will certainly visit the chief<br /> London agents, while—again leaving the man of<br /> great reputation apart—it would hardly be worth<br /> his while to call upon a number of individual<br /> authors, whose work he nevertheless is probably<br /> quite ready to consider.<br /> As I understand his paper, “A.C. B.” is of opinion<br /> that agents do not, as a class, deal efficiently with<br /> the United States rights of books that are placed in<br /> their hands. Without specific instances—which I<br /> admit it would be difficult, and perhaps improper,<br /> to give—of the neglect he complains of, discussion<br /> of the point is difficult. But it may safely be said<br /> that no agent who understands his business ever<br /> loses sight of transatlantic possibilities. The notion:<br /> that he would be tempted by a peculiarly beneficial<br /> English contract to take no trouble to market 8<br /> book in America is, with all courtesy, absurd, For<br /> the better the contract that is possible here, the:<br /> better, broadly speaking, will the American ainnde<br /> ment be. The contention is interesting, ewer<br /> as it is the first time that I have heard _<br /> accused of indifference to the commercial - eo<br /> their activities ; but Tam convinced that it . _<br /> other value. To touch on a minor, point, a<br /> frequently impolitic to begin negotiations<br /> <br /> America before a contract is signed here ; with 4<br /> ar to the American publisher,<br /> <br /> me that is famili wublish<br /> the course advised may be followed 5 but, p =<br /> case of newer men, the best introduction to the<br /> <br /> American publisher is the statement that a well<br /> <br /> i ‘ the book.<br /> nglish firm has taken up ol -<br /> ee “most authors are alive to the inadvisa<br /> <br /> bility of allowing their English publishers to act<br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> 78<br /> <br /> agents. From every | point of<br /> not in the author’s interests.<br /> oks which are never copy-<br /> <br /> righted in the United States, oye FED ogee<br /> bat chance is to sell an edition in sheets. -<br /> eae can and often does sell sheets of such publica-<br /> <br /> eae and I have known cases Neate ae ae -<br /> <br /> a to allow the Lon<br /> <br /> he advantage of the author<br /> <br /> paulieher to do the work. The question of the<br /> <br /> division, as betwe<br /> <br /> en author and publisher, of profits,<br /> on such ‘transactions is very<br /> <br /> often a cause of hard<br /> feeling between the two,<br /> <br /> and it is emphatically<br /> one of the points where the advice of an expert 1s<br /> most valuable.<br /> <br /> as their American<br /> <br /> view, the practice 18<br /> But there are certain bo<br /> <br /> C. F. CAZENOVE.<br /> —_———__ + __<br /> <br /> THE INFLUENCE OF ENVIRONMENT ON<br /> MEN OF LETTERS.<br /> <br /> —-—&lt;+—<br /> <br /> “« O you observe any traces of ‘ Faust,,”<br /> asks Shelley of a friend, “in the poem<br /> I send you? Poets—the best of them—<br /> are a very chameleonic race ; they take the colour,<br /> not only of what they feed on, but of the very<br /> leaves under which they pass.”<br /> <br /> Shelley was thinking chiefly of the influence of<br /> an author’s favourite books on his own productions,<br /> but the remark is applicable to other descriptions<br /> of leaves than book leaves, to any kind of influence<br /> with which the poet, and in a less degree the prose-<br /> writer, if a susceptible person, is habitually in con-<br /> tact. From this point of view authors may be<br /> divided into two classes—to both of which they<br /> may belong at different periods of their lives—<br /> those who can and those who cannot choose their<br /> environment. When we can be sure that a writer<br /> belongs to the former class, the environment, as an<br /> index to his inclinations, in its turn reflects light<br /> upon the characteristics of his own mind while<br /> Sometimes it raises a problem. It is easy to see<br /> why Louis Stevenson should have preferred to liv<br /> in the South Sea Islands, and apart from the<br /> qualities of the books composed th h ey<br /> fact afford insight i i ae ere<br /> <br /> 8 an insight into his nature which could<br /> eos ee are Be if his works had been peanad<br /> ane. Dut Stevenson also shows that a b<br /> may be entirely indepe oo<br /> writing hig Tae and Se b<br /> ally Scotch fiction, * Weir of Hermi cpiees<br /> (as ’ ermiston,”’ amon<br /> . a ibe of Samoa. This, in the i<br /> é sensiti thle<br /> demonstrate that, while ‘the ee Fe tO<br /> ment cannot be denied, wit fmch ee<br /> Beach of Teles hess such tales as “The<br /> presence of an overmastering iinpula es<br /> quarter.“ Weir of Bien pulse from another<br /> » Judging from his<br /> <br /> <br /> <br /> ence, would seem to be of all his bookg<br /> the one which had taken the most complete<br /> possession of him, hence its superior merit,<br /> <br /> « And his own mind did like a tempest strong<br /> <br /> Come to him thus, and drive the weary wight along.”<br /> <br /> If we can easily follow Stevenson to the South<br /> Seas, there are other writers able, like him, to choose<br /> their own environment whose motives are for the<br /> present inscrutable, and consequently fail to afford<br /> light to their characters and writings. Why should<br /> Mr. Henry James, the most subtle analyst of com-<br /> plicated modern society, spend his life by preference<br /> in a little Cinque Port? When we know what<br /> secret bond attaches Mr. James to Rye, we shall<br /> know more of him than we do, and if he does not<br /> tell us himself, it will be a matter for his biographers<br /> to investigate.<br /> <br /> One of the strongest witnesses to the influence<br /> of environment is Shakespeare, when he deplores<br /> the evil influence of the profession of actor upon<br /> him, and complains that his nature is<br /> <br /> “ Subdued<br /> To what it works in, like the dyer’s hand.”<br /> <br /> (fe Observe this image,” comments Shelley, “how<br /> simple it is, and yet how animated with the most<br /> intense poetry and passion.”) There is great<br /> reason to think that Shakespeare renounced the<br /> profession of actor long before he ceased writing<br /> for the stage ; it is certain that as soon as he was<br /> able he acquired property at his native place, which<br /> he must have visited as frequently as his profes-<br /> sional engagements would allow. It is interesting<br /> to inquire how far an influence from this change is<br /> atl) in his Writings, and it may be traced<br /> with certainty. The precise date of the sonnet<br /> seas above ic doubtful, but it certainly did<br /> not long precede his acquisition of property at<br /> Stratford. Within a year or two of this oven we<br /> find him producing the most sylvan of his dramas,<br /> <br /> As You Like It,” more thoroughly pervaded with<br /> the spirit of country life than anything he had<br /> Nidan before, if we except the description of the<br /> <br /> orse in “‘ Venus and Adonis,” beginning<br /> “But lo, from forth a copse that neighbours by,”<br /> and of coursing a hare in the Same poem, beginning<br /> pote when thou hast on foot the purblind hare,”<br /> € latter, especially, ig ; :<br /> oe ) lly, a marvel of accurate<br /> a showing that Shakespeare must have<br /> 2b’ Many a coursing match. “Ve d<br /> Adonis,” being descri be hans a<br /> <br /> , us, Delng described by him ag “ the first hei<br /> of my invention,” was i oe<br /> 1 » Was probably written not ]<br /> after his departure from Stratford, when the tan<br /> <br /> Tess i : :<br /> p sion of country life would be strong with him<br /> <br /> evived by his acquisit 1<br /> <br /> quisition of a house there and<br /> <br /> hi : a<br /> &#039;8 occasional visits, they come out in full force<br /> <br /> correspond<br /> <br /> after he has it his princi ;<br /> whe pe it his principal residence there<br /> <br /> rs, culminating in the pastoral<br /> S<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> ~sescenes in “A Winter’s Tale” (1611), where<br /> ‘fp villagers and village pastimes are painted to the<br /> ‘life. Here seems a clear instance of the effect of<br /> ym@environment. It is an interesting question whether<br /> od the total neglect of the country by the artificial<br /> soe poets of a later day, such as Dryden and Pope, is<br /> eto be attributed to their metropolitan environ-<br /> ‘om ment or to the pervading atmosphere of the period.<br /> sd] Their opportunities for contemplating the face of<br /> ie¥ Nature were indeed few, but they showed no dis-<br /> ‘aoe position to profit by those which they had. How<br /> il different from Keats! who had scarcely been<br /> vec beyond Edmonton when he produced his first<br /> 0¢ poems, which nevertheless contain couplets so<br /> jaa instinct with the spirit of the country as this :<br /> <br /> ‘When a tale is beautifully staid,<br /> We feel the safety of a hawthorn glade.”<br /> <br /> Scott is a most signal instance of the power of<br /> va environment. It would hardly be fair to appeal to<br /> 4 Byron as another, for he travelled with the deliberate<br /> i intention of making poetical capital out of every-<br /> 4 thing that came in his way. He nevertheless forms<br /> sae one of a remarkable group of English poets who<br /> -ef have been deeply influenced by Italian environ-<br /> om ment. The list includes Landor, Shelley, Keats,<br /> ‘ae and both the Brownings. Of these Robert Brown-<br /> ui ing seems the most deeply influenced, doubtless<br /> sod because as a dramatist he touched Italian life at<br /> om more points than the rest. He is a magnificent<br /> 2a] instance of what improvement can be effected even<br /> ai in a great poet by transplantation, provided that<br /> ii the process is not continued so long as to pervert<br /> “{ the original bent of his genius. The greatest<br /> vil literary gift, however, that Italy ever made to<br /> 1@ England was not poetry, but Gibbon’s “ Decline<br /> vg and Fall,” conceived as, sitting by the Coliseum<br /> ‘6 on a moonlight night, he heard the barefooted<br /> ‘d friars sing vespers in the Temple of Jupiter. The<br /> af influence, however, though permanent in its effects,<br /> -@ was too transient in its application to be reckoned<br /> “8 among instances of environment ; but Gibbon has<br /> told us of amore prosaic inspiration which certainly<br /> 5 deserved the name, the benefit which the historian<br /> # who was ‘to write so fully on military matters<br /> 9% received from a spell of service in the militia.<br /> _ It sometimes happens that a great writer spends<br /> s a long life in an environment devoid of striking<br /> features, and which we nevertheless feel to have<br /> d been the best he could possibly have had. Such a<br /> 3 case was Goethe’s : he could not have been better<br /> &quot;4 suited than at Weimar, and yet Weimar can hardly<br /> 4 be thought to have supplied much aliment to the<br /> 4 genius of which he had given ample proofs 7<br /> 9 coming there. Its effect was to provide him her<br /> 4 the quiet, honourable, stable environment, wit -<br /> which his calm, polished genius could work free 2<br /> and happily, “ without haste and without rest, as<br /> <br /> <br /> <br /> 79<br /> <br /> he said himself. He might have found it diff l<br /> to observe this commendable maxim if his ci seg<br /> stances had been less easy, and his s her : tae<br /> more perturbed. : OU as<br /> On the whole we can but concl ib i<br /> possible to attribute both too oe little<br /> to environment, that it always exerts some influence<br /> but rarely makes the author an entirely different<br /> oon - . Baa have been under other<br /> te » an at this influence usually<br /> in proportion to the susceptibility of his<br /> perament. Men of the highest genius are<br /> consequently in one point of view the most liable<br /> to be affected by it, but from another the least, as<br /> the force of their minds enables them to triumph<br /> over circumstances which would crush feebler<br /> natures. Milton affords a memorable instance,<br /> composing his immortal poem under a total priva-<br /> tion of sight, and under the most adverse personal<br /> and domestic circumstances. Here the environment<br /> was absolutely hostile, but his past studies and his<br /> present meditations enabled him to create for him-<br /> self another far different one, within which his life<br /> was in reality spent. “ Paradise Lost” could not<br /> have been greater if his circumstances had been of<br /> the happiest, but this is mainly owing to the ideal<br /> and spiritual character of the poem. The vast<br /> majority of writers who deal with more sublunary<br /> matters will do well to adapt, as far as may be,<br /> their environment to themselves; and, when this<br /> is not practicable, themselves to their environment.<br /> Too much, however, must not be expected from<br /> even the most favourable external situation; if a<br /> man cannot do something where he is, he is not<br /> <br /> ‘kely to do much anywhere.<br /> &gt; ee : R. GARNETT.<br /> <br /> ——_—__- &gt; &gt;—_—_<br /> <br /> OF LETTERS.<br /> <br /> ++<br /> Christmas, and the big<br /> hop was packed with<br /> hurried customers, busily choosing their ate<br /> Christmas gifts. Cards were being Lege!<br /> ae ae ae a fe and<br /> -osged much attention ;<br /> tay Anite of all sorts sold i. eee<br /> : a MO tek whe had stolen in unobserved<br /> SF ck wie a hanging ealendar, half hidden<br /> and s<br /> <br /> oe ea It wasa child<br /> <br /> ots of chattering women. Oe<br /> <br /> . ae ag ee years old, clad in ee sent<br /> <br /> abire with a battered red oh oe i<br /> ae : ye-capped W ae,<br /> <br /> worn heavy boots, toe-e PE a number of little<br /> <br /> hair done in<br /> Ft ial, tied up with cotton. She stood<br /> . 2<br /> <br /> A PATRON<br /> <br /> T was two days before<br /> country stationers §<br /> <br /> <br /> <br /> <br /> 80<br /> <br /> till and quite alone, almost under the<br /> sane her eed was half a foot below it, _<br /> she could have seen nothing but the skirts tha<br /> rustled about her. After watching her for some<br /> minutes I asked her what she wanted.<br /> <br /> «4 hook,” she whispered, showing a halfpenny<br /> clutched tightly in her warm little dirty fist.<br /> <br /> ‘A book! She had come to buy a book—she<br /> alone out of the crowd! Her answer gave mea<br /> thrill of joyous optimism. She represented the<br /> new generation, the coming woman, and she<br /> wanted to buy a book. :<br /> <br /> In three minutes she was out of the shop again,<br /> <br /> blissfully hugging two cheap toy books, and, of<br /> course, perfectly unconscious that they had cost<br /> more than her own cheerfully given coin. I<br /> slipped out, too, and furtively followed her. At<br /> the first corner she stopped to examine her trea-<br /> sures, and in a few seconds was so absorbed in<br /> the contents of one that she wandered on without<br /> seeming to know where she went. The dirty<br /> street had doubtless become a paradise ; she was<br /> deaf and blind to everything but the wonderful<br /> world of pictures under her gloating eyes, and did<br /> not even notice that she had strayed from the<br /> pavement to the road. Still watching her as she<br /> dragged her heavily-shod feet by the gutter, I was<br /> suddenly roused to action by the approach of a big<br /> dray that came lumbering down upon the child,<br /> and there was only just time to drag her out of<br /> danger. She looked up at me with eyes full of<br /> dream, but spoke no word, though I walked beside<br /> = till she turned into a grimy alley to find her<br /> home.<br /> There I lost sight of her, but I shall not readily<br /> forget the tiny thing in the red cap and thick<br /> boots who brought her precious ha’penny to the<br /> bookshop instead of the sweetstuff stall. Ag a<br /> struggling writer of books in an age of free<br /> hbraries and cheap newspapers, I am not ungrate-<br /> ful to this small patron of letters for her practical<br /> encouragement, for the thrill of hope set vibrating<br /> when, 1n answer to my enquiry as to her wants she<br /> piped up, shyly but firmly : “A book.”<br /> <br /> Bless her!” With h ly<br /> to buy a book, er only copper she wanted<br /> MAL, P.<br /> <br /> oo eo<br /> SHOULD WELL-KNOWN WRITERS<br /> “FARM OUT” FICTION?<br /> N<br /> N a recent issue of The Author a correst<br /> I alluded Incidentally to the Tia event<br /> : well-known writers of fiction are said to have<br /> adopted of late years of « farming out,” as it ig<br /> called, a proportion of the work they are commis-<br /> sioned to do, and he appeared to take it for granted<br /> <br /> <br /> <br /> THB AUTHOR.<br /> <br /> that all readers of Ze Author and all members of 6 2<br /> the Authors’ Society must, as a matter of course, 921<br /> agree with him that the practice is reprehensible iid;<br /> <br /> in the extreme.<br /> <br /> Now it would be interesting to know the exact |9s:<br /> reason that leads this correspondent, and presum- ann<br /> ably a section of the writing community, to look fo.<br /> upon the practice of “ ghosting” for a well-known a<br /> <br /> : : Se ul<br /> writer, or of “ ghosting,” for that matter, for any ©<br /> <br /> writer able and willing to pay a competent proxy,<br /> <br /> asa contemptible and iniquitous practice. Ask any ¥<br /> <br /> popular writer of fiction, or writer of popular fiction<br /> <br /> <br /> <br /> <br /> <br /> —to be quite accurate—and he will tell you that a.<br /> <br /> every year the applications he receives for long §<br /> stories as well as for short stories increased, until f<br /> <br /> now it has come to this :—(1) He must decline to<br /> <br /> undertake to get through more than a comparatively &amp;<br /> small amount of work, and thus, in the language &amp;<br /> <br /> of the box-oflice, he must “turn good money<br /> away” ; (2) he must “scamp” a portion of the<br /> work he has agreed to do, and thus, in the long<br /> run, ruin his well-earned reputation for producing<br /> interesting stories ; (3) he must call in the aid of<br /> a proxy, in other words, “ farm out” the surplus.<br /> <br /> As the author of two stories that have appeared<br /> serially and in book form as the original work of a<br /> well-known writer, and as the writer also of a<br /> number of short stories that have appeared in<br /> magazines and elsewhere, and purport to be the<br /> original work of a certain well-known writer, I<br /> think that I may claim to speak with, at any rate,<br /> a small amount of authority on this rather interest-<br /> ing subject, and be allowed to draw attention to<br /> some of the advantages the system of “ farming<br /> fiction ” may be said to possess where the interests<br /> of the unknown writer—the ghost—the hack—the<br /> proxy—call him what you will—are at stake.<br /> <br /> i may say, to begin with, that the writers for<br /> whom I act as proxy know me sufficiently well to<br /> be aware that | am not likely ever to blackmail<br /> <br /> <br /> <br /> them, and in selecting a proxy this is of course an-<br /> <br /> extremely important consideration. They also<br /> <br /> know quite well that I am able to keep my own —<br /> counsel. Now, with regard to the advantages of —<br /> <br /> the system, it is in the matter of remuneration<br /> that the proxy, so to speak, “romps in” so far<br /> ahead of the individual who writes under his own<br /> name only. For the first long story I “ ghosted ”<br /> I received £2 15s. a thousand words all the way<br /> through, one-third of the total amount being paid<br /> to me before I had written a line ; one-third when<br /> <br /> I had completed about one-half of the story ; one- —<br /> <br /> third on the day I delivered the MS. complete.<br /> Now, supposing that I had written that story on<br /> the chance of its being accepted by some news-<br /> paper, some syndicate, or some publisher, what<br /> would have happened? In the first place I should<br /> <br /> have worked hard for four whole months without<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR,<br /> <br /> “ae receiving a single shilling, and all the time I<br /> <br /> <br /> <br /> | should have been worried by the thought that<br /> f perhaps I should, after all, be unable to “place”<br /> ‘ed the book, in which case those four months’ hard<br /> » work would of course have been so much time<br /> eu) absolutely wasted. At the end of the four months<br /> ite! T should have set to work to send the story either<br /> to a literary agent or to a publisher. The pub-<br /> i) lisher would have kept it for a month or six weeks<br /> at the very least, and then probably have returned<br /> / it to me with a polite but unsatisfactory note to<br /> «1 the effect that the book would not suit his house,<br /> but that it possessed merit and might be accepted<br /> «| by some other publisher. I should then have sent<br /> i it elsewhere, and when several months at least had<br /> elapsed I should—if fortune had favoured me—<br /> | have succeeded in “ placing” it. But how much<br /> ‘4 should I then have received for it? A guinea a<br /> (| thousand words, perhaps. Very likely not so<br /> “§ much. And when would the cheque have been<br /> { paid to me? Then and there, possibly. Much<br /> more likely many months later. Should I have<br /> “4 received any kudos 2? None to speak of—certainly<br /> =) not enough to compensate me for so serious a pecu-<br /> | niary loss. Personally, therefore, I look upon the<br /> well-known writer who “ farms out” his work as a<br /> sort of Heaven-sent being, and not, as some appear<br /> to consider him, a species of impostor. He satis-<br /> | fies himself; he satisfies the proxy he employs ;<br /> | he satisfies his publisher; and he satisfies the<br /> | public—for by this time the public has come to<br /> know quite well that stories and books alleged to<br /> be the work of Blank are certain to be readable.<br /> | Whether Blank himself actually writes the books,<br /> ) or whether he employs someone to write them for<br /> ‘{ him, is really of no great consequence so far as the<br /> 4 general reader is concerned. ‘The general reader<br /> looks upon Blank’s name as a sort of trade mark<br /> —nothing more. The same kind of thing goes on<br /> ‘f in trades and professions, and nobody thinks of<br /> &#039; grumbling. Not very many years ago, to give a<br /> #4 single instance, the business of one of the best<br /> vl known West End gunmakers was acquired by the<br /> 4 son of an equally famous coach-builder. The<br /> coach-builder adopted the name of the gunmaker<br /> for business purposes, and to this day probably<br /> two-thirds of this gunmaker’s customers are under<br /> _97 the impression that Blank’s guns are built by the<br /> son of the eminent gunmaker who actually worked<br /> up the business and established its world-renowned<br /> reputation. :<br /> <br /> The same remarks apply to the proxy writer of<br /> &#039; short stories. I am commissioned by ‘ that<br /> | popular and clever writer, Blank So-and-So,” to<br /> | write a magazine story of, say, 3,000 words, .<br /> / appear under his or her signature. Blank tells<br /> me the sort of story that is wanted—the sort that<br /> he or she knows I happen to be capable of pro-<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 81<br /> <br /> ducing—and we arrange terms. Blank agrees to<br /> pay me at the rate of, say, three guineas, or perhaps<br /> four guineas, a thousand words. I allow myself<br /> perhaps a whole week, even ten days, in which to<br /> map out, write and re-write this commissioned<br /> story. I know that I shall be paid for it on the<br /> day it is delivered, so I now have no need to<br /> worry, or to wonder whether the story will ever be<br /> published, and if so, when; and how long I shall be<br /> kept waiting for my cheque. Now, had this story<br /> been written on the chance of its being accepted on<br /> its merits, I should in all probability have been<br /> obliged to send it round to five or six magazines,<br /> one after another, and perhaps at the end of a year<br /> it would still be travelling about and trying to<br /> place itself. Even if it had been accepted at once<br /> I should not have been paid more than fourteen or<br /> fifteen guineas for it. Very likely I should have<br /> been compelled to accept ten, or even less, and the<br /> cheque might still be owing, ‘the rules of this<br /> office being not to pay until the contribution has<br /> appeared.”<br /> <br /> Therefore J maintain that for the free lance not<br /> overburdened with wealth this ‘‘ ghosting” work<br /> is by far the more profitable, by far the more<br /> satisfactory in more ways than one provided, he<br /> can get the right man to commission the stories,<br /> and provided also that he is capable of turning out<br /> the sort of stuff required—I employ the word<br /> “stuff” in no derogatory sense—possibly provided<br /> also that the sight of his own production appearing<br /> under another writer’s signature will not cause him<br /> either mortification or annoyance.<br /> <br /> The life of the free lance addicted to “ ghost-<br /> ing” is, | may add, by no means devoid of humour.<br /> He is able to obtain upon all sides candid opinions<br /> of his own work, opinions which often enable him<br /> to realise his shortcomings and rectify his faults.<br /> On one occasion, I remember, one of the books<br /> I had “proxied” was sent to me for review,<br /> accompanied by a note from the editor of the news-<br /> paper—the editor is now dead—to the effect that<br /> I might as well, for. reasons which he ae<br /> “pepper this story of Blank’s a bit. I did the<br /> best 1 could to “pepper” my own work, but i<br /> admit that the task rather stuck in my throat.<br /> When I told Blank, afterwards, what I had been<br /> doing, he was immensely tickled. He said ib<br /> reminded him of “poor Gilbert’s inimitable<br /> <br /> a8<br /> humour. Panry.<br /> <br /> ———_—__1———__o___—<br /> <br /> «A Baronet in Corduroy” is ce Hee ot<br /> <br /> of riod recently pub-<br /> <br /> romance of the Queen Anne period recen)<br /> <br /> lished (Grant Richards) by Mr. Albert Lee, author<br /> of “The Frown of Majesty.”<br /> <br /> <br /> 82<br /> <br /> INTERNATIONAL COPYRIGHT.<br /> <br /> —+-—&gt;—<br /> <br /> The following cutting came to us from the<br /> correspondence column of a well-known ladies’<br /> newspaper :—<br /> <br /> Nixa.—According to the law of International Copy-<br /> right, no book can be translated into any other language<br /> without the author’s permission until ten years after the<br /> date of publication. After that lapse of time, anyone may<br /> translate the book; but within the period the author&#039;s<br /> permission is usually obtained without much difficulty by<br /> applying to him—or her—through the publisher of the<br /> book, if the author’s private address is unknown.<br /> <br /> It shows how dangerous a little knowledge<br /> may be.<br /> <br /> From the first sentence it would appear that<br /> International Copyright was universal, and that to<br /> translate a book appearing in any country on any<br /> subject within the period of ten years would be<br /> illegal without the author’s sanction. This of<br /> course is not the case. The Berne Convention<br /> of 1886 and the Additional Act of Paris, 1896,<br /> have not been signed by all the European countries,<br /> and the United States has always stood outside.<br /> <br /> On a former occasion the names of those coun-<br /> tries who were signatories have been printed in<br /> these columns. While the statements contained<br /> in the paragraph are abroad it would appear<br /> advisable to print the list again.<br /> <br /> Germany, Belgium, Spain, France, Haiti, Italy,<br /> Switzerland, Tunis, Monaco, Luxembourg, and<br /> Japan have signed both the Berne Convention<br /> and the Additional Act of Paris. Norway is a<br /> signatory to the Berne Convention, and Denmark<br /> signed both in July of this year. In addition, Great<br /> Britain has a separate Convention with Austria-<br /> Hungary. The Imperial Government signed the<br /> Berne Convention on behalf of Great Britain and<br /> all its Colonies, and the Additional Act of Paris<br /> on behalf of Great Britain and the majority of its<br /> Colonies.<br /> <br /> In the countries enumerated —and in those<br /> countries only—is it possible to retain translation<br /> rights.<br /> <br /> The paragraph quoted above goes on to say that<br /> after the lapse of ten years anyone may translate<br /> the book. ‘This was to a certain extent true under<br /> the Berne Convention, but is entirely wrong under<br /> the Additional Act of Paris. The Clause referring<br /> to this runs as follows :—<br /> <br /> “ Authors belonging to any one of the countries of the<br /> Union, or their lawful representatives, shall enjoy in the<br /> other countries the exclusive right of making or authorising<br /> the translation of their works during the entire period of<br /> their right over the original work. Nevertheless, the<br /> exclusive right of translation shall cease to exist if the<br /> author shall not have availed himself of it, during the<br /> period of ten years from the date of the first publication<br /> of the original work, by publishing, or causing to be pub-<br /> <br /> ished in one of the countries of the Union, a translation in<br /> he language for which protection is to be claimed.”<br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> Accordingly, in those countries, if publication .<br /> <br /> is made within ten years, the author has copyright<br /> during the entire period of his right over the<br /> original work.<br /> <br /> It must be clearly stated, however, that none of<br /> these extensions of property covered by the Berne<br /> Convention refer to the United States. A law<br /> based on an entirely different principle carries<br /> copyright in that country.<br /> <br /> It is a mistake, therefore, to talk in this loose od<br /> It may lead [ime<br /> <br /> way of International Copyright.<br /> writers into difficulties.<br /> <br /> MAGAZINE CONTENTS.<br /> <br /> —-—&lt;—+—<br /> <br /> BLACKWOOD’S MAGAZINE.<br /> <br /> A Sketch of the Life and Adventures of the Duke De<br /> Ripperda, the Eighteenth Century Dutchman and Rene-<br /> gade. By Walter B. Harris.<br /> <br /> The Avatar of Bishwas Dass.<br /> the pen of Mr. T. Hart Davies.<br /> <br /> Voltaire. ‘<br /> <br /> Oxford Revisited.<br /> <br /> Sir William Wilcocks’ Scheme for the Irrigation of<br /> Mesopotamia by means of the River Tigris.<br /> <br /> Leopardi’s “ Village Saturday Eve.” Translated by Sir<br /> Theodore Martin.<br /> <br /> Babes of the Highway. By Oliver Locker Lampson.<br /> <br /> Outside Pets.<br /> <br /> Scolopaxiana.<br /> <br /> Musings Without Method.<br /> <br /> Sally: A Study. By Mr. Hugh Clifford,<br /> <br /> An amusing story from<br /> <br /> THE CORNHILL MAGAZINE,<br /> <br /> The Fond Adventure. Part I]. By Maurice Hewlett.<br /> <br /> Colonial Memories: Old New Zealand, I., By Lady<br /> Broome. :<br /> <br /> Whistler the Purist. By Mortimer Menpes.<br /> <br /> Mr. Whibley’s “ Thackeray.” By Andrew Lang.<br /> <br /> Lines Written in Depression. By A. D. Godley.<br /> <br /> Samuel Rawson Gardiner. By the Rev. W. H. Hutton,<br /> B.D.<br /> <br /> Though the Windows be Darkened. By John Oxenham.<br /> <br /> The Grouse and the Gun-room. By Alexander Innes<br /> Shand.<br /> <br /> Ferments and Fermentations.<br /> F.R.S.<br /> <br /> “In Loco Parentis.”<br /> <br /> By W. A. Shenstone,<br /> By Powell Millington.<br /> <br /> LONGMAN’S MAGAZINE.<br /> <br /> Nature’s Comedian (Chapters xi., xii). By W. E. Norris.<br /> <br /> A Turkish Redif. By Frances MacNab.<br /> <br /> The Suspicions of Turkentine. By Chas.<br /> Marsh.<br /> <br /> Parliament in the Making. By William Auld.<br /> <br /> An Unrecorded Incident. By “ Rimpie.”<br /> <br /> Restaurant-keeping in Paris, By M. Betham-Edwards.<br /> <br /> Billy. By May Kendall. :<br /> <br /> Taurus Intervenes. By W. H. Rainsford.<br /> <br /> Fielding<br /> <br /> At the Sign of the Ship. By Andrew Lang.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Be<br /> alt<br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> THE PALL MALL MAGAZINE.<br /> <br /> Six Weeks in North-Western Rhodesia. By Lady Sarah<br /> Wilson.<br /> <br /> Blue Roses: A Fairy Tale for Impossible Women. By<br /> Netta Syrett.<br /> <br /> Simple Simon: A Story. By Caroline Marriage.<br /> <br /> Once, Always: A Poem. By Laurence Housman.<br /> <br /> The Christmas Tree: A Poem. By Rosamund Marriott<br /> ‘Watson.<br /> <br /> The Rebuilding of London: The Site of the Great<br /> Fire.<br /> <br /> The Best Man:<br /> Hilliers.<br /> <br /> The Song of Dagonet. By Ernest Rhys.<br /> <br /> Lansdowne House. By Ernest M. Jessop.<br /> <br /> No Trumps or Spades: A Complete Story. By Horace<br /> Annesley Vachell.<br /> <br /> Master Workers :<br /> By Harold Begbie.<br /> <br /> Child Awake. By Elsie Higginbotham.<br /> <br /> The Play Angel. By Maude Egerton King.<br /> <br /> Haggards of the Rock. By H. B. Marriott Watson.<br /> <br /> The New Pope: An Anecdotal Narrative. By Rev.<br /> Alex. Robertson, D.D.<br /> <br /> The Queen’s Quair: Book II. (Chapters iii., iv.) By<br /> Maurice Hewlett.<br /> <br /> Heart&#039;s Harbour: A Poem. By Mary van Vorst.<br /> <br /> The Girl Who Wasn’t Prim. By G. B. Burgin.<br /> <br /> The Vineyard. (Chapters xvi., xvii.) By “John Oliver<br /> Hobbes” (Mrs. Craigie).<br /> <br /> What makes you Sit and Sigh? A Poem.<br /> nald Lucas, M.P.<br /> <br /> The Surprise. By H. Fielding Hall.<br /> <br /> A Visit to the Island of St. Vincent and the Souffritre.<br /> By Lady Ernestine Edgcumbe.<br /> <br /> The Round Table: The Tidal Wave. By W. L. Alden.<br /> <br /> The Month in Caricature. By G. R. H.<br /> <br /> A Complete Story. By Ashton<br /> <br /> The Rt. Hon. John Morley, 0.M., M.P.<br /> <br /> By Regi-<br /> <br /> THE WorLD’s Work (BIRTHDAY NUMBER).<br /> <br /> Practical Points in the Fiscal Controversy. By J. A+<br /> Spender.<br /> <br /> Motor Cars and Men.<br /> <br /> A Record Christmas for Fruits. By Sampson Morgan.<br /> <br /> Mr. Sargent’s Famous Portraits. By Mrs. Meynell.<br /> <br /> Trusts and Labour in New York: Amazing Revelations.<br /> By Ray Stannard Baker.<br /> <br /> Mr. John Burns, M.P., on Labour, Life and Hope. By<br /> George Turnbull.<br /> <br /> The Revolution among Women who Work. By Lady<br /> Jeune.<br /> <br /> The First Garden City.<br /> <br /> Breeding Horses and Cattle.<br /> <br /> Volunteer Cyclists: A Scheme for Home Defence. By<br /> Guy Speir.<br /> <br /> The Day’s Work of an Engine Driver.<br /> <br /> A Farmers’ Trust. By H. 8. Wood.<br /> <br /> The Problem of the Incorrigible Offender.<br /> Hopkins.<br /> <br /> Irish Toys for Christmas.<br /> <br /> The Mystery of Radium. By J. A. Harker, D.Sc.<br /> <br /> The Books of the Month. (With Portraits).<br /> <br /> Among the World’s Workers : A Record of Industry.<br /> <br /> By the Editor.<br /> <br /> By Tighe<br /> <br /> 83<br /> <br /> CORRESPONDENCE.<br /> <br /> “THE ‘TIMES’ ENCYCLOPADIA.”<br /> <br /> ASSOCIATED BOOKSELLERS OF GREAT BRITAIN<br /> AND IRELAND.<br /> <br /> Secretarial Office,<br /> 1, Bathurst Street, Hyde Park,<br /> London, W.<br /> <br /> Sir,—In an advertisement of “The ‘Times’<br /> Encyclopedia” that appeared on October Ist, it<br /> is stated that after December 19th, 1903, the work<br /> will be sold<br /> <br /> “as it was before the Zimes took it in hand,<br /> by booksellers only, in the ordinary course of<br /> trade. The lowest price will then be £57<br /> (net) for the cloth binding—more than double<br /> the present price.”<br /> <br /> Again, on October 4th, it is stated that<br /> ‘now the normal price, the net catalogue<br /> price, is about to replace the temporary half<br /> price, and the normal method of sale through<br /> the agency of booksellers is about to replace<br /> the exceptional system of sale direct to the<br /> public at half price and for small monthly<br /> payments.”<br /> <br /> The natural inference from these statements is<br /> that the public would have suffered materially had<br /> the “ Encyclopedia Britannica” with its Suapple-<br /> ment remained in the hands of the publishers and<br /> been supplied through the booksellers. As such an<br /> inference is injurious to the interests of the book-<br /> sellers, we, as representing the booksellers, think<br /> it right to place the following facts before the<br /> public :<br /> <br /> (1) The “ Encyclopedia Britannica” was sup-<br /> plied to the public through the booksellers at<br /> £18 for years before the Times reprint<br /> appeared.<br /> <br /> (2) If the Supplement had been published by<br /> Messrs. A. &amp; C. Black at the same price per<br /> volume as the “Encyclopedia” itself, the<br /> published price of the Supplement would have<br /> been, in cloth £16 10s. for the eleven<br /> volumes. The Supplement would have been<br /> supplied by many booksellers for cash for<br /> about £12 7s. 6d. The total price of the<br /> “Encyclopedia” and the Supplement would<br /> therefore have been about £30 7s. 6d., very<br /> much the same price as that at which the<br /> Times has sold the work.<br /> <br /> (3) The work as supplied by the 7&#039;imes on the<br /> instalment system remained the property of the<br /> Times until the last instalment was paid: the<br /> work as supplied by the booksellers on credit<br /> <br /> <br /> 84<br /> <br /> at a very little higher rate than the Times<br /> <br /> rate would have become the property of the<br /> purchaser from the moment it was delivered.<br /> <br /> (4) The Times intimates that after December<br /> <br /> 19th, 1903 until 1919 the booksellers will not<br /> be allowed to sell the work at less than<br /> £57 (net) in cloth. This is nearly twice the<br /> “normal price” at which the booksellers<br /> would have sold it now had it been published<br /> by Messrs. Black, and much more than twice<br /> the price at which they would have sold it<br /> ten or fifteen years hence. It is not customary<br /> to sell an Encyclopaedia at a fancy price when<br /> much of it must of necessity be hopelessly<br /> out of date.<br /> <br /> (5) Judging from the excellence of the articles<br /> <br /> in the “Encyclopedia Britannica,” there is<br /> no reason to think that the excellence of the<br /> Supplement would have been less than it is<br /> had it been published by Messrs. Black ; and<br /> any unprejudiced person will admit that the<br /> production, so far as printing and binding is<br /> concerned, was better in the edition published<br /> by Messrs. Black than in the 7%imes reprint.<br /> <br /> (6) It is claimed for “The ‘Times’ Encyclo-<br /> <br /> peedia” that it “ will settle the simpler queries<br /> that present themselves in daily life.” We<br /> fail to see how this will be possible in 1919,<br /> when the last volume will be sixteen, and the<br /> first volume about forty years out of date.<br /> Yours faithfully,<br /> (Signed) Hznry W. Knay,<br /> President of the Associated<br /> Booksellers of Great Britain<br /> and Ireland.<br /> R. Bows,<br /> Chairman of Eastern Branch.<br /> T. Watson,<br /> Chairman of Northern<br /> Branch.<br /> J. PATTERSON,<br /> Chairman of North-Eastern<br /> Branch.<br /> C. J. PARKER,<br /> Chairman of Oxford Branch.<br /> A. WHEATON,<br /> Chairman of Western Branch.<br /> RospeRT MACLEHOSE,<br /> Chairman of Scottish Branch.<br /> ALEXANDER Dickson,<br /> Chairman of Belfast Branch.<br /> Witiram M‘Grr,<br /> <br /> Chairman of Dublin Branch.<br /> November 5th, 1908.<br /> <br /> Oe<br /> <br /> THE AUTHOR.<br /> <br /> A Book Lover’s LAMENT.<br /> <br /> Sir,—Can you, or any member of the Society,<br /> tell me the author and publisher of a book called<br /> ‘“‘ John Lackland,” which appeared, I think, about<br /> a year ago.<br /> <br /> Ever since then I have been trying to get it<br /> from one of the libraries in my country town, but<br /> in vain. The librarians have written up to Mudie,<br /> or some other London purveyor of literature, over<br /> and over again without being able to procure the<br /> book, and I do not see it on any list now. As it<br /> was well reviewed as a work of note, I cannot<br /> understand why it should be so difficult to obtain<br /> from a library, and the fact raises a question : Are<br /> not we poor book-lovers in the provinces utterly at<br /> the mercy of the great distributors? They can<br /> send us just what they choose and withhold the<br /> books we should like to read. It is only by almost<br /> superhuman efforts that I can get anything I want,<br /> and I have been agitating nearly all this year for<br /> « John Lackland.” Is it any wonder that good<br /> books die without even being read by any but<br /> reviewers, or that we readers in the country forget<br /> their names when we never see them, or hear of<br /> them after the first month ?<br /> <br /> Surely the great question to-day is of the dis-<br /> tribution of books. Publishers must often be in<br /> despair, to say nothing of authors who have,<br /> perhaps, spent years in writing that which nobody<br /> can get at!<br /> <br /> A Boox Lover at Bay.<br /> <br /> Tur PuBLISHER’S READER<br /> <br /> Str,—May I be permitted to supplement the<br /> experience (as a Publisher’s Reader) of your corre-<br /> spondent “H. B.” with my own? TI read MSS.<br /> for a very prominent young publisher indeed,<br /> giving my employer, on printed form supplied, an<br /> outline of each story, a general criticism of style<br /> and treatment, advice as to commercial possibilities<br /> of the books, at a remuneration of 2s. a MS.<br /> <br /> But, with the Daily Mail article signed “ Stan-<br /> <br /> hope Sprigg,” I fear that one ought not to place :<br /> <br /> undue importance on the statements made. We<br /> must remember that every man of every degree,<br /> nowadays, be he peer or publisher, or even a literary<br /> agent who is (or has been) on the staff of a famous.<br /> journal, must most strenuously exert himself in<br /> order to get an honest living.<br /> <br /> I am, sir, your obedient servant,<br /> F. W. R.https://historysoa.com/files/original/5/488/1903-12-01-The-Author-14-3.pdfpublications, The Author
489https://historysoa.com/items/show/489The Author, Vol. 14 Issue 04 (January 1904)<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=49&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=%3Cem%3EThe+Author%3C%2Fem%3E%2C+Vol.+14+Issue+04+%28January+1904%29"><em>The Author</em>, Vol. 14 Issue 04 (January 1904)</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>1904-01-01-The-Author-14-485–112<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=89&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=14">14</a><a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=76&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=1904-01-01">1904-01-01</a>419040101Che Hutbor.<br /> <br /> (The Organ of the Incorporated Society of Authors.<br /> <br /> FOUNDED BY SIR<br /> <br /> Monthly.)<br /> <br /> WALTER BESANT.<br /> <br /> <br /> <br /> <br /> <br /> Vou. XIV.—No. 4.<br /> <br /> <br /> <br /> TELEPHONE NUMBER :<br /> 374 VICTORIA.<br /> <br /> TELEGRAPHIC ADDRESS :<br /> AUTORIDAD, LONDON.<br /> <br /> 1<br /> <br /> NOTICES.<br /> <br /> —_ &gt;<br /> <br /> OR the opinions expressed in papers that are<br /> signed or initialled the authors alone are<br /> responsible. None of the papers or para-<br /> <br /> graphs must be taken as expressing the opinion<br /> of the Committee unless such is especially stated<br /> to be the case.<br /> <br /> Tuer Editor begs to inform members of the<br /> Authors’ Society and other readers of 7he Author<br /> that the cases which are from time to time quoted<br /> in The Author are cases that have come before the<br /> notice or to the knowledge of the Secretary of the<br /> Society, and that those members of the Society<br /> who desire to have the names of the publishers<br /> concerned can obtain them on application.<br /> <br /> +<br /> <br /> List of Members.<br /> <br /> Tue List of Members of the Society of Authors<br /> published October, 1902, at the price of 6d., and<br /> the elections from October, 1902, to July, 1903, as<br /> a supplemental list, at the price of 2d., can now be<br /> obtained at the offices of the Society.<br /> <br /> They will be sold to members or associates of<br /> the Society only.<br /> <br /> a<br /> <br /> The Pension Fund of the Society.<br /> <br /> THE investments of the Pension Fund at<br /> present standing in the names of the Trustees are<br /> as follows.<br /> <br /> This is a statement of the actual stock; the<br /> <br /> VoL, XIV.<br /> <br /> JANUARY Ist, 1904.<br /> <br /> [Price SIXPENCE.<br /> <br /> <br /> <br /> money value can be easily worked out at the current<br /> price of the market :—<br /> <br /> Be £1000 0 0<br /> <br /> Wiocal Uioans 26s 500 0 0<br /> <br /> Victorian Government 8 % Consoli-<br /> dated Inscribed Stock ............... oot 19 18<br /> OY Eo oes nss pete 201 9 8<br /> Mota. ...0.2...3. £1,993 9 2<br /> <br /> Subscriptions from October, 1903.<br /> £ s. a.<br /> Noy. 13, Longe, Miss Julia. : - 0 5.0<br /> Dec. 16, Trevor, Capt. Philip 0 5 0<br /> <br /> Donations from October, 1908.<br /> <br /> 4<br /> <br /> Oct. 27, Sturgis, Julian é ; oo<br /> Nov. 2, Stanton, V.H. .<br /> <br /> Nov. 18, Benecke, Miss Ida.<br /> <br /> Nov. 28, Harraden, Miss Beatrice<br /> <br /> Dec. Minniken, Miss<br /> <br /> The following members have also made subscrip-<br /> tions or donations :—<br /> <br /> Meredith, George, President of the Society.<br /> Thompson, Sir Henry, Bart., F.R.C.S.<br /> Rashdall, The Rev. H.<br /> <br /> Guthrie, Anstey.<br /> <br /> Robertson, C. B.<br /> <br /> Dowsett, C. F.<br /> <br /> There are in addition other subscribers who do<br /> not desire that either their names or the amount<br /> they are subscribing should be printed.<br /> <br /> ourFaAe<br /> nooo So<br /> ooo oo<br /> <br /> &lt;&gt; 6<br /> <br /> FROM THE COMMITTEE.<br /> <br /> —<br /> <br /> Ar the meeting of the Committee held on<br /> Monday, December 7th, twenty members and asso-<br /> ciates were elected, bringing the total number of<br /> elections for the current year to just over 200.<br /> <br /> Among the subjects discussed and dealt with<br /> were financial matters, the unveiling of the<br /> memorial to Sir Walter Besant (which took place<br /> 86<br /> <br /> on the 11th of December), cheap postage on maga-<br /> zines to the Colonies, and finally the article signed<br /> “ Proxy” in the December number of Ze Author.<br /> The Committee decided that a paragraph should<br /> be inserted in the next number of Ze Author<br /> condemning the practice described by “ Proxy.”<br /> Sir Gilbert Parker sept in his resignation as<br /> a member of the Committee, owing to the heavy<br /> pressure of his Parliamentary and other work. In<br /> doing so, he wished the Society all prosperity.<br /> <br /> ot<br /> <br /> Cases.<br /> <br /> Srxcz the publication of the last number of The<br /> Author seventeen cases—an unusually large num-<br /> ber—have been taken in hand by the Secretary on<br /> behalf of members, and, in addition, two County<br /> Court cases have been authorised by the Chairman<br /> of the Society.<br /> <br /> The seventeen cases may be divided as follows :—<br /> <br /> Hight cases for money or for money and accounts,<br /> three cases for accounts only, five cases for the<br /> return of MSS., and one case for the proper settle-<br /> ment of a contract. So far, only one case has<br /> been settled. The MS. has been received by the<br /> Secretary and returned to the author. ‘There is no<br /> reason to believe that the other cases will not<br /> <br /> terminate satisfactorily, but at this time of the year<br /> it is difficult to get money out of those people who<br /> <br /> desire to withhold it. In a future issue no doubt<br /> satisfactory conclusions will be chronicled.<br /> <br /> Of the cases referred to in previous numbers<br /> there are five still incomplete.<br /> <br /> ‘As two of the matters in contention have to do<br /> with the United States it is possible that they may<br /> be still further delayed. The length of time that<br /> a letter takes to reach the United States is not the<br /> only cause of delay. It is often, unfortunately, the<br /> fact that distance appears to make the offender<br /> callous to his obligations.<br /> <br /> Two of the cases will have to be abandoned<br /> owing to technical and other reasons which prevent<br /> the enforcing of the author’s just rights. The<br /> <br /> fifth case is still in negotiation, and is proceeding<br /> satisfactorily.<br /> <br /> —— +<br /> <br /> December Elections.<br /> 17, Newburgh Road,<br /> Acton.<br /> <br /> Braintree House, Cob-<br /> ham, Surrey.<br /> <br /> Ashe, Leslie<br /> Cartwright, Miss A. M. .<br /> <br /> Corkran, Miss Alice<br /> Laurence, Lionel<br /> Maudsley, Athol<br /> <br /> Twyford, Winchester.<br /> Needham, R. W. Bradshaw<br /> <br /> Land Tax, Somerset<br /> House, W.C.<br /> <br /> THE AUTHOR.<br /> <br /> Orr, Mrs. Mount Eagle Lodge<br /> Brosna, Co. Kerry<br /> Treland.<br /> <br /> 19, Chesham Place,<br /> 5.W.<br /> <br /> 21, Inglewood Road,<br /> West Hampstead,<br /> N.W.<br /> <br /> Care of Messrs. Power,<br /> Drury &amp; Co., Madeira<br /> <br /> 16, Dorset Square,<br /> N.W.<br /> <br /> Colinton, Midlothian.<br /> <br /> Pauncefote, The Hon.<br /> Maud : ‘<br /> <br /> Pierson, C. Harvard<br /> <br /> Ramsey, Miss Lilian<br /> Sheringham, H. T.<br /> <br /> Skae, Miss Hilda<br /> <br /> “‘ Stephen Walthair ”<br /> <br /> Syrett, Miss Netta . 3, Morpeth Terrace,<br /> Ashley Place, 8.W.<br /> <br /> Saltwood, Hythe, Kent.<br /> <br /> Ladies’ Army and Navy<br /> Club, Burlington<br /> Gardens, W.<br /> <br /> Stigand, Mrs.<br /> “Tiger Rose ”<br /> <br /> Urwick, Edward<br /> Vaughan, Capt. A. O. Aberdovey, N. Wales.<br /> <br /> _One member does not desire the publication<br /> either of his name or address.<br /> <br /> 1<br /> <br /> Pension FunpD.<br /> <br /> In order to give members of the Society, should<br /> they desire to appoint a fresh member to the<br /> Pension Fund Committee, full time to act, it has<br /> been thought advisable to place in 7he Author a<br /> full statement of the method of election under the<br /> scheme for administration of the Pension Fund.<br /> Under that scheme the Committee is composed of<br /> three members elected by the Committee of the<br /> Society, three members elected by the Society at<br /> the General Meeting, and the chairman of the<br /> Society for the time being, ex officio. The three<br /> members elected ‘at the general meeting when the<br /> fund was started were Mr. Morley Roberts, Mr.<br /> M. H. Spielmann, and Mrs. Alec Tweedie.<br /> <br /> According to the rules it is the turn of Mr.<br /> M. H. Spielmann to resign his position on the Com-<br /> mittee. In tendering his resignation he submits<br /> his name for re-election.<br /> <br /> The members have power to put forward other<br /> names under Clause 9, which runs as follows :—<br /> <br /> “ Any candidate for election to the Pension Fund Com-<br /> mittee by the members of the Society (not being a retiring<br /> member of such Committee) shall be nominated in writing<br /> to the secretary, at least three weeks prior to the general<br /> meeting at which such candidate is to be proposed, and<br /> the nomination of each such candidate shall be subscribed<br /> by, at least, three members of the Society. A list of the<br /> candidates so nominated shall be sent to the members of<br /> the Society with the annual report of the Managing Com-<br /> mittee, and those candidates obtaining the most votes at<br /> <br /> the general meeting shall be elected to serve on the Pension<br /> Fund Committee.” :<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR. 87<br /> <br /> In case any member should desire to refer to<br /> the list of members, a copy complete, with the<br /> exception of those members referred to in the note<br /> at the beginning, can be obtained at the Society’s<br /> office.<br /> <br /> It would be as well, therefore, should any of the<br /> members desire to put forward candidates, to take<br /> the matter within their immediate consideration.<br /> The general meeting of the Society has usually<br /> been held towards the end of February or the<br /> beginning of March. It is essential that all<br /> nominations should be in the hands of the<br /> secretary before the 31st of January, 1904.<br /> <br /> — se 7<br /> <br /> SERIAL ISSUE—AUTHORS AND<br /> PUBLISHERS OR EDITORS.<br /> <br /> ee<br /> Afialo and Cook v. Lawrence and Bullen.<br /> <br /> OW that the case of Aflalo and Cook v.<br /> Lawrence and Bullen has been finally<br /> settled by the judgment of the House of<br /> <br /> Lords, it is necessary to consider its bearing on<br /> authors’ property and the methods employed for<br /> the sale of that property.<br /> <br /> There is no need to set forth at length the<br /> 18th Section. Members can refer to the last<br /> number of The Author.<br /> <br /> But it is necessary to remember three points.<br /> <br /> Firstly, employment.<br /> <br /> Secondly, that the work shall have been com-<br /> posed in such employment on the terms that the<br /> Copyright shall belong to the proprietor.<br /> <br /> Thirdly, payment for such work.<br /> <br /> Where. these three points are proved the copy-<br /> right will belong absolutely to the proprietor, etc.,<br /> of the Encyclopzedia and will belong to the pro-<br /> prietor, etc., of the review, magazine, or other<br /> periodical work, subject to the provisoes at the<br /> end of the section.<br /> <br /> It has been decided that the second of the three<br /> points set out above may be inferred, and need not<br /> be actually set forth in an express contract.<br /> <br /> The question, however, according to the judges<br /> in the House of Lords is one of fact and each case<br /> must be decided on its own evidence.<br /> <br /> In order that it may be possible to ascertain what<br /> deductions are likely to be made from the evidence,<br /> it will be necessary to look, firstly, into each decided<br /> ease and to notice the inference drawn ; secondly,<br /> whether such inference is growing wider in scope<br /> or more restricted ; thirdly, whether more in favour<br /> of the proprietor or the original owner of the<br /> property, the author.<br /> <br /> The Lord Chancellor stated “‘ The case is covered<br /> <br /> by authority,” and that he thought it impossible,<br /> after the decision arrived at about half a century<br /> ago and confirmed by the decision of the Court of<br /> Appeal, to give any judgment except one in favour<br /> of the appellants.<br /> <br /> The recent case is thus stated to be covered by<br /> authority. }<br /> <br /> Firstly then, it is necéssary to consider the<br /> authorities and the inferences drawn from them,<br /> before considering this special case and the further<br /> inferences that may be drawn from it.<br /> <br /> The authorities which to the Four Law Lords<br /> and Lord Justice Vaughan Williams appeared to<br /> decide the case in one way, and which to Mr.<br /> Justice Joyce, Lord Justice Stirling, and Lord<br /> Justice Romer seemed to suggest the opposite<br /> decision, were Sweet v. Benning and Lamb v.<br /> vans.<br /> <br /> In Sweet v. Benning various members of the Bar<br /> furnished reports of cases to the plaintiffs, the pro-<br /> prietors of the Jurist. They were reports merely.<br /> The barristers employed selected the cases they<br /> thought fit to report and composed the head notes<br /> and short summaries. They were paid for their<br /> work. The arrangements were oral and nothing<br /> was said about copyright. The property in dispute<br /> on this occasion could hardly be called original,<br /> except so far as the head notes and the abridge-<br /> ment of the product of other people’s brains may<br /> show originality. The case was decided in the<br /> Court of Common Pleas, and the inference was<br /> drawn that the copyright belonged to the proprietors<br /> of the Jurist.<br /> <br /> In Lamb vy. Evans the plaintiff employed and<br /> paid for persons to canvass for advertisements<br /> and arrange them under appropriate headings in a<br /> trade directory. Here again the work in question<br /> could hardly be called literary work of a high and<br /> original order.<br /> <br /> Lord Justice Lindley, in giving judgment, stated<br /> that the burden of proof that the copyright belonged<br /> to the plaintiff was on the plaintiff, and the statute<br /> did not say the kind of evidence which had to be<br /> adduced for the purpose of proving this. If there<br /> is no express agreement the question is, ‘ What is<br /> the inference to be drawn?’ and the inference<br /> was drawn that the copyright belonged to the<br /> plaintiff.<br /> <br /> It is worth noticing that in both these cases the<br /> <br /> ersons claiming the copyright were suing pirates<br /> and the defendants’ objections were technical only.<br /> And farther that the head notes in question could<br /> only have been published by the authors in a form<br /> which would compete with the publication for<br /> which they had been written. In both cases it<br /> would have been unbusinesslike to assume that<br /> the authors intended to reserve a copyright which<br /> could only be useful for a rival publication.<br /> 88<br /> <br /> These were two cases that may be classed under<br /> Encyclopedias.<br /> <br /> The facts of Aflalo and Cook v. Lawrence and<br /> Bullen were fully set forth in last month’s Author,<br /> and the inference drawn from these facts was that<br /> the copyright belonged to the proprietor of the<br /> Encyclopedia.<br /> <br /> Does this judgment extend the former judgments,<br /> as to the inferences that may be drawn from the<br /> facts, and is such extension in favour of the<br /> publisher or author? On the whole it must be<br /> held to extend them considerably, and in favour<br /> of the publisher or proprietor.<br /> <br /> It would have been thought, that it is the<br /> publisher’s business to know the law and make<br /> his bargains accordingly.<br /> <br /> Authors, especially young authors, are often quite<br /> inexperienced in the legal aspect of the case, and<br /> much more likely than a publisher to enter into<br /> bargains the full nature and consequences of which<br /> they do not understand. It would have been no<br /> hardship to the publisher to secure the copyright<br /> by express provision in his contract.<br /> <br /> The decision is revolutionary and must compel<br /> some of the well-known writers on copyright to<br /> alter their deduction from Sweet v. Benning and<br /> The Bishop of Hereford v. Griffin in the next edition<br /> of their works.<br /> <br /> The evidence of employment was complete.<br /> that point there was no need for argument. There<br /> <br /> On<br /> <br /> was evidence of payment. Of that there can be<br /> no dispute. But one essential point must be con-<br /> sidered—how far that payment could be reckoned<br /> substantial for the copyright of the literary pro-<br /> perty in question, when compared with the ordinary<br /> literary prices of an expert writer on any given<br /> subject.<br /> <br /> Would Mr. Aflalo, for instance, for a sum of<br /> £500, sell the idea of the Encyclopedia, give up<br /> two years work and devote himself to the editor-<br /> ship of it, writing without further fee, 7,000 words<br /> and contributing all the unsigned articles that<br /> might be required ? This would be poor pay for<br /> the employment of the technical knowledge that<br /> Mr. Aflalo possesses, and it is hardly likely that for<br /> so small a fee he would care to sell the copyright<br /> of his work. Again, Mr. Cook contracted to do a<br /> certain amount of work at £2 per thousand words.<br /> Anyone with Mr. Cook’s reputation as a fisherman,<br /> and with his great technical knowledge, would not<br /> be likely to sell his work to any magazine or<br /> periodical, for a fee so small if he was not to hold<br /> some subsequent rights; but the Court inferred<br /> that Mr. Cook did so, and it is impossible not to<br /> consider that the inference drawn in this present<br /> case widens enormously the field of inference as<br /> compared with the former cases. In this case you<br /> get highly technical knowledge, the result of years<br /> <br /> THER AUTHOR.<br /> <br /> of work and study of particular kinds of sport.<br /> You get that knowledge set out in original form<br /> and paid for at a peculiarly low price. Is it possible<br /> that in the next case which may be brought before<br /> the Courts under the 18th section from less con-<br /> clusive facts, a still wider inference may be drawn<br /> —more salutary to the publisher, more disastrous<br /> to the author ?<br /> <br /> Their Lordships did not seem to consider that<br /> the position of literary property nowadays is vastly<br /> different from what it was fifty years ago, and that<br /> therefore as the circumstances have changed, it is<br /> impossible to make the same deductions.<br /> <br /> It is clear that in the future authors should be<br /> exceedingly careful of the circumstances in which<br /> they contribute to Encyclopeedias,reviews,magazines<br /> or periodical works, and some further points must<br /> be put forward.<br /> <br /> In this judgment very little was said of the<br /> question of employment, as the employment was<br /> clear and undisputed, but it is quite possible that<br /> this question may be raised at some future date<br /> and that the author’s position may be further<br /> endangered. Mr. MacGillivray in his able work<br /> on Copyright is inclined to think, from the cases<br /> which have been already heard, that the employ-<br /> ment must be antecedent, and so far, this deduction<br /> appears to be satisfactory. There is no decision<br /> on the subject, and the point does not appear to<br /> have been actually argued. It is to be hoped,<br /> however, that it may never be held that the<br /> publication of a work submitted unsolicited to a<br /> magazine proprietor and published by him without<br /> any definite contract, will be sufficient to show<br /> employment by the proprietor, of the contributor.<br /> But this point has never been decided, and authors<br /> should be exceedingly careful that they do not<br /> allow themselves to depend on the broken reed<br /> of the 18th section.<br /> <br /> If such publication can amount to employment<br /> the second deduction that the copyright should<br /> belong to the proprietor would be the merest step<br /> farther, and the author would find himself in<br /> difficulties, even though, possibly, he had received<br /> an entirely inadequate price for such sacrifice.<br /> Evidence, unfortunately, is constantly coming<br /> forward that the Bench and English juries have<br /> very little appreciation of the real value of literary<br /> productions.<br /> <br /> That the danger is a serious one may be seen<br /> from the fact that a great deal was made in the —<br /> present case of the amount of money the proprietors<br /> were sinking in the venture, but this is an obviously<br /> unfair argument, unless, at the same time, the<br /> return the publishers hoped for or actually realised<br /> had also been stated. No one would object to<br /> spend £50,000 to-day if he obtained £100,000 at<br /> the end of six months, or thought he could.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR. 89<br /> <br /> It seems certain that if only the amount<br /> ventured by the publisher in the production of a<br /> magazine, review, or encyclopedia is large enough,<br /> it must follow as a matter of course, according to<br /> these lines of argument, that the employment will<br /> be on the terms that the copyright shall belong to<br /> the proprietor. No thought appears to have been<br /> given to the opposite view that the publisher is a<br /> man of business, and, as such, quite capable of<br /> protecting himself from any danger of being<br /> deprived of the full benefit of the literary wares<br /> which he desired to buy, and that the price paid<br /> to the author may be entirely inadequate to cover<br /> the sale of copyright. The idea which seems to<br /> have influenced the Law Lords was that if the<br /> copyright in the articles had not passed to the<br /> publishers, the authors might all have joined<br /> together and republished their articles as a rival<br /> encyclopedia, but surely the law of England would<br /> be strong enough to stop such an unfair act of<br /> derogating from their own grant, and in any event<br /> the idea is a far fetched one. A much more<br /> pertinent consideration would be that under the<br /> present decision publishers might commission and<br /> pay for articles for an encyclopedia over which they<br /> announced their intention of spending large sums,<br /> and then bring out the articles as cheap popular<br /> books at large profit to themselves, or publish in<br /> other remunerative manner before they finally<br /> collected them into the encyclopedia,<br /> <br /> That this idea is not imaginary may be shown<br /> by the case of some publishers who purchase a<br /> work with a view to book production, and then try<br /> to sell the serial rights in a magazine, to the great<br /> annoyance of the author, who may, through his<br /> carelessness or ignorance, have left himself<br /> defenceless.<br /> <br /> Lord Shand, in his remarks, constantly mentioned<br /> the word “magazine” in addition to “encyclo-<br /> pedia.” There seems no doubt, therefore, that in<br /> his mind, the same inference might be drawn in the<br /> case of a magazine proprietor, as in the case of the<br /> proprietor of an encyclopedia. He also referred to<br /> the publisher as conceiving the creation of the<br /> magazine which he publishes as his undertaking<br /> for his profit. In this case, however, the concep-<br /> tion of the work was the Plaintiff’s, Mr. Aflalo’s.<br /> <br /> There is no need to consider at length the<br /> judgments of those learned Judges of the Court of<br /> First Instance and the Court of Appeal, when<br /> verdicts were given in favour of the plaintiffs, but<br /> in considering the present verdict an endeavour has<br /> been made to show the increasing dangers that<br /> surround authors ; and the members of the society<br /> should be warned when, in future, they contribute<br /> to an encyclopedia, review, or magazine, whether<br /> they have been employed by the proprietor, or<br /> whether they send in their work on their own<br /> <br /> initiation, to be careful to state in a covering letter<br /> the terms on which they are willing to dispose of<br /> it. They should also be careful to keep a copy of<br /> that letter, so that in any action it will lie with<br /> the publishers to prove that the terms of the letter<br /> have been subsequently varied.<br /> <br /> The terms which the letter should contain must,<br /> of course, depend upon the magazine for which the<br /> author is writing and his position as a writer. It<br /> is dangerous to sell serial rights without any<br /> limitation.<br /> <br /> Members will, no doubt, recollect the article that<br /> appeared in The Author, where the serial rights in<br /> an essay were sold to an American magazine, and<br /> the author was astonished to find that his work<br /> was being reprinted in a periodical in England.<br /> <br /> There has been no decision in the Law Courts<br /> to determine the exact definition of serial rights,<br /> but the custom of the trade has been sufficiently<br /> established to show that a conveyance of these<br /> rights does not in any way convey the copyright,<br /> but merely conveys the right to produce articles in<br /> serial form—that is, in a review, magazine, or<br /> other paper of periodical issue.<br /> <br /> In further explanation it must be remembered<br /> that the Courts have decided that an annual is a<br /> periodical issue, and that some magazines print<br /> long stories in one issue. When an author, there-<br /> fore, sells his serial rights, either to a magazine<br /> which undertakes to print his work in one issue,<br /> or to an annual, he should be careful that he gets<br /> an adequate price, as a single serial issue may have<br /> some effect in spoiling the circulation of the story<br /> in book form. This remark, however, does not<br /> apply to short stories.<br /> <br /> Dealing then, with the ordinary sale of a work<br /> in serial form, the price per thousand words that<br /> the author is willing to accept should be distinctly<br /> stated, and the exact limitation of the serial rights<br /> he is willing to sell, z.e, if possible, they should be<br /> limited to one issue of a given magazine or<br /> periodical. The author must remember that it<br /> may be possible for him to obtain second serial<br /> rights from other papers or to sell the further serial<br /> use in other countries.<br /> <br /> A fact incidental to this matter must not be<br /> omitted. It is the custom of many of the popular<br /> magazines of the day, when no contract has been<br /> made in the first instance, to forward cheques to<br /> their contributors, with notices stamped on the<br /> back that the endorsement of the cheque is an<br /> acknowledgment of the transfer of the copyright.<br /> This custom is a distinct danger to authors, for<br /> although the endorsement of such a cheque will<br /> not in any way vary any eapress contract that<br /> may have been entered into before publication,<br /> yet it might be evidence of an implied term in a con-<br /> tract if the cheque was endorsed without dispute.<br /> <br /> <br /> 90<br /> <br /> Since the decision which has been given in the<br /> case of Aflalo and Cook vy. Lawrence and Bullen,<br /> it is especially dangerous, as the slightest evidence<br /> may afford a chance of drawing a deduction<br /> disadvantageous to the author.<br /> <br /> If a publisher desires to obtain special terms or<br /> the copyright, he has merely to say so beforehand,<br /> and the author will know his exact position. It<br /> is not fair that the purchaser should endeavour to<br /> incorporate into a contract terms which never<br /> existed in the mind of the author when the contract<br /> was made.<br /> <br /> Finally, by way of repetition, it cannot be too<br /> strongly impressed on the minds of all members,<br /> (1) that a letter should be sent with the “ copy’;<br /> (2) that if no letter be sent with the “ copy ” an<br /> express agreement should be made before publica-<br /> tion; and (8) that in no circumstances, whether<br /> a letter has been sent with the “copy,” whether<br /> an express contract has been made before publica-<br /> tion, or whether no contract has been made at all,<br /> should an author sign a cheque that is issued to<br /> him on the lines stated above.<br /> <br /> Clearness and finality in contract is essential<br /> to a good understanding between authors and<br /> publishers or editors. If the two latter, instead of<br /> abusing the methods of the Society, endeavoured<br /> to work on more businesslike lines the wheels<br /> would run much smoother for all parties. In<br /> book production a clear understanding is now<br /> nearly always the rule—a doubtful contract the<br /> exception.<br /> <br /> The time, perhaps, may come when the same<br /> remark may be applied to the contract for serial<br /> rights.<br /> <br /> G. H.T-<br /> <br /> ——&gt;—_¢ —____—--<br /> <br /> OUR BOOK AND PLAY TALK.<br /> <br /> —<br /> <br /> E are glad to say that our Vice-Chairman’s<br /> latest book, “The &amp; Becketts of Punch,”<br /> has scored a success. These “ Memories<br /> <br /> of Father and Sons,” within the compass of one<br /> volume, make interesting reading. We should<br /> like to quote at length from its pages, but lack<br /> of space allows of one extract only. Referring<br /> (page 236) to the Dramatic Authors’ Society,<br /> Mr. d Beckett says the circuit system of Mr.<br /> Crummles was the order of the day when it was<br /> organised.<br /> <br /> “Every theatre in the country belonged to it, and was<br /> assisted according to its means of payment. It was the<br /> duty of each subscriber to pay so much a night, and then<br /> send up the bill of the evening’s performance to the Sec-<br /> retary of the Dramatic Authors’ Society, who entered the<br /> amount to the credit of the member. Thus, say Smith had<br /> written a one-act farce, Snooks a two-act comedy, and<br /> <br /> THE AUTHOR.<br /> <br /> Larkins a one-act burlesque, the amount would be divided<br /> into fourths, of which Snooks would take one half, to the<br /> quarters apportioned to Smith and Larkins. . .. This<br /> system worked very well while the remuneration of the<br /> dramatist remained at £100 an act, which was the regu-<br /> lation sum in the mid-Victorian era. But all this was<br /> changed when Dion Boucicault introduced the system of<br /> percentages. The moment that a dramatist’s remuneration<br /> depended upon the takings of the house his fortune was<br /> made. It was very much the royalty system applied to<br /> plays. . . . There was an immediate revolution. Tom<br /> Robertson, W. 8. Gilbert, and the present editor of Punch<br /> naturally wished to get something better than a few<br /> shillings a night for their newest plays in the provinces,<br /> and a resolution was passed giving them the necessary<br /> powers of reservation. The provincial managers com-<br /> plained that all the newest London pieces were out of the<br /> provincial market, and asked what was the use of being<br /> assessed for old and unattractive plays. So by degrees<br /> the Society disappeared.”<br /> <br /> Mr. a Beckett has another book in hand which<br /> will be published early in 1904, dealing with his<br /> career entirely outside Bouverie Street.<br /> <br /> Sir F. C. Burnand’s two volumes of ‘“ Records<br /> and Reminiscences,” with numerous illustrations<br /> and facsimile letters (Methuen), is another inte-<br /> resting book recently published. It has been<br /> widely reviewed and much quoted. It has been<br /> read (or will be read), no doubt, by all our members.<br /> <br /> The annual annotated volume of “Statutes of<br /> Practical Utility” passed in 1903, which will<br /> shortly appear under the editorship of Mr. J. M.<br /> Lely (Sweet and Maxwell, Stevens and Sons), will<br /> contain, with 17 other Acts selected from the 47<br /> passed, the Motor Car Act, the Poor Prisoners<br /> Defence Act (both of these two being fitted out<br /> with extra notes), the London Education Act, the<br /> Employment of Children Act, the County Courts<br /> Act, the Pistols Act, the Finance Act, and the<br /> Housing of the Working Classes Act. Some<br /> interesting Departmental Regulations, e.g., those<br /> of the Local Government Board under the Motor<br /> Car Act, as well as the Cremation and Midwives<br /> Rules under Acts of 1902, will also be included ;<br /> and in the Preface attention will be called to the<br /> desirability of some Parliamentary action being<br /> taken to prevent, so far as preventible, the recur-<br /> rence of obscurities in legislation. Acts relating<br /> to Scotland or Ireland only are not printed in this<br /> collection.<br /> <br /> Sixpenny reprints are, happily, not limited to<br /> fiction. In those issued thus far by Messrs. Watts<br /> and Co. on behalf of the Rationalist Press Associa-<br /> tion, there is included Herbert Spencer’s masterly<br /> treatise on “Education,” of which some 40,000<br /> <br /> copies have been sold in that form. Messrs. Watts’<br /> <br /> next book in this cheap series will be Edward<br /> Clodd’s “Story of Creation,” published by arrange-<br /> ment with Messrs. Longmans, the first issue to<br /> consist of 30,000 copies.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> oA<br /> <br /> <br /> <br /> AY<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> Mr. Herbert Bentwich, LL.B., who published<br /> a short time ago a pamphlet entitled “ A Plea for<br /> a General School of Law,” is now taking up<br /> seriously a long projected work on “ International<br /> Copyright.” :<br /> <br /> The publication by Messrs. Isbister &amp; Co. of<br /> Mr. G. S. Layard’s novel, at present entitled<br /> “ Dolly’s Governess,” has been postponed until the<br /> spring of next year. Mr. Layard is now engaged<br /> upon “ The Life of Kate Greenaway,” in collabora-<br /> tion with Mr. M. H. Spielmann. Any information<br /> not already furnished concerning the deceased<br /> artist and lover of children should be sent to Mr.<br /> Layard at Bull’s Cliff, Felixstowe.<br /> <br /> “Home Life under the Stuarts,” by Elizabeth<br /> Godfrey (Grant Richards), is about to be followed<br /> by a study of social life during the same period,<br /> 1603—1649. This will describe art and literature,<br /> amusements, the literary coterie, travelling, friend-<br /> ship, the religious life, and kindred topics. It will<br /> be uniform with the preceding volume, which in<br /> fact it completes, and will be illustrated.<br /> <br /> Messrs. H. Sotheran &amp; Co. (37, Piccadilly, W.)<br /> are prepared to supply “ Kilboylan Bank,” by Mrs.<br /> E. M. Lynch. It is an Irish story illustrating the<br /> working of that humble form of finance—Agri-<br /> cultural Co-operative Credit. The book should<br /> prove useful at the present time, when the new<br /> Irish Land Act is turning many peasants into<br /> proprietors.<br /> <br /> Captain G. E. W. Hayward, whose two articles<br /> entitled ‘‘ Cosas de Espaia” appeared in the Feb-<br /> ruary and June numbers of Blackwood, is now<br /> completing a one volume novel which he hopes to<br /> see published in the spring.<br /> <br /> The Baroness de Bertouch is at work on her<br /> *“ Life of Father Ignatius,” which Messrs. Methuen<br /> have accepted and will publish early in 1904. In<br /> order that the work might be done under the<br /> supervision of Father Ignatius himself, the<br /> authoress has spent nearly a year at Llanthony in<br /> the guest-house of the monastery.<br /> <br /> Mr. Leslie Cope Cornford, author of “ Captain<br /> Jacobus,” &amp;c., &amp;c., has just completed a story<br /> dealing with a phase of eighteenth century life.<br /> It is to be published in 1904.<br /> <br /> Mr. Bertram Mitford’s new novel, “ The Sirdar’s<br /> Oath,” will be published by Messrs. F. V. White<br /> and Co. some time in January. The scene is laid<br /> on the northern border of India and the action<br /> deals with the tribesmen inhabiting that locality.<br /> The story has been running serially during this<br /> year through several British and Colonial news-<br /> papers under the title of “ Raynier’s Peril.”<br /> <br /> Miss Theodora Wilson Wilson’s new novel,<br /> “Ursula Raven,” is now running through the<br /> Daily News as a serial. The scene of the story<br /> 4s laid in Westmoreland, and the chief interest<br /> <br /> 91<br /> <br /> lies in the description of a struggle against<br /> monopoly.<br /> <br /> Mrs. Finnemore will publish shortly through<br /> Messrs. Hurst and Blackett, a story entitled<br /> “Tally.” It is of domestic interest, the period<br /> being the early years of last century. It is a<br /> shorter story than “A Man’s Mirror”? (Cassell,<br /> October, 1908) and quite different in character.<br /> <br /> Mrs. Finnemore is at present busy upon a story<br /> which she hopes to have completed early in 1904.<br /> The setting is the Welsh hills—Mrs. Finnemore’s<br /> own neighbourhood, a solitary and wild bit of<br /> country between the Berwyns and the sea.<br /> <br /> “An Oath in Heaven” is the title of a new<br /> novel by Mr. John Ryce. It is published by<br /> Messrs. James Clarke &amp; Co. at 6s.<br /> <br /> Mr. Algernon Rose’s handbook for wind-instru-<br /> mentalists entitled “Talks with Bandsmen,” a<br /> thousand copies of which have been sold in this<br /> country, has been pirated for serial purposes by the<br /> Dominant, a musical paper of New York.<br /> <br /> The Rt. Hon. Joseph Chamberlain has accepted<br /> a copy of Mr. Algernon Rose’s book “ On Choosing<br /> a Piano” (Scott), one chapter of which deals<br /> with the fiscal question as it regards pianoforte<br /> manufacturers in this country.<br /> <br /> We hear that a new and enlarged edition of Mr.<br /> Reynolds-Ball’s Guide to the Winter Resorts of<br /> the Mediterranean will be published very soon.<br /> A new and useful feature will be a supplement<br /> containing articles on the principal Colonial and<br /> other extra European winter resorts, such as the<br /> Canaries, the West Indies, and the Cape High-<br /> lands.<br /> <br /> Miss Florence M. King (Jfaud Carew), who has<br /> been prevented by unavoidable causes from writing<br /> anything for some time, is engaged on a new<br /> children’s book.<br /> <br /> “Songs of Summer,” by Mr. C. Whitworth<br /> Wynne, has been published by Mr. Grant Richards.<br /> <br /> Mrs. Caroline A. White’s book “Sweet Hamp-<br /> stead and its Associations ” is now in asecond and<br /> revised edition. It is dedicated to the Conser-<br /> vators of the Heath and to all who love sweet<br /> Hampstead for its own sake. The volume is<br /> well illustrated. Messrs. Elliot Stock are its<br /> publishers.<br /> <br /> For the benefit of those among our readers who<br /> saw the review in the Guardian (December 2nd) of<br /> “A Queen of Nine Days,” by Miss Edith C. Kenyon,<br /> suggesting that she had not written the book<br /> herself, but only supplied a modern rendering, we<br /> give her reply, which appears in the same journal<br /> (December 9th) :—<br /> <br /> S1z,—In allusion to your review of “A Queen of Nine<br /> Days” in this week&#039;s Guardian, will you kindly allow me<br /> to say that I wrote the whole of the book, and the idea<br /> that it was written by one of Lady Jane’s gentlewomen is<br /> only a part of the story. Moreover, if your reviewer reads<br /> 92<br /> <br /> history, he will find that Lady Jane was singularly humble<br /> and truth loving, and, like all great souls, in advance of her<br /> eo EpitH C. KENYON.<br /> <br /> “High Treason” (The Primrose Press: 64d.<br /> nett) is Mr. Allen Upward’s latest contribution<br /> to the Romance of Politics series. In his preface<br /> Mr. Upward says: “Many of the incidents, I<br /> think, will be fresh in the memory of most news-<br /> paper readers, though the connection here traced<br /> between them may not be perceived. For others,<br /> I can produce my authorities, should the truth of<br /> these pages be challenged. ;<br /> <br /> Except for articles in papers and magazines, Mr.<br /> Clive Holland’s chief work during the past year<br /> bas been the writing of two plays. One is a<br /> comedy (founded on his two Japanese novels,<br /> “My Japanese Wife” and ‘‘Musme”), written in<br /> collaboration with an American playwright, Miss<br /> Florence Hopkins ; the other a modern comedy of<br /> French and English life, written by himself. _<br /> <br /> The former will probably see the light first in<br /> New York; the latter will, Mr. Holland hopes, be<br /> produced in London.<br /> <br /> The Franciscan Friars of the Collegio di San<br /> Bonaventura at Quaracchi, near Florence, who are<br /> their own printers and publishers, have just brought<br /> out the first critical edition ever attempted of the<br /> writings of Saint Francis of Assisi. The rights of<br /> <br /> translation into English have been assigned to M.<br /> Carmichael.<br /> <br /> We understand that Mr. Sidney Lee will deliver<br /> a lecture (January 26th) on “Shakespeare” to<br /> the members of the British Empire Shakespeare<br /> <br /> Society. He will also deliver a lecture early in<br /> the year at the Royal Institution, on “Shakespeare<br /> as Contemporaries knew Him.”<br /> <br /> Mr. W. L. Courtney is to deliver two lectures on<br /> “Comedy, Ancient and Modern,” at the Royal<br /> Institution, on the afternoons of February 6th and<br /> 13th. Mr. Alfred Austin and Mr, Henry Arthur<br /> Jones are also to lecture at the same famous Institu-<br /> tion in Albemarle Street.<br /> <br /> i<br /> <br /> AMERICAN NOTES.<br /> <br /> re<br /> <br /> MONG the six books now most in demand<br /> throughout the States I note that only one,<br /> Sir A. Conan Doyle’s “Adventures of<br /> Gerard,” is a work that is not of American author-<br /> ship. This is significant of the growing nationalisa-<br /> tion of our literature. The best English books<br /> still come to us, and are no doubt read and appre-<br /> ciated ; but they are no longer, as they once were,<br /> our exclusive models, and they take, generally<br /> speaking, but a secondary place in the market.<br /> Yet no great star can be said to have risen above<br /> <br /> THE AUTHOR.<br /> <br /> our horizon of late ; nor has any American work of<br /> such wide appeal as Mr. Morley’s “ Life of Glad-<br /> stone” been issued on this side. The advance is<br /> rather horizontal than vertical, to say truth.<br /> <br /> As if to atone for the loss of Frank Norris’s<br /> promise, Mr. Jack London has sprung up and<br /> attained something like distinction already. But<br /> the merits of his “Call of the Wild” must be too<br /> well known to readers of Zhe Author to require<br /> comment from me at this time of day. He has<br /> no doubt a great future before him. But Mr.<br /> London’s book stands second in the list of “ big<br /> sellers.” At the top is a spirited tale of the<br /> Civil War by Mr. John Fox, junior. The scene<br /> of “The Little Shepherd of Kingdom Come”<br /> is the border state of Kentucky, and its most im-<br /> portant character, John Morgan, the raider ;<br /> though Grant is introduced. The book naturally<br /> challenges comparison with Winston Churchill’s<br /> «The Orisis.”<br /> <br /> Another civil war story—not so good, though,<br /> as Mr. Fox’s—is Frederick Palmer’s “ The Vaga-<br /> bond,” which contains some well described war<br /> scenes, notably a vivid account of the battle of<br /> Bull Run.<br /> <br /> Among the established favourites in historical<br /> fiction Mr. Chambers has added to his record “ The<br /> Maids of Paradise,” who are not houris, but<br /> damsels of a Breton village. The period is that of<br /> the Franco-German War. Brittany is also the<br /> scene of Margaret Horton Potter&#039;s ‘‘ Castle of<br /> Twilight”; but in this case it is the old-world<br /> feudal province. Cyrus Townsend Brady has<br /> deserted the historical field and broken new<br /> ground in “A Doctor of Philosophy”; but his<br /> success can scarcely be described as unqualified.<br /> <br /> Two notable novels of modern life, each by a<br /> woman, treat of university society. Miss Anna<br /> McClure Sholl, in “The Law of Life,” recounts<br /> the struggle of a Puritan conscience with femi-<br /> nine instinct, and also raises the difficult problem<br /> of the relations of a university towards a meddling<br /> and not too scrupulous benefactor. The author is<br /> generally supposed to have had Cornell in her<br /> mind—not that the circumstances exist there.<br /> “he Millionaire’s Son,” by Mrs. Robeson Brown,<br /> is also concerned with a moral conflict, in this case<br /> between the wish to carry on the paternal business —<br /> and an overpowering scholarly bent inherited from<br /> a grandfather.<br /> <br /> James Lane Allen has once more exhibited his.<br /> fine sense for style; but “The Mettle of the —<br /> Pasture,” like “The Reign of Law,” falls far —<br /> below the high standard attained by the book ~<br /> which gave him fame.<br /> <br /> The strangely-named “ Silver Poppy” (it is the —<br /> title of the heroine’s first novel) by Arthur<br /> Stringer, is a striking but imperfectly-conceived —<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> tale of love and literature in New York. The<br /> latter, represented by the American woman, gets<br /> the better of the former in the person of an Eng-<br /> lish journalist.<br /> <br /> Thomas Dixon’s “The One Woman” has<br /> attained popularity rather on account of its subject<br /> —socialism and sex—than its literary merits,<br /> which are of the sensational order.<br /> <br /> George Barr McCutcheon has made an ambitious<br /> experiment in “The Sherrods,” which has been<br /> the fictional attraction of the Bookman during the<br /> greater part of the year. Other novelists who have<br /> fully maintained their reputations are Mr. Stewart<br /> White with “The Forest,” Charles Major in<br /> “A Forest Hearth,’ and Mrs. Wharton in ‘“ The<br /> Sanctuary.”<br /> <br /> Of the older hands, I remark that Kate Douglas<br /> Wiggin figures among the big sellers with her<br /> “Rebecca of Sunnybrook Farm.” Mr. Marion<br /> Crawford has written another story of Roman<br /> life ; and Mr. Howells, in “Letters Home,” has<br /> handled with great skill the difficult instrument<br /> of epistolary fiction. é<br /> <br /> A slight but well-nigh perfect piece of work is<br /> Miss Alice Brown’s ‘‘ Judgment,” in which justice<br /> and mercy in the person of a husband and wife are<br /> most artistically contrasted; and a word of praise<br /> should be given to Mrs. Tilia W. Peattie’s pretty<br /> collection of tales called ‘“‘ The Edge of Things.”<br /> <br /> We pass to more solid literature, after remarking<br /> that Mormonism has found a novelist in the author<br /> of “The Spenders,” who has dealt with the subject<br /> in his “Lions of the Lord”; and the multi-<br /> millionaire his exposer in Mr. David Graham<br /> Phillips, whose “Master Rogue” is to be com-<br /> mended to the perusal of anyone in danger of<br /> becoming one.<br /> <br /> In biographical publications this fall has been<br /> rather prolific. The two outstanding books in this<br /> department have been, of course, the posthumous<br /> recollections of Richard Henry Stoddard and the<br /> autobiography of Senator Hoar ; but there are others<br /> scarcely inferior to them in interest. Stoddard,<br /> whose work was finished for him by Mr. Ripley<br /> Hitchcock, and introduced by his life-long friend,<br /> Edmund Clarence Stedman, has something interest-<br /> ing to say of most of his literary contemporaries,<br /> not a few of whom he knew intimately. Lowell,<br /> Bryant, Poe, N. P. Willis, and especially Bayard<br /> Taylor, the translator of “ Faust,” are celebrities<br /> who cross his pages ; but probably the chief interest<br /> of them lies in the account of his own boyhood and<br /> early struggles.<br /> <br /> Senator Hoar’s “ Autobiography of Seventy<br /> Years” covers a somewhat similar period in the<br /> political world. The eminent Republican was at<br /> <br /> Harvard under Channing, made his first public<br /> speech, in 1850, at Worcester, Mass., as a substitute<br /> <br /> 93<br /> <br /> for Judge Allen, and in 1880 presided over the<br /> party convention at which Garfield was nominated<br /> for the Presidency. A great admirer of Grant, he<br /> gives a pointed description of his unconciliatory<br /> manners. Always a strong partisan, he explains<br /> to his readers that he has never given a vote<br /> against his conscience and justifies his adhesion<br /> to Imperialism.<br /> <br /> Searcely less important than the works I have<br /> just glanced at is General John B. Gordon’s<br /> “‘ Reminiscences of the Civil War,” which presents<br /> various aspects of the great struggle from the<br /> Confederate view-point, but in a thoroughly im-<br /> partial spirit and in a most entertaining, simple<br /> style. The writer held important commands at<br /> the first battle of Bull Run, at Antietam, and<br /> Gettysburg ; was largely responsible for the sur-<br /> prise at Cedar Creek; and was with Lee in the<br /> last despairing efforts of the South. The General<br /> thinks that the war strengthened the American<br /> character ; and his geniality pervades a book which<br /> is equally instructive and amusing, abounding, as<br /> it does, in good stories. “My Own Story, with<br /> Recollections of Noted Persons,” by John Townsend<br /> Trowbridge, contains anecdotes of some of the great<br /> New England writers, such as Holmes, Emerson,<br /> Bronson Alcott, and Walt Whitman, and some<br /> curious evidence as to the undoubted influence of<br /> the Concord sage upon the author of ‘“ Leaves of<br /> Grass.”<br /> <br /> Not the least remarkable of autobiographic<br /> works is Miss Helen Keller’s story of her wonder-<br /> ful education, partly told in her own words, partly<br /> in those of the gifted teacher whose genius and<br /> patience enabled her, with her imperfect senses, to<br /> stand at least on a level with normally-endowed<br /> mortals. In this connection it may also be men-<br /> tioned that the daughters of Dr. Howe, the famous<br /> teacher of the blind and deaf mutes, have recently<br /> published an account of how he educated Laura<br /> Bridgman.<br /> <br /> Another book has been written upon Thomas<br /> Jefferson ; and a personage nearer our own day,<br /> Henry Ward Beecher, has found a biographer in<br /> Dr. Lyman Abbott.<br /> <br /> An admirable survey of American literature<br /> appeared early in the fall from the pen of<br /> Professor William P. Trent.<br /> <br /> “American Tariff Controversies,” by Edward<br /> Stanwood, is a work which will, no doubt, be<br /> studied by others besides the author’s countrymen.<br /> It merits attention from the thorough and com-<br /> prehensive manner in which the subject is treated.<br /> <br /> Consternation must have been experienced in<br /> some quarters after the perusal of a little book<br /> with the seemingly harmless title of “The Home:<br /> its Work and Influence”; for the author, Mrs.<br /> Charlotte Perkins Gilman, has dared to belittle<br /> 94<br /> <br /> the domestic virtues, to maintain that cooking<br /> should not be done at home, and to brand with<br /> the fearful accusation of arrogance the mother<br /> who undertakes the sole training of her own<br /> child.<br /> <br /> The veteran author, Thomas Bailey Aldrich,<br /> has given fresh delight to the reading public by<br /> his quaintly - named “Ponkapog Papers”; and<br /> Mark Twain has republished in a revised form<br /> that ancient favourite “The Jumping Frog.”<br /> Mr. Clemens has also been turning his attention<br /> to those tiresome people, the votaries of “ Christian<br /> Science.”<br /> <br /> ‘A new science, called “ Anthropo-Geography,”<br /> would seem to have arisen, and its first American<br /> exponent is Miss Ellen Semple in her “ American<br /> History and its Geographic Conditions.”<br /> <br /> In the purely historical field we have had two<br /> new books on the Civil War, the one by Mr. Birk-<br /> beck Wood and Colonel Edwards, the other by Dr.<br /> Guy Carleton Lee, in addition to E. Benjamin<br /> Andrews’s supplement to his “ History of the last<br /> Quarter Century.”<br /> <br /> A highly interesting work, which takes us some<br /> considerable way further back, is Thomas A. Jan-<br /> vier’s “The Dutch Founding of New York.”<br /> <br /> Reuben Gold Thwaites has done good service<br /> by his careful editing of a reprint of Father Louis<br /> Hennequin’s “ New Discovery” (1698) ; and he is<br /> now engaged upon an edition of the “ Original<br /> Journals of Lewis and Clark.” He has also pub-<br /> lished a volume of historical essays in western<br /> history. a.<br /> <br /> Three new volumes of the extensive work of<br /> Emma Helen Blair and James Alex Robertson<br /> upon the “Philippine Islands” have appeared ;<br /> and Arthur Howard Noll has written more upon<br /> the history of Mexico. Mr. Francis Johnson’s<br /> compilation, “ Famous Assassinations of History,”<br /> ranges from Philip of Macedon to the late King<br /> and Queen of Servia, and is a veritable bath of<br /> international gore. -<br /> <br /> Among curious nondescript works I notice the<br /> anonymous “ Wanted—A Wife,” by “ A Bachelor,”<br /> just issued by Daniel V. Wien, of New York.”<br /> It is not surprising to learn that two editions of<br /> this were quickly disposed of.<br /> <br /> The Poe revival still continues. The latest<br /> evidence is Mr. Sherwin Cody’s critical edition<br /> executed for A. C. McClurg &amp; Co.<br /> <br /> Some unpublished extracts from Emerson’s<br /> private journals are to see the light in the<br /> Atlantic Monthly during next year. They will be<br /> welcome, though one has heard a great deal of the<br /> philosopher-poet of late. But it is really to be<br /> hoped that the last has now been heard of Mistress<br /> Margaret Fuller and her egregious love-letters.<br /> <br /> Two meritorious contributions to philosophical<br /> <br /> THE AUTHOR.<br /> <br /> study have appeared in America during the past<br /> year. Dr. William Turner’s “History of Philo-<br /> sophy” comes from Boston; Mr. Arthur Stone<br /> Dewing’s more popular “ Introduction to the History<br /> of Modern Philosophy ” from Philadelphia. Pro-<br /> fessor J. Laurence Laughlin has issued a first<br /> instalment of the extensive work which he con-<br /> templates upon the “Principles of Money.” He<br /> is a strenuous upholder of the policy of adherence<br /> to a gold standard. He has evolved a new theory-<br /> of credit. Other economical works which may<br /> be of interest to students are Miss Breckridge’s<br /> “Legal Tender” and Professor William A. Scott’s<br /> “Money and Banking.”<br /> <br /> Photogravure portraits of the Presidents adorn<br /> the new edition which Messrs. Harper are bringing<br /> out of President Woodrow Wilson’s ‘‘ History of<br /> the American People.”<br /> <br /> Our obituary list is neither long nor important.<br /> It contains the names of Colonel Richard Henry<br /> Savage, best known as the author of “ My Official<br /> Wife,” who just lived to see in print his last book,<br /> “Monte Christo in Khaki”; of Mrs. Elizabeth<br /> Cherry Waltz, a hard-working journalist who wrote<br /> the humorous “ Pa Gladden” stories; of General<br /> Edward McGrady, the historian of South Carolina ;<br /> and of James Robert Gilmore, founder of the Con-<br /> tinental Monthly, editor of the ‘Cyclopedia of<br /> American Biography,” and author of several novels<br /> of Southern life published under the pseudonym<br /> “ Edmund Kirke.” The last was a personal friend<br /> of Lincoln and Greeley, as well as the intimate of<br /> Longfellow and Holmes.<br /> <br /> PARIS NOTES.<br /> <br /> 1<br /> <br /> HE Academy prizes were distributed at the<br /> fe annual meeting at the close of the year. A<br /> prize for his poem on “ Victor Hugo ” was<br /> awarded to M. Depont. The Toirac prize fell to<br /> M. Donnay for his play, “L’Autre Danger.”<br /> Madame Bentzon received the Née prize, and M.<br /> Boissier spoke in the highest terms of her work,<br /> and at the same time indulged in a side-thrust at<br /> certain novels which have recently been published.<br /> “On ge souvient,’’ he said, “ que sa réputation a<br /> commence par des romans qui ont eu ce privilege<br /> rare d’obtenir un grand succés, sans rien cotter a<br /> la dignité de son caractere. . . . Le prix Née, que<br /> nous donnons 2 Mme. Béntzon, nous |’avions<br /> décerné, il y a deux ans, 8 Mme. Arvéde Barine.<br /> L’ Académie a tenu a rapprocher ces deux poms: ils<br /> sont l’honneur des femmes de France. Ils mon-<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> trent, une fois de plus, qu en littérature il n’y a<br /> pas de privilége pour un sexe, et qu’une femme,<br /> quia du talent, n’a pas besoin de se mettre en<br /> révolte, de former des ligues et de s’armer en<br /> guerre contre la société pour obtenir la renommée,<br /> quand elle la mérite.”<br /> <br /> M. Boissier spoke highly of the novels by Henry<br /> Bordeaux, Claude Ferval, Plessis, Yunga, Moreau,<br /> and de Comminges. He then mentioned the<br /> authors of various works of education, history and<br /> biography, terminating with M. Pierre de Nolhac,<br /> who received the Gobert prize for his admirable<br /> series of works on Versailles and its historical<br /> personages.<br /> <br /> France is the country par excellence where art<br /> and literature are appreciated and encouraged.<br /> <br /> After the Academy prizes came those awarded<br /> annually by the Société des Gens de Lettres to<br /> talented writers.<br /> <br /> Among the names of the authors to whom this<br /> year’s prizes have been given are: MM. Camille<br /> Lemonnier, Georges d’Esparbes, Louis de Robert,<br /> Junka, Dalsem, Champol and Pascal. Women<br /> writers also come in for their share of the awards.<br /> Mme. Brada, Mme. de Peyrebrune, Mlle. Maugeret<br /> and Mme Lafon, have received prizes varying from<br /> £20 to £12.<br /> <br /> Some excellent articles have appeared in many<br /> of the French reviews and papers on Herbert<br /> Spencer, who was greatly appreciated in France.<br /> <br /> In a book recently published by M. Gabriel<br /> Compayré there are some interesting pages on the<br /> life and works of Spencer.<br /> <br /> A French journalist in London, writing to one<br /> of the principal papers here, was struck with the<br /> evident lack of appreciation of the great philosopher<br /> in England. He says that ninety-nine out of<br /> every hundred of Herbert Spencer’s compatriots<br /> ignore not only the works of the great man who<br /> has just passed away, but even his name. He<br /> goes on to say that it is one of the characteristics<br /> of the English people that they are not attracted<br /> by the works of their greatest writers, their greatest<br /> thinkers and their greatest savants.<br /> <br /> The first book published by M. René Bazin,<br /> since his election to the Academy, is entitled<br /> “Récits de la Plaine et de la Montagne.” Itis a<br /> most charming description of travels in various<br /> countries, with anecdotes and stories which add<br /> greatly to the interest of the volume. There are<br /> chapters entitled : “Journal de Route au bord du<br /> Rhone” ; “Une Excursion de Chasse en Hol-<br /> lande”; “Histoire de Dindons”; “ Dans la<br /> banlieue de Londres”; “ Le Palefrenier du Prince<br /> de Galles” ; “ Un Village de Savoie” ; “ La Forét<br /> de Méria”; “La Vallée d’Aoste” and “Le<br /> Registre d’un Ouré.”<br /> <br /> A book by M. André Fontaine, entitled “ Con-<br /> <br /> 95<br /> <br /> férences inédites de |’ Académie Royale de Pein-<br /> ture et de Sculpture,” is well worth reading. In<br /> the days of Colbert, lectures were given by the<br /> French Academicians on the merits and faults of<br /> celebrated pictures. Discussions were held on<br /> subjects connected with art, for the benefit of the<br /> students of the Ecole des Beaux Arts, the other<br /> Academicians and artists generally.<br /> <br /> M. Fontaine has collected some of these lectures<br /> and published a volume of them. The most<br /> interesting are those by de Champaigne and Le<br /> Brun, on the question of the primary importance<br /> of drawing or colour in a picture.<br /> <br /> There are others on the merits and faults of<br /> many celebrated pictures by Raphael, Titien,<br /> Poussin and other artists.<br /> <br /> “ Mélanges de Littérature et d’Histoire ” is the<br /> title of a most entertaining book by M. A. Gazier,<br /> on various subjects. Among other articles there<br /> is one on Pascal and Mile. de Roannés, another on<br /> the Abbé de Prades, and a letter from Voltaire<br /> giving some interesting details about his sojourn<br /> and his private affairs at Potsdam. There is also<br /> an account, which reads like a novel, of an<br /> extraordinary woman who lived alone for several<br /> years in the mountains of the Pyrenees. She<br /> belonged to a noble family, but at the age of<br /> fifteen, to avoid marrying, escaped from her own<br /> people and lived as a servant.<br /> <br /> There are other interesting studies in the volume<br /> on the subject of Moliére, and the probability that<br /> the Prince de Conti served as the model for<br /> “Tartuffe.”<br /> <br /> Among the new books are “ Le Second Rang<br /> du Collier,’ by Mme. Judith Gautier; “ Caglios-<br /> tro,” by M. d’Alméras ; “ Propos Littéraires,” by<br /> M. Faguet ; “ L’Empire du Milieu,” by Elisée et<br /> Onésime Reclus, and among the illustrated books<br /> specially intended for New Year’s gifts are<br /> “T’Epopée Biblique,” with fifty engravings from<br /> Gustave Doré’s works; “ La Lune Rousse,” by<br /> Champol ; “ L’Année frangaise: Un héros par<br /> jour,” by Ponsonailhe ; “ Aux pays de la Priére,”<br /> by Henri Guerlin, and “La vieille France qui<br /> s’en va,” by Charles Géniaux.<br /> <br /> A book which should be specially interesting to<br /> the English has just been written by M. Henry<br /> d’Allemagne. ‘The title is “Sports et Jeux<br /> d’adresse,” and all games and sports are traced to<br /> their origin, with a series of coloured illustrations<br /> to show the modifications our present games have<br /> undergone.<br /> <br /> The question is once more being raised whether<br /> actors shall be admitted as Academicians to the<br /> Institute of France.<br /> <br /> M. Mounet Sully, by presenting himself for<br /> election, opens a debate which will be followed<br /> everywhere with the keenest interest.<br /> <br /> <br /> <br /> 96<br /> <br /> “Le Retour de Jérusalem” is one of the finest<br /> pieces that M. Maurice Donnay has written. The<br /> idea upon which the play appears to be based is<br /> that there exists between the Jewish and the<br /> Aryan races a gulf which cannot be bridged over,<br /> and that any attempt to unite them must prove a<br /> failure. oe<br /> <br /> In this play Michel Aubier is a Christian, and<br /> Judith de Chouzay a Jewess, who has adopted the<br /> Catholic religion in order to marry the Viscount<br /> de Chouzay. Michel, too, is married, but imagin-<br /> ing that they are in love with each other, he and<br /> Judith leave their respective homes in order to<br /> unite their destinies. They discover, when too<br /> late, their mistake. Their ideas, their principles<br /> and their habits are so totally different that in the<br /> end they decide to separate. Such in brief is the<br /> piece, which as a psychological study is most<br /> fascinating. The dialogue is brilliant, as in all<br /> M. Donnay’s plays, and the character of Michel an<br /> excellent portrait of the modern Frenchman.<br /> Mme. Le Bargy, M. Dumény, and Mlle. Mégard<br /> interpret their réles to perfection.<br /> <br /> The first night of M. Sardou’s new play “La<br /> Sorciére,’ has been one of the great theatrical<br /> events of the month. At the close of the dress<br /> rehearsal, Madame Sarah Bernhardt received an<br /> ovation, and many of the principal artistes and<br /> dramatic authors came forward to offer their<br /> congratulations.<br /> <br /> It is with the greatest pleasure that everyone<br /> sees M. Bour at last in a suitable theatre. The<br /> piece he is now giving, “Cadet Roussel,” by<br /> M. Jacques Richepin, is, thanks to his excellent<br /> interpretation, so great a success that M. Bour has<br /> been compelled to move to the Porte St. Martin.<br /> Some two years ago, in the famous play<br /> “ Alleluia,” M. Bour made his mark, and with a<br /> small company of artistes started the International<br /> Thédtre for the production of plays from all<br /> languages.<br /> <br /> In every piece M. Bour had great success, and<br /> his removal to a larger theatre, on the Boulevards,<br /> will probably make him a formidable rival for M.<br /> Antoine.<br /> <br /> La Renaissance Latine has some very interesting<br /> articles in the December number. Among others:<br /> “« Les Idées littéraires de Nietzsche,” by M. Emile<br /> Faguet ; some letters to the “Bon Ange,” from<br /> Mirabeau; “ L’Esprit romain et l’Art francais,” by<br /> M. Mauclair, and “La Crise méridionale en<br /> Italie.”<br /> <br /> Anys HALLARD.<br /> <br /> THE AUTHOR.<br /> <br /> THE CONTRACT OF BAILMENT. ©<br /> <br /> —<br /> <br /> TYNHE point which “ G. H. T.” has raised, under<br /> the above heading, in the December number<br /> of The Author, is of great practical interest<br /> <br /> to authors, editors, and publishers; and it is<br /> <br /> eminently desirable that it should be settled.<br /> <br /> “G. H.T.” has put the author’s view. Leaving<br /> <br /> the publisher to speak for himself, I propose to say<br /> <br /> a word on behalf of the editor, merely premising<br /> <br /> that, being myself, in a humble way, also a writer,<br /> <br /> I have no bias against the author’s just claims.<br /> <br /> “q. H. T.’s” arguments are cautiously worded,<br /> as becomes one in his responsible position. But I<br /> think it fair to assume, that he regards an editor to<br /> whom unsolicited MSS. are sent, in the course of<br /> post or by mere messenger, as responsible for<br /> the safety, perhaps even for the return, of the MSS. ;<br /> and this, whether or not the editor has given<br /> public notice disclaiming such responsibility. In<br /> the nature of things, such notice must be indirect ;<br /> it is clearly impossible for an editor to serve per-<br /> sonal notice on every inhabitant of the British<br /> Isles, nor would it, I think, be contended, by any<br /> serious advocate, that he is bound to spend money<br /> in advertising his intentions in the Press.<br /> <br /> It seems to me that “G. H. T.’s” argument is,<br /> to begin with, seriously damaged by the very title<br /> with which he heads his article. As he justly<br /> asserts, bailment is, or at least implies, a contract.<br /> Now a contract, in every system of law with which<br /> I am acquainted —certainly in English law—<br /> requires the co-operation of at least two persons.<br /> One person cannot make a contract ; there must<br /> be the mutual consent of two minds. If I throw<br /> a book in at a man’s window, my act may be<br /> a trespass ; it certainly cannot, of itself, constitute<br /> a contract—of bailment or anything else. The<br /> most favourable interpretation that can be put<br /> upon it is, that it is an offer to sell or lend the<br /> book, which the person into whose house it is<br /> thrown may or may not accept, at his option.<br /> This construction has been put by Courts of Justice,<br /> over and over again, on the act of leaving unsolicited<br /> goods at a house ; and scathing remarks have been<br /> made by judges upon those enterprising persons<br /> who have tried to found a legal claim on such<br /> proceedings.<br /> <br /> “GQ, H. T.” seems, therefore, to me, to miss a<br /> vital point when he says that the question is: “Is<br /> an MS. sent in for the benefit of both parties or<br /> not?” It is not sufficient that the MS. should be<br /> sent for the benefit of both parties; it must also be<br /> accepted for the benefit of both parties.<br /> <br /> And I think that “G@. H. T.” would not care to<br /> argue, that the mere fact of opening an envelope<br /> containing an MS. is an acceptance. How can the<br /> <br /> person to whom a sealed envelope is addressed<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> possibly tell the nature of its contents, until he<br /> opens it? It may contain an article which he has<br /> commissioned, and is anxiously expecting. The<br /> difference between mere receipt and acceptance is<br /> well known to all lawyers, certainly to “G. H. ie<br /> himself.<br /> <br /> But I gather that “G. H. T.” proposes to get<br /> over this difficulty by the bold argument, that the<br /> mere founding of a periodical constitutes, in law,<br /> an offer to accept for consideration any article<br /> which any one may choose to send in. Some<br /> editors do, undoubtedly, make this offer, in express<br /> terms, qualified, however, as a rule, by a disavowal<br /> of liability. Whether such a disavowal would be<br /> deemed legally inconsistent with the general offer,<br /> is a point which I do not care to argue. My point<br /> is, that when no such offer is made by an editor,<br /> &amp; fortiori, when an_ editor expressly warns con-<br /> tributors against sending him their MSS. without<br /> previous communication, no such offer can be<br /> implied from the mere founding of the periodical.<br /> An impresario who opens a theatre does not, surely,<br /> undertake to give every actor who offers his services<br /> a trial ; the proprietor of a private picture gallery<br /> does not offer to admit, or even to examine, the<br /> work of every artist who chooses to send in a<br /> picture. If the theatre or the gallery were public<br /> property, maintained by the State or by public<br /> subscription, the case might be different.<br /> <br /> Ifthe claim of contract be untenable, “G. HLT s?<br /> argument comes to this : that there is a duty upon<br /> an editor, simply as such, or, as the jurist would<br /> say, a duty m rem, to accept for consideration<br /> every MS. sent to him. This is also a startling<br /> argument. Duties in rem are familiar to our law ;<br /> but it is a well-known principle, that such duties<br /> are of a negative character only—v.e., they are<br /> duties to abstain from doing acts which may result<br /> in harm or damage to the public or one’s neigh-<br /> pours. Duties in rem of a positive character—<br /> ie., to do some act at the request of all and sundry,<br /> or at peril of responsibility, arise only from the<br /> express provisions of statute law; and I do not<br /> recollect any Act of Parliament which imposes upon<br /> editors the duty of reading and returning, or of<br /> safeguarding, unsolicited MSS.<br /> <br /> The only exception to this rule which is known<br /> to me, is the duty cast upon a man who harbours<br /> dangerous substances, or embarks upon an under-<br /> * taking peculiarly likely to cause harm, to take all<br /> precautions against the happening of such harm.<br /> But I do not think that “G. H. T.” would be<br /> cynic enough to urge that the founding of a<br /> periodical was an undertaking of such a nature,<br /> <br /> To descend from purely legal argument to the<br /> argument from common sense. Ts it unreasonable<br /> to expect that an author, or his literary agent,<br /> should make himself personally acquainted. with<br /> <br /> 97<br /> <br /> the contents of a periodical to which he proposes<br /> to contribute? If he neglects to do so, how can<br /> he possibly tell whether his proposed contribution<br /> is likely to be at all suitable in matter, style, or<br /> length ? Is not an editor entitled to resent such<br /> neglect as savouring of contempt, or, at least, of<br /> laziness, and indifference to the claims upon his<br /> time? Is he bound to pay a clerk for the express<br /> purpose of returning MSS. which are utterly unsuit-<br /> able for his pages? What would be thought of<br /> the man who wrote to the curator of a library:<br /> “ Herewith I send you a highly intelligent monkey.<br /> If he is not suitable for your shelves, kindly give<br /> him a carefully selected meal, and despatch him by<br /> the 9.55 to Norwich, carriage paid” ? Would<br /> not the librarian be entitled to regard the sender<br /> of the monkey as a troublesome lunatic? If the<br /> author, and, still more, the literary agent—who is<br /> supposed to be a man of business—does not take<br /> the trouble to acquaint himself with the conditions<br /> on which alone the editor has expressed himself as<br /> willing to treat, he has but himself to thank if the<br /> busy editor regards him as a nuisance.<br /> <br /> In conclusion, I may venture to doubt whether<br /> the periodical which is fed entirely, or almost<br /> entirely, by commissioned articles, is not already<br /> more common than “G. H. T.” is inclined to<br /> allow, and whether it is not likely to be still more<br /> common in the future. An organ founded for a<br /> definite purpose, (widely announced in the Press),<br /> drawing its financial support from people interested<br /> in that purpose, and relying on an organised staff,<br /> can hardly win success by any other means. Nor<br /> am I prepared to admit, that such an organ is any<br /> less worthy a product of the Republic of Letters<br /> than the miscellany which aims merely at the<br /> amusement of the leisure hour,<br /> <br /> An EDITOR.<br /> <br /> ———__+ +<br /> <br /> LITERARY, DRAMATIC, AND MUSICAL<br /> PROPERTY.<br /> <br /> +<br /> English “Serials” in the American Market.<br /> <br /> CORRESPONDENT tells us that “serials”<br /> which have appeared in England, and are<br /> copyright both in England and the United<br /> States, even in the journals generally conceded to<br /> buy the best class of serial fiction, do not command<br /> good prices in the United States market. £50 is<br /> a very outside price, and £30 is considered a price<br /> above the average, the general price being £15 to<br /> £20 for the serial use of from 80,000 to 100,000<br /> words, The truth is that the market is severely<br /> limited, owing to the fact that most of the United<br /> States publishers, who go in for this kind of work,<br /> <br /> <br /> 98<br /> <br /> prefer to furbish up and bring up to date, with the<br /> aid of cheap literary hacks, serials which appeared<br /> years ago, and present them, thus “ modernised,” as<br /> new stories to their readers. If this processshould<br /> continue, in the year 2000 the curious may be able<br /> to discover in United States fiction ‘“ Ivanhoe,”<br /> “Vanity Fair,” or “Oliver Twist,” in distorted<br /> form, altered and arranged to suit the decadent<br /> palate of the future American. Comment on this<br /> sort of action is superfluous.<br /> <br /> a So oe.<br /> <br /> MAGAZINE CONTENTS.<br /> <br /> ——+~&lt;— —<br /> BLACKWOOD’s MAGAZINE.<br /> <br /> John Chilcote, M.P. By Katherine Cecil Thurston.<br /> <br /> A Nation at Play: The Peril of Games.<br /> <br /> Silk o’ the Kine: A Tale of the Isles. By Alfred Noyes.<br /> <br /> The Trader of Last Notch. By Perceval Gibbon.<br /> <br /> To. the “Whole Hog”: An Allegorical Ode. By<br /> Dum-Dum.<br /> <br /> Some Big Lost Norway Salmon. By Gilfrid W. Hartley.<br /> <br /> “Sally”: A Study. By Hugh Clifford, C.M.G.<br /> <br /> Heraldry.<br /> <br /> The Appearances at the Black Knoll.<br /> <br /> Herbert Spencer : A Portrait.<br /> <br /> A Turkish Farm.<br /> <br /> The Military Book-shelf.<br /> <br /> Richard Cobden.<br /> <br /> Musings without Method.<br /> <br /> The Earl of Stair.<br /> <br /> THE CORNHILL MAGAZINE.<br /> <br /> The Sea-Born Man. By Mrs. Woods.<br /> <br /> The Truants (Chapters i.—iii.). By A. E. W. Mason.<br /> <br /> Charles Dickens and the Guild of Literature and Art.<br /> By the late Sir John R. Robinson.<br /> <br /> Colonial Memories: Old New Zealand, Il. By Lady<br /> Broome.<br /> <br /> No. 10 Downing Street. By the Right Hon. Sir<br /> Algernon West, G.C.B.<br /> <br /> Blackstick Papers, No, 8. By Mrs, Richmond Ritchie.<br /> <br /> Alms for Oblivion. By Richard Garnett, C.B., LL.D.<br /> <br /> Theodore Hook. By Viscount St. Cyres.<br /> <br /> In a Viceregal City. By Mrs, Archibald Little,<br /> <br /> Historical Mysteries (1.). The Mystery of Kaspar<br /> Hauser, the Child of Europe. By Andrew Lang.<br /> <br /> A Nineteenth Century Philosopher. By F. J. H.<br /> Darton.<br /> <br /> The Young Fisher. By Stephen Gwynn.<br /> <br /> The Ingenuity of Mr. Clinton Bathurst. By T. Baron<br /> Russell.<br /> <br /> LONGMAN’S MAGAZINE,<br /> <br /> Nature’s Comedian :(Chapters xiii., xiv.). By W. E.<br /> Norris.<br /> <br /> Marine Steam Turbines. By Robert Cromie.<br /> <br /> The King’s Nose. By Margaret Armour.<br /> <br /> Some Scouts—but not Scouting. By Captain A. 0,<br /> ‘Vaughan.<br /> <br /> Lament for Fionavar. By Eva Gore-Booth.<br /> <br /> Humours of Eastern Travel. By Louisa Jebb.<br /> <br /> The Brown Puppy. By Ellen Ada Smith.<br /> <br /> Rahel Varnhagen : The German Sibyl of the Nineteenth<br /> Century. By Mary Hargrave.<br /> <br /> At the Sign of the Ship. By Andrew Lang.<br /> <br /> THE AUTHOR.<br /> <br /> PALL MALL MAGAZINE,<br /> <br /> The Children of the Potteries. By the Duchess of<br /> Sutherland.<br /> <br /> The Sensations and Emotions of Aerial Navigation. By<br /> A. Santos Dumont.<br /> <br /> The Guest of the Admiral: The Mediterranean Fleet at<br /> Home. By Arnold White.<br /> <br /> An Episode in a Country House: A Story. By<br /> Frances Harrod (Frances Forbes Robertson).<br /> <br /> A Song. By Lady Lily Greene.<br /> <br /> On the Trail of the Opal. By P. F. 8. Spence (Alex-<br /> ander Macdonald).<br /> <br /> The Lady and the Property: A Story. ByMarie van Vorst.<br /> <br /> Literary Geography : The Bronté Country. By William<br /> Sharp.<br /> <br /> A Matter of Honour: A Story. By R. Neish.<br /> <br /> The Queen’s Quair: Book II., Chapters V., VI. By<br /> Maurice Hewlett.<br /> <br /> Master Workers : X. Sir Oliver Lodge. With portraits.<br /> By Harold Begbie.<br /> <br /> Captives: A Poem. By V. V.<br /> <br /> The Wilderness: A Story. By H. B. Marriott-Watson.<br /> <br /> The Vineyard: Chapters XVIII, XIX. By John<br /> Oliver Hobbes (Mrs. Craigie).<br /> <br /> Benjamin’s Mess: A Story. By Eden Phillpotts.<br /> <br /> Sunrise: A Poem. By E, Nesbit.<br /> <br /> The Round Table :—A Famous Doctor and his Friends.<br /> By Ernest Rhys. Nursery Pictures: ‘Little Jack<br /> Horner.” By S. H. Sime. A Critic Criticised: Mr,<br /> Sidney Lee and the Baconians. By G. Stronach.<br /> <br /> The Month in Caricature. By G. R. H.<br /> <br /> THE WORLD’S WorRK.<br /> <br /> The March of Events: An Illustrated Editorial Record<br /> and Comment.<br /> The Old Year.<br /> The Fiscal Battlefield,<br /> A Step in Civilisation.<br /> Another Little War ? ;<br /> Radium and the Beginnings of Matter.<br /> The Fiscal Issue Joined. By J. St. Loe Strachey (Editor<br /> of the Spectator).<br /> Motorists under the New Act. By Henry Norman, M.P.<br /> A British Industry Really Ruined. By Edwin Sharpe<br /> Grew.<br /> Producing a Pantomime. (Illustrated.)<br /> A Modern London, Office Building. (illustrated.)<br /> Milking Cows by Electricity. (Illustrated.)<br /> The Steam Turbine. (Illustrated.) By Robert Cromie<br /> and Frederick E. Rebbeck,<br /> The. Pressing Question of our Canals. By Edwin<br /> Clements.<br /> The Working of a London Bank. By J. E. Woolacott.<br /> The Lady Chef.<br /> The Wonders of Modern Surgery. (illustrated.) By<br /> C. W. Saleeby, M.B., Ch. B.<br /> Three New Schools. (Illustrated.) By Eustace Miles, M.A.<br /> Scientific Pheasant Farming. (lllustrated.) By W.<br /> Bovill.<br /> <br /> The Work of a Japanese Craftsman, (lllustrated.) By .<br /> <br /> Herbert G. Ponting.<br /> <br /> Municipal Loans for Small Investors. (Illustrated.). By<br /> Edouard Charles.<br /> <br /> British Trade with France.<br /> <br /> The Derwent Valley Waterworks.<br /> <br /> The Making of an American Newspaper.<br /> <br /> The World of Women’s Work.<br /> _ Fresh Eggs and Poultry. illustrated.) “Home<br /> Counties.”<br /> <br /> The Work of the Book World.<br /> <br /> Among the World’s Workers : A Record of Industry.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> WARNINGS TO THE PRODUCERS<br /> OF BOOKS.<br /> <br /> —— +<br /> <br /> ERE are a few standing rules to be observed in an<br /> agreement. There are four methods of dealing<br /> with literary property :—<br /> <br /> I. Selling it Outright.<br /> <br /> This is sometimes satisfactory, if a proper price can be<br /> oltained. But the transaction should be managed by a<br /> competent agent, or with the advice of the Secretary of<br /> the Society.<br /> <br /> II. A Profit-Sharing Agreement (a bad form of<br /> agreement).<br /> <br /> In this case the following rules should be attended to:<br /> <br /> C1.) Not to sign any agreement in which the cost of pro-<br /> duction forms a part without the strictest investigation.<br /> <br /> (2.) Not to give the publisher the power of putting the<br /> profits into his own pocket by charging for advertisements<br /> in his own organs, or by charging exchange advertise-<br /> ments. Therefore keep control of the advertisements.<br /> <br /> (3.) Not to allow a special charge for “office expenses,”<br /> unless the same allowance is made to the author.<br /> <br /> (4.) Not to give up American, Colonial, or Continental<br /> rights.<br /> <br /> (5.) Not to give up serial or translation rights.<br /> <br /> (6.) Not to bind yourself for future work to any publisher.<br /> As well bind yourself for the future to any one solicitor or<br /> doctor !<br /> <br /> Ill. The Royalty System.<br /> <br /> This is perhaps, with certain limitations, the best form<br /> of agreement. It is above all things necessary to know<br /> what the proposed royalty means to both sides. It isnow<br /> possible for an author to ascertain approximately the<br /> truth. From time to time very important figures connected<br /> with royalties are published in Zhe Author.<br /> <br /> IY. A Commission Agreement.<br /> <br /> The main points are :—<br /> <br /> (1.) Be careful to obtain a fair cost of production.<br /> (2.) Keep control of the advertisements.<br /> <br /> (3.) Keep control of the sale price of the book.<br /> <br /> General.<br /> <br /> All other forms of agreement are combinations of the four<br /> above mentioned.<br /> <br /> Such combinations are generally disastrous to the author,<br /> <br /> Never sign any agreement without competent advice from<br /> ‘the Secretary of the Society.<br /> <br /> Stamp all agreements with the Inland Revenue stamp.<br /> <br /> Avoid agreements by letter if possible.<br /> <br /> The main points which the Society has always demanded<br /> from the outset are :—<br /> <br /> (1.) That both sides shall know what an agreement<br /> means.<br /> <br /> (2.) The inspection of those account books which belong<br /> fo 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 /> <br /> (3.) Always avoid a transfer of copyright.<br /> <br /> ————_+—~&gt;»<br /> <br /> WARNINGS TO DRAMATIC AUTHORS.<br /> ———9<br /> “AT EVER sign an agreement without submitting it to the<br /> Secretary of the Society of Authors or some com-<br /> petent legal authority,<br /> 2. {t is well to be extremely careful in negotiating for<br /> the production of a play with anyone except an established<br /> manager,<br /> <br /> 99<br /> <br /> 3. There are three forms of dramatic contract for plays<br /> in three or more acts :—<br /> <br /> (a.) Sale outright of the performing right. This<br /> is unsatisfactory. An author who enters into<br /> such a contract should stipulate in the contract<br /> for production of the piece by a certain date<br /> and for proper publicatioa of his name on the<br /> play-bills.<br /> <br /> (4.) Sale of performing right or of a licence to<br /> perform on the basis of percentages on<br /> gross receipts. Percentages vary between 5<br /> and 15 per cent. An author should obtain a<br /> percentage on the sliding scale of gross receipts<br /> in preference to the American system. Should<br /> obtain a sum in advance of percentages. A fixed<br /> date on or before which the play should be<br /> performed.<br /> <br /> (c.) Sale of performing right or of a licence to<br /> perform on the basis of royalties (i.c., fixed<br /> nightly fees). This method should be always<br /> avoided except in cases where the fees are<br /> likely to be small or difficult to collect. The<br /> other safeguards set out under heading (0.) apply<br /> also in this case,<br /> <br /> 4. Plays in one act are often sold outright, but it is<br /> better to obtain a small nightly fee if possible, and a sum<br /> paid in advance of such fees in any event. It is extremely<br /> important that the amateur rights of one-act plays should<br /> be reserved.<br /> <br /> 5. Authors should remember that performing rights can<br /> be limited, and are usually limited, by town, country, and<br /> time. This is most important.<br /> <br /> 6. Authors should not assign performing rights, but<br /> should grant a licence to perform. The legal distinction is<br /> of great importance.<br /> <br /> 7, Authors should remember that performing rights in a<br /> play are distinct from literary copyright. A manager<br /> holding the performing right or licence to perform cannot<br /> print the book of the words.<br /> <br /> 8. Never forget that United States rights may be exceed-<br /> ingly valuable. ‘hey should never be included in English<br /> agreements without the author obtaining a substantial<br /> consideration.<br /> <br /> 9. Agreements for collaboration should be carefully<br /> drawn and executed before collaboration is commenced.<br /> <br /> 10. An author should remember that production of a play<br /> is highly speculative: that he runs a very great risk of<br /> delay and a breakdown in the fulfilment of his contract.<br /> He should therefore guard himself all the more carefully in<br /> the beginning.<br /> <br /> 11. An author must remember that the dramatic market<br /> is exceedingly limited, and that for a novice the first object<br /> is to obtain adequate publication.<br /> <br /> As these warnings must necessarily be incomplete, on<br /> account of the wide range of the subject of dramatic con-<br /> tracts, those authors desirous of further information<br /> are referred to the Secretary of the Society.<br /> <br /> oe<br /> <br /> WARNINGS TO MUSICAL COMPOSERS.<br /> to<br /> <br /> ITTLE can be added to the warnings given for the<br /> assistance of producers of books and dramatic<br /> authors. It must, however, be pointed out that, as<br /> <br /> a rule, the musical publisher demands from the musical<br /> composer a transfer of fuller rights and less liberal finan-<br /> cial terms than those obtained for literary and dramatic<br /> property. The musical composer has very often the two<br /> rights to deal with—performing right and copyright. He<br /> <br /> <br /> 100<br /> <br /> should be especially careful therefore when entering into<br /> an agreement, and should take into particular consideration<br /> the warnings stated above.<br /> <br /> — ee<br /> <br /> HOW TO USE THE SOCIETY.<br /> <br /> +<br /> <br /> a. VERY member has a right to ask for and to receive<br /> advice upon his agreements, his choice of a pub-<br /> lisher, or any dispute arising in the conduct of his<br /> <br /> business or the administration of his property. The<br /> <br /> Secretary of the Society is a solicitor, but if there is any<br /> <br /> special reason the Secretary will refer the case to the<br /> <br /> Solicitors of the Society. Further, the Committee, if they<br /> <br /> deem it desirable, will obtain counsel’s opinion. All this<br /> <br /> without any cost to the member.<br /> <br /> 2. Remember that questions connected with copyright<br /> and publishers’ agreements do not fall within the experi-<br /> ence of ordinary solicitors. Therefore, do not scruple to use<br /> the Society.<br /> <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 /> <br /> 4, Before signing any agreement whatever, send<br /> the document to the Society for examination.<br /> <br /> 5, Remember always that in belonging to the Society<br /> you are fighting the battles of other writers, even if you<br /> are reaping no benefit to yourself, and that you are<br /> advancing the best interests of your calling in promoting<br /> the independence of the writer, the dramatist, the composer.<br /> <br /> 6. The Committee have now arranged for the reception<br /> of members’ agreements and their preservation in a fire-<br /> proof safe. The agreements will, of course, be regarded as<br /> confidential documents to be read only by the Secretary,<br /> who will keep the key of the safe. The Society now offers :<br /> —(1) To read and advise upon agreements and to give<br /> advice concerning publishers. (2) To stamp agreements<br /> in readiness for a possible action upon them. (3) To keep<br /> agreements. (4) To enforce payments due according to<br /> agreements. Fuller particulars of the Society’s work<br /> can be obtained in the Prospectus.<br /> <br /> 7. No contract should be entered into with a literary<br /> agent without the advice of the Secretary of the Society.<br /> Members are strongly advised not to accept without careful<br /> consideration the contracts with publishers submitted to<br /> them by literary agents, and are recommended to submit<br /> them for interpretation and explanation to the Secretary<br /> of the Society.<br /> <br /> 8. Many agents neglect to stamp agreements This<br /> must be done within fourteen days of first execution. The<br /> Secretary will undertake it on behalf of members.<br /> <br /> 9. Some agents endeavour to prevent authors from<br /> referring matters to the Secretary of the Society; so<br /> do some publishers. Members can make their own<br /> deductions and act accordingly.<br /> <br /> 10. The subscription to the Society is £1 1s. per<br /> annum, or £10 10s. for life membership.<br /> <br /> THE AUTHOR.<br /> <br /> THE READING BRANCH.<br /> <br /> — ++<br /> <br /> EMBERS will greatly assist the Society in this<br /> branch of its work by informing young writers<br /> of its existence. Their MSS. can be read and<br /> <br /> treated as a composition is treated by a coach, The term<br /> MSS. includes not only works of fiction, but poetry<br /> and dramatic works, and when it is possible, under<br /> special arrangement, technical and scientific works. The<br /> Readers are writers of competence and experience. The<br /> fee is one guinea.<br /> <br /> + 2 ——_—_<br /> <br /> NOTICES.<br /> <br /> —<br /> <br /> HE Editor of The Author begs to remind members of<br /> <br /> the Society that, although the paper is sent to them<br /> <br /> free of charge, the cost of producing it would be a<br /> <br /> very heavy charge on the resources of the Society if a great<br /> <br /> many members did not forward to the Secretary the modest<br /> 5s. 6d. subscription for the year.<br /> <br /> Communications for Zhe Author should be addressed to<br /> the Offices of the Society, 39, Old Queen Street, Storey’s<br /> Gate, §.W., and should reach the Editor not later than<br /> the 21st of each month.<br /> <br /> All persons engaged in_ literary work of any kind,<br /> whether members of the Society or mot, are invited to<br /> communicate to the Editor any points connected with their<br /> work which it would be advisable in the general interest to<br /> publish.<br /> <br /> ————_+ + —_<br /> <br /> Communications and letters are invited by the<br /> Editor on all subjects connected with literature, but on<br /> no other subjects whatever. Every effort will be made to<br /> return articles which cannot be accepted.<br /> <br /> —<br /> <br /> The Secretary of the Society begs to give notice<br /> that all remittances are acknowledged by return of post,<br /> <br /> and he requests members who do not receive an<br /> <br /> answer to important communications within two days to<br /> <br /> write to him without delay. All remittances should be —<br /> crossed Union Bank of London, Chancery Lane, or be sent ©<br /> <br /> by registered letter only.<br /> <br /> ———__+—_+—__—_<br /> <br /> THE LEGAL AND GENERAL LIFE<br /> ASSURANCE SOCIETY.<br /> <br /> ot<br /> <br /> N offer has been made of a special scheme of.<br /> <br /> Endowment and Whole Life Assurance,<br /> <br /> admitting of a material reduction off the<br /> <br /> ordinary premiums to members of the Society<br /> Full information can be obtained from J. P. Blake,<br /> <br /> 5<br /> <br /> 158, Leadenhall Street, E.C.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Leval and General Insurance Society (City Branch), —<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ae a<br /> <br /> ne<br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> AUTHORITIES.<br /> <br /> —————<br /> <br /> WE see in an extract from the Westminsier<br /> Gazette that the Société des Gens de Lettres has<br /> recently inherited two legacies, one of them<br /> valued at 35,000 francs, and the other, consisting<br /> of real property, estimated to produce 18,000 francs<br /> when realised. Both these legacies will go to sup-<br /> port the Pension Fund of the Société.<br /> <br /> The Société des Gens de Lettres is a wealthy<br /> society owing to the fact that it has certain rights<br /> over the works of members who belong to it, and<br /> <br /> can obtain financial support from the sale of these -<br /> <br /> rights.<br /> <br /> An arrangement of this kind would, of course, be<br /> impossible under the constitution of our Society,<br /> but no doubt, as time goes on, the capital at the<br /> back of the Society will be increased by grateful<br /> members either during their lifetime by donations<br /> or after their death by legacies, till the time<br /> will at length come when neither the Society<br /> nor the Society’s Pension Fund will need further<br /> assistance.<br /> <br /> The Société des Gens de Lettres, it is stated,<br /> has at the present time 145 pensioners, but the<br /> value of the pensions are only £12 a year, and are<br /> awarded as a matter of right to the members of<br /> the Société in order of seniority whenever funds<br /> permit. Many of the more wealthy authors who<br /> are members waive their rights to the pensions to<br /> which they are entitled.<br /> <br /> Mr. J. R. Kewry, of “ The London Directory,”<br /> has been interviewed by a correspondent of a daily<br /> paper. He made one point referring to copyright<br /> which was amusing as well as instructive.<br /> <br /> Infringement of copyright in a directory is<br /> often exceedingly hard to prove, as the facts con-<br /> tained in its pages are, as a rule, open to all<br /> parties ; and as long as anyone acting bond fide<br /> goes to the original source for information so long<br /> may he make use of that information in any way<br /> that seems fit to him.<br /> <br /> We do not refer to the question of the peculiar<br /> form in which the information may be conveyed to<br /> the public, this is another and difficult branch of<br /> copyright ; for instance, in the case of the “A. B. C.<br /> Railway Guide,” there is a certain copyright, not<br /> in the matter, but in the form.<br /> <br /> Mr. Kelly tells how on one occasion a certain<br /> merchant came to his office and said he had been<br /> asked to advertise in a new directory that was<br /> guaranteed a circulation of 15,000 copies. Mr.<br /> Kelly was naturally interested, and looked at the<br /> Copy which the merchant brought with him.<br /> <br /> <br /> <br /> 101<br /> <br /> He referred to one name in the directory, and<br /> seeing the manner in which it had been spelt he<br /> was at once aware that the contents had been<br /> stolen from his own book, as he had himself in-<br /> vented the name and inserted it. Mr. Kelly’s<br /> firm started a prosecution and won the day, and<br /> all copies of the pirated book were ordered to be<br /> destroyed.<br /> <br /> We quote Mr. Kelly’s own words.<br /> <br /> “TI shall never forget the ferocious question put<br /> to me in cross-examination by the defendant’s<br /> counsel. ‘ What,’ he cried, ‘do you stand there,<br /> Mr. Kelly, and confess that you, a gentleman of<br /> honour and position, were actually laying a trap ?’<br /> ‘You have to lay traps to catch vermin,’ I took<br /> the liberty of replying.”<br /> <br /> The counsel, no doubt, felt the rebuke.<br /> <br /> This calls to mind another story of copyright<br /> infringement, where the result was equally satis-<br /> factory to the real owner. We believe it occurred<br /> to Mr. Gambier Boulton, the well-known photo-<br /> grapher of wild animals, but cannot at the moment<br /> verify the statement. The hero of the story,<br /> whoever he was, had, with considerable difficulty,<br /> after watching for many days, photographed one<br /> of the lions at the Zoological Gardens in the act of<br /> yawning. On this photograph great time and<br /> trouble had been expended, and he was, in conse-<br /> quence, very proud of the result. Not long after-<br /> wards he found the photograph reproduced in a<br /> magazine, and brought an action for infringement.<br /> The magazine contributor defended the case, and<br /> stated that the photograph was original and was<br /> not a copy. The reply from the plaintiff was<br /> conclusive.<br /> <br /> “It is a curious point,” he said, “that both<br /> lions we have photographed should have had a<br /> cancer on their tongues.”<br /> <br /> The Court gave a verdict for the plaintiff.<br /> <br /> THE Nobel Prize for literature has this year<br /> been assigned to the great Norwegian author,<br /> Bjornstjerne Bjornson.<br /> <br /> There was a report current that this would be<br /> <br /> - the case, and we think the Stockholm Committee<br /> <br /> amply justified in their selection. Mr. Bjornson<br /> was born on the 8th of December, 1832, and is,<br /> therefore, now in his seventy-second year.<br /> <br /> Though a constant traveller, he spends most of<br /> his summer on a little farm which he has purchased<br /> in the heart of Norway.<br /> <br /> His works are well known in this and all<br /> English-speaking countries, and many of them<br /> have been translated. He is not only a novelist,<br /> but a dramatist and a poet.<br /> <br /> <br /> 2,<br /> <br /> 102<br /> <br /> «Tye Amalgamated Press,” Limited, according<br /> to the papers which have given reports of the<br /> annual meeting, is in a flourishing condition.<br /> <br /> Mr. Alfred C. Harmsworth stated that the<br /> company, after writing off £25,000 for depreciation,<br /> had £266,000 to divide as dividends, and further<br /> if this is not aslip of the pen) had made a nett<br /> profit of £180,000 out of “With the Flag to<br /> Pretoria.”<br /> <br /> These figures are exceedingly interesting to all<br /> members of the profession of authorship.<br /> <br /> If the publishers have made these enormous<br /> profits, no doubt the authors employed have<br /> received their fair and just remuneration at the<br /> same time. We have much pleasure, therefore, in<br /> congratulating the author of “ With the Flag to<br /> Pretoria”? on the small fortune which he must<br /> <br /> have acquired.<br /> <br /> —————<br /> <br /> On December 10th, in the Guildhall Library,<br /> the bust of Geoffrey Chaucer was unveiled. It<br /> was presented by Sir Recinald Hanson, and was<br /> the work of Mr. George Frampton, R.A.<br /> <br /> Many distinguished men were present, either<br /> writers or those who take an interest in literature.<br /> <br /> The ceremony of unveiling was undertaken by<br /> Dr. Furnivall, the Chaucer scholar and founder of<br /> the Chaucer Society.<br /> <br /> Mr. Alfred Austin, the Poet Laureate, seconded<br /> a resolution thanking Sir Reginald Hanson for the<br /> gift.<br /> That the work should have been placed in the<br /> Guildhall Library has a point of interest beyond<br /> the literary. Chaucer was not only a poet, but a<br /> commercial man and a diplomatist. He was<br /> despatched to Genoa in 1372 as the representative<br /> of England in order to bring about a commercial<br /> treaty with that city. The members of the Corpora-<br /> tion have therefore every reason to look upon him<br /> as one of themselves.<br /> <br /> We have much pleasure in printing on another<br /> page a_ short article referring to the sale of<br /> the MS. of “Paradise Lost,” and Mr. Sidney<br /> Lee’s letter which appeared in The Times of<br /> December 14th.<br /> <br /> ‘A matter so important to all lovers of literature<br /> cannot be too often placed before the public. It is<br /> hoped, with the help of Mr. Lee and many others<br /> who prize English literature and its connections,<br /> <br /> that it will be possible to save the MS. from being<br /> taken out of England.<br /> <br /> We feel sure that any National movement for<br /> its purchase will obtain the ready support of all<br /> Members of the Society.<br /> <br /> THE AUTHOR.<br /> <br /> SHOULD WELL-KNOWN WRITERS<br /> “FARM OUT” FICTION ?<br /> <br /> ———<br /> From THE COMMITTEE.<br /> <br /> L the first of the notices which are regularly<br /> inserted on the first page of Zhe Author it is<br /> announced that “ For the opinions expressed<br /> <br /> in the papers that are signed or initialled the<br /> authors alone are responsible. None of the papers<br /> or paragraphs must be taken as expressing the<br /> opinion of the Committee, unless such is especially<br /> stated to be the case.”<br /> <br /> The Committee had considered, and their atten-<br /> tion has now been called by more than one<br /> member of the Society to, an article on pages<br /> 80 and 81 of the December number, signed<br /> “Proxy,” and entitled, “Should Well-known<br /> Writers ‘Farm-out’ Fiction ?”<br /> <br /> The correspondents appear to assume, Or to<br /> imagine that others might assume, that the pub-<br /> lication of this article may, in the absence of<br /> editorial comment, be taken to imply that the<br /> Committee think the view put forward in it is<br /> worthy to be taken seriously.<br /> <br /> By many readers of Zhe Author the article<br /> was regarded as an ironical jew @esprit, but it<br /> has been accepted by others as a bond fide de-<br /> fence of an existing practice, and it is undoubtedly<br /> open to this interpretation.<br /> <br /> The Committee, therefore, to avoid possible<br /> misunderstanding, feel it their duty to say that,<br /> in their opinion, such practices as are described<br /> and defended by “Proxy” are gravely discredit-<br /> able to those concerned, and constitute a gross<br /> fraud both on the publisher and the public.<br /> <br /> In thus expressing their opinion on the points<br /> raised in “ Proxy’s” article, the Committee, it may<br /> be well to add, must not be understood to condemn<br /> such forms of co-operation as are frequently<br /> resorted to in works involving extensive research,<br /> or where, in other branches of literature, the<br /> co-operation is acknowledged in such a manner<br /> that no purchaser can reasonably complain of<br /> having been misled.<br /> <br /> <br /> <br /> Tur Editor has received from Members of the<br /> Society a number of letters which would more<br /> than fill the space reserved for correspondence in<br /> the present number, commenting on “ Proxy’s”<br /> article. Having before their receipt been in-<br /> structed to insert the note from the Committee<br /> printed above, which meets most of the points<br /> raised by his correspondents, he has, with the<br /> Commitiee’s approval, refrained from publishing<br /> <br /> any selection from these letters in the current<br /> <br /> number.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> aeuneey<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> HERBERT SPENCER, 1820—1903.<br /> <br /> an ep<br /> <br /> . HE suns go swiftly out, and I see no suns to<br /> follow; nothing but a universal twilight<br /> of the semi-divinities.” So wrote Robert<br /> <br /> Louis Stevenson, apropos of the deaths of Renan,<br /> Browning, and Tennyson, and his plaint has echo<br /> among those who have sat at the feet of departed<br /> masters in scienceand philosophy—Darwin, Huxley,<br /> Spencer. For thoughts of a vanished day rather<br /> than of a coming dawn are uppermost ; thoughts<br /> restrained only by the knowledge that the influence<br /> of these teachers, men of lofty aims and unsullied<br /> life, is a part of our imperishable heritage, and<br /> that, consciously or not, we are swayed by it to<br /> further, as at our poor best we may, their high<br /> emprise.<br /> <br /> The obituary notices of Herbert Spencer have<br /> familiarised us with the outlines of his career. No<br /> eventful one, such as comes to men of action, yet<br /> full of incident in struggle bordering on the heroic,<br /> in unflinching purpose and large accomplishment.<br /> Son of a Derby schoolmaster, he was educated<br /> partly at home, partly by an uncle; then came<br /> nine years of civil engineering, with little heart in<br /> the work, and, ultimately, escape into journalism.<br /> In 1850, while sub-editing the Hconomist, Spencer<br /> published “ Social Statics,” wherein ‘“ the conditions<br /> essential to human happiness are specified, and the<br /> relation of them to a general law of development<br /> indicated.” In this last phrase the keynote of his<br /> life-work is struck. One chapter of the book<br /> contains hints of the great doctrine with which<br /> Spencer’s name is associated for all time, while<br /> throughout the book there is present the feeling<br /> that, in the words of Hume, “all sciences have a<br /> relation, greater or less, to man.”<br /> <br /> Neither in the moral nor the material sphere is<br /> their special creation. All that has been achieved,<br /> whether in discovery, invention, or speculation<br /> which research has confirmed, is the fruitage of the<br /> unhasting, unresting past. And the conception<br /> of the universe, as in some way the product of<br /> mechanical processes, is not modern. Ages before<br /> Spencer made clear to us the unity of the cosmos,<br /> there had been approaches to that supremely<br /> ennobling conception. But, save through a voice<br /> crying here and there as in a wilderness, the spirit<br /> of enquiry, born in Ionia five centuries before<br /> Christ, was stifled for two thousand years by creeds<br /> that would brook no rival and permit no ques-<br /> tioning. As late as the middle of the eighteenth<br /> century, Buffon, covertly hinting at a possible<br /> common ancestor of the horse and ass, and of the<br /> ape and man, adds, with an eye on the Sorbonne,<br /> that since scripture teaches the contrary, the thing<br /> cannot be. But the timid suggestion bore fruit in<br /> <br /> 103<br /> <br /> the bravely enounced theories of Lamarck and<br /> Darwin’s distinguished grandfather, the poetical<br /> Lichfield doctor. A succession of workers in the<br /> fields of geology, palzeontology and biology brought<br /> a body of evidence in support of those theories<br /> which ultimately demolished the tenacious belief<br /> in the fixity of species. Among these there can in<br /> this brief paper be reference only to Von Baer, the<br /> formulator of the “ Law of Development ” manifest<br /> in the fundamental likenesses between the embryos<br /> of the higher animals and man, because Spencer<br /> tells us that, becoming acquainted with this ‘ Law ”<br /> in 1852, he at once saw its bearing on the theory<br /> adumbrated in “Social Statics.’ So far as organic<br /> evolution was concerned, the master-key to the<br /> causes of the origin of the millions of species of<br /> plants and animals was lacking, but this was to be<br /> supplied six years later by Darwin and Wallace.<br /> Thus were all things being made ready for the<br /> advent of a man with the penetrating insight of<br /> genius, and with the saving and indispensable<br /> sense of relation, who should, by his skill in syn-<br /> thesis, demonstrate the interaction, unity and con-<br /> tinuity of all phenomena, and their subservience<br /> to one process which, if it operates anywhere,<br /> operates everywhere—the process known as Evolu-<br /> tion. In the fulness of time he came. He had<br /> bad health ; he was poor ; he was almost unknown,<br /> therefore little heeded. In January, 1858, six<br /> months before the meeting of the Linnean Society<br /> at which Darwin and Wallace’s memorable paper<br /> “On the Perpetuation of Varieties and Species by<br /> Natural Selection” was read, Spencer wrote out<br /> his scheme of the ‘Synthetic Philosophy ” which,<br /> it is interesting to note, was submitted to his father<br /> for comment. In 1860 the prospectus of the pro-<br /> posed series of volumes was issued, and secured a<br /> sufficient response from friends to warrant a venture<br /> whose risks Spencer could not afford to run unaided.<br /> Not till he was forty did he sce the inception<br /> of a plan which he had nurtured when writing<br /> in his twenty-second year a series of letters on<br /> “The Proper Sphere of Government’”’ in the<br /> Nonconformist.<br /> <br /> The Synthetic Philosophy comprehended all<br /> phenomena in this formula: ‘ Evolution is an<br /> integration of matter and concomitant dissipation<br /> of motion during which the matter passes from an<br /> indefinite, incoherent homogeneity to a definite,<br /> coherent heterogeneity, and during which the<br /> retained motion undergoes a parallel transforma-<br /> tion.” The method followed is the inductive, the<br /> established premise being the “persistence of<br /> force ” involving endless cycles of ceaseless change,<br /> resulting in redistribution of matter and motion,<br /> whereby adyance is made from the like to the<br /> unlike, from the simple to the complex; for<br /> example, the vapours and unstable stuff of the<br /> <br /> <br /> 104<br /> <br /> universe slowly condensing into sun and solar<br /> systems, life emerging on our planet (of which<br /> alone we have knowledge) along physical and<br /> psychical stages till the transcendent genius of<br /> man appears. Postulating the inscrutableness of<br /> the Power which underlies all phenomena, and<br /> ever quickening the sense of wonder begotten by<br /> the stupendous spectacle of evolution and dissolu-<br /> tion, Spencer advanced along the lines of his great<br /> argument, from statements of the general in<br /> «First Principles” to application of the special<br /> in the “ Principles of Biology,” with its details of<br /> development of plants and animals ; in the<br /> “Principles of Psychology,” wherein the story<br /> passes from life to mind in the development of<br /> gelf-consciousness from blurred, undetermined feel-<br /> ing in the lowest responsive organism ; and finally,<br /> in the “ Principles of Sociology,” wherein is traced<br /> the evolution of family, tribal and allied relations,<br /> of religion and its ceremonies, of politics and<br /> institutions—in brief, of all the apparatus of<br /> human life, individual and collective, with large<br /> insistence on the basis of ethics as not supernatural,<br /> but social. So we have, first, the imorgantc, or<br /> evolution of the not-living ; second, the organic,<br /> or evolution of the living ; (Spencer sees in mind<br /> and matter only “two phases of one cosmical pro-<br /> cess”); and third, the superorganic, or evolution<br /> into social groups, with their institutions, beliefs,<br /> and customs. No break in the series is recognised ;<br /> the keynotes of evolution are unity and continuity.<br /> Science knows no finality ; but, recognising that<br /> revisions here and there will be needed as know-<br /> ledge advances, it is difficult to believe that the<br /> main structure raised by the genius of Spencer<br /> will not abide. It was his rare privilege to see in<br /> old age the fulfilment of the plan of his early<br /> manhood, and whatever of impermanence may<br /> attach to his work, his place as one of the greatest<br /> of the world’s master-builders in the intellectual<br /> and spiritual domain is secure. A concluding word<br /> or two about Spencer’s style and personality. The<br /> one has been called cumbersome, lacking in ease<br /> and grace ; but massive thought demands dignified,<br /> masculine diction, and the careful reader will<br /> quickly find that in clearness and definiteness the<br /> style is perfectly adapted to the subject-matter.<br /> In some of the minor works, notably those on<br /> “Education” and the delightful “Study of<br /> Sociology,” we find abundance of felicitous and<br /> familiar illustration. As for the man, his carefully-<br /> guarded health led to some degree of fussiness and<br /> fidgetiness, while a certain aloofness kept company<br /> with a frigid manner under which, nevertheless,<br /> there beat a kindly heart, ever moved by the needs<br /> and troubles of his friends.<br /> <br /> Tt was in 1894 that our Society had the dis-<br /> tinction of adding to its member-roll the name of<br /> <br /> THE AUTHOR.<br /> <br /> a man to whom all titular dignities were repellent,<br /> and whose adhesion to any movement was never<br /> given without deliberation.<br /> <br /> EDWARD CLODD.<br /> <br /> &lt;&gt; —______<br /> <br /> THE MS. OF MILTON’S “ PARADISE LOST.”<br /> <br /> ——&gt;——<br /> <br /> R. SIDNEY LEE sent to The Times a<br /> <br /> letter on this subject which appeared on<br /> <br /> Dec. 14. We reprint his communication<br /> <br /> with some slight changes and omissions which we<br /> have his authority for making.<br /> <br /> Mr. Lee wrote :—“ It is to be hoped that every<br /> one who has the reputation of this country at heart<br /> and is in a position to bring influence to bear on<br /> its rulers will take note of Mr. Churton Collins’<br /> <br /> warning and spare no endeavour to prevent the<br /> <br /> passing into ownership beyond the seas of the<br /> original MS. press copy of the First Book of<br /> Milton’s ‘ Paradise Lost.’ The peril is very real.<br /> Unless strenuous efforts be made, the chances<br /> against the keeping of the document at home are<br /> overwhelming. If no public pressure be exerted,<br /> there is an obvious likelihood that this literary<br /> treasure will follow the recent fortunes of the only<br /> known copies of the original edition of Malory’s<br /> ‘Le Morte d’Arthur’ and of many another of our<br /> early literary masterpieces, and henceforth adorn<br /> the private library of some American citizen of<br /> wealth and enterprise.”<br /> <br /> “The occasion demands exceptional exertion. The<br /> nation’s prestige owes an immense debt to its<br /> literary achievements, and to no literary achieve-<br /> ment (save to Shakespeare’s greatest tragedies) does<br /> it owe more than to Milton’s ‘ Paradise Lost.’<br /> No autograph MS. of the poem has ever existed,<br /> for Milton in his blindness was not able to write,<br /> but the copy which he sent to the licenser for the<br /> press with his own characteristic corrections of the<br /> spelling is the nearest possible approach to his<br /> original MS. This MS. of a portion of Milton’s<br /> epic is, in effect, one of the nation’s title-deeds to<br /> poetic and intellectual renown. Is it unreasonable<br /> to expect that the Government will recognise its<br /> obligation, now that the opportunity presents itself,<br /> to convert this national title-deed to fame into a<br /> national heirloom, and secure it in perpetuity for<br /> the British Museum ?”<br /> <br /> “ Experience does not admit of doubt as to the<br /> answer that, were similar circumstances to arise in<br /> foreign countries, this question would receive from<br /> foreign Governments. It is difficult to believe<br /> that, with so potent an incentive to action as is<br /> offered by the forthcoming sale, the Treasury will<br /> hesitate to provide the necessary increase of grant<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> whereby the national library may become the final<br /> home of Milton’s MS.”<br /> <br /> “The sale is announced to take place ‘early in<br /> the spring.’ Apparently, no precise day has yet<br /> been fixed. The Trustees of the British Museum<br /> and other public bodies will thus have time<br /> wherein to approach the Government, and learn<br /> their intentions. Probably, to meet all eventu-<br /> alities, it would be safest at once to form privately<br /> a guarantee fund, whose members would undertake,<br /> in the case of the failure of an application to the<br /> Government, to defray the cost of securing the MS.<br /> for the British Museum. Disclosure of details as<br /> to the amount likely to be required would defeat<br /> the purpose of the fund.”<br /> <br /> The owner of the MS. has just announced<br /> through the auctioneers that he will dispose of it<br /> to the highest bidder at public auction on January<br /> 25th.<br /> <br /> A scholarly account of the textual interest<br /> attaching to the MS. appeared in The Times<br /> Literary Supplement of Dec. 18th. Some news-<br /> paper correspondents may have attached an unduly<br /> high value to the MS., but the opposing statement<br /> made by Dr. Furnivall in The Times of Dec.<br /> 19th, that it is a valueless scrivener’s copy, is<br /> incorrect. No extravagant sum ought to be<br /> offered for the document, because it is not an<br /> author’s autograph MS. But it is eminently<br /> desirable that every attempt should be made to<br /> secure it for the national collection. We should be<br /> glad to hear from any who would co-operate in<br /> efforts in that direction.<br /> <br /> ——————<br /> <br /> A NEW BOOK ON COPYRIGHT.<br /> <br /> —_—<br /> <br /> E have read with interest a little book just<br /> V published by A. H. Bullen, entitled<br /> “ Copyright Law,” by Henry A. Hinkson.<br /> The book is a very small one to deal with so<br /> large and difficult a subject. In this point lies its<br /> main fault, It is written clearly and plainly with-<br /> out any unnecessary legal argument, and is mainly<br /> a statement of the facts and the results of the<br /> working of the law.<br /> So far the book is admirable. The faults are<br /> very few and far between and the blunders slight.<br /> It is a matter of some doubt whether a little<br /> knowledge is not in the case of copyright a<br /> dangerous thing, and whether a text book for the<br /> young author and young writer is not more likely<br /> to lead him into difficulties than to improve his<br /> knowledge of how to deal with his property.<br /> We must, however, thank Mr. Hinkson for his<br /> well-endeavoured effort and congratulate him on<br /> the result.<br /> <br /> 105<br /> <br /> Without desiring to be hypercritical, it is<br /> necessary to draw attention to one or two small<br /> errors.<br /> <br /> For instance, on page 49, when dealing with<br /> the 18th Section—that most difficult of all Sections<br /> —the author states that after twenty-eight years<br /> the copyright reverts to the author. This state-<br /> ment is, of course, incorrect, the words of the Act<br /> being “the right of publishing in separate form<br /> shall revert to the author.” Now the right of<br /> publication and the copyright are two distinct<br /> things, and the legal distinction cannot be too<br /> accurately maintained or too frequently insisted<br /> upon.<br /> <br /> When dealing with International Copyright he<br /> includes Montenegro among the Signatories to the<br /> Berne Convention. Though Montenegro was origin-<br /> ally a Signatory, she has since withdrawn.<br /> <br /> With regard to Artistic Copyright he again falls<br /> into error. He states: “‘ Before publication the pro-<br /> prietor has a common law right in his picture<br /> engraving or drawing,” and seems to draw the<br /> deduction that copyright runs from the publica-<br /> tion of the “picture engraving or drawing.”<br /> If he studies the Act more closely and the<br /> books which have been written endeavouring to<br /> explain that Act, he will see that the copyright<br /> in a “picture engraving or drawing” begins on<br /> the making thereof and not from the publication.<br /> This is one of the difficult points in the Artistic<br /> as distinct from the Literary Copyright Law.<br /> <br /> However, the book is accurately and carefully<br /> written, and so far as it is possible for any legal<br /> copyright amateur to gain satisfaction from a small<br /> work, so far will he be able to derive assistance<br /> from Mr. Hinkson’s “Copyright Law.”<br /> <br /> A NOVELIST ON HIS ART.*<br /> <br /> —_<br /> <br /> T is always a melancholy task to criticise the<br /> i work of a man of great talent who has died<br /> before the full fruition of his gift, and the<br /> melancholy is deepened when the work in question<br /> is not of such a kind as to deserve unrestricted<br /> praise. No one, I think, even of those to whom<br /> his peculiar powers make the least appeal, will deny<br /> that in “ The Octopus ” and “ McTeague ” the late<br /> Mr. Frank Norris manifested extraordinary promise<br /> and discovered fresh territory ; no one, again, of<br /> his most fervent worshippers could honestly affirm<br /> that his work is faultless. A rough and careless<br /> <br /> <br /> <br /> * «The Responsibilities of the Novelist,’ by Frank<br /> Norris. (Grant Richards.)<br /> <br /> <br /> 106<br /> <br /> style, sometimes effective, often wounding, is the least<br /> delightful characteristic of “The Responsibilities<br /> of the Novelist.” Its author allowed the force of his<br /> convictions to express itself in noise ; he was so<br /> certain of the truth of his theories that he forgot<br /> what a traitor to truth didacticism may prove<br /> unless it is allied with subtle restraint. He has<br /> none of the fine shades of persuasion.<br /> <br /> Yet if the style is marred by such redundant<br /> expressions as “I tell you ” and such elementary<br /> errors as “Macbeth and Tamerlane réswmé the<br /> whole spirit of the Elizabethan age,” and “ Violet le<br /> Due’s ‘ Dictionaire du Mobilier,’” there are, at any<br /> rate, many fine and honest, if not hugely original,<br /> judgments on the art of the novelist. Mr. Norris<br /> realised that the artistic temperament is not a<br /> thing that one can put on and take off, like a hat<br /> or an air of virtue, but that it is the very spring<br /> and essence of life.<br /> <br /> “You must be something more than a novelist if you<br /> ean, something more than just a writer. There must be<br /> that nameless sixth sense in you... . the thing that<br /> does not enter into the work, but that is back of it; the<br /> thing that would make of you a good man as well as a<br /> good novelist.”<br /> <br /> Something of this kind has been said before, but<br /> Mr. Norris was an independent thinker, and that<br /> he should have come to the same conclusion as his<br /> predecessors is a great tribute to their common<br /> theory. Sincerity is the watchword of his essays<br /> which deal most intimately with the novelist’s art;<br /> he denounces the vulgar trick of cramming the<br /> public with garbage that has neither life nor<br /> beauty, and reiterates the importance of studying<br /> the ordinary aspects of existence, aspects as full of<br /> romantic possibility as any age when men loved<br /> and fought in doublet and hose. This truth he<br /> illustrates from American history. But here, too,<br /> he rushes wildly where a more careful thinker<br /> would pause. He is wonderfully optimistic con-<br /> cerning the public taste, and believes that in the<br /> end the plain people, the burgesses, the grocers,<br /> will prefer “Walter Scott to G. P. R. James,<br /> Shakespeare to Marlowe, Flaubert to Goncourt.”<br /> Why, in the name of logic, Shakespeare to Marlowe?<br /> A damning comparison of the “ Aigina Marbles”<br /> with the frieze of Pheidias would be about as<br /> pertinent. Did Mr. Norris really imagine that<br /> Marlowe was the G. P. R. James of the Elizabethan<br /> era, just as a recent writer on Sicily termed one of<br /> the three greatest Attic dramatists the Henry<br /> Arthur Jones of Greece? Faults of taste of this<br /> kind mar the excellence of his book, which will<br /> nevertheless have a value as containing the sincere<br /> if hasty conclusions of one whose premature<br /> death is mourned by all who care for honesty in<br /> literature.<br /> <br /> Sr. J. Le<br /> <br /> THE AUTHOR.<br /> <br /> G. P. v. SPECIALIST.<br /> <br /> a<br /> <br /> HAVE noticed recently a recrudescence of the<br /> old discussion as to whether specialists or<br /> general practitioners should be called in to<br /> <br /> express opinions on the corpus vile of fiction,<br /> whether experts or ordinary readers are the proper<br /> persons to review books in the Press ; and, on the<br /> principle, perhaps, that fools may hit when wiser<br /> men may miss, I venture to shoot my bolt with my<br /> betters, protesting in advance that common sense<br /> has before now been known to be covered by the<br /> cap and bells, and that responsibility is more<br /> frequently an obstacle to the utterance of truth<br /> than irresponsibility.<br /> <br /> I wish that in these conversational debates the<br /> disputants would take the preliminary trouble to<br /> define their terms ; even if they did, there would<br /> be small likelihood of their bringing their argu-<br /> ments to aconclusion, but without such preliminary<br /> labour there is no possibility of their doing so.<br /> What is an expert? Let it be observed that I do<br /> not ask who is an expert: to do so would be to<br /> represent myself as unfamiliar with “ Who’s who ?”<br /> at this instant reflecting my blushes, due to my not<br /> being mentioned therein ; but what do these leaders<br /> of light and learning mean by experts, and reviews,<br /> and half-a-hundred other things which they<br /> discuss so frequently and at such length? What<br /> distinction do they make between a criticism and a<br /> review, and for whose benefit do they contend that<br /> books are reviewed in the Press at all? The<br /> looseness with which they employ the terms is<br /> surely the reason of half the pother.<br /> <br /> Literature is an art, not a profession, and the<br /> author has discharged his primary function when<br /> he has brought his work to perfection and knows<br /> that he can do no more with it: that, so far as he<br /> can make it so, it is a finished thing. But from<br /> another point of view that is only the end of the<br /> beginning. In due course the book is made public,<br /> and then it is the publisher who is immediately<br /> concerned, and trade considerations properly come<br /> into the matter. He advertises the fact that he<br /> has a book to sell; if he is clever he advertises it<br /> in a variety of ways, but generally, of course, by<br /> the simple expedient of inserting notices of it<br /> in newspapers, in consequence of seeing which<br /> people may be induced to buy. The publisher&#039;s<br /> primary business is to make money for himself,<br /> and he would not be a business man if on the one<br /> hand he did not spend money with the object<br /> of making more, and if on the other he did not<br /> seek to get some advertisement of his wares for<br /> next to nothing. In the former case he spends<br /> upon advertising as much as he thinks the book<br /> will bear, and to the latter end he sends out<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ile<br /> <br /> <br /> <br /> THE AUTHOR. 107<br /> <br /> “review copies,” asking for the favour of an<br /> editorial notice, a notice, or a review, and for a<br /> copy of the issue of the paper containing any such<br /> notice. I never remember having seen the word<br /> ‘criticism ” used by any publisher on any such<br /> occasion; at the present moment twenty-seven<br /> volumes await attention from me, and the word<br /> “criticism” does not occur in one of the accom-<br /> panying printed slips from the publishers; it is<br /> notice, not criticism, they desire.<br /> <br /> The editor again does not desire to procure it as<br /> a general rule. Times are such that he consults<br /> the wishes of his readers by giving them reviews<br /> instead of criticism, and for that purpose he<br /> employs reviewers and not critics, general prac-<br /> titioners not specialists ; and this not only because<br /> they are less expensive and more easily come by,<br /> but because they are the better men for the job. In<br /> all this part of the matter, art is not even being<br /> considered : it is business pure and simple between<br /> the publisher, the editor, and the public. The first<br /> wants the cheap advertisement ; the second wants<br /> copy dealing with one of the myriad subjects<br /> interesting some of his regular readers and wants<br /> cheap copy—let those who deny that reviewing is<br /> poorly paid work quote figures ; the third want—<br /> what ?—notice or criticism ?<br /> <br /> So far as fiction is concerned I am convinced<br /> they do not want criticism. They want to know<br /> what a book is about, and only one thing more—<br /> whether it is interesting. One may prate about<br /> art until the ceiling falls. That a book is interest-<br /> ing is the first, the middle, and the last point of<br /> importance to the great public: it is the one thing<br /> the publisher’s reader watches for, the editor<br /> watches for, the publisher watches for. A novelist<br /> may write a story the plot of which is moth eaten,<br /> the characters in which are conventional almost to<br /> the point of absurdity, the style of which is faulty<br /> and, from the point of view of art, deplorable ; if<br /> it is interesting the publisher’s reader would forfeit<br /> his appointment by declining it, the editor would<br /> be confronted with a similar possibility by commit-<br /> ting a similar blunder, and the publisher would<br /> rage furiously at losing a good thing. Immortality<br /> is an abstraction, but temporal supremacy is practi-<br /> cal politics ; but the mind that is set upon things<br /> above is commonly indifferent, if not actually<br /> blind, to things below. The analogy has point.<br /> <br /> Criticism has been defined as the exercise of<br /> judgment in the province of art and literature, and<br /> the critic as a person who is possessed of the<br /> knowledge necessary to enable him to pronounce<br /> right judgments upon the merit or worth of such<br /> works as come within this province. Matter,<br /> manner, and the quality of giving pleasure, or in<br /> other words: the power of appealing to the imagina-<br /> tion, are the three characteristic qualities of<br /> <br /> literature—the principles; construction of plot,<br /> metre, diction, and such other lesser elements as<br /> are governed by canons, are the rules ; and criticism<br /> tends in an increasing degree to disregard rules<br /> and concentrate its attention upon principles.<br /> The expert critic cannot, however, be expected to<br /> do other than act as a resistant force to this<br /> tendency ; it is his function to maintain a high<br /> standard of merit in performance, and to insist<br /> upon the importance of the rules: he is the champion<br /> of art, and the artist’s well-greaved friend ; but the<br /> training and scholarship which make him what he<br /> is are obstacles in the way of his being a practically<br /> useful reviewer of fiction for the daily, or even<br /> weekly, Press. A dissertation upon principles and<br /> rules in the “literary column” of a daily paper,<br /> with a considered judgment upon the merits of a<br /> novel as tested thereby, is not wanted by anybody<br /> except the author. The expert critic’s knowledge<br /> and reverence for principles and rules make him<br /> intolerant of any work where they are not observed<br /> and incapable of finding anything interesting in it :<br /> his place is the quarterly reviews : the daily papers<br /> have no use for him.<br /> <br /> Is that a matter for regret to authors? Only<br /> in part, it seems to me. At that stage in his<br /> development what he needs is notice, as wide as<br /> possible, in order that his books may sell ; utili-<br /> tarian considerations legitimately affect him too.<br /> Moreover, if what he has produced be art, in<br /> the true sense of the word, he must know that<br /> everything is very well as it is. No interesting<br /> book has ever yet been written that has failed<br /> to find its way to the world: that is one truth ;<br /> another is that fame has never yet been withheld<br /> when it has been deserved. With the author who<br /> cannot comfort himself with the belief that if he<br /> deserves fame he will win it, and who finds a griev-<br /> ance in the thought that it may be posthumous, it<br /> is not easy to be patient. If he is of such<br /> comparative importance that he is made the subject<br /> of considered criticism as distinct from mere<br /> review, he must still remember that contemporary<br /> criticism can only be provisional: appeal to<br /> posterity, by whom the judgment may be reversed,<br /> is not only permissible, but inevitable. It is with<br /> posterity only that the final judgment lics. What<br /> matters most to the author in the present is<br /> review.<br /> <br /> It is of fiction that I have spoken because it<br /> is in connection with fiction that the old discussion<br /> has been revived; and so far as fiction is con-<br /> cerned, let me record my vote by plumping in<br /> favour of the general practitioner. Consideration<br /> of the question in connection with other depart-<br /> ments of literature may be left to another time<br /> and to another mind.<br /> <br /> V. E. M.<br /> <br /> <br /> 108<br /> <br /> THE UNVEILING OF THE MEMORIAL TO<br /> SIR WALTER BESANT.<br /> <br /> oo<br /> <br /> HE memorial to our late chairman and<br /> founder, Sir Walter Besant, was unveiled<br /> in the crypt of St. Paul’s Cathedral by<br /> <br /> Lord Monkswell on December 11th. It will be<br /> remembered by many members of the Society that<br /> the memorial, arelief in bronze, admirably executed<br /> by George Frampton, R.A., was commissioned and<br /> mainly subscribed for by the members of the<br /> Society, and that it was hung in the sculpture-<br /> room at Burlington House last May. The position<br /> of the memorial is now in the crypt of St. Paul’s,<br /> on the wall, between that to the memory of Charles<br /> Reade and the brass of John M. Smith. On the<br /> tablet, beneath the portrait, is this inscription :<br /> <br /> NovEListT,<br /> HisToRIAN OF LoNnpDoN,<br /> SECRETARY OF THE PALESTINE Exploration FUND<br /> ORIGINATOR OF THE PEOPLE’S PALACE,<br /> AND<br /> FouUNDER OF THE SOCIETY OF AUTHORS.<br /> <br /> Tuts MoNUMENT IS ERECTED<br /> BY<br /> His GRATEFUL BRETHREN IN LITERATURE.<br /> <br /> Born 14th August, 1836; Died 9th June, 1901.<br /> <br /> The ceremony of unveiling was short. Mr.<br /> Douglas Freshfield, the Chairman of the Com-<br /> mittee of the Society, regretted that Mr. George<br /> Meredith, our President, was too ill to appear.<br /> Hence it fell upon him to call upon Lord Monks-<br /> well to unveil the memorial. Many Members had<br /> already seen the memorial in the Academy, and<br /> approved it. To them the act of unveiling was<br /> but a formality. No better man could have been<br /> asked to unveil the memorial than Lord Monks-<br /> well, the Chairman of the London County Council ;<br /> and, perhaps, here, in the quiet corner of the<br /> crypt beneath the Cathedral of London, and<br /> London’s roar, was the best place for a lasting<br /> monument to one who had given the best years of<br /> his life to London and to London’s good. He did<br /> his best to enlighten the darkness of the lives of the<br /> masses, entered keenly into a thorough investiga-<br /> tion of the sweating system, and gave the people<br /> new sources of intellectual or, at any rate,<br /> intelligent recreation.<br /> <br /> Dean Gregory and Canon Newbolt read a short<br /> dedication service, and Lord Monkswell unveiled<br /> the memorial. Certainly, it looks infinitely better<br /> in its present position than it did in Burlington<br /> <br /> THE AUTHOR.<br /> <br /> House. The sombre light, the grey walls, the<br /> impressive silence of the great crypt, seeming to<br /> stretch away in an endless vista of arched halls<br /> and chambers and echoing passages, are in quiet<br /> harmony with the soft-toned bronze of the relief.<br /> <br /> Lord Monkswell, unveiling the memorial, spoke<br /> of Sir Walter Besant as one who, though a<br /> foreigner to London by birth, and largely by<br /> education, yet knew London and loved it, as no<br /> one else in the world knew London. Its streets<br /> and its lanes, its docks and its river were to him<br /> an open book. He was a social reformer, a man<br /> of ideas, sound feasible ideas, and no mere<br /> dreamer. With this side of him, the County<br /> Council thoroughly sympathised. Like Dickens,<br /> Besant preached social reform. But Dickens was<br /> a destructive element. His giant pen seized upon<br /> the demons of wickedness and thrust their names<br /> and their fames into the mouths of all. Besant<br /> sought the same demons, but his craft was to do<br /> more than to show them up. It was to destroy<br /> them and replace them by other organisations in<br /> which the demoniac spirit was absent. And in<br /> part he was successful. From his ideas—romantic<br /> ideas in “All Sorts and Conditions of Men,” an<br /> impossible story—Besant’s own criticism—sprung<br /> the People’s Palace, situate in the heart of White-<br /> chapel, the centre of the working life of thousands<br /> and tens of thousands of Londoners.<br /> <br /> Besant was not a vain man. He was not a<br /> jealous man. But his admiration was for all that<br /> was good, that was healthy. His sympathies were<br /> thorough-going and cosmopolitan. One of his<br /> last acts was to join himself to the Atlantic Union,<br /> a union to entertain Americans and Canadians<br /> and Colonials who visited England. He was a<br /> good man if ever there was a good man; a lovable<br /> man if ever there was one.<br /> <br /> The greater part of the organic work of this<br /> Atlantic Union is, by the way, now in the hands<br /> of Miss Celia Besant.<br /> <br /> Among those present at the ceremony were<br /> Lady Besant, her two daughters, Misses Celia and<br /> Ailie Besant, her second son—her eldest son,<br /> Captain Eustace Besant, is still serving in South<br /> Africa—Mr. Douglas Freshfield, Chairman of the<br /> Managing Committee of the Society, Mr. Edgar<br /> Besant, Sir Walter’s youngest brother, to whom,<br /> by the way, we owe the origin of “The Golden<br /> Butterfly,” Prof. Bonney, Mr. Hall Caine, Sir<br /> Martin Conway, Mr. George Frampton, R.A., Mr.<br /> A. H. Hawkins, Colonel Lamb, of the Salvation<br /> Army, in which Sir Walter Besant was greatly<br /> interested, and many others.<br /> <br /> SaaS AE_cith Se<br /> ®<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR. 109<br /> <br /> . THE SAMUEL PEPYS CLUB.<br /> <br /> ee a<br /> <br /> HIS new Literary Club was founded on May<br /> 26th, 1903, in commemoration of the two-<br /> hundredth anniversary of the death of its<br /> <br /> patron—saint or sinner, shall we say, or merely style<br /> him the father-confessor of our frail humanity, and<br /> the elub’s pater benignus, Samuel Pepys ?<br /> <br /> The founders were Mr. Henry B. Wheatley, Sir<br /> Frederick Bridge, Mr. D’Arcy Power, and Mr. George<br /> Whale, who, on the aforesaid anniversary, after the<br /> manner of Englishmen with a great project in hand,<br /> did solemnly dine together, and initiate the club.<br /> A general meeting was duly held on July 8th, when<br /> the number of members was fixed at seventy. This<br /> number came rapidly together by a kind of rare<br /> chemical affinity, and there are already many can-<br /> didate atoms that feel the potent attraction, and<br /> only await a vacant place in the new body cor-<br /> porate. The objects of the club, besides that of<br /> doing honour to the author of the most human of<br /> human documents, are: First, to dine together,<br /> with or without guests, three times a year, on or<br /> about the anniversaries of certain important events<br /> in the life of Samuel Pepys ; and, secondly, to read<br /> and discuss papers concerning Pepys and his time,<br /> with power to add to such objects as occasion may<br /> arise.<br /> <br /> The inaugural dinner was held on Tuesday,<br /> December 3rd, 1903, in the Hall of the Cloth-<br /> workers’ Company, of which Pepys was Master in<br /> 1677, Mr. Henry B. Wheatley, editor of the most<br /> complete edition of the Diary, and the club’s first<br /> President, occupying the chair, with the Master of<br /> the Clothworkers, Mr. Snow, on his right hand;<br /> while behind them shone the historic plate of the<br /> Company. Among the valuable pieces there dis-<br /> played the most interesting to the club and its<br /> guests were the cup and cover of silver gilt, and<br /> the gilt ewer and basin, or rose-water dish, pre-<br /> sented to the Company by Pepys during his Master-<br /> ship. ‘The members of the club assembled in force<br /> on this occasion, and brought many distinguished<br /> guests.<br /> <br /> The toasts proposed from the chair, after the<br /> usual ones of ‘The King” and “ The Queen and<br /> Royal Family,” were “The Immortal Memory of<br /> Samuel Pepys” and “The Clothworkers’ Company,”<br /> the latter responded to by the Master.<br /> <br /> The toast of “Our Visitors” was proposed by<br /> Mr. George Whale, and responded to by Sir<br /> William Collins.<br /> <br /> “The Club” was proposed by Viscount Dillon,<br /> and responded to by Mr. Edmund Gosse.<br /> <br /> Sir Alexander Binnie afterwards, in a most<br /> interesting speech, directed the attention of the<br /> club to some localities in London either mentioned<br /> <br /> by Pepys or suggesting memories of him. Indeed,<br /> the speeches, taken all round, were singularly<br /> interesting in substance, and well - delivered.<br /> Perhaps the note most frequently sounded was<br /> that of homage to Pepys’s many-sided humanity,<br /> his immense aptitude for work, and happy energy<br /> in both work and play. This was but a just<br /> tribute to the man, whose sterling qualities are<br /> even now scarcely appreciated as they deserve by<br /> the general public. Anyone who is in a position<br /> to estimate the actual work he did as Clerk of the<br /> Acts, and Secretary to the Admiralty, can hardly<br /> fail to give him a place among the great English-<br /> men of his day. He brought his common-sense,<br /> love of mastering details, and loyal fidelity to the<br /> duties of his office to bear upon many abuses ; and<br /> he left the Navy, his chief care, in a much more<br /> efficient condition than that in which he found it.<br /> Any sympathetic student of his Diary, moreover,<br /> must feel the charm of his personality: his child-like<br /> delight in life ; his easy-going love of his wife and<br /> friends, and of those rough-notes of contemporary<br /> history that we call gossip and scandal, but which<br /> add a spice to the historic plum-pudding ; his<br /> eager curiosity about everything that came in his<br /> way, and divine lust after precise information on all<br /> possible subjects ; and withal his genuine religion.<br /> For Pepys, in spite of his sensuous temperament,<br /> and the not uncommon weaknesses, follies, and<br /> unchastened appetites, he has so frankly chronicled,<br /> was a religious man in that irreligious age; living<br /> his particoloured life with a feeling that the eye of<br /> God was upon him. It is no doubt true that the<br /> God he worshipped was not the stern and wrathful<br /> Deity of the Puritans, but more akin to that good-<br /> natured Creator of all flesh of whom Beranger<br /> sings :<br /> “Le verre en main, gaiement je me confie<br /> Au Dieu des bonnes gens !”<br /> <br /> But Pepys’s faith was not only more grave and<br /> decorous than that of Béranger seems to have been,<br /> but deeper and more abiding.<br /> <br /> After dinner there was a pleasant ‘ Concert of<br /> Musick,” under the direction of Sir Frederick<br /> Bridge. Pepys’s own favourite song, “ Beauty,<br /> Retire,” composed by himself, was the first vocal<br /> piece given, and it was followed by other songs,<br /> and a duet for a male and a female voice, by com-<br /> posers of the period; some of the songs either<br /> having been sung by Pepys or mentioned in his<br /> Diary. Of one of them, “The Larke,” he says:<br /> «Thence to Change, where Wife did a little busi-<br /> ness, while Mercer and I staid in the Coach ; and<br /> in a quarter of an hour I taught her the whole<br /> Larke’s Song perfectly.” This was creditable to<br /> both master and pupil, as the song, by Milton’s<br /> friend, Henry Lawes, is a difficult one.<br /> <br /> <br /> 110<br /> <br /> Besides the vocal music, the Rev. Mr. Galpin,<br /> a clever amateur musician who collects old instru-<br /> ments, gave the company a sample of that “ wind<br /> musique ” which so ravished Pepys’s soul that it<br /> “made him sick,” and, as he characteristically<br /> adds, “ makes me resolve to practise wind-musique,<br /> and to make my wife do the like.” This was<br /> represented by a couple of airs on the flageolet,<br /> one, I think, composed by Pepys; both of which<br /> the little pipe was made to warble very daintily.<br /> There were also two pieces for that “ Recorder ”<br /> mentioned by Hamlet—a long and stfaight wood-<br /> instrument, with a certain resemblance to a large<br /> bassoon, but blown from a mouthpiece at the<br /> upper end. It must be difficult to “govern the<br /> stops” perfectly, as it seems to have a trick of<br /> suddenly jumping from a lower octave to a higher<br /> in a rather whimsical manner ; yet the notes are<br /> mellov. A third instrument, the “Trumpet<br /> Marine,” which Pepys heard played by a French-<br /> man, and was, as usual, “ mightily pleased with,”<br /> is not a wind-instrument, as the name might<br /> suggest, but a kind of emaciated viol, with a pigmy<br /> body and enormously long neck for the key-board.<br /> It has what Pepys calls an “ echo,” produced, as<br /> he suspected, by concealed sympathetic strings,<br /> which respond to the notes played by the bow.<br /> <br /> Altogether the evening was a pleasant one, and<br /> the Samuel Pepys’Club may claim the right to<br /> take its place as a going concern.<br /> <br /> JoHN TODHUNTER.<br /> Or —_—<br /> <br /> THE FIRE DESCENDS!<br /> <br /> ———<br /> <br /> LEAVES FROM THE DIARY OF A CERTAIN SORT<br /> OF FOOL IN PARADISE.<br /> <br /> T has come straight down, from Heaven or<br /> nowhere, an original and glorious Idea!<br /> There is nothing in that. Ideas strike me<br /> <br /> very often, and they are always original and<br /> glorious—at first. They are all, too, equally un-<br /> expected and startling, hitting me between the<br /> eyes, hard as a cricket ball at point, and knocking<br /> all the common-sense out of me. Sometimes they<br /> seem to arise out of facts, a paragraph in a news-<br /> paper, a look of secret history on a face, a phrase<br /> in a letter; but frequently they spring from no<br /> source more definite than the churning of unrelated<br /> thoughts when I pretend to compose myself for<br /> sleep at night.<br /> <br /> This, my last Idea, has, however, come to me<br /> under somewhat unusual conditions. It seems to<br /> be connected with a forgotten dream, having no<br /> conscious antecedent, but taking possession of me<br /> as I awoke, at the time when we are least given to<br /> <br /> THE AUTHOR.<br /> <br /> fantasy, most under sway of the senses. I have<br /> had to rise, to dress, to eat my breakfast with the<br /> others, to avoid showing any glimmer of inward<br /> fire. When addressed I have had to answer in a<br /> matter-of-fact and off-hand manner, as if I knew,<br /> or cared to know, anything about the weather, or<br /> the household, or the dull doings of men in Parlia-<br /> ment. These things smote upon my ears like the<br /> distant sound of drums, tuneless and void. They<br /> were unreal compared with my Idea.<br /> <br /> At last I was able to sneak away by myself, out<br /> of the house and into the garden, which has ever<br /> been my dearest friend and confidant. All my life<br /> I have wandered in waking dreams about its<br /> winding paths: as a little child, when I told myself<br /> stories of fairies and goblins; in my Scott days,<br /> when I revelled in knights and fair ladies ; and,<br /> later on, in throes of modern sentiment—chewing,<br /> as I went along, the fragrant buds of fruit bushes, or<br /> “bread and cheese” from the hedges. To-day I<br /> slipped first to the greenhouse, where no eye from<br /> the windows might see me, for I wanted to be out<br /> of sight with my Idea, to blend it with the scent of<br /> flowers, to exult over it, and shape it prayerfully,<br /> lest it turn into a thing without wings. An Idea,<br /> like a sunset, cannot be painted in a few strokes of<br /> the brush by a careless hand. Its beauty lies in<br /> its vague possibilities and suggestions of imeffable<br /> glories beyond; in the mystery that it makes<br /> about us. And to express this, even faintly, needs<br /> all the concentrated power of heart and brain, art<br /> and will. One must be prepared for weary travail<br /> and heart-breaking doubts; because these ever<br /> attend an act of creation—if we may dare to call<br /> our reproduction and imitations “creation.” So,<br /> before my Idea can be valued at all, it must be<br /> taken into the solitudes of thought and every in-<br /> fluence of what I call my soul must be brought to<br /> bear upon it.<br /> <br /> How am I to give it form? Rhymeand rhythm<br /> cramp me; in writing an essay I am always<br /> tempted to become didactic, if not garrulous.<br /> There seems to be only one way open—the way of<br /> the prose idyll ; in which a filmy veil of fiction is<br /> thrown over a dimly seen figure. For to have the<br /> nude shape of my Idea too definitely visible would<br /> be fatal to its suggestiveness and charm.<br /> <br /> I gathered in the greenhouse a spray of oak-<br /> leafed geranium and a long stalk bearing three<br /> little cups of the freesia, splashed with gold and<br /> filled with orange and honey, to keep a hold on my<br /> Idea in the rush of everyday things. Then I was<br /> summoned in from the garden, and all the hateful,<br /> stifling tangibilities of life fell upon me. There is<br /> always this to be finished, that to be looked<br /> through, while letters demanding acknowledgment<br /> gape at me, a herd of time-devourers. The<br /> <br /> morning flew away on bluebottle wings—nothing<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> t<br /> ia<br /> &amp;<br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> faster into the world—and all the while my giorious<br /> Idea burned like a rosy flame before my dazzled<br /> eyes.<br /> <br /> * Visitors swallowed the afternoon with vapid talk<br /> of personalities ; and, when they had gone, I was<br /> more exhausted than if I had been studying<br /> logarithms for twelve hours! If there be any-<br /> thing more paralysing to the brain than the<br /> animated conversation of the average person on<br /> matters of local or general interest I have yet to<br /> discover it! Dead tired, I had to fasten upon a<br /> sleepy old gardening book and read the fog out of<br /> my mind.<br /> <br /> Then to bed; and at last I am alone with my<br /> glorious Idea! 1 grow warm, and thrill deliciously<br /> as I proceed to fashion it into a shape of my<br /> liking. This is worth living—worth dying for!<br /> ‘And it is mine, all mine, this exquisite thing, this<br /> flower of fire from the high heavens. No one can<br /> tuke it from me; no one even knows of its exist-<br /> ence. Yet it does exist, and it shall do so, not<br /> only in me but in the material world. It shall not<br /> be still-born. To-morrow I will give it form and<br /> life—to-morrow—I am falling asleep.<br /> <br /> Tuesday.—\ have not written a word to-day.<br /> There was a meet of the Woodland Pytchley this<br /> morning, and I could not resist the temptation to<br /> go. Then I was tired out with the exercise and<br /> fresh air. Have done nothing but yawn ever<br /> since. My Idea has haunted me through the<br /> music of horns and baying of hounds, the thud of<br /> hoofs on the spongy turf and all the shouting.<br /> The sprig of rosemary I wore in my buttonhole<br /> seemed to make the atmosphere about me aromatic<br /> and flip me with suggestions. There is certainly a<br /> relationship between rosemary and hunting; no<br /> morbid thought can exist with them. Night finds<br /> me, as usual, full of vague aspirations and creative<br /> optimism ; but I am too weary to write. J must<br /> sleep.<br /> <br /> Wednesday.—Having neglected everything to<br /> follow the hounds yesterday, I found a great deal<br /> to do this morning. ‘The end of it was a worried<br /> headache, such as women are wont to bring upon<br /> themselves by trying to do several things at once.<br /> I spent the afternoon in nursing it. The day is<br /> wet, warm and muggy. My mind is sluggish. I<br /> have physicked it with an exciting novel and have<br /> sat up late to finish it. My Idea has faded a little<br /> during the day; but now, at night, it revives to<br /> keep me awake.<br /> <br /> _ Lhursday.—How one dreads the first plunge<br /> into expression! I have gazed for hours at the<br /> white paper which seems to stare back at me<br /> fatuously. Even my pen, usually so sympathetic,<br /> gives no help. I feel as if I were engaged in an<br /> imbecile attempt to catch the sunshine and colour<br /> of a summer day in a butterfly net ! How did the<br /> <br /> iti<br /> <br /> monstrous Arabian genie get into the vase? And<br /> shall I ever be able to pour my luminous Idea into<br /> the mould of words? It seems impossible. It<br /> always does—when one begins. There is a shirk-<br /> ing, a skimming round, a coy shrinking from the<br /> brazen display and indelicacy of language. Then<br /> —the time has gone—no more to day.<br /> <br /> A week later.—At last the moment has arrived<br /> when I can attack my Idea and shape it out on<br /> paper ! There is a bright sunshine to help me, and<br /> the song of birds. The air is of such intoxicating<br /> clearness that I feel light of limb, and heart, and<br /> brain. How cold the paper looks before me ! How<br /> tame and utterly inept the words I put upon it ! If<br /> something does not happen, all the rapturous<br /> glory of my Idea will be quenched into mere<br /> prose, it will be like a soap bubble that has<br /> collapsed into suds! But something is happening.<br /> I feel a glow stealing through me. ‘The fire is<br /> here again, in the cold veins ; the thing starts to<br /> live. It is not so beautiful as it was—oh, of<br /> course not—but it may gain yet, it has the power<br /> to grow into a work of art. I have been sitting<br /> three hours over it now; I shall be with it again<br /> this afternoon, and at night. It holds me firmly<br /> and will not let me go. No more shirking, shrink-<br /> ing, dreaming, but work—work—work !<br /> <br /> ‘Next day.—I have re-written my Idea twice.<br /> It is half the length it was at first. I finish in an<br /> ecstasy! It is a wonderful, lovely thing. My feet<br /> do not touch the ground. Everybody remarks<br /> how curiously amiable I am to-day. I feel in love<br /> with all my fellow-creatures, including the worms<br /> and weeds! The very air is rose-colour! I laugh<br /> idiotically at nothing, and go to bed so excited<br /> that I do not expect to sleep till the first thrush<br /> cries, “I come to see you—I come to see you,”<br /> outside my window in the morning.<br /> <br /> Next day.—I have just re-written my Idea again<br /> and sent it to be typed.<br /> <br /> Three days later.—My manuscript has come back<br /> from the typist. I began to read it with despair,<br /> but ended in a mild, only a mild, very mild<br /> triumph. It is not the marvel I thought it, but L<br /> love it and am thankfal. After receiving the final<br /> touches, it will pass, I think, among those who can<br /> have no notion of its first inspired glory.<br /> <br /> A month later—I sent my Idea forth into the<br /> world, and the world, represented by one discern-<br /> ing editor, has welcomed it graciously. I ought<br /> to be happy. Many of my precious brain children<br /> have had to become wandering outcasts, turned<br /> from door to door, to die in the dust ; but this one<br /> is taken by the hand and kindly treated. Oh,<br /> yes, I ought to feel relieved, gratified, even<br /> delighted.<br /> <br /> But alas! alas! Is it my own fault, or the<br /> world’s fault, or the fault of that great horrible<br /> <br /> <br /> <br /> <br /> 112<br /> <br /> Irony that seems to govern our life, that my beau-<br /> tiful, chaste, dainty Idea has grown suddenly<br /> vulgar and unworthy? It is no longer exquisite,<br /> no longer holy. Earthly fingers have smudged it ;<br /> the fragrance of orange-flower, and lemon geranium,<br /> and rosemary, have ceased to cling about it. Now<br /> it smells only of the mould—not the garden mould<br /> that is sweetened by summer rain, but the dust of<br /> ashes. Someone has come to me and said:<br /> ‘“‘ What a pretty little story you have in the Output<br /> this week”? and I have not yet left off inwardly<br /> writhing. My Idea, my glorious conception, kindled<br /> by a flame from heaven—“a pretty little story ”—<br /> ye gods, pity me ! :<br /> <br /> What did [ expect ? Ah, that’s the point. One<br /> does not expect ; one feels, and loves, and works,<br /> and hopes—all in a phrensy, without a definite<br /> desire. But passion seems destined to end this way,<br /> in art as in—other things.<br /> <br /> Well, in years to come, perhaps, I shall take<br /> out my poor shrivelled Idyll, look at it fondly,<br /> swell with mother pride again, and thank the<br /> Powers that be there is nobody by to tell me it is<br /> “a pretty little story!” No rapture then; only<br /> the tenderness of the creator will be left. With<br /> all its glamour gone, its faults laid bare to my<br /> critical eyes, its delicious colours faded, it will still<br /> be my own, my dearly-loved. And the old,<br /> sweet fragrance of orange and lemon, of freesia<br /> and oak-leafed geranium, will steal upward to me<br /> from its yellow pages, a faint incense of memory<br /> from the altar of a once adored Idea.<br /> <br /> By tHe AuTuHor or “Musk oF Rosss.”<br /> <br /> ee oe<br /> <br /> CORRESPONDENCE.<br /> <br /> Bee<br /> PUBLISHERS’ RIGHTS.<br /> <br /> Sr1r,—If a man with no legal training may claim<br /> some lenience in an honest endeavour to understand<br /> the copyright decision lately arrived at by the<br /> Lord Chancellor and his learned brothers, may<br /> J thus venture to interpret their generous apprecia-<br /> tion of the rights of publishers of encyclopedic<br /> literature ? The publisher may, having got out of<br /> them all the use he wants, sell the articles, indi-<br /> vidually or collectively, to newspaper syndicates.<br /> This would have two results. In the first place,<br /> the specialist, who may have spent years and money<br /> in acquiring his expert knowledge, would have the<br /> mortification of reading articles signed by himself in<br /> inferior provincial news-sheets to which he would<br /> never dream of contributing direct. In the second,<br /> his pocket would be hit as well as his vanity, for<br /> there can be no doubt that this cheapening of his<br /> name in country papers would prejudice his chances<br /> of placing new work in more respectable quarters.<br /> <br /> THE AUTHOR.<br /> <br /> If this is really what Lord Halsbury—am I wrong<br /> in thinking that he occupies the post of President<br /> of the Royal Society of Literature ?—desires to see<br /> authors reduced to, then there is nothing more to<br /> be said, and the only remedy is to alter the law,<br /> and, pending that, for authors to defend themselves<br /> individually by special clauses setting this prece-<br /> dent aside. If, however, he is rather of opinion<br /> that such a position is as unreasonable in respect<br /> of encyclopsedic literature as in the case of articles<br /> contributed to periodicals, then, sir, I submit with<br /> respect that it is a pity he did not make this clear.<br /> I have not hypothecated such a case merely as a<br /> frivolous reductio ad absurdum, but in a wholly<br /> correct spirit of curiosity. May I take this oppor-<br /> tunity of stating that I never claimed any right to<br /> make separate use of the article in question. My<br /> contention was merely that, as it had been com-<br /> missioned for one work, of which I was both the<br /> originator and part-editor, the publishers had no<br /> right, without my permission, to use it in another<br /> work in which I had no direct or indirect interest.<br /> Lord Halsbury and his learned colleagues have<br /> thought otherwise, but I hope, given a reasonable<br /> term, to live to see the law, for which I have a<br /> great respect, brought in line with common sense,<br /> for which I have a reverence.<br /> Your obedient servant,<br /> F, G. AFLALO.<br /> Teignmouth, Devon.<br /> <br /> a<br /> <br /> Tue REMUNERATION OF TRANSLATIONS AND<br /> ORIGINAL WORK COMPARED.<br /> <br /> Dear Srr,—In a note that appeared in The<br /> Author, with reference to the remuneration received<br /> by translators for Messrs. Methuen’s Dumas series,<br /> you mention that the average remuneration per<br /> 1,000 words for translation of French work into<br /> English may be reckoned at about 7s. 6d.<br /> <br /> If I may venture to differ from you I should<br /> say that, at all events for fiction, few English<br /> publishers pay more than 5s. per 1,000.<br /> <br /> But in connection with Messrs. Methuen’s rates<br /> <br /> it is instructive to note that not long ago this firm<br /> offered an author for the writing of one of their<br /> well-known series of topographical monographs a<br /> sum which worked out at a little less than seven<br /> shillings a thousand words, and this was for original,<br /> not translation, work! Not only this, but the<br /> offer was made to an author who is a well-known<br /> authority on the special subject he was asked to<br /> write upon. Further, this princely offer was<br /> handicapped by the work having to be written on<br /> approval.<br /> <br /> Yours faithfully,<br /> Ursus Magor. =jhttps://historysoa.com/files/original/5/489/1904-01-01-The-Author-14-4.pdfpublications, The Author
490https://historysoa.com/items/show/490The Author, Vol. 14 Issue 05 (February 1904)<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=49&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=%3Cem%3EThe+Author%3C%2Fem%3E%2C+Vol.+14+Issue+05+%28February+1904%29"><em>The Author</em>, Vol. 14 Issue 05 (February 1904)</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>1904-02-01-The-Author-14-5113–140<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=89&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=14">14</a><a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=76&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=1904-02-01">1904-02-01</a>519040201Che Hutbor.<br /> <br /> (The Organ of the Incorporated Sociely of Authors. Monthly.)<br /> <br /> FOUNDED BY SIR WALTER BESANT.<br /> <br /> <br /> <br /> Vou. XIV.—No. 5d.<br /> <br /> TELEPHONE NUMBER :<br /> 374 VICTORIA.<br /> <br /> TELEGRAPHIC ADDRESS :<br /> AUTORIDAD, LONDON.<br /> <br /> oe -<br /> <br /> NOTICES.<br /> <br /> —1—~— +<br /> <br /> OR the opinions expressed in papers that are<br /> signed or initialled the authors alone are<br /> responsible. None of the papers or para-<br /> <br /> graphs must be taken as expressing the opinion<br /> of the Committee unless such is especially stated<br /> to be the case.<br /> <br /> Tue Editor begs to inform members of the<br /> Authors’ Society and other readers of The Author<br /> that the cases which are from time to time quoted<br /> in The Author are cases that have come before the<br /> notice or to the knowledge of the Secretary of the<br /> Society, and that those members of the Society<br /> who desire to have the names of the publishers<br /> concerned can obtain them on application.<br /> <br /> —+-—&gt;—»<br /> <br /> List of Members.<br /> <br /> THE List of Members of the Society of Authors<br /> published October, 1902, at the price of 6d., and<br /> the elections from October, 1902, to July, 1903, as<br /> a supplemental list, at the price of 2d., can now be<br /> obtained at the offices of the Society.<br /> <br /> They will be sold to members or associates of<br /> the Society only.<br /> <br /> ——<br /> <br /> The Pension Fund of the Society.<br /> <br /> THE investments of the Pension Fund at<br /> present standing in the names of the Trustees are<br /> as follows.<br /> <br /> This is a statement of the actual stock; the<br /> <br /> Vou, XIV,<br /> <br /> FEBRUARY Ist, 1904.<br /> <br /> [PrIcE SIXPENCE.<br /> <br /> money value can be easily worked out at the current<br /> price of the market :—<br /> <br /> @OnsOls 25 6 £1000 0 0<br /> WioGal OWNS 6.0. 500 0 0<br /> Victorian Government 8 % Consoli-<br /> dated Inscribed Stock ............... 291 19 11<br /> War Hoant 201-9 3<br /> Wotal 6. 2. £1,993. 9 2<br /> Subscriptions from October, 1903.<br /> LS. We<br /> Noy. 13, Longe, Miss Julia. : - 0 &amp; 6<br /> Dec. 16, Trevor, Capt. Philip. ~ 07) 0<br /> 1904.<br /> Jan. 6, Hills, Mrs. ©. H. . : 0. 5 0<br /> Jan. 6, Crommelin, Miss . ; 010 30<br /> Jan. 8, Stevenson, Mrs. M. E. . 20 55 26<br /> Jan. 16, Kilmarnock, The Lord . 0 107 6<br /> Donations from October, 1903.<br /> Oct. 27, Sturgis, Julian 50 0 O<br /> Nov. 2, Stanton, V. H. : 56 00<br /> Nov. 18, Benecke, Miss Ida. 120. 0<br /> Noy. 23, Harraden, Miss Beatrice oo 0-0<br /> Dec. Miniken, Miss Bertha M. M.. 0 5 0<br /> 1904.<br /> Jan. 4, Moncrieff, A. R. Hope . 25-0 0<br /> Jan. 4, Middlemas, Miss Jean . ~ 0 10.0<br /> Jan. 4, Witherby, The Rev. C. . 0 500<br /> Jan. 6, Key, The Rev. S. Whittell . 0 5 0<br /> Jan. 14, Bennett, Rev. W. K., D.D. 015 0<br /> <br /> There are in addition other subscribers who do<br /> not desire that either their names or the amount<br /> they are subscribing should be printed.<br /> <br /> a aioe<br /> <br /> FROM THE COMMITTEE.<br /> eS<br /> HE Committee of the Society met on Monday,<br /> January 11th, at 389, Old Queen Street,<br /> Storey’s Gate, 8.W.<br /> <br /> This was the first meeting of the New Year,<br /> which opens satisfactorily, as the Committee had the<br /> <br /> pleasure of electing 30 Members and Associates.<br /> <br /> <br /> 114<br /> <br /> Mr. Douglas Freshfield, Mr. Francis Storr, and<br /> Mr. Sydney Grundy were re-elected Members of the<br /> Committee.<br /> <br /> The other matters discussed were either of<br /> slight importance or were adjourned to the<br /> following meeting.<br /> <br /> —+—&lt;—+ —<br /> <br /> Cases.<br /> <br /> Since the last issue of Ze Author three cases<br /> <br /> have been taken in hand. From this it is evident<br /> that during the Christmas holidays the Members<br /> have given little thought to business. Of these<br /> one has been settled and the Secretary is negoti-<br /> ating for the settlement of the other two, on<br /> favourable terms.<br /> <br /> Of the cases quoted in the January number<br /> there are still six which have not been concluded.<br /> One deals with a demand in the United States, the<br /> other five with matters at home, and there is every<br /> hope that a satisfactory termination will be arrived<br /> at. One case has been taken into the County<br /> Court with the sanction of the Chairman, and will<br /> be most probably heard in February. Other cases<br /> in the hands of the Society’s Solicitors are pro-<br /> ceeding. In cases of bankruptcy or liquidation the<br /> progress is regrettably slow. This, however, is<br /> not the fault of the Society or its Solicitors but of<br /> the present system.<br /> <br /> ++<br /> <br /> January Elections.<br /> <br /> Bennett, The Rev. W. H. 18,<br /> D.D.<br /> Bernard, Henry<br /> <br /> Denning Road,<br /> Hampstead, N.W.<br /> The Bath Club, Dover<br /> <br /> Street, W.<br /> <br /> Brewer, John Francis . 83, St. Quintin’s<br /> Avenue, W.<br /> <br /> The Brooms, Baldersby,<br /> 8.0., Leeds.<br /> <br /> 20, Endsleigh Street,<br /> Gordon Square, W.C.<br /> <br /> 10, Dryden Street, Pil-<br /> ing, Edinburgh.<br /> <br /> 221, Underhill Road,<br /> Dulwich, 8.E.<br /> <br /> Clark, Miss Margery Stan- 6, Esplanade, Seaford,<br /> ley. Sussex.<br /> <br /> Dearmer, Mrs. Percy 11, Chalcot Gardens,<br /> England’s Lane, 8.<br /> Hampstead,<br /> <br /> Koniggratzer Strasse,<br /> Berlin.<br /> <br /> Ely,C. J... : . 26, Great Ormond<br /> <br /> Street, Russell 8q.,<br /> W.C.<br /> <br /> Buckton, Mrs. Robert<br /> Burgess, W. S.<br /> Bryde, Margaretta (Mrs.)<br /> <br /> Cassidy, James<br /> <br /> Dillon, Dr. E. J.<br /> <br /> THE AUTHOR.<br /> <br /> Fabeck, Madame de Villa delle Grazie,<br /> <br /> Alassio, Liguria,<br /> <br /> Italy.<br /> Gosset, Major-General Deadham, Essex.<br /> Hamilion, Angus Authors’ Club, 3,<br /> Whitehall Court,<br /> S.W.<br /> Hassall, John, R.T. 88, Kensington Park<br /> Road, W.<br /> Heath, Dudley ; . 10, Fitzroy Street, W.C.<br /> Hicks, Rev. Edward, St. George’s Vicarage,<br /> D.D. Macclesfield.<br /> Kilmarnock, The Lord . 8, Rue du Taciturne,<br /> Brussels.<br /> <br /> Killaha, St. Albans.<br /> c/o Messrs. Bemrose<br /> &amp; Sons, 4, Snow<br /> <br /> Knight, Maude C. (Mrs.)<br /> Mendis, M. . : :<br /> <br /> Hill, E.C.<br /> Pretor, Alfred Wyke, Weymouth.<br /> Reynard, F. H. Camp Hill, Bedale,<br /> Yorkshire.<br /> Sackville, Lady Margaret Inchmery, Exbury,<br /> Southampton.<br /> Stidston, E. A. Dale View, Beech Alton,<br /> Hants.<br /> <br /> Trevor, Captain Philip<br /> (“ Dux”).<br /> Thackeray, Lance .<br /> <br /> 83, Mount Ararat Road,<br /> Richmond, Surrey.<br /> 42, Linden Gardens,<br /> <br /> W.<br /> 75, Clancarty Road,<br /> Fulham, 8.W.<br /> Workman, Mrs... . c/o Messrs. Brown,<br /> Shipley &amp; Co., 123,<br /> Pall Mall, S.W.<br /> Clarendon Road, Leeds,<br /> Yorkshire.<br /> <br /> Wood, Starr .<br /> <br /> “Margaret Wilton ”<br /> <br /> ————_——_o—&lt;——_e—___——_<br /> <br /> OUR BOOK AND PLAY TALK.<br /> <br /> —+——+ —<br /> <br /> R. ‘Thomas Hardy’s “The Dynasts ” (Part L,<br /> Macmillan) is just out.<br /> <br /> nineteen acts; one hundred and thirty scenes.<br /> <br /> “The Dynasts” is concerned, Mr. Hardy tells us, —<br /> with the Great Historical Calamity or Clash of —<br /> <br /> Peoples, artificially brought about some hundred<br /> years ago. This chronicle-piece, is a kind of<br /> panoramic show,<br /> performance, and not for the stage.<br /> <br /> dramas, other than that of contemporary OF<br /> frivolous life.<br /> <br /> some hundreds, exclusive of crowds and armies, —<br /> <br /> and Phantom Intelligences are introduced as —<br /> spectators of the terrestrial drama. .<br /> <br /> <br /> <br /> <br /> <br /> It isa Drama of ©<br /> the Napoleonic Wars in three parts; —<br /> <br /> a play intended for mental :<br /> Mr. Hardy —<br /> raises the question whether mental performance —<br /> alone may not eventually be the fate of all —<br /> <br /> The dramatis persone number —<br /> <br /> <br /> <br /> <br /> <br /> 3 ai<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> fl<br /> <br /> <br /> <br /> THE AUTHOR. 115<br /> <br /> Mr. I. Zangwill, who will not return to England<br /> for some months, is at present busily engaged on<br /> acomedy in four acts, entitled ‘‘ The Serio-Comic<br /> Governess,” based on his story of the same name.<br /> <br /> Miss Norman Lorimer has just finished a novel<br /> dealing with the brigands of Etna. In it the<br /> scenery and life of the people are depicted, and<br /> much information about the brigands and the<br /> Mafia is interwoven. Between three and four<br /> thousand copies of Miss Lorimer’s novel ‘“ By the<br /> Waters of Sicily’ have been sold.<br /> <br /> A new poetic drama entitled “ Philip of Macedon ”<br /> by Frederick Winbolt, author of ‘“ Messalina,”<br /> “Frithrof the Bold” etc., will very shortly be<br /> issued by the De la More Press.<br /> <br /> Miss Rosaline Masson is writing the letter-press<br /> of “Edinburgh” for Messrs. A. &amp; C. Black. The<br /> illustrations are the work of Mr. Fullylove.<br /> <br /> Major F. C. Ormsby-Johnson has written a novel<br /> which is now in the hands of the publishers. He<br /> has also nearly completed a tale some eighty-five<br /> thousand words in length.<br /> <br /> “Christian Thal,” the latest published work of<br /> M. E. Francis (Mrs. Francis Blundell) deals<br /> entirely with musical life. The interest chiefly<br /> centres round the Leschetzki School of Music at<br /> Vienna, which city figures in the book under the<br /> name of Stattingen. Mrs. Blundell has recently<br /> finished a romance of the days of Queen Anne<br /> entitled “ Lychgate Hall,” which after running its<br /> serial course in the Weekly Edition of the Times,<br /> will be published in England and America by<br /> Messrs. Longman.<br /> <br /> A one act play from her pen in collaboration<br /> with Mr. Sydney Valentine entitled “The Widow<br /> Woos,” was successfully produced at the Hay-<br /> market Theatre on the afternoon of January 9th.<br /> Dramatic versions of two of Mrs. Blundell’s<br /> recent romances are in course of preparation.<br /> <br /> Mr. Charles Marriott has just completed a novel,<br /> “‘Genevra,” which will be published by Messrs.<br /> Methuen in the autumn of this year. The story is<br /> an attempt at a study of feminine temperament,<br /> and the scene is a farm in a valley in the Land’s<br /> End district of Cornwall. Mr. Marriott is now<br /> engaged upon two novels, one romantic, the other<br /> realistic ; both dealing with the present day.<br /> <br /> Mr. Robert Aitken has nearly completed a<br /> volume of sea sketches which he hopes to issue<br /> very shortly. That will be followed by a novel<br /> which is already half finished.<br /> <br /> Miss May Crommelin, whose novel “ Partners<br /> Three” (John Long) has sold well, is at present<br /> writing short stories for Zhe World. Having<br /> spent a considerable portion of last year in<br /> Palestine and Norway, Miss Crommelin is thinking<br /> of studying Sicily, and writing a serial there.<br /> <br /> Mr. Marmaduke W. Pickthall’s new novel,<br /> <br /> entitled “ Enid,” is to be published early this year<br /> by Messrs. Constable. The heroine, daughter of a<br /> rich parvenu, marries a poet, to her discomfort and<br /> his destruction. That is the main thread of the<br /> story-design ; but there are others all contributing<br /> to a view of the transition state of Society to-day.<br /> <br /> Mr. Pickthall is now at work on another piece<br /> of fiction, which will probably not see the light<br /> until the Spring of 1905. Messrs. Methuen &amp; Co.<br /> have bespoken it.<br /> <br /> Mr. M. H. Spielmann’s “Charles Keene:<br /> Etcher”’ is out. The price of the best edition is<br /> fifty guineas. The other edition can be bought for<br /> thirty guineas. Both editions are strictly limited.<br /> <br /> Mrs. M. H. Spielmann’s “ Littledown Castle ”<br /> has gone into a second edition, and is being<br /> translated into French.<br /> <br /> Mr. W. L. St. John Lucas has just published a<br /> book of short stories called “The Vintage of<br /> Dreams” (Elkin Matthews), and Messrs. Constable<br /> &amp; Co. are bringing out his book of poems in the<br /> early spring. Besides this Mr. St. John Lucas is<br /> writing a weekly literary causerie for Zhe World;<br /> he is about to begin a new novel.<br /> <br /> Owing to pressure on space, we omitted to<br /> mention that Mr. Clive Holland has a Japanese<br /> novel partly written ; also, a story dealing with art<br /> student life in the Quartier Jatin.<br /> <br /> Messrs. Jarrold &amp; Sons will issue this month<br /> the second edition of Dr. Panter’s “ Granuaile,<br /> a Queen of the West.”<br /> <br /> Mrs. J. K. M. Iliffe’s “Tales Told at Twilight”<br /> has been brought out in New York by Mr. H. W.<br /> Bell. The Tales are in verse, being founded on<br /> German and French folk-lore. It is appropriately<br /> illustrated by Mr. Percy Billinghurst.<br /> <br /> Mr. Laurence Binyon, whose new volume of poems,<br /> entitled “ ‘The Death of Adam and other Poems,”<br /> was issued quite recently by Messrs. Methuen at<br /> 3s. 6d. nett, has contributed an introductory note<br /> to the first number of Messrs. Macmillan &amp; Co.’s<br /> new Art periodical, “The Artist Engraver,” a<br /> periodical to be devoted entirely to original work.<br /> <br /> Miss Nellie K. Blissett’s novel, ‘‘ The Bindweed,”<br /> will be published shortly by Messrs. Constable &amp; Co.<br /> Her romance, “The Winning of Douce,” is running<br /> as a serial in Zhe Free Lance.<br /> <br /> Mr. Walter Del Mar has published through<br /> Messrs. A. &amp; C. Black a fully illustrated volume<br /> entitled “Around the World Through Japan.”<br /> Intending travellers will find his final chapter,<br /> “Suggestions to Tourists,” particularly useful.<br /> There is a good index.<br /> <br /> In connection with the revival of the Book-<br /> producing Trades of Ireland, Mr. ©. I. Jacobi<br /> has been delivering a lecture on the “Art and<br /> Craft of Printing” at Dublin, Cork, Limerick,<br /> and Belfast, under the auspices of the Department<br /> <br /> <br /> 116<br /> <br /> of Agriculture and Technical Instruction for<br /> Ireland. The lecture is illustrated by lantern<br /> slides, and by the exhibition of specimens. Mr.<br /> Jacobi is the author of various technical works on<br /> printing.<br /> <br /> Mr. Francis H. Gribble, author of “ Early Moun-<br /> taineers,” &amp;c., has written “The Story of Alpine<br /> Climbing” for the Library of Useful Stories,<br /> issued by Messrs. George Newnes, Ltd., at 1s.<br /> This little book is well illustrated, and is some-<br /> thing more than a mere Tourist’s Guide.<br /> <br /> Mr. A. R. Hope Moncrieff’s “ Around London”<br /> is a Guide to the environs for twenty miles round.<br /> Tt is issued in three parts, in paper covers, at 6d.<br /> each. The three parts, bound together in one<br /> yolume, can be had for 2s. 6d. (A. &amp; C. Black).<br /> Each section contains maps of the district dealt<br /> with ; there is a list of railways and stations ; a<br /> table of distances for cyclists, and an index of<br /> places.<br /> <br /> “Beyond the Northern Lights” is a tale of<br /> adventure in unknown seas, by Mr. Reginald Wray,<br /> author of “Tales of the Empire,” ‘ Adventures on<br /> Land and Sea,” &amp;c. This story for boys and girls<br /> is published by Mr. T. Burleigh, and is No. 1 of<br /> the Reginald Wray Adventure Series.<br /> <br /> A story of world travel, by the Hon. Mrs. E. A.<br /> Gordon, entitled “ Clear Round,” is now in a third<br /> edition, revised and enlarged, with illustrations,<br /> maps, and an introductory letter from the late<br /> Professor Max Miiller. Mrs. Gordon has dedicated<br /> this book to her children. Not long ago this<br /> authoress published, through Messrs. Kegan Paul,<br /> at 15s., “The Temples of the Orient and Their<br /> Message.”<br /> <br /> The first two volumes of Mr. Herbert Paul’s<br /> “History of Modern England” are to be published<br /> immediately by Messrs. Macmillan &amp; Co, The<br /> author takes as his starting point the fall of Sir<br /> Robert Peel’s Cabinet in 1846. Though the work<br /> will present a picture of England under Free<br /> Trade, the book is not a mere history of politics,<br /> but passes under review the whole life of the<br /> nation as manifested also in science, literature,<br /> and art.<br /> <br /> The first of the two volumes of “ Modern<br /> England” carries the story down to 1855; the<br /> second begins with the Treaty of Paris, signed<br /> after the Fall of Kars, and terminates with the<br /> close of the Palmerstonian era in 1865.<br /> <br /> Mr. W. M. Rossetti contributes a preface, a<br /> memoir of his sister, notes and appendices, to<br /> the new edition, in one volume, of “The Poetical<br /> Works of Christina Georgina Rossetti,” which<br /> Messrs. Macmillan will issue at once.<br /> <br /> Lord Avebury’s new volume of “Essays and<br /> Addresses, 1900—1903” (Macmillan), covers a<br /> wide field. Among others, there are papers on<br /> <br /> THE AUTHOR.<br /> <br /> Our Fiscal Policy; Bank Holidays and Early<br /> Closing ; Richard Jefferies and Macaulay; and<br /> there is the first Memorial Lecture delivered at<br /> the Anthropological Institute on Huxley’s Life<br /> and Work.<br /> <br /> Mr. G. 8. Layard’s novel, “ Dolly’s Governess.”<br /> is to be published in April by Messrs. Isbister &amp;<br /> Co.<br /> <br /> The February issue of The Monthly Review will<br /> contain an article by Mr. Robert Machray on the<br /> Eastern Question.<br /> <br /> “Letty” reached its one hundredth perform-<br /> ance at the Duke of York’s Theatre on Thursday,<br /> January 14th. The next production at this theatre<br /> will be “ Captain Dieppe,” the three-act comedy by<br /> Anthony Hope and Harrison Rhoades.<br /> <br /> “A Chinese Honeymoon” celebrated its 932nd<br /> performance at the Strand Theatre on Wednesday,<br /> January 20th, thus breaking the record as regards<br /> musical plays.<br /> <br /> “A Country Girl” celebrated its second anni-<br /> versary at Daly’s Theatre on January 18th.<br /> <br /> Mr. Beerbohm Tree will start two companies on<br /> tour this month. One will play “The Darling<br /> of the Gods”; the other will play a series of<br /> Shakespearean dramas. In “The Darling of the<br /> Gods”? Mr. Robert Pateman will take Mr, Tree’s<br /> part of Zakkuri. In the Shakespearean plays,<br /> Miss Constance Collier, Mr. Oscar Asche, and Mr.<br /> Lionel Brough will appear.<br /> <br /> At the Haymarket Theatre, on the evening of<br /> January 19th, a brilliant comedy in three acts, by<br /> Mr. H. A. Jones, was presented with marked success.<br /> It is entitled “Joseph Entangled.” Mr. Cyril Maude,<br /> Mr. Sam Waring, Mr. Sam Sothern, Miss Ellis<br /> Jeffreys, Miss Winifred Arthur Jones, and Miss<br /> Beatrice Ferrar are in the cast. At the end<br /> of the play, Mr. H. A. Jones was called before<br /> the curtain and received an ovation from the<br /> appreciative audience.<br /> <br /> ———_—&lt;\_+—&lt;—__+____——<br /> <br /> PARIS NOTES.<br /> <br /> —+——<br /> <br /> &quot; E Pays natal,” by M. Henry Bordeaux, has<br /> <br /> recently been published in a new edition, —<br /> <br /> and, as this author is now in high favour,<br /> everyone is glad to have the opportunity of reading<br /> his first novel. There is nothing about it to suggest<br /> <br /> that it is a first novel, and one can only conclude<br /> that the author had very wisely waited until the<br /> right time before sending out any of his work into<br /> the world. -<br /> <br /> “Le Pays natal,” like all the later books by M. -<br /> Bordeaux, is remarkable for its simplicity and<br /> <br /> <br /> <br /> <br /> <br /> <br /> od<br /> <br /> <br /> <br /> ifs<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> absolute sincerity. There is no seeking for effect,<br /> neither are there any wild stretches of the imagina-<br /> tion. It is just a simple story simply told, but<br /> with a whole world of meaning for those who care<br /> to think.<br /> <br /> It touches on a subject that has been much dis-<br /> cussed of late years in France: decentralisation<br /> and the individual responsibility of landowners.<br /> <br /> The story opens with the return of Lucien<br /> Halande, at the age of thirty, to his pays natal,<br /> Savoy.<br /> <br /> Since the death of his parents he has been<br /> living in Paris, and his intention is to sell the<br /> estate he has inherited and return to the capital<br /> for the rest of his days.<br /> <br /> This is not as easy as he had imagined it would<br /> be. As he sets foot once more in the old home he<br /> finds that it is full of old memories, and he also<br /> wakes up to the fact that for the last ten years he<br /> has been selfishly shirking his duties as a land-<br /> owner. There is a romance, too, running through<br /> the story from this point. Lucien meets again his<br /> old playfellow, Annie Mérans, and if only he had<br /> come back a few years earlier would certainly<br /> have married her. He has returned too late, and<br /> is only in time now to be a witness to the good<br /> fortune of another man and a man who is quite<br /> unworthy of Annie. Lucien settles down in his<br /> old home and is tortured by all that he sees, and<br /> by the thought that things might have been so<br /> different had he not wasted ten years of his life.<br /> The chief interest of the story commences with<br /> Annie’s wedding, and never flags to the end of the<br /> book. M. Bordeaux is too true and conscientious a<br /> novelist to avoid all that is unpleasant when telling<br /> his story, but he never lingers over unpleasant<br /> things and does not drag in unnecessary details.<br /> There is a wholesomeness about his books which<br /> is as refreshing as that mountain air of his beloved<br /> Savoy which seems to pervade most of his volumes.<br /> <br /> “Terres de Soleil et de Brouillard,” by Brada,<br /> is a most delightful volume, consisting of sketches<br /> of Italian and English life. The description of<br /> Tuscany and its people is most interesting, and<br /> the explanation of many things connected with<br /> Rome very instructive. When the author touches<br /> on England and her people we are glad to see our-<br /> selves for a time as others see us, but though we<br /> agree with very much that is said about us, we<br /> certainly think that there is something else to add<br /> to these chapters on the “land of fog.”<br /> <br /> Five books by the Abbé Loisy are prohibited by<br /> the Catholic Church. The titles of these works are,<br /> “Autour d’un petit livre,” ‘“L’Hvangile et<br /> L’Eglise,” “ Etudes Evangeliques,” “ La Religion<br /> d’Israé#l,” and “L’Evangile de St. Jean.” The<br /> Abbé has distinctly advanced ideas.<br /> <br /> Among other books published recently here are ;<br /> <br /> 117<br /> <br /> “Les Etapes du socialisme”? by Paul Louis ;<br /> “Les Amitiés francaises,” by M. Maurice Barrés ;<br /> “‘ Mediterranée,” by Mlle. Lucie Felix Faure ;<br /> “Tes Epées de fer,’ by Maurice Montégut ; “La<br /> Jungle de Paris,’ by Jean Rameau ; “ Impres-<br /> sions Africaines,” by Bonnafos; “ L’dme et<br /> Lévolution de la littérature,” by Georges Dumes-<br /> nil; ‘ Les Fiaacailles d’ Yvonne,” by J. H. Rosny ;<br /> “Tes Arts et les Lettres,” by M. Leon Riotor ;<br /> “T’Aube du théitre romantique,”’ by Albert Je<br /> Roy.<br /> <br /> The Goncouré Academy prize was awarded to<br /> M. John Antoine Nau for his novel, ‘ Force<br /> ennemie.”<br /> <br /> Madame Arvéde Barine has just received the<br /> decoration of Chevalier de la Légion d’ Honneur<br /> for her literary work.<br /> <br /> Madame Barine and Madame Daniel Lesueur<br /> are the only two women writers in France who<br /> have been awarded this distinction. Madame<br /> Barine’s works are the following : ‘“ Portraits de<br /> Femmes,” ‘“ Essais et Fantaisies,” ‘* Princesses et<br /> Grandes Dames,” “ Bourgeois et Gens de Peu,”<br /> “ Névrosés,’ ‘* Bernardin de Saint Pierre,”<br /> “ Alfred de Musset,” “Francois d’Assise et la<br /> Légende des Trois Compagnons,” “ La Jeunesse de<br /> la Grande Mademoiselle.”<br /> <br /> At the Comédie-Frangaise, M. Hervieu’s piece<br /> “Te Dédale” is still being played, and at the<br /> Odéon “ L’Absent.” The French version of “The<br /> Second Mrs. Tanqueray” is soon to be given at<br /> this theatre. At the Sarah Bernhardt Theatre<br /> “ La Sorciére”’ still draws a full house.<br /> <br /> M. Antoine continues to give us a three-play<br /> bill and to put on new pieces with astonishing<br /> rapidity. At the Vaudeville, since the departure<br /> of Mme. Réjane, M. Porel appears to be trying an<br /> experiment, which certainly deserves reward. He<br /> has sent round a letter in which he states that since<br /> ‘Mme. Sans Gene” no piece has been given in his<br /> theatre to which parents could take their daughters,<br /> and he adds that the play he has now put ‘on,<br /> “Frere Jacques,” is at the same time “ultra<br /> Parisian ” and a “ piece de famille.”<br /> <br /> At the Gymnase, “ Le Retour de Jérusalem,” and<br /> at the Renaissance, “ L’Adversaire,” appear to be<br /> greatly appreciated, so that altogether Parisians<br /> cannot complain this season of any dearth of<br /> excellent plays.<br /> <br /> M. Bour has put on, at the Théatre Victor Hugo,<br /> a somewhat daring piece entitled “Le Droit des<br /> Vierges.” The author is M. Paul Hyacinthe<br /> Loyson, son of the celebrated Pere Hyacinthe, and<br /> the play is written with a distinct purpose. Inan<br /> unpublished version of it which M. Loyson gave<br /> me some time ago to read, there is a preface by<br /> Bjérnstjerne Bjornson and a short explanation by<br /> the author of “ Le Droit des Vierges,” in which he<br /> <br /> <br /> 118<br /> <br /> tells us that the idea of this piece is founded on an<br /> episode of which he was once a witness. M. Paul<br /> Loyson has taken up a delicate mission most<br /> courageously, just as his father did before him<br /> many years ago.<br /> <br /> M. Bour has staged this piece admirably, and<br /> <br /> lays his own part to perfection.<br /> <br /> The Weekly Critical Review published on the<br /> 92nd of January a double number in honour of<br /> its anniversary. A special article was written for<br /> it by the Viscount Melchior de Vogiié, whose book,<br /> “Te Maitre de la Mer,” has been such a success<br /> this season. The subject of this article is “ Joseph<br /> Chamberlain,” and it is published in French and<br /> English.<br /> <br /> Other articles of interest in this number are<br /> “Tes Décadents,” by M. Rémy de Gourmont ;<br /> “ Le Retour au Paysage Historique,” by M. Frantz;<br /> “Discovery of a Michel An gelo in Paris,” “ Bimini,”<br /> by John Gurdon; ‘‘Le Roman Contemporain ;”’<br /> “Moscow,” by Arthur Symons; and an exquisite<br /> poem entitled “ Hymn to Earth,” by Arthur Symons.<br /> This review has recently published several excellent<br /> poems, among others “ ‘The Great Idea,” by George<br /> Cabot Lodge, whose verses we have only seen,<br /> hitherto, in Seribner’s Magazine. In these days<br /> when poetry worthy of the name is so rare in<br /> England, one is glad to see exceptional work of<br /> this kind in the magazines.<br /> <br /> The death of George Gissing has not passed<br /> unnoticed here. By the deep regret expressed by<br /> all who knew his works or who had met him since<br /> his residence in France, one realises how thoroughly<br /> he was appreciated.<br /> <br /> That, in England, his success should have been<br /> so tardy seems absolutely incomprehensible. The<br /> first book of Gissing’s which was translated into<br /> French drew attention to him here. After the publi-<br /> cation of the second in serial form, in a daily paper,<br /> he was spoken of as “the English Balzac.” The<br /> French have undoubtedly the gift of discrimination<br /> in literature, and one can only regret now that a<br /> translation of each of Gissing’s books was not<br /> brought out here soon after the publication of the<br /> work in England.<br /> <br /> Both “New Grub Street” and “ Eve’s Ransom”<br /> have been used in French as serials and afterwards<br /> published in volume form, The translation of<br /> these two works is admirable. In some English<br /> paper it was stated that Gissing translated “ New<br /> Grub Street” himself, but this isa mistake. He<br /> certainly had a thorough knowledge of the French<br /> language, and another translator, who was then<br /> at work on “The Whirlpool,” expressed great<br /> surprise that Gissing did not write his books in<br /> French as well as in English. “In the Year of<br /> Jubilee” is to appear shortly in French as a serial<br /> in a daily paper. “The Odd Women,” too, is<br /> <br /> THE AUTHOR.<br /> <br /> translated, and “The Paying Guest” and “The<br /> Town Traveller ” are arranged for.<br /> <br /> Personally, too, Gissing was highly esteemed<br /> here. Exclusive as the French are, they were<br /> more than willing to open their doors to him.<br /> Shortly after his death I received a letter contain-<br /> ing the following lines, bearing the signature of<br /> one of the best known names in France: “ On<br /> me dit que la mort de M. Gissing a été annoncée<br /> dans le journal Ze Temps. Pouvez-vous me dire<br /> si cette nouvelle est exacte, vous savez tout<br /> Vintérét que je portais &amp; cet homme de talent, de<br /> coeur et d’ un caractére adorable.” Everyone who<br /> had met him here speaks with genuine sorrow of<br /> his death.<br /> <br /> Auys HALLARD.<br /> <br /> i<br /> <br /> THE NOBEL PRIZE.<br /> <br /> ee<br /> MEETING of the Committee for the Nobel<br /> prize for literature was held on Thursday,<br /> January 14th, at the offices of the Incor-<br /> porated Society of Authors, 39, Old Queen Street,<br /> Storey’s Gate,S. W.,Mr. Rdmund Gosse in the chair.<br /> The purpose of the meeting was to receive the<br /> votes collected in answer to the circular sent out<br /> last November by the Committee, and to authorise<br /> their transmission to Stockholm. :<br /> These votes will now be sent to the Committee wid<br /> of the Swedish Academy, as an indication of the tee<br /> wishes of those in England qualified under the<br /> regulations of the Nobel Bequest, to express an<br /> opinion. The award will be made in the autumn ig<br /> of the present year, by the Committee of the Wa<br /> Swedish Academy constituted for that purpose, |<br /> with which Committee alone the power of decision<br /> rests. The votes from the English contingent this<br /> year are numerous, including in their list the names<br /> of most of the eminent writers of the day.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ———_—_?—&lt;—_2—____-<br /> <br /> SWEDEN AND THE BERNE<br /> CONVENTION.<br /> <br /> <br /> <br /> <br /> <br /> INCE Denmark has joined the Berne Conven-<br /> tion the partisans of a similar step in Sweden<br /> have recovered courage and are now making<br /> <br /> new exertions to bring their country out of the isola-<br /> tion which begins to press doubly hard upon them.<br /> As early as the 12th October, 1894, the Swedish<br /> Society of Authors (Sveriges Forfatterforening)<br /> addressed to the king an address, strongly supported<br /> by documentary evidence (an analysis of which<br /> will be found in Le Droit d’ Auteur, 1896, p. 159,<br /> etc.), in favour of the extension of international<br /> protection of authors, and more particularly in<br /> favour of a more liberal solution of the question of<br /> <br /> <br /> if<br /> <br /> wo<br /> <br /> 8 LD: pera<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> the rights of translation.<br /> ber last the same Society presented a new petition<br /> to the Swedish Government praying that a pro-<br /> position for such a modification of the present<br /> legislation as may enable Sweden to follow the<br /> example of Denmark may be presented to the<br /> Riksday. This petition was signed by MM. Karl<br /> Warburg, Verner von Heidenstam, George Nor-<br /> densvam, Gustaf af Geyerstam, F. U. Wrangel,<br /> Axel Raphael, Knut Michaelson, Per Hallstrém,<br /> Hellen Lindgren.<br /> <br /> On the 19th of September M. Ossian Berger,<br /> Minister of Justice, forwarded this petition to the<br /> two societies of Swedish publishers, the Svenska<br /> Bokforliggare-Foreningen and the Nya Bokforldg-<br /> gare-Foreningen, as well as to the Society of Swedish<br /> Journalists, in order to obtain their opinions on<br /> the question. The first of the above-named<br /> Societies has already arrived at a decision entirely<br /> favourable to the desires of the authors. The<br /> society also goes further and formally unites its<br /> request with that presented in the petition ; and<br /> this is the more remarkable seeing that the same<br /> society in 1895 dissuaded the Swedish Govern-<br /> ment from joining the Berne Convention. The<br /> Swedish Parliament meets on the 15th of Janu-<br /> ary ; and the friends of the Union firmly hope<br /> that the Riksdag may be authorised to proceed to<br /> a revision of the Swedish internal law of copyright,<br /> and that so Sweden may in the course of the year<br /> become one of the countries of the Union.<br /> <br /> This hope has now been confirmed. The Society,<br /> which has for some time been endeavouring to<br /> obtain a special copyright agreement between<br /> Sweden and the United Kingdom, has heard from<br /> His Majesty’s Foreign Office that “ there will be<br /> no need to proceed further in the matter as His<br /> Majesty&#039;s Minister at Sweden reports that the<br /> Swedish Government intend shortly to submit to<br /> the Diet a proposal for the accession of Sweden to<br /> the Berne Convention.”<br /> <br /> or<br /> THE CONTRACT OF BAILMENT.<br /> Se<br /> “ H. T.,” in the December Author, and<br /> <br /> “An Editor” in The Author for<br /> <br /> January, have treated the question of<br /> the editor’s responsibility for the safety of<br /> unsolicited manuscripts from different points<br /> of view, and at first sight appear to hold<br /> different opinions as to the principles which should<br /> govern the question of his liability. Perhaps,<br /> however, in considering concrete instances they<br /> would frequently arrive at the same conclusions,<br /> although sometimes their “ findings of fact” would<br /> not be the same, and their deductions as to the<br /> legal position would differ in corresponding degree.<br /> <br /> 119<br /> <br /> On the 14th of Septem They would differ sometimes (and so would most<br /> <br /> people having interests at stake, and being, there-<br /> fore, to some extent, “ prejudiced”) as to what<br /> constitutes or implies an invitation to strangers<br /> to contribute to a periodical, and as to whether a<br /> certain state of facts exists “for the benefit” of<br /> both parties.<br /> <br /> Let me quote the notice to would-be contri-<br /> butors which appears in the Free Lance, a<br /> weekly penny periodical probably known to some<br /> if not to all of the readers of The Author :-—<br /> <br /> IMPORTANT NOTICE TO CONTRIBUTORS.<br /> <br /> While declining responsibility for the safety of MSS.<br /> submitted to us, every possible care will be taken.<br /> <br /> All MSS. must have the author&#039;s name and address<br /> written legibly on the title page. When payment is<br /> desired the price must also appear on the title page.<br /> Every manuscript must be accompanied by a stamped<br /> and addressed envelope for return in case of unsuitability.<br /> <br /> In future all rejected manuscripts not accompanied by<br /> stamped and addressed envelopes will be destroyed.<br /> <br /> What is the position of the editor of the Free<br /> Lance, assuming that his notice is brought under<br /> the observation of his contributor? It is true<br /> that he does not in terms invite anybody to write<br /> for him, and that he “declines responsibility ” for<br /> the MS. submitted to him at the commencement<br /> of his notice ; but does not the whole notice,<br /> including even the last two lines, constitute an invi-<br /> tation to the author to submit MSS. to the editor,<br /> and does it not thus establish a system of bailment<br /> for the mutual advantage of both? In such cir-<br /> cumstances is not the editor bound to take good<br /> care of and to return any MS. which he may not<br /> make use of ? I do not suggest that he is obliged<br /> to convey it or even to post it to the sender (except<br /> in those cases in which he gives a direct or implied<br /> undertaking to do so), but I do not see why he<br /> should not, at law, be responsible for it during a<br /> reasonable time and be bound to hand it back to<br /> the contributor who calls and asks for it. Has he<br /> any right to treat it more carelessly than those<br /> which he has accepted and will in due course make<br /> use of to his own profit ? Can he lose it if he is<br /> reasonably careful? In the notice quoted the<br /> editor lays down acondition with regard to sending<br /> stamped and addressed envelopes, which implies an<br /> undertaking to return all MSS. accompanied by<br /> these useful receptacles. The receptacle prepared<br /> by him for the MS. not so accompanied is,<br /> apparently, the waste-paper basket or the fire.<br /> The editor deliberately warns his correspondents<br /> of this, and the would-be contributor who reads<br /> the notice will probably comply with it. Let us<br /> suppose, however, that he does not do so either<br /> (1) deliberately or (2) through temporary forget-<br /> fulness. With regard to (1), would “ An Editor,”<br /> who evidently has the advantage of a legal training,<br /> venture to advise a client that he might invite the<br /> <br /> <br /> 120<br /> <br /> deposit of valuable property upon his premises for<br /> his inspection for the mutual good of the depositor<br /> and himself, that he might couple with this invita-<br /> tion a condition easily fulfilled, but at the same<br /> time easily omitted, and that upon a failure to<br /> comply with the condition he might safely destroy<br /> the property so deposited? ‘An Editor” will<br /> perhaps consider that I have overstated the case,<br /> and that the “notice to contributors” which I<br /> have quoted goes beyond anything which he con-<br /> templated. I am inclined to doubt, however,<br /> whether the editor of the Free Lance (except<br /> in the fact that his notice affords evidence of his<br /> position) is more liable to his contributors than<br /> any other editor who selects from MSS. sent to<br /> him unsolicited by strangers such as are suitable<br /> for his paper, publishes and pays for them. If the<br /> editor of a periodical never reads any unordered<br /> MSS., and still more if he also puts a notice in his<br /> paper to that effect, he occupies a very strong<br /> position with regard to any unsolicited MSS. which<br /> may find their way into his letter-box.<br /> <br /> { hazard the suggestion, however, that in fact<br /> no such MSS. would ever reach his office except<br /> through a mistaken idea on the part of the sender<br /> as to the attitude of the editor. I may hate alcohol<br /> with all the energy of the keenest prohibitionist,<br /> and someone may send me a consignment of old<br /> port of peculiar quality and rarity under the<br /> impression that I am a connoisseur who will<br /> jump at the chance of purchasing it. The mis-<br /> take may be due to the grossest carelessness, the<br /> most reckless want of inquiry, but I doubt if I<br /> should therefore be justified in throwing that old<br /> port into the sewer ; particularly if I knew the<br /> name of the consignor, and had every reason to<br /> believe that he would like to have it back and<br /> would some day apply for its return, should I not<br /> accept his offer. I have put the case (2) of tem-<br /> porary forgetfulness where such a notice as that<br /> of the editor of the Free Lance is concerned ; but<br /> T am not sure that on principle temporary forget-<br /> fulness on the part of the sender makes very much<br /> difference to the position of the recipient who wilfully<br /> destroys the thing sent. What is the position then<br /> of the person who receives avaluable article, whether<br /> a MS. article or a case of ’47 port or anything<br /> else, without having asked for it either in terms or<br /> by implication ? Would “G. H. T.” argue (to<br /> quote from his last paragraph) that the articles are in<br /> such a case “sent for the benefit of both parties,”<br /> and that “ under these circumstances” the recipient<br /> “ig more than a mere gratuitous bailee, and would<br /> be responsible accordingly ?”” I should hardly agree<br /> with him if he put his case so high as that. I<br /> should say that the receiver had no right to destroy<br /> the goods sent, or to refuse to give them up if<br /> within a reasonable time a proper request were<br /> <br /> THE AUTHOR.<br /> <br /> made for them, but that beyond this the sender<br /> would have little, if any, claim upon him, even if<br /> he did not treat them as carefully as he would<br /> have treated his own property. I should also say,<br /> however, that a little want of tolerance and courtesy<br /> on the part of either or both might land them in<br /> litigation, of which the issue would be doubtful, and<br /> would depend upon the particular facts proved.<br /> This applies, no doubt, to many cases where<br /> publishers or editors, and authors are concerned.<br /> A little good sense and care on the part of the<br /> author, as “ An Editor” very ably explains in_his<br /> last paragraph but one, is of considerable aid in<br /> avoiding difficulties. He should gain some super-<br /> ficial acquaintance (say, by glancing at the cover<br /> or index) with the magazine to which he sends his<br /> work, or with the books of the publisher (say, by<br /> glancing at his advertisements). He might in the<br /> case of periodicals look for and read the “ notices<br /> to contributors,” although this might prevent him<br /> from some day denying on oath that he had seen<br /> them. He would get a general idea of what was<br /> in the editor&#039;s mind even from a notice such as<br /> that in the Free Lance, although he might not be<br /> able to grasp at once all the possible contingencies<br /> which might follow upon non-compliance with the<br /> conditions laid down. What, for example, is the<br /> position of the editor of the Free Lance where a<br /> contributor has written his name and address on<br /> the back of his MS. instead of on the “ title page,”<br /> or where he has given his address on the MS. and<br /> has enclosed stamps for its return (a common<br /> method with which many editors are quite satis-<br /> fied), but has not sent a stamped and addressed<br /> envelope? Surely*G. H. T.” and “ An Editor ”<br /> might meet and confer upon the possibilities<br /> suggested by the latter state of affairs.<br /> editor in the circumstances suggested burn the<br /> MS. and keep the stamps? If he may do this,<br /> may he use the stamps for his private corre-<br /> spondence ? If so, may he, should he prefer it,<br /> burn the stamps and keep the MS., also for his<br /> private use, such as to paper the walls of his office,<br /> or in order to write his own copy on the back of<br /> it? Or may he use for his own ends (other than<br /> those intended by the author) both MS. and stamps?<br /> All these questions suggest themselves and more<br /> <br /> also, and in any case the particular facts must be |<br /> <br /> known before an opinion can be worth much, and<br /> T am not aware thata good typical case of the loss<br /> or destruction of the unsolicited MS. has ever been<br /> <br /> fairly tested. Perhaps this is partly because editors /<br /> are not all quite as black sheep as some unlucky or:<br /> <br /> imprudent authors would have us believe. I have<br /> had MSS. lost myself. In one instance at least I<br /> have been compensated, but then as far as I<br /> <br /> remember, I had kept a copy and only asked<br /> for the price of retyping it, which was all the<br /> <br /> May the ~<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE<br /> <br /> damage I had suffered. I am not at all sure, how-<br /> ever, that I did not once receive the price of the<br /> story after it was lost and before I had found my<br /> copy, and forwarded it. In any case I have often<br /> (I regret it from my personal point of view only)<br /> received back unsolicited MSS. with which I had<br /> enclosed neither envelope nor stamps.<br /> HK, A. A,<br /> <br /> —_—___e— &gt; —____<br /> <br /> AN ESTIMATE OF THE COST OF<br /> PRODUCTION.<br /> <br /> —+-&gt;-+—_<br /> <br /> HEN the “Cost of Production” was first<br /> issued by the Society there was an outcry<br /> from some publishers and printers that it<br /> <br /> was impossible to print on the terms set forth in<br /> its pages.<br /> <br /> Nevertheless, frequent proofs came to the<br /> Society’s office that the figures were not only<br /> reasonable, but in many cases in excess of the<br /> estimates sent in by thoroughly responsible printing<br /> houses who had their works in the country. It<br /> was only in the case of some of the old established<br /> London houses that the estimates were in excess of<br /> those given in the “ Cost of Production,” and even<br /> in these cases the difference was only a small one—<br /> a matter of some 5 per cent.<br /> <br /> The “Cost of Production” is out of print ; but<br /> from time to time, as examples have come to the<br /> office, specimens of estimates for book production<br /> have been printed, and Sir Walter Besant in his<br /> work “The Pen and the Book” wrote a chapter<br /> under this heading.<br /> <br /> Since the time when the “ Cost of Production ”<br /> sold out, and since the date of the issue of<br /> “The Pen and the Book,” prices have altered con-<br /> siderably, and work is being done more cheaply.<br /> <br /> In order to show this by definite example, the<br /> cost of production, received through a publisher<br /> from a firm in the country, of 1,000 copies of a<br /> book, is printed for comparison with the cost of pro-<br /> duction of a similar book, taken from the Society’s<br /> former work.<br /> <br /> The book is one of nine sheets of thirty-two pages<br /> with about 250 words to a page, crown octavo.<br /> The estimate is for 1,000 copies.<br /> <br /> The estimate received this year is as follows :—<br /> <br /> 8.1.<br /> <br /> Composition, 9 sheets of 32 pages at<br /> 38s. : : ; : ; » 17 2.0<br /> Presswork, 9 sheets of 82 pagesat 16s. 7 4 0<br /> Paper, 11 reams at 15s. : 12880<br /> <br /> Binding, say in two colours on board<br /> at per copy 4d. 16 13-4<br /> £49 4 4<br /> <br /> AUTHOR.<br /> <br /> 121<br /> <br /> The figures for the same book, published in the<br /> Society’s “ Cost of Production ” :—<br /> <br /> &amp; 8, a.<br /> Composition, 9 sheets of 32 pages at<br /> £2 15s. . ; : : . 2415 0<br /> Presswork, 9 sheets of 32 pages at<br /> Sits, ; : ; : 090<br /> Paper, 9 sheets of 82 pages at £115s. 15 15 0<br /> Binding, say at 4d. : : » 16 18 4<br /> <br /> £66 12 4<br /> <br /> It will be seen from a comparison of the two<br /> sets of figures that the cost of composition is con-<br /> siderably less ; that the cost of printing is about<br /> the same, and the cost of paper enormously reduced,<br /> and that these figures huld generally may be taken<br /> as an accepted fact.<br /> <br /> As a proof of this statement another estimate is<br /> printed where the number of words on a page was<br /> fewer, and the type in which the book was set up<br /> was larger, the pages of the book being slightly<br /> smaller than those in the book referred to in the<br /> previous estimate.<br /> <br /> Printing 1,000 Copies. £ sa.<br /> Setting types, per 32 pages, say 9<br /> <br /> <br /> <br /> sheets, 26s. . : : 1 14<br /> Printing, 1,000 copies per 32 pages,<br /> <br /> 9 sheets, at 15s. 6d. : 619° 6<br /> Paper (say)... ; : : - 1 100<br /> Binding, 1,000 copies at 43/7. = 181540<br /> <br /> £144 18 6<br /> <br /> ——————1——&gt;—o—__<br /> <br /> THE COPYRIGHT LAW OF THE UNITED<br /> STATES AND THE AUTHORS OF THE<br /> CONTINENT.<br /> <br /> —_—<br /> <br /> 1 the Senate of the United States, December<br /> 8th, 1903, Mr. Platt, of Connecticut, intro-<br /> duced the following Bill; which was read<br /> <br /> twice and referred to the Committee on Patents.<br /> <br /> A Birt To AMEND CHAPTER Forty-NINE HUNDRED<br /> AND Firty-T&#039;wo oF THE REVISED STATUTES.<br /> <br /> Be it enacted by the Senate and House of<br /> Representatives of the United States of America<br /> in Congress assembled, That section forty-nine<br /> hundred and fifty-two of the Revised Statutes be,<br /> and the same is hereby, amended so as to read as<br /> follows :<br /> <br /> “Sec. 4952. The author, inventor, designer, or<br /> proprietor of any book, map, chart, dramatic or<br /> musical composition, engraving, cut, print, or<br /> photograph or negative thereof, or of a painting,<br /> drawing, chromo, statue, statuary, and of models<br /> or designs intended to be perfected as works of the<br /> <br /> <br /> 122<br /> <br /> fine arts, and the executors, administrators, or<br /> assigns of any such persons shall, upon complying<br /> with the provisions of this chapter, have the sole<br /> liberty of printing, reprinting, publishing, com-<br /> pleting, copying, executing finishing, and vending<br /> the same, and in the case of a dramatic composi-<br /> tion of publicly performing or representing it or<br /> causing it to be performed or represented by others ;<br /> and authors or their assigns shall have exclusive<br /> right to dramatize and translate any of their works<br /> for which copyright shall have been obtained under<br /> the laws of the United States.”<br /> <br /> “ Whenever the author or proprietor of a book<br /> in a foreign language, which shall be published in<br /> a foreign country before the day of publication in<br /> this country, or his executors, administrators, or<br /> assigns, shall, within the twelve months after the<br /> first publication of such book in a foreign country,<br /> obtain a copyright for a translation of such book<br /> in the English language, which shall be the first<br /> copyright in this country for a translation of such<br /> book, he and they shall have, during the term of<br /> such copyright, the sole liberty of printing,<br /> reprinting, publishing, vending, translating, and<br /> dramatizing the said book, and in the case of a<br /> dramatic composition, of publicly performing the<br /> same, or of causing it to be performed or represented<br /> by others.”<br /> <br /> —&lt;_?<br /> <br /> In March, 1891, certain amendments were<br /> inserted as part of the Copyright statute which<br /> had for their purpose the bringing the United<br /> States into copyright relations with the other<br /> literature-producing nations of the world. The<br /> several European States had, from an early<br /> period in the century (1880—1834) entered into<br /> individual treaties with each other under which<br /> their authors (and artists) secured for their pro-<br /> ductions reciprocal protection ; and in 1887 these<br /> States came together, under the Berne Convention,<br /> jn an association the regulations of which secure<br /> copyright recognition throughout nearly the entire<br /> territory of Europe (Holland, Austria-Hungary,<br /> and Russia are still outside) and also in Tunis,<br /> Liberia, and Japan. :<br /> <br /> It had for many years been a ground for mortifi-<br /> cation to citizens who were jealous for the good<br /> name of their country, that the United States had<br /> refused, in regard to the recognition of property<br /> in literature, to enter into the comity of nations.<br /> As far back as 1837, an association had been<br /> organized (of which the late George P. Putnam<br /> was secretary) to bring about an international<br /> copyright, but a contest of more than half a<br /> century was required before it proved practicable<br /> to interest and to educate public opinion, and to<br /> secure from Congress favourable action for a bill<br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> securing property rights for foreign authors, and<br /> (under reciprocity arrangements) protection across<br /> the Atlantic for the productions of American<br /> authors. Before the Act of 1891, copyright could<br /> be secured in this country only for the productions<br /> of citizens of the United States or of those who<br /> could be classed as permanent residents. Under<br /> the new law, the protection of the statute is made<br /> to cover the works of authors whether resident or<br /> non-resident, with the condition that for the non-<br /> resident author the country of which he is a<br /> citizen shall concede to American authors copyright<br /> privileges substantially equal to those conceded by<br /> such foreign State to its own authors. It is also<br /> a condition (applying both to resident and non-<br /> resident authors) that the book securing American<br /> copyright shall be published in the United States<br /> not later than the date of its publication in any<br /> other country. It is a farther condition of such<br /> copyright for all authors, whether resident or non-<br /> resident, that all the editions of the work so copy-<br /> righted must be printed “ from type set within the<br /> limits of the United States or from plates made<br /> therefrom.” This provision was instituted in the<br /> new act at the instance of the Typographical<br /> Unions and was insisted upon by them as essential.<br /> The unions were under the apprehension that if<br /> international copyright should be established with-<br /> out such condition of American manufacture, a<br /> large portion of the book manufacturing now done<br /> in this country would be transferred across the<br /> Atlantic, to the injury of American type-setters<br /> and printers and of the other trades employed in<br /> the making of books.<br /> <br /> The provisions of the Act as finally passed were<br /> not a little confused by amendments inserted<br /> hastily during the last weeks of the session, amend-<br /> ments which had not been planned in connection<br /> with the original drafts of the bill and which pre-<br /> sented certain new conditions more or less incongru-<br /> ous with the general purpose of the bill and likely<br /> to produce difficulties in the consistent working of<br /> the law. These amendments were submitted for<br /> the most part on behalf of the various interests<br /> having to do with the manufacturing of books and<br /> of reproductions of works of art, and were accepted<br /> by Congress as in line with the general protective<br /> policy of the country. The changes in the text of<br /> the bill as originally drafted were accepted by those<br /> who had been for many years working for inter-<br /> national copyright, because if they had not been<br /> accepted it would have been impossible to bring into<br /> enactment any international copyright measure<br /> whatsoever. It seemed better, for the cause of the<br /> <br /> recognition of literary property irrespective of<br /> political boundaries, to place upon the statute book<br /> a law more or less imperfect and incongruous than<br /> to leave the United States for a<br /> <br /> further indefinite<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> term alone among civilized nations in its failure<br /> to recognize the just claims of foreign authors and<br /> artists. It was also increasingly important to<br /> secure a recognition on the other side of the<br /> Atlantic for the property rights of American<br /> literary producers whose productions were securing<br /> from year to year increasing attention from English<br /> and continental readers.<br /> <br /> It is proper to state that the law has, in many<br /> respects, worked more smoothly than was antici-<br /> pated. Attention has, however, been called by<br /> more than one Attorney-General and also by the<br /> present Librarian of Congress and by his assistant,<br /> the Registrar in charge of the Bureau of Copy-<br /> rights, to the material defects in the wording of the<br /> statute. Fear has been expressed that these<br /> defects would sooner or later stand in the way of<br /> securing consistent action in the courts for the<br /> adequate protection of the rights of literary pro-<br /> ducers. It isthe case, however, that comparatively<br /> few issues have as yet arisen in the courts under<br /> which these unsatisfactory provisions of the law<br /> could be tested.<br /> <br /> The law has had the effect of securing from<br /> year to year for an increasing number of British<br /> authors very satisfactory returns from the sales in<br /> the United States of their copyrighted property ;<br /> and under the reciprocity arrangement, which came<br /> into effect with Great Britain in July, 1891,<br /> American authors are each year securing larger<br /> returns from their readers in the British Empire,<br /> returns which are bound to increase proportionately<br /> with the development of American literature.<br /> English authors have found some inconvenience<br /> in connection with the requirement for simultaneous<br /> publication (a requirement which also obtains<br /> under the British law) and the further require-<br /> ment for the manufacturing of the copyrighted<br /> book within the territory of the United States,<br /> but there has been no substantial difficulty, under<br /> the arrangements that have come into force between<br /> the publishers on either side of the Atlantic and<br /> their respective circles of authors, in meeting these<br /> two requirements for books originating in the<br /> English language.<br /> <br /> It is the case, however, that very serious and<br /> well-founded criticisms of the law have come from<br /> the authors of France, Germany, and Italy, who<br /> find that, under the requirements of American<br /> manufacture and simultaneous publication, the<br /> difficulties are almost insuperable in the way of<br /> securing American copyright for books which have<br /> to be translated before they are available for the<br /> use of American readers. In Germany, the dis-<br /> appointment and annoyance at what are held to be<br /> the inequitable restrictions of the American statute<br /> have been so considerable that steps have been<br /> taken on the part of authors and publishers to<br /> <br /> 123<br /> <br /> secure the abrogation of the Convention entered<br /> into in 1893 between Germany and the United<br /> States. ‘he defenders of the Convention have<br /> thus far succeeded in preventing it from being set<br /> aside, but it is their report that they will not be<br /> able to maintain this Convention for many years to<br /> come unless the grievances complained of by German<br /> authors shall receive satisfactory consideration.<br /> The disappointment and the criticism on the part<br /> of the authors of France are no less bitter. It is<br /> only the fact that certain substantial advantages<br /> have been secured under the law to continental<br /> artists, and the expectation that the American<br /> people will not long remain satisfied with granting<br /> international copyright in form while refusing it<br /> in fact, that prevent organised attacks not only in<br /> Paris and Berlin, but also in Rome, upon the<br /> present international arrangements.<br /> <br /> I myself had occasion while attending, in June,<br /> 1901, the convention held at Leipsic of the Inter-<br /> national Association of Publishers, to listen to a<br /> memorial which had been prepared by the Associa-<br /> tion of German Authors, and which was submitted<br /> for the approval of the assembly of German pub-<br /> lishers, which memorial had for its purpose the<br /> abrogation of the Convention between Germany<br /> and the United States. I succeeded at that time<br /> in securing a decision on the part of the publishers<br /> to lay upon the table a resolution approving this<br /> memorial of the authors, and the authors them-<br /> selves later also agreed to defer action. I reported<br /> to the representatives of the continental publishers<br /> and authors that, at the instance of the American<br /> Publishers’ Copyright League, an amendment to<br /> our statute had been drafted which had for its pur-<br /> pose the remedying asfaras might now be practicable<br /> these grievances of the authors of the continent.<br /> I promised that nothing should be neglected on<br /> the part of the American publishers, American<br /> authors, and others interested in international<br /> copyright and in maintaining the copyright rela-<br /> tions of the United States with Europe, to secure<br /> favourable attention from Congress for the amend-<br /> ment in question. It has, however, proved more<br /> difficult than was anticipated two years back to<br /> secure such attention on the part of the legislators<br /> in Washington. Other matters have intervened<br /> in each session which seemed both to Representa-<br /> tives and Senators of much more importance than<br /> the question of copyright. Apart from the usual<br /> delays on the ground of lack of interest in Con-<br /> gressional committees in such a subject, the<br /> representatives of the Publishers’ Copyright League<br /> found that they had again to give consideration<br /> to objections on the part of the typographical<br /> unions. :<br /> <br /> The amendment as first drafted provided that<br /> the European author of a book originating in a<br /> <br /> <br /> 124<br /> <br /> language other than English should be allowed a<br /> term of twelve months (or, as later suggested, of<br /> not less than six months), within which to secure<br /> arrangements for an American edition of his book<br /> and to have completed the required translation.<br /> The American edition which was to have the pro-<br /> tection of copyright was of course to be “printed<br /> from type set within the limits of the United<br /> States.” During this interregnum term of six<br /> months, importation into the United States of<br /> copies of the work as issued in the original text<br /> could be made and the owner of the copyright was<br /> rotected against any unauthorised appropriation<br /> of his production. This provision was worded<br /> with the purpose of avoiding the expense that<br /> under present conditions must be incurred of<br /> putting into type in this country an edition of<br /> the work printed in the language of origin. There<br /> is, as a rule, not sufficient demand from American<br /> buyers, even in the case of an author of repute, for<br /> a book originating in French or in German, to<br /> make the American publication of such work,<br /> printed in the original language, a satisfactory<br /> business undertaking. It is, on the other hand,<br /> as a rule, not practicable to have a translation<br /> produced in time to enable the American edition<br /> as translated to be issued in the United States<br /> “not later than the date of publication” in the<br /> country of origin. The French or German pub-<br /> lisher is generally not willing to agree with his<br /> author to lose a season’s sale of his edition of the<br /> book for the chance of securing for such author<br /> the advantage of an American edition.<br /> <br /> The typographers objected to the amendment as<br /> worded on the ground that it gave copyright pro-<br /> tection for a term of, say, six months to a book in<br /> an edition which had not been printed in the<br /> United States. It was pointed out by the pub-<br /> lishers (many of them themselves printers and all<br /> of them interested in the production of American<br /> editions) that no book could, under such amend-<br /> ment, secure the final protection of the law unless<br /> an American edition was produced. It was<br /> emphasized further that, under the present con-<br /> ditions, the publishers were not willing to make<br /> investments in American editions of continental<br /> works which were well suited for the requirements<br /> of American readers, but that if the publishers<br /> could, as would be possible under this amendment,<br /> secure the copyright control of such editions, a<br /> number of books would be put into print in the<br /> United States which would not otherwise have been<br /> taken up, and from the manufacturing of which the<br /> printing and allied trades would secure business<br /> advantage.<br /> <br /> It did not prove practicable, however, to con-<br /> vince the typographers that there might not be<br /> some risk of disadvantage to their trade in the<br /> <br /> THE AUTHOR.<br /> <br /> proposition, The amendment was therefore re-<br /> shaped so as to meet their objections. Under<br /> the amendment as now worded, a work originating<br /> in language other than English is left open to<br /> “ appropriation” unless an authorised American<br /> edition shall have been produced within the term<br /> of twelve months after the first publication of the<br /> book in the country of origin and unless such<br /> edition shall have been produced and duly pro-<br /> tected by copyright in advance of any unauthorised<br /> edition. In case, however, within such term of<br /> twelve months, the book shall be brought into<br /> print in the United States in an edition which<br /> shall comply with the other requirements of the —<br /> law, the author of such book, or his assign, shall<br /> enjoy for the term of copyright the full protection<br /> of the law, not merely for such English version,<br /> but for the entire text in any version. Under the<br /> working of the present statute, the producer of an<br /> English version (whether authorised or unautho-<br /> rised) of a continental work secures the protection<br /> of the law only for his own version. In case this<br /> first version secures a success, there is always the<br /> risk that other versions may be produced by<br /> unauthorised reprinters desiring to take advantage<br /> of the literary judgment and of the advertising of<br /> the publishers producing the unauthorised version,<br /> Such appropriation of the text of the original will<br /> be impracticable when the pending amendment has<br /> become a part of the statute.<br /> <br /> The typographers have given their approval to<br /> the amendment as now worded, realising that it<br /> ought to have the effect of increasing the pro-<br /> auction of American editions of continental works.<br /> While it is an advantage that the continental book<br /> should be open to “ appropriation” for a term of<br /> twelve months (or less) and that should unautho-<br /> rised editions have once been issued no copyright<br /> control can be secured for the work through the<br /> publication of an unauthorised edition, it is<br /> believed that under actual business conditions<br /> this advantage may not prove serious. It is the<br /> fact that the unauthorised reprinters prefer, as a<br /> rule, to follow the literary judgment of the pub- —<br /> lishers who act us the representatives of the authors.<br /> The “ piracy” firms find it “better business” in<br /> the selection of works by continental authors to<br /> appropriate a work which has secured the approval<br /> of a leading publishing house than to risk ventures<br /> based upon their individual judgments. :<br /> <br /> The amendment in question has been introduced<br /> into the Senate by Senator O. H. Platt, of Con- —<br /> necticut, who is an old-time friend of international —<br /> copyright, and whose service in connection with —<br /> the Act of 1891 was of the greatest importance. —<br /> The bill (which bears the number “ Senate 849 &quot;oe<br /> has been referred to the Committee on Patents, —<br /> and its supporters hope to be able to secure —<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE<br /> <br /> favourable action on it early in the regular session.<br /> The amendment has also been introduced into the<br /> House (House No. 2229) by Mr. Currier. It is of<br /> essential importance, if the copyright relations of<br /> the United States with France, Germany, and Italy<br /> are to be preserved, that no further delay should<br /> be incurred in remedying the very serious injustice<br /> to which the authors of the continent are now<br /> exposed. It would also be a serious mortification<br /> for Americans who have at heart the good name<br /> of their country to have these international copy-<br /> right conventions cancelled on the ground that<br /> the American Government had failed to carry out<br /> in good faith the reciprocity conditions of the Act<br /> of 1891 on the strength of which conditions the<br /> States of Europe have extended to American<br /> authors the full protection of their own copyright<br /> laws.<br /> TEORGE HavEN PUTNAM.<br /> <br /> ——_____—_—_e———__e—___—_<br /> <br /> THE UNITED STATES PUBLISHING<br /> CONTRACT.<br /> _—~&gt;—+ —_<br /> <br /> HE contract of publication in the United<br /> States is one that must with increasing<br /> frequency be placed before writers in Eng-<br /> <br /> land. Perhaps therefore a few notes on a form of<br /> contract put forward by a United States publisher<br /> may be of service to Members.<br /> <br /> The difficulty of making alterations in such a<br /> contract on account of the length of time that<br /> must elapse between one mail and the answer to<br /> that mail, is evident.<br /> <br /> There are very few United States publishers<br /> who have agents in London whose authority will<br /> permit them to settle contracts on behalf of their<br /> principals. Many authors, therefore, enter into<br /> bad contracts in order that their books may be<br /> produced simultaneously ; and others, wearying of a<br /> lengthened and desultory correspondence, embrace<br /> the same fault. The two remedies for this position<br /> are that, firstly, the author should deal in full<br /> time with the United States rights, and secondly,<br /> should be careful to deal with the best United<br /> States publishers. Then what they may lose on<br /> some of the minor points in the contract, which<br /> they have been unable for one reason or another to<br /> settle satisfactorily, they may gain from the reputa-<br /> tion and position of the publishing house with<br /> which they are dealing.<br /> <br /> As a rule the contracts from United States<br /> publishers are voluminous, verbose, and even then<br /> incomplete. They demand too much from the<br /> author, and give insufficient security that the work<br /> willbe carried out on the best lines. If, of course,<br /> the author deals with a first-class house, the latter<br /> mistake corrects itself.<br /> <br /> <br /> <br /> AUTHOR.<br /> <br /> 125<br /> <br /> It should be added that some of the latercontracts<br /> received from the other side of the water, like some<br /> of the later contracts received from English<br /> publishers, contain considerably better terms, and<br /> are drafted on a much more satisfactory basis for<br /> the author, than those which were in existence five<br /> <br /> or ten yearsago, An example of the United States<br /> contract is printed here :—<br /> <br /> MEMORANDUM OF AGREEMENT<br /> between and<br /> laws of the State of<br /> <br /> Said being the author and proprietor of a work<br /> entitled “ ” in consideration of the covenant and<br /> stipulations hereinafter contained, agreed to be performed<br /> by the said publishers, grants and guarantees to the<br /> publishers the exclusive right to publish said work during<br /> terms of copyright and renewals thereof, hereby covenant-<br /> ing with said publishers that he is the sole author and<br /> proprietor of said work.<br /> <br /> Said author further guarantees to said publishers that<br /> the said work is in no way whatever a violation of any<br /> copyright belonging to any other party, and that it con-<br /> tains nothing of a scandalous or libellous character and<br /> that he and his legal representatives will hold harmless the<br /> said publishers from all suits and all manner of claims and<br /> proceedings which may be taken on the ground that said<br /> work is such violation, or contains anything scandalous or<br /> libellous ; and he further hereby authorises said publishers<br /> to defend at law any and all suits and proceedings which<br /> may be taken or had against publishers for infringement of<br /> any other copyright, or for libel, scandal, or any other<br /> injurious or hurtful matter or thing contained in or alleged<br /> or claimed to be contained in or caused by said work, and<br /> to pay to said publishers such reasonable costs, disburse-<br /> ments, expenses and counsel fees as they may incur in<br /> such defences.<br /> <br /> Said publishers in consideration of the right herein<br /> granted, and of the guarantees aforesaid, agree to publish<br /> said work at their own expense, in such style and manner<br /> as they may deem expedient, and to pay said author or his<br /> legal representatives a royalty of per cent. on the retail<br /> price of the first five thousand copies sold, and per cent.<br /> thereafter.<br /> <br /> Provided, nevertheless, that no percentage whatever<br /> shall be paid on any copies destroyed by fire or water, or<br /> sold at or below cost, or given away for the purpose of<br /> aiding thesale of said work ; and provided further, that on<br /> all copies of said work sold for export, whether sold in<br /> sheets or bound, the amount of royalty to be paid on such<br /> copies shall not exceed per cent. of the net price<br /> received for such sales :—and in case the said publishers<br /> are able to dispose of duplicate plates for export, there<br /> shall be paid to the author a sum not to exceed per<br /> cent. of the amount received for such sale.<br /> <br /> Any expense incurred for alterations or additions made<br /> by author after manuscript has been put into type,<br /> exceeding ten per cent, of cost of composition and stereo-<br /> typing or electrotyping said work, is to be charged to the<br /> author’s account.<br /> <br /> Statements to be rendered annually in the month of<br /> February, and settlements to be made in cash within two<br /> months after date of statement. The first statement shall<br /> not be rendered until six months after date of publication.<br /> <br /> If, on the expiration of five years from date of publica-<br /> tion, or at any time thereafter, the demand for such work<br /> should not, in the opinion of the said publishers be sufficient.<br /> to render its publication profitable, then this contract shall<br /> cease and terminate, and thereupon said author shall have<br /> the right, at his option, to take from said publishers at not<br /> <br /> made this day of<br /> a corporation chartered under the<br /> <br /> <br /> 126<br /> <br /> exceeding actual cost of manufacture the stereotype or<br /> electrotype plates and engravings (if any) of said work,<br /> and whatever copies, bound or in sheets, they may then<br /> have on hand, or failing to take said plates and copies at<br /> cost, then said publishers shall have the right to dispose of<br /> the copies on hand as they may deem fit, free of any per-<br /> centage or royalty, to melt up the plates, and to cancel this<br /> contract.<br /> <br /> In consideration of the mutuality of this contract, the<br /> aforesaid parties agree to all its provisions for themselves,<br /> their heirs, assigns, or legal representatives, and in testimony<br /> thereof affix their signatures and seals.<br /> <br /> Twelve complimentary copies to author.<br /> <br /> Additional copies at best trade rates.<br /> <br /> This document, although drawn in more concise<br /> language than most agreements, yet contains many<br /> faults which may, as suggested, be rectified by<br /> dealing with a satisfactory house. For instance,<br /> the style, manner, and date of publication appear<br /> to be left in the hands of the publisher. It may<br /> be a serious matter to omit any definite arrange-<br /> ment on these points if the author does not happen<br /> to be of the same opinion as the firm with which<br /> he is contracting. The clause referring to libel and<br /> infringement of copyright gives too wide a scope<br /> to the publisher, although his power is somewhat<br /> limited by the word ‘‘ reasonable ” at the end of the<br /> clause, though “ reasonable costs, disbursements,<br /> expenses and counsel fees” is a very indefinite<br /> phrase. The main object of a contract is finality.<br /> <br /> The proviso at the end of the second clause is<br /> also unsatisfactory; and the account clause is bad.<br /> There is no doubt that statements of account<br /> should be rendered semi-annually, and this is<br /> the arrangement which, by degrees, is becoming<br /> universal in publishing houses. Annual accounts<br /> may often leave the author’s money for an incon-<br /> veniently long time in the publisher’s possession.<br /> The clause dealing with the termination of the<br /> contract is, on the whole, sound, the author having<br /> the option of taking over the stock. In many of<br /> the contracts with English publishers this clause is<br /> very unsatisfactory. This is especially so in the<br /> agreements drafted by the Publishers’ Association.<br /> The worst point of the whole contract is that there<br /> is no mention whatever of an arrangement to<br /> secure copyright in Great Britain, her Colonies,<br /> and Dependencies. There is no clause which binds<br /> the publisher to produce by a certain date in order<br /> to meet the requirements of the Act. It may, of<br /> course, be argued that this is a United States con-<br /> tract, but in answer to this, it should be stated<br /> that this special contract was for the procuration<br /> of the copyright in the United States of a book<br /> that was to be published in England. Therefore,<br /> such a clause should have been inserted.<br /> <br /> In another United States contract, which is a<br /> typical example of draftsmanship—who does under-<br /> take to draw these contracts? Can the United<br /> <br /> States Publishers’ Association explain ?—there is<br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> an interesting clause with regard to simultaneous<br /> publication. It runs as follows :—<br /> <br /> “In order to fulfil the requirements of the revised<br /> Statutes of the United States for securing copyright the<br /> Author shall place in the hands of the Publishers, the<br /> manuscript or fair typewritten copy, or advanced printed<br /> sheets, of said work in ample time to allow the Publishers<br /> to do the typesetting, electrotyping, presswork, and<br /> binding, so that they may be able to publish their edition<br /> simultaneously with any other edition of the said work, or<br /> of any translation thereof, published in Great Britain or<br /> elsewhere. The publication of any edition of the said<br /> work, or of any translation thereof, other than that<br /> published by the Publishers shall be made at such time<br /> only as will enable them to make the publication of their<br /> edition simultaneous therewith. They, on their part, agree<br /> not to anticipate the authorised foreign publication of the<br /> said work, and not to publish their edition until the day<br /> mutually agreed upon by them and the Author. It is<br /> further understood and agreed that if, by any act or<br /> omission in the publication or edition of the said work<br /> in any foreign country or in any way or manner without<br /> the fault of the Publishers the copyright in and to the said<br /> work within and for the United States of America shall be<br /> lost or rendered nugatory, then the Author shall be respon-<br /> sible to the Publishers for any loss or damage which they<br /> may suffer thereby, and the Publishers may then, at their<br /> option, terminate this Agreement, and in that event they<br /> shall not thereafter be obliged to perform any of the acts<br /> herein provided for.”<br /> <br /> This clause in its verbosity is an example of the<br /> rest of this agreement and needs no comment.<br /> <br /> Should any members of the Society, from time<br /> to time, have interesting forms of copyright agree-<br /> ments with publishers in the United States, the<br /> Secretary would be glad to see them. As a rule<br /> the agreements run to fourteen or fifteen clauses.<br /> The difficulty of dealing satisfactorily with them,<br /> in a correspondence which may last for three or<br /> four months, is considerably increased.<br /> <br /> —_+-——_e_—__<br /> <br /> RESUME OF THE NUMBER OF BOOKS<br /> PUBLISHED IN THE PAST YEAR.<br /> jo<br /> REPRINTED FROM THE Publishers’ Circular BY<br /> Krinp PERMISSION OF THE EDITOR.<br /> <br /> HE total number of books recorded in 1903<br /> <br /> is about a hundred below 1889 and 1898,<br /> <br /> four hundred below 1897, and a thousand<br /> above 1902; but there is an increase recorded in<br /> Miscellaneous of about five hundred, and most of<br /> these are pamphlets at a few pence each ; while<br /> there were about three hundred sixpenny novels<br /> during the year, most of them, of course, ‘new<br /> editions,” not new books. The total of Fiction is<br /> about a hundred more than in the previous year.<br /> Theology, Educational, Politics, and Commerce are<br /> up in number; Arts and Sciences and Law are<br /> down ; History and Biography, Voyages and<br /> Travels, about the same; Medicine, Year-Books,<br /> Belles-Lettres, and Poetry and the Drama slightly<br /> <br /> up.<br /> <br /> <br /> <br /> <br /> <br /> <br /> THER AUTHOR. 127<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> | |<br /> | | B 8 EB<br /> Bo 2 eS SS<br /> Subjects. e a S - : : 2 z 3 a l=<br /> 2 &amp; |= &lt; = 5 5 4 R Se | 2 A<br /> So ae |<br /> REG CRA Toe eee, \ { |<br /> a (|a36| 42| 49] 63] 55] 51| 25] 431 42] 70| 86] 87 | 639<br /> 1. Theology, Sermons, Biblical ... 1|o 3 9 8 4 2 5 5 7) 3 2 &lt;1 ie<br /> | | | = 702<br /> D Mincensl «Classical, and {| 2 61| 66| 70 | 86 | 65| 62| 83) 47| 51] 51| 65) 53 | 650<br /> est—st—i | et} | 6] 4] 7) 9} 18| i6| 10] 98<br /> 748<br /> 3. Juvenile Works and Tales,|| ~ 97 | 98 | 150| 87/135] 98] 94] 155 | 169 | 296 | 347 | 133 1859<br /> Novels, Tales, and other ;| 4, 98| 50| 67| 94] 85| 64] 50| 44| 52] 102] 108] 57/ 801<br /> Fiction ) 2650<br /> {la 7 5 8 3 4 6 3 3 i 1 5 ii 57<br /> 4. Law, Jurisprudence, &amp;c. ib 2 3 8 5 5 ees 1 7 uf 6 30<br /> 87<br /> 5. Political and Social Economy, )| @ 42 43 |} 50) 34 51 37 82 | 46 | 29) 41 54 50 | 509<br /> ee it 4] | o5| 12] 8] 7] wt] | 12] 2} 100<br /> , —- 609<br /> BF oad Wists 1 2 27 |) 26 | 82] 26) 88] 50] 17| 24) 85] 21) 46 | 71 | 413<br /> ee ee Boel s | Ge 1) t| 2 1) 2) 8 kb 32<br /> ee o us<br /> Be be, ed Geo | 1 | | 9] 16] 18) 10) 15] 12) 6) 7) BF) 17<br /> graphical Research ... fe 2 2 1 3 2 2 4 5 9; —| 34 ace<br /> : (| @ 40 42 31 27 8 35 33 38 18 42 60 98 | 482<br /> 8. History, Biography, &amp;c. wb 7) 18 8 5 9 4 4 4 6 5 6] 20] 91<br /> — 573<br /> (| @ 28 12 36 30 21 24 10 16 26 30 37 33 | 303<br /> 9. Poetry and the Drama 118 6 7 6 5 2 3 3 4 3 161 18 15 | 88<br /> | 391<br /> 10, Year-Books and Serials in}|786| 35| 20| 23| 24) 24| 15) 15) 31 | 44| 55| 85 | 457<br /> Volumes &lt;... ee Re ee ee | ae me ae Fo ee<br /> | | —— 457<br /> as (ois) 91 te) ig) ib | 20 | 16) 28) 6. 18) 18 | 25 | 187<br /> 11. Medicine, Surgery, &amp;c. sale 8 7 9 7 1 D Ge alt 13 | 14 1 95<br /> | | 282<br /> cs Mone || 2 10 | 81 28) 9 | oT) BL] AL] 19) 20) 39| 46) 33} 284<br /> graphs, om : eee 1 2 7 2 | 2 : . Le 8 2 : 2) 31<br /> : | 315<br /> 13. Miscellaneous, includin a@58| 66) 46) 65 3 o£) 67) 62) 71 48 | 50 | 32 | 687<br /> Pamphlets, not Sermons Z b 6 8 | 26} 30 22 28 14) 29 16 10 | 18 12 | 219<br /> | | oe<br /> 591 | 585 | 708 | 583 | 708 | 645 | 466 | 622 | 638 | 887 | 1089} 859 | 8381<br /> a New Books; b New Editions.<br /> The Analytical Table is divided into 13 Classes; also New Books and New Editions.<br /> a | 1902. 1903. e<br /> Divisions. | New Books. New Editions. New Books. New Editions.<br /> Theology, Sermons, Biblical, &amp;e. : oP ae eo 567 8] 639 63<br /> Educational, Classical, and Philological | 504 68 650 98<br /> Novels, Tales, and Juvenile Works | 1,743 lO 1,859 801<br /> Law, Jurisprudence, &amp;e. 88 46 57 30<br /> Political and Social Economy, Trade and Commerce 463 130 509 100<br /> Arts, Science, and Illustrated Works 420 44 413 32<br /> Voyages, Travels, and Geographical Resear ch. 162 38 172 34<br /> History, Biography, &amp;c. . ie 480 57 482 91<br /> Poetry and the Drama . 272 76 303 88<br /> Year-Books and Serials in Volumes os see a 408 ao 457 —_<br /> Medicine, Surgery, &amp;c. . a oe bes 153 84 187 95<br /> Belles-Lettres, Essays, Monographs, ee. ah 227 44 284 31<br /> Miscellaneous, including Pamphlets, not Ser mons ... 352 Q 17 GSt | 219<br /> 1 | 5,839 1,542 | 6,699 1,682<br /> 5888 | 6,699<br /> Z | 7,381 _ | 8,381<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> MAGAZINE CONTENTS.<br /> <br /> —&gt;—+—<br /> <br /> <br /> <br /> BLACKWOOD’s MAGAZINE,<br /> <br /> John Chilcote, M.P. By Katherine Cecil Thurston.<br /> <br /> Three Gambits.<br /> <br /> Scolopaxiana: Dogs. By Scolopax.<br /> <br /> One Night’s Experiences in Thibet. By C. H. Lepper.<br /> <br /> Old Galway Life: Random Recollections.<br /> <br /> “Sally”: A Study. By Hugh Clifford, C.M.G.<br /> <br /> The Siege of Arrah : An Incident of the Indian Mutiny.<br /> By E. John Salano.<br /> <br /> The Birds of Hawaii. By J. A Owen.<br /> <br /> ‘A Statesman-Adventurer of the Pacific.<br /> <br /> Musings Without Method.—The Lost Influence and<br /> Dignity of the Daily Press—The Speeches of an Emperor—<br /> The Psalms of David in Daily Life.<br /> <br /> ‘A Fiscal Solution : For Commonplace Minds. By Selim.<br /> <br /> Zussia and Japan : The Naval Outlook. By Active List.<br /> <br /> Foreign Trade Fallacies.<br /> <br /> THE CORNHILL MAGAZINE.<br /> <br /> The Truants (Chapters iv.—vi.). 3y A. E. W. Mason.<br /> <br /> Some Empty Chairs. By Henry W. Lucy.<br /> <br /> Macedonia—And After?<br /> <br /> ‘A Grandmother&#039;s Budget. By Mrs. Frederic Harrison.<br /> <br /> Historical Mysteries. I, The Campden Mystery. By<br /> Andrew Lang.<br /> <br /> Among Japanese Hills. By Ernest Foxwell.<br /> <br /> The Welsh in London. By J. HK. Vincent.<br /> <br /> Han and Kawan, By Laurence Housman.<br /> <br /> The Motion of the Solar System through Space. By<br /> Frank Watson Dyson, F.R.S.<br /> <br /> The Improvement of Westminster. By Thomas Fairman<br /> Ordish, F.S.A.<br /> <br /> Theodor Mommsen. By Professor Tout.<br /> <br /> Provincial Letters. XIV. From Beaconsfield. By<br /> Urbanus Sylvan.<br /> <br /> The Visits of an Editor. By Leonard Husley,<br /> <br /> THE FORTNIGHTLY REVIEW,<br /> <br /> What can be done to Help the British Stage? An<br /> Appeal. With a List of Signatures.<br /> <br /> First Principles in the Far East. By “ Calchas.”<br /> <br /> The Financial and Economic Situation in Japan. By<br /> W. Petrie Watson.<br /> <br /> English History in Napoleon’s Notebooks. By Henry<br /> Foljambe Hall, F.R.Hist.s.<br /> <br /> George Gissing. By Arthur Waugh.<br /> <br /> On Some French Novels of To-day. By Le Comte de<br /> Ségur.<br /> <br /> The State Discouragement of Literature, By William<br /> Watson.<br /> <br /> The Problem of High Asia. By Demetrius C. Boulger.<br /> <br /> The Life of a Song. By Stephen Gwynn.<br /> <br /> President Roosevelt. By Sydney Brooks.<br /> <br /> The Protectionist Ideal of Foreign Trade. By W. M.<br /> Lightbody.<br /> <br /> The Royalist Movement in France. By Normannus.<br /> <br /> Leonaine: An Unpublished Poem by H. A. Poe. By<br /> Alfred R. Wallace.<br /> <br /> Eugene Sue. By Francis Gribble.<br /> <br /> Theophano. Chaps. x.and xi. By Frederic Harrison.<br /> <br /> Correspondence :—The Known and the Unknown in Mr.<br /> Chamberlain’s Policy.—A Correction. By A, C. Pigou.<br /> <br /> LONGMAN’S MAGAZINE.<br /> <br /> Nature’s Comedian (Chapters xv., xvi), By w. E.<br /> Norris.<br /> <br /> Sikhim, The Land where the Rhododendrons Grow. By<br /> M. C. Paget.<br /> <br /> THE AUTHOR.<br /> <br /> Astrida’s Lover. By F. Whishaw.<br /> <br /> The Swimming Powers of Animals. By Paul Fountain.<br /> Miss Fenella. By May Kendall.<br /> <br /> A Gateway of Empire. By Esther Hallam Moorhouse.<br /> At the Sign of the Ship. By Andrew Lang.<br /> <br /> MACMILLAN’S MAGAZINE.<br /> <br /> The Court of Sacharissa. By Hugh Sheringham and<br /> Nevill Meakin. Chapters vii.—ix.<br /> <br /> The Training of Teachers. By Miss Hodgson.<br /> <br /> Ten Years in a Prohibition Town. By John Davidson.<br /> <br /> La Rata Encoronada. By W. Spotswood Green,<br /> <br /> The Football Fever. By H. F. Abell.<br /> <br /> The President of Mexico. By Andrew Marshall.<br /> <br /> Studies in Shakespeare&#039;s History. By J. L, Etty.<br /> VII. Antony and Cleopatra. :<br /> <br /> Imperial Purposes and their Cost. By T. B. Browning.<br /> <br /> THE PALL MALL MAGAZINE.<br /> <br /> The Duke and Duchess of Devonshire at Devonshire<br /> House.<br /> <br /> Dr. Sven Hedin at Home. By Georg Brochner.<br /> <br /> Master Worker: George Frederick Watts, O.M. By<br /> Harold Begbie.<br /> <br /> Pictures and the Public. By E. Rimbault Dibdin.<br /> <br /> How and Why Animals are Coloured. By R. J. Pocock.<br /> <br /> Literary Geography : Thackeray. By William Sharp.<br /> <br /> Stories by Maurice Hewlett, Mrs. Craigie ( John Oliver<br /> Hobbes”), H. Fielding Hall, W. H. Pollock, U. L. Silberrad,<br /> Charles Marriott.<br /> <br /> THE WORLD’s WoRK.<br /> <br /> The March of Events—An Illustrated Editorial Record<br /> and Comment :<br /> A New Political Era.<br /> The Far East.<br /> The Future of Medical Science in London.<br /> Our Commercial Advantage in France.<br /> The Sale of Artificial Pearls.<br /> India and Free Trade. By Sir Edgar Vincent, K.C.M.G<br /> MP,<br /> Crossing the Channel by Railway. By George Cerbelaud<br /> The Pope&#039;s Secretary of State: Cardinal Merry Del Val.<br /> The Conflict in the Far East. By Alfred Stead.<br /> The Walking Wheel.<br /> The St. Louis Exposition.<br /> Colombia and the New Republic of Panama, By<br /> Theodore 8. Alexander.<br /> The Mosely Education Commission. By Alfred Mosely,<br /> C.M.G.<br /> The New Discovery Concerning Cancer. By E. 8. Grew.<br /> The Potato Harvest and the Boom. By Toye Vise.<br /> The British Tradesman Abroad. By U. P. R.<br /> A Modern Hot-air Balloon. By Edward J. Forster.<br /> Food-Frauds in France. By Frederic Lees.<br /> The Girl Gardener: Is she Going to be a Success ?<br /> «“ Home Counties.”<br /> A New View of the Home. By Lady Mclaren.<br /> How to Adopt the Metric System. By Thomas Parker.<br /> ‘A Revolution in Milk-Supply. By C. W. Saleeby.<br /> Chair-Leg Turners at Work. By W. Bovill.<br /> The Work of the Book World.<br /> Among the World’s Workers—A Record of Industry :<br /> «A British Industry Really Ruined.”<br /> How Fast can a Horse go in Harness ?<br /> Young Men as Irrigation Engineers.<br /> A Floating Theatre.<br /> A New Air Condenser.<br /> Foreign Beer in the United Kingdom.<br /> An Electrical Canal-‘owage System.<br /> How London’s Tube Railways are made.<br /> <br /> <br /> <br /> Geary<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> WARNINGS TO THE PRODUCERS<br /> OF BOOKS.<br /> <br /> oe<br /> ERE are a few standing rules to be observed in an<br /> agreement. There are four methods of dealing<br /> with literary property :—<br /> <br /> I. Selling it Outright.<br /> <br /> This is sometimes satisfactory, if a proper price can be<br /> obtained. But the transaction should be managed by a<br /> competent agent, or with the advice of the Secretary of<br /> the Society.<br /> <br /> II. A Profit-Sharing Agreement (a bad form of<br /> agreement).<br /> <br /> In this case the following rules should be attended to:<br /> <br /> (1.) Not to sign any agreement in which the cost of pro-<br /> duction forms a part without the strictest investigation.<br /> <br /> (2.) Not to give the publisher the power of putting the<br /> profits into his own pocket by charging for advertisements<br /> in his own organs, or by charging exchange advertise-<br /> ments. Therefore keep control of the advertisements.<br /> <br /> (8.) Not to allow a special charge for “ office expenses,”<br /> unless the same allowance is made to the author.<br /> <br /> (4.) Not to give up American, Colonial, or Continental<br /> rights.<br /> <br /> (.) Not to give up serial or translation rights.<br /> <br /> (6.) Not to bind yourself for future work to any publisher.<br /> As well bind yourself for the future to any one solicitor or<br /> doctor !<br /> <br /> III. The Royalty System.<br /> <br /> This is perhaps, with certain limitations, the best form<br /> of agreement. It is above all things necessary to know<br /> what the proposed royalty means to both sides. It is now<br /> possible for an author to ascertain approximately the<br /> truth. From time to time very important figures connected<br /> with royalties are published in The Author.<br /> <br /> 1Y. A Commission Agreement.<br /> <br /> The main points are :—<br /> <br /> (1.) Be careful to obtain a fair cost of production.<br /> (2.) Keep control of the advertisements.<br /> <br /> (3.) Keep control of the sale price of the book.<br /> <br /> General.<br /> <br /> All other forms of agreement are combinations of the four<br /> above mentioned.<br /> <br /> Such combinations are generally disastrous to the author,<br /> <br /> Never sign any agreement without competent advice from<br /> the Secretary of the Society.<br /> <br /> Stamp all agreements with the Inland Revenue stamp.<br /> <br /> Avoid agreements by letter if possible.<br /> <br /> The main points which the Society has always demanded<br /> from the outset are :—<br /> <br /> C1.) That both sides shall know what an agreement<br /> means.<br /> <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 /> <br /> (3.) Always avoid a transfer of copyright.<br /> <br /> eg ees<br /> <br /> WARNINGS TO DRAMATIC AUTHORS.<br /> <br /> Lo.<br /> <br /> EVER sign an agreement without submitting it to the<br /> <br /> Secretary of the Society of Authors or some com-<br /> petent legal authority.<br /> <br /> 2. [t is well to be extremely careful in negotiating for<br /> <br /> the production of a play with anyone except an established<br /> manager.<br /> <br /> 129<br /> <br /> 3. There are three forms of dramatic contract for plays<br /> in three or more acts :—<br /> <br /> (a.) Sale outright of the performing right. This<br /> is unsatisfactory. An author who enters into<br /> such a contract should stipulate in the contract<br /> for production of the piece by a certain date<br /> and for proper publication of his name on the<br /> play-bills.<br /> <br /> (%.) Sale of performing right or of a licence to<br /> perform on the basis of percentages on<br /> gross receipts. Percentages vary between 5<br /> and 15 per cent. An author should obtain a<br /> percentage on the sliding scale of gross receipts<br /> in preference to the American system. Should<br /> obtain a sum in advance of percentages. A fixed<br /> date on or before which the play should be<br /> performed.<br /> <br /> (¢c.) Sale of performing right or of a licence to<br /> perform on the basis of royalties (i.c.. fixed<br /> nightly fees). This method should be always<br /> avoided except in cases where the fees are<br /> likely to be small or difficult to collect. The<br /> other safeguards set out under heading (0.) apply<br /> also in this case.<br /> <br /> 4. Plays in one act are often sold outright, but it is<br /> better to obtain a small nightly fee if possible, and a sum<br /> paid in advance of such fees in any event. It is extremely<br /> important that the amateur rights of one-act plays should<br /> be reserved.<br /> <br /> 5. Authors should remember that performing rights can<br /> be limited, and are usually limited, by town, country, and<br /> time. This is most important.<br /> <br /> 6. Authors should not assign performing rights, but<br /> should grant a licence to perform. The legal distinction is<br /> of great importance.<br /> <br /> 7, Authors should remember that performing rights in a<br /> play are distinct from literary copyright. A manager<br /> holding the performing right or licence to perform cannot<br /> print the book of the words.<br /> <br /> 8. Never forget that United States rights may be exceed-<br /> ingly valuable. ‘hey should never be included in English<br /> agreements without the author obtaining a substantial<br /> consideration.<br /> <br /> 9. Agreements for collaboration should be carefully<br /> drawn and executed before collaboration is commenced.<br /> <br /> 10, An author should remember that production of a play<br /> is highly speculative: that he runs a very great risk of<br /> delay and a breakdown in the fulfilment of his contract.<br /> He should therefore guard himself all the more carefully in<br /> the beginning.<br /> <br /> 11. An author must remember that the dramatic market<br /> is exceedingly limited, and that for a novice the first object<br /> is to obtain adequate publication.<br /> <br /> As these warnings must necessarily be incomplete, on<br /> account of the wide range of the subject of dramatic con-<br /> tracts, those authors desirous of further information<br /> are referred to the Secretary of the Society.®<br /> <br /> —_—_———<br /> <br /> <br /> <br /> WARNINGS TO MUSICAL COMPOSERS.<br /> <br /> ——&gt;+<br /> <br /> ITTLE can be added to the warnings given for the<br /> assistance of producers of books and dramatic<br /> authors. It must, however, be pointed out that, as<br /> <br /> a rule, the musical publisher demands from the musical<br /> composer a transfer of fuller rights and less liberal finan-<br /> cial terms than those obtained for literary and dramatic<br /> property. The musical composer has very often the two<br /> rights to deal with—performing right and copyright. He<br /> <br /> <br /> 130<br /> <br /> should be especially careful therefore when entering into<br /> an agreement, and should take into particular consideration<br /> the warnings stated above.<br /> <br /> fo a<br /> <br /> HOW TO USE THE SOCIETY.<br /> <br /> ——<br /> <br /> 1. VERY member has a right to ask for and to receive<br /> advice upon his agreements, his choice of a pub-<br /> lisher, or any dispute arising in the conduct of his<br /> <br /> business or the administration of his property. The<br /> <br /> Secretary of the Society is a solicitor, but if there is any<br /> <br /> special reason the Secretary will refer the case to the<br /> <br /> Solicitors of the Society. Further, the Committee, if they<br /> <br /> deem it desirable, will obtain counsel’s opinion. All this<br /> <br /> without any cost to the member.<br /> <br /> 2. Remember that questions connected with copyright<br /> and publishers’ agreements do not fall within the experi-<br /> ence of ordinary solicitors. Therefore, do not scruple to use<br /> the Society.<br /> <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 /> <br /> 4, Before signing any agreement whatever, send<br /> the document to the Society for examination.<br /> <br /> 5. Remember always that in belonging to the Society<br /> you are fighting the battles of other writers, even if you<br /> are reaping no benefit to yourself, and that you are<br /> advancing the best interests of your calling in promoting<br /> the independence of the writer, the dramatist, the composer.<br /> <br /> 6. The Committee have now arranged for the reception<br /> of members’ agreements and their preservation in a fire-<br /> proof safe. The agreements will, of course, be regarded as<br /> confidential documents to be read only by the Secretary,<br /> who will keep the key of the safe. The Society now offers :<br /> —(1) To read and advise upon agreements and to give<br /> advice concerning publishers. (2) To stamp agreements<br /> in readiness for a possible action upon them. (3) To keep<br /> agreements. (4) To enforce payments due according to<br /> agreements. Fuller particulars of the Society’s work<br /> can be obtained in the Prospectus.<br /> <br /> 7. No contract should be entered into with a literary<br /> agent without the advice of the Secretary of the Society.<br /> Members are strongly advised not to accept without careful<br /> consideration the contracts with publishers submitted to<br /> them by literary agents, and are recommended to submit<br /> them for interpretation and explanation to the Secretary<br /> of the Society.<br /> <br /> 8. Many agents neglect to stamp agreements This<br /> must be done within fourteen days of first execution. The<br /> Secretary will undertake it on behalf of members.<br /> <br /> 9. Some agents endeayour to prevent authors from<br /> referring matters to the Secretary of the Society; so<br /> do some publishers. Members can make their own<br /> deductions and act accordingly.<br /> <br /> 10. The subscription to the Society is £4 ds. per<br /> annum, or £10 10s for life membership.<br /> <br /> THE AUTHOR.<br /> <br /> THE READING BRANCH.<br /> <br /> — +<br /> <br /> EMBERS will greatly assist the Society in this<br /> branch of its work by informing young writers<br /> of its existence. Their MSS. can be read and<br /> <br /> treated as a composition is treated by a coach. The term<br /> MSS. includes not only works of fiction, but poetry<br /> and dramatic works, and when it is possible, under<br /> special arrangement, technical and scientific works. The<br /> Readers are writers of competence and experience. The<br /> fee is one guinea.<br /> <br /> _____¢——e —___—_<br /> <br /> NOTICES.<br /> <br /> —_+-—&lt;—+-_—_<br /> <br /> HE Editor of Zhe Author begs to remind members of<br /> <br /> the Society that, although the paper is sent to them<br /> <br /> free of charge, the cost of producing it would be a<br /> <br /> very heavy charge on the resources of the Society if a great<br /> <br /> many members did not forward to the Secretary the modest<br /> 5s. 6d. subscription for the year.<br /> <br /> Communications for Zhe Author should be addressed to<br /> the Offices of the Society, 39, Old Queen Street, Storey’s<br /> Gate, §.W., and should reach the Editor not later than<br /> the 24st of each month.<br /> <br /> All persons engaged in literary work of any kind,<br /> whether members of the Society or not, are invited to<br /> communicate to the Editor any points connected with their<br /> work which it would be advisable in the general interest to<br /> publish.<br /> <br /> a<br /> <br /> Communications and letters are invited by the<br /> Editor on all subjects connected with literature, but on<br /> no other subjects whatever. Every effort will be made to<br /> return articles which cannot be accepted.<br /> <br /> ——<br /> <br /> The Secretary of the Society begs to give notice<br /> that all remittances are acknowledged by return of post,<br /> and he requests members who do not receive an<br /> answer to important communications within two days to<br /> write to him without delay. All remittances should be<br /> crossed Union Bank of London, Chancery Lane, or be sent<br /> by registered letter only.<br /> <br /> —_—__——_e —&gt;—_+___—_<br /> <br /> THE LEGAL AND GENERAL LIFE<br /> ASSURANCE SOCIETY.<br /> <br /> ——<br /> <br /> N offer has been made of a special scheme of<br /> Endowment and Whole Life Assurance,<br /> admitting of a material reduction off the<br /> <br /> ordinary premiums to members of the Society.<br /> Full information can be obtained from J. P. Blake,<br /> Legal and General Insurance Society (City Branch),<br /> 158, Leadenhall Street, E.C.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> én<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> AUTHORITIES.<br /> <br /> ~+—&lt;— —<br /> <br /> N pursuance of the intention expressed in our<br /> I January number, we print under Corre-<br /> spondence the letters on “ Should Well-known<br /> Writers ‘Farm-out’ Fiction,” held over from the<br /> last issue by order of the Committee. The writers<br /> have had, and have in several cases availed them-<br /> selves of, the opportunity of revising their com-<br /> munications after perusal of the Committee’s note<br /> on “ Proxy’s”’ letter.<br /> <br /> THERE is no need to add anything to the appre-<br /> ciation of Mr. George Gissing, from the pen of<br /> Mr. E. W. Hornung, except to state that Mr.<br /> Gissing had been a member of the Society since<br /> 1894, and, with Mr. Justin McCarthy, was elected<br /> a member of the Council in March of last year.<br /> It is with great regret that we must add one more<br /> to the distinguished list of members of the Society<br /> who have died during the past six months.<br /> <br /> We print elsewhere a copy of a proposed Bill<br /> brought forward for the purpose of amending the<br /> existing United States Copyright Law, followed<br /> by an article from the pen of Mr. George Haven<br /> Putnam, which appeared in the New York Critic.<br /> <br /> In the “ English Bookman” there was a short<br /> reference to this Bill, stating that it upset the<br /> copyright as existing between the United States<br /> and Great Britain, and calling the Society’s atten-<br /> tion to the point. We thank the editor for his<br /> courtesy, but fear he must have been misinformed,<br /> as the present Bill does not alter the effect of the<br /> section as far as Great Britain is concerned.<br /> <br /> GEORGE GISSING.<br /> <br /> —1+—&lt;——<br /> <br /> HE death of George Gissing came as a<br /> complete shock to most of us who mourn<br /> him. Delicate he had been for years, but<br /> <br /> in no such degree as to alarm his friends, who<br /> were under the impression that he had derived<br /> great benefit from his protracted sojourn at St.<br /> Jean de Luz. Only a few days before Christmas<br /> one heard with delight that there was just a chance<br /> of his coming back to live in England. He must<br /> have been upon his death-bed at the time. He<br /> had been working very hard. Hard work with<br /> <br /> 131<br /> <br /> Gissing meant as much writing in a day and a<br /> half as most men accomplish in a week. His book<br /> was his life while it lasted; often it had almost<br /> been his death, for he scorned to spare himself till<br /> the last page was written. His last book was<br /> never finished. It was one that he had carried<br /> in his mind for many years ; it is said that he was<br /> within sight of the end; the irony might have<br /> have been his own. Pneumonia struck him down ;<br /> in three weeks he was dead.<br /> <br /> It is hard to write of a dead man and his living<br /> <br /> -work, especially when one knew the man better<br /> <br /> than the work, and cared for him infinitely more.<br /> There are many who speak of Gissing and his<br /> work as though the two were warp and weft.<br /> Those who knew him best will be the last to<br /> accept that view. The man was one of the most<br /> lovable ; the work was hardly that. The man had<br /> abundant humour ; there is little humour in the<br /> bulk of his books. He had a glorious laugh—a<br /> laugh inconceivable to those who have only read<br /> him. There was an appreciative sympathy, a<br /> cordial humanity, which it would be difficult to<br /> deduce from his writings. His serious view of<br /> life may have been acrid and even savage, but he<br /> was certainly not in the habit of obtruding his<br /> serious view of life. This, of course, is only to<br /> speak of the man as one had the privilege of<br /> knowing him ; it is not to pretend to have known<br /> the whole man, or to have plumbed his depths, but<br /> only to have found him all unlike his books,<br /> humorous, human, and humane.<br /> <br /> On the other hand, there can be no denying that<br /> much of his own personality and many of his<br /> own experiences found or forced their way into<br /> his fiction. Too fine a nature to sit down<br /> deliberately to “make copy” of his joys and<br /> sorrows, he was too true an artist not to dip his<br /> <br /> en into his own cup as his inspiration urged.<br /> At first sight it would appear that his knowledge<br /> of life was entirely first-hand, his poverty of mere<br /> imagination only compensated by the depth and<br /> truth of his extraordinary insight into the secrets<br /> of the heart. Yet there is more imagination in<br /> “ New Grub Street” alone than is ever likely to<br /> meet the ordinary eye. It was written in the days<br /> when George Gissing frequented the Reading Room<br /> at the British Museum. He made that the chief<br /> scene of his story, likened the Readers in the wheel<br /> of radiating desks to the flies in a spider’s web, and<br /> drew their imaginary lives. There was, I believe,<br /> in the author’s mind at least, a flesh-and-blood<br /> original of every literary person in the book; and<br /> some of them are Readers to this day. Written<br /> as the book was, on Gissing’s own showing, in six<br /> weeks to pay the rent, one of the characters,<br /> Reardon, is depicted in that self-same plight ;<br /> and when, in a candid criticism of Reardon’s<br /> <br /> <br /> 132<br /> <br /> work, it is claimed for him that his best pages<br /> were instinct with a certain “ intellectual glow,”<br /> the self-portrait seems complete. There could be<br /> no fitter phrase for the peculiar literary quality<br /> which distinguishes the characteristic pages of<br /> George Gissing. But the contrasting type, the<br /> cynically successful young man of letters, is at<br /> least as justly realised, as strongly drawn. And it<br /> is difficult to believe that Gissing ever fraternised<br /> with such a one in all his literary life.<br /> <br /> During the last few years he had made a second<br /> reputation for himself as a sane and illuminating<br /> critic of Charles Dickens.<br /> were discussed with equal sympathy and acumen<br /> in a monograph and in the introductions to the<br /> Rochester edition in course of publication by<br /> Messrs. Methuen. It is greatly to be hoped that<br /> all the introductions, so honest alike in. their<br /> strictures and their enthusiasm, have long been in<br /> the publishers’ hands. “I don’t relish this critical<br /> writing,” he wrote with the task in hand; but it<br /> is to be doubted if he ever did anything very much<br /> better; for that beautiful veiled autobiography,<br /> “The Private Papers of Henry Ryecroft,” brilliantly<br /> written as it is, and touchingly eloquent of the<br /> man, is in many places marred for his friends<br /> by an alien misanthropy and an almost morose<br /> <br /> erversity of view.<br /> <br /> Notable novelist as he was, with a vogue among<br /> his peers indubitably dearer to his fine soul than<br /> the plaudits of the crowd, there are those who<br /> knew George Gissing through and through, and<br /> who hold that novel-writing was not his true<br /> vocation. ‘They say he was a greater scholar than<br /> could possibly be gathered from his books, and that<br /> he would have been truly great as a scholar pure<br /> and simple. He had indeed a passion for the<br /> classics, and the very temperament to have taken<br /> kindly to a cloistered life; but it is futile to<br /> pursue the thought. He spent his life in writing<br /> the most modern novels imaginable, in a miscro-<br /> scopic hand (a thousand words to the sheet of<br /> sermon paper) in keeping with his microscopi¢<br /> observation; and he has left behind him more<br /> than one that may well survive as uncompromising<br /> transcripts of their time. And a vivid memory of<br /> the man, of his fine face, his noble head, his winning<br /> kindness, will endure as long as the last of those<br /> who knew him. That he retained his great personal<br /> charm through all the storms of his inner life, is not<br /> more extraordinary than the fact that he remained<br /> to the last the most acutely sensitive of men. Into<br /> the secret of those storms, as into the entire peace<br /> cof his last years abroad, he admitted only his chosen<br /> few ; for the rest of us it is enough to know that<br /> the storms had long abated, and that the last years<br /> swere the happiest of his life.<br /> <br /> E. W. Hornune.<br /> <br /> 2 THE AUTHOR.<br /> <br /> ‘he immortal works ©<br /> <br /> <br /> <br /> HENRY SETON MERRIMAN.<br /> <br /> —1——+<br /> <br /> HE many lovers of high-class fiction begin<br /> this year with an irreparable loss. Two of<br /> our leading novelists have fallen out of the<br /> ranks, both in the prime of life and at the height<br /> of their powers. Mr. G. Gissing is spoken of<br /> elsewhere. He wrote under his own name. Mr.<br /> Hl. S. Merriman did not. His name, no doubt<br /> familiar to all readers of “ The Author,” was Hugh<br /> Stowell Scott. He was a north-countryman, a<br /> Tynesider, whose father, a successful self-made<br /> man, wished his sons to adopt business as a<br /> career. Though he knew the leaning of one<br /> of his sons towards literature he did not desire to<br /> encourage it. :<br /> <br /> One day taking up a book that had interested<br /> him, called “ Young Mistley,’ he said, “If you<br /> could write like this I should not object to your<br /> following a literary career.” As a matter of fact<br /> Hugh Stowell Scott “could write like that,” for he<br /> was its author. But he did not divulge the fact<br /> at the time.<br /> <br /> The writing both of Mr. Gissing and Mr. Merri-<br /> man was close and intimate, charged with refine-<br /> ment. But the advantage in subject was probably<br /> Merriman’s. Merriman was so early a traveller as<br /> to lay the story of “ Young Mistley” in India.<br /> His characters were people of position. He was<br /> able to write with as much realistic accuracy of<br /> Paris and of peasant and noble in Russia in “‘ The<br /> Sowers,” as he had done of India and of life on a<br /> P. and O. boat in “ The Grey Lady,” and was to do<br /> of Dantzic in “ Barlasch.” This last work was<br /> perhaps the finest effort of his genius, and the<br /> investment of his subject with local colour showed<br /> the work of a great writer. He possessed at the<br /> same time a marvellous faculty for creating character<br /> to accord withit. All is bitten in with the clearness<br /> of an etching, and one feels his thorough command<br /> of idea and pen. The book is permeated with<br /> historical atmosphere ; and while he presents an<br /> immense background dominated by Napoleon, he<br /> achieves the vital success of projecting into the<br /> foreground all sorts and degrees of men with per-<br /> sonalities equally strong. Here as ever he wrote<br /> with convincing assimilation of, the incidents<br /> moulding the lives he created. Alas! never again<br /> can we say “A new novel by Merriman!” In<br /> bidding adieu to Barlasch we bade adieu to his<br /> maker. The one is as real to us as the other.<br /> And each must have passed with the same supreme<br /> satisfaction in good work accomplished.<br /> <br /> , Mary Enz. Stevenson,<br /> Author of “ A Maid of the Moor,” ete.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> MEDICAL LITERATURE IN PUBLIC<br /> LIBRARIES.<br /> <br /> —_— eS<br /> By A MepicaL AUTHOR.<br /> <br /> HAVE just had placed in my hands the first<br /> of a series of “ Special Bulletins” which has<br /> been ordered by the Public Libraries Com-<br /> <br /> mittee of Birkenhead to be printed and circulated<br /> for the information of those interested. It is my<br /> idea that all members of a society like the Society<br /> of Authors should be interested in Public Libraries,<br /> for every day, I think, brings us nearer to the time<br /> when libraries, whether municipally conducted, or<br /> founded by private munificence, or run on business<br /> lines, will be the chief customers of the author.<br /> These “Special Bulletins” form a sort of sub-<br /> catalogues to the general catalogue of the six<br /> Public Libraries at Birkenhead, and are issued to<br /> show how the libraries provide for different sections<br /> of the ratepayers of the town. The first of the<br /> series is a classified list of books on medicine and<br /> kindred subjects, contained either in the Central<br /> Library or the Reference Library, and when I had<br /> read it I was certain that a good many books got<br /> into public libraries that are not in themselves of<br /> much use and the perusal of which might do<br /> considerable harm. I will take the sense of<br /> readers of 7’he Author on these points.<br /> <br /> The classified list is arranged alphabetically, and<br /> under the head of “‘ Anatomy and Physiology ” we<br /> have thirty-two works. Of these several are com-<br /> pletely obsolete, while others owe their interest<br /> more to their historical position than to their<br /> actual advancement of modern learning. Under<br /> the head of “ Bacteriology” we have nine works,<br /> of which one at least is a completely worthless<br /> book, while three are shown by their dates to be<br /> more or jess obsolete. Under the head of “The<br /> Brain” we have seventeen books which are fairly<br /> well selected ; two of them, however, are distinctly<br /> not standard works, and one—exactly the one that<br /> I can imagine the lay public being most anxious<br /> to obtain—is a distinctly unsound work. Under<br /> the head of “ Diseases of Children” there are<br /> sixteen books, largely of the advice-to-mother<br /> order. Of these books two are never heard of<br /> among medical men, and two were published<br /> twenty years ago and have not, as far as I know,<br /> been republished. They were, however, at their<br /> date of issue good text-books, and if editions have<br /> been issued since 1885 it might be worth while<br /> for a public library to obtain them. Of the seven<br /> books intended to form medico-domestic guides to<br /> young mothers this much may be said—such<br /> books are useful if they are intelligently used, and<br /> mischievous if they are not. ‘I&#039;he twelve books on<br /> “The Eye” are on the whole well chosen, though<br /> <br /> 133<br /> <br /> the teaching of two must be obsolete. ‘Twenty-six<br /> books are arranged under the heading of “ Food,”<br /> and they form a curious medley, for four are<br /> obsolete ; one seems to be a cookery-book; two<br /> are completely unknown to scientific students of<br /> dietetics ; and several others cover identical ground.<br /> Then follow seven books on ‘The Hand,” four<br /> books on chiromancy being catalogued in company<br /> with such genuinely scientific works as that of<br /> Galton on Finger-Prints, that of the late Professor<br /> Humphry on the Human Foot and Hand, and<br /> Sir David Wilson’s disquisition on Right and<br /> Left-handedness. Next come five books on<br /> Hydrophobia, of which three are obsolete.<br /> Then we have eighty-four books on Hygiene<br /> and Public Health, which are on the whole well<br /> chosen. Of: these thirty-two are made up by<br /> the Transactions of the International Congress of<br /> Hygiene and Demography of 1891 and of the<br /> International Health Exhibition of 1884. Such<br /> transactions have a proper place in a reference<br /> library. Several of the other books are obsolete,<br /> and of one or two I have no knowledge even by<br /> hearsay. The remainder are thoroughly well-<br /> chosen works. ‘The next eight volumes deal with<br /> Hypnotism and Mesmerism, the best known book<br /> on the subject not being included among them,<br /> while the Transactions of the Psychical Society and<br /> the works of the leaders of that Society are also<br /> absent. Then come seventy-one books headed<br /> *‘ Medicine and Health.” This is a heterogeneous<br /> collection ranging from well-known manuals and<br /> text-books, through household medicines and<br /> popular guides, to such works as a dissertation on<br /> a particular mineral-water, an indictment of vac-<br /> cination, a seventeenth-century epitome of The<br /> Secrets of Surgery, an eighteenth-century Her-<br /> barium, an essay on Dress in its Relation to<br /> Health, a Student’s Guide to the Medical Pro-<br /> fession dated before the passage of the Acts of<br /> Parliament by which the medical profession is now<br /> regulated, and a Girls’ Book of Health and Beauty.<br /> Then we have twenty-two books upon “ Nursing,”<br /> among which are some of the more valuable treatises.<br /> Under the head of “Physical Culture” we have<br /> seventeen works of varying value and scope. On<br /> the whole the works in this section are good, but<br /> Sir Frederick Treves, Mr. Eugene Sandow, and<br /> the late R. A. Proctor can hardly before have ,<br /> found themselves in the same special class of a<br /> library catalogue. Under the head of “Surgery ”<br /> are included works on surgical anatomy and ambu-<br /> lance lectures. The two best manuals of surgery<br /> are in this list—a comparatively short one, consist-<br /> ing of twenty-four works only. Works on Throat<br /> and Voice and on Vivisection are followed by a<br /> heading called “Miscellaneous ””—and miscella-<br /> neous it is—for under it fall a work on scientific<br /> <br /> <br /> 134<br /> <br /> <br /> <br /> dressmaking, a herbalists’ manual, a work on<br /> artificial limbs dated fifty years ago, a note on<br /> hydropathy, a highly scientific work by the late<br /> Professor Tyndall, and a note on scent by a<br /> well-known perfumer.<br /> <br /> It will be seen from this rough and ready<br /> analysis that the ratepayers of Birkenhead are in<br /> possession of a fairly good medical library, not<br /> sufficiently modern or comprehensive to be of any<br /> use to medical men engaged in research work or<br /> scientific literary pursuits, but including more<br /> standard works than anyone not a medical man is<br /> likely to want to consult, or to be benefited by<br /> reading. I am not sure what purpose Free<br /> Libraries are meant to serve, but it seems to me<br /> that the collection of works in the Special Bulletin<br /> No. 1 of the Birkenhead Public Libraries caters<br /> for no one. It is not a scientific collection and it<br /> is not a popular collection. As far as scientific<br /> workers are concerned, Free Libraries can never be<br /> of much good in the more progressive branches of<br /> science, for the ratepayers cannot be expected to<br /> provide new and expensive works on bacteriology<br /> or physiology every year, yeb every year brings<br /> some new discovery which ought to be recorded.<br /> As regards the needs of the general public such<br /> works are not of much use, unless the practical<br /> application of their teaching to the needs of every-<br /> day life is well brought out. This is the case in<br /> only a small proportion of the books in the Special<br /> Bulletin ; but just where the public are mostly in<br /> want of instruction—that is to say, in matters<br /> relating to food and general hygiene—it is gratify-<br /> ing to point out that the Birkenhead Free Libraries<br /> supply sound literature.<br /> <br /> I wonder if members of the Society of Authors,<br /> whose special knowledge lies in different directions<br /> to my own, have any experience of the contents of<br /> the large Free Libraries as far as their own<br /> pursuits are concerned. Is law, is theology, is<br /> engineering similarly served? Are the works<br /> dealing with these branches of learning, supplied to<br /> the public out of the ratepayers’ money, either not<br /> scientific enough or modern enough for the<br /> purposes of the serious student, or too abstruse for<br /> the general reader? Because if so, Free Libraries<br /> would seem somewhat to fail in their aims. As far<br /> as medical books are concerned, I am quite sure<br /> that the Committees that manage Free Libraries<br /> ought to pursue one policy. They should save the<br /> ratepayers’ money by buying only a few standard<br /> medical works, renewing these when their advisers<br /> in the matter warn them that new editions are<br /> necessary. Special care should be taken that the<br /> medical works put into general circulation are<br /> sound and authoritative, while works on palmistry,<br /> cookery, and district nursing should not be<br /> catalogued as medical. Preference also should be<br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> given to books of general instruction, books<br /> containing general principles, dictionaries and<br /> works of reference. Manuals for students should<br /> not be bought. There is never any particular<br /> reason for purchasing one special treatise more<br /> than another, while the premises of Free Libraries<br /> are not intended to shelter genuine medical<br /> students for whom other provision is always made.<br /> With regard to amateur medical students, it is<br /> important that medical books should be inspected<br /> from the point of view of the wholesomeness of<br /> their contents before they are put into circulation.<br /> Some medical books make dangerous public reading.<br /> <br /> The composition of our Free Libraries is a<br /> matter of national importance. Too many people<br /> think that when they have voted for a library-rate<br /> they have done their duty, and that a well-chosen<br /> collection of books will immediately occur. This<br /> need not be the case, at any rate if general con-<br /> clusions may be drawn from the special cireum-<br /> stances to which I have alluded.<br /> <br /> gee 9<br /> <br /> A PLEA FOR PEDANTRY.<br /> <br /> —1 &gt;<br /> <br /> “ (P\HAT ain’t sense!” a well-known member<br /> [ of the House of Commons is reported to<br /> have remarked after the reading of an<br /> amendment; and the ejaculation, both in its<br /> matter and its manner, is characteristic of the<br /> age. How often the dignity of sense suffers in<br /> the expression of it! “There is a good deal of<br /> sense in that article,” remarks pater familias,<br /> buttoning his overcoat before starting for the<br /> City; and his eldest son, “fresh from the<br /> beauty and the bliss” of Balliol, takes up the<br /> paper and reads, “The Liberals are clamouring<br /> and Mr. Balfour obdurately silent ’—and all he<br /> notices is that the writer is ungrammatical,<br /> because, great man though the Prime Minister<br /> be, he can claim only the singular verb like any<br /> ordinary mortal. Sense may be the dish; but<br /> style is the cookery: and the palate of the purist<br /> receives many a rude shock. In these modern<br /> days of newspapers full of paragraphs “ written<br /> up” by a jaded journalist overnight, and hastily<br /> scanned by an equally jaded reader in the stifling<br /> “Tube” next morning ; of letters spoken into a<br /> phonograph and typed off in duplicate ;—yea, of<br /> novels produced in the same fashion at the rate of<br /> three or four a year; of political pamphlets and<br /> books of biography and of travel hastily put<br /> together and rushed through the printing press<br /> in order to catch an ephemeral market ;—in these<br /> modern days, what chance has our stately and<br /> beautiful language, with all its history behind it ?<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> Then let us welcome the pedant and the purist, for<br /> _ they have their uses.<br /> <br /> The lack of leisure, in literature as elsewhere, is<br /> accountable for much, since many errors are due to<br /> the habit of condensing. ‘You must try to love<br /> me as you have your parents ” is ungrammatical,<br /> yet harmless ; but how about the assertion that<br /> “He loathed sausages as much as his wife” ?<br /> What a picture is given of domestic disquietude !<br /> __whereas the reality, fatally obscured by the omis-<br /> sion of the little word “did,” was a distinctly<br /> harmonious breakfast-table. It is painful to read<br /> that “when the chemical students had given in<br /> the results of their researches, they were sealed up<br /> in test-tubes and set aside to be analysed by the<br /> professor.” What a fiscal problem is presented by<br /> this sentence: ‘He spent two guineas a week on<br /> cigars which he might have given to the poor ”!<br /> <br /> Many errors are due, not to condensing, but to<br /> bad arrangement :—“ Tennyson’s ‘ May Queen ’ is<br /> a poem about a girl divided into three parts.”<br /> And, “opposite stretch the long lines of blanched<br /> walls, where now live the King of United Italy<br /> and his fair Queen Margherita of Savoy, some-<br /> what plain-faced and bald, and descending whole<br /> streets in their enormous length and breadth of<br /> circuit.’ The words only, merely, and not are<br /> pitfalls in this respect, and the Post Office authori-<br /> ties fell headlong into one of them when they<br /> informed the public “The address only. to be<br /> written on this side.” ‘To the purist, this conveys<br /> that the address is only to be written, not, for<br /> example, typed.<br /> <br /> When once the habit of noting errors becomes a<br /> hobby, they seem to crop up everywhere—in news-<br /> papers, sermons, speeches, books, letters, advertise-<br /> ments. How often we hear of “a house on the<br /> left side going down the street,” or “a cab-stand<br /> coming up the road.” “Each of us have” and<br /> “neither of them were’’ are sadly familiar, even<br /> within bookcovers. When there are two brothers,<br /> is not the elder invariably the eldest ? And of<br /> two apples, is not the bigger always the biggest ?<br /> “This is one of the commonest errors that has<br /> crept into the language,” one is told. “Has<br /> they?” the pedant answers mildly. “ Strictly<br /> speaking, there was no necessity ”__noor participle,<br /> without a relation to support it !<br /> <br /> Often pronouns are the cause of woe. What<br /> can be made of this: “He told me his brother<br /> had a friend and he wished him to emigrate ; but<br /> he had said he ought to wait till he saw if his<br /> uncle would help him, as he told him he would if<br /> he approved of him.” Then there is the fatal<br /> impersonal pronoun “one,” that no Briton can<br /> handle with safety. The British are less successful<br /> than the French with verbs also. How often the<br /> novelist, in the midst of a narrative, leaps from<br /> <br /> 135<br /> <br /> the past tense to the present and back again !<br /> And how hopelessly muddled the reporter becomes<br /> during three columns of indirect quotation ! And,<br /> most familiar of all, “ Mr. Jones will have much<br /> pleasure in accepting Mrs. Smith’s kind invitation.”<br /> “ What ought you to say instead of ‘I shall have<br /> much pleasure in accepting’ ?” a teacher asked his<br /> class. “I will have much pleasure!” cried an<br /> eager Scot. Folk north of the Tweed have to<br /> submit to much quizzing for their use of shall<br /> and will and for other Scotticisms ; but there are<br /> not a few colloquialisms peculiar to the dwellers<br /> south of that river. It strikes the Scottish ear at<br /> once when someone says “ different to” instead of<br /> “ different from,” or “differ with” instead of<br /> “differ from.” It was perhaps a rash and<br /> carping pedantry that prompted someone to<br /> demand of a renowned barrister that he should<br /> say “disagree from.” He listened to the logic<br /> and courteously announced himself convinced ; but<br /> presently he was heard to mutter below his breath,<br /> “] disagree from you, my lord,—my lord, i<br /> disagree from you. No,no! Couldn’t! Couldn’t<br /> possibly!” The English seem prone to the use of<br /> “lay” instead of “lie”—Byron and Shelley are<br /> both defaulters—“ There let it lay” : and to the<br /> substitution of “like” for “as”—‘ Like I did.”<br /> But perhaps the Englishism most noticeable to<br /> the stranger is to be heard in the addition of<br /> the letter 7 after the vowel a—‘ the sofar is,”<br /> _“the idear of it!’”—“ Mariar ought.” This is<br /> now as prevalent as the inserted 4, and among a<br /> more cultured class. As with the h, the r is not<br /> only inserted where it ought not to be, but is left<br /> out where it owght to occur, and hence that horror,<br /> the “ Cockney rhyme ”—“ palm—harm,” and “ Oh<br /> Mamma, See the star!”<br /> <br /> It is pleasant to find the Chronicle entering the<br /> lists as a purist. A few days ago it called atten-<br /> tion to “a common error,” and cited examples<br /> culled from its own pages :—“‘ Mr. A. B. Walkeley<br /> writes to Mr. Bourchier: “I could not go to a<br /> theatre from which I had been excluded without<br /> that exclusion being publicly apologised for 47<br /> “Pardon me saying” and “ Forgive me coming y<br /> are simpler forms of the same.<br /> <br /> “ Fyom May to December, inclusive,” or ‘‘ From<br /> G. to N., inclusive,” is universal ; but is it sense ?<br /> “To and from Regent Street and City, 37.” meets the<br /> eye of many literary people on their way befween<br /> fashion and Grub Street : does it vex their souls ?<br /> As to “Bespoke Bootmaker” and “ Practical<br /> Chimneysweep,” they are beneath notice.<br /> <br /> Once we enter the realms of pure pedantry, there<br /> is much to engage our attention. The dainty<br /> disused subjunctive meets us reproachfully. The<br /> rival claims of the pronouns that and which wait,<br /> as they have waited since the Elizabethan age, to<br /> <br /> <br /> 136<br /> <br /> be settled. The doubtful grammar of “these<br /> kind” and “those sort” has to be seriously con-<br /> sidered. The poor word demean demands a<br /> knight-errant to rescue her from the clutches of<br /> mean, to whom she owes no allegiance, and<br /> restore her to her proper relation demeanour.<br /> And in the train of demean come many mis-<br /> used words—mutual and aggravate, replace and<br /> appreciate, the debased awful, fallen from her<br /> high estate, and all the rest. There is also the<br /> phrase “and which ”—a phrase that, it is alleged,<br /> a certain weekly in its palmy days used to keep a<br /> special proof-reader to delete. There is “fine<br /> day” when the day is only fair; and there is<br /> “infinitely less,” when the comparison is between<br /> things necessarily finite. ‘A sentence should<br /> never have a preposition to end up with” was the<br /> remark of someone who taught better by precept<br /> than by example. But purists go further, and, not<br /> content with objecting to “quite perfect” and<br /> “quite better,” even question the propriety of<br /> “more true.” But this last contention seems to<br /> step beyond the realms of literary criticism alto-<br /> gether, and to land one in the hazy atmosphere of<br /> philosophy.<br /> <br /> The errors that have been enumerated are only<br /> a few of the most common, but will help to recall<br /> many others to the mind, and may perhaps<br /> persuade some readers to own that, though the<br /> pedant be a fractious and annoying member of<br /> any society—most of all of the Society of Authors<br /> —he is not altogether without his uses, nor yet<br /> altogether without his excuses.<br /> <br /> ROSALINE Masson.<br /> <br /> Oa<br /> <br /> THE ARTIST AS CRITIC.*<br /> <br /> +<br /> <br /> HE Editor’s note to this, the twelfth,<br /> volume of Messrs. Macmillan’s edition of<br /> Thackeray’s Works explains that for the<br /> <br /> first time the “Critical Papers in Literature ” are<br /> brought together in one volume and arranged in<br /> chronological order instead of being scattered<br /> throughout the various volumes of the editions.<br /> The advantages of such a plan are obvious, but it<br /> does not appear from this preface what was the<br /> compelling cause to make any exceptions; the<br /> exceptions, however, are carefully noted, and<br /> reference is given to the other volumes in which the<br /> papers severally appear. Thus the first review<br /> known to have been written by Thackeray, on<br /> <br /> <br /> <br /> * “Critical Papers in Literature,’ by William Makepeace<br /> Thackeray. London: Macmillan &amp; Co., Limited, 1904.<br /> Crown 8yo., 3s. 6d,<br /> <br /> THE AUTHOR.<br /> <br /> Robert Montgomery’s poem, ‘ Woman : The Angel<br /> of Life,” was published in 7&#039;e National Standard<br /> dated the 15th of June, 1833, and is now reprinted<br /> in vol. ix. of this edition; in the same volume<br /> appears his review of Victor Hugo’s “ Etude sur<br /> Mirabeau ” ; other literary papers entitled respec-<br /> tively, “Madame Sand and the New Apocalypse,”<br /> “Qn some French Fashionable Novels: With a<br /> Plea for Romances in General,” and “ French<br /> Dramas and Melodramas” are reprinted in vol.<br /> vii. of this edition; finally a note of importance<br /> will be found in vol. xi., covering the question of<br /> other reviews supposed to have been contributed by<br /> Thackeray to Fraser’s Magazine, some of which<br /> have been positively identified and are reprinted in<br /> that volume.<br /> <br /> Of the twenty-nine papers included in the present<br /> volume, six are reprinted for the first time, four are<br /> reprinted for the first time in England, and twenty-<br /> one are for the first time included in an edition of<br /> Thackeray’s Works. The most important “find ”’<br /> from the bibliographer’s point of view is an invoice<br /> sent by Thackeray to 7%e Times for contributions<br /> during November, 1838; this “ find” was made by<br /> Mr. Moberly Bell, who sent a copy of the letter<br /> and invoice to Messrs. Macmillan; reference to a<br /> file of The Times disclosed articles entitled “The<br /> Annuals,” Tyler’s “Life of Henry V.,” Fraser’s<br /> “Winter Journey to Persia,’ Count Valerian<br /> Krasinski’s “History of the Reformation in Poland,”<br /> all of which are now reprinted for the first time,<br /> and a couple of paragraphs entitled “ Steam Navi-<br /> gation in the Pacific,’ which are omitted as not<br /> coming within the scope of the volume. The two<br /> other articles now first reprinted are a review of<br /> the “Memoirs of Joseph Holt, General of the Irish<br /> Rebels in 1798,” which appeared in Zhe Times for<br /> the 31st of January, 1838, and Thackeray’s sole<br /> contribution to The Edinburgh Review, which was<br /> published in October, 1845, ridiculing N, P. F.<br /> Willis’s “ Dashes at Life with a Free Pencil.”<br /> <br /> Of the other fifteen papers now first included in<br /> an edition of Thackeray’s Works the most interest-<br /> ing, regarded as Critical Papers, are the ‘ Duchess<br /> of Marlborough’s Private Correspondence,” “ Eros<br /> and Anteros, or ‘Love’,” “A Diary Relative to<br /> George IV. and Queen Caroline,” “The Poetical<br /> Works of Dr. Southey,” “ Fielding’s Works,” “ Mr.<br /> Macaulay’s Essays,” and “Coningsby, or the New<br /> Generation.” These, with the more familiar papers<br /> on Carlyle’s “French Revolution,” “Grant in<br /> Paris,” ‘Dickens in France,” and ‘Jerome<br /> Paturot,” enable one to arrive at a definite opinion<br /> of Thackeray’s claim to consideration as judge of<br /> other people’s work, and to assess the worth of the<br /> artist in his other réle of critic.<br /> <br /> His own opinion of the function of the critic is<br /> recorded in this volume. An eminent artist had<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> as<br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> suggested that it was the writer&#039;s duty only to speak<br /> of pictures particularly when one could speak in<br /> terms of praise ; not, of course, to praise unjustly,<br /> but to be discreetly silent when there was no<br /> opportunity. “Itis a fine maxim,” says Thackeray<br /> in his genial way, ‘“‘and should be universally<br /> adopted—across a table. Why should not Medi-<br /> ocrity be content, and fancy itself Genius? Why<br /> should not Vanity go home, and be a little more<br /> vain? If you tell the truth, ten to one that<br /> Dulness only grows angry, and is not a whit<br /> less dull than before—such being itsnature. But<br /> when I becomes we—sitting in judgment, and<br /> delivering solemn opinions—ie must tell the truth,<br /> the whole truth, and nothing but the truth ;<br /> for then there is a third party concerned—the<br /> public—between whom andthe writer, or painter, the<br /> critic has to arbitrate, and he is bound to show no<br /> favour. What is kindness to the one, is injustice to<br /> the other, who looks for an honest judgment, and<br /> is by far the most important party of the three ;<br /> the two others being, the one the public’s servant,<br /> the other the public’s appraiser, sworn to value, to<br /> the best of his power, the article that is for sale.<br /> The critic does not value rightly, it is true, once in<br /> a thousand times ; but if he do not deal honestly,<br /> wo be to him! The hulks are too pleasant for<br /> him, transportation too light. For ourselves, our<br /> honesty is known ; every man of the band of critics<br /> (that awful, unknown Vehmgericht, that sits in<br /> judgment in the halls of ReGrna) is gentle, though<br /> miserable, loving, though stern, just above all. As<br /> fathers, we have for our dutiful children the most<br /> tender yearning and love; but we are, everyone of<br /> us, Brutuses, and at the sad intelligence of our<br /> children’s treason we weep—the father will ; dwt<br /> we chop their heads off.”<br /> <br /> Indeed they do. And where decapitation of the<br /> culprit seems to be the proper end, Thackeray sees<br /> to it that the capital penalty is preceded by<br /> scourging more or less severe. Sometimes his<br /> whip has but a single thong. In “ Eros and<br /> Anteros, or ‘Love,’” for instance, he deprecates<br /> any claim to being regarded as omniscient with a<br /> parenthesis that disarms hostility. Lady Charlotte<br /> Bury wrote a novel in which all the figures are<br /> exclusives, fashionables, or lords; the silly things<br /> they severally do are best left in the oblivion to<br /> which they have sunk, but the critic challenges<br /> the accuracy of the picture. “Thank Heaven,”<br /> he says, “the world (unless in the most exclusive<br /> circles) does not do this.” In that admission of<br /> the possibility of his own ignorance there is brine<br /> in which the thong is soaked. Sometimes his<br /> whip has double thongs: Lady Charlotte Bury<br /> felt it, owing to her responsibility for the “ Diary<br /> Relative to George LV. and Queen Caroline.” “ We<br /> never met with a book more pernicious or mean.”<br /> <br /> 137<br /> <br /> Phrase after phrase of bitterly scornful denuncia-<br /> tion falls from the curling lip of the judge to<br /> culminate in an almost savage peroration. ‘There<br /> is no need now to be loyal to your prince or tender<br /> to his memory. Take his bounty while living,<br /> share his purse and his table, gain his confidence,<br /> and learn his secrets, flatter him, cringe to him,<br /> vow to him an unbounded fidelity—and when he<br /> is dead, write a diary and betray him!”<br /> <br /> Jules Janin felt it, too, and it is noteworthy<br /> that it was on behalf of Dickens that Thackeray<br /> seized his double thonged whip and laid about the<br /> shoulders of the French critic. ‘“ Dickens in<br /> France” the article is called, and it will repay<br /> study as an example of culminative scorn: as an<br /> example, too, of the justice on which he prided<br /> himself, for it is by textual quotation of the<br /> culprit’s own words and of passages from his own<br /> paper that he establishes his case.<br /> <br /> Naturally, several of the longer essays are<br /> expository rather than critical, but they are admir-<br /> ably written: the article on Tyler’s “ Life of<br /> Henry V.” is Thackeray’s own precis of the story<br /> as told by the old chroniclers; that on Count<br /> Valerian Krasinski’s “ History of the Reformation<br /> in Poland” is little more than one long quotation<br /> from the book itself; those on Holt’s “ Memoirs,”<br /> Fraser’s “ Winter Journey to Persia,” and Willis’s<br /> « Dashes at Life” are little more than summaries<br /> enlivened by comment characteristic of Thackeray,<br /> and, especially in the case of the last book, relieved<br /> by not unkindly banter. Willis, indeed, seems to<br /> have been treated too leniently.<br /> <br /> It is in the estimates formed of Carlyle’s “ History<br /> of the French Revolution,” of Macaulay’s * Essays,”<br /> of “Coningsby,” of Fielding’s Works and of<br /> Southey’s collected poems that Thackeray’s right to<br /> be deemed a sound critic may most fairly be tested,<br /> and for our own part we think it has been estab-<br /> lished by general consent. Carlyle’s opinion of<br /> Thackeray’s opinion of him is recorded in the<br /> preface : “ His article is rather like him, and, I<br /> suppose; calculated to do the book good’’: rather<br /> grudging perhaps, but surely the best possible<br /> tribute to the quality of the criticism, which ought<br /> to be as much the expression of the critic’s indi-<br /> vidual self as the book should be of the author’s.<br /> It is pleasant to recognise the man’s alacrity to<br /> recognise merit in his contemporaries ;_ the<br /> courteous, almost deferential, respect he has for<br /> Macaulay’s attainments, the singular aptness of<br /> the epithets he applies to Disraeli’s ‘« Coningsby,”<br /> and the acumen and sanity of his judgment of<br /> Southey’s Poems. The whole-hearted, generous<br /> enthusiasm he cherishes for Fielding, communi-<br /> cates a glow, and we welcome an edition of<br /> Thackeray containing this essay. Altogether, this<br /> book has given us a great deal of pleasure already,<br /> 138<br /> <br /> and we are glad to record, in addition to our love<br /> for Thackeray the artist, our respect for Thackeray<br /> the critic. V. E. M.<br /> <br /> <br /> <br /> _—-—_»<br /> <br /> CORRESPONDENCE.<br /> <br /> —1~&gt;—-<br /> <br /> / SHOULD WELL-KNOWN WRITERS<br /> “FARM-OUT” FICTION ?<br /> <br /> AN,<br /> <br /> Sir,—In your December number appears a<br /> contribution from “ Proxy,” entitled, ‘Should well-<br /> known writers ‘farm-out’ fiction ?” in which he<br /> attempts to justify popular authors in palming off,<br /> as their own original work, novels and tales written<br /> by “ghosts” in their employ. - “ Proxy ” supports<br /> his theory that such an act is perfectly justifiable<br /> by the argument “ whether Blank himself actually<br /> writes the books or whether he employs someone<br /> to write them for him is really of no great con-<br /> sequence as far as the reader is concerned.”<br /> <br /> To the grocer who takes half-a-crown across<br /> the counter, it is of no great consequence whether<br /> the coin has been stolen or honestly earned, but<br /> pocket- picking is a felony nevertheless.<br /> <br /> By the way, I find in this article an allusion to<br /> “poor Gilbert’s inimitable humour.” J am much<br /> obliged to the writer for his sympathetic reference<br /> to me, but why “poor?” If he means that I am<br /> in embarrassed circumstances, I have much pleasure<br /> in assuring him that I still contrive to keep my<br /> head above water. If he is under the impression<br /> that I am a helpless invalid, it gratifies me to<br /> inform him that I am in robust health. If he<br /> supposes me to be disembodied, I am pleased to<br /> say that I am not even an author’s ghost.<br /> <br /> Yours faithfully,<br /> <br /> W.S. GILBERT. -<br /> <br /> ah ae ae a<br /> <br /> Il.<br /> <br /> Srr,—After reading the article with the above<br /> title, signed ‘“‘ Proxy,” in the December issue of<br /> The Author, one has to ask oneself whether it is<br /> intended to be taken seriously or as a joke. It<br /> seems hardly possible to believe that it is serious,<br /> or else the writer must be one who can see no<br /> wrong in defrauding nor in being defrauded.<br /> <br /> It makes no difference to the case whether the<br /> author is well-known or not, although, of course,<br /> the circumstances could not apply to an obscure<br /> one. The writer of this article compares an author<br /> who employs a proxy with a person carrying on<br /> <br /> THER AUTHOR.<br /> <br /> the business of a manufacturer or storekeeper<br /> under some other name than his or her own, and<br /> seems to think that there is no difference. In<br /> buying at a certain store, whether a piece of<br /> furniture, a gun, a watch, a garment or any other<br /> thing, no one supposes that the head of the firm<br /> makes every article sold there, neither does he put<br /> them forward as his individual handicraft ; it is<br /> work made or sold under his auspices and for<br /> which he takes the responsibility. It is the<br /> publisher who should be compared with such a<br /> person, not the writer of a work. The publisher isa<br /> dealer in books (which he may get written or pro-<br /> duced to order), and each work is put before the<br /> public as his publication, but not as his composition.<br /> One does not buy a book for the sake of the<br /> publisher, but for the sake of the matter or of the<br /> writer ; the composition is set forth as being by<br /> such and such a person, as being that person’s<br /> original work, for which reason that person takes<br /> the name of author ; and, if the supposed author’s<br /> name is on the title-page and the work is not his or<br /> her composition, then is fraud being committed.<br /> If an “author” employs a proxy, then it should be<br /> stated that the work is produced for or under the<br /> auspices of that “well-known writer,” otherwise<br /> the publisher is put in the same position as a<br /> picture-dealer who sells the work of one artist as<br /> that of another.<br /> <br /> This practice in favour of which “ Proxy ”<br /> writes is causing money to be obtained under faise —<br /> pretences, and is deliberate fraud by the supposed<br /> author and the proxy on the publisher and the<br /> public, and also by the proxy on him or herself.<br /> <br /> Doubtless some member of the Society of<br /> Authors is acquainted with a work written by a<br /> proxy or “ ghost ’? and put forward as that of some<br /> well-known writer ; if so, I should very much like<br /> to see the Society instigate, on behalf of a member<br /> purchasing a copy of such a work, a prosecution for<br /> fraud of the supposed author whore name appears<br /> on the title-page, or else see a publisher undertake<br /> the prosecution of such a supposed author.<br /> <br /> <br /> <br /> HvuBert HAEs.<br /> <br /> &lt;&gt;<br /> <br /> III.<br /> <br /> Sir,—A writer calling himself “ Proxy” has<br /> detailed to us, in the December number of The<br /> Author, the sophistries with which he, and, of<br /> course, his principal before him, have succeeded in<br /> drugging conscience. He offers those arguments<br /> to us as an excellent prescription, as if we too<br /> must be anxious to get rid of that tiresome voice<br /> which urges probity !<br /> <br /> ‘To begin with, his claim to authority on the<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> subject of “ ghosting,” as being himself a “ ghost,”<br /> is hardly valid. It could not logically be allowed<br /> without conceding the same high standpoint to all<br /> who profit by malpractices, wherever found. The<br /> law of the land, judge and jury, would then count<br /> for nothing. We should appeal to the receiver of<br /> stolen goods for an anonymous verdict.<br /> <br /> But why does “ Proxy” stand forth at all?<br /> We have no personal quarrel with him or his tribe.<br /> What we wish to see stopped is the practice, said<br /> to be widespread, of flourishing authors choking<br /> the market, filling space valuable to others, with<br /> work not their own. ‘The selfishness is only made<br /> possible by a downright, fraudulent lie ; for, I take<br /> it, most authors regard their name or pseudonym<br /> appended to work as nearer to an affidavit than “a<br /> sort of trade-mark.” “Proxy” may be simply an<br /> honest man in reduced circumstances. “ Blank,”<br /> his employer, is, frankly, a scoundrel.<br /> <br /> The reference to modern business methods as<br /> the standard of honesty is downright funny.<br /> Indeed, ‘“ Proxy’s” whole article has the ring of<br /> fine satire, making one scent a hoax.<br /> <br /> “T may say, to begin with, that the writers for<br /> whom I act as proxy know me sufficiently well to<br /> be aware that I am not likely ever to blackmail<br /> them, and in selecting a proxy this is of course an<br /> extremely important consideration.”<br /> <br /> Shade of Mistress Quickly! ... Is not this<br /> pure satire? Or can “ Proxy,” after writing that,<br /> still really wonder at members of the Authors’<br /> Society agreeing “ that the practice is reprehensible<br /> in the extreme”?<br /> <br /> Just one more quotation. This is one of the dire<br /> alternatives presented to “the writer of popular<br /> fiction”? who receives applications for work in<br /> excess of his output:— He must decline to<br /> undertake to get through more than a compara-<br /> tively small amount of work, and thus, in the<br /> language of the box-office, ‘turn good money<br /> away.’” In other words, he must decline to get<br /> money by dishonest means, degrading to himself,<br /> defrauding to others, and unfair even to the<br /> “ghost” who is robbed of personality. Isn’t it<br /> hard on the poor devil ?<br /> <br /> That there are among “ghosts” men keenly<br /> alive to a debasement into which real want has<br /> fcrced them, we are fain to believe. Mr. Leonard<br /> Merrick’s “ Cynthia” contains a convincing picture<br /> of such an one. [If all were as cynically content in<br /> their background as “ Proxy ” pretends to be, pity<br /> would be wasted on them. But contempt is by<br /> no means wasted on their employers. Like other<br /> cheats they deserve nothing but the cold shoulder,<br /> and will get it, sure enough, when discovered.<br /> But the job is to catch them.<br /> <br /> MARMADUKE PICKTHALL.<br /> <br /> 139<br /> <br /> IV.<br /> <br /> Str,—You have now published in The Author<br /> three letters and one article dealing with the inte-<br /> resting process which the writers thereof describe,<br /> according to their differing opinions upon the<br /> subject, either by the airy name of “ ghosting,”<br /> or the more solid and uncompromising term,<br /> “ fraud.”<br /> <br /> One has heard before, generally in fiction, of the<br /> literary vampire who sucks the brains of the un-<br /> <br /> fortunate hack; and I do not think that one has<br /> <br /> felt much inclined to believe in his existence out-<br /> side the pages of romance. The recent corres-<br /> pondence in Zhe Author, however, seems to prove<br /> that the vampire is a very actual personage indeed<br /> —on the testimony of no less a person than the<br /> hack himself, who certainly ought to know, and<br /> who appears quite willing to take us into his<br /> (strictly anonymous) confidence, in spite of the<br /> vows of silence and secrecy which he has sworn to<br /> the vampire whom he serves.<br /> <br /> Of course, if the hack chooses, or is forced by<br /> circumstances, to earn his living by writing for the<br /> vampire, that is nobody’s business but his own.<br /> Of the two parties concerned in a dirty business,<br /> the hack should have the clearer conscience. But<br /> it certainly has struck me as singular that three<br /> out of the four communications published have<br /> unblushingly tried to whitewash this ghosting<br /> affair. Indeed, *‘ Proxy,” in his article, reaches a<br /> point beyond even the whitewash pot. He boldly<br /> sets himself to prove that the ghosting system is<br /> perfectly fair and honest, and tells us that he looks<br /> upon the vampire as “a Heaven-sent being, and<br /> not, as some appear (!) to consider him, a species<br /> of imposter.” “ Proxy’s” idea of a “ Heaven-sent<br /> being” seems rather dangerously original, to say the<br /> least of it—but let that pass. He goes on to make<br /> a statement which one cannot let pass so easily.<br /> “ Whether Blank himself actually writes the books,<br /> or whether he employs someone to write them for<br /> him,” he declares, “is really of no great conse-<br /> quence so far as the general reader is concerned.<br /> The general reader looks upon Blank’s name as @<br /> sort of trade mark—nothing more.”<br /> <br /> Now, in the name of the general reader, I protest<br /> against this statement of * Proxy’s.” I, for one,<br /> do not look upon Blank’s name upon the novel<br /> which he offers to the public as his own as “a sort<br /> of trade mark.” When I order a book purporting<br /> to be written by Blauk, I do not expect to geb a<br /> novel which “Proxy ” has written for Blank to sign<br /> —-andsell. I want Blank, I order Blank, I expect to<br /> get Blank ; and if [ get “ Proxy ” instead of Blank<br /> I maintain that I have as good a right to consider<br /> myself cheated as though I had asked for—and<br /> paid for—butter, and received margarine. I am<br /> <br /> <br /> 140<br /> <br /> not depreciating ‘‘ Proxy’s”’ work—it may be as good<br /> as, or even better than Blank’s; but that argument<br /> has nothing to do with the case.<br /> <br /> I cannot help thinking that this is the view the<br /> general reader will take, in spite of ‘‘ Proxy’s” com-<br /> fortable conscience—salving sophistries to the con-<br /> trary. The public undoubtedly buys Blank’s book,<br /> and orders it at the libraries, on the strength of<br /> the position Blank has already achieved in fiction ;<br /> if it finds out that such a system as “ Proxy” reveals,<br /> and upholds, is in vogue, it is not difficult to foresee<br /> that, however unsatisfactory the sale of novels<br /> may be at present, it will soon become infinitely<br /> worse.<br /> <br /> We have heard a good deal about the iniquities<br /> of the publisher, but if the state of things described<br /> by “Proxy” and others really exists, then it seems to<br /> me that the virtuous, long-suffering author stands<br /> in a glass house in which he will find it exceed-<br /> ingly difficult to throw stones at his natural enemy.<br /> <br /> Meanwhile, as a consequence of these interesting<br /> revelations by “ Proxy” &amp; Co., the literary profes-<br /> sion stands practically under the imputation of com-<br /> mitting a wholesale and comprehensive fraud upon<br /> an unsuspecting public. Three successive numbers<br /> of your periodical have reiterated the accusation ;<br /> and so far not one novelist of prominence has come<br /> forward to deny, in his own name at least, this<br /> shameful charge. “ Proxy” and his fellows have<br /> flung down the gauntlet—is there no writer who<br /> dare lift it, for the honour of the art he serves ?<br /> Or is it indeed true that we are all a set of dis-<br /> honest hucksters, cheating the public and lying<br /> amongst ourselves, thinking only of our price per<br /> thousand, and not caring by what fraudulent methods<br /> it is obtained ?<br /> <br /> CHALLENGER.<br /> <br /> P.S.—Since the above was written, the Com-<br /> mittee has issued a note in The Author, very<br /> properly recording its opinion of the practice<br /> which “ Proxy” defends as “a gross fraud both<br /> on the publisher and the public.” So far, so<br /> good ; but is it not possible to go a little further<br /> —to take steps to discover and publish the names<br /> of the culprits? In Mr. Ascher’s letter on the<br /> subject in the October number he speaks of<br /> instances of “ ghosting” which have fallen under<br /> his own notice. Surely if he or any member of<br /> the Society possesses proof of a case of this kind,<br /> he owes it to the whole literary profession to make<br /> it public. It may be very difficult, for many<br /> reasons, to stop “ghosting” altogether; but<br /> exposure seems to me to be the first and most<br /> powerful weapon against it. No condemnation<br /> <br /> of the system, as a system, will effect much good<br /> unless the actual individual concerned can be<br /> shown up. It is almost impossible to believe that<br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> popular and well-paid writers can carry on this<br /> fraud for any great length of time with impunity,<br /> and one can only hope that the first proven case of<br /> the kind which comes to the knowledge of the<br /> Society will mect with the public disgrace which it<br /> so richly deserves.<br /> <br /> ig<br /> <br /> V.<br /> <br /> DEAR Srr,—The defence in your December<br /> number of farming out literary work, whether<br /> real or fictitious, certainly shows that for a poor<br /> “ohost”” half a loaf is better than no bread, and<br /> it also illustrates the increasing difficulty of getting<br /> good work accepted on its merits. A great many<br /> modern magazine editors and publishers are quite<br /> incapable of judging for themselves as to the<br /> quality of work submitted to them. Tell a story is<br /> by some well-known writer, and at once they read<br /> merit into it. This is what gives the farmer his<br /> chance. He depends upon their lack of critical<br /> faculty, and power of distinguishing between one<br /> man’s style and another’s. They want names, and<br /> names only. Very often, too, in the lower walks<br /> of fiction the difference between the work of one<br /> man’s and another&#039;s is that between Tweedledum<br /> and Tweedledee, but the fact that one of the two<br /> has succeeded by a fluke gives him a certain market<br /> value. Farming out work and taking pay from<br /> publishers at rates that would not be given if the<br /> publishers knew the truth, is simply a form of<br /> swindling, and the authors who do such things<br /> may justly fear blackmail, and wish to be quite<br /> sure of their partner. For the poor accomplice,<br /> unknown to fame, despairing of ever attaining it,<br /> and driven by necessity, one can have little save<br /> pity. At any rate he honestly does the work for<br /> which he takes pay, and if he does not object<br /> to letting another get the credit, no third party<br /> need revile him; but what are we to say of the<br /> man who employs him? An instance has recently<br /> come to my knowledge of a poor gentleman, fallen<br /> on evil days, a scholar and a linguist, who for about<br /> £30 did the translation of a long and highly<br /> technical work that bears on its cover the name of<br /> a popular author as the translator. ‘The “ ghost”<br /> did not complain. It was not from him, or with<br /> his knowledge, I heard of this flagrant case. I<br /> believe he had hopes the popular author would<br /> recommend him to publishers to undertake other<br /> translations. How likely! When I read the<br /> favourable comments of the Press on the book in<br /> question, of the skill shown by Mr. So-and-so in<br /> turning it into English, it “makes me tired,” if<br /> you will pardon the Americanism.<br /> <br /> Yours faithfully,<br /> <br /> INCOGNITO. https://historysoa.com/files/original/5/490/1904-02-01-The-Author-14-5.pdfpublications, The Author
491https://historysoa.com/items/show/491The Author, Vol. 14 Issue 06 (March 1904)<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=49&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=%3Cem%3EThe+Author%3C%2Fem%3E%2C+Vol.+14+Issue+06+%28March+1904%29"><em>The Author</em>, Vol. 14 Issue 06 (March 1904)</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>1904-03-01-The-Author-14-6141–168<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=89&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=14">14</a><a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=76&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=1904-03-01">1904-03-01</a>619040301Che Hutbor.<br /> <br /> (The Organ of the Incorporated Society of Authors.<br /> <br /> FOUNDED BY SIR<br /> <br /> Monthly.)<br /> <br /> WALTER BESANT.<br /> <br /> <br /> <br /> <br /> <br /> Vou. XIV.—No. 6.<br /> <br /> TELEPHONE NUMBER :<br /> 374 VICTORIA.<br /> <br /> TELEGRAPHIC ADDRESS :<br /> AUTORIDAD, LONDON.<br /> <br /> ———_—____¢—~&lt;&gt;_-4-<br /> <br /> NOTICES.<br /> <br /> —_1——+—_-<br /> <br /> OR the opinions expressed in papers that are<br /> signed or initialled the authors alone are<br /> responsible. None of the papers or para-<br /> <br /> graphs must be taken as expressing the opinion<br /> of the Committee unless such is especially stated<br /> to be the case.<br /> <br /> Tue Editor begs to inform members of the<br /> Authors’ Society and other readers of The Author<br /> that the cases which are from time to time quoted<br /> in The Author are cases that have come before the<br /> notice or to the knowledge of the Secretary of the<br /> Society, and that those members of the Society<br /> who desire to have the names of the publishers<br /> concerned can obtain them on application.<br /> <br /> — 9<br /> <br /> List of Members.<br /> <br /> Tue List of Members of the Society of Authors<br /> published October, 1902, at the price of 6d., and<br /> the elections from October, 1902, to July, 1903, as<br /> a supplemental list, at the price of 2d., can now be<br /> obtained at the offices of the Society.<br /> <br /> They will be sold to members or associates of<br /> the Society only.<br /> <br /> 4 —_——+——<br /> <br /> The Pension Fund of the Society.<br /> <br /> THE investments of the Pension Fund at<br /> present standing in the names of the Trustees are<br /> as follows.<br /> <br /> Vou. XIV.<br /> <br /> Marcu ist, 1904.<br /> <br /> [PRICE SIXPENCE.<br /> <br /> This is a statement of the actual stock; the<br /> money value can be easily worked out at the current<br /> price of the market :—<br /> <br /> <br /> <br /> COMBOS OR 8 ieee £1000 0 0<br /> Wbocal Loans: 30.0... 500 0 0<br /> Victorian Government 8 % Consoli-<br /> dated Inscribed Stock ............... 291 19 11<br /> War log... ck. 201 9 8<br /> Mota a. £1,995. 9° 2<br /> Subscriptions from October, 1903.<br /> &amp; s. d.<br /> Nov. 13, Longe, Miss Julia . : : 0 5 0<br /> Dec. 16, Trevor, Capt. Philip 5 0<br /> 1904.<br /> Jan. 6, Hills, Mrs. C. H. . : ~ 0-50<br /> Jan. 6, Crommelin, Miss . : . 010 0<br /> Jan. 8, Stevenson, Mrs. M. E. . 2600 50<br /> Jan. 16, Kilmarnock, The Lord . - 0 10 0<br /> Feb. 5, Portman, Lionel . : ~ 120 0<br /> Feb. 11, Shipley, Miss Mary : 7005 0<br /> Donations from October, 1903.<br /> Oct. 27, Sturgis, Julian 4 : . 50 0.0<br /> Nov. 2, Stanton, V.H. . ; — 5°08 0<br /> Novy. 18, Benecke, Miss Ida. 1 0 0<br /> Noy. 23, Harraden, Miss Beatrice ~ 5 0.0<br /> Dec. Miniken, Miss Bertha M. M.. 0 5 0<br /> 1904.<br /> Jan. 4, Moncrieff, A. R. Hope . = 5 0 0<br /> Jan, 4, Middlemas, Miss Jean . . 010 0<br /> Jan. 4, Witherby, The Rev. C. . &lt;0) D0<br /> Jan. 6, Key, The Rev. S. Whittell . 0 5 0O<br /> Jan. 14, Bennett, Rev. W. K.,D.D. . 015 0<br /> Jan. 2, Roe, Mrs. Harcourt : . 010 0<br /> Feb. 11, Delaire, Miss Jeanne . « 010 0<br /> <br /> There are in addition other subscribers who do<br /> not desire that either their names or the amount<br /> they are subscribing should be printed.<br /> <br /> <br /> FROM THE COMMITTEE.<br /> <br /> oo<br /> <br /> HE second meeting of the Committee in 1904<br /> was held on Monday, February Ist, at the<br /> offices of the Society, 39, Old Queen Street,<br /> <br /> Storey’s Gate.<br /> <br /> Mr. Douglas Freshfield was re-elected Chairman<br /> of the Managing Committee, and Mr. A. W. a<br /> Beckett was re-elected Vice-chairman.<br /> <br /> The next business was the election of members<br /> of the Society, and, as in January, the number of<br /> applications was well . maintained—twenty-two<br /> members and associates being elected. The list, as<br /> usual, is printed below.<br /> <br /> It was decided to offer the London County<br /> Council a replica of the Besant Memorial, as the<br /> subscriptions received justified the Committee in<br /> taking this step. The funds in hand do not, how-<br /> ever, cover the whole expense, and the Committee<br /> would be glad to receive further contributions.<br /> <br /> The date of the General Meeting of the Council<br /> (the shareholders of the Society) and of the<br /> members, has been fixed for Wednesday, March<br /> 16th. Notice of the meeting, together with the<br /> report and balance-sheet, will be sent to all<br /> inembers in due course. The place of the meeting<br /> will be the large rooms of the Royal Medical and<br /> Chirurgical Society, 20, Hanover Square, W., and<br /> the time 4 p.m., precisely.<br /> <br /> Mr. Percy White and Mr. E. W. Hornung were<br /> elected members of the Council of the Society of<br /> Authors, and subsequently members of the Com-<br /> mittee, to fill the places left vacant by the resigna-<br /> tion of Sir Gilbert Parker and Sir Arthur Conan<br /> Doyle.<br /> <br /> ‘There is no need to set forth the literary claims<br /> of the two new members of the Council. Both<br /> have, for many years, taken great interest in the<br /> Society’s work, and the fact that they live in<br /> London will enable them to attend the meetings of<br /> the Committee. This is a qualification which<br /> limits the Committee’s choice. Many writers, well<br /> known in the literary world, and most eligible<br /> otherwise as members of the Committee, are pre-<br /> vented from serving owing to the fact that, living<br /> in the country, they would be unable to attend its<br /> frequent meetings.<br /> <br /> V&#039;he date of the Annual Dinner of the Society<br /> has also been settled. It will take place on<br /> Wednesday, April 20th, at the Hotel Cecil. Ac-<br /> <br /> cording to the rule in force, the Chairman of the<br /> Committee, Mr. Douglas Freshfield, will again take<br /> the chair on that occasion.<br /> <br /> The question of the sale by street hawkers of Mr.<br /> Rudyard Kipling’s “ Barrack Room Ballads” at<br /> 1d. and 2d. a copy, was brought before the Com-<br /> mittee, and they decided to take such steps as they<br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> might be advised were possible and expedient, in<br /> order to stop piracy of this kind.<br /> <br /> A case against an American publisher was con-<br /> sidered. The Secretary, on the Committee’s in-<br /> structions, has written to the Society’s agents in<br /> the United States to obtain a legal opinion on the<br /> exact position.<br /> <br /> The Committee desire to record the fact that<br /> one of the plaintiffs in the action that was taken<br /> to the House of Lords, has contributed a sub-<br /> stantial sum towards the costs incurred by the<br /> Society.<br /> <br /> a<br /> <br /> Cases.<br /> <br /> During the past month thirteen cases have been<br /> taken in hand by the Secretary.<br /> <br /> Of these seven have been settled satisfactorily,<br /> the remainder are still incomplete.<br /> <br /> The nature of the cases was as follows :—<br /> <br /> One, infringement of copyright ; one, infringe-<br /> ment of title ; three, lost MSS. ; three, accounts ;<br /> three, money and accounts; two, money.<br /> <br /> Of the cases left open from last month there is<br /> only one still unsettled. This will be completed<br /> in the course of a few days.<br /> <br /> +<br /> <br /> February Elections,<br /> <br /> The Hon. 9, Little College Street,<br /> S.W.<br /> <br /> 49, Ashworth Mansions,<br /> Elgin Avenue, W.<br /> Trusley Manor, Trusley,<br /> <br /> Derby.<br /> <br /> Kingsley Hotel, Hart<br /> Street, Bloomsbury,<br /> W.C.<br /> <br /> Putford Rectory, North<br /> Devon.<br /> <br /> Rosenhein, Guernsey.<br /> <br /> Moor Garth, Lkley.<br /> <br /> 79, Truro Road, Wood<br /> <br /> Anstruther,<br /> Mrs.<br /> <br /> Burroughes, Miss R.<br /> <br /> Coke, Desmond F. T.<br /> <br /> Geil, W. E.<br /> <br /> Gratrex, J. J.<br /> <br /> Henderson, Miss M.<br /> Hering, Henry A. .<br /> Hinson, Mrs. Mary<br /> <br /> Green.<br /> <br /> Hodgson, W. Hope Park Mount, Revidge,<br /> Blackburn.<br /> <br /> Jones, Miss E. H. . Hotel D’Itali, Mont<br /> <br /> Estoril, Portugal.<br /> <br /> Lacey, The Rev. T. A. 8, Park House Road,<br /> <br /> Highgate.<br /> Malcolm, Ian, M.P. Kentford lodge,<br /> Wadham Gardens,<br /> S. Hampstead.<br /> Malcolm, Mrs. Ian, Kentford Lodge,<br /> <br /> “ Jeanne Malcolm.” S. Hampstead, N.W.<br /> <br /> Power, A. D.. ‘ ‘<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> 6, Onslow Studios, 183,<br /> King’s Road, Chelsea.<br /> <br /> Avon Cottage, Dews-<br /> bury, Yorks.<br /> <br /> Shiel, M. P. . 2 . 7, Medina Mansions,<br /> Gt. Titchfield Street,<br /> Wo<br /> <br /> South Wold, Suffolk.<br /> <br /> Kenilworth House, St.<br /> <br /> &quot; Andrews, N.B.<br /> <br /> 47, St. Leonards Road,<br /> Hove, Sussex.<br /> <br /> Langdale House, Park<br /> Town, Oxford.<br /> <br /> Reynolds, Frank<br /> Saintsbury, H. A. .<br /> <br /> Shipley, Miss Mary E.<br /> Watson, Gilbert<br /> <br /> Wooton, BE. L.<br /> Wright, Joseph, Ph.D.<br /> <br /> —_____+—» + —___<br /> <br /> OUR BOOK AND PLAY TALK.<br /> ——+<br /> <br /> R. J. Beattie Crozier is at present engaged<br /> on Vol. IV. of his “ History of Intellectual<br /> Development.” He hopes to have it ready<br /> <br /> for publication some time this year. Mr. Crozier<br /> has in hand an article for the Fortnightly Review<br /> entitled “Some Unused Political Assets.”<br /> <br /> Mr. Sidney Lee’s “Life of Queen Victoria” is<br /> now issued by Messrs. Smith, Elder &amp; Co. in a<br /> cheap edition. Its price is 6s.<br /> <br /> Madame Sarah Grand is at work upon a short<br /> novel, a play, and a new lecture.<br /> <br /> His Majesty the King has graciously accepted<br /> a copy of Mr. F. Stroud’s book for the royal<br /> library at Windsor Castle. The title of the book<br /> is “The Judicial Dictionary or Interpreter of<br /> Words and Phrases by the British Judges and<br /> Parliament.”<br /> <br /> Messrs. F. V. White will shortly publish a new<br /> novel by Miss Gertrude Warden. It isa study of<br /> the temperaments of two cousins. The opening<br /> scenes are laid in Venice.<br /> <br /> We understand that Dr. H. Bellsyse Baildon,<br /> of University College, Dundee (author of “ Robert<br /> Louis Stevenson: a Life-Study in Criticism,”<br /> and other works), has been working during last<br /> summer on an edition of “ Titus Andronicus”<br /> for the “ Arden Shakespeare ” of Messrs. Methuen<br /> &amp; Co. In his introduction Dr. Baildon goes<br /> thoroughly into the much-disputed question of<br /> authorship of this tragedy, and comes to the<br /> conclusion that the play is, to all intents and<br /> purposes, Shakespeare’s. This conclusion, if correct,<br /> has an important bearing, not only on the author-<br /> ship of the earlier plays attributed to Shakespeare,<br /> but on the Baconian and other anti-Shakesperian<br /> theories in general.<br /> <br /> Miss A. Maynard Butler’s book “The First Year<br /> of Responsibility,” which was published last<br /> <br /> 143<br /> <br /> September, to which the Master of Trinity College,<br /> Cambridge, contributed an introduction, is now<br /> going into a third edition.<br /> <br /> “he Cardinal’s Pawn,” K. L. Montgomery’s<br /> novel, was issued the other day by Messrs. F,<br /> Fisher Unwin-in their First Novel Series. The<br /> action of the story moves principally in Venice,<br /> and centres round Capelli and Medici intrigues<br /> concerning Bianca Capelli and her struggle for the<br /> crown of a Grand-Duchess of Florence.<br /> <br /> “Rita’s” articles on the “Sin and Sunday of<br /> the Smart Set”? have now been published in book-<br /> form. A special copy has been accepted by H. M.<br /> the Queen.<br /> <br /> “The Trackless Way,” just published by Mr.<br /> Brimley Johnson, is the third of the four books<br /> in which Mrs. Rentoul Esler continues to treat of<br /> the pivot on which individual history turns.<br /> “The Way of Transgressors” dealt with love of<br /> the lover, “The Wardlaws” with love of the<br /> family, ‘The Trackless Way ” deals with love of<br /> the race. When the fourth volume is ready for<br /> publication the set will be issued in uniform<br /> binding. The sub-title of “The Trackless Way”<br /> is “The Story of a Man’s Quest of God.”<br /> <br /> Mr. John Long will publish shortly Mrs. Aylmer<br /> Gowing’s new novel, “A King’s Desire,” which<br /> describes how Prince Conrad, born and bred an<br /> Englishman, owing to a separation between his<br /> parents, succeeds to a throne in Germany. ‘The<br /> young King has left behind him Elfrida Fountaine,<br /> a county heiress, whom he is bent on marrying.<br /> Etiquette and precedent, as represented by an all-<br /> powerful Minister, combine to cross “A King’s<br /> Desire,” together with a revengeful woman, an<br /> accomplice of the Anarchists, by whose aid her<br /> designs are all but carried through.<br /> <br /> The S.P.C.K. is bringing out a book for children<br /> called “ Peterkin and His Brother.” It is written<br /> by Miss E. M. Green, authoress of “ The Child of<br /> the Caravan,” “The Cape Cousins,” etc., etc.<br /> <br /> In his book, “ Omnibuses and Cabs: Their<br /> Origin and History,” Mr. Henry Charles Moore<br /> urged the local authorities to remove the name<br /> “ Regent Circus” from Oxford Circus—the circus<br /> at the intersection of Oxford Street and Regent<br /> Strect. He gave strong reasons for its removal,<br /> and the London County Council has now called<br /> the Marylebone Borough Council’s attention to the<br /> matter, with the result that the latter body has<br /> decided to remove the name. “Omnibuses and<br /> Cabs” has been quoted several times before the<br /> London Traffic Commission now sitting.<br /> <br /> Messrs. Seeley and Co. have just published a<br /> new story by Miss Beatrice Marshall. It is a tale<br /> of London life in the seventeenth century, and<br /> is entitled “An Old London Nosegay, Gathered<br /> from the Day-book of Mistress Lovejoy Young,<br /> <br /> <br /> 144<br /> <br /> Kinswoman by Marriage of the Lady Fanshaw.”<br /> It is illustrated, and the price is 5/-.<br /> <br /> Mr. Grant Richards has just published Volume I.<br /> of “The Twentieth Century Dog,” by Herbert<br /> Compton. The first volume treats of the Non-<br /> Sporting Dog. : :<br /> <br /> Mrs. Philip Champion de Crespigny is engaged<br /> on a novel which she hopes to have ready by the<br /> spring. It is a story of the time of George I., and<br /> the scene is laid in both town and country. The<br /> heroine is one of the Princess of Wales’ Maids of<br /> Honour.<br /> <br /> Mr. G. Bernard Shaw has issued, through<br /> Messrs. Constable and Co., a volume entitled “ The<br /> Common Sense of Municipal Trading.” It consists<br /> of a preface and twelve chapters, dealing with such<br /> subjects as, ‘The Commercial Success of Municipal<br /> Trading,” “Commercial and Municipal Prices,”<br /> “ Difficulties of Municipal Trading,” ‘ Electrical<br /> Enterprise,” and “‘ The Housing Question.”<br /> <br /> Miss Ellen Collette is about to make arrange-<br /> ments for a copyright performance of a three-act<br /> cantata playette. The music is by Miss Natalie<br /> Davenport, daughter of the authority on harmony.<br /> In addition to the playette, Miss Collette has<br /> written a good many lyrics.<br /> <br /> Two lectures were delivered last month by pro-<br /> minent members of the Society. On the evening<br /> of February 6th, the Poet Laureate lectured at the<br /> Royal Institution on “The Growing Dislike for<br /> the Higher Kinds of Poetry.” The Duke of<br /> Northumberland was in the chair, and the audience<br /> was a largeone. On the afternoon of February 9th,<br /> Mr. Edmund Gosse delivered a lecture on “The<br /> Influence of French Literature on English Poetry ”<br /> in the hall of the Geographical Society, Paris. The<br /> subject of the lecture was suggested to Mr. Gosse<br /> by M. Brunetiére, M. Edouard Rod, and M.<br /> Gaston Deschamps on behalf of the Société des<br /> Conférences.<br /> <br /> We must congratulate Mr. Gosse on his appoint-<br /> ment to the office of Librarian to the House of<br /> Lords.<br /> <br /> The third volume of Mr. Andrew Lang’s<br /> “ History of Scotland from the Roman Occupation”<br /> (Blackwood), covers the period from the death of<br /> James VI. to the death of Dundee. Mr. Lang<br /> examines the forces which went to the making of<br /> the Scottish folk. He also sketches the life and<br /> manners of each period.<br /> <br /> A romance by Jean Delaire, the author of “A<br /> Dream of Fame,” will be brought out this month<br /> by Mr. John Long, under the title of “ Around a<br /> Distant Star.”<br /> <br /> Another romance by Jean Delaire (founded on<br /> pre-medizeval French history), is at present appear-<br /> ing serially in Womanhood under the title of<br /> “Waldrada the Fair.”<br /> <br /> THE AUTHOR.<br /> <br /> Mr. Somerset Maugham’s play, “A Man of<br /> Honour,” was produced at the Avenue Theatre<br /> on the evening of February 18th. A year ago<br /> this piece was produced by the Stage Society.<br /> Since then Mr. Maugham has re-written the last<br /> <br /> act.<br /> 4 =~ tt<br /> <br /> PARIS NOTES.<br /> a<br /> MONG the new books are “Les Petites<br /> A Provinciales,” by M. Gabriel Trarieux ;<br /> “T’Kcole des Rois,” by M. Reepmaker ;<br /> ‘“‘ Fantome de Terre-Neuve,” by M. Léon Berthaut;<br /> “ Sceur Alexandrine,” by M. Champol.<br /> <br /> “ Cagliostro,” by M. Henri d’Alméras, is a<br /> biography as interesting as any novel. The diffi-<br /> culty in writing about this famous personage is not<br /> that historical documents with regard to him are<br /> wanting, but that they are too numerous, and it<br /> requires a great amount of time and patience to<br /> discover which are true and which are false.<br /> <br /> “ La Vie et les Livres,” by M. Gaston Deschamps,<br /> is a volume containing many of the articles<br /> published by the author in Le Temps. He<br /> divides the articles into three series, “Cycle de<br /> Napoléon,” “ Cycle de Ja Guerre,” and “ Exotisme<br /> Colonial et Pittoresque.”<br /> <br /> “La Russie Economique,’ by M. A. Anspach,<br /> comes at an opportune moment. The author evi-<br /> dently knows his subject well, but this is not<br /> to be wondered at, as he has lived in Russia for<br /> twenty-seven years.<br /> <br /> Among the translations are “ L’Idéal Américain”<br /> by Roosevelt, translated by A. &amp; E. de Rousiers;<br /> and “Ta Merveilleuse Visite” by H. G. Wells,<br /> translated by M. Barron.<br /> <br /> Few serial writers have as much encouragement<br /> as the author of the “ Mystéres de Paris.” Eugéne<br /> Sue, whose centenary has just passed, received six<br /> hundred letters from readers of his famous serial,<br /> while it was running in the paper.<br /> <br /> Some of the principal articles in recent numbers<br /> of the Reviews are ‘Vers Ispahan,” by Pierre<br /> Loti; “Revue des Deux Mondes;” ‘“ L’Art<br /> Francais 1 Rome,” by M. Bertrand ; ‘“‘ Le Théatre<br /> de M. G. d’Annunzio,” by M. Dornis ; “ La Corée,”<br /> by M. Villetard de Laguérie.<br /> <br /> In the Revue de Paris there is an article on<br /> “La Question du Radium” by M. Marcel Magnan,<br /> and one by M. Victor Bérard on “ Lord Curzon et<br /> le Tibet.”” Madame Marie Anne de Bovet continues<br /> her serial, “ Ame d’Argile.”?<br /> <br /> In the Renaissance Latine, “ Le Trans-<br /> formisme de Spencer,” by M. Frédéric Houssay ;<br /> “ Walden ou la Vie dans les Bois,” by Henri-David<br /> Thoreau ; “ Le Dualisme Austro-Hongrois,” by M.<br /> Albert.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> In La Revue des Idées, “Le Radium et la<br /> Radio-Activité de la Matiére,” by Dr. Georges<br /> Bohn ; “La Valeur Scientifique de l’ceuvre de<br /> Renan,” by M. Vernes.<br /> <br /> In the Weekly Critical Review “ The Need of a<br /> Minister of Shipping,” by Arthur Bles.<br /> <br /> There is also an article in this review which is<br /> causing much discussion in Paris. It is written<br /> by M. A. Mariotte, and is an attempt to prove<br /> that the picture known as Raphael’s “ Belle<br /> Jardinitre” in the Louvre Museum is not an<br /> authentic painting by the great master.<br /> <br /> La Revue is continuing its “ Enquéte sur le<br /> Patriotisme devant les sentiments internationaux.”<br /> The opinions are given of M.M. Déroulede,<br /> Deschanel, Dion, Estournelles de Constant, Lock-<br /> roy, Haeckel, Franz Kossuth, Lombroso, Maeter-<br /> linck, Nordau, Lord Avebury, and others.<br /> <br /> In Le Carnet is an excellent article on ‘“‘ Barbey<br /> d’ Aurévilly,” by M. Louis Sonolet.<br /> <br /> The discovery of M. and Mme. Curie is responsible<br /> for the floating of a new monthly paper devoted to<br /> the news of radium in all parts of the world.<br /> <br /> M. Curie gave a lecture on the 18th of February,<br /> at the Sorbonne. He made various experiments<br /> and gave some very interesting details with regard<br /> to radium as an electrophage.<br /> <br /> Mr. Edmund Gosse, who was invited by the<br /> Société des Conférences to lecture here, chose for<br /> his subject “The Influence of French Literature<br /> on English Poetry.”<br /> <br /> After the lecture a banquet was given by the<br /> Société in honour of Mr. Gosse. M. Faguet pre-<br /> sided and M. Marcel Schwob, and M. René Doumic,<br /> spoke. Among the guests were M.M. de Herédia,<br /> Rodin, Maeterlinck, Verhaeren, Davray, Dumur,<br /> Uzanne, Mr. Barnard, Mr. Heinemann and Mr.<br /> Stanton.<br /> <br /> M. Porel has at last produced the much dis-<br /> cussed play by M. A. Guinon, entitled “ Decadence.”<br /> The subject of this piece is very much the same as<br /> that of “ Retour de Jérusalem,” and is based on the<br /> idea of the impossibility of Jewish and Christian<br /> marriages. In ‘“Décadence” the situations are<br /> reversed; the bride is the daughter of a French<br /> aristocrat of the profligate type, and the man she<br /> marries a wealthy Jew.<br /> <br /> The general opinion seems to be that the author<br /> of the play has exaggerated the vices of the types<br /> he has taken to such a degree as to make them<br /> untrue to life.<br /> <br /> The French aristocrat, his daughter and her<br /> friends all behave in such an extraordinary way<br /> that one wonders where such types of the aristo-<br /> eracy are to be found.<br /> <br /> In a remarkably fine article by M. Leon Daudet<br /> on this subject, we learn that M. Guinon lives a<br /> great part of the year away from his fellow creatures<br /> <br /> 145<br /> <br /> in the solitude of the country. “A quiconque<br /> veut chatier le monde” writes M. Daudet, “je<br /> déclare : ‘Sois mondain et sache ce dont tu parles,<br /> Fréquente et observe les milieux.’”’ Further on, he<br /> adds : ‘‘ Les types les plus caractérisés de décadence,<br /> si l’on se donnait la peine de les rechercher, se<br /> découvriraient, sans doute, parmi les parvenus.”<br /> The piece will probably have a certain amount of<br /> success, as it is daring, cleverly written, and, of<br /> course, well staged.<br /> <br /> After ‘Monsieur Betsy,’ in which Madame<br /> Réjane has been appearing, the Variétés is re-<br /> producing ‘‘La Boule,” by M.M. Henri Meilhac<br /> and Ludovic Halévy.<br /> <br /> London used to have a French theatre giving<br /> representations at stated times every year. It was<br /> under the direction successively of M.M. Raphael,<br /> Felix, Valnoy, and, until his death just recently,<br /> of M. Mayer. Madame Sarah Bernhardt’s London<br /> performances were given under the direction of<br /> M. Mayer, who was a most able impressario.<br /> <br /> On the 7th of March the Avenue Theatre is to<br /> give a series of French plays under the direction of<br /> M. Victor Silvestre.<br /> <br /> Some interesting cases with regard to authors’<br /> rights are now being tried here.<br /> <br /> M. Rouff, a publisher, made arrangements some<br /> years ago with M.M. Théodore Cahu, Pierre<br /> Decourcelle, Demesse, Mario, Mary and others,<br /> for the publication of a certain number of works<br /> by these authors.<br /> <br /> At present this publisher is-bringing out a<br /> periodical, Les Grands Romanciers, in which he is<br /> republishing some of these works and advertising<br /> the others as the next ones for his paper.<br /> <br /> The Société des Gens de Lettres, in its own<br /> interests and in the interests of the authors in<br /> question, has brought a case against M. Rouff,<br /> claiming that the novels were not sold for publica-<br /> tion in a journal.<br /> <br /> M. Mario will next bring a case against M. Routf<br /> for advertising in his paper the forthcoming pub-<br /> lication of “the works of M. Mario,” as this gives<br /> the idea that M. Rouff has the sole right of pub-<br /> lication of this author’s novels. M. Mario. will<br /> demand a contradiction of this in the Parisian and<br /> provincial papers, as the circulation of the first<br /> numbers of M. Rouff’s Grands Romanciers was<br /> 1,800,000.<br /> <br /> These two cases are to be followed by others.<br /> <br /> The Société des Gens de Lettres is, from a finan-<br /> cial point of view, specially interested in this matter,<br /> as a certain commission is paid to the Société by<br /> authors whose works are reproduced in newspapers<br /> and magazines.<br /> <br /> French daily papers publish either one or<br /> two serial stories in every number, and the<br /> weekly papers, fashion journals, and many other<br /> <br /> &gt;<br /> <br /> <br /> 146<br /> <br /> publications, give a supplement containing a serial.<br /> Very much of this fiction is reproduction. One of the<br /> more important daily papers publishes an author’s<br /> work in the first instance, the author retaining all<br /> his rights, except this first serial use of his story.<br /> He then announces in the paper issued twice a<br /> month by the Société des Gens de Lettres, that this<br /> novel “may be reproduced by all papers having a<br /> treaty with the Société.”<br /> <br /> There are at present over thirteen hundred news-<br /> papers which have signed a contract with the Society.<br /> By this contract they engage to use annually repro-<br /> ductions of work by members of the Society to a<br /> given amount, paying the same sum per line to all<br /> authors and supplying the Society with a copy of<br /> their journal containing these reproductions. At<br /> stated times the accounts are made out, a com-<br /> mission is deducted by the Society, and the author<br /> has no trouble with his financial affairs for the<br /> reproduction of his stories, except to call at the<br /> offices of the Society and receive the money that is<br /> awaiting him. When he publishes his novel for<br /> the first time in serial form, he usually stipulates<br /> that a certain number of the corrected proof sheets<br /> be supplied to him. As the Society does not under-<br /> take to furnish the journals with the copy, the<br /> author must attend to this himself.<br /> <br /> By this scheme the Société des Gens de Lettres<br /> is a sort of huge co-operative society or syndicate,<br /> and there can be no partiality shown to any<br /> members, as the Society very wisely refrains from<br /> sending out copy.<br /> <br /> Newspaper editors having a contract with the<br /> Society, can write to any authors for stories they<br /> may wish to read, or the author can find out suit-<br /> able papers for his work and send it in himself.<br /> He may be sure, though, that if a story of his<br /> should be used in a dozen different papers, he will<br /> receive a dozen payments for it, less the commission<br /> deducted by the Société des Gens de Lettres for<br /> secretarial work.<br /> <br /> The number of journals having a contract<br /> with the Society is steadily increasing year by year.<br /> . there were 1051; at present there are<br /> <br /> The system is extremely simple for all parties<br /> concerned. Editors who have a contract with the<br /> Society pay a deposit which covers, I believe, their<br /> three or six months’ account, and this is held as a<br /> security as long as their contract exists.<br /> <br /> As publishing syndicates appear to be making<br /> such enormous profits in England, could the<br /> Society of Authors not help its members to form a<br /> syndicate on the same lines as that of the Société<br /> des Gens de Lettres ?<br /> <br /> There is a similar institution in connection with<br /> the Société des Auteurs Dramatiques here. The<br /> author’s rights are paid into that Society so that<br /> <br /> THE AUTHOR.<br /> <br /> financial questions do not hamper the French<br /> author in the same way as they do his English<br /> confrere. Auys HaLuarD.<br /> <br /> Oo<br /> <br /> LITERARY, DRAMATIC, AND MUSICAL<br /> PROPERTY.<br /> <br /> ae aT.<br /> United States Copyright in Books of Compilation,<br /> T was held lately by Judge Lacombe, of the<br /> I United States Circuit Court, in the case of the<br /> Colliery Engineering Company against Fred<br /> W. Ewald and others, that the owner of the copyright<br /> in a school book, a law digest, a dictionary, a gazet-<br /> teer, business or social directory, or any book which<br /> is not a work of creative or imaginative literature,<br /> cannot prevent a subsequent writer upon the same<br /> subject from comparing the copyrighted work with<br /> the original sources, eliminating therefrom all that<br /> was not copied from such sources and then repub-<br /> lishing the rest of the book. While Judge Lacombe<br /> thinks this rule a harsh one, he feels constrained<br /> to follow it, inasmuch as a recent decision of the<br /> Circuit Court of Appeals seems to sanction the<br /> principle involved. Judge Lacombe gives the<br /> following hypothetical case to show that the rule<br /> may at times produce inequitable results: A., we<br /> may assume, prepares an entirely new classified<br /> business directory of the city of New York, wholly<br /> from original investigation, and publishes the same.<br /> The undertaking is an enormous one, and can be<br /> accomplished only by the employment of hundreds<br /> of men at the cost of thousands of dollars. B.<br /> undertakes thereafter to publish a directory of all<br /> the architects in New York City. To cull their<br /> names out of the world of business activity in such<br /> a hive of industry as this by original research<br /> would be a task nearly as difficult and costly as<br /> the one A. undertook. But if the defendant could<br /> take only the list of architects found in A.’s book<br /> and then visit the places named therein to “see<br /> whether the existing facts concur with the descrip-<br /> tion,” retaining the name, address, names of<br /> partners, etc., where such occurrence was found<br /> and striking them out where death, removal, or<br /> withdrawal from business had eliminated them,<br /> B. could prepare a “Directory of Architects in<br /> New York City” at a mere trifling expenditure,<br /> because A. had already done the work which B,<br /> thus appropriated.<br /> <br /> This decision is contrary to that established<br /> in the English Courts, and if confirmed by the<br /> highest Courts in the States, would make the pro-<br /> duction of Directories a labour of love only. It<br /> would seem, therefore, in the land of the almighty<br /> dollar that the producer of Directories must cease<br /> to exist or be a millionaire philanthropist.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> be paragraphed during the week make it impossible<br /> for the reviewer to obtain more than a superficial<br /> <br /> Serial Rights.<br /> <br /> A member of the Society has sent to the<br /> office the following form of agreement which he<br /> has received from the editor of a well-known<br /> <br /> paper :—<br /> “To<br /> “The Editor of has considered the MS. entitled<br /> ss ” submitted by you, and is willing to pay you the<br /> sum of per thousand words for rights. If you<br /> accept this offer a cheque will be sent you on publication ;<br /> if you do not the contribution will be returned. Kindly<br /> state Yes or No, and post this form in the accompanying<br /> envelope.<br /> Reply<br /> Name<br /> Address<br /> <br /> If the amount per thousand words is fair and<br /> the rights the author is asked to convey are not<br /> _ too large, then the arrangement would be eminently<br /> satisfactory, but for one striking exception, namely,<br /> “the cheque will be sent on publication.” This is<br /> much too indefinite, and every editor ought to<br /> arrange to fix a definite date on which the<br /> money must be paid should publication not have<br /> preceded it. It is possible that the financial side<br /> of the contract as it stands could be enforced,<br /> owing to the fact that the Courts would consider<br /> that publication must take place within a reasonable<br /> time ; eer and editors do not desire to have<br /> the troubfe and worry of an action ; and finality<br /> in a contract should always be obtained prior to<br /> execution.<br /> <br /> With these exceptions the contract is by no<br /> means unsatisfactory.<br /> <br /> Any method under which the contract is clearly<br /> set fortin before the work is set up in type must be<br /> better than the system so often referred to, and<br /> exposed in Zhe Author, by which no acceptance of<br /> a MS. is given, and no communication made with<br /> the author until he receives a cheque, the endorse-<br /> ment of which purports to be a conveyance of the<br /> copyright.<br /> <br /> The author should, however, remember, on<br /> returning this present form of contract, to keep<br /> an accurate copy of it, as the editor does not as a<br /> rule send it in duplicate. he author’s copy would,<br /> in the absence of primary evidence, be sufficient<br /> to establish the terms that existed.<br /> <br /> Ethics of Reviewing.<br /> <br /> THE vagaries and errors of modern book re-<br /> viewers—we can hardly call them critics—ar\<br /> constantly before the minds of those members oi<br /> <br /> the society whose works come under their ken,’<br /> <br /> In many cases the number of books which have to<br /> <br /> knowledge.<br /> <br /> 147<br /> <br /> The tendency therefore, is to praise<br /> <br /> the book rather than to decry it—whether the<br /> reviewer is justified or not—as praise will bring<br /> no evil consequences, but blame may lead the<br /> author to commence an action for libel.<br /> <br /> In the case about to be quoted there are some<br /> <br /> curious misstatements<br /> <br /> of facts.<br /> <br /> The<br /> <br /> review<br /> <br /> appeared in a well-known Scottish newspaper.<br /> <br /> STATEMENT BY THE<br /> REVIEWER;<br /> <br /> 1. A young man_ goes<br /> abroad to California and<br /> is seen making his way out<br /> there, haunted, however, by<br /> home sickness and so indig-<br /> nant when he learns that he<br /> has at home been given out<br /> for dead that he throws<br /> himself in a sort of religious<br /> agony under the protection<br /> of a Spanish padre.<br /> <br /> 2. The young man had<br /> been married before he went<br /> away, and though his wife<br /> has died she has left a son.<br /> <br /> 3. The tracing out of this<br /> connection accompanied by<br /> the remorse of the Marquis<br /> and the dreams in distant<br /> lands by which the Son’s<br /> existence is suggested to his<br /> Father forms the business<br /> of the latter part of the tale.<br /> Its end is likely to be long<br /> anticipated by an experi-<br /> enced reader.<br /> <br /> ACTUAL FACTS,<br /> <br /> The young man never<br /> exhibits the slightest symp-<br /> ton of home sickness, never<br /> throws himself in a religious<br /> agony under the protection<br /> of a Spanish padre, never<br /> indulges in the remotest<br /> approach either to a reli-<br /> gious agony or religious<br /> emotion of any kind.<br /> <br /> The young man had not<br /> been married when he went<br /> away, nor was he married<br /> until nearly eleven years<br /> later, and, in consequence,<br /> no child was born at that<br /> period.<br /> <br /> There are no dreams, and<br /> the one narrated is dreamed<br /> hy the sox, and naturally<br /> contains no suggestion of<br /> the son’s existence, but is<br /> indeed a revelation of the<br /> Father’s desire to welcome<br /> the son’s return.<br /> <br /> Curiously enough, the same book has received<br /> another review containing some misstatements, in<br /> the columns of a religious paper. In the latter<br /> case, however, the Editor has, after a letter of<br /> remonstrance from the author, confessed his errors,<br /> and at the end of the paragraph says: “Our<br /> reviewer owns up to the fact that he read the<br /> later chapters rather hurriedly, and trusted over-<br /> much to an uncertain memory in summarising his<br /> impressions,” and proceeds : ‘‘ The story is original<br /> and romantic. It would have gained, however, by<br /> some compression.”<br /> <br /> The Editor of the religious paper must be com-<br /> plimented on his Christian spirit and his frank<br /> acknowledgment.<br /> <br /> General experience tends to show that, as a rule,<br /> the author or contributor is completely at the<br /> mercy of the editorial pen.<br /> <br /> It is essential for a good Editor to be full of<br /> Christian charity, especially when he is in the<br /> wrong. :<br /> <br /> <br /> 148<br /> <br /> MR. “ABSOLUTE’S” AGREEMENT.<br /> <br /> ———+—<br /> <br /> AGREEMENT made this day of BETWEEN<br /> <br /> of (hereinafter called the AUTHOR) of the<br /> <br /> one part and of (hereinafter called the<br /> <br /> PUBLISHER) of the other part, WHEREBY it is agreed as<br /> follows :—<br /> <br /> 1. The PUBLISHER agrees to purchase and the AUTHOR<br /> agrees to sell the entire copyright, without any reserve, in<br /> the United Kingdom and all other parts of the world, of a<br /> work entitled , the completed manuscript executed<br /> in a proper manner of which the AUTHOR has delivered to<br /> the PUBLISHER, and all future editions thereof in considera-<br /> tion of the following payments, viz. :<br /> <br /> A royalty of on the published price of all copies<br /> sold up to 3000, a royalty of after 3000 (this last<br /> increase only taking place as long as the book is not<br /> reduced in price lower than 6s. and as long as 500 copies<br /> are sold in each year).<br /> <br /> 2. The PUBLISHER will according to his own judgment<br /> and in such a manner as in his unfettered discretion he may<br /> consider advisable at his own cost print and publish a first<br /> edition of the said work, and further editions if in his judg-<br /> ment further editions are required, and in his absolute<br /> discretion advertise the same, and shall determine all<br /> details and in his absolute discretion make all arrangements<br /> of and incidental to the printing, publishing, advertising,<br /> sale price, and reviewing of the said work.<br /> <br /> 3. The PUBLISHER shall in his absolute discretion have<br /> the right to sell, exchange, assign, or otherwise dispose of<br /> all and every right of publication or of translation of the<br /> said work on any terms and for any period and either<br /> wholly or partially or exclusively or otherwise as he shall<br /> think expedient for the colonies and foreign countries, and<br /> an amount equivalent to 50 per cent. of the net profits<br /> realised and actually received by the PUBLISHER shall be<br /> paid to the AUTHOR.<br /> <br /> 4. If the PUBLISHER shall sell an edition (or such number<br /> of copies as may be fixed on by the PUBLISHER in his own<br /> absolute discretion as constituting an edition for the purpose<br /> of this clause) to a publisher or bookseller in the United<br /> States of America, the provision as to royalties in clause 1<br /> hereof provided shall not apply, but the AUTHOR shall be<br /> paid a royalty equivalent to one half the royalty that would<br /> be paid were the copies in question sold to the English<br /> trade.<br /> <br /> 5. If the said work shall be included in any edition of<br /> works published in England for exclusive sale in any<br /> colony, the royalty shall be 2d. on each copy sold.<br /> <br /> 6. The PUBLISHER may, in his absolute discretion, sell,<br /> exchange, assign, or otherwise dispose of the remainder of<br /> any edition at remainder prices, and the AUTHOR shall not<br /> be entitled to any royalty in respect thereof, but shall in<br /> lieu thereof be entitled to a payment equivalent to 5 per<br /> cent. of the net profit realised by such sale and actually<br /> received by the PUBLISHER.<br /> <br /> 7. The AUTHOR shall revise and return for press with all<br /> reasonable speed the proof sheets of the work so that the<br /> same may be printed without interruption.<br /> <br /> 8. If the printer’s charges for author&#039;s corrections of the<br /> first or any other edition of thesaid work exceed an average<br /> of 6s. per sheet of thirty-two pages, the excess shall be<br /> repaid to the PUBLISHER by the AUTHOR and may be<br /> deducted from royalties due or to become due hereunder or<br /> from any moneys held by the PUBLISHER on account of the<br /> AUTHOR.<br /> <br /> 9. The AUTHOR shall revise with all possible despatch<br /> any new edition of the said work and correct the proots and<br /> otherwise assist as may be required by the PUBLISHER.<br /> <br /> 10. The AUTHOR shall not write or publish, either<br /> <br /> THE AUTHOR.<br /> <br /> ‘it for the benefit of members.<br /> <br /> directly or indirectly, any other work on the same subject<br /> of such a kind that the sale of the work shall bein any way<br /> prejudicially affected, and should he write another work on<br /> the same or cognate subjects he shall in the first instance<br /> give the PuBLISHER the right to acquire the work by’<br /> purchase or otherwise as may be arranged.<br /> <br /> 11. This agreement is entered into by the PUBLISHER on<br /> the warranty by the AUTHOR that the said work does not<br /> infringe any copyright, and that the said work does not<br /> contain anything of a libellous nature. If the said work<br /> does contain anything constituting or alleged to constitute’<br /> a breach of such warranty, and proceedings are threatened<br /> or brought for any alleged infringement of copyright or for<br /> any alleged libel, and it is deemed advisable by the PUB-<br /> LISHER in his absolute discretion not to contest the matter<br /> but to arrive at a settlement thereof, or if the action is<br /> successfully contested, then and in every case the AUTHOR<br /> shall pay in advance to the PUBLISHER a sufficient sum to<br /> cover the estimated costs of the PUBLISHER in defending<br /> such action or threatened proceedings, and shall at the same<br /> time give to the PUBLISHER security satisfactory to him to<br /> indemnify him against any damage awarded in such action,<br /> and shall on demand repay to the PUBLISHER all costs {as<br /> between solicitor and client), damages, and expenses<br /> incurred by the PUBLISHER in respect of or resulting from<br /> or incidental to the publication, advertisement, withdrawal<br /> of, and other dealings with the said work, to the effect that<br /> the PUBLISHER shall have full and complete indemnity<br /> from the AUTHOR in respect of all out of pocket expenses<br /> in connection with the said work.<br /> <br /> 12, The PUBLISHER shall keep proper books of accounts.<br /> showing the number of copies of the said work sold, and<br /> <br /> also accounts showing the sales up to the 30th day of June’<br /> <br /> and the 31st day of December in every year, as far as can<br /> be accurately ascertained, shall be delivered to the AUTHOR.<br /> as soon as practicable after these respective dates, and the<br /> royalties due and payable shall be paid not 1 than the<br /> ensuing 30th day of November and the 31st day of May<br /> respectively in every year, and in estimating such royalties<br /> thirteen copies of the said work shall be counted as twelve.<br /> <br /> 13. The PUBLISHER shall give to the AUTHOR free of<br /> charge six copies of the said work.<br /> <br /> 14, Nothing in this agreement contained shall constitute<br /> or be taken to constitute a partnership between the<br /> parties.<br /> <br /> T is the custom to print from time to time<br /> I and comment on agreements which from the<br /> Author&#039;s point of view are exceptionally<br /> unsatisfactory. This system has two distinct<br /> <br /> advantages: (1) in the case where similar terms<br /> are placed before a writer he is able to recognise<br /> <br /> them and act accordingly ; (2) in the case where<br /> the agreement is forwarded to the offices of the<br /> Society, it is possible to forward a copy of The<br /> Author to the member concerned, and thus save<br /> the time that must necessarily be spent in writing<br /> an elaborate and exhaustive criticism of the separate<br /> clauses.<br /> <br /> The agreement printed above appeared in The<br /> Author some four years ago. The copies of the<br /> issue containing it have almost all been sold owing<br /> to the fact already mentioned.<br /> <br /> Tn consequence, as examples of this agreement<br /> are still being placed before the members of the<br /> Society, it has been thought expedient to republish<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Ae<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> The agreement contains nearly all the faults<br /> which, from the Author’s point of view, it could<br /> possibly contain. These faults have been criti-<br /> cised over and over again in The Author, and<br /> also in the work published by the Society en-<br /> titled ‘© Forms of Agreement issued by the Pub-<br /> lishers’ Association, with Comments by G. Herbert<br /> Thring and Illustrative Examples by Sir Walter<br /> Besant.”<br /> <br /> Ciause 1.—The author sells every right he has<br /> in the world in England, her Colonies and<br /> Dependencies, in the United States, and under the<br /> Berne Convention. The folly of this course is<br /> evident. The English publishers should only hold<br /> a licence to publish in England, her Colonies and<br /> Dependencies. All other rights are generally left.<br /> in the hand of an agent, and much better so than<br /> in the hands of publishers, for this reason—that a<br /> publisher does not as a general rule undertake the<br /> work of a literary agent ; that his office is not to<br /> place literary work in other hands, but to produce<br /> literary work for the author; that work of this<br /> kind left in the hands of publishers is not likely<br /> to receive anything like the same attention as it<br /> is if left in the hands of a literary agent; that<br /> the publisher is the only person who gains by<br /> having control of this work, and that the author<br /> loses by leaving it in his hands. It should be<br /> pointed out further that the publisher does not<br /> anywhere in the agreement undertake to secure the<br /> United States copyright for the author, nor even<br /> to do his best to obtain it. It may pay an<br /> English publisher better to sell sheets or stereos<br /> to America and pay the author a royalty as per<br /> clause 4. It should be added (see clause 3) that<br /> for this agency work, while the literary agent<br /> charges 10 per cent., the publisher generally asks<br /> from 30 to 50 per cent. (in this case 50 per cent.).<br /> Out of a large series of agreements before the<br /> Society from all sorts and conditions of pub-<br /> lishers the lowest charge for this literary agency<br /> business has been 25 per cent., and this only in<br /> one case.<br /> <br /> Farther, a publisher who makes his profit out<br /> of the English book publication looks upon the<br /> increase in his profits from these other sources as<br /> little extra luxuries. He does not push to get a<br /> fair price for the author or to keep up the author&#039;s<br /> position in the literary market, but he readily<br /> accepts any offer that is made.<br /> <br /> An example was recently before the Secretary<br /> where the serial rights of a 6s. novel, held by the<br /> publisher, were sold for £30. The book was by<br /> an author of no mean reputation, who could obtain<br /> without difficulty £100 if his work had been fairly<br /> marketed.<br /> <br /> There is another point—that publishers very<br /> often delay the publication of a book in order to<br /> <br /> 149<br /> <br /> market these minor rights, and it is quite pos-<br /> sible that, as the agreement stands, if the pub-<br /> lisher was desirous of serialising both in England<br /> and the States the publication might be delayed<br /> almost indefinitely.<br /> <br /> That there should be a rising royalty is only<br /> fair if the author cannot claim the highest<br /> royalty at once. On this point, nothing further<br /> need be said, the amount that an author can<br /> obtain in royalty being merely a matter of bar-<br /> gaining, but attention should be drawn to the<br /> latter part of the clause, which is inserted in<br /> brackets. It might lead the unsuspecting author<br /> into considerable difficulty, as the publisher<br /> nowhere undertakes to produce the book at 6s.,<br /> and it is possible that he might, if the sales were<br /> averaging about 500 a year, stop them before they<br /> reach that number.<br /> <br /> In Cuause 2 Mr. “ Absolute” has everything at<br /> his “unfettered discretion ” and practically takes<br /> all the powers into his own hands. He does not<br /> mention the date when he will publish, and he does<br /> not mention the form in which he will publish, nor<br /> does he mention the price at which he will pub-<br /> lish, and at his ‘‘ absolute discretion” he adver-<br /> tises or not, and at his “absolute discretion-”’ he<br /> makes what arrangement he likes with regard to<br /> the production of the book. He is particularly<br /> “absolute” in this clause. It is needless to say<br /> that such a clause as this is “absolutely” bad<br /> from the auther’s point of view. Some of the<br /> difficulties of CLAUSE 3 have already been pointed<br /> out when commenting on CLAusE 1, but Mr.<br /> “ Absolute” makes his position exceedingly clear<br /> to the unfortunate author. The publisher, as<br /> already pointed out, pockets 50 per cent. of the<br /> profits, for which the negotiations, in many cases,<br /> entail the mere writing of one or two short letters ;<br /> and again it should be pointed out that the sale<br /> of these minor rights may entail great delay in<br /> publication in addition to the efforts of the<br /> publisher being careless and half-hearted.<br /> <br /> Again, in Cuause 4, the publisher safeguards -<br /> himself should he fail to obtain the United States<br /> copyright. As a general rule, it does not pay<br /> a publisher to obtain this copyright for an author.<br /> In Cuauss 4, if he does not obtain such copyright,<br /> the author is to have half the royalty that he<br /> would obtain if the copies had been sold to the<br /> English trade; this, quite irrespective of any<br /> bargain which Mr. Absolute”? may make with<br /> the American house with which he is dealing.<br /> The arrangement may be an exceedingly good<br /> arrangement for the publisher ; no doubt he will see<br /> that it is a good arrangement, otherwise he will not<br /> accept it, as the acceptance or rejection lies entirely<br /> with him.<br /> <br /> - In Cuause 5 it will be noticed that the author<br /> <br /> ”<br /> <br /> <br /> 150<br /> <br /> is to have 2d. on each copy sold to the Colonies.<br /> As the book to which this agreement refers is<br /> presumably a 6s. book (no price being actually<br /> fixed), it is as well to point out that the ordinary<br /> price paid to an author is from 4d. to 43d. a<br /> copy. The arrangement by which the author<br /> gets 2d. is an exceedingly good one for the<br /> publisher.<br /> <br /> The next clause (6) is also a dangerous clause for<br /> the author. It is wearisome to repeat the reasons,<br /> but attention should be drawn to the fact that the<br /> author is paid 5 per cent. on the nef projils, the<br /> publisher taking the rest.<br /> <br /> With regard to CuauseE 8, it is fair that the<br /> publisher should be protected against the heavy<br /> expense of corrections brought about by the<br /> author, but the amount of 6s. per sheet of thirty-<br /> two pages, quoted in this agreement, is perhaps<br /> the smallest amount that has been allowed to any<br /> author in any agreement that has come before the<br /> Society.<br /> <br /> In Chavusz 9, again, the author is entirely at the<br /> beck and call of the publisher. The work is the<br /> author’s, but he is not allowed to revise it unless<br /> the publisher desires him to do 80, and his revision,<br /> even, is subject to the publisher’s discretion.<br /> <br /> In CLAUSE 10 the author is forbidden to publish<br /> a work which is likely to conflict with the interests<br /> of Mr. “ Absolute,” but it would be possible, under<br /> this agreement, for anyone who desired to control<br /> the market in a certain style of publication to kill<br /> a book at his “absolute discretion” in order that it<br /> might not in any way conflict with a work owned<br /> by himself on the same subject already on the<br /> market. If the author is bound not to produce,<br /> it is only fair that the publisher should be equally<br /> bound.<br /> <br /> CLAUSE 11 is perhaps the most absolute clause<br /> of this absolute agreement. If the book was the<br /> author’s, and the publisher had a licence to publish,<br /> it is fair under certain circumstances, and to a<br /> certain limited extent, to guarantee the publisher<br /> <br /> _against infringement of copyright and libel ; but<br /> as the book is the publisher’s, he ought to protect<br /> himself before the purchase. In any case, the<br /> author is asked to concede much too much. A<br /> case once arose in which the publisher of a scientific<br /> book dealing with the sex question on scientific<br /> lines was prosecuted by the police. The publisher<br /> pleaded guilty to obscene publication, and the<br /> author, although his book was approved by some of<br /> the greatest scientists in Europe, had no power of<br /> clearing his character. This case is not an exact<br /> analogy: but power is given to the publisher to<br /> make any agreement and the author has no<br /> opportunity to clear himself. It is possible that<br /> under similar circumstances the publisher might<br /> consent to the payment of a large sum to satisfy<br /> <br /> THE AUTHOR.<br /> <br /> a case rather than permit the author to vindicate<br /> his character with regard to what he had written.<br /> Besides, the fact that the publisher is protected<br /> from all loss would necessarily render him careless<br /> as to the costs he might incur, the settlements<br /> he might make, and his whole course of action.<br /> The author would be powerless under the clause<br /> as it stands. It must be repeated that where<br /> a publisher makes an out-and-out purchase, as he<br /> does in this agreement, the motto should be caveat<br /> emptor, and the author should not give a guarantee<br /> to the publisher.<br /> <br /> The account clause (12) is not satisfactory ; it<br /> is not, however, as bad as some. The irony of<br /> clause 14 is perhaps its most amusing point.<br /> <br /> Apology must be made for but a slight com-<br /> mentary on this extraordinary agreement. If any<br /> member of the Society would care to have further<br /> details he must apply to the Secretary. There<br /> is no space to unravel further the mystery of Mr.<br /> “ Absolute’s ’’ methods.<br /> <br /> WILSON vy. THE UNICORN PRESS, LTD.<br /> <br /> a<br /> <br /> N Friday, January 15th, 1904, an action,<br /> brought by Mr. G. Wilson against the<br /> Unicorn Press, Ltd., for damages for breach<br /> <br /> of contract was tried by His Honour Judge Wood-<br /> fall in the Westminster County Court.<br /> <br /> Mr. Horace E. Miller (instructed by Messrs.<br /> Harding and Leggett) appeared for the plaintiff.<br /> <br /> The facts of the case are as follows :—<br /> <br /> Mr. Wilson, on June 17th, 1903, paid to the<br /> defendants a sum of money, in consideration of<br /> which they undertook to publish a book written by<br /> the plaintiff, not later than August 15th of the<br /> same year. Defendants failed to publish on that<br /> date, and after some correspondence, a later date<br /> was agreed upon for such publication, but the<br /> defendants again failed to produce the work as<br /> agreed ; and the plaintiff, being unable to obtain a<br /> fulfilment of the contract, on December 3rd, 1903,<br /> instituted the present proceedings.<br /> <br /> A few days before the trial, defendants made<br /> certain overtures for the withdrawal of the action<br /> upon terms which the plaintiff could not accept.<br /> <br /> When the action came before the Court, the<br /> defendants did not appear, and, after plaintiff had<br /> been called in support of his case, His Honour<br /> entered judgment for him, for the return of the<br /> money originally paid for the publication of the<br /> work, £3 3s. Od. damages, cancellation of the<br /> agreement, and costs.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> THE PROPERTY IN A TITLE.<br /> <br /> —<br /> <br /> LL cases decided, either in the United<br /> States Courts or in our Courts of Justice,<br /> which deal with vexed questions of Copy-<br /> <br /> right Property must contribute, to some extent,<br /> to the further interpretation of existing diffi-<br /> culties. Disputes about property in titles, in that<br /> they do not come under any special copyright<br /> statute, but are argued on the analogy of trade<br /> marks law, are especially interesting.<br /> <br /> We quote the following case from the United<br /> States Publishers’ Weekly :—<br /> <br /> “In the case of W. H. Gannetts, publisher of<br /> the magazine entitled Comfort, against William F.<br /> Rupert, publisher of the magazine entitled Home<br /> Comfort, to restrain the latter from using the word<br /> ‘comfort’ in connection with his title, Judge Coxe,<br /> of the U. 8. Court of Appeals, Second Circuit, in<br /> granting an injunction to restrain the defendant,<br /> said :<br /> <br /> ‘This is a trade mark case pure and simple. It<br /> is not a case of unfair competition. It is founded<br /> on a technical, common law trade mark. With<br /> this distinction in mind it is obvious that many of<br /> the propositions argued by the defendant are<br /> irrelevant. For fifteen years the complainant and<br /> his predecessors have published a monthly periodical<br /> called Comfort. Under this name a large, lucrative<br /> and growing business has been established. A<br /> person publishing a newspaper or a magazine may<br /> give it a name by which it is known and by which<br /> its authenticity is attested. This name is entitled<br /> to the same protection as if it were affixed to<br /> other articles of merchandise. The purchasing<br /> public know it by that name and no other. The<br /> name is a badge of origin and genuineness. It is<br /> as much a part of the proprietor’s property as his<br /> counting room or printing press. A rival pub-<br /> lisher has no more right to appropriate the name<br /> of the periodical than the individual name of its<br /> owner. But it is objected that “Comfort” is a<br /> standard English word not fanciful or manufac-<br /> tured, but descriptive, suggesting the purpose and<br /> errand of the paper. It certainly is descriptive ;<br /> but of what ? Surely not of a family newspaper.<br /> Some of the synonyms of comfort are consolation,<br /> contentment, ease, enjoyment, happiness, pleasure,<br /> satisfaction, but would any of these be used by a<br /> rational being to describe a monthly journal<br /> intended to circulate in the rural districts ? Would<br /> the word ‘“‘ease,” for instance, when conveyed to a<br /> newspaper convey to the reading public any<br /> accurate information of its errand or purpose<br /> <br /> or the character of its contents? It is thought<br /> not.<br /> <br /> 151<br /> <br /> «“ Comfort” is, it is true, a common English<br /> word free to all, but so are century, cosmopolitan,<br /> forum and arena. The last two are suggestive of<br /> ancient contests, physical and intellectual, but not<br /> of a modern literary review. Such words are con-<br /> tinually being selected, arbitrarily, to designate<br /> publications which in time become known solely by<br /> the names so bestowed npon them, and such use is<br /> protected by the courts.<br /> <br /> ‘The defendant is publishing a monthly paper<br /> circulating, in part at least, in the same territory<br /> as the complainant’s paper and covering a somewhat<br /> similar field. He calls his paper Home Comfort.<br /> This is enough to justify the relief prayed for. It<br /> is of no moment that the proof fails to show<br /> deception, confusion or injury to any marked<br /> extent. Such proof is unnecessary where infringe-<br /> ment of a valid trade mark is clearly established.<br /> The defendant is using the complainant’s property,<br /> and, as he is acting without color of right, the<br /> complainant is entitled to have that use discon-<br /> tinued. If the defendant’s contention be correct<br /> that actual damage must be proved before an<br /> injunction can issue, it follows that if to-morrow<br /> a new infringer should commence the publication<br /> of a paper with a Chinese copy of the complainant’s<br /> trade name on its title page, the Court would be<br /> powerless to grant relief until the infringement<br /> had been carried on long enough to cause actual<br /> provable damage. Equity is not so helpless and<br /> impotent. It is the policy of the law to arrest the<br /> pirate before he actually makes off with the<br /> plunder.<br /> <br /> ‘The complainant has waived an accounting. It<br /> follows that the decree must be reversed with costs,<br /> and the cause remanded to the circuit court with<br /> instructions to enter a decree for an injunction<br /> restraining the defendant from infringing the<br /> complainant’s trade-mark.’ ”<br /> <br /> —_—_—__+—_&gt;_+_____—-<br /> <br /> THE UNITED STATES BOOK TRADE.<br /> <br /> + —~— 4<br /> <br /> Imports and Exports of Books and other Printed<br /> Matter.<br /> <br /> HE summarised statement of the values of the<br /> imports and exports of books and other<br /> printed matter of the United States for the<br /> <br /> month ending November, 1903, and for the eleven<br /> months ending at the same date, compared with the<br /> corresponding periods of 1902, shows the following<br /> result (page 152) as regards books, music, maps,<br /> engravings, etchings, photographs, and other<br /> printed matter :<br /> <br /> <br /> <br /> 152 THE AUTHOR.<br /> <br /> y VALUES OF BOOKS AND OTHER PRINTED MATTER, FREE, IMPORTED FROM OTHER COUNTRIES,<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Month ending November, 11 months ending November,<br /> 1902, 1903, 1902, 1903,<br /> Imported from :<br /> United Kingdom... os me ap set +» | $118,301 $138,472 $1,057,909 $1,327,750<br /> France Se z “ = i es oe 16,180 20,002 174,236 167, 965<br /> Germany oe ve ai ae see te ae 58,505 68,239 615,140 623, 889<br /> Other Europe... ae ec ay a ae 25,636 24,863 379,047 264,037<br /> British North America . as a on ‘” 3,471 3,252 42,091 33,563<br /> Other Countries a aes a cs Oe 3,967 2,843 20,379 21,658<br /> Totals ee Ne ie ies fe oe 226,060 257,671 2,288,802 2,438,862<br /> <br /> <br /> <br /> VALUES OF BooKS AND OTHER PRINTED MATTER, DUTIABLE, IMPORTED FROM OTHER COUNTRIES.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Imported from: ‘<br /> <br /> United Kingdom ... os bes ae ee | $134,273 $132,138 $1,112,017 $1,181,049<br /> France oe mes ie &lt;s a oe ace 11,989 9,519 76,201 82,800<br /> Germany ay oe ie ce me oan Ae 30,018 34,257 261,464 307,691<br /> Other Europe... “ee oe oe i ee 6,967 6,066 83,059 96,381<br /> British North America bse a as ae ea 4,366 3,404 48,228 46,127<br /> China .., Gee pee nee ose as De Ae 56 5 3,308 3,728<br /> Japan ... ao nk me ie et oh 1,928 787 15,256 21,117<br /> Other Countries th a yee pe m ie 513 1,503 5,869 5,266<br /> Totals aes oe ae me me a 190,110 187,679 1,605,402 1,744,159<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> VALUES OF BOOKS AND OTHER PRINTED MATTER, OF DOMESTIC MANUFACTURE, EXPORTED FROM<br /> THE UNITED STATES BY COUNTRIES.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Countries to which Exported :<br /> <br /> United Kingdom eee cae Ss eee a a $118,339 $102,015 $1,094,341 $1,102,248<br /> Belgium a ae oS sad ee ue bes 3,080 1,916 25,183 27,251<br /> France oe eh Re ae ee sy Me 6,001 4,912 70,143 49,852<br /> Germany = 11,270 12,914 199,060 193,125<br /> Maly 36, es oo ae 1,923 1,060 17,317 27,038<br /> Netherlands ... a ae ese a ae ee 1,339 1,383 11,695 10,735<br /> Other Europe... bes te sc an ae 2,988 2,073 35,867 33,294<br /> British North ecacy a ae ee 150,049 155,711 1,362,903 1,557,331<br /> Central American States and British Honduras... ee 1,840 1,100 19,475 15,978<br /> Mexico ook ai as ms Ss oS os 18,444 16,806 220,129 152,499<br /> Cuba . a se ce a 5,110 21,955 70,134 80,864<br /> Other WwW est Indies and Bermuda 5 ay a me 2,494 1,915 31,517 32,316<br /> oo ne a oat eee vA 6,600 9,488 35,232 46,911<br /> Brazil . ne os eee es ete ae ee 2,702 676 30,927 40,199<br /> Chili... oe oe um pe ses iy a 4,903 8,209 44,488 37,582<br /> Colombia os Be ee Oey ees i as 11,742 129 36,612 10,237<br /> Venezuela... oe see a ue Be 494 170 19,700 3,499<br /> Other South America f aS ave se ce 3,252 2,272 47,115 61,951<br /> Chinese Empire ate oe eis oe See ae 3,100 2,032 30,740 25,750<br /> British East Indies ... ee aye ee i a 6,846 4,824 29,796 22,826<br /> Japan ... ak as he nae a oe TA57 4,153 59,897 56,083<br /> British ‘Australasia aes te oe oes ee va 32,421 15,355 239,677 191,031<br /> Philippine Islands... a ees ee sae sae 3,390 4,543 140,881 52,159<br /> Other Asia and Oceanica ... eke a ee ae 1,285 1,206 23,258 20,698<br /> British Africa oc oe ne sa ec se 6,334 9,522 109,293 50,164<br /> All other Africa a oe ie a sal ie 1,096 771 11,465 9,979<br /> Other Countries a ~~ ec ae a aa — — — &#039; 34<br /> <br /> Totals ee Pea Be oe os 414,499 387,110 4,016,845 3,911,634<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Although the war between Japanand Russiais ab- scope to some of the wonderful dealers in figures.<br /> sorbing the attention of the majority of people, there They will undoubtedly be able to prove either that<br /> is still a little interest left in the fiscal question. the trade of England is progressing or that the<br /> <br /> The columns printed above will no doubt give British Empire is on the high road to ruin,<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THER AUTHOR.<br /> <br /> Tt is not our intention to admit either the one<br /> or the other, but there are a few points which may<br /> be noted.<br /> <br /> In the list headed the “values of books and<br /> other printed matter, dutiable, imported from other<br /> countries,” it would appear that the imports from<br /> the United: Kingdom have increased in 1903 to the<br /> extent of 60,000 dollars, whereas the exports from<br /> the United States into the United Kingdom have<br /> only increased about 8,000 dollars.<br /> <br /> These figures cause some surprise, as it has<br /> been asserted, with apparent truth, that the<br /> United States have been providing their own<br /> literature, and have been producing less work from<br /> the pen of British authors during the past few<br /> years. If this is the case, how is the increase<br /> accounted for? It must be remembered that the<br /> imports into the United States do not alone<br /> represent the production of English literary labours;<br /> to them must be added the books printed under<br /> the United States Copyright Act, in the States<br /> themselves. A satisfactory explanation of an<br /> apparent contradiction would prove interesting.<br /> <br /> Again, the imports into the United States from<br /> British North America have decreased about 2,000<br /> dollars, whereas, exports from the United States<br /> to British North America have increased nearly<br /> 200,000 dollars.<br /> <br /> It seems clear, therefore, that this enormous<br /> increase of exportation into British North America<br /> arises from the fact that postage is cheaper, and<br /> that it is easier for the Canadians to obtain their<br /> supplies of literature from the States than from<br /> the Mother Country. The result is bad, not only<br /> from the financial point of view, but also, on<br /> account of the sentiments with which the rising<br /> generation in British North America must be<br /> imbued. It is compelled to read the literature of<br /> the United States in preference to the literature<br /> of the British Empire, to study the sentiments<br /> and views of those who, not infrequently, bitterly<br /> hostile to everything British, do not hesitate in<br /> plain terms to say so.<br /> <br /> The Imperial point of view is of importance.<br /> <br /> An analogous case may be quoted to show that<br /> the same difficulty has arisen at other times in<br /> other countries.<br /> <br /> It was not long ago that a deputation of<br /> Hungarians applied to their Government to join<br /> the Berne Convention, putting forward this im-<br /> portant reason that the literature circulated in<br /> Austria-Hungary was the pirated literature of<br /> other countries, calculated in every way to destroy<br /> the national feeling of the Hungarian, or if not<br /> actually calculated to destroy it, at any rate, not<br /> calculated to foster the great traditions of the past,<br /> or inculcate ideals for the future welfare of their<br /> country,<br /> <br /> 158<br /> <br /> The other items need but little comment.<br /> <br /> Speaking generally, the imports to the United<br /> States appear to have increased, the exports to<br /> have decreased, and this in spite of Protection.<br /> <br /> —_————__+—&gt;_+__—__<br /> <br /> UNITED STATES NOTES.<br /> <br /> 1+<br /> <br /> he Library of Congress at Washington has<br /> <br /> issued a statement of the Copyright Busi-<br /> <br /> ness completed to December 31st, 1903.<br /> From this it would appear that the total number<br /> of entries touched very nearly 100,000—the exact<br /> number being 99,436, and the total fees received<br /> during the same year amounted to 70,230 dollars.<br /> <br /> The paper goes on to state that the entries for<br /> the new year promise to be large, as on the first<br /> legal day of the present year 4,031 were made, and<br /> the fees for that one day amounted to over 2,000<br /> dollars.<br /> <br /> The department also issued a table of the fees<br /> received over a period of years. These show a<br /> constant increase, save in 1900 and 1901, when<br /> they fell from 65,000 dollars in 1899, to 63,000 in<br /> 1900, and 64,000 in 1901. Is it possible that this<br /> decrease had anything to do with the Boer War?<br /> It is very probable that this was the case.<br /> <br /> The Copyright Office seems to be running now<br /> on thoroughly satisfactory lines, and the staff is<br /> competent to deal with the enormous press of<br /> work that comes to hand.<br /> <br /> We quote from the article before us :—<br /> <br /> “ The question is frequently asked, How soon is it possible<br /> to obtain a certificate after an application has been filed ?<br /> The great variance in the number of titles filled per day<br /> leads to considerable unavoidable corresponding variance<br /> in the time of mailing the certificate or notice. Taking<br /> however, a fairly normal month for illustration ; during<br /> November, 1903, a month having twenty-four working<br /> days, the bulk of the certificates for two dates were mailed<br /> within three days ; for fourteen dates within four days ; for<br /> six dates within five days; and for two dates in six<br /> days ; but in the case of three dates certificates for certain<br /> classes required seven days before mailing, and on Novem-<br /> ber 28th, the periodical entries were so numerous that nine<br /> days were required to clear the certificates of that class.<br /> It should be remembered that the month included five<br /> Sundays and one holiday, Thanksgiving Day, Theaverage<br /> time, therefore, may be said to be about five days, although<br /> the certificates for sixteen out of the twenty-four total days<br /> were mailed within four days.” ‘<br /> <br /> The United States Government have passed an<br /> Act to afford protection to exhibitors of foreign<br /> literary, artistic, and musical works at the Louisiana<br /> Purchase Exposition.<br /> <br /> This action is very interesting and worthy of<br /> note. A copy of the Act is printed below, together<br /> <br /> <br /> 154<br /> <br /> <br /> <br /> with a copy of the necessary formalities issued<br /> from the Library of Congress.<br /> <br /> It is possible that some members of the Society<br /> may desire to avail themselves of this privileged<br /> <br /> protection.<br /> <br /> An Act to AFFORD PROTECTON To EXHIBITORS OF<br /> FoREIGN LITERARY, ARTISTIC, OR Musical WORKS<br /> AT THE LOUISIANA PURCHASE EXPOSITION.<br /> <br /> Be it enacted by the Senate and House of Representatives<br /> of the United States of America in Congress assembled, that<br /> the author of any book, map, chart, dramatic composition,<br /> musical composition, engraving, cut, print, chromo, litho-<br /> graph, or photograph published abroad prior to November<br /> thirtieth, nineteen hundred and four, but not registered for<br /> copyright protection in the United States copyright office,<br /> or the heirs and assigns of such author, shall have in the<br /> case of any such book, map, chart, dramatic composition,<br /> musical composition, engraving, cut, print, chromo, litho-<br /> graph, or photograph intended for exhibition at the Louisiana<br /> Purchase Exposition the sole liberty of printing, reprinting,<br /> publishing, copying, and vending the same within the<br /> limits of the United States for the term herein provided<br /> for upon complying with the provisions of this Act.<br /> <br /> Sec. 2. That one copy of such book, map, chart, dramatic<br /> composition, musical composition, engraving, cut, print,<br /> chromo, lithograph, or photograph to be exhibited as herein<br /> provided shall be delivered at the copyright office, Library<br /> of Congress, at Washington, District of Columbia, with a<br /> statement duly subscribed to in writing that the book or<br /> other article is intended for such exhibition and that the<br /> copyright protection herein provided for is desired by the<br /> copyright proprietor, whose full name and legal residence<br /> is to be stated in the application.<br /> <br /> Sec, 3, That the registrar of copyrights shall record the<br /> title of each volume of any such book or other article herein<br /> provided for, or if the article lacks a title, shall record a<br /> brief description of it sufficient to identify it, in a special<br /> series of record books to be designated the “ Interim copy-<br /> right record books,” and shall furnish to the copyright<br /> claimant a copy of record under seal of such recorded title<br /> or description, and the said title or description is to be<br /> included in the Catalogue of Title Entries provided for in<br /> section four of the Act of March third, eighteen hundred<br /> and ninety-one.<br /> <br /> Sec. 4. That a fee of one dollar and fifty cents shall be<br /> paid to the register of copyrights for each title or description<br /> to be recorded and a certified copy of the record of the<br /> same, and in the case of a work in more than one volume<br /> the same amount, one dollar and fifty cents, shall be paid<br /> for each volume, and the register of copyrights shall deposit<br /> all such fees paid in the Treasury of the United States, and<br /> report and account for the same in accordance with the<br /> provisions in relation to copyright fees of the appropriation<br /> Act approved February nineteenth, eighteen hundred and<br /> ninety-seven.<br /> <br /> Sec. 5. That the copyright protection herein provided for<br /> shall be for the term of two years from the date of the<br /> receipt of the book or other article in the copyright office.<br /> <br /> Sec, 6. That if at any time during the term of the copy-<br /> right protection herein provided for, two copies of the<br /> original text of any such book, or of a translation of it in<br /> the English language, printed from type set within the<br /> limits of the United States or from plates made therefrom,<br /> or two copies from any such photograph, chromo, or litho-<br /> graph printed from negatives or drawings on stone made<br /> within the limits of the United States or from transfers<br /> made therefrom, as deposited in the copyright office, Library<br /> of Congress, at Washington, District of Columbia, such<br /> deposit shall be held to extend the term of copyright pro-<br /> tection to such book, photograph, chromo, or lithograph for<br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> the full terms provided for in title sixty, chapter three, of<br /> the Revised Statutes of the United States, computed from<br /> the date of the receipt of the book, photograph, chromo, or<br /> lithograph and the registration of. the title or description<br /> as herein provided for.<br /> <br /> Sec. 7. That in the case of an original work of the fine<br /> arts (a painting, drawing, statue, statuary, and a model or<br /> design intended to be perfected as a work of the fine arts)<br /> which has been produced without the limits of the United<br /> States prior to the thirtieth day of November, nineteen<br /> hundred and four, and is intended for exhibition at the<br /> Louisiana Purchase Exposition, the author of such work of<br /> art, or his heirs and assigns, shall be granted copyright<br /> protection therefor during a period of two years from the<br /> date of filing in the copyright office, Library of Congress,<br /> at Washington, District of Columbia, a description of the<br /> said work of art and a photograph of it, and upon paying<br /> to the register of copyrights one dollar and fifty cents for<br /> the registration of such description, and a copy of record<br /> under seal of such recorded description.<br /> <br /> Sec. 8. That, except in so far as this Act authorises and<br /> provides for temporary copyright protection during the<br /> period and for the purposes herein provided for, it shall not<br /> be construed or held to in any manner affect or repeal any<br /> of the provisions of the Revised Statutes relating to copy-<br /> rights and the Acts amendatory thereof. That no registra-<br /> tion under this Act shall be made after the thirtieth day of<br /> November, nineteen hundred and four.<br /> <br /> FoRMALITIES,<br /> <br /> The Congress of the United States has passed a law pro-<br /> viding protection upon any of the following productions<br /> made abroad and exhibited at the Louisiana Purchase<br /> Exposition at St. Louis, Missouri, United States of America,<br /> in 1904:<br /> <br /> <br /> <br /> Group I. Group II.<br /> Books, Original works of Art.<br /> Maps or Charts, Paintings,<br /> Dramatic Compositions, Drawings,<br /> Musical Compositions, Statues,<br /> Engravings, Cuts, or Prints, Statuary,<br /> <br /> Models or Designs intended<br /> to be perfected as works<br /> of the fine arts.<br /> <br /> The protection may be obtained by complying with the<br /> provisions of the law as explained.<br /> <br /> Chromos or Lithographs,<br /> Photographs.<br /> <br /> <br /> <br /> Group J.<br /> <br /> For articles in Group I., the author, or his heirs or assigns,<br /> is required to deliver at the Copyright Office, at Washing-<br /> ton, D.C., one copy of his book ; map or chart ; dramatic<br /> composition ; musical composition; engraving, cut, or<br /> print ; chromo or lithograph ; or photograph, together with<br /> a statement duly subscribed to in writing that the book or<br /> other article is intended for ‘exhibition at the Louisiana<br /> Purchase Exposition at St. Louis in 1904, and that copy-<br /> right is desired by the author (whose full name and legal<br /> residence should be stated), or by the author&#039;s heirs or<br /> assigns : in which case their names and legal residences<br /> should be given. Printed blank application forms to be<br /> used in making these statements may be obtained upon<br /> applying to the Register of Copyrights.<br /> <br /> In addition to the above statement of the applicant, there<br /> should be sent with each book or other article the fee pro-<br /> vided by law, namely, $1.50 for each book or other article.<br /> In the case of a work in more than one volume, $1.50 is<br /> required to be sent for each volume. A certificate of entry<br /> of title will be returned to the applicant.<br /> <br /> Group IZ.<br /> <br /> In the case of original works of the fine arts, such as<br /> paintings, drawings, statues, statuary, and models or designs<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> intended to be perfected as works of the fine arts, which<br /> are to be exhibited at the Louisiana Purchase Exposition<br /> at St. Louis in 1904, the author of any such work of art, or<br /> his heirs or assigns, is required to deliver at the Copyright<br /> Office, Library of Congress, Washington, a brief description<br /> of the said work of art, with a photograph of it, and $1.50<br /> for each separate description.<br /> <br /> FEES.<br /> <br /> The fee for each registration is $1.50 ; that is, $1.50 for<br /> each separate production; and in the case of a work in<br /> <br /> more than one volume, $1.50 for each volume. This fee<br /> <br /> should be forwarded by means of an International Money<br /> Order, payable to the Register of Copyrights.<br /> <br /> If applicants desire to deposit the copy, file the necessary<br /> application, and pay the fee through an agent in New<br /> York, or elsewhere in the United States, that may be done.<br /> <br /> TERM OF PROTECTION.<br /> <br /> The sole liberty of printing, reprinting, publishing,<br /> copying, and vending the book or other article is granted<br /> for a period of two years from the date of the receipt of<br /> the book or other article in the Copyright Office, Library<br /> of Congress, Washington, as provided for above.<br /> <br /> EXTENSION OF TERM OF PROTECTION.<br /> <br /> 1f within the two years, in the case of a book, Two Copies<br /> of the original text of any such book, or of a translation of<br /> it in the English language, printed from type set within<br /> the limits of the United States, or from plates made there-<br /> from, are deposited in the Copyright Office, Library of<br /> Congress, Washington, the term of copyright protection of<br /> such book is extended for the full terms provided for by<br /> the present copyright laws, namely, 28 years and 14 years,<br /> computed from the date of the first receipt of the book.<br /> <br /> In the case of a photograph, chromo, or lithograph, if<br /> within the two years Two Copies of any such photograph,<br /> chromo, or lithograph, printed from negatives or drawings<br /> on stone made within the limits of the United States, or<br /> from transfers made therefrom, are deposited in the Copy-<br /> right Office, Library of Congress, Washington, the term of<br /> the copyright protection is also extended for the full terms<br /> provided by the present copyright laws.<br /> <br /> THORVALD SOLBERG,<br /> Register of Copyrights.<br /> <br /> Notice.—No registrations can be made under the law<br /> after November 30th, 1904.<br /> <br /> ——___—_+—~&lt;&gt;—_ —____<br /> <br /> MAGAZINE CONTENTS.<br /> <br /> +4 —<br /> BLACKWOOD’S MAGAZINE.<br /> <br /> A Song of England. By Alfred Noyes.<br /> <br /> Viscount Gough. By George W. Forrest, C.I.E.<br /> <br /> John Chileote, M.P. By Katherine Cecil Thurston.<br /> <br /> The Pytchley Country.<br /> <br /> A Lad of Promise.<br /> <br /> On the Portrait of a Beautiful Woman carved upon her<br /> Tomb. Translated by Sir Theodore Martin, K.C.B.<br /> <br /> Scolopaxiana : Habits and Habitat. By Scolopax.<br /> <br /> Whitaker Wright Finance.<br /> <br /> Fort Drouthy. By X.<br /> <br /> Ode: To a New Tall Hat. By Selim.<br /> <br /> Musings without Method: Objections to a National<br /> Theatre — Future of Public Taste in Literature—In<br /> Defence of the Study of Greek.<br /> <br /> The Opening of the War. By Active List.<br /> <br /> The Session.<br /> <br /> 155<br /> <br /> THE COoRNHILL MAGAZINE.<br /> <br /> The Truants (Chapters vii.—ix.). By A. E. W. Mason.<br /> <br /> Colonial Memories. III. A Modern New Zealand. By<br /> Lady Broome.<br /> <br /> Debita Flacco.<br /> <br /> Historical Mysteries.<br /> Andrew Lang.<br /> <br /> Herbert Spencer. By Hector Macpherson.<br /> <br /> A Day of My Life in the County Court. By His Honour<br /> Judge Parry.<br /> <br /> The Structure of a Coral Reef.<br /> Bonney, F.R.S.<br /> <br /> French Housekeeping. By Miss Betham-Edwards.<br /> <br /> A Hungry Heart. By Hugh Clifford, C.M.G.<br /> <br /> Ballade of St. Martin’s Clock. By L. H.<br /> <br /> The Wreck of the “ Wager.” By W. J. Fletcher.<br /> <br /> The Powder Blue Baron. By Mrs. Alfred Sidgwick.<br /> <br /> By E. H. Pember, K.C.<br /> III. The Case of Allan Breck, By<br /> <br /> By Professor T. G.<br /> <br /> LONGMAN’S MAGAZINE.<br /> <br /> Nature’s Comedian (Chapters xvii., xviil.).<br /> Norris.<br /> <br /> Modder River.—I. By Captain Vaughan.<br /> Mademoiselle and Friulein. By M. E. Francis.<br /> Pat Magee’s Wife. By Lena Barrington.<br /> The Sound of the Desert. By Louisa Jebb.<br /> A Wherry Elopement. By C. F. Marsh.<br /> A Defence of Play-reading. By W. E. Hicks.<br /> At the Sign of the Ship. By Andrew Lang.<br /> <br /> By W. E.<br /> <br /> MACMILLAN’S MAGAZINE.<br /> <br /> The Court of Sacharissa (Chapters x.—xii.).<br /> Sheringham and Nevill Meakin.<br /> <br /> Education and its Machinery. By P. S. Burrell.<br /> <br /> The German Army in German Fiction. By H. C.<br /> Macdowall.<br /> <br /> The Message of the Winds.<br /> <br /> Our Irish Friends. By the Rey. J. Scoular Thomson.<br /> <br /> The Last of Limmer’s. By Gerald Brenan.<br /> <br /> At the Home of the Deceivers.<br /> <br /> The Gardens of Tokio. By Reginald Farrer.<br /> <br /> Matthew Arnold as a Popular Poet. By W. A. Sibbald.<br /> <br /> THE WoRLD’S WORK.<br /> <br /> By Hugh<br /> <br /> Portrait of Mr. John Hay, Secretary of State of the<br /> United States (frontispiece).<br /> <br /> The War—and After. By Henry Norman, M.P.<br /> <br /> The Emperor of Japan.<br /> <br /> The Torpedo: Its Value in War. By Fred. T. Jane.<br /> <br /> The Lesson of the Free Trade Controversy. By R. B.<br /> Haldane, K.C., M.P. (with portrait).<br /> <br /> The Clean Sweep at the War Office.<br /> Dilke, Bart., M.P.<br /> <br /> The Great Motor Show.<br /> <br /> The Crisis in the Cotton Industry : Its Position and its<br /> Future. By ©. W. Macara (with portrait).<br /> <br /> The Free Trade Debate.<br /> <br /> The Day’s Work. XI. A London Policeman.<br /> <br /> Home Rule for the Thames.<br /> <br /> To See Oneself Think. By E. 8. Grew.<br /> <br /> Perfect Feeding of the Human Body.<br /> Marcosson.<br /> <br /> The Coal Miner and His Work. By W. Meakin.<br /> <br /> Mining by Electricity. By J. E. Hodgkin, M.1.E.E.<br /> <br /> The Man without a Bed. By Clarence Rook.<br /> <br /> Every Man His Own Fruit Grower. By<br /> Counties.”<br /> <br /> The World’s Play. XI. Ladies’ Sports.<br /> <br /> The Work of the Book World, with portraits of Mr,<br /> William Archer, Mrs. Baillie Reynolds, Mr. Vincent Brown,<br /> Mr. Edmund Gosse, LL.D.<br /> <br /> A Fresh Start in a British Industry.<br /> <br /> Among the World’s Workers: A Record of Industry.<br /> <br /> By Sir Charles<br /> <br /> By Isaac I&quot;.<br /> <br /> “ Tome<br /> 156<br /> <br /> WARNINGS TO THE PRODUCERS<br /> OF BOOKS.<br /> <br /> —_-——+—<br /> <br /> ERE are a few standing rules to be observed in an<br /> agreement. There are four methods of dealing<br /> with literary property :—<br /> <br /> I. Selling it Outright.<br /> <br /> This is sometimes satisfactory, if a proper price can be<br /> obtained. But the transaction should be managed by a<br /> competent agent, or with the advice of the Secretary of<br /> the Society.<br /> <br /> Il. A Profit-Sharing Agreement (a bad form of<br /> agreement).<br /> <br /> In this case the following rules should be attended to:<br /> <br /> C1.) Not to sign any agreement in which the cost of pro-<br /> duction forms a part without the strictest investigation.<br /> <br /> (2.) Not to give the publisher the power of putting the<br /> profits into his own pocket by charging for advertisements<br /> in his own organs, or by charging exchange advertise-<br /> ments. Therefore keep control of the advertisements.<br /> <br /> (3.) Not to allow a special charge for “ office expenses,”<br /> unless the same allowance is made to the author.<br /> <br /> (4.) Not to give up American, Colonial, or Continental<br /> rights.<br /> <br /> (5.) Not to give up serial or translation rights.<br /> <br /> (6.) Not to bind yourself for future work to any publisher.<br /> As well bind yourself for the future to any one solicitor or<br /> doctor !<br /> <br /> III. The Royalty System.<br /> <br /> This is perhaps, with certain limitations, the best form<br /> of agreement. It is above all things necessary to know<br /> what the proposed royalty means to both sides. It is now<br /> possible for an author to ascertain approximately the<br /> truth. From time to time very important figures connected<br /> with royalties are published in Zhe Author,<br /> <br /> IY. A Commission Agreement.<br /> <br /> The main points are :—<br /> <br /> (1.) Be careful to obtain a fair cost of production.<br /> (2.) Keep control of the advertisements.<br /> <br /> (3.) Keep control of the sale price of the book.<br /> <br /> General.<br /> <br /> All other forms of agreement are combinations of the four<br /> above mentioned.<br /> <br /> Such combinations are generally disastrous to the author,<br /> <br /> Never sign any agreement without competent advice from<br /> the Secretary of the Society.<br /> <br /> Stamp all agreements with the Inland Revenue stamp.<br /> <br /> Avoid agreements by letter if possible.<br /> <br /> The main points which the Society has always demanded<br /> from the outset are :—<br /> <br /> C1.) That both sides shall know what an agreement<br /> means.<br /> <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 /> <br /> (3.) Always avoid a transfer of copyright.<br /> <br /> ——_——_—o——_2—_____<br /> <br /> WARNINGS TO DRAMATIC AUTHORS.<br /> —_1~- +.<br /> <br /> EVER sign an agreement without submitting it to the<br /> Secretary of the Society of Authors or some com-<br /> petent legal authority.<br /> <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. be<br /> <br /> THE AUTHOR.<br /> <br /> 3. There are three forms of dramatic contract for plays’<br /> in three or more acts :—<br /> <br /> (a.) Sale outright of the performing right. This<br /> is unsatisfactory, An author who enters into<br /> such a contract should stipulate in the contract<br /> for production of the piece by a certain date<br /> and for proper publication of his name on the<br /> play-bills,<br /> <br /> (d.) Sale of performing right or of a licence to<br /> perform on the basis of percentages on<br /> gross receipts. Percentages vary between 5<br /> and 15 per cent. An author should obtain a<br /> percentage on the sliding scale of gr0ss receipts<br /> in preference to the American system. Should<br /> obtain a sum in advance of percentages. &lt;A fixed<br /> date on or before which the play should be<br /> performed.<br /> <br /> (¢.) Sale of performing right or of a licence to<br /> perform on the basis of. royalties (i.c., fixed<br /> nightly fees). This method should be always<br /> avoided except in cases where the fees are<br /> likely to be small or difficult to collect. The<br /> other safeguards set out under heading (6.) apply<br /> also in this case.<br /> <br /> 4. Plays in one act are often sold outright, but it is<br /> better to obtain a small nightly fee if possible, and a sum<br /> paid in advance of such fees in any event. It is extremely<br /> important that the amateur rights of one-act plays should<br /> be reserved.<br /> <br /> 5. Authors should remember that performing rights can<br /> be limited, and: are usually limited, by town, country, and<br /> time. This is most important.<br /> <br /> 6. Authors should not assign performing rights, but<br /> should grant a licence to perform. The legal distinction is<br /> of great importance.<br /> <br /> 7. Authors should remember that performing rights in a<br /> play are distinct from literary copyright. A manager<br /> holding the performing right or licence to perform cannot ,<br /> print the book of the words.<br /> <br /> 8. Never forget that United States rights may be exceed-<br /> ingly valuable. ‘hey should never be included in English<br /> agreements without the author obtaining a substantial<br /> consideration.<br /> <br /> 9. Agreements for collaboration should be carefully<br /> drawn and executed before collaboration is commenced.<br /> <br /> 10. An author should remember that production of a play<br /> is highly speculative: that he runs a very great risk of<br /> delay and a breakdown in the fulfilment of his contract.<br /> He should therefore guard himself all the more carefully in<br /> the beginning.<br /> <br /> 11. An author must remember that the dramatic market<br /> is exceedingly limited, and that for a novice the first object<br /> is to obtain adequate publication.<br /> <br /> As these warnings must necessarily be incomplete, on<br /> account of the wide range of the subject of dramatic con-<br /> tracts, those authors desirous of further information<br /> are referred to the Secretary of the Society.<br /> <br /> ————<br /> <br /> WARNINGS TO MUSICAL COMPOSERS.<br /> <br /> a.<br /> <br /> ITTLE can be added to the warnings given for the<br /> assistance of producers of books and dramatic<br /> authors. It must, however, be pointed out that, as<br /> <br /> a rule, the musical publisher demands from the musical<br /> composer a transfer of fuller rights and less liberal finan-<br /> cial terms than those obtained for literary and dramatic<br /> property. The musical composer has very often the two<br /> rights to deal with—performing right and copyright. He<br /> <br /> <br /> THE AUTHOR.<br /> <br /> should be especially careful therefore when entering into<br /> an agreement, and should take into particular consideration<br /> the warnings stated above.<br /> <br /> —_+——_e—___<br /> <br /> HOW TO USE THE SOCIETY.<br /> <br /> 4<br /> <br /> VERY member has a right toask for and to receive<br /> advice upon his agreements, his choice of a pub-<br /> lisher, or any dispute arising in the conduct of his<br /> <br /> business or the administration of his property. The<br /> Secretary of the Society is a solicitor, but if there is any<br /> special reason the Secretary will refer the case to the<br /> Solicitors of the Society. Further, the Committee, if they<br /> deem it desirable, will obtain counsel’s opinion, All this<br /> without any cost to the member.<br /> <br /> 2. Remember that questions connected with copyright<br /> and publishers’ agreements do not fall within the experi-<br /> ence of ordinary solicitors. Therefore, do not scruple to use<br /> the Society.<br /> <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 /> <br /> 4. Before signing any agreement whatever, send<br /> the document to the Society for examination.<br /> <br /> 5. Remember always that in belonging to the Society<br /> you are fighting the battles of other writers, even if you<br /> are reaping no benefit to yourself, and that you are<br /> advancing the best interests of your calling in promoting<br /> the independence of the writer, the dramatist, the composer.<br /> <br /> 6. The Committee have now arranged for the reception<br /> ‘of members’ agreements and their preservation in a fire-<br /> proof safe. The agreements will, of course, be regarded as<br /> confidential documents to be read only by the Secretary,<br /> who will keep the key of the safe. The Society now offers:<br /> —() To read and advise upon agreements and to give<br /> advice concerning publishers. (2) To stamp agreements<br /> in readiness for a possible action upon them. (3) To keep<br /> agreements. (4) To enforce payments due according to<br /> agreements. Fuller particulars of the Society’s work<br /> can be obtained in the Prospectus.<br /> <br /> 7. No contract should be entered into with a literary<br /> agent without the advice of the Secretary of the Society.<br /> Members are strongly advised not to accept without careful<br /> consideration the contracts with publishers submitted to<br /> them by literary agents, and are recommended to submit<br /> them for interpretation and explanation to the Secretary<br /> of the Society.<br /> <br /> This<br /> The<br /> <br /> 8. Many agents neglect to stamp agreements<br /> must be done within fourteen days of first execution.<br /> Secretary will undertake it on behalf of members,<br /> <br /> 9. Some agents endeavour to prevent authors from<br /> <br /> referring matters to the Secretary of the Society ; so<br /> <br /> _ do some publishers. Members can make their own<br /> _ deductions and act accordingly.<br /> <br /> \ 10. The subscription to the Society is £1 1s. per<br /> annum, or £10 10s for life membership.<br /> <br /> THE READING BRANCH.<br /> <br /> —+—— + —<br /> <br /> EMBERS will greatly assist the Society in this<br /> branch of its work by informing young writers<br /> of its existence. Their MSS. can be read and<br /> <br /> treated as a composition is treated by a coach. The term<br /> MSS. includes not only works of fiction, but poetry<br /> and dramatic works, and when it is possible, under<br /> special arrangement, technical and scientific works. The<br /> Readers are writers of competence and experience. The<br /> fee is one guinea.<br /> <br /> ope<br /> <br /> NOTICES.<br /> <br /> —-—&gt;+—<br /> <br /> HE Editor of Zhe Author begs to remind members of<br /> <br /> the Society that, although the paper is sent to them<br /> <br /> free of charge, the cost of producing it would be a<br /> <br /> very heavy charge on the resources of the Society if a great<br /> <br /> many members did not forward to the Secretary the modest<br /> 5s, 6d. subscription for the year.<br /> <br /> Communications for Zhe Author should be addressed to<br /> the Offices of the Society, 39, Old Queen Street, Storey’s<br /> Gate, S.W., and should reach the Editor not later than<br /> the 21st of each month.<br /> <br /> All persons engaged in literary work of any kind,<br /> whether members of the Society or not, are invited to<br /> communicate to the Editor any points connected with their<br /> work which it would be advisable in the general interest to<br /> publish.<br /> <br /> Oe<br /> <br /> Communications and letters are invited by the<br /> Editor on all subjects connected with literature, but on<br /> no other subjects whatever. Every effort will be made to<br /> return articles which cannot be accepted.<br /> <br /> —1+—&gt;+<br /> <br /> The Secretary of the Society begs to give notice<br /> that all remittances are acknowledged by return of post,<br /> and he requests members who do not receive an<br /> answer to important communications within two days to<br /> write to him without delay. All remittances should be<br /> crossed Union Bank of London, Chancery Lane, or be sent<br /> by registered letter only,<br /> <br /> —_————\— 6<br /> <br /> THE LEGAL AND GENERAL LIFE<br /> ASSURANCE SOCIETY.<br /> <br /> —— +<br /> <br /> N offer has been made of a special scheme of<br /> Endowment and Whole Life Assurance,<br /> admitting of a material reduction off the<br /> <br /> ordinary premiums to members of the Society.<br /> Full information can be obtained from J. P. Blake,<br /> Legal and General Insurance Society (City Branch),<br /> 158, Leadenhall Street, H.C.<br /> <br /> <br /> 158<br /> AUTHORITIES.<br /> <br /> ——&gt;— + —<br /> <br /> DEPARTMENTAL Committee has been<br /> appointed by the Secretary of State’ to<br /> enquire into “the complaints of the musical<br /> <br /> publishers as to the sale, especially in the streets,<br /> of pirated copies of their publications, and to<br /> report whether any, and if so what amendment of<br /> the law is necessary.”<br /> <br /> The Committee is composed of the following<br /> <br /> eentlemen :—<br /> &quot;Mr. Fenwick, Chairman; Mr. J. Caldwell ;<br /> Mr. F. L. P. Elliott, Secretary; Mr. W. J. Gallo-<br /> way, M.P., Mr. John Murray, and Mr. T. E.<br /> Scrutton.<br /> <br /> The names of the Committee are a sound<br /> enarantee that the work will be done energetically<br /> and exhaustively. Among the number we are<br /> pleased to see the name of Mr. Scrutton, whose<br /> work on behalf and knowledge of copyright is so<br /> well known.<br /> <br /> It seems strange, however, that on a cominittee<br /> of this kind, dealing with the property of com-<br /> posers (for the pirated music does not always<br /> belong to the publisher; it is sometimes the pro-<br /> perty of the person from whose brain it evolved),<br /> that not one of those distinguished gentlemen, and<br /> no representative from the Authors’ Society, which<br /> acts as their protector, should have been asked to<br /> join the number. Again, there is no musical pub-<br /> lisher on the board. ‘The only publisher is Mr. John<br /> Murray, whose business among the first of those<br /> which deal with a certain branch of the trade, does<br /> not cover the publication (so far as we are aware)<br /> of musical compositions.<br /> <br /> It is hoped that if the Government undertake to<br /> deal with the matter, they will not be content with<br /> passing an amending Act, which after all, if we<br /> consider the number of small musical Acts, will<br /> only make the question more complicated; but<br /> will take in hand the consolidation of musical<br /> copyright.<br /> <br /> Wi: regret to chronicle the death, after a long<br /> illness, of Sir Leslie Stephen, K.C.B.<br /> <br /> It is impossible, while going to press, to do more<br /> than draw the attention of the members of the<br /> Society to the loss that English literature has<br /> sustained. _ oe<br /> <br /> As editor of The Cornhill, of the ‘“ Dictionary<br /> of National Biography,” and as the author of<br /> numerous philosophical and biographical works, as<br /> well as of lighter volumes dealing with literature<br /> and Alpine travel, he added largely to the wealth<br /> of English literature. His death leaves a gap<br /> that will be long felt.<br /> <br /> The sincerity and courtesy of his literary style<br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> <br /> <br /> was in aceord with his character. In all matters of<br /> business there was no man more pleasant to deal<br /> with, no man more thoughtful of, and interested<br /> in, the efforts of the younger generation of the<br /> profession of letters.<br /> <br /> Aone the correspondence we print a letter from io<br /> Miss Hallard, the Paris correspondent of The a<br /> Author, who was for many years a friend of George ie<br /> Gissing. ‘The Secretary, acting with the sanction 14<br /> of the Chairman of the Committee, will be glad to<br /> accept any contributions that may be forwarded to<br /> the Society’s office, in response to the suggestions jf<br /> contained in Miss Hallard’s note, and the Society fis<br /> will willingly act as agents in carrying out any i<br /> proposition upon which Mr. Gissing’s friends may ¥s<br /> decide in order to show their appreciation for his fid<br /> work and their love for his memory. :<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> A curious case of infringement, in which fy<br /> Aubrey Newton was the culprit, has come before &amp;<br /> the Society: A short story written by one of 16<br /> its members, which appeared some years ago in Hi<br /> the Illustrated London News, was taken bodily,<br /> with the title changed, and offered by Mr. Newton a<br /> to a penny weekly paper. The editor finding the<br /> story was a good one, purchased it, and subse-<br /> quently printed it in his columns. :<br /> <br /> Some months afterwards the matter was brought %<br /> to the attention of themember. He at once placed b<br /> his case in the hands of the Society, when the facts alo<br /> above stated came to light. The case has now We<br /> been settled ; the editor has paid a sum for infringe-<br /> ment of copyright, and inserted an apology in his #<br /> <br /> paper.<br /> <br /> <br /> <br /> <br /> <br /> ee<br /> <br /> THE RECOMPENSE.<br /> <br /> 1<br /> <br /> E rhymers wear our hearts upon our sleeve &gt;<br /> And pawn cur blood for fame; our tears «<br /> are bonds<br /> That Fate repays at last,—thus runs the grim<br /> Ancient indictment.<br /> O undying songs<br /> <br /> That thrill across the inexorable years,<br /> O hearts self-fathomed for the world to plumb,<br /> Was this your end? O gradual pulse of dawn,<br /> Heavy with lifeblood of the unborn day ;<br /> Dim, ancient coasts raped by the looting sea,<br /> Sun, storm and thunder, and immortal siars,<br /> And moon that leans and listens to the tides,<br /> Are all your names but dice that poets cast<br /> To cheat oblivion ?<br /> <br /> Rather let them say<br /> That even as some timid lover who laid<br /> <br /> <br /> <br /> <br /> ee<br /> <br /> i<br /> <br /> é<br /> <br /> <br /> <br /> THER AUTHOR.<br /> <br /> A scroll that he had writ with joy and fear<br /> <br /> All the June night, where the dear feet should pass<br /> Of her he worships, watches from afar,<br /> <br /> Aching lest it shall fall in alien hands,<br /> <br /> So we who pour our treasure, gold or dross,<br /> <br /> Where every eye may reckon it, are content<br /> <br /> If one shall weep with us, if one shall glow<br /> <br /> With passionate joy because our hearts were flame;<br /> Yea, we abide the mockery of a world<br /> <br /> For the sweet sake of one who comprehends.<br /> <br /> Sr. Joun Lucas.<br /> <br /> —____—_+o_+___<br /> <br /> MUSICAL PIRACY.<br /> <br /> — 7.<br /> <br /> HE Report of the Departmental Committee<br /> <br /> appointed by the Secretary of State for the<br /> <br /> Home Department to inquire into the piracy<br /> <br /> of musical publications, together with notes and<br /> <br /> appendix, has now been issued in the form of a<br /> Blue Book.<br /> <br /> To all members of the Authors’ Society, whether<br /> writers or composers, this Blue Book is full of<br /> interest. Although the holder of musical copy-<br /> right is at present the worst sufferer by this form<br /> of infringement, the author of books is not entirely<br /> exempt. It is therefore of the greatest importance<br /> that an Act be passed to deal in an adequate<br /> manner with the doings of the pirate.<br /> <br /> Mention has already been made in this number<br /> of “The Author ” of the names of the gentlemen<br /> sitting on the Committee. There is no need to<br /> repeat the list.<br /> <br /> The following witnesses were called to give<br /> evidence before them :—<br /> <br /> Mr. Arthur Boosey, of Messrs Boosey &amp; OCo., Mr.<br /> David Day, of Messrs Francis Day and Hunter, Mr.<br /> Emile Enoch, of Messrs Enoch &amp; Co., who attended<br /> as representative of the French Music Publishers’<br /> Association, and Mr. H. R. Clayton, of Messrs<br /> Novello &amp; Co. ; Mr. John Abbot, Assistant Secre-<br /> tary, and Mr. Preston, Provincial Agent, of the<br /> Music Publishers’ Association; Mr. Lione. Monckton<br /> and Mr. Maybrick, two well-known musical com-<br /> posers ; Superintendent Moore, of the Metropolitan<br /> Police; Sir H. Poland, K.C.; Mr. Dickinson<br /> and Mr. Rose, Metropolitan Magistrates; and<br /> Mr. Willetts, who is known also by the name of<br /> Fisher and “ King of the Pirates,” manager of the<br /> People’s Music Publishing Company. It will be<br /> noticed that there are six representatives of the<br /> trade, and only two composers. When will the<br /> fact be fully recognised that although the trade,<br /> especially the music publishing trade, are constant<br /> purchasers of copyright, yet the composer is the<br /> <br /> 159<br /> <br /> originator of the work, and has the prior right to<br /> consideration ?<br /> <br /> The evidence, which is full of interesting infor-<br /> mation, cannot be dealt with in this number. The<br /> report of the majority of the Committee alone is<br /> summarized.<br /> <br /> Mr. Edward N. F. Fenwick (Chairman), Mr.<br /> William J. Galloway, M.P.. Mr. John Murray,<br /> and Mr. T. E. Scrutton, K.C., signed the Report.<br /> Mr. James Caldwell, M.P., dissenting, put forward<br /> his views in a separate document.<br /> <br /> Firstly, they deal with the manner in which the<br /> pirated music is sold by the hawkers to the public.<br /> This point is one of considerable importance, as on<br /> it are based the suggested remedies by which the<br /> street vendors may be dealt with.<br /> <br /> Secondly, with the method by which the works<br /> are printed and distributed to the hawkers in order<br /> to ascertain how to deal with the printers and<br /> distributing agents.<br /> <br /> Thirdly, they show from the evidence the<br /> enormous increase of this piratical trade.<br /> <br /> In 1901, 47 copyrights were infringed. There<br /> are now no less than 231 pirated editions of copy-<br /> right music on the market; and 460,000 copies.<br /> of pirated music were seized in the Metropolitan<br /> Police District alone between the Ist day of<br /> October, 1902, and the 31st day of December,<br /> 1903.<br /> <br /> To show how inadequate were the original<br /> remedies, Mr. Boosey stated that out of 12 civil<br /> actions prosecuted successfully by his firm, at the<br /> cost of £500, in two instances only did they<br /> succeed in recovering their costs from . the<br /> defendants.<br /> <br /> The Report states ‘it has been suggested the<br /> public benefit by the sale of pirated music,” but.<br /> the Committee have come to the conclusion that<br /> * the public have no right to benefit by assisting to<br /> plunder a class on which the Legislature has con-<br /> ferred statutory rights of property, although the<br /> protection afforded by the statute has proved<br /> insufficient to deal with an evil which was not for-<br /> seen at a time when the Act was passed.”<br /> <br /> The Committee next discussed the two following<br /> points raised in the evidence : (1) “ ‘hat the price<br /> charged for legitimate music is out of all propor-<br /> tion to the cost of production,” and (2) “that as a<br /> matter of fact it would be more profitable for both<br /> publisher and composer if a smaller royalty were<br /> paid and a less charge made for music.”<br /> <br /> The evidence and the deductions are not entirely<br /> satisfying. The price charged for legitimate music<br /> must be a question of supply and demand. This<br /> has been proved to be the case in the book market.<br /> There has been no complaint that a copyright<br /> book cannot be obtained at a short price, if there<br /> is a demand for a cheap form. Commenting on the<br /> 160<br /> <br /> second point the Report states that one firm of<br /> publishers had tried the experiment of issuing 6d.<br /> editions of certain songs, but this had not saved<br /> them from being pirated. ‘The witness stated that<br /> the pirates used the 6d. legitimate edition as a<br /> cloak, keeping it at the top of their stock to<br /> conceal inferior pirated copies.<br /> <br /> Dealing with the loss to publishers and com-<br /> posers, the Committee state “the composer, seeing<br /> his income gradually appropriated by others by<br /> illegal means, and the publisher, who has invested<br /> large sums of money in his business, on the<br /> strength of Parliament having given a property in<br /> copyright, look to Parliament, not unreasonably,<br /> to give them adequate protection.” This is true,<br /> but will they get what they want? Authors have<br /> been clamouring for years, but still there is no<br /> Copyright Bill.<br /> <br /> The incapacity of the existing law to check the<br /> evil is made apparent on the evidence, and the<br /> Committee proceed to dissect the inadequate<br /> remedies of the Act of 1902. Studied considera-<br /> tion of the reasons why the Act is not sufficiently<br /> powerful, are put forward. The Act gives power,<br /> under conditions, to seize pirated copies, and<br /> having seized them, to carry them before a Court<br /> of Summary Jurisdiction for destruction. The<br /> right of seizure, however, is limited, and no power<br /> is conferred by which premises can be entered by<br /> force and searched. ‘The power of destruction is<br /> also limited, as it is impossible to destroy without<br /> serving the hawker with a summons. Owing to<br /> the false address given by most hawkers it is<br /> almost impossible to do this. According to one<br /> witness, out of five or six thousand summonses<br /> issued only 287 have been served.<br /> <br /> Having set out succinctly all the preliminary<br /> issues, the Majority Report of the Committee sets<br /> ‘out its summary and its recommendations as<br /> follows :—<br /> <br /> SuMMARY.<br /> <br /> It will be seen from the above facts that an extensive<br /> ‘system of infringing copyright has sprung up which the<br /> remedies at present provided by law are powerless to sup-<br /> press. The opinion given by owners of musical copyright,<br /> that the Act of 1842 and the Act of 1902 have been quite<br /> ineffective to deal with the mischief, was corroborated by<br /> such experienced lawyers as Sir H. Poland, Mr. Dickinson,<br /> the magistrate at the Thames Police Court, and Mr. Rose,<br /> ‘the magistrate at the West London Police Court, and we<br /> find it to be quite justified by the facts.<br /> <br /> The hawker in the street cannot be successfully attacked<br /> by civil proceedings in the High Court, such proceedings<br /> being useless against an anonymous person of no means,<br /> He cannot be suppressed by the Act of 1902, for there is no<br /> power to obtain his true name and address for the purpose<br /> of serving a summons on him.<br /> <br /> Even if he is served, nothing can be done but to forfeit<br /> the few copies he is offering for sale at the time of seizure;<br /> and while the order is being made he is selling in another<br /> street fresh copies obtained from the secret store of the<br /> middleman,<br /> <br /> THE AUTHOR.<br /> <br /> The Act of 1842 cannot successfully restrain a printer<br /> and middleman who remain in the dark, who have no<br /> recognised place of business, nor means to pay damages or<br /> costs, and who, restrained by injunction, get a relation or<br /> friend to carry on their business. The Act of 1902 fails<br /> against them owing to the absence of a power of search.<br /> <br /> RECOMMENDATIONS,<br /> <br /> In our opinion, no remedies will be effective which do<br /> not recognise that the persons engaged in dealing in pirated<br /> music are men of no means or settled abode, nor amenable<br /> to civil proceedings, and are people who, as Sir H. Poland<br /> expressed it, are engaged in a common law conspiracy to<br /> infringe on rights of property. In our opinion, legislation<br /> to deal effectively with this evil must give :<br /> <br /> (1) A summary method of recovering penalties for<br /> printing and distributing piratical works. Such a proce-<br /> dure already exists in the Fine Art Copyright Act, 1862,<br /> and the Merchandise Marks Act, 1887.<br /> <br /> (2) In certain cases, a power of arrest, modelled on the<br /> procedure under the Metropolitan Police Acts, which<br /> has worked effectively and without causing complaint<br /> for some 60 years. This is essential to ensure that the<br /> offender shall be present at the summary proceedings<br /> and shall suffer the penalty he has incurred.<br /> <br /> (3) A power of search, between 9 a.m. and 6 p.m., to<br /> be granted only on a magistrate’s order made after<br /> hearing evidence on oath that it is probable that piratical<br /> music is stored in a particular house or building. This is<br /> necessary to reach the secret store where piratical copies<br /> are printed or kept for the purpose of furnishing the<br /> hawkers with supplies.<br /> <br /> DETAILED CONSIDERATION OF THE REMEDIES<br /> PROPOSED.<br /> <br /> We recommend that it should be made a penal offence,<br /> punishable by fine and forfeiture on summary conviction,<br /> for any person—<br /> <br /> ‘“‘(1) to print or cause or procure to be printed any<br /> pirated musical work ;<br /> <br /> (2) to distribute or carry about any pirated musical<br /> work for the purpose of being sold or dealt with in the<br /> course of trade ;<br /> <br /> ‘‘@) to sell or cause or procure to be sold, or expose,<br /> offer, or keep for sale, or solicit, by post or otherwise,<br /> orders for any pirated musical work ;<br /> <br /> ‘“‘(4) to import or export or cause to procure to be<br /> imported or exported any pirated musical work or the<br /> plates thereof ;<br /> <br /> ‘*(5) to be found in possession of any pirated musical<br /> work or the plates thereof for any of the purposes above<br /> mentioned.” :<br /> <br /> In the definition clause the word “plates” should be<br /> defined to include any stereotype or other plates, stones,<br /> or matrices or negatives used for the purpose of printing<br /> any pirated musical work.<br /> <br /> Finally, the Committee proceed to make fuller<br /> suggestions simplifying and defining the powers<br /> of arrest ; on what terms they should be given<br /> and how far they should extend. Search warrants<br /> are dealt with in the same way.<br /> <br /> The concluding words sum up the position :—<br /> <br /> (1.) That a widespread system of piracy which has<br /> grown up is doing very serious injury to the property of<br /> composers and publishers of music.<br /> <br /> (2.) That this piracy owes its origin to the inadequacy of<br /> the remedies provided by Parliament to protect the pro-<br /> perty it has created against persons of no means and:no<br /> settled abode who deliberately conspire to break the law.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> (3.) That fresh legislation on the lines above indicated<br /> jis necessary to protect adequately musical copyright, and<br /> that this legislation should give (a) a summary power of<br /> inflicting penalties on printers and sellers of piratical<br /> works; (0) a power of arrest of such offenders to ensure<br /> their being brought before the Court that can inflict those<br /> penalties ; (¢) a power of search for piratical works, to<br /> ensure their destruction.<br /> <br /> —__—___—_-—&lt;&gt;—_e_<br /> <br /> AUTHORS AND INCOME TAX.<br /> <br /> —_+<br /> <br /> HEN money is received by an author as<br /> consideration for conveyance of copy-<br /> right, should it be accounted as income ?<br /> <br /> Should it be reckoned in assessment for income<br /> tax ? Last December I wrote a short letter to<br /> the Zimes on this question, expecting a reply, or,<br /> possibly, many replies. There was none. Christ-<br /> mas week is, perhaps, a time when men do not<br /> care to discuss so unpleasant a subject as the<br /> income tax. It may be that no one could either<br /> improve my presentment of the problem or suggest<br /> a solution : but that I can hardly believe. I find<br /> that both publishers and authors have talked<br /> about my letter, but have stopped short of writing.<br /> I am disposed to return to the subject, treating it<br /> more in detail.<br /> <br /> 1 showed that an absurdity can be deduced<br /> either from an affirmative or from a negative<br /> answer. If it be denied:that moneys received on<br /> sale of copyright are income, it will follow that an<br /> author producing much work in a year and selling<br /> all copyrights to his publisher earns no taxable<br /> income : which seems absurd. On the other hand,<br /> if such moneys be reckoned as income, there is a<br /> consequence which I set out in a hypothetical case.<br /> J have published certain works which bring me in<br /> royalties of £60 a year. I sell the copyrights for<br /> £600, which I at once sink in a terminable annuity<br /> of £40. The effect is to reduce my income from<br /> this source by £20 a year. But if I reckon the<br /> £600 as income, and strike a three years’ average<br /> as usual, I shall make my taxable income from this<br /> source £240 for the current year, £220 for the<br /> next, and £200 for the third. I shall also be<br /> paying income tax on my £40 annuity. In sum,<br /> I shall pay for these three years income tax on<br /> £780, my actual income being £120. This also<br /> seems absurd. Can a solution be found for the<br /> two absurdities 2?<br /> <br /> In the case that I have supposed, the owner of<br /> the copyright regards it as an investment of<br /> capital. He realises this, and at once reinvests it,<br /> accepting a smaller income for the sake of greater<br /> security. If that be a true presentment, no one<br /> will contend that he should pay income tax on the<br /> sum received. But in the counter case of an<br /> <br /> TAR AUTHOR.<br /> <br /> 161<br /> <br /> author selling the copyright of his work as he<br /> produces it, and living on the proceeds, what shall<br /> we say? There is a distinction which seems to<br /> afford a rough practical solution of our problem.<br /> As the man treats the money received, so let it be<br /> regarded ; if he spends it as it comes, let it be<br /> called income ; if he reinvests it, let it be called<br /> capital. And as we have to assess ourselves under<br /> Schedule D, let each man return his income<br /> according to his consciousness of his practice.<br /> <br /> That seems fair ; but the solution will not bear<br /> examination. If I realise the value of an inyest-<br /> ment, [ am not bound to reinvest the money. I<br /> may spend it on my current needs or pleasures ;<br /> and the fact that I so spend it does not convert the<br /> money into income. So, too, if the sale of a copy-<br /> right is the realisation of capital, it does not<br /> change its character because the seller squanders<br /> or otherwise spends the money. A tax on money<br /> so received and spent is not an income tax, but an<br /> expenditure tax, of the kind which, I believe, the<br /> French Government is contemplating.<br /> <br /> On the other hand, if an author sell his copy-<br /> rights as they are created, and invest all the money<br /> received, he is accumulating wealth; and the<br /> Income Tax Commissioners will pertinently reflect<br /> that wealth is usually accumulated by saving out of<br /> income. Income tax is not remitted on income<br /> so saved, except illogically in the case of life in-<br /> surance, and every penny which the author lays<br /> by is income saved and invested. He should be<br /> taxed on all his receipts.<br /> <br /> That again seems fair at first sight. There is a<br /> distinction between realising the value of a copy-<br /> right and realising the value of an ordinary in-<br /> vestment. ‘The author has actually created the<br /> value of the copyright ; it is his payment for work<br /> done. But again there is a difficulty. The value<br /> of the copyright, created by his work, is the same<br /> whether he sells it or retains it. If, in the one<br /> case, the value received in cash is to be regarded<br /> as income, then, in the other case, the value<br /> retained in hand ought equally to be so regarded.<br /> An author making out his income under Schedule D<br /> should add to the sums actually received the esti-<br /> mated present value of the copyright of all works<br /> finished within the year. But will any one main-<br /> tain that such a calculation is contemplated by the<br /> law imposing the tax? A Surveyor of Taxes has<br /> referred me to the parallel case of a painter. He<br /> produces a picture as an author produces a book ;<br /> he sells the picture as the author sells his copyright ;<br /> what he receives for the picture is income. I do<br /> <br /> not know enough about the ways of artists to<br /> judge the accuracy of the comparison ; but, be it<br /> just or unjust, I point out to the Surveyor of<br /> Taxes that the painter enriches himself to the<br /> extent of the value of the picture, whether he sells<br /> <br /> <br /> 162<br /> <br /> it or no. He may retain it in hand for his own<br /> pleasure or profit, or for a mere whim: whyshould he<br /> escape income tax on that account? But do the<br /> Income Tax Commissioners levy a tax on a painter’s<br /> unsold pictures of the year ? Has Mr. G. F. Watts<br /> paid on the estimated value of his great collection<br /> as it was formed? If not, why should the copy-<br /> right values created by an author&#039;s work be regarded<br /> as taxable income? And why should those values<br /> be taxable in one case and not taxable in another<br /> case? What difference is made by the accidental<br /> distinction between retaining the value in its<br /> original form and exchanging it for an equal value<br /> in cash ?<br /> <br /> J have seen a distinction drawn between the sale<br /> of a copyright by the author, and its sale by some<br /> other person to whom it has been conveyed. In<br /> the former case, I am told, the money received is<br /> payment for work done, and so income; in the<br /> latter case it is payment for an annuity realised,<br /> and so is not income. I examine this distinction<br /> by applying it to an actual case. Sir Walter Scott<br /> died, leaving to his daughter many valuable copy-<br /> rights. To that fact, indeed, we owe our present<br /> law of copyright. I find it impossible to accept as<br /> reasonable a statement that money received for the<br /> sale of those copyrights would have been income<br /> on the 20th of September, 1832, and would not<br /> have been income on the 22nd of the same<br /> month.<br /> <br /> This attempted distinction, indeed, strengthens<br /> my conviction that the proceeds of a sale of copy-<br /> right are not in any case income. A copyright is<br /> a parcel of property, and in no case is the price<br /> received for sold property regarded as income.<br /> Income arises out of such a sale only when a profit<br /> is made by the act of selling, and that profit is<br /> something altogether different from the price paid.<br /> It is a trading profit. I do not know how an<br /> author makes a trading profit by the sale of his<br /> copyright. His agent does, no doubt; his pub-<br /> lisher may do; but that is quite another matter.<br /> The author should receive an exactly equivalent<br /> value. Where then is the income? If he is to<br /> pay income tax on the value that he has created<br /> by his work, he must be assessed when the copy-<br /> right comes into existence, not when it is sold :<br /> the sale adds nothing to the value. But how<br /> are the Commissioners of Income Tax going to<br /> arrange such an assessment ?<br /> <br /> A further difficulty presents itself. Payments to<br /> an author sometimes include consideration for con-<br /> veyance of copyright, without being wholly of that<br /> character. The copyright of contributions to a<br /> newspaper is understood to belong to the proprietors<br /> of the newspaper, unless it be expressly reserved.<br /> The publishers of some reviews and magazines<br /> take a conveyance of copyright of all articles. In<br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> <br /> <br /> these cases the author sells his copyright ; but the<br /> sum received bears no settled relation to the value<br /> of the copyright. That value is sometimes naught<br /> the matter being only of passing interest. The<br /> author has not in this case created a thing of<br /> permanent value, an investment, a transferable<br /> estate. But when this is granted, it may be said<br /> that some books fall into the same category. No<br /> one would ever dream of reprinting them, even if<br /> there were no law in restraint. Perhaps it will be<br /> answered that no publisher would pay anything for<br /> the copyright of such a work, but I have excellent<br /> reasons for knowing that an extraordinary act of<br /> this kind is not impossible. Shall such payments<br /> be regarded as mere eccentricities, minima with<br /> which the law need not be concerned ?<br /> <br /> This fantastic difficulty, however, may suggest<br /> a possible solution of our problem. In producing<br /> a work the copyright of which is valuable, an<br /> author creates a value, which there are good reasons<br /> for not regarding as income. His position is not<br /> unique. An owner of an estate who improves it<br /> by judicious management does the same thing:<br /> he is not required to return the increased capital<br /> value as income accruing, nor, if he sell the estate,<br /> will he treat any part of the purchase-money as<br /> income. His taxable income consists of the annual<br /> returns from the estate, whether rent or profits<br /> on occupation, secured without loss of ownership.<br /> Apply the analogy ; an author’s income consists of<br /> what he receives within the year for his works,<br /> without loss of copyright. If he dispose of the<br /> copyright on publication, he should divide the sum<br /> received into two parts—what he receives for con-<br /> veyance of copyright, and what he would receive<br /> in this particular instance if the copyright were<br /> reserved. The latter part is income, the former is<br /> not. In the case of a newspaper article the latter<br /> part may be the whole. In the case of a book<br /> which would otherwise be published on royalty,<br /> the former part will be the whole.<br /> <br /> I offer this suggestion for a solution of the<br /> problem. It may sometimes be difficult to dis<br /> tinguish accurately between income and other<br /> receipts ; but that is nothing new in the history —<br /> of the Income Tax.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> T. A. Lacey.<br /> 9<br /> RECENT CHANGES IN THE BOOK<br /> TRADE.<br /> Le<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> favourite topic of discussion with all —<br /> sections of the Book public, whether on —<br /> the producing or the consuming side. The past —<br /> year has witnessed a degree of discussion greater —<br /> <br /> <br /> <br /> organisation of the Book Trade is a<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> y<br /> <br /> 5<br /> 5<br /> ¥<br /> S<br /> <br /> e<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> almost than during the interesting period when the<br /> Society of Authors, in 1897, examined Publishers and<br /> Booksellers, Authors and Readers, in an endeavour<br /> to ascertain the causes of the decline in the book<br /> trade and the conditions of improvement. This<br /> revival of criticism is probably due in the main to<br /> the advent of at least three new factors in the<br /> competition for the public’s favour. From Not-<br /> tingham has come a new patent in the shape of a<br /> eash chemist who is covering the country with a<br /> network of chemist shops interlarded with book<br /> departments. _ Boots’ Booklovers’ Library and<br /> Boots’ Book Departments are already rivalling<br /> Mudie’s, Smith’s, and the great booksellers.<br /> <br /> From America, heralded with paragraphs re-<br /> counting phenomenal Canadian and States suc-<br /> cesses, and floated with a capital of millions of<br /> dollars, has appeared the Booklovers’ Library and<br /> the Tabard Inn Library, a company setting forth<br /> with the resolve to capture the field occupied at<br /> present by Messrs. Mudie, Smith, Cawthorn, and<br /> Hill on the one hand, and the London Library, the<br /> Grosvenor Library, and other eclectic institutions<br /> on the other.<br /> <br /> From London, acclaimed by Mr. G. Bernard<br /> Shaw, Mr. H. G. Wells, Mr William Archer, and<br /> others, has appeared Bookshops Limited, a com-<br /> pany which, with its Ideal Bookshops and Fiscal<br /> and War Catalogues, has started on its professed<br /> career of introducing new men and new methods<br /> to the English bookselling world.<br /> <br /> Whilst these are the conspicuous and obvious<br /> causes of the revival of critical interest, there are<br /> other and more far reaching movements in progress,<br /> destined to have even greater results in moulding<br /> the future of the book-trade. Of these the most<br /> important is the revolution in educational machinery<br /> effected by the Education Acts of 1902 and 1903.<br /> The bulk of the children of the country have been<br /> hitherto educated, not in the board schools, but<br /> in the volantary schools. These schools, supreme<br /> each over its own equipment, have made their own<br /> terms and arrangements with local booksellers and<br /> Educational Supply Associations as to the books in<br /> daily use. To-day all these schools are controlled<br /> by the County Educational Authorities under the<br /> headship of the Education Department, and the<br /> equipment is taken out of the hands of the local<br /> trustees and managers. The County Education<br /> Authority on the large scale, dealing directly with<br /> the publishers or with the wealthier among the<br /> Educational Supply Associations is destroying the<br /> trade of the small country bookseller so far as the<br /> supply of educational literature is concerned. ‘The<br /> Bookselling Trade is going the way of all other trades<br /> —the big industry and combined methods are<br /> <br /> _ superseding the small industry and isolated methods.<br /> <br /> There will soon be no room for the isolated book-<br /> <br /> THE AUTHOR.<br /> <br /> 163<br /> <br /> seller. In the meantime the Trade Journals and<br /> the meetings of the Booksellers’ Association bear<br /> witness to his apprehension.<br /> <br /> To some extent the same causes are operating in<br /> other countries. In France cutting prices and an<br /> excessive output are creating the same difficulties<br /> as have confronted the English bookseller. In<br /> America similar troubles show themselves.<br /> <br /> Side by side with the external changes in the<br /> book trade are other causes actively at work<br /> influencing the character of books bought. The<br /> chief features of recent bookselling have been on<br /> the one hand, the guinea book with colour print<br /> illustrations, and on the other, the pocket reprints<br /> of many firms, the more successful, the smaller and<br /> more dainty the format. It is a long cry from the<br /> Folio Shakespeare to the edition now inaugurated<br /> with “Romeo and Juliet ” for the waistcoat pocket.<br /> The six shilling novel, regarded by so many book-<br /> sellers as the mainstay of business is circulated<br /> more and more exclusively by libraries. The novel<br /> at three shillings and sixpence, at two shillings, and<br /> even at one shilling, is superseding it on the book-<br /> sellers’ shelves. ‘I&#039;he sixpenny reprints are no<br /> longer confined to the bookstalls, but assist to<br /> crowd the slender accommodation of the bookshops.<br /> <br /> These changes, and their end is not yet, are<br /> bitter to the bookseller. He can make his profit<br /> only by careful buying, by a large turnover in<br /> cheap literature, by an extension of his clienféle for<br /> expensive books.<br /> <br /> To the new companies, working on a larger scale,<br /> certain of their thirteenth copy, with a carefully<br /> audited system of accounts, these changes do not<br /> present the same terrors and alarms; for the book-<br /> buying public was never larger than to-day. ‘Two<br /> generations of universal elementary education,<br /> aided by an extension of the public library system<br /> which is percolating almost to every village in the<br /> country, are at last having their natural effect.<br /> For every “ patron of literature ” and founder of a<br /> private library of the past, we have to-day some<br /> hundreds of readers of books borrowed from the<br /> public libraries and of cheap books purchased from<br /> the shops. For every private school, working with<br /> the slenderest equipment and with cheap and<br /> nasty school literature of the days before 1870, we<br /> have to-day many publicly administered schools<br /> working with public money and a high standard<br /> of educational literature. And the libraries, re-<br /> garded for so long by booksellers astheir competitors,<br /> are proving more and more valuable as allies. As<br /> a public librarian said recently to the writer of<br /> this article, “fhe place for a bookshop is next door<br /> to a public library.” The books read and appre-<br /> <br /> or personal possession or to be distributed as gifts,<br /> (Ciated by borrowers, are exactly the books bough)<br /> Moreover, the recent movement among librarians<br /> 164<br /> <br /> which is making the library a more sensible<br /> institution, the lectures on books, the improved<br /> cataloguing, the open shelves, all tend to increase<br /> this ‘‘ book habit.”<br /> <br /> One fear, a natural one, of the smaller book-<br /> sellers has proved unfounded. It was expected<br /> that large soulless corporations would prove to be<br /> cutters, and would be a source of weakness to that<br /> reform movement which has achieved the “net”<br /> system. ‘They prove in effect to be supporters and<br /> upholders of the “ net” system.<br /> <br /> After all, the chief value of the system is that<br /> it removes the competition from one of cutting to<br /> one of competency. Under the old universal<br /> discount system, two rival booksellers, competing<br /> for a public library contract, would compete on<br /> the question of terms only, ever lowering prices<br /> until the attenuated margin of profit left no<br /> adequate remuneration for staff, equipment, or<br /> management. The library received its books at a<br /> cheap rate, but at the cost of the efficiency of the<br /> trade. The notorious decline of the trade, now<br /> reviving at last under more reasonable conditions,<br /> bore witness to the consequences.<br /> <br /> Under a complete “ net” system the same book-<br /> sellers would compete solely on the plane of effi-<br /> ciency. The firm with the best stock ready for<br /> examination by the Library Committee, with the<br /> promptest methods and with the most expert<br /> knowledge at its back, would secure the<br /> contract.<br /> <br /> The “net” system implies not only a higher<br /> margin of profit, but also a greater security of<br /> profit. Its extension, therefore, is desired not<br /> only by the Booksellers’ Association, but by the<br /> new companies, Each year has seen a consider-<br /> able growth in this movement. Most expensive<br /> books are now published “net,” most art books<br /> are now “net,” most scientific books are now “net,”<br /> most of the cheap art reprints are “net.” The<br /> six shilling novel and the sixpenny novel are<br /> the worst gaps in the system. The novel will<br /> probably become “ net” at a lower price than six<br /> shillings ; it may even drop to one shilling net<br /> and achieve a large circulation by sale, in place of<br /> its present lesser circulation by loan. The six-<br /> penny book sold at 5d. and 44d., presenting the<br /> slenderest profit to the bookseller, is a reproach to<br /> the past organisation of the trade. With only a<br /> limited foresight and a slender organisation, the<br /> two Trade Associations could have made it a<br /> “net” book. The public would have acquiesced<br /> with entire willingness, and the whole book world<br /> would have benefited.<br /> <br /> The public libraries do not altogether welcome<br /> this tendency, and in England, on the Continent,<br /> and in the States the library discount question is<br /> now under discussion.<br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Another change in progress in the trade is in<br /> the trained capacity of the assistants. Bookselling<br /> is a highly skilled trade. The narrow profits of<br /> the past resulted in highly skilled work being<br /> given to untrained hands and the downward<br /> tendency was thereby accelerated. An improve-<br /> ment, slow but gradual, is now taking place.<br /> <br /> In the privately-owned shops of the old system<br /> there was little prospect even for a competent<br /> assistant. In the organisation of a modern com-<br /> pany, many branches mean many managerships,<br /> An incentive and a stimulus is thus given to all<br /> grades. There is still great room for improve-<br /> ment, as all book buyers realise, but the new<br /> combined systems open the door to improvements<br /> of which the result will be a trained and educated<br /> assistant doing work in a trained and educated<br /> manner.<br /> <br /> In this connection the proposed School of Book-<br /> selling is of practical interest. Germany has already<br /> such a school, and with its initiation here we may<br /> hope to realise the ideal expressed by Mr. William<br /> Heinemann, at the Publishers’ Association Congress<br /> in 1897: “Many assistants—I might almost say<br /> most of the assistants—in booksellers’ shops in<br /> Germany have matriculated at one of the Univer-<br /> sities, and seldom, if ever, do you find an assistant<br /> who is not capable of compiling a catalogue, for<br /> instance, to satisfy the exigent requirements of the<br /> Librarian of the British Museum.”<br /> <br /> That such a school would be eminently desirable<br /> there can be no two opinions. Probably it could<br /> be most effectively organised by co-operation with<br /> the Library Association. In the States the library<br /> school at Columbia University is inspiring the<br /> movement for education among booksellers. In<br /> London the very practical programme of the<br /> Library Association Courses given at the London<br /> School of Economics could easily be adapted to<br /> the requirements of booksellers’ assistants equally<br /> with librarians’ assistants.. Lectures on classifica-<br /> tion, cataloguing, the care of books, and book-<br /> binding, would be as beneficial to one class of<br /> assistant as to the other.<br /> <br /> On all sides, then, the book trade shows signs<br /> of rapid development. The older firms are some<br /> of them realising the new conditions, and by<br /> reasonable changes are adapting themselves to the<br /> newera. The advent of new men and new methods<br /> is proving a valuable stimulus. The old is in com-<br /> petition with the new. It remains to be seen which<br /> will absorb the other.<br /> <br /> <br /> <br /> <br /> <br /> <br /> :<br /> <br /> THE AUTHOR.<br /> <br /> PUNCTUATION IN THE TWENTIETH<br /> CENTURY.<br /> <br /> oe -<br /> <br /> Commas and points they set exactly right<br /> And °twere a sin to rob them of their mite,<br /> <br /> OR much of the punctuation of modern books<br /> and newspapers the type setter or the<br /> printer’s reader must I fancy be held respon-<br /> <br /> sible, as a rule. I do not know whether eminent<br /> authors ever venture to differ from the latter and<br /> to assert themselves sufficiently to make alterations<br /> in proofs where questions of principle are involved<br /> and where stops have been in their opinion wrongly<br /> inserted or omitted, but if any do this they must<br /> be courageous and industrious persons. I once<br /> showed the proofs of an unimportant work of my<br /> own to an erudite, but withal fidgety, literary man,<br /> and he raised an outcry at the liberal way in which<br /> the first page was peppered with commas. At his<br /> suggestion I therefore proceeded to take some of<br /> them out, and indeed to a certain extent I shared<br /> his objection to them, but when I had corrected a<br /> page or two as he would have me do it, I realised<br /> the labour which I had undertaken, if I was going<br /> to pursue the same course through two or three<br /> hundred pages. I also was impressed with the<br /> certainty that by omitting to carry out in all cases<br /> whatever principle I might endeavour to lay down<br /> for myself, I should be inconsistent in many in-<br /> stances. I accordingly changed my mind while<br /> there was time, a few ‘“stets”’ replaced my correc-<br /> tions and I am confident that whatever sense<br /> there may have been in my work was not impaired<br /> by my non-interference. Writers, of all men, should<br /> give the devil his due.<br /> <br /> If however the typist, who must not be for-<br /> gotten, and the printer insert commas or substitute<br /> colons and semi-colons for the author’s benefit,<br /> excessive stopping amounts often to a nuisance,<br /> and sometimes constitutes a danger. The couplet<br /> from Pope at the head of this article, has been<br /> borrowed (without verification I confess) from the<br /> review of a work on punctuation published in 7’he<br /> Gentleman’s Magazine, 1785. I have ventured to<br /> differ from the reviewer by omitting a comma,<br /> which he inserted at the end of the first line,<br /> because I believe such a comma to be superfluous<br /> with the “and” following. If I am wrong<br /> perhaps some reader of The Author will correct<br /> me and will say if there is any reason, such as a<br /> change of subject in the second clause, to necessi-<br /> tate a stop.<br /> <br /> As an instance of the mischief of over stopping,<br /> I would quote the speech with which Lafeu opens<br /> « All’s Well that Ends Well,” Act IT., Scene 3:<br /> <br /> “They say miracles are past, and we have our<br /> philosophical persors, to make modern and familiar<br /> <br /> 165<br /> things supernatural and causeless. Hence it is<br /> that we make trifles of terrors.”<br /> <br /> I have punctuated the quotation as it stands in<br /> the First Folio Edition, but later than that (¢y.,<br /> in the 8vo Edition printed by Tonson in 1709) it<br /> remained practically the same. Afterwards, how-<br /> ever, I suppose with the idea of making the<br /> meaning clearer, a comma was put in, and nonsense<br /> was made of the passage by placing it after<br /> “things,” so that philosophers were represented<br /> as “making familiar things, supernatural,” hardly<br /> a step towards “ making trifles of terrors.”<br /> <br /> How prevalent this stopping became I do not<br /> know, but it exists in the text as edited by Malone,<br /> <br /> 1821, and was sufficiently common to cause a<br /> <br /> writer in Notes and Queries to call attention to<br /> it as the usual but erroneous punctuation in 1853.<br /> He assigned the credit of the emendation which he<br /> recommended (placing the comma after “ familiar ”<br /> instead of after “ things”) to Mr. W. R. Grove,<br /> Q.C. Mr. Justice Grove, as he afterwards became,<br /> was a learned gentleman, well known as a man of<br /> science and also apparently a lover of literature, as<br /> well as a mere judge, and if he was the first to<br /> point out the mistake, he deserves honour for it.<br /> The comma is placed after familiar in the text,<br /> edited by the Reverend A. Dyce, 1866, and pre-<br /> sumably in all editions published since, but it is<br /> open to the observation that no punctuation is<br /> really needed although, correctly introduced, it<br /> affords assistance. With regard to the stop after<br /> “ past,” which in some editions is a comma, in<br /> others a semi-colon, I submit that this is only<br /> necessary in order to mark the end of the quotation<br /> following “ they say.”<br /> <br /> In the days when eccentricities of stopping<br /> excited more attention than they do now the<br /> following sentence, from Bentley’s “ Dissertation on<br /> the Epistles of Phalaris,” as edited by Dr. Samuel<br /> Salter, of the Charterhouse, was quoted as an<br /> example of strange punctuation by an eighteenth<br /> century critic with an expression of surprise at the<br /> use made of the semi-colon: ‘It is evident then ;<br /> that if Atossa was the first inventress of Epistles ;<br /> these that carry the name of Phalaris, who was<br /> so much older than her must be an imposture.—<br /> But if it be otherwise; that he does not” etc. etc.<br /> The use of “her” for “she,” if correctly quoted<br /> by the writer is not commented upon.<br /> <br /> Punctuation however does not seem now to require<br /> dissertations and pamphlets to lay down its rules, or<br /> to correct and discourage innovations. Possibly this<br /> is because every man is a law unto himself in the<br /> matter, with the lady at the typewriter, and the<br /> printer’s reader, who at least is consistent with<br /> himself, to introduce order where the author’s<br /> unaided efforts do not result in uniformity or<br /> sense. It cannot however I think be claimed<br /> <br /> <br /> 166<br /> <br /> that all modern printers observe the same methods,<br /> but simply that each follows a course of his own<br /> as constantly as possible.<br /> <br /> Minor guides to punctuation are obtainable, no<br /> doubt, but they are hardly works of the literary<br /> importance of their predecessors.<br /> <br /> No modern law-reporter has emulated Sir James<br /> Barrow with a work “ De Ratione et Usu Inter-<br /> pungendi,” nor has any erudite divine endeavoured<br /> in an “ Essay on Punctuation” to “illustrate a dry<br /> and unpromising subject, with a variety of elegant<br /> and entertaining examples,” or if they have done<br /> so their work has not been sufficiently advertised<br /> and [pushed to cbtain the modern equivalent for<br /> fame.<br /> <br /> Whether the compiler of “ Literary Anecdotes of<br /> the Eighteenth Century ” in the sentence which I<br /> have quoted from his complimentary notice of<br /> the Reverend Joseph Robertson’s work inserted<br /> a comma after “subject” in obedience to rules<br /> laid down in it, I know not, for I have not read it,<br /> but in any case I venture to protest against the<br /> “virgil”’ as wholly superfluous.<br /> <br /> In another place he writes of the same work<br /> “ Although the subject is dry and unpromising, it<br /> is enlivened, by the Author, with a great variety<br /> of apposite examples, pleasing sentiments, and<br /> ingenious remarks.” JI may be wrong but I<br /> should omit two or three commas in such a<br /> sentence, and I doubt if the sense would suffer.<br /> Of course, if we regard stops as necessary guides<br /> to a person who is. going to read the sentence<br /> aloud at sight, I grant they may be useful<br /> although they are not ornamental. They will<br /> show him to some extent where to pause and<br /> take breath. .<br /> <br /> The colons which mark the pause in each verse<br /> of the Psalms have often been protested against as<br /> a misuse of stops for which an asterisk or some<br /> other symbol should be substituted ; they are<br /> however so familiar to English readers that they<br /> are not misleading. That stops are not necessary<br /> to sense is shown by the absence of them from<br /> deeds, where they are omitted for the very reason,<br /> that wrongly inserted as in the instance from<br /> Shakespeare quoted above, they cause confusion.<br /> Their absence however compels careful drafting<br /> and close attention to the meaning of every word<br /> and sentence,<br /> <br /> I have not touched upon the history of punctua-<br /> tion, which in its earlier stages appears to be some-<br /> what obscure, but I take it that to some extent<br /> printing rendered rules necessary, and that gradually<br /> they came to be understood by the printer at least<br /> as well as by the writer. There is a passage with<br /> regard to them in an old book where “come” is<br /> used for “colon” and “ virgil” for “comma,” of<br /> course from virgula, the modern French virgule,<br /> <br /> THE AUTHOR.<br /> <br /> having as its origin a straight stroke of the<br /> pen.<br /> <br /> The learned author thus quaintly explains and<br /> illustrates his meaning :—<br /> <br /> “A. come is with tway tittels this wyse:<br /> betokynynge a longer rest.” “A parenthesis is<br /> with tway crokyd virgils, as an olde mone and a<br /> new bely to bely.”” He adds that the words in<br /> a parenthesis are.“ soundyde comynly a note lower<br /> than the utter clause,” and the use of stops to<br /> mark the pause for those who read aloud when<br /> books were scarce, is evidently what he had in his<br /> mind throughout. Books are not scarce in the<br /> twentieth century, and reading aloud is little<br /> practised, but no doubt even for those who read to<br /> themselves, the free use of the comma and colon<br /> helps to make the sense clear where the order of<br /> the sentence would not alone be sufficient. I<br /> venture to urge nevertheless that they should be<br /> used as sparingly as possible.<br /> <br /> E. A. A.<br /> <br /> ————1—~&gt;—+<br /> <br /> A PLEA FOR PEDANTRY.<br /> <br /> —-—<br /> <br /> ISS MASSON’S article in last month’s<br /> Author tempts me to add a few more<br /> examples of how English is, and ought<br /> <br /> not to be, written.<br /> <br /> The first of these is one of the many instances<br /> in which the order of words presents a trap for the<br /> unwary writer: “ Bob had been struggling with<br /> his wife and one boy on a narrow income.”<br /> Grammatically the statement is faultless ; but the<br /> picture called up, of physical domestic strife, is<br /> certainly not that which the author intended to<br /> suggest. Here is a worse case—from the columns<br /> of an old-established daily paper: “ Very winsome<br /> is Maria Walpole, Countess of Waldegrave, whose<br /> illegitimate birth did not hinder her from espousing<br /> en secondes noces William Henry, Duke of Gloucester,<br /> a kind looking man with an aquiline nose, though<br /> the marriage was regarded with such disfayour by<br /> George III., ete.”<br /> <br /> The next comes from the pages of a particularly<br /> successful novelist: “ He had been vouchsafed two<br /> of the best gifts wherewith Providence can equip<br /> aman.” Now, “him” in the expression “had<br /> been vouchsafed him” is a dative; and a dative<br /> cannot properly be made the nominative of a<br /> passive construction.<br /> <br /> Persistent misuse has rendered most of us<br /> callous to “he was given” and “he was told” ;<br /> but against “he was vouchsafed” we may still, I<br /> hope, protest.<br /> <br /> Akin to this is the shocking use of “ whom” as<br /> a nominative: “those whom Providence had<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> destined should. be the chief ornaments of her<br /> visiting list.” Twice within a hundred pages does<br /> this “vicious locution” appear in the excellent<br /> and careful novel of a well-known writer. IT am<br /> tempted to borrow her own idiom and say of her :<br /> “whom, I am sure, can never have learned Latin<br /> grammar.” For indeed the study of the Latin<br /> grammar, though it may perhaps yield but<br /> inadequate returns for the inordinate amount of<br /> time expended upon it does at least inculcate<br /> the difference between nominatives, datives, and<br /> accusatives.<br /> <br /> Pronouns afford many opportunities both for<br /> error and for ambiguity. I remember seeing a<br /> school girl’s examination paper which contained<br /> the statement : “Tyndale and Coverdale translated<br /> the Scriptures and they were chained to the read-<br /> ing desks in the churches an example that may<br /> be commended to those grammarians who believe<br /> « which” to be an equivalent of “and they.” The<br /> next three instances all exemplify that common<br /> variety of error: a want of grammatical concord<br /> between the parts of a sentence. The first, I regret<br /> to say, comes from a letter written in a publisher’s<br /> office : “ While in this particular case we should<br /> have liked to be charitable, we are not in a position<br /> to do so.” The second is an advertisement by the<br /> City of London Union: “Candidates must have<br /> had practical experience in laundry work, and also<br /> be a good ironer.” The third, which I unfortu-<br /> nately omitted to copy into my collection, occurred<br /> in a singularly ill-written novel. Its form was<br /> as follows, the dotted line representing various<br /> intermediate clauses: “ While still quite a young<br /> man .. . his mother had died.”<br /> <br /> Many of these faults display an ignorance of fine<br /> grammatical—in other words of fine logical—dis-<br /> tinctions, which is rendered possible by the com-<br /> paratively uninflected character of our tongue. A<br /> German of even rudimentary education would<br /> know better than to write: “he had been youch-<br /> safed.” The fact that gender and case are not<br /> shown by our nouns and adjectives nor number by<br /> our verbs makes it necessary to teach these dis-<br /> tinctions with peculiar care to English children.<br /> Grammar is really a branch of logic; and the<br /> intelligent teaching of grammar—which in this<br /> country is extraordinarily rare—is really an educa-<br /> tion in thinking.<br /> <br /> Another whole group of errors arises from the<br /> further fact that the English language is so largely<br /> made of words whose derivation is not evident<br /> except to persons acquainted with some other<br /> language. ‘This fact it is which allows the lady<br /> who answers correspondents in a “ women’s paper C<br /> to write: “Do not, I abjure you, have a red carpet<br /> with those pink walls,” or for a working-man<br /> speaker to draw distinctions—to the bewilderment<br /> <br /> THE AUTHOR.<br /> <br /> 167<br /> <br /> of his audience—between: “female labour and<br /> manual labour.”<br /> <br /> Whether the errors that stand last recorded in<br /> my note book belong to this class, whether they<br /> are an example of sheer aphasia or whether their<br /> author might be a fitting candidate for that post<br /> of “lunatic attendant ” which the local authorities<br /> of St. Marylebone advertise as vacant, I cannot<br /> take upon me to decide. ‘They come from a review<br /> of a novel, and the review was published by a<br /> newspaper which prides itself upon being literary<br /> in tone: “he has too large and acute a failing for<br /> ihe dramatic... . Io his latest: novel Mr. X-<br /> suffers the lovers of the dramatic too lightly... .<br /> There is Y. Z. comfortable, British, without humour<br /> or imagination, but with a saving sense of<br /> graduation.”<br /> <br /> A “failing for the dramatic,” a “large and<br /> acute” failing ? “A saving sense of eraduation”’ ?<br /> What, in this context can “ graduation ” possibly<br /> stand for? A dressmaker of my acquaintance<br /> used to talk of “ gradulated”’ flounces. Had she,<br /> I wonder, a saving sense of graduation ? These<br /> questions have haunted me ever since I read these<br /> dark passages as I sat at breakfast one morning<br /> last autumn. I pass them on for solution to the<br /> readers of Zhe Author.<br /> <br /> CLEMENTINA BLACK.<br /> <br /> —_————__+—-_ +&quot;<br /> <br /> CORRESPONDENCE.<br /> <br /> a<br /> Morr PEDANTRY.<br /> <br /> Sir,—Surely “A Pedant” needs no apology for<br /> calling the attention of your readers to the careless<br /> style of composition so often met with in current<br /> literature, and Ze Author will do a good work if<br /> it encourages other pedants to come forward and<br /> assist in freeing “our stately and beautiful lan-<br /> guage” from some of the mistakes and inaccuracies<br /> that so frequently disfigure it.<br /> <br /> To the long list of errors noticed last month<br /> may be added—obscurity caused by the misuse of<br /> the ellipsis. It is difficult in conversation or in<br /> hasty letter-writing to be always quite correct<br /> in expression, and, as a rule, the speaker’s or<br /> correspondent’s meaning is readily guessed ; but<br /> deliberate composition should not be marred by<br /> carelessness. Lillipsis is employed to avoid the<br /> <br /> repetition of a word or a phrase, and it follows<br /> that the word or phrase previously used should be<br /> mentally supplied by the reader, not only in mean-<br /> ing, but in number, gender, and tense of verb. It<br /> is almost safe to assert that out of ten sentences<br /> ending in the words ‘to do so ” or “doing so,”<br /> 168<br /> <br /> eight are ungrammatical. The daily paper, “a<br /> chartered libertine,” abounds in examples of such<br /> sentences, but I give a few quotations from well-<br /> known writers. “ Do you think of coming again ?”’<br /> ‘‘T want to.” ‘ Every one but the working man,<br /> who, having no voice in Parliament, was regarded<br /> as the common prey of those who had.” “T am<br /> unable to think, however, that this had that adverse<br /> effect upon their circulation that it ought to.” “I<br /> have never heard one.” “ Let me advise you never<br /> to do so.” “Yet he knew her, or ought to.”<br /> “Backing bills was the one thing he never did,<br /> never had done, and never would.”<br /> <br /> ANOTHER PEDANT.<br /> <br /> —_— t+<br /> <br /> “NEw DEPARTURE IN EDITING.”<br /> <br /> Sir,—The Editor of Pearson’s, and he alone,<br /> so far as my experience goes, employs a novel<br /> method in dealing with his rejected contributions.<br /> He returns them in excellent time with no unneces-<br /> sary delay, and makes an honest attempt to account<br /> for their rejection in terms which should satisfy<br /> any reasonable author.<br /> <br /> This seems to me a noteworthy effort in the<br /> direction of justice. And what he can do, other<br /> editors can and ought to do.—Yours truly,<br /> <br /> ALFRED PRETOR,<br /> St. Catherine College,<br /> Cambridge.<br /> P.S.—I would suggest some such form as the<br /> following—merely an amplification of Pearsons’<br /> scheme :—<br /> <br /> THE EpITOR’s COMMENT :—<br /> <br /> <br /> <br /> Too long<br /> <br /> <br /> <br /> Too short<br /> <br /> Unsuitable in subject<br /> ee<br /> <br /> Feeble in plot |<br /> <br /> ee<br /> <br /> Weak in style<br /> <br /> <br /> <br /> Promising |<br /> renee ers<br /> <br /> General Remarks—<br /> <br /> ee ee Oa<br /> <br /> With the Editor&#039;s Compliments,<br /> <br /> THE AUTHOR.<br /> <br /> GEORGE GISSING.<br /> <br /> Dear S1r,—Unconsciously George Gissing wrote<br /> his own epitaph in those last lines of one of hig<br /> finest novels.<br /> <br /> “* Dead, too, in exile, poor fellow !” are the words<br /> of Godwin Peak’s friend, when he hears that the<br /> wanderer is buried in a foreign land. :<br /> <br /> George Gissing, too, was a wanderer; but no<br /> man loved his native country more dearly, and hig<br /> dream was to have an English home again. He ig<br /> laid to rest in the little cemetery of St. Jean de<br /> Luz. From his grave there is an admirable view<br /> of the mountains of Spain—a view that he delighted<br /> in himself. His grave is at present covered with<br /> flowers, most of which have been sent from England<br /> or laid there by members of the English colony at<br /> St. Jean de Luz.<br /> <br /> In the years to come, how can George Gissing’s<br /> friends continue to send their flowers to his grave,<br /> so far away? It occurred to me that perhaps<br /> the Society of Authors could help us in this<br /> matter.<br /> <br /> When Guy de Maupassant’s mother died recently,<br /> she left a certain sum of money with the French<br /> Society of Authors, the interest of which was to be<br /> used for keeping flowers on her son’s grave. As<br /> George Gissing is buried in a foreign land, and<br /> as there are, no doubt, numbers of his friends who<br /> would like to have the privilege of sending their<br /> little tribute to his tomb, would the Society of<br /> Authors help us by receiving subscriptions and<br /> making the necessary arrangements ?<br /> <br /> Yours truly,<br /> Auys HaLarp.<br /> 60, Rue de Vaugirard, Paris.<br /> —— 1<br /> <br /> SERIAL RIGHTS.<br /> <br /> Sir,—In a past number of Zhe Author I see a<br /> reference to a case where the serial rights of an<br /> essay, having been sold to an American, were<br /> reprinted in an English periodical.<br /> <br /> I can parallel this ina very small instance that,<br /> occurred to myself.<br /> <br /> Some time ago I sent a photograph of a some-<br /> what curious subject to an English journal with a<br /> short descriptive article. It was declined and<br /> returned tome. I then sent it to an American<br /> publication who accepted and paid for it. Not very<br /> long afterwards I was astonished to see a process<br /> photo of the American engraving that had been<br /> made from my contribution, in the very same<br /> English journal that had declined it in the first<br /> instance !—] am, yours truly,<br /> <br /> “FREE LANCE.”https://historysoa.com/files/original/5/491/1904-03-01-The-Author-14-6.pdfpublications, The Author
492https://historysoa.com/items/show/492The Author, Vol. 14 Issue 07 (April 1904)<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=49&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=%3Cem%3EThe+Author%3C%2Fem%3E%2C+Vol.+14+Issue+07+%28April+1904%29"><em>The Author</em>, Vol. 14 Issue 07 (April 1904)</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>1904-04-01-The-Author-14-7169–196<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=89&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=14">14</a><a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=76&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=1904-04-01">1904-04-01</a>719040401Che Huthbor.<br /> <br /> (The Organ of the Incorporated Society of Authors.<br /> <br /> Monthly.)<br /> <br /> FOUNDED BY SIR WALTER BESANT.<br /> <br /> <br /> <br /> <br /> <br /> Vou. XITV.—No. 7<br /> <br /> <br /> <br /> TELEPHONE NUMBER :<br /> 374 VICTORIA.<br /> <br /> TELEGRAPHIC ADDRESS :<br /> AUTORIDAD, LONDON.<br /> <br /> <br /> <br /> —————_+——¢<br /> <br /> NOTICES.<br /> <br /> Boe<br /> OR the opinions expressed in papers that are<br /> signed or initialled the authors alone are<br /> responsible. None of the papers or para-<br /> graphs must be taken as expressing the opinion<br /> of the Committee unless such is especially stated<br /> to be the case.<br /> <br /> Tue Editor begs to inform members of the<br /> Authors’ Society and other readers of The Author<br /> that the cases which are from time to time quoted<br /> in The Author are cases that have come before the<br /> notice or to the knowledge of the Secretary of the<br /> Society, and that those members of the Society<br /> who desire to have the names of the publishers<br /> concerned can obtain them on application.<br /> <br /> es<br /> List of Members.<br /> <br /> Tue List of Members of the Society of Authors<br /> published October, 1902, at the price of 6d., and<br /> the elections from October, 1902, to July, 1903, as<br /> a supplemental list, at the price of 2d., can now be<br /> obtained at the offices of the Society.<br /> <br /> They will be sold to members or associates of<br /> the Society only.<br /> <br /> os<br /> <br /> The Pension Fund of the Society.<br /> <br /> Tue Trustees of the Pension Fund met at the<br /> Society’s Offices on the 19th of February, and<br /> having gone carefully into the accounts of the<br /> fund, decided to purchase £250 London and North<br /> Western 3% Debenture Stock. Accordingly, the<br /> <br /> investments of the Pension Fund at present<br /> <br /> : os XIV.<br /> <br /> Aprit ist, 1904.<br /> <br /> <br /> <br /> [PRicE SIXPENCE.<br /> <br /> standing in the names of the Trustees are as<br /> <br /> follows.<br /> This is a statement of the actual stock; the<br /> <br /> money value can be easily worked out at the current<br /> price of the market :—<br /> <br /> <br /> <br /> Wonsolg2t £1000 0 0<br /> Weocal oaus ©... 500 0 0<br /> Victorian Government 8 % Consoli-<br /> dated Inscribed Stock ............... 291 19 11<br /> War loan &lt;0... 201 9 8<br /> London and North Western 3 °% Deben-<br /> MUTE SOCK 250 0 O<br /> Oba eS 2243 9 2<br /> Subscriptions from October, 1903.<br /> £s.d.<br /> Nov. 13, Longe, Miss Julia. ; - 0.900<br /> Dec. 16, Trevor, Capt. Philip 0. 5 0<br /> 1904.<br /> Jan. 6, Hills, Mrs. C. H 075 0<br /> Jan. 6, Crommelin, Miss 010 0<br /> Jan. 8, Stevenson, Mrs. M. E. 0 5 0<br /> Jan. 16, Kilmarnock, The Lord . 010 0<br /> Feb. 5, Portman, Lionel . : ~ 1 0.0<br /> Feb. 11, Shipley, Miss Mary ‘ ~ 0 5 0<br /> Diiring, Mrs. . ; - 0 5 0<br /> Francis Claude de la Roche . 0.50.0<br /> Donations from October, 1903.<br /> Oct. 27, Sturgis, Julian : .50 0 0<br /> Noy. 2, Stanton, V. H. : : - dO 0<br /> Nov. 18, Benecke, Miss Ida. : . 1:0 0<br /> Noy. 23, Harraden, Miss Beatrice 5 0 0<br /> Dec. Miniken, Miss Bertha M. M.. 0 5 0O<br /> 1904.<br /> Jan. 4, Moncrieff, A. R. Hope . . oo 0 0<br /> Jan. 4, Middlemas, Miss Jean . ~ 0 10 20<br /> Jan. 4, Witherby, The Rev. C. . 0 5 0<br /> Jan. 6, Key, The Rev. S. Whittell 0. 5.0<br /> Jan. 14, Bennett, Rev. W. K.,D.D. . 015 0<br /> Jan. 2, Roe, Mrs. Harcourt : , 010 6<br /> Feb. 11, Delaire, Miss Jeanne . . 0 10 0<br /> <br /> <br /> THE AUTHOR.<br /> <br /> FROM THE COMMITTEE.<br /> <br /> ——<br /> <br /> HE March meeting of the Committee was<br /> held at the offices of the Society on Monday,<br /> March 7th.<br /> <br /> Twenty-six members and associates were elected,<br /> making the total number of elections for the current<br /> year 78. ‘There is no sign that the steady increase<br /> in the Society’s numbers is falling off. The number<br /> of fresh members who have joined during the past<br /> three months of the current year is in excess of the<br /> number for the same period during the past three<br /> years.<br /> <br /> ; ‘A letter from the Secretary of the United States<br /> Copyright Association was submitted to the Com-<br /> mittee, The Secretary of the Association desires<br /> a report from our Society on the disadvantages of<br /> the present United States Copyright law, but in<br /> his letter excludes the question of printing in the<br /> United States which under the present law<br /> is essential. His Association consider that no<br /> alteration could be made in that direction unless<br /> there was a change in the Tariff Policy of the<br /> country. The Managing Committee of the Society<br /> <br /> have decided to call together the Sub-Committee<br /> on Copyright, and, taking up the Secretary’s sug-<br /> <br /> gestion, will send a full report on the present<br /> aspects of the law, in answer to the courteous<br /> request of the Association.<br /> <br /> The Sub-Committee which was appointed to con-<br /> sider some points in the editorship of Zhe Author<br /> laid their report before the Managing Committee,<br /> who gave their general approval to the proposed<br /> alterations. Members will, in the fulness of time,<br /> see the slight alterations and modifications that<br /> have been suggested by the Sub-Committee.<br /> <br /> The Chairman and Secretary gave a full report<br /> of the action that had been taken to deal with the<br /> infringement of Mr. Rudyard Kipling’s ‘“‘ Barrack<br /> Room Ballads.” The Committee assented to the<br /> course.<br /> <br /> On the receipt of a letter from the Clerk of the<br /> London County Council, the question of a site for<br /> the replica of the Besant Memorial was further<br /> considered. The Committee decided to adhere<br /> to their former proposal that the bronze should be<br /> placed, if possible, on the Embankment.<br /> <br /> One or two other matters of no great importance<br /> were discussed, but no cases for legal action came<br /> forward for the consideration of the Committee,<br /> although, during the past month, the Chairman<br /> has sanctioned three County Court actions.<br /> <br /> es<br /> <br /> Cases.<br /> During the past month thirteen cases have been<br /> in the hands of the Secretary.<br /> Five of these were for the payment of money<br /> <br /> for published contributions, one for money and<br /> <br /> accounts, three for accounts, and three for the<br /> <br /> cancellation of agreements. From the first class<br /> three have been settled and the money paid. The<br /> case for money and accounts has been placed in<br /> the hands of the Society’s solicitors, as it was<br /> impossible for the Secretary to obtain any satis-<br /> factory reply to his communications. In the<br /> next class one publisher has promised to forward<br /> the statement in a few days; one has complied with<br /> the Secretary’s request, and in the remaining case<br /> the letter of demand has only just been written.<br /> <br /> There are three cases for cancellation of agree-<br /> ments. These not unfrequently arise under the<br /> following circumstances. ‘The publishers under an<br /> agreement to publish bring out books, and when<br /> there is no longer a demand for the work sell off<br /> the stock as “remainders.” The book may then<br /> be off the market for some years ; but the agree-<br /> ment for publication still exists between author and<br /> publisher, though there is no probability of its<br /> being of any monetary value to the publisher in<br /> future. The author, for sentimental reasons, very<br /> often desires the agreement cancelled so that he<br /> may regain all the rights in his property. It is<br /> extraordinary the difference that a publisher will<br /> place on the value of an agreement of this kind<br /> when he is buying, from when he is trying to sell.<br /> Sometimes it happens that the publisher offers the<br /> remainder of the book and the cancellation of the<br /> agreement to the author as a matter of courtesy at<br /> a reasonably low price, but if before the publisher<br /> has made the offer, it appears that the author is —<br /> desirous of purchasing, then the price is generally<br /> twice as large. Again, if the right to publish a —<br /> book which has been off the market under these<br /> conditions, is offered to a publisher, he will usually<br /> state that it is not worth his while to give anything<br /> for the licence, but if the author desires to purchase<br /> the rights from the publisher under the agreement,<br /> the price asked is exceedingly high. The publisher<br /> prefers to sit like the dog in the manger.<br /> <br /> This, however, is not always the case, as it<br /> occasionally happens that the publisher will make<br /> every effort to assist an author, and will give him<br /> every facility for recovering his rights.<br /> <br /> One of the County Court cases sanctioned by —<br /> the Chairman has been satisfactorily concluded.<br /> <br /> oe<br /> <br /> March Elections.<br /> Barrett-Hamilton, Capt. Kilmanock House, a<br /> G. E. ’ Arthurstown, Water- _<br /> ford, Ireland.<br /> Rangoon, Burma.<br /> The Hollies, Egham, —<br /> Surrey. :<br /> <br /> Basevi, Capt. W. H. F. .<br /> Budgen, Miss<br /> <br /> . .<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 127, Beverley Road,<br /> Hull.<br /> <br /> 110, Musters Road,<br /> West Bridgford,<br /> Notts.<br /> <br /> Crum, W. E., Secretary of 33, Manchester Street,<br /> the Text and Transla- W.<br /> tion Society,<br /> <br /> Elliott-Drake, Lady<br /> <br /> Cohen, E. E. (Ellic Owen,<br /> Saville Street)<br /> Cooke, W. Bourne .<br /> <br /> Nutwell Court, Lymp-<br /> stone, Devon.<br /> <br /> Evans, T. Howell . . 31, Bridge Avenue<br /> Mansions, Hammer-<br /> smith, W.<br /> <br /> c/o Capt. Ivey, 45,<br /> <br /> Fergusen, Dugalf .<br /> Cassland Road, 8.<br /> <br /> Hackney<br /> Francis Claude de la _ 6, Glebe Place, Chelsea,<br /> Roche S.W.<br /> <br /> Gerrard, P. N. : Greenage, Sidney<br /> Parade, Dublin.<br /> <br /> 9, Trafalgar Buildings,<br /> Charing Cross, W.C.<br /> <br /> 18, Essendine Road,<br /> Elgin Avenue, W.<br /> <br /> 41, South Grove, High-<br /> gate.<br /> <br /> 16, Carlisle Mansions,<br /> Carlisle Place, 8.W.<br /> <br /> 13, Marlswick Terrace,<br /> St. Leonards-on-Sea.<br /> <br /> Inner Temple, E.C.<br /> <br /> 11, Neville Court,<br /> Abbey Road, N.W.<br /> <br /> 134, Abbey Foregate,<br /> Shrewsbury.<br /> <br /> Woodbridge, Suffolk.<br /> <br /> Wood Dalling, Nor-<br /> wich.<br /> <br /> Manor House, Totnes.<br /> <br /> Glen-Walker, Miss T. B.<br /> Macdonald, William ;<br /> Marriott, Mrs.<br /> <br /> Ransome, Stafford .<br /> Redpath, Miss Lucy<br /> <br /> Ryan, Hugh S. K. . .<br /> Shaw, Frederick G. :<br /> <br /> Stanway, Miss Kate<br /> <br /> Thonger, Charles . :<br /> Vicars, G. Rayleigh :<br /> <br /> Young, Miss F. E. .<br /> <br /> Four members do not desire the publication of<br /> their names or addresses.<br /> <br /> ————_1 &lt;&gt; _——<br /> <br /> BOOKS PUBLISHED BY MEMBERS OF<br /> THE SOCIETY.<br /> <br /> —-——+ —_<br /> <br /> (In the following list we do not propose to give more<br /> than the titles, prices, publishers, etc., of the books<br /> enumerated with, in special cases, such particulars as may<br /> serve to explain the scope and purpose of the work.<br /> Members are requested to forward information which will<br /> enable the Editor to supply such particulars.)<br /> <br /> ART anp ARCHITECTURE.<br /> <br /> Pewter Puate. A Historical and Descriptive Hand-<br /> <br /> 114 X 7}, xxi. + 299 pp.<br /> <br /> book. By H.J. L.J. MAss&amp;.<br /> Bell, 21s, n.<br /> <br /> THE AUTHOR.<br /> <br /> 171<br /> <br /> GREAT MAsTERS SERIES. Parts VIII. and IX. With<br /> Descriptive Text by Str MARTIN ConwAy. Heinemann.<br /> 5s. net each part.<br /> <br /> FREDERIC LEIGHTON.<br /> illustrations (Little Books on Art).<br /> Methuen. 2s. 6d. n.<br /> <br /> BIOGRAPHY.<br /> <br /> Brownina. By HE. DoWDEN.<br /> 8 x 54, xvii. + 404 pp.<br /> <br /> By ALICE CORKRAN. With 38<br /> 6 X 44, 221 pp.<br /> <br /> ROBERT<br /> Biographies.)<br /> <br /> (The Temple<br /> Dent. 4s. 6d. n.<br /> <br /> DRAMA.<br /> <br /> A QueeEN’s Romance. A Version of Victor Hugo’s<br /> “ Ruy Blas.’? Written for Lewis Waller by J. DAVIDSON.<br /> 73 x 54, 111 pp. Grant Richards. 3s. 6d. n.<br /> <br /> BY ORDER OF THE Czar. A Drama in Five Acts. By<br /> JoseEepH Harron. 7% X54, 172 pp. Hutchinson.<br /> <br /> 2s. 6d.<br /> GouF PLAYS AND RECITATIONS. By R. ANDRE. 7 X 43,<br /> 127 pp. Everett. 1s. 6d. n.<br /> EDUCATIONAL.<br /> <br /> “THe Times’? COMPETITION. Answers of the first prize<br /> winner. 83 x 53. Published by L. ASHE, 17, Newburgh<br /> Road, Acton, W.<br /> <br /> FICTION.<br /> <br /> THE MAN FROM DOWNING Strent. By W. Le QUEUX.<br /> 73 X 5, 322 pp. Hurst and Blackett. 6s.<br /> <br /> OLD SHROPSHIRE Lire. By LADY CATHERINE MILNES<br /> GASKELL. 73 X 54, 308 pp. Lane. 6s.<br /> <br /> Room Five. By HamintoN DrumMonp. Illustrations<br /> by Cyrus Cones. 73 X 54,312 pp. Ward, Lock. 6s.<br /> A Krne’s Desrre. By Mrs. AYLMER GOWING. 7} X 5,<br /> <br /> 320 pp. J. Long. 6s.<br /> <br /> THE TRIUMPH OF Mrs. Sv. GeorGE. By Percy WHITE.<br /> 74 X 5,327 pp. Nash. 6s.<br /> <br /> THE Frence WIFE. By KATHARINE TYNAN.<br /> 309 pp. White. 6s.<br /> <br /> Strong Mac. By 8. R. CROCKETT.<br /> Ward, Lock. 6s.<br /> <br /> FACING THE Fururs, or The Parting of the Ways. By<br /> RoBert THYNNE. 72 x 51, 254 pp. TI. Fisher<br /> Unwin. 6s.<br /> <br /> THE BINDWEED.—By NELuiE K. BLISSETT. 73x 5, 330pp.<br /> Constable. 6s.<br /> <br /> Tue Evtwoops.—By C. 8. WELLES, M.D.<br /> Simpkin Marshall. 6s.<br /> <br /> Tue ONE Brrore.—By Barry PAIN.<br /> 7&amp;x5, 231 pp. Grant Richards. 1s. n.<br /> <br /> wa<br /> (= X 9,<br /> <br /> 8 xX 51, 406 pp.<br /> <br /> 8 x 54, 346 pp.<br /> <br /> (New Edition.)<br /> <br /> HISTORY.<br /> FouNDATIONS OF MopERN EvRoPE.—Twelve Lectures<br /> <br /> Delivered in the University of London by EMI REICH.<br /> 81x51, 262 pp. Bell. 5s. n.<br /> <br /> LAW.<br /> <br /> THE CONTRACT OF AFFREIGHTMENT AS EXPRESSED IN<br /> GHARTERPARTIES AND BILLS oF LADING.—By T. E.<br /> Scrutron, K.C.,and F. D, MackINNon. Fifth edition,<br /> by T. E. Serutton. 846,430 pp. Clowes. 18s.<br /> <br /> LITERARY.<br /> <br /> THe ENGLISH DIALECT Dicrionary.—Kdited by JosEPH<br /> Wricut, Professor of Comparative Philology in the<br /> University of Oxford. Parts XIX. and XX., K—Sharp.<br /> Parts XXI.-XXIII., Sharpen—Syzzie (completing<br /> Volume V.). 129%, 896 pp. Frowde. 15s. n. and<br /> 30s. n. each part.<br /> <br /> <br /> 172 THE AUTHOR.<br /> <br /> NATURAL HISTORY.<br /> THs TWENTIETH CENTURY Doa.—(Non-Sporting.) By<br /> H.Compron. Vol. I. 84x 5$, 350 pp. Grant Richards,<br /> 7s. 6d. D.<br /> REPRINTS. ‘<br /> <br /> we WoRKS OF CHARLES AND MARY LAMB.—Ed. by<br /> E.V. Lucas. Vol. IV. Dramatic Specimens and the<br /> Garrick Plays. 9x6, xviii. +643 pp. Methuen, 7s. 6d,<br /> <br /> CoRIDON’S SONG, and Other Verses from Various Sources.<br /> —(Ilustrated Pocket Classics.) With Introduction by<br /> Austin Dopson. 7X44, xxxi,+163 pp. Macmillan.<br /> 28. 1.<br /> <br /> SOCIOLOGY.<br /> <br /> THE COMMON SENSE OF MUNICIPAL TRADING.—By<br /> BERNARD SHAW. 74X5,120pp. Constable. 2s. 6d.<br /> <br /> TOPOGRAPHY.<br /> <br /> Juniper Hatui.—A Rendezvous of certain Illustrious<br /> Personages during the French Revolution, including<br /> Alexandre D’Arblay and Fanny Burney. By CONSTANCE<br /> Hrip. Illustrations by ELLEN G. HILL, 8]x6,<br /> 275 pp. Lane. 21s. n.<br /> <br /> THEOLOGY.<br /> <br /> Tue COVENANT COMMONLY CALLED THE OLD TESTA-<br /> MENT: Translated from THE SEPTUAGINT.—By C.<br /> THOMPSON. A New Edition by S.F.PELLs. ‘Two Vols.<br /> [Not paged.] 12s.n. HADES, the * Grave ’ in “ Hades,’’<br /> or the “ Catacombs ’’ of the Bible and of Egypt. 190 pp.<br /> 82x53. Skeflington. 5s. n. :<br /> <br /> LoyALTY TO THE PRAYER-Book (Pamphlet).—By PERcY<br /> DEARMER, M.A., Vicar of St. Mary’s, Primrose-hill.<br /> Mowbray. 2d.<br /> <br /> TRAVEL.<br /> <br /> ADVENTURES ON THE Roor of THE WoRLD.—By Mrs:<br /> AUBREY LE BLOND (Mrs. Main). 9X6, xvi. +333 pp-<br /> Unwin. 10s. 6d. n.<br /> <br /> THE Japs AT HomE.—By DOUGLAS SLADEN.<br /> Edition.) 84X54, 220 pp. Newnes. 6d.<br /> <br /> (Cheap<br /> <br /> ——_—__+—_+____—-<br /> <br /> LITERARY AND DRAMATIC NOTES.<br /> <br /> —<br /> <br /> NEW novel by Mrs. Gertrude Atherton will<br /> <br /> be published shortly, by Messrs. Macmillan.<br /> <br /> Its title is “ The Rulers of Kings.” It isan<br /> <br /> historical romance in which real and imaginary<br /> <br /> personages figure. Among these real people are<br /> <br /> the Emperors of Germany and Austria. ‘The action<br /> <br /> centres round the Hungarian crisis. The heroine<br /> <br /> isan imaginary daughter of the Austrian Emperor.<br /> <br /> The hero is a brainy, ambitious American, who<br /> has inherited many millions.<br /> <br /> The same firm is to publish “ Fishing Holidays,”<br /> by Mr. Stephen Gwynn. In this volume the author<br /> relates his experiences when angling for trout and<br /> salmon from Donegal to Kerry. He also describes<br /> the scenery and people about the various lakes and<br /> rivers. ‘There are, too, a couple of papers on sea-<br /> <br /> fishing, and there is an essay on Izaak Walton’s<br /> recently discovered fishing bag.<br /> <br /> “Helen Mathers” has written a long novel<br /> entitled “The Ferryman.” It is to be published<br /> this autumn by Messrs. Methuen. She is now<br /> engaged on a serial story to be called “The<br /> Spitfire.” She is also producing “ Comin’ Thro’<br /> the Rye,” in paper cover, 1s., and in cloth at 2s. ;<br /> and shortly afterwards a volume of essays, entitled<br /> “Side Shows,” is to be issued at 1s. and 2s.,<br /> respectively. ‘‘ Bam Wildfire” and “ Dimples”<br /> are also to be put into cloth covers at 2s.<br /> <br /> Mr. R. F. Gould’s “ Concise History of Free-<br /> masonry” is just out. The publishers are Messrs.<br /> Gale and Polden, London and Aldershot, and the<br /> Macoy Publishing Company, New York.<br /> <br /> Mr. Blundell Burton’s new story, “A Dead<br /> Reckoning,” will be published at once by F. V.<br /> White &amp; Co., Ltd. It will belong to the class of<br /> ‘* Novels of To-day,” which the author has of late<br /> alternated with his romances, and will deal with the<br /> misery of a woman of good position, who is suffer-<br /> ing for amistake made in her girlhood.<br /> <br /> Messrs. Chatto &amp; Windus announce a new novel<br /> by Mrs. F&#039;. E. Penny, the authoress of “ A Mixed<br /> Marriage” and other Indian stories. It is called<br /> “The Sanyasi.” It deals with phases of Anglo-<br /> Indian and native life in the south of India, not<br /> hitherto dealt with in fiction.<br /> <br /> “‘Rita’s’? new book is entitled ‘“‘ The Masquer-<br /> aders.” It will be published early in the spring by<br /> Messrs. Hutchinson. ‘“ Rita’s” book on “ The<br /> Sin and Scandal of the Smart Set” has gone into a<br /> fourth edition. This authoress has a_ serial<br /> running in Chic. Itis called “ The Silent Woman.”<br /> <br /> Mr. M. H. Spielmann’s ‘The Magazine of Art ”<br /> for March contains, anong other articles, some<br /> recollections of Jean Léon Géréme by the Editor.<br /> “How to Draw in Pen and Ink”—a few hints to<br /> special artists written and illustrated by Harry<br /> Furniss, and Part I. of a “Symposium on L’Art<br /> Nouveau: What it is and what is thought of it.”<br /> <br /> The Magazine of Art volume for 1903 is now<br /> ready. Its priceis £1 ls.<br /> <br /> Among the novels most in demand during the<br /> past few weeks we note Mr. Max Pemberton’s “Red<br /> Morn”; Mr. Eden Phillpott’s “American<br /> Prisoner”; Mr. Halliwell Sutcliffe’s ‘‘ Through<br /> Sorrow’s Gates”; Mr. Frankfort Moore’s ‘ Ship-<br /> mates in Sunshine”; Mr. F. M. Crawford’s “ Heart<br /> of Rome”; and Mr. H. Rider Haggard’s “ Stella<br /> Fregelius.”<br /> <br /> Mr. Arthur Sykes has just published “Mr.<br /> Punch’s Museum ; and other Matters.” Bradbury,<br /> Agnew&amp; Co. are the publishers. Its price is 3. 6d.<br /> Mr, Sykes is the author of “A Book of Words”<br /> (verses and sketches from Punch, etc.),and “ Without<br /> Permission ” (from Punch, etc). :<br /> <br /> <br /> <br /> <br /> <br /> ae<br /> <br /> <br /> ed Daa AB<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THER AUTHOR.<br /> <br /> Shelley&#039;s “ Adonais,” edited with introduction and<br /> notes by Mr. William Michael Rossetti, hasrecently<br /> been issued by the Clarendon Press. It is a new<br /> edition, revised with the assistance of A. O.<br /> Prickard, M.A., Fellow of New College, Oxford.<br /> <br /> ‘The Padre” is the title of a novel by Rose<br /> Harrison, authoress of “ Esther Alington.” It<br /> is an illustrated story, published by Richard R.<br /> James.<br /> <br /> “On the Wings of the Wind” is the title of<br /> Allan Raine’s new novel. Messrs. Hutchinson and<br /> Oo. are the publishers.<br /> <br /> Professor Flinders Petrie’s new book, ‘‘ Methods<br /> and Aims in Archeology,” is intended primarily<br /> for working archeologists, and the whole field of<br /> archeological labour is covered by the Professor in<br /> this volume of some two hundred pages. He<br /> deals with such points as the management of<br /> labourers and arrangement of work, recording in<br /> the field, and the copying, photographing, pre-<br /> servation, and packing of objects. There are<br /> illustrations reproduced from photographs.<br /> <br /> The monument and window that is to be placed<br /> in Exeter Cathedral as a memorial to R. D.<br /> Blackmore, will be unveiled on April 26th. Mr.<br /> Eden Philpotts is to speak the eulogy of the famous<br /> Devonshire author, and in the May issue of 7&#039;he<br /> Fortnightly Review will appear a lengthy article on<br /> “R. D. Blackmore and his work,” by Mr: James<br /> Baker, who has acted as Chairman of the<br /> Blackmore Memorial Committee.<br /> <br /> The pamphlet “ National Education to National<br /> Advancement,” that will shortly be published by<br /> Simpkin, Marshall and Co., is the development of<br /> an article written for The Times by Mr. James<br /> Baker, F.R.G.S., and embodies several suggestions<br /> not only for developing technical and agricultural<br /> work in the counties, but also for utilising the<br /> love of drill innate in all boys. The writer touches<br /> also upon the work in girls schools.<br /> <br /> Mr. Ricwarp Bacor’s new novel entitled<br /> “* Love’s Proxy” will be published on the 27th of<br /> this month, by Mr. Edward Arnold in England and<br /> Messrs. Longmans, Green &amp; Co., in the United<br /> States of America.<br /> <br /> Tue next (the twenty-sixth) Congress of the<br /> International Literary and Artistic Association<br /> will take place at Marseilles towards the end of<br /> September, 1904.<br /> <br /> Temple Bar for March contains a complete story<br /> by Miss M. L. Pendered.<br /> <br /> Miss Montgomery Campbell’s article on the<br /> “Armour of Schloss Ambras’” began in the February<br /> number of Zhe Connoisseur, and was concluded in<br /> the March number.<br /> <br /> A cheap edition of Mr. Barry Pain’s “ The One<br /> Before,” has been issued by Mr. Grant Richards.<br /> <br /> The same publisher has added Mr. Theodore<br /> <br /> 178<br /> <br /> Watts - Dunton’s “Aylwin,” to the “ World’s<br /> Classics ” series.<br /> <br /> Mr. Richard Whiteings “ Yelloy Van” is now<br /> in a sixth edition.<br /> <br /> ee<br /> <br /> PARIS NOTES.<br /> <br /> —1—~&lt;— +<br /> <br /> N the volume entitled “ Notes et Souvenirs de<br /> M. Thiers (1870—1873),” his sister-in-law,<br /> Mlle. Dosne, gives to the worldsome extremely<br /> <br /> interesting details which will be invaluable to<br /> future historians. It appears that M. Thiers did<br /> not write any Memoirs, but he was in the habit of<br /> jotting down notes about his more important<br /> undertakings. Mlle. Dosne had not intended to<br /> publish this volume at present, but on account of<br /> certain misrepresentations with regard to her<br /> brother-in-law’s actions she deemed it better to<br /> refute the statements by giving to the public the<br /> exact facts as written down by M. Thiers. The<br /> first part of the volume is taken up with an account<br /> of his diplomatic voyage in September, 1870.<br /> M. Thiers went first to England on the 12th<br /> September, but he has left no notes about his visit<br /> there. M. Jules Favre published an account of<br /> this mission to London in his Gowvernement de la<br /> Défense Nationale.<br /> <br /> M. Thiers begins with an account of his journey<br /> to Russia, leaving London on the 18th of Septem-<br /> ber. From St. Petersburg he goes to Vienna, and<br /> then to Florence, before returning to Paris.<br /> <br /> The second chapter of the book is taken up with<br /> the account of the interviews between M. Thiers<br /> and Bismarck to discuss the terms for an armistice,<br /> in October, 1870. The third chapter treats of the<br /> preliminaries for peace in 1871. The notes are<br /> very brief, but one can read between the lines all<br /> that it cost a man like Thiers to hold his own and<br /> to fight for his beloved country with the Iron<br /> Chancellor. The remaining part of the volume is<br /> composed of notes written by M. Thiers from the<br /> time he was elected President of the French<br /> Republic in February, 1871, until May, 1873,<br /> when he resigned office.<br /> <br /> In these pages we read of the great difficulties<br /> in the way of re-establishing order after so terrible<br /> a war, of reorganizing the army, and of paying off<br /> the enormous ransom for the territory.<br /> <br /> M. Thiers also explains his plans for the<br /> government of his country, and tells how he had<br /> hoped with the support of members of all parties<br /> to organize a Government strong enough to pre-<br /> serve France from the excesses of democracy.<br /> Much that has seemed complicated and incompre-<br /> hensible in the history of France during the three<br /> 174<br /> <br /> years which followed the war of 1870 becomes<br /> clear when one has read the details noted down by<br /> the man who was in a position to know more<br /> about the workings of the political machinery than<br /> anyone else.<br /> <br /> There is also an appendix to the volume, giving<br /> the exact text of various documents quoted or<br /> bearing on the subjects treated.<br /> <br /> Among the new novels is “Le Chemin de la<br /> Gloire,” by Georges Ohnet. It is the story of a<br /> young musical composer, who, after his first great<br /> success, is lionized to such a degree that he drifts<br /> into society and neglects his art. The inevitable<br /> wealthy American girl swoops down on him and<br /> decides to marry him. He escapes to Venice, but<br /> with a yacht and plenty of money at command the<br /> American woman is not baffled. She and her<br /> family call upon him, invite him for a cruise with<br /> them, and before he realizes all that is happening,<br /> he has proved himself faithless to the actress<br /> whom he really loves, and for whom he has written<br /> his opera, and has married the brilliant heiress from<br /> the New World. As time goes on the musician<br /> discovers that he has made a huge mistake. The<br /> <br /> atmosphere of his new home stifles him, and the<br /> ractical ideas of his charming wife make him<br /> <br /> shudder. Considering the circumstances the<br /> dénouement is the only one possible. There is more<br /> psychology in this novel than in most of those by<br /> the same author. The characters are delicately<br /> drawn and are very true to life, without a touch<br /> of exaggeration.<br /> <br /> “Le Secrétaire de Madame la Duchesse,” by<br /> Léon de Tinseau, is a charming story, and one<br /> which would certainly be appreciated in England,<br /> as it has the indispensable “happy énding.”<br /> Philippe Hurault obtains a post as secretary to the<br /> Duchess of Clerval and leaves his mother and<br /> Jiancée in order to make his fortune at the Clerval<br /> Chateau. He is soon a great favourite in his new<br /> home and is treated almost like one of the family.<br /> The plot is a very slight one, and the chief interest<br /> of the story is the psychological study of Philippe.<br /> He finds himself in an entirely new world, and when<br /> the chateau is filled with a large house-party he<br /> soon falls a victim to the fascinations of a certain<br /> society woman, who imagines that she has lost her<br /> heart to the handsome secretary. All the characters<br /> are well drawn, but unfortunately the story is told<br /> by means of letters from the various persons, and<br /> these letters scarcely vary enough in style to be<br /> convincing. In spite of this the novel is very<br /> readable and thoroughly interesting.<br /> <br /> “L’Empire de la Méditerranée,” by M. René<br /> Pinon, treats of “ l&#039;état politique et social du Maroc,<br /> la question marocaine, l’affaire de Figuig, la con-<br /> quéte du Touat, la Tripolitaine, Bizerte, Malte,<br /> Gibraltar.” There is also an important article on<br /> <br /> THE AUTHOR.<br /> <br /> ‘“‘1’Entente Franco-Italienne.” It isan invaluable<br /> book for politicians and historians.<br /> <br /> Among the new books are ‘‘ Un petit coin du<br /> monde,” by Jules Perrin; “La Commune,” by<br /> Paul and Victor Margueritte; “Le Droit des<br /> Vierges,” by M. Paul Hyacinthe Loyson; “La<br /> Politique protectioniste en Angleterre,’ by G.<br /> Blondel ; ‘‘ Le Pére Didon,” by Stanislas Reynaud ;<br /> “La Politique Franco-Anglaise et L’Arbitrage<br /> International,” by M. Gabriel Louis Jarais, with<br /> preface by M. G. Hanotaux ; “La Guerre Com-<br /> merciale,” by M. Maurice Schwob ; “ L’Apprentie,”’<br /> by M. Gustave Geffroy ; “ Le Docteur Haramburg,”<br /> by J. H. Rosny; and “ Au Japon,” by M. de<br /> Guerville.<br /> <br /> In the Nouvelle Revue there is a curious article<br /> by Jules Bois on “Les Professeurs de Volonté.”<br /> It is in reality a chapter taken from “ Le Miracle<br /> Moderne,” a book which is to be published shortly.<br /> In this article M. Jules Bois speaks of Dr. Lié-<br /> beault, who died recently at Nancy. He had made<br /> a special study of hypnotism and was the first<br /> doctor to apply it professionally. It appears that<br /> when Dr. Liébeault had made a sufficient income<br /> to enable him to retire, he gave his time to the<br /> study of this subject and treated his patients<br /> gratuitously. M. Jules Bois maintains that his<br /> name should be honoured as the pioneer of medical<br /> hypnotism, and that it should be remembered that<br /> Dr. Liébeault preceded Dr. Charcot.<br /> <br /> In the second March number of La Grande<br /> Revue, M. Gaston Deschamps gives his experiences<br /> in America under the title of “Au Seuil du Nou-<br /> veau Monde.” ‘There is also an interesting article<br /> by M. E. Sémenoff ; “Le Role mondial du Japon<br /> prédit par un Grand Ecrivain Russe.”<br /> <br /> M. Frantz Funck Brentano writes “ L’Aigle<br /> et l’Aiglon.” M. Calmettes gives some details<br /> about hand-made laces, “ Dentelles et Dentelliéres,”<br /> and M. Romme an article on “Les Idées de M.<br /> Behring.”<br /> <br /> In the second March number of the Revue de<br /> Paris there is an instructive article by Colonel de<br /> Grandprey on ‘Les Armées de la Chine,” and<br /> another one by M. Contenson on “ L’Evolution de<br /> la Propriété rurale.”<br /> <br /> In the Revue des Deua Mondes there is a rather<br /> sensational article entitled “ Les Derniers Jours<br /> de Léon XIII. et le Conclave de 1903 par un<br /> Témoin.”<br /> <br /> M. Gaston Cadoux writes on “L’EKclairage<br /> Paris, Londres et Berlin” and M. Pierre Leroy-<br /> Beaulieu “Le Japon et ses Ressources dans la<br /> Guerre Actuelle.” There is also an article on<br /> “T/Exposition des Primitifs Francais,” by M.<br /> Bouchot.<br /> <br /> The bold venture of M. Blés to establish in<br /> Paris a critical review in English and French<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR. 175<br /> <br /> appears to have supplied a need. One of the most<br /> important French papers announces that “la nou-<br /> yelle revue Franco-Anglaise, Zhe Weekly Critical<br /> Review, a pris définitivement rang parmi les publi-<br /> cations artistiques les plus estimées.”<br /> <br /> Members of the Bacon Society might be inte-<br /> rested in an article which appeared in the Revwe<br /> des Iilées No.1. It is by M. Remy de Gourmont,<br /> and is entitled “Francois Bacon et Joseph de<br /> Maistre.”<br /> <br /> In speaking of the “ Examen de la Philosophie<br /> de Bacon” by de Maistre, M. de Gourmont tells us<br /> that “le cerveau de Joseph de Maistre est une<br /> forge qui, au lieu de dévorer les statues de bronze<br /> qu’on y jette, les rend intactes et plus belles,<br /> purifies de toutes souillures, de toutes tares, de<br /> toutes rugosités.” In the same number there is<br /> an article on Herbert Spencer.<br /> <br /> Several of the plays this season are having long<br /> runs.<br /> <br /> Madame Sarah Bernhardt has scored an immense<br /> success with “ La Sorciére.” She plays her réle to<br /> perfection, and in one or two instances there are<br /> touches of pathos which are unsurpassed in any<br /> pieces she has ever put on the stage.<br /> <br /> “Le Retour de Jérusalem” is another of the<br /> plays which has been given more than a hundred<br /> times.<br /> <br /> “La Dette,’ by MM. Gavault and Georges<br /> Berr, has been bought for Italy and Germany.<br /> Miss Marbury has also bought it for America.<br /> <br /> M. Porel has lost his case against Madame<br /> Réjane. He had applied to the Court for an<br /> injunction forbidding her to play “La Mon-<br /> tansier” at the theatre to which she has emigrated,<br /> on the plea that this piece was accepted for the<br /> Vaudeville theatre. M. Porel maintained that his<br /> wife could not appear in this play without his<br /> consent. The Court has decided against him, and<br /> Madame Reéjane is triumphant.<br /> <br /> Miss Lindsay, who made her début some little<br /> time ago at the Paris Opéra with such success, has<br /> now been entrusted with the ré/e of Juliette.<br /> <br /> M. Bour has discovered another play, ‘“ Les<br /> Pantins,” in which he appears to be having as<br /> much success as in the famous “ Alleluia,” which<br /> made his name. This new piece treats of an<br /> unsuccessful comedian and his poverty and domestic<br /> troubles. In the last act, while his child is dying<br /> in one room, the wretched man is endeavouring to<br /> learn his new réle. His troubles are, however, too<br /> much for him, and he loses his reason. It is in<br /> this scene that M. Bour is at his best.<br /> <br /> A scheme is now being discussed by a group of<br /> authors who prefer editing and publishing their<br /> books themselves. It is proposed to found a<br /> Librairie Associée des Gens de Lettres as a depdt<br /> for volumes on sale. There are to he only twenty-<br /> <br /> five members, and each member is to pay a sum of<br /> 400 francs for the first year to the company.<br /> Every member will then have the right to place<br /> two works in the depot, the number of copies not<br /> to be limited. The profits of other books sold by<br /> the company are to be shared by the members. The<br /> other books would be those placed with the com-<br /> pany by non-members. A committee meeting is to<br /> be held shortly in order to discuss the subject.<br /> <br /> ALys HALLARD.<br /> <br /> a a a rs<br /> <br /> UNITED STATES NOTES.<br /> <br /> ————— +<br /> <br /> | AM inclined to consider as the most important<br /> event that has taken place duving the present<br /> year in the American literary world the<br /> publication of Professor N. 8. Shaler’s dramatic<br /> romance “Elizabeth of England.” Even if it<br /> amounts to no more than a considerable tour de<br /> force it shows, at least, that poetry is alive on this<br /> <br /> ‘side the Atlantic.<br /> <br /> The professor is a geologist ; and he set out to<br /> show the world that whatever may have happened<br /> to Darwin, there is no reason in the nature of<br /> things why devotion to science should kill the<br /> literary sense. I believe that it is agreed by those<br /> who have read this rather amazing work that it is<br /> a successful demonstration of this contention.<br /> <br /> The “dramatic romance,” which is issued by<br /> Houghton, Mifflin &amp; Co., is then to be regarded<br /> rather in the light of an experiment than considered<br /> on too severely critical grounds. It is divided into<br /> five parts, named respectively “The Coronation,”<br /> “The Rival Queens,” “Armada Days,” “ The<br /> Death of Essex,” and “The Passing of the<br /> Queen.” The greatly daring romancist not only<br /> deals forcefully with these themes in some fifteen<br /> thousand lines of blank verse, but makes the<br /> Virgin Queen discourse with Shakespeare and<br /> bandy philosophy with Bacon.<br /> <br /> A spring book which is sure of a wide circulation<br /> is Francis E. Leupp’s “&#039;The Man Roosevelt.” The<br /> author has known the president for more than<br /> twenty years, both as private individual and public<br /> man, and has been in a position to record things<br /> yet unknown to history.<br /> <br /> Meanwhile the New York Critic has been<br /> exploiting Mr. Roosevelt for its own purposes.<br /> It has induced him to contribute to its columns<br /> an article upon the Republican party ; and it<br /> offers sets of his works at a considerable reduc-<br /> tion as a bait to catch subscribers. This is great<br /> honour for a literary President.<br /> <br /> On the other hand, the “ Review” has to bewail<br /> the loss of a prospective contributor in the person of<br /> 176<br /> <br /> Mr. Jack London, who has gone to the Far<br /> East as a war correspondent. The author of<br /> “The Little Shepherd of Kingdom Come,” has<br /> also gone out to write articles for Seribner’s<br /> Magazine.<br /> <br /> Before commenting further on books and literary<br /> happenings of the present year, I ought to repair<br /> an omission from my last notes. I should have<br /> included in my references to biographical publica-<br /> tions the very readable “ Reminiscences of an<br /> Astronomer”? which Professor Newcomb gave to<br /> the world last autumn. The book has a double<br /> yalue—it is both scientific and human; and it<br /> should by no means be overlooked.<br /> <br /> The fine reprint of Father Hennepin’s “ New<br /> Discovery of a Vast Country in America,” which<br /> has been so ably edited by Reuben Gold Thwaites,<br /> makes a strong appeal to everyone interested in<br /> early American history. The editor holds the<br /> vivacious Franciscan himself responsible for the<br /> borrowings from other sources with which his work<br /> was enriched, and does not allow the plea that a<br /> publisher hath done this.<br /> <br /> A much discussed recent publication is Senator<br /> Beyeridge’s book upon Asiatic Russia. In spite<br /> of the Slavophile proclivities of its author and its<br /> very decided deficiencies as a piece of writing,<br /> “The Russian Advance” deserves serious consider-<br /> <br /> ation on account of the large quantity of informa-<br /> tion, collected at first-hand, which it contains, and<br /> the real grasp of the subject which it shows.<br /> There is a chapter upon Japan.<br /> <br /> Sculpture has been the department of art in<br /> <br /> which Americans have chiefly excelled. It is,<br /> therefore, highly satisfactory that American<br /> sculpture should have found so competent a<br /> historian as Mr. Lorado Taft, and so critical an<br /> admirer as Mr. Charles H. Caffin. The treatises<br /> of the two authors supplement each other, and<br /> together cover the whole field.<br /> <br /> “ The History of American Art” by Sadakichi (?)<br /> Hartmann, on the contrary, excels neither in<br /> critical discernment nor chasteness of diction.<br /> <br /> Rather off the lines of conventional biography is<br /> Mrs. Talbot’s life of her father, General Samuel<br /> Chapman Armstrong. Armstrong did brilliant<br /> work for the North at Gettysburg, but his title to<br /> fame is the great educational work which he carried<br /> on after the war at Hampton, where he trained<br /> Indians side by side with his negroes.<br /> <br /> The “Life and Letters of Margaret Preston,”<br /> edited by her step-daughter, is also rather a<br /> remarkable work. It gives a picture of the<br /> women of the South during the Civil War, from<br /> the pen of one who, though the wife of one of<br /> Jackson’s staff, was the daughter of an abolitionist<br /> and had come from the North. A writer of<br /> stirring war songs, Mrs. Preston numbered among<br /> <br /> THE AUTHOR.<br /> <br /> her correspondents Longfellow, Whittier, and Jean<br /> Ingelow.<br /> <br /> Perhaps the most notable novel that I should<br /> mention here is Philip Payne’s political study,<br /> «The Mills of Man,” which shows considerable<br /> skill in characterisation and no slight constructive<br /> power. Chicago is the scene of action and a<br /> millionaire uncle plays a dominant part in it.<br /> <br /> Another story to be read is Mary Findlater’s<br /> «The Rose of Joy,” a nicely balanced study of<br /> incompatible temperaments and many happily hit-<br /> off minor characters.<br /> <br /> Bridge is supplanting fictions in some circles, and<br /> its players have to be catered for. One publishing<br /> house alone advertises three books upon the game,<br /> one of which, “Sixty Bridge Hands,” purports to be<br /> exhaustive! However, there is still for the elect<br /> Messrs. Scribner’s manual, ‘ Elwell on Advanced<br /> Bridge.”<br /> <br /> By the way, the last-named firm has been incor-<br /> porated. Among spring announcements of theirs<br /> are new novels by Thomas Nelson Page and Mrs.<br /> Wharton, and a tale with the strange title of<br /> “Peace and the Vices.”<br /> <br /> The Lothrop Company found it advisable to<br /> make an assignment in February, but their affairs<br /> are well in hand and they have plenty of prospective<br /> business.<br /> <br /> The Madison Book Company have become<br /> Reilly and Britton, incorporated.<br /> <br /> From April 1st juvenile books are to be classed<br /> with fiction and sold at net prices. Some dis-<br /> cussion has been going on as to the working of the<br /> net system, it being maintained in some quarters<br /> that the publishers are not working it fairly. The<br /> excessive output of fiction has also been debated.<br /> That there is a superfluity is actually admitted by<br /> a few houses, who confess that the staple of their<br /> business is really literature of a solider type ; but<br /> even these are sanguine that there is a real advance<br /> in the standard demanded by readers of every class<br /> of publication.<br /> <br /> A copyright treaty between the United States<br /> and China was signed in the autumn of last year,<br /> ratifications were exchanged on January 13, 1904.<br /> <br /> Mark Twain and Mr. Marion Crawford are each<br /> writing new novels, and Mr. Lorimer is losing no<br /> time in following up the success of the Letters<br /> of his Self-made Merchant.<br /> <br /> The chief names in my obituary list are those of<br /> George Francis Train, a prolific author who had<br /> tried numerous other trades before he took tohis pen ;<br /> Professor Von Holst, of Chicago, a Russian refugee,<br /> who wrote monographs on the constitutional history<br /> and law of his adopted country, besides lives of<br /> Calhoun and John Brown; and Parke Godwin,<br /> the son-in-law and biographer of Bryant. His last<br /> work was a study of Shakespeare’s Sonnets. ,,\&quot;*<br /> <br /> woe<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> LITERARY, DRAMATIC, AND MUSICAL<br /> PROPERTY.<br /> <br /> ee<br /> Sweden and the Berne Convention.<br /> From tHe “Svenska Daq@BLaD.”<br /> <br /> Tur Swedish Parliament has again lying before<br /> it the question of certain alterations in the national<br /> laws concerning copyrights, since those now in<br /> force prevent Sweden’s adhesion to the inter-<br /> national agreements which are to a certain extent<br /> already in force in the country, or, more plainly, her<br /> adhesion to the union known as the Berne Conven-<br /> tion. The subject has been so frequently discussed<br /> in these columns that we may on this occasion<br /> limit ourselves to a few remarks, which we are<br /> urged to make by the fact that the business stands<br /> to-day on the list for discussion.<br /> <br /> It is His Majesty the King who now suggests, in<br /> terms of a proposal which has been already<br /> described, an alteration of sections 3 and 14 of<br /> the law regarding literary copyright. The altera-<br /> tion of the former of the above-mentioned sections<br /> would have the result that the present protection<br /> of works from translation, which is of two years’<br /> duration, would be extended to ten years ; whilst it<br /> is proposed to give the latter section such a form<br /> that the author’s or translator’s rights in transla-<br /> tions, adaptations, etc., should have a duration of<br /> the author’s life and thirty years afterwards,<br /> instead of extending only to the authov’s life and<br /> five years afterwards, as now.<br /> <br /> The former modification would remove the<br /> difficulty of Sweden’s joining the Berne Conven-<br /> tion on the terms of the original text, and is,<br /> therefore, the one concerning which opinions are<br /> most likely to be divided.<br /> <br /> The legal committee has moved the Royal pro-<br /> posal, and further, on the ground of motions made<br /> by Messrs. Hammarlund and Luidhagen, has<br /> invited the Parliament to request that His Majesty,<br /> going far beyond a mere declaration of Sweden’s<br /> adhesion to the International Union for the<br /> Protection of Literary and Artistic Works, founded<br /> by the Berne Convention, and also entering into<br /> other agreements with foreign powers involving<br /> reciprocal protection for literary and artistic<br /> property, should at the same time make such<br /> limitations that the aforesaid adhesion or agree-<br /> ments should not restrict Swedish citizens from<br /> acquiring legal rights, nor place any legal restric-<br /> tion upon the continuance of their right to obtain<br /> for their purposes the use of stereotypes, clichés,<br /> lithographic stones, and plates of all other kinds,<br /> as well as other means of reproduction which may<br /> be lawfully used.<br /> <br /> In the meanwhile Messrs. Walderstrém and ().<br /> Olsson, of the legal committee, have expressed<br /> <br /> THE AUTHOR.<br /> <br /> 177<br /> <br /> reservations opposed to this, and have submitted a<br /> protest against the Royal proposal.<br /> <br /> As everyone who takes any interest in these<br /> questions may easily observe the objections to<br /> joining the Convention, objections grounded on<br /> purely interested motives (which are still the<br /> fashion with some few people in Sweden), have to<br /> a great extent given way before a continually<br /> clearer and clearer perception, that we have really<br /> in the first place to deal with a question of the<br /> probity or improbity of the nature of the labour<br /> which the author’s production represents. Were<br /> both the publishing firms and the publishers’<br /> societies fully assured of legal difficulties about to<br /> arise for the publishers and journals of Sweden in<br /> consequence of adhesion to the Berne Convention,<br /> still adhesion to it would be suggested by a certain<br /> sense of national shame, that after both Norway<br /> and Denmark had shown themselves ready to regu-<br /> late a legal protection of literary rights in their<br /> dominions, still Sweden should remain without<br /> any corresponding enactments, and tolerate instead<br /> what is as good as an unlimited piracy.<br /> <br /> But we look in vain for a trace of any such<br /> shame in the reservationists. The only reason, in<br /> the view of the reservationists, prompting adhesion<br /> to the Berne Convention is ‘‘ an extremely dubious,<br /> and at the best comparatively insignificant economic<br /> advantage to be gained by a trivial number of<br /> authors”; after which it is no wonder to find that<br /> “the right of free translation” is preferable. In<br /> the meantime it is to be hoped that the Parliament<br /> will show itself to be more amenable to points of<br /> honour, which amongst those principally interested<br /> has shown itself to possess sufficient authority to<br /> overcome no inconsiderable hesitation based upon<br /> their own interests.<br /> <br /> As regards authors, both motions conduce to the<br /> same results. The reservationists have certainly<br /> aimed at causing the majority of authors to find it<br /> to their interest that the present state of things<br /> should continue ; but the result is that anyone who<br /> has been expecting anything from Parliament will<br /> have reason to rely rather upon the assistance of<br /> the Swedish Society of Authors than upon the<br /> reservationists.<br /> <br /> See<br /> <br /> Literary Competitions.<br /> <br /> DRAWING Room Puay. £10 PRIZE.<br /> <br /> Ar a concert or an evening party at home a short Play<br /> forms an agreeable variation from the usual programme,<br /> The great difficulty, however, is to get a piece within the<br /> capabilities of ordinary amateur performers, not too long,<br /> that does not require anything in the way of scenery and<br /> stage effects.<br /> <br /> By way of supplying this “felt want” we offer a Prize<br /> of £10 for the best Original Short Play suited to the<br /> following requirements, The length, including dialogue,<br /> 178<br /> <br /> stage directions, etc., should not exceed 5,000 words. The<br /> characters must not exceed six in number. The scenery<br /> and stage effects must be such as can easily be provided in<br /> a drawing room or small hall.<br /> <br /> The dialogue must be simple and natural, and both it<br /> and the scenes and incidents must be in accordance with<br /> the strictest good taste. ;<br /> <br /> Simple stage directions should be given, and the dresses<br /> to be worn by the various characters should be described<br /> in cases where something different from ordinary costume<br /> is required.<br /> <br /> What is wanted is something after the style of a “curtain<br /> raiser” —a piece embodying an incident rather than an<br /> elaborate story.<br /> <br /> The terms of the competition set forth above<br /> have been taken from a North Country paper. It<br /> has from time to time been the duty of 7’he Author<br /> to point out the difficulties that may arise to those<br /> who enter these competitions owing to the want of<br /> finality in the terms propounded.<br /> <br /> We have no reason to raise objection to this<br /> method of obtaining copy to a certain extent—no<br /> doubt, it acts as a stimulus to young writers—<br /> but it is especially needful to bear in mind that<br /> on many occasions the contracts are indefinite in<br /> terms, and this lack of clear legal draftsmanship<br /> may possibly lead to disputes and confusion when<br /> the prize is awarded.<br /> <br /> The paper from which the cutting is taken offers<br /> a prize of £10 for the best original play written<br /> according to the published requirements.<br /> <br /> What does the proprietor desire to purchase ?<br /> Does he desire to purchase anything? Does he<br /> simply wish to crown the author who wins the<br /> prize with a £10 note, or does he desire to obtain<br /> the copyright, or the performing right, or both,<br /> or does he merely desire to have the right to print<br /> the play in his own paper? It is impossible to<br /> determine from the wording of the notice what is<br /> in the proprietor’s mind. It is equally impossible<br /> to determine what is in the mind of the competitors<br /> when they forward their deathless works.<br /> <br /> If a prize is given at a cattle show for the finest<br /> animal of a certain breed, the authorities who have<br /> promoted the show do not claim the animal as<br /> their own. They do not even claim the use of it.<br /> <br /> It may be, however, as we have suggested,<br /> that the proprietor merely desires to give the<br /> winner of the competition the sum of £10, but<br /> from our knowledge of these competitions, as a<br /> general rule, more than this is required. Some-<br /> times it is simply desired to print the prize<br /> competition in the paper. Sometimes, as sug-<br /> gested, for the proprietor to obtain the whole<br /> copyright. These matters should be clearly set<br /> out. If they are not clearly set out, competitors<br /> should be warned not to send in their MSS. until<br /> they have obtained a definite form of contract.<br /> <br /> We understand that one competitor who wrote<br /> to the proprietor was assured that he did not<br /> <br /> THE AUTHOR.<br /> <br /> claim the copyright. This is so far satisfactory,<br /> but still, what did he want to claim ?<br /> <br /> This special offer may be, and no doubt is, bond<br /> fide in purpose. It has been quoted in order<br /> that the attention of members of the Society might<br /> be called to the difficulties and snares that are<br /> constantly recurring.<br /> <br /> 0<br /> <br /> LEGAL NOTES.<br /> Sees<br /> _Authors’ Royalties and the Sale of Remainders. :<br /> <br /> HE action of Farmer v. Grant Richards, tried<br /> by Judge Woodfall at the Westminster<br /> County Court on February 26th, involved<br /> <br /> questions of law and fact of considerable interest<br /> to authors, and the history of the case showed<br /> that other questions of a similar character might<br /> have been dealt with in connection with it, as to<br /> which His Honour was not called upon to give a<br /> decision. The plaintiff, an author, sued the defen-<br /> dant, a publisher, for royalties under an agreement<br /> for the publishing of a book. The publisher had<br /> agreed to pay a royalty upon copies of the book<br /> sold, and the retail price was stated. There was<br /> no provision for any sale at any other price by the<br /> publisher than such trade price as this might imply.<br /> The publisher had, however, sold off a large number<br /> of copies asa “‘ remainder.” The author claimed his<br /> full royalty upon each copy so sold. The publisher<br /> offered a percentage, but denied, apparently, that<br /> even this was due. Evidence was given by the<br /> defendant and another publisher with a view to<br /> establishing that the latter was justified by custom<br /> in acting as he did in all particulars, that the<br /> agreement as to a royalty did not apply to copies<br /> sold as a “remainder,” and that either little or<br /> nothing was due to the author upon such a sale.<br /> The judge did not decide the questions of fact as to<br /> the custom, which obviously should not be decided<br /> by any tribunal without ample evidence establish-<br /> ing a custom known and recognised by authors<br /> and publishers alike. As to this he said in his<br /> judgment :—<br /> <br /> “JI should be very sorry if it were necessary for me to<br /> determine this alleged custom in the publishing trade on<br /> the evidence which is before me, because to me it is a<br /> custom fraught with such extremely important conse-<br /> quences both to the publishing trade and to authors, that<br /> if I had to determine this case upon the alleged custom of<br /> remainders, I should feel it was determining it upon wholly<br /> insufficient evidence, but I do not think it is necessary to<br /> determine it.”<br /> <br /> His Honour continued :—<br /> <br /> “The plaintiff&#039;s claim is for royalties in respect of 786<br /> copies. Therefore what I have to do is to look at the<br /> agreement whereby the defendant agreed to pay him<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> royalties, and then to see whether the sale of these 786<br /> copies comes within the four corners of that agreement.<br /> _. . It is impossible to come to any other conclusion than<br /> this, that the royalty was to be paid upon copies which were<br /> sold at 10s. 6d. and to say that the parties have agreed<br /> that royalty should be paid in respect of the copies sold<br /> under the circumstances under which these 786 copies were<br /> sold seems to me a perfectly untenable contention. It may<br /> very well be that the plaintiff has an action against the<br /> defendant for damages. but I am quite confident that he<br /> has no ground whatever to claim royalties in respect of<br /> these 786 copies . . . on the construction of the agree-<br /> ment made between them as to royalties, Isay the plaintiff<br /> is not entitled to royalties.”<br /> <br /> In a discussion which followed judgment, His<br /> Honour said,<br /> <br /> “JT tell you candidly your action should be one for<br /> damages for selling these books in breach of an agreement.”<br /> <br /> Judgment was given for the defendant with<br /> costs, and in the subsequent discussion referred to,<br /> doubt was expressed as to how far an appeal would<br /> lie against the decision. It was one apparently of<br /> mixed fact and law, but as it mainly turned upon<br /> the correct construction to be put upon the agree-<br /> ment between the parties, there can be little doubt<br /> that the Divisional Court would have had jurisdic-<br /> tion to hear an appeal had one been brought. I<br /> am informed that none is to be attempted, which<br /> is a matter for regret, as although the defendant<br /> may not have contemplated paying royalties on the<br /> “ yemainder,” it would have been interesting to<br /> see whether a Divisional Court would have held<br /> that he nevertheless bound himself by the terms<br /> of his agreement to do so. The sale of the<br /> “remainder” of the copies of a book after its<br /> general sale is believed to be over is not an un-<br /> common incident of publishing, and in consequence<br /> of this it is not unusual to find a clause regulating<br /> the conditions of such sale in an agreement. When<br /> this has been omitted the publisher, if he desires<br /> to sell, usually negotiates with the author before<br /> doing so. At all events, it is open for him to do<br /> so, and if he does this the author has the oppor-<br /> tunity of discussing whether the necessity for such<br /> sale has arisen. If the publisher does not so nego-<br /> tiate, but sells instead, presumably for his own<br /> benefit, is he not bound by any form of words in<br /> which he has promised to pay a royalty to the author<br /> upon copies of the author&#039;s work sold by him ?<br /> This is the question which His Honour Judge<br /> Woodfall appears to have decided against the<br /> author and in favour of the publisher, and whether<br /> it is assumed that his decision is correct, or not,<br /> it is one which other Judges may give in similar<br /> circumstances, and against the possibility of which<br /> authors in their own interests can protect them-<br /> selves. In other words, the questions whether the<br /> author is to receive his royalty upon remainders as<br /> upon other copies of the book, or whether he is to<br /> be paid at some other rate in respect of them, and<br /> <br /> THE AUTHOR.<br /> <br /> 179<br /> <br /> if so at what rate, or whether he is not to be paid<br /> for remainders at all, are matters for which every<br /> publishing agreement should specifically provide.<br /> There can be no reason why it should not do so,<br /> and the introduction of a clause dealing definitely<br /> with the matter, or even the attempt to introduce<br /> one, will call the attention of both parties to it.<br /> Should such a clause be discussed, the author<br /> would be very likely to protest against a stipula-<br /> tion that upon copies sold as a “remainder” he<br /> was to receive nothing. As to this there was<br /> evidence at the hearing of Marmer v. Grant Richards,<br /> given by Mr.Grant Richards himself, that he allowed.<br /> 5 per cent. upon such sales, so that he presumably<br /> would not object to inserting a condition to<br /> that effect in his agreements. Mr. Heinemann,<br /> however, gave evidence that his own custom was<br /> to allow the author nothing upon such occasions.<br /> He is therefore an instance of a publisher, who, if<br /> asked to insert such a condition, would decline to<br /> do so, and if sued for even 5 per cent. upon the<br /> product of a remainder would dispute the claim, and<br /> it is hardly necessary to point out that an action in<br /> such a case, with conflicting evidence as to trade<br /> custom would be, whatever its issue, unproductive<br /> of any substantial benefit to either party. On the<br /> other hand, if the author endeavoured to get<br /> inserted into his agreement a covenant to pay the<br /> full rovalty on all surplus copies sold, he would in<br /> my opinion, be extremely likely to meet with<br /> refusal. In any case, however, the matter would<br /> be arranged beforehand, and an opportunity for<br /> future litigation would be avoided. Anagreement<br /> with regard to the sale of remainders should define<br /> the circumstances in which they are to be sold,<br /> whether at the end of a given time or other-<br /> wise, and it must be pointed out that with some<br /> books not expected to have an ephemeral sale<br /> only, it may be important to guard against any<br /> such sale taking place at all. It also seems fair<br /> that an author should stipulate for notice of<br /> such a sale being given to him, because he may<br /> like to buy in his own books so as to deal with<br /> them afterwards himself. The publisher can hardly<br /> refuse such a condition, as it is to his own<br /> interest that the price should be enhanced as it<br /> might be in such circumstances. The proviso<br /> that the author should have the option of buying<br /> at a fixed price is also possible. All these con-<br /> ditions pre-suppose to some extent that the pub-<br /> lisher is an honest man who will push the sale<br /> while it is possible to do so, but the price of a<br /> remainder is not likely to tempt the dishonest to<br /> neglect to sell at the full rate as long as it is<br /> possible to do so, even at some cost in advertising,<br /> and a publisher not carrying out his contract lays<br /> himself open to an action like any other man. Tt<br /> will be observed that the Judge at the Westminster<br /> <br /> <br /> 180<br /> <br /> County Court repeatedly pointed out the other<br /> form in which Mr. Farmer’s case might have been<br /> presented. He meant that had the action been<br /> brought for damages sustained by the plaintiff<br /> through a breach of his agreement, and had it been<br /> proved that the agreement was so broken, the<br /> plaintiff would have been entitled to compensation<br /> in the form of damages, although he was not<br /> entitled to it in the form of royalties. In such<br /> an action it would have been necessary to prove<br /> that the agreement was not carried out by the<br /> publisher, and that the sale of the remainder<br /> was in violation of it. Any action fought out<br /> upon facts calculated to test the relative rights<br /> of publishers and author, to determine, what is<br /> reasonable fulfilment of the duty of a publisher<br /> bound by an agreement not specific upon every<br /> point, is no doubt of interest to writers and pub-<br /> lishers alike. It is, however, better to provide as<br /> far as possible for the usual risks and contingencies<br /> of book publishing beforehand. In order to do this<br /> some knowledge of those risks is necessary, and it<br /> is, I believe, in order to provide that knowledge<br /> that the Society of Authors offers its advice and the<br /> fruits of its experience to its members.<br /> <br /> i. A. ARMSTRONG.<br /> <br /> +<br /> <br /> Il.<br /> <br /> What Constitutes Acceptance?<br /> <br /> Art the City of London Court on March Ist,<br /> the writer of an article, sent unsolicited to<br /> the Sportsman, sued for payment, on the ground<br /> that it had been accepted for publication. His<br /> evidence with regard to this appears to have<br /> been that he was told by the editor, or by some<br /> one representing him, that the article was “‘ reserved<br /> for use.” This does not seem to have been dis-<br /> puted, but whether it was or not, Judge Lumley<br /> Smith held that the words “reserved for use” did<br /> not necessarily mean that the article was accepted,<br /> and he gave judgment for the defendants. This<br /> decision, that the defendant did not accept, or in<br /> other words, did not agree to print and publish the<br /> article, is one of fact, and therefore, presumably,<br /> there will be no appeal in the case. As a decision<br /> of fact, upon the story as it was reported in the<br /> Daily Chronicle of March 2nd, it is open to<br /> criticism. “‘ Reserved for consideration” is a<br /> phrase which might have been used, which would<br /> have been perfectly understood, and which would<br /> have given the author an opportunity for saying<br /> that he desired a more definite decision at once,<br /> had he been inclined to take such a course.<br /> “Reserved for use’? would to most persons have<br /> a different meaning. An Editor “uses” an article<br /> when he publishes it, and “reserved for publica-<br /> <br /> THB AUTHOR.<br /> <br /> tion” could hardly mean less than that the<br /> editor intended to publish the article and promised<br /> to do so, although the word “reserved” might<br /> imply that the publication would not be immediate,<br /> but would take place within a reasonable time at<br /> the editor’s convenience. Ifthe judge was really<br /> satisfied that the words “reserved for use” were<br /> either spoken or written by the editor or by some<br /> one having a right to make a contract on behalf of<br /> the paper, it seems a little difficult to account for<br /> the interpretation which he put upon a tolerably<br /> clear and not uncommon English phrase. He<br /> seems, however, to some extent to have been<br /> influenced by recollection of a past decision of his<br /> own which he appears to have regretted, and<br /> which he hinted he would not now repeat in<br /> similar circumstances. In giving judgment he<br /> alluded to a similar case in which he gave a verdict<br /> for the plaintiff, but in which the article appeared<br /> in print, and he added, according to the report in<br /> the Daily Chronicle, that he had since been “ told by<br /> literary men that many contributions were so<br /> illegible that they- had to be set up in print to see<br /> if they were worth using.” The past decision to<br /> which Judge Lumley Smith referred was evidently<br /> that in Jlacdonald v. The National Review, tried<br /> by him when judge of the Westminster County<br /> Court in 1893, of which a full account is to be<br /> found in The Author for June of that year. Many<br /> will remember it, because it excited a good deal of<br /> criticism at the time, and the Society of Authors<br /> was commended by some and blamed by the<br /> Saturday Review and others for the part which<br /> it took in obtaining the decision given. The ques-<br /> tion at issue, put in its shortest form, was whether<br /> the sending of a proof of an unsolicited article to<br /> the author constituted acceptance by the editor<br /> and bound him to pay for the article. In dac-<br /> donald v. The National Review delay on the part<br /> of the editor in publishing the article had caused<br /> remonstrance by the author, and the editor had<br /> claimed the right to return the article in conse-<br /> quence. The decision of the judge that the<br /> sending of the proof constituted acceptance of the<br /> article, commended itself to most authors, and<br /> was not dissented from by all editors, and if<br /> Judge Lumley Smith has altered his opinion for<br /> the reason quoted above he has done so upon<br /> grounds which scarcely seem to be adequate. It<br /> was pointed out in Zhe Author of June, 1893,<br /> p- 15, that “if the proof does not mean acceptance<br /> it would cost the editor nothing more than a<br /> printed slip to say so.” A printed slip equally<br /> would inform the author that the editor finding<br /> his article illegible in manuscript had had it set<br /> up in order to see whether it was readable in print.<br /> It is not necessary to discuss whether any such<br /> practice on the part of editors, accompanied by<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> the sending of proofs to the authors, exists to an<br /> appreciable extent.<br /> <br /> The point upon which emphasis is laid, is that<br /> if such a thing is done, the author can and should<br /> be informed of the editor’s intention, and all cause<br /> for future misunderstanding thereby removed.<br /> The object in sending a proof upon such an<br /> oceasion would be to make sure that the printer<br /> had been able to decipher the article, before the<br /> editor had the trouble of reading it, not the<br /> correction of the article as a preliminary to publi-<br /> cation.<br /> <br /> It is hardly unreasonable, however, to suggest<br /> that a proof is usually sent to an author that he<br /> may correct it for publication. The corrections<br /> which he makes, whether they may alter the article<br /> (perhaps so as to bring it up to date), or may<br /> simply set right printers’ errors, are scarcely<br /> needed in order to aid the editor in forming an<br /> opinion upon its merits. They are, beyond dispute,<br /> desirable if it is going to be published, and it is<br /> because it is going to be published, and at the<br /> time when it is going to be published, that the<br /> editor in most cases sends the proof to the author.<br /> It may be very convenient for an editor to read an<br /> article in print, to reserve it without binding<br /> himself to use it, to have it as corrected by the<br /> author ready to hand in case it may be needed in<br /> an emergency, but the author has a right to<br /> understand and to assent to or dissent from such a<br /> course of business. Equally the editor who should<br /> intimate to the author that he was retaining an<br /> article without definitely accepting it, would be<br /> entitled to a prompt acceptance or refusal of his<br /> conditions.<br /> <br /> —_—_____—_e—&lt;—e-—_——<br /> <br /> AUTHORS’ AGENTS.<br /> <br /> 1<br /> <br /> rWVHE methods of the Author’s Agent are of<br /> [ growing importance to all those who live<br /> by the production of literary property.<br /> <br /> There are many who consider that they have<br /> only to put their work into the hands of an agent<br /> in order to obtain a literary success, or at any rate,<br /> a large increase in their incomes. These, after the<br /> lapse of a year, often give up the employment of<br /> an agent as they find no increased benefit from his<br /> assistance. There are many, again—especially<br /> those whose incomes from their literary works run<br /> to four figures—who derive no small benefit from<br /> an agent’s help. For these the agent works with<br /> untiring zeal, as the work is not difficult to place,<br /> and the returns are large. ‘There are those, again,<br /> <br /> who are hopelessly unbusinesslike. For these an<br /> agent is essential whether the author’s returns are<br /> large or not.<br /> <br /> To the beginner, as a rule, the agent is of very<br /> <br /> THE AUTHOR.<br /> <br /> 181<br /> <br /> little use. The author’s marketable output is so<br /> small that it does not pay the agent to make any<br /> considerable effort. ‘To the author who is aiso a<br /> man of business, unless he can make an arrange-<br /> ment at a considerably lower figure than the usual<br /> 10 per cent., the agent is again of very little use.<br /> <br /> The only people, therefore, to whom an agent<br /> is really essential are those writers with a medium<br /> or large output, who lack business capacity, and,<br /> in some cases, those writers with a large output<br /> who hold a reasonable contract ; but a reasonable<br /> contract is certainly not 10 per cent. on all income<br /> continuing while the copyright lasts. The figure<br /> of remuneration should be determined by arranging<br /> either for a lower percentage or 10 per cent. up to<br /> a fixed sum.<br /> <br /> The business of a literary agent is not run on<br /> philanthropic lines any more than that of a pub-<br /> lisher, and it is necessary therefore, and natural,<br /> for him to give more detailed attention and greater<br /> care to those who bring him in a large income,<br /> than to those whose output is small. But there<br /> are one or two important questions which call for<br /> remark, and one or two dangers to be avoided<br /> which, arising out of the employment of the<br /> middleman, fall outside the agent’s legitimate<br /> work.<br /> <br /> In many cases an editor, in order to avoid<br /> trouble, goes to an agent and says that he wants<br /> a story by a certain author for which he will pay<br /> a certain price. The agent, who has not the<br /> name of the author on his books, finds out his<br /> address and writes to him. ‘The author consents<br /> to the contract and the agent takes 10 per cent.<br /> from him, Surely, on this occasion, the agent is<br /> acting, not for the author, but for the editor, from<br /> whom his commission should come? The author<br /> is, no doubt, to blame, and could dispute the<br /> charge if he was fully cognisant of his legal posi-<br /> tion, but unfortunately he yields himself an easy<br /> prey to the persistent agent.<br /> <br /> Again, agents have been known to go round to<br /> editors and offer to obtain stories for them from<br /> authors whose names are not on their books—<br /> again with a beneficial result to the agent out of<br /> the author’s pocket. But it is the wrong person<br /> who pays. Some literary agents indeed clearly<br /> state that they are acting for publishers and<br /> editors. If this is the case they have no right to<br /> charge the author commission on work placed with<br /> one of the editors or publishers for whom they are<br /> acting. The point is becoming one of great, and<br /> grave importance, as there are signs that agents<br /> do not always keep the welfare of the author before<br /> them, but are inclined to play the publisher’s hand<br /> rather than the author&#039;s.<br /> <br /> The facts must be plainly stated, and some<br /> clear understanding must be arrived at. An agent<br /> <br /> <br /> 182<br /> <br /> cannot act for both parties in a financial bargain.<br /> If he attempts to hold such an anomalous position, it<br /> is clear that one party must suffer. As a rule the<br /> sufferer is the author, who is much less capable of<br /> solving these financial difficulties than the editor<br /> or publisher. But in whatever way the bargain<br /> goes, the agent must be tarnished. This is no<br /> imaginary case, and matters are getting more<br /> serious as the competition amongst agents Increases.<br /> <br /> The second point arises where an agent purchases<br /> and sells literary work acting as principal. The<br /> commencement of this dangerous practice is in<br /> this wise. An agent is employed by an author<br /> whose works have more literary merit than public<br /> approval, and enters into a contract with a pub-<br /> lisher or editor on his behalf, under which payment<br /> is to be made at certain future dates. The author<br /> feels the grip of poverty. The agent, with com-<br /> mendable charity, provides the money at con-<br /> siderably more than the bank rate of interest.<br /> This method is then carried a step further, and<br /> the agent actually purchases copy outright, merely,<br /> of course, to oblige the author, and, waiting<br /> his opportunity, sells again to the publisher or<br /> editor at a figure which amply covers all risks, and<br /> is much more profitable than dealing at 10 per<br /> cent. Eventually he finds it better policy to<br /> interest himself in the rising author on this basis,<br /> <br /> and neglects the business of those who still desire<br /> to employ him as a bond fide agent on commission<br /> <br /> terms. Although the author acquiesces in the<br /> arrangement, he does so to the danger of his fellow<br /> craftsmen ; for this mixture of principal and agent<br /> is no less dangerous than the other practices referred<br /> to, and brings discredit on the middleman.<br /> <br /> There is a further point to be considered. An<br /> agent obtains an introduction for an author to an<br /> editor. Is the author bound to pay commission<br /> on any future work placed with the same editor ?<br /> Some agents claim that this is the case so long as<br /> the author is still employing them, even though<br /> the employment may be in other matters. Some<br /> go so far as to claim it even when the agency<br /> contract is at an end. There is, of course, the<br /> agent’s point of view—that it would be possible to<br /> find markets for an author, and it would be possible<br /> for the author to determine his arrangement with<br /> the agent as soon as he found that his markets were<br /> sufficiently numerous.<br /> <br /> But what is tobe said of the agent who, while<br /> continuing to carry on his business, abuses his<br /> employers in no measured terms, and is particular<br /> to remark that they must be kept out of the toils<br /> of the Authors’ Society.<br /> <br /> Tf he thinks so badly of his employers, he is no<br /> doubt anxious to avoid the toils of the Society for<br /> his contracts as well as his authors. By such a<br /> proclamation he, at any rate, throws his cards on<br /> <br /> THE AUTHOR.<br /> <br /> the table. If he is overcome with this feeling<br /> would it not have been wiser—to carry the simile<br /> further—that he held up his hand to the bitter<br /> end. This is positive aggression, but the negative<br /> pole is more difficult to deal with. In this case<br /> an agent, when an author comes to him, does not<br /> tell him to avoid the Society, but takes good care<br /> not to refer to it at all. When the author gets<br /> into legal difficulties, whether rising from the<br /> fault of his guide or from other reasons, instead of<br /> giving encouragement to his becoming one of the<br /> body of his fellow workers where he would get his<br /> legal difficulties set right free of cost, he takes<br /> him off to his own solicitor and avoids in this way<br /> “the toils of the Society.” But the unfortunate<br /> author has to meet the lawyer’s bill.<br /> <br /> In any case, there appears to be only one<br /> reason why an agent should not work in harmony<br /> with the Society, and also be an ardent supporter of<br /> it, and that is, that he does not care for a too<br /> careful inspection of his contracts and of his<br /> methods of dealing with the literary property of<br /> those who employ him.<br /> <br /> From the cases quoted above, it is quite clear<br /> that, on many occasions, there is very good reason,<br /> from the agent’s point of view, why the Authors’<br /> Society should not be brought into consultation ;<br /> but other reasons arise why it is necessary that the<br /> author should keep a watchful eye over the<br /> negotiations, even when the agent is engaged in<br /> his legitimate business.<br /> <br /> To begin with, literary agents are not as a rule<br /> lawyers, and, therefore, are hardly competent to<br /> draw up a legal document or to advise the author<br /> on signing the same.<br /> <br /> This point has become apparent on reviewing a<br /> series of contracts which have been brought to<br /> the Society’s offices, unfortunately after signature<br /> and after accepting the agent’s advice.<br /> <br /> An agent has allowed an author to enter into<br /> half-profit agreements, and royalty agreements<br /> with exceedingly low royalties, and to bind him-<br /> self to the publisher for the next two books on the<br /> same terms.<br /> <br /> That the agent should pass an agreement for<br /> half profits and for low royalties might perhaps<br /> be excusable under exceptional circumstances,<br /> but that an agent should pass the two-book clause<br /> is absolutely and entirely inexcusable. Such<br /> action shows either a complete disregard of the<br /> author’s interest or an absolute ignorance of the _<br /> agent’s own business, unless, absit omen, there are<br /> other and deeper reasons for the step.<br /> <br /> This rule must be laid down as absolute : Wo<br /> author should, in any circumstances, bind himself to<br /> a publisher for more than one book.<br /> <br /> Do not sign agreements containing the above<br /> condition, not even though the agent may stand<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> over you pen in hand and demand your signature,<br /> stating that he can do no more for you if you<br /> refuse to sign.<br /> <br /> Again, agreements made through an agent are<br /> frequently brought forward, which assign transla-<br /> tion rights, Continental rights, American rights,<br /> and even dramatic rights, to the publisher, and the<br /> author has to allow the publisher 50 per cent. if he<br /> succeeds in selling or getting rid of them.<br /> <br /> Now, it is not the publisher’s business but the<br /> agent’s to sell these rights. This has repeatedly<br /> been explained. In any case, the publisher is not<br /> entitled to 50 per cent. of the returns.<br /> <br /> Again, it is possible that such a case as the<br /> following might occur :<br /> <br /> An agent is exceedingly busy with the works<br /> of many authors. It is important that he should<br /> get some of them settled and off his hands at the<br /> earliest opportunity.<br /> <br /> Therefore, in a moment of carelessness he<br /> advises an author to accept such terms as will<br /> not be satisfactory in their result.<br /> <br /> This case, like the former, points to the fact<br /> that the author cannot be too careful about what<br /> agreement he enters into, whether such agree-<br /> ment is put before him directly by the publisher<br /> or by the publisher through his (the author’s)<br /> own agent.<br /> <br /> The mere question of the financial terms of an<br /> agreement is by no means the only one which<br /> should be looked into. Jn some cases the control<br /> of the property is even of more importance to the<br /> author than the financial question.<br /> <br /> In conclusion, therefore, it is evident that agents<br /> are not only in many cases incompetent to act as<br /> legal advisers, but that often they are wanting in<br /> a knowledge of their business as the confidential<br /> assistants of authors.<br /> <br /> Tf authors have any doubt about the document<br /> laid before them they should certainly consult<br /> the Society, even though the agent may see objec-<br /> tions, as he surely will, to their adopting this<br /> course.<br /> <br /> In this paper has been set forth the many<br /> difficulties and dangers that surround an author in<br /> his dealings with the literary agent, and the<br /> subject has been treated in full detail. It must<br /> not be thought, however, that there is no brighter<br /> side to the relations. Although the number of<br /> authors’ agents is increasing, they are still a small<br /> body. There are those who do not take up the<br /> work of a great many authors, but limit them-<br /> selves strictly to work which they can do thoroughly<br /> and satisfactorily. Accordingly those for whom<br /> they deal have to report nothing but pleasant<br /> intercourse and satisfactory negotiations. There<br /> <br /> are those again, whose work on behalf of a great<br /> many authors is painstaking and reliable, and<br /> <br /> THE AUTHOR.<br /> <br /> 183<br /> <br /> the authors reap the benefit by an increased<br /> income and a larger market. The real per-<br /> fection of literary agency, however, is still to be<br /> desired. Perhaps the ideal literary agent would<br /> be one who for a fixed sum per annum, worked<br /> for a fair number of authors. Considerable work<br /> on this basis would be of the greatest benefit to<br /> those who employed him, and the least expense to<br /> the agent, as it would hardly be necessary for him<br /> under these circumstances to rent an office or<br /> employ a large staff of clerks.<br /> <br /> Again it must be stated that the matter is of<br /> serious import, and that authors should give careful<br /> consideration to the difficulties of their position.<br /> <br /> GH YF.<br /> <br /> + —o+—____——-<br /> <br /> THE MARCH MAGAZINE CONTENTS.<br /> <br /> ——+-—&lt;—<br /> LITERARY, DRAMATIC, AND MUSICAL.<br /> <br /> BLACKWOOD’s MAGAZINE.<br /> <br /> The Future of Public Taste in Literature : “ Musing<br /> Without Method.”’<br /> CONTEMPORARY REVIEW.<br /> <br /> Recollections of Renan. By Emily Crawford.<br /> Studies in Literary Psychology :—111. Carlyle and the<br /> Present Tense. By Vernon Lee.<br /> CORNHILL MAGAZINE.<br /> <br /> Herbert Spencer. By Hector Macpherson.<br /> <br /> LONGMAN’S MAGAZINE.<br /> <br /> “ A Defence of Play Reading.’’ By W. E. Hicks.<br /> <br /> MACMILLAN’S MAGAZINE,<br /> Matthew Arnold as a Popular Poet. By W. A. Sibbald.<br /> <br /> TEMPLE BAR.<br /> <br /> Heine and Sir Walter Scott. By James H. Henderson.<br /> <br /> THE FORTNIGHTLY REVIEW.<br /> <br /> Growing Distaste for the Higher Kinds of Poetry. By<br /> Alfred Austin.<br /> <br /> Collected Poems of Christina Rossetti.<br /> Hueffer.<br /> <br /> By Ford Madox<br /> <br /> THE MONTHLY REVIEW.<br /> Ainger Canon : A personal impression.<br /> Two Unpublished Poems by Crabbe.<br /> Hudson.<br /> <br /> By Edith Sichel.<br /> Edited by R.<br /> <br /> THE NATIONAL REVIEW.<br /> Is Fiction Deteriorating? By Miss Jane H. Findlater.<br /> Barly Recollections of Mr. Lecky. By A College Friend.<br /> Tue NINETEENTH CENTURY REVIEW,<br /> The Reorganization of the British Drama by the State.<br /> By Henry Arthur Jones.<br /> THE QUARTERLY REVIEW.<br /> <br /> Mr. Creevy and his Contemporaries.<br /> The Homeric Question ?<br /> The Abbé Loisy.<br /> <br /> <br /> 184<br /> <br /> WARNINGS TO THE PRODUCERS<br /> OF BOOKS.<br /> <br /> —1_—&gt;—<br /> <br /> ERE are a few standing rules to be observed in an<br /> agreement. ‘There are four methods of dealing<br /> with literary property :—<br /> <br /> I, Selling it Outright.<br /> <br /> This is sometimes satisfactory, if a proper price can be<br /> obtained. But the transaction should be managed by a<br /> competent agent, or with the advice of the Secretary of<br /> the Society.<br /> <br /> Il. A Profit-Sharing Agreement (a bad form of<br /> agreement),<br /> <br /> In this case the following rules should be attended to:<br /> <br /> C1.) Not to sign any agreement in which the cost of pro-<br /> duction forms a part without the strictest investigation,<br /> <br /> (2.) Not to give the publisher the power of putting the<br /> profits into his own pocket by charging for advertisements<br /> in his own organs, or by charging exchange advertise-<br /> ments. Therefore keep control of the advertisements,<br /> <br /> (3.) Not to allow a special charge for ‘‘ office expenses,”<br /> unless the same allowance is made to the author.<br /> <br /> (4.) Not to give up American, Colonial, or Continental<br /> rights.<br /> <br /> (5.) Not to give up serial or translation rights.<br /> <br /> (6.) Not to bind yourself for future work to any publisher.<br /> As well bind yourself for the future to any one solicitor or<br /> doctor !<br /> <br /> III. The Royalty System.<br /> <br /> This is perhaps, with certain limitations, the best form<br /> of agreement. It is above all things necessary to know<br /> what the proposed royalty means to both sides. It is now<br /> possible for an author to ascertain approximately the<br /> truth. From time to time very important figures connected<br /> with royalties are published in Zhe Author.<br /> <br /> IY. A Commission Agreement.<br /> <br /> The main points are :—<br /> <br /> (1.) Be careful to obtain a fair cost of production.<br /> <br /> (2.) Keep control of the advertisements.<br /> <br /> (3.) Keep control of the sale price of the book.<br /> <br /> General.<br /> <br /> All other forms of agreement are combinations of the four<br /> above mentioned.<br /> <br /> Such combinations are generally disastrous to the author.<br /> <br /> Never sign any agreement without competent advice from<br /> the Secretary of the Society.<br /> <br /> Stamp all agreements with the Inland Revenue stamp.<br /> <br /> Avoid agreements by letter if possible.<br /> <br /> The main points which the Society has always demanded<br /> from the outset are :—<br /> <br /> C1.) That both sides shall know what an agreement<br /> means.<br /> <br /> (2.) The inspection of those account books which belong<br /> tothe author. We are advised that this is a right, in the<br /> nature of a common law right, which cannot be denied or<br /> withheld.<br /> <br /> (3.) Always avoid a transfer of copyright.<br /> <br /> gg<br /> <br /> WARNINGS TO DRAMATIC AUTHORS.<br /> age<br /> N “Seer sign an agreement without submitting it to the<br /> a Secretary of the Society of Authors or some com-<br /> petent legal authority.<br /> 2. [t is well to be extremely careful in negotiating for<br /> <br /> the production of a play with anyone except an established<br /> manager.<br /> <br /> THE AUTHOR.<br /> <br /> 3. There are three forms of dramatic contract for plays<br /> in three or more acts :—<br /> <br /> (a.) Sale outright of the performing right. This<br /> is unsatisfactory. An author who enters into<br /> such a contract should stipulate in the contract<br /> for production of the piece by a certain date<br /> and for proper publication of his name on the<br /> play-bills,<br /> <br /> (4.) Sale of performing right or of a licence to<br /> perform on the basis of percentages on<br /> gross receipts. Percentages vary between 5<br /> and 15 per cent. An author should obtain a<br /> percentage on the sliding scale of gruss receipts<br /> in preference to the American system. Should<br /> obtain a sum in advance of percentages. &lt;A fixed<br /> date on or before which the play should be<br /> performed,<br /> <br /> (c.) Sale of performing right or of a licence to<br /> perform on the basis of royalties (i.c., fixed<br /> nightly fees). This method should be always<br /> avoided except in cases where the fees are<br /> likely to be small or difficult to collect. The<br /> other safeguards set out under heading (0.) apply<br /> also in this case.<br /> <br /> 4. Plays in one act are often sold outright, but it is<br /> better to obtain a small nightly fee if possible, and a sum<br /> paid in advance of such fees in any event. It is extremely<br /> important that the amateur rights of one-act plays should<br /> be reserved.<br /> <br /> 5. Authors should remember that performing rights can<br /> be limited, and are usually limited, by town, country, and<br /> time. This is most important.<br /> <br /> 6. Authors should not assign performing rights, but<br /> should grant a licence to perform. The legal distinction is<br /> of great importance.<br /> <br /> 7. Authors should remember that performing rights in a<br /> play are distinct from literary copyright. A manager<br /> holding the performing right or licence to perform cannot<br /> print the book of the words.<br /> <br /> 8. Never forget that United States rights may be exceed-<br /> ingly valuable. ‘lhey should never be included in English<br /> agreements without the author obtaining a substantial<br /> consideration.<br /> <br /> 9. Agreements for collaboration should be carefully<br /> drawn and executed before collaboration is commenced.<br /> <br /> 10. An author should remember that production of a play<br /> is highly speculative : that he runs a very great risk of<br /> delay and a breakdown in the fulfilment of his contract.<br /> He should therefore guard himself all the more carefully in<br /> the beginning.<br /> <br /> 11. An author must remember that the dramatic market<br /> is exceedingly limited, and that for a novice the first object<br /> is to obtain adequate publication.<br /> <br /> As these warnings must necessarily be incomplete, on<br /> account of the wide range of the subject of dramatic con-<br /> tracts, those authors desirous of further information<br /> are referred to the Secretary of the Society.<br /> <br /> ae 6<br /> <br /> WARNINGS TO MUSICAL COMPOSERS.<br /> eee,<br /> <br /> ITTLE can be added to the warnings given for the<br /> assistance of producers of books and dramatic<br /> authors. It must, however, be pointed out that, as<br /> <br /> a rule, the musical publisher demands from the musical<br /> composer a transfer of fuller rights and less liberal finan-<br /> cial terms than those obtained for literary and dramatic<br /> property. The musical composer has very often the two<br /> rights to deal with—performing right and copyright. He<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> should be especially careful therefore when entering into<br /> an agreement, and should take into particular consideration<br /> the warnings stated above.<br /> <br /> —_—___—_—_1+—&gt;—_+_—_<br /> <br /> HOW TO USE THE SOCIETY.<br /> <br /> —— &gt;<br /> <br /> i VERY member has a right toask for and to receive<br /> advice upon his agreements, his choice of a pub-<br /> lisher, or any dispute arising in the conduct of his<br /> <br /> business or the administration of his property. The<br /> <br /> Secretary of the Society is a solicitor, but if there is any<br /> <br /> special reason the Secretary will refer the case to the<br /> <br /> Solicitors of the Society. Further, the Committee, if they<br /> <br /> deem it desirable, will obtain counsel’s opinion. All this<br /> <br /> without any cost to the member.<br /> <br /> 2. Remember that questions connected with copyright<br /> and publishers’ agreements do not fall within the experi-<br /> ence of ordinarysolicitors. Therefore, do not seruple to use<br /> the Society.<br /> <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 /> <br /> 4. Before signing any agreement whatever, send<br /> the document to the Society for examination.<br /> <br /> 5. Remember always that in belonging to the Society<br /> you are fighting the battles of other writers, even if you<br /> are reaping no benefit to yourself, and that you are<br /> advancing the best interests of your calling in promoting<br /> the independence of the writer, the dramatist, the composer.<br /> <br /> 6. The Committee have now arranged for the reception<br /> of members’ agreements and their preservation in a fire-<br /> proof safe. The agreements will, of course, be regarded as<br /> confidential documents to be read only by the Secretary,<br /> who will keep the key of the safe. The Society now offers :<br /> —(1) To read and advise upon agreements and to give<br /> advice concerning publishers. (2) ‘To stamp agreements<br /> in readiness for a possible action upon them. (3) To keep<br /> <br /> agreements. (4) To enforce payments due according to<br /> agreements. Fuller particulars of the Society’s work<br /> <br /> can be obtained in the Prospectus.<br /> <br /> 7. No contract should be entered into with a literary<br /> agent without the advice of the Secretary of the Society.<br /> Members are strongly advised not to accept without careful<br /> consideration the contracts with publishers submitted to<br /> them by literary agents, and are recommended to submit<br /> them for interpretation and explanation to the Secretary<br /> of the Society.<br /> <br /> 8. Many agents neglect to stamp agreements This<br /> must be done within fourteen days of first execution. The<br /> Secretary will undertake it on behalf of members.<br /> <br /> 9, Some agents endeavour to prevent authors from<br /> referring matters to the Secretary of the Society ; so<br /> do some publishers. Members can make their own<br /> deductions and act accordingly.<br /> <br /> 10. The subscription to the Society is £1 1s. per<br /> annum, or £10 10s for life membership.<br /> <br /> THE AUTHOR.<br /> <br /> THE READING BRANCH.<br /> <br /> = ——+ -<br /> <br /> EMBERS will greatly assist the Society in this<br /> 3b branch of its work by informing young writers<br /> <br /> of its existence. Their MSS. can be read and<br /> treated as a composition is treated by a coach. The term<br /> MSS. includes not only works of fiction, but poetry<br /> and dramatic works, and when it is possible, under<br /> special arrangement, technical and scientific works. The<br /> Readers are writers of competence and experience. The<br /> fee is one guinea,<br /> <br /> o&gt; e<br /> <br /> NOTICES.<br /> <br /> 7<br /> <br /> HE Editor of Zhe Author begs to remind members of<br /> <br /> the Society that, although the paper is sent to them<br /> <br /> free of charge, the cost of producing it would be a<br /> <br /> very heavy charge on the resources of the Society if a great<br /> <br /> many members did not forward to the Secretary the modest<br /> 5s. 6d. subscription for the year.<br /> <br /> Communications for Zhe Author should be addressed to<br /> the Offices of the Society, 39, Old Queen Street, Storey’s<br /> Gate, 8.W., and should reach the Editor not later than<br /> the 21st of each month.<br /> <br /> All persons engaged in literary work of any kind,<br /> whether members of the Society or not, are invited to<br /> communicate to the Editor any points connected with their<br /> work which it would be advisable in the general interest to<br /> publish.<br /> <br /> ope<br /> <br /> Communications and letters are invited by the<br /> Editor on all subjects connected with literature, but on<br /> no other subjects whatever. Every effort will be made to<br /> return articles which cannot be accepted.<br /> <br /> <br /> <br /> 1<br /> <br /> The Secretary of the Society begs to give notice<br /> that all remittances are acknowledged by return of post,<br /> and he requests members who do not receive an<br /> answer to important communications within two days to<br /> write to him without delay. All remittances should be<br /> crossed Union Bank of London, Chancery Lane, or be sent<br /> by registered letter only.<br /> <br /> &lt;&gt;<br /> <br /> THE LEGAL AND GENERAL LIFE<br /> ASSURANCE SOCIETY.<br /> <br /> 1<br /> <br /> N offer has been made of a special scheme of<br /> Endowment and Whole Life Assurance,<br /> admitting of a material reduction off the<br /> <br /> ordinary premiums to members of the Society.<br /> Full information can be obtained from J. P. Blake,<br /> Legal and General Insurance Society (City Branch),<br /> 158, Leadenhall Street, H.C.<br /> THE AUTHOR:<br /> <br /> AUTHORITIES.<br /> <br /> —<br /> <br /> INCE the article translated from the Swedish<br /> paper came to the office special information<br /> has been received that the law has been<br /> <br /> passed under which Sweden will become a member<br /> of the Berne Convention. The Bill was passed in<br /> the First Chamber without the least opposition and in<br /> the Second Chamber by an overwhelming majority.<br /> This is satisfactory news, as the steady influx of<br /> members to the Convention makes the isolated<br /> case of those outside itstill more conspicuous. It is<br /> hoped that at no distant date Austria and Hungary<br /> will come in, and that when Russia has settledits war<br /> with Japan and its Domestic Copyright, it will also<br /> join the ranks of civilised European society ; then<br /> the United States will be the only country of any<br /> importance outside the pale.<br /> <br /> It is interesting to note that Sweden, like all<br /> other nations that have legislated recently in copy-<br /> right matters, has increased and confirmed the right<br /> of property to the originator, and thus follows the<br /> tendency of modern ideals. The reference to the<br /> Swedish Authors’ Society has a goodring about it.<br /> <br /> BorH the Authors’ Society and the National Union of<br /> Teachers ought to be interested in a controversy which is<br /> just now disturbing educational circles in New York. The<br /> City Comptroller, Mr. Grout, is about to introduce a Bill<br /> providing that no school officer shall receive for his own<br /> use any income or royalties arising out of his authorship of,<br /> or interest in, books used in the city’s schools, but shall pay<br /> any such profits into the City Treasury. The person at<br /> whom this proposed legislation is particularly aimed is Dr.<br /> Maxwell, Superintendent of Schools, who is alleged to be<br /> drawing 20,000 dols. annually in royalties from text-books<br /> of which he is the author.<br /> <br /> This cutting, taken from the Westminster Gazette,<br /> will, doubtless, interest all those members of the<br /> Society who publish educational works.<br /> <br /> The subject is one which could be argued on<br /> both sides with some effect, but if we take it for<br /> granted that the educators of the younger genera-<br /> tion are men of probity, there seem to be no<br /> persons more capable of knowing what should be<br /> taught, how it should be taught, and the form<br /> in which it should be represented to the pupils.<br /> Under these circumstances, it is scarcely fair<br /> that the teachers should be debarred from the<br /> profit arising from the result of their labours,<br /> and a policy of this kind might tend to bring<br /> upon the market an inferior article. It is<br /> unlikely that the greatest educators would devote<br /> themselves to the writing of books by which their<br /> educational methods might become known, if they<br /> were not likely to receive some reward.<br /> <br /> It will be interesting to see whether the Billever<br /> becomes law.<br /> <br /> Tur Saturday Review has published a series of<br /> letters on the question of “ tags.” The corre-<br /> spondents have put forward many which they<br /> consider should be removed from the English<br /> language, and one correspondent has gone so far<br /> as to say that when a person is given to the use of<br /> these “tags” in his writings, he, at any rate, shows<br /> he has ceased to think. Surely, this deduction is<br /> quite wrong. Many “tags ” are the crystallisation<br /> of a thought or of an idea in its most shapely form,<br /> and are therefore, in some cases, artistic works of<br /> a very high order. Because a work of high art is<br /> constantly reproduced, and is seen everywhere, it<br /> does not therefore lose its artistic merit. Besides,<br /> the user may have given the matter his most<br /> earnest consideration, and, after having tried every<br /> turn of phrase that a genius could invent, may<br /> have come to the conclusion that the method of<br /> expressing his idea most clearly and lucidly is<br /> through the means of a “tag,” which may have<br /> been crystallised previously by some other genius.<br /> <br /> It does not necessarily follow that all “tags”<br /> are works of high art, but let us not remove them<br /> from the English language merely because they are<br /> in common use. Olearness of expression is more<br /> desirable than literary pyrotechnics.<br /> <br /> «“ TAGS.’’—SATURDAY REVIEW.<br /> <br /> Advancing by leaps and bounds.<br /> <br /> Conspicuous by his absence.<br /> <br /> More honoured in the breach than the observance.<br /> <br /> What the soldier said is not evidence.<br /> <br /> “ Which,’’ as Euclid would say, “ is absurd.”’<br /> <br /> Like Mrs. Harris, “I don’t believe there’s no sich a<br /> person.”<br /> <br /> It is always the unexpected that happens.<br /> <br /> A mad world, my Masters.<br /> <br /> &quot;Tis true, ‘tis pity ; and pity ‘tis, ’tis true.<br /> <br /> There is much virtue in an “if.”<br /> <br /> Se non e vero e ben trovato.<br /> <br /> Like Topsy, “I spect I grow’d.”’<br /> <br /> Like the late Lord Beaconsfield on a famous occasion<br /> “On the side of the Angels.”’<br /> <br /> Like Brer Rabbit, ‘To lie low and say nuffin.”<br /> <br /> Like Oliver Twist, “To ask for more.”’<br /> <br /> Like Sam Weller’s knowledge of London, “ Extensive<br /> and peculiar.”’<br /> <br /> Like Napoleon, “ A believer in big battalions.”’<br /> <br /> Pyrrhic Victory.<br /> <br /> Parthian dart.<br /> <br /> Homeric laughter.<br /> <br /> Sturm und Drang.<br /> <br /> Intelligent anticipation of events.<br /> <br /> Masterly inactivity. :<br /> <br /> Splendid isolation.<br /> <br /> Unctuous rectitude.<br /> <br /> Mute inglorious Milton.<br /> <br /> The sword of Damocles.<br /> <br /> The thin end of the wedge.<br /> <br /> The long arm cf coincidence.<br /> <br /> The soul of goodness in things evil.<br /> <br /> Hobson&#039;s choice.<br /> <br /> Frankenstein&#039;s monster.<br /> <br /> Macaulay&#039;s schoolboy.<br /> <br /> Lord Burleigh’s nod.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> RRA<br /> <br /> Sir Boyle Roche’s bird.<br /> Mahommed’s coffin.<br /> Davy Jones’ locker.<br /> “ Waiting,’ as Mr. Micawber says, “for something to<br /> turn up.”’<br /> Mr. Punch’s advice to those about to marry—‘ Don’t.”’<br /> The pen is mightier than the sword.<br /> The hand that rocks the cradle rules the world.<br /> The battle of Waterloo was won on the playing fields of<br /> Eton.<br /> This gives us pause.<br /> Take him for all in all, we ne’er shall look upon his<br /> like again.<br /> Cesar’s wife.<br /> Facilis descensus Averni, etc.<br /> Tempora mutantur, etc.<br /> Coelum non animum, etc.<br /> Sunt lachryme rerum, etc.<br /> Dum Fluvii currunt, etc.<br /> Exegi monumentum, etc.<br /> Sic vos non vobis, etc.<br /> Non tali auxilio, nec, etc.<br /> Suaviter in modo, etc.<br /> Penny wise and pound foolish.<br /> Qui s’excuse s’accuse.<br /> Not wisely but too well.<br /> <br /> THE members of the Society will, we are sure,<br /> join with us in thanking our President for the<br /> note he contributes in memory of his late friend,<br /> Sir Leslie Stephen, and in congratulating him on<br /> the improvement in his health, which has made it<br /> possible for him to resume his pen.<br /> <br /> The article by the Chairman of the Committee,<br /> which follows, was printed before Mr. Meredith’s<br /> note was received, and we publish it as it stands,<br /> although the last paragraph might have been<br /> omitted had Mr. Meredith’s tribute to “The<br /> Tramps” been before Mr. Freshfield.<br /> <br /> —_—____—_e——_e—__<br /> <br /> SIR LESLIE STEPHEN, K.C.B.<br /> <br /> Se<br /> I<br /> <br /> HEN that noble body of scholarly and cheer-<br /> ful pedestrians, the Sunday Tramps, were<br /> on the march, with Leslie Stephen to lead<br /> <br /> them, there was conversation which would have<br /> made the presence of a shorthand writer a bene-<br /> faction to the country. A pause to it came at the<br /> examination of the leader’s watch and Ordnance<br /> map under the western sun, and word was given for<br /> the strike across country to catch the tail of a train<br /> offering dinner in London, at the cost of a run<br /> through hedges, over ditches and fallows, past pro-<br /> clamations against trespassers, under suspicion of<br /> being taken for more serious depredators in flight.<br /> The chief of the Tramps had a wonderfully calcu-<br /> <br /> THE AUTHOR. 187<br /> <br /> lating eye in the observation of distances and the<br /> nature of the land, as he proved by his discovery<br /> of untried passes in the higher Alps, and he had<br /> no mercy for pursy followers. I have often said of<br /> this life-long student and philosophical head, that<br /> he had in him the making of a great military<br /> captain. He would not have been opposed to the<br /> profession of arms if he had been captured early<br /> for the Service, notwithstanding his abomination<br /> of bloodshed. He had a high, calm courage, was<br /> unperturbed in a dubious position, and would con-<br /> fidently take the way out of it which he conceived<br /> to be the better. We have not to deplore that he<br /> was diverted from the ways of a soldier, though<br /> England, as the country has been learning of late,<br /> cannot boast of many in uniform who have capacity<br /> for leadership. His work in literature will be<br /> reviewed by his lieutenant of Tramps, one of the<br /> ablest of our writers. The memory of it remains<br /> with us, as being the profoundest and the most<br /> sober criticism we have had in our time. The<br /> only sting in it was an inoffensive humorous<br /> irony that now and then stole out for a roll over,<br /> like a furry cub, or the occasional ripple on a lake<br /> in grey weather. We have nothing left that is<br /> like it.<br /> <br /> One might easily fall into the pit of panegyric<br /> by an enumeration of his qualities, personal and<br /> literary. It would be out of harmony with the<br /> temper and characteristics of a mind so equable.<br /> He, the equable, whether in condemnation or<br /> eulogy. Our loss of such a man is great, for<br /> work was in his brain, and the hand was active<br /> till close upon the time when his breathing ceased.<br /> The loss to his friends can be replaced only by an<br /> imagination that conjures him up beside them.<br /> That will be no task to those who have known<br /> him well enough to see his view of things as they<br /> are and revive his expression of it. With them<br /> he will live despite the word farewell.<br /> <br /> GEORGE MEREDITH.<br /> <br /> —-—&lt;&gt;—-+——<br /> <br /> IT.<br /> <br /> In Sir Leslie Stephen, who died on the 22nd<br /> of February in his seventy-second year, the world<br /> of letters has lost one of its most prominent<br /> figures, and English criticism its acknowledged<br /> head. Poets, according to an obiter dictum of<br /> Tennyson, must be estimated by the quantity<br /> as well as the quality of their work. If the same<br /> standard may be applied to critics Stephen is likely<br /> to hold a very high place in the judgment of<br /> posterity. At the beginning of his literary career<br /> he was content to do hack-work; he even translated<br /> a mediocre German work on the Alps. But he<br /> never gave the public anything but his best. A<br /> <br /> <br /> 188<br /> <br /> more conscientious literary craftsman never lived.<br /> Though he had little sympathy with Dryasdusts,<br /> he was indefatigable in research. When his own<br /> shelves failed him for a reference he—as he once<br /> told me—went first to the Atheneeum, then to the<br /> London Library, and finally, not without a groan,<br /> made a pilgrimage to the British Museum. It<br /> would be difficult to point out a single piece of<br /> indifferent or hasty workmanship in the list of his<br /> published volumes. That list, from the “ Play-<br /> ground of Europe” (1871) to his last volume,<br /> “ English Literature and Society in the Highteenth<br /> Century,” is an astonishingly long and varied one ;<br /> yet it represents only a portion of his labours. We<br /> have also to take into account his long connection<br /> with journalism—particularly with the Saturday<br /> Review in its golden days, and the Yall Mali<br /> Gazette, and in later years his many articles in the<br /> National Review and the Dictionary of National<br /> Biography, and further to remember that, while its<br /> editor, he was engaged in a task that most men<br /> would have found altogether engrossing. If the<br /> original idea of this gigantic undertaking came<br /> from its publisher, Mr. George Murray Smith, it<br /> owed to Stephen its scope, its proportions and its<br /> success. He collected and ruled a staff of capable<br /> contributors, he set them models in the admirable<br /> articles he wrote himself, he trained a successor<br /> to follow him in the task when his own health<br /> broke down. His wide knowledge and sympathy,<br /> and his discriminating fairness to all who came<br /> under his ken made him an ideal editor for sucha work.<br /> <br /> Stephen’s literary talent was late in development.<br /> His first book, and that a book of travel (though it<br /> opens with a brilliant review of Alpine literature)<br /> was published when he was thirty-nine. For at least<br /> fourteen years he led the life of an athletic Don<br /> at Cambridge, running countless miles beside his<br /> College boat, and performing strange feats of<br /> pedestrianism—which culminated in his walking<br /> to London, fifty miles in twelve hours, to attend<br /> an Alpine Club dinner. Of this period in his<br /> career a record exists in the little volume of<br /> “Sketches from Cambridge by a Don,” first<br /> published in the Pall Mall Gazette.<br /> <br /> Stephen was by nature a critic both in literature<br /> and philosophy. But he approached criticism from<br /> its human side, through biography. He investigated<br /> systems through their teachers. It is characteristic<br /> that when he wishes to defend the eighteenth cen-<br /> tury, and put its case against the nineteenth, he<br /> evokes the ghost of Gibbon as his spokesman.<br /> The passage is brilliant, and might give cause for<br /> profitable reflection to popular politicians of the<br /> twentieth century.<br /> <br /> As an historian and essayist the philosophy and<br /> thought of the century of utilitarianism and<br /> common sense were congenial to him, and supplied<br /> <br /> THE AUTHOR.<br /> <br /> the subject of his chief works. But his many<br /> volumes of collected essays furnish proof of the<br /> width and variety of his literary sympathies.<br /> <br /> In “An Agnostic’s Apology” Stephen defined<br /> his attitude towards religious beliefs. He held<br /> that ‘there lives more faith in honest doubt<br /> than (not in half but) in all the Oreeds.” He<br /> considered them blind guesses in a region beyond<br /> human knowledge, and consequently unsound bases<br /> for any rule of life. He had a distrust of senti-<br /> mentalism, which he defines somewhere as “emotion<br /> for its own sake,” and a rooted dislike for all kinds<br /> of makebelief, above all for makebeliefs about the<br /> place of man in the Universe. He held that we<br /> ought to be able to do our duty to our fellows<br /> without the support of theological speculations.<br /> The main tendency of Stephen’s philosophical<br /> writings was, therefore, negative or destructive.<br /> But in the two volumes of his Addresses to the<br /> Ethical Society, he sets himself to work as a con-<br /> structive agent. He labours to show how humanity<br /> may grow in wisdom and happiness without seeking<br /> for a sanction for conduct in regions beyond its<br /> scope. He could not enter into the feelings of<br /> those, the majority of mankind, who find an<br /> irresistible attraction in any speculation that pre-<br /> tends to fill up the void beyond our view—and are<br /> therefore, as he put it, apt to conceal ignorance by<br /> dogma.<br /> <br /> In his literary criticisms, as in his ethical<br /> writing, Stephen’s first aim was to see things as<br /> they are. He distrusted enthusiasm, even his<br /> own. He thought it a quality out of place in a<br /> judge on the literary Bench. If he deviated in<br /> this direction he generally qualified the lapse by<br /> a quick touch of humour. At times he seems<br /> almost too just: the reader would welcome a few<br /> more expressions of personal feeling, or even pre-<br /> judice. The atmosphere, like that of a mountain<br /> top, is too clear and devoid of colour for the xsthetic<br /> mind. Stephen had not, it must be added, a<br /> creative intellect. He does not warm and kindle<br /> his readers with those illuminating flashes which<br /> one genius may throw on another when genius<br /> takes to criticism. He was himself very acutely<br /> alive to this fact, which he has alluded to in<br /> print with exaggerated self-depreciation.<br /> <br /> Stephen appeared to the public as a man of<br /> somewhat austere mind and presence. But beneath<br /> this cold exterior, constantly coming to the surface<br /> in his life and not infrequently in his writing, was<br /> a highly sensitive and emotional nature. He was<br /> through life a lover of poetry. He tells us in one<br /> of his recently published autobiographical chapters<br /> how as an undergraduate he rejoiced to catch some<br /> Freshman and recite to him Tennyson’s early<br /> poems ; and in the preface to his first book he<br /> alludes to his dislike to the retouches made in<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ‘<br /> lL<br /> i<br /> <br /> them by their author. Through life he appreciated<br /> his contemporaries, and his old friends have often<br /> heard him recite poems of Browning and Fitz-<br /> gerald, Swinburne and Meredith. In an after-<br /> dinner speech on the day the news of the death<br /> of Stevenson, whom he had introduced to The<br /> Cornhill, reached England, he declaimed with<br /> singular effect half of “A Grammarian’s Funeral.”<br /> In his essay on Matthew Arnold he describes his<br /> test for poetry : “ I believe in poetry which learns<br /> itself by heart. There are poems which dominate<br /> and haunt one; which once admitted sting and<br /> cling to one; the tune of which comes up and<br /> runs in one’s head at odd moments ; and which<br /> suddenly revive after years of forgetfulness as<br /> vigorous and lively as ever.” And yet a critic in<br /> the Atheneum has had the courage to assert that<br /> “Stephen did not really care for poetry any more<br /> than Jeffrey, and consequently was not fully quali-<br /> fied to criticise it.” ‘Chis writer might have done<br /> well to peruse the account of Jeffrey’s “ amazingly<br /> systematic and comprehensive blundering ” in<br /> poetical criticism given in the chapter on The<br /> First Edinburgh Reviewers in “ Hours in a Library :<br /> (third series).<br /> <br /> Stephen was happy not only in his profession,<br /> but also in a hobby which satisfied all his require-<br /> ments, physical and intellectual, mountaineering.<br /> His love of mountains was, as he has himself<br /> explained, complex. Climbing was to him primarily<br /> a sport, undertaken for the sake of adventure and<br /> enjoyment, a recreation in which he could give<br /> <br /> lay to the muscular energy of the primitive man<br /> <br /> and the holiday humours of the genial Don, who<br /> in Stephen underlay the critic and the philosopher.<br /> But he found the scenery of the High Alps<br /> sympathetic to his intellect, and that in more<br /> ways than one. “ Its charm,” he writes, “ lies in<br /> its vigorous originality.” And again: “The<br /> mountains represent the indomitable force of nature<br /> to which we are forced to adapt ourselves ; they<br /> speak to man of his littleness and his ephemeral<br /> nature, and therefore they should suggest that<br /> sense of awestruck humility which best befits such<br /> petty creatures as ourselves.” The Alps were for<br /> Stephen a playground, bnt they were also a<br /> cathedral. “If I were to invent a new idolatry,”<br /> he says, “I should prostrate myself not before<br /> beast, or ocean, or sun, but before one of these<br /> gigantic masses to which, in spite of all reason, it<br /> is impossible not to attribute some shadowy per-<br /> sonality. Their voice is mystic, and has found<br /> discordant interpreters; but to me at least it<br /> speaks in tones at once more tender and more awe-<br /> inspiring than that of any mortal teacher. The<br /> loftiest and sweetest strains of Milton or Words-<br /> worth may be more articulate, but do not lay so<br /> forcible a grasp on my imagination.”<br /> <br /> THE AUTHOR.<br /> <br /> 189<br /> <br /> Yet to give the scale and point the moral he<br /> drew from the High Places of the Earth, Stephen<br /> required—if not an inn at least some trace of<br /> pastoral life, ‘‘a weather-stained chalet” in the fore-<br /> ground. “Scenery,” he says, “even the wildest<br /> that is really enjoyable, derives half its charm from<br /> the occult sense of the human life and social forms<br /> moulded upon it. ‘he Alps would be unbearably<br /> stern but for the picturesque society preserved<br /> among their folds.” Yet surely in the recesses of<br /> remoter ranges where no trace of man’s presence<br /> is visible there is a sublimity like that of the<br /> starry heavens which would have appealed to his<br /> mind. Stephen, I suspect, since such scenery<br /> never came within his reach, invented a reason<br /> why he might not have cared for it.<br /> <br /> With such tastes Stephen naturally became one<br /> of the most ardent of the early members of the<br /> Alpine Club, its third President, and for two years<br /> the Editor of its Journal. In this capacity, and<br /> still more in “The Playground of Europe,” pub-<br /> lished in 1871, which he revised and added to in<br /> 1894, he set the note which has been followed ever<br /> since in Alpine literature. He showed that “a<br /> sense of humour is not incompatible with imagina-<br /> tive sensibility.” He pictured the splendours of<br /> the snows, or the unearthly grandeur of a sunset<br /> seen from the summit of Mont Blanc in pages<br /> which combine accuracy of observation with<br /> enthusiastic appreciation and sentiment. At a<br /> later date he became one of the discoverers of that<br /> enchanting Dreamland, the Alps in Winter. The<br /> chapter which bears that title is the most emotional<br /> and eloquent he ever wrote. Some of its descrip-<br /> tive passages have hardly been surpassed by any<br /> lover of mountains, even by Ruskin.<br /> <br /> Stephen did more than describe scenery. He<br /> communicated to the world the keen spirit of<br /> enjoyment of his comrades, amongst whom he<br /> gained many lifelong friends. He made light of<br /> his own feats in order to give the credit to his<br /> guides, who returned the compliment by regarding<br /> him as a hero. The fame of “Herr Stephen”<br /> will long be associated in the Vale of Meiringen<br /> with that of Melchior Anderegg. He maintained<br /> with much vivacity that no excuse was needed for<br /> climbing ; he declined, he said, to carry scientific<br /> instruments in order to ascertain how far amateur<br /> measurements might differ from those of profes-<br /> sional surveyors. The frequent speeches he made<br /> during thirty years at the annual dinners of the<br /> Club became celebrated. Their heartiness, their<br /> sudden and unexpected transitions from sentiment<br /> to humour never failed to delight the listeners.<br /> Given a sympathetic audience Stephen was one of<br /> the best after-dinner speakers of his time.<br /> <br /> Stephen’s love of pedestrianism was not limited<br /> to its higher branch—mountaineering. He founded<br /> <br /> <br /> 190 TAB AUTHOR.<br /> <br /> and for many years led on alternate Sundays<br /> a band of philosophers, authors and lawyers “ over<br /> hill over dale,” and I fear occasionally “over park<br /> over pale,” within the 30-mile radius from Charing<br /> Cross. We had now and then a judge in the<br /> company, and rumour ran that Stephen had once<br /> personally conducted a future bishop. Stephen’s<br /> frame was adapted for speed, and when a train had<br /> to be caught he strode ahead, as a more portly<br /> editor described him, “like a pair of compasses.”<br /> These walks and talks would on high days end<br /> in a lunch or a dinner at Mr. Darwin’s or Mr.<br /> Meredith’s, for the “Company of Tramps” had<br /> distinguished honorary members.<br /> <br /> With little taste for general society, Stephen,<br /> until deafness cut him off from most social pleasures,<br /> was fond of congenial company, and played a<br /> stimulating part in it. He had a singular power<br /> of attracting the affection of his numerous friends,<br /> whose frequent” visits he was happily able to enjoy<br /> to the last. -<br /> <br /> “ Multis ille bonis flebilis occidit.”<br /> D. W. F.<br /> <br /> THE ANNUAL GENERAL MEETING FOR<br /> 1904.<br /> <br /> +<br /> <br /> HE annual General Meeting of the Society<br /> a was held in the rooms of the Medical and<br /> Chirurgical Society, in Hanover Square,<br /> on March 16th, Mr. Douglas Freshfield, Chairman<br /> of the Committee of Management, in the chair.<br /> The Secretary, Mr. G. H. Thring, having read<br /> the agenda, the Chairman proceeded to put<br /> forward the report for consideration and discus-<br /> sion. This had been duly forwarded to all sub-<br /> scribing members, and in conformity with the<br /> usage of the Society was not read at the meeting.<br /> In commenting upon the more salient features of<br /> the Society’s history during 1903, Mr. Freshfield<br /> first dwelt upon the long list of distinguished<br /> members lost to the Society or literatare through<br /> death, making special reference to the names of<br /> Sir Joshua Fitch, Colonel Henderson, Mr. W. E. H.<br /> Lecky, Mr. Herbert Spencer, Mr. J. McNeill<br /> Whistler, as well as to the more recent death<br /> during the present year of Sir Leslie Stephen. In<br /> calling attention to passages in the report relating<br /> to the proper functions of the Society, he ohserved<br /> that it was not an Academy of Letters, and that a<br /> suggestion made that the Society should urge the<br /> burial of Mr. Herbert Spencer in Westminster<br /> Abbey seemed to seek to impose upon it duties<br /> hardly within its province. In the same category<br /> <br /> <br /> <br /> were other suggestions that the Society shouid<br /> undertake at its own cost any litigation any mem.<br /> ber might desire to enter‘upon, or that it should<br /> act asa literary agent for its members. With regard<br /> to this latter proposal it was pointed out that any<br /> such commercial enterprise would be inconsistent<br /> with the conditions under which the Society was<br /> registered, and would provoke the interference of the<br /> Board of Trade. Having proceeded to comment<br /> upon the legal proceedings instituted and carried on<br /> by the Society during the past year, Mr. Freshfield<br /> explained the circumstances in which the Society<br /> had incurred a liability for heavy costs in the ease<br /> of Aflalo v. Lawrence and Bullen. It had asserted<br /> an important principle on behalf of a member with<br /> success in the Court of First Instance. Against the<br /> decision there obtained appeal had been lodged, and<br /> as respondent it had won a second time in the Court<br /> of Appeal. The defendant, unsnecessfal in two<br /> courts, had appealed further, as he had a perfect<br /> right to do, and the Society had had no choice but<br /> to defend its position, and the two judgments<br /> already obtained, in the House of Lords. ‘That it<br /> had done so without success was unfortunate ; they<br /> might not as members of the Society agree with<br /> the decision, but they must submit to it. The<br /> moral was that an author in selling his work for<br /> use in a magazine or encyclopedia, if he did<br /> not wish at the same time to part with his copy-<br /> right, must say so in plain terms. Mr. Freshfield<br /> also referred to the street piracy of literary works,<br /> upon methods similar to those adopted in’ the case<br /> of music, to which he said the Society was giving<br /> attention, and making efforts to check the proceed-<br /> ings of the pirates. He concluded his speech by<br /> an allusion to the unveiling of the memorial to<br /> Sir Walter Besant in the Crypt of St. Paul’s<br /> Cathedral, and to the proposal that a replica of the<br /> memorial should be placed upon the Thames<br /> Embankment, the arrangements for which would,<br /> he hoped, be shortly concluded with the County<br /> Council, which had met the Society in the matter<br /> in a very sympathetic spirit.<br /> <br /> When the Chairman had concluded his speech,<br /> Mr. Basil Field rose and expressed a desire to<br /> make it clear to the Society that the item of<br /> £908 8s. 6d. included in the balance sheet as a<br /> liability to Messrs. Field, Roscoe and Co., the<br /> Society’s solicitors, included a large sum paid to<br /> Messrs. Lawrence and Bullen after their successful<br /> appeal to the House of Lords, in respect of costs<br /> in the House of Lords, the Court of Appeal, and<br /> the Chancery Division.<br /> <br /> Sir William Charley, K.C., congratulated the<br /> Society on its successful conduct of its litigation<br /> generally, and the Secretary for the part played by<br /> him therein, and paid a tribute to the memory of<br /> Sir Walter Besant.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> Mr. Hume Nisbet then rose and put a series of<br /> questions to the Chairman, of which he had given<br /> notice to the Secretary in writing on the day<br /> preceding the meeting.<br /> <br /> The questions with the answers made to them<br /> were as follows :—<br /> <br /> Question I.—Is the Authors’ Society a Company<br /> as well as a Society ? Answer.—Yes.<br /> <br /> Question II.—Who are the shareholders? ‘.e.,<br /> Is there a printed list to be had? Answer.—The<br /> Shareholders are the Council. The lists of the<br /> Council in the Report and elsewhere are printed<br /> lists of the shareholders.<br /> <br /> Question II.—Do they, the shareholders, receive<br /> any profits on their shares? Answer.—They do<br /> not, and are prohibited from doing so by the<br /> memorandum of association of the Company.*<br /> <br /> Question IV.—What salary does the Secretary<br /> for Society and Club draw? Also, what salaries<br /> or emoluments does he get for his numerous other<br /> duties, such as acting Manager and “&#039;reasurer for<br /> Society and Club, Solicitor, etc.? His salary as<br /> Editor is alone printed in the present Report of<br /> the Committee of Management for 1903. Answer.<br /> —The Society has nothing to do with any club.<br /> The salary of the Secretary of the Society is £360<br /> a year, which covers his services as solicitor. He<br /> receives £50 for editing Zhe Author. He has<br /> no other emoluments from the Society. There is<br /> no Acting Manager, and the Secretary is not the<br /> Treasurer.<br /> <br /> Question V.—Are these numerous duties not too<br /> heavy for one ordinary man to fulfil properly ?<br /> Answer.—The Committee have no reason to con-<br /> sider that Mr. Thring is not performing his duties<br /> to the satisfaction of the members of the Society<br /> as well as to their own.<br /> <br /> Question VI.—Have the same Committee of<br /> Management not sat long enough? ie. for the<br /> good of the Society, ought they not, along with<br /> the Council, to resign without submitting their<br /> names for re-election, if the Society is for the<br /> benefit of authors, and not a company for the<br /> benefit of shareholders ? Answer.—The election<br /> of members to fill vacancies on the Committee<br /> is placed in the hands of the Committee by<br /> the articles of association. In order to avoid<br /> the difficulties attending the alteration of the<br /> articles of association of a company and at the<br /> same time to enable members of the Society to<br /> have a voice in the matter, should any desire to do<br /> so, a circular was upon a recent occasion addressed<br /> to the members by the Committee, asking them<br /> to submit the names of candidates. No suggestion<br /> was received in reply to this. The Chairman<br /> on behalf of the Council further repudiated and<br /> condemned the suggestion put forward in the<br /> <br /> 191<br /> <br /> question that the Society was being carried on as<br /> a company for the benefit of shareholders.*<br /> <br /> In a discussion which followed Mr. Hume Nisbet<br /> did not press any specific charge against either the<br /> Committee of Management or the Secretary, although<br /> he expressed dissatisfaction with their conduct of<br /> the affairs of the Society. Nor did he meet with<br /> any support from those members present who<br /> addressed the meeting upon the subject of the<br /> questions asked. These included Mr. Edward Rose,<br /> Major Arthur Haggard, Mr. Charles Garvice, Mr.<br /> Francis Gribble and others. Mr. E. Rose called<br /> attention to the actual composition of the Com-<br /> mittee of Management and to the changes which in<br /> fact had taken place in it, and pointed out that the<br /> changes were frequent for such a body. Other<br /> speakers expressed themselves as thoroughly satis-<br /> fied with the efficiency of the Secretary and with<br /> the assistance which he afforded to members in<br /> the matters upon which they consulted him.<br /> <br /> Mr. Francis Gribble protested against the Society<br /> having such questions as those raised by Mr. Hume<br /> Nisbet sprung upon it at a general meeting without<br /> previous notice of them being included in the<br /> agenda, and concluded by moving a vote of confi-<br /> dence in the Committee of Management and the<br /> Secretary, which was carried by an overwhelming<br /> majority. A large majority also assented to a<br /> resolution moved in a second speech by Major<br /> Arthur Haggard to the effect that the Committee<br /> should be requested to consider the expediency of<br /> raising the salary of the Secretary whenever the funds<br /> of the Society permitted such a step to be taken.<br /> <br /> With regard to the two matters which composed<br /> the agenda for the meeting, the accounts and report<br /> of the Committee of Management were approved,<br /> and Mr. M. H. Spielmann, who had in due order<br /> resigned his position as a member of the Pension<br /> Fund Committee, was re-elected, no other candidate<br /> being proposed. A vote of thanks to the Chairman<br /> for his conduct of the meeting and of the affairs of<br /> the Society as Chairman of the Committee of<br /> Management was duly proposed and seconded, and<br /> was carried by acclamation.<br /> <br /> Those present included, besides those already<br /> <br /> <br /> <br /> * Norre.—the Society of Authors is registered as a com-<br /> pany with limited liability under the Companies Acts, but<br /> is one of those associations which are permitted by the<br /> Board of Trade to dispense with the word “ Limited” after<br /> their names under the 23rd section of the Act of 1867, and<br /> to enjoy other privileges. These are classed together as<br /> “ Agsociations not for Profit,” and it has to be shown that<br /> they are formed for the purpose of promoting commerce,<br /> art, science, religion, charity, or some other useful object,<br /> that it is their intention to apply their profits, if any, to<br /> promoting their object, and to prohibit the payment of any<br /> dividend to their shareholders. The licence of the Board<br /> of Trade is granted subject to conditions and regulations<br /> which have to be inserted in the memorandum and articles<br /> of association.<br /> 192<br /> <br /> mentioned: E. A. Armstrong, A. W. a Beckett,<br /> The Rev. F. W. Bamford, Mackenzie Bell,<br /> Lewis Benjamin, Herbert Bentwich, Sir William<br /> Charley, K.C., Miss E. E. Charlton, Miss Ellen<br /> Collett, Miss E. J. Curtis, Miss Violet Defries,<br /> Austin Dobson, Miss C. O’Conor-Eccles, A. Hope<br /> Hawkins, Mrs. Heron Maxwell, Miss E. M. Hine,<br /> Eyre Hussey, The Rev. 8. Whittell Key, Mrs.<br /> Knight, Mrs. Lechmere, J. M. Lely, Robert<br /> Machray, Miss Jean Middlemass, Mrs. Neila Parker,<br /> Miss Olive Katherine Parr, M. O. Portman, Hesketh<br /> Prichard, Mrs. Romanes, J. M. Sloan, Francis<br /> Storr, Albert A. Strong, Miss L. E. Tiddeman,<br /> Perey White, Miss Aphra Wilson, and others.<br /> <br /> +— &gt;<br /> <br /> THE ANNUAL DINNER.<br /> aes<br /> <br /> HE Annual Dinner of the Society of Authors<br /> will take place at the Hotel Cecil, on<br /> Wednesday, April 20th, at 7.30. Mr.<br /> <br /> Douglas Freshfield will take the chair.<br /> <br /> Notices have already been sent out to the mem-<br /> bers and associates of the Society.<br /> <br /> The following ladies and gentlemen have kindly<br /> allowed their names to stand as stewards —<br /> <br /> President, Mr. George Meredith,<br /> <br /> THE AUTHOR.<br /> <br /> Humphreys, Mrs. Des-<br /> mond (“ Rita’),<br /> Hunt, The Rey. G. Bon-<br /> avia.<br /> Hunt, Miss Violet,<br /> Hyne, C. J. Cutcliffe.<br /> Jones, Henry Arthur,<br /> Keltie, J. Scott, LL.D.<br /> Kennard, Mrs, Edward.<br /> Lee, Sidney.<br /> Leighton, Mrs. Connor,<br /> Lely, J. M.<br /> Lennox, Lady William.<br /> ‘‘ Maarten Maartens.”<br /> Marsh, Richard.<br /> McCarthy, Justin.<br /> Middlemass, Miss Jean.<br /> Norman, Henry, M.P.<br /> Norris, W. E.<br /> Oppenheim, E. P.<br /> Pain, Barry. ,<br /> Parker, Louis N.<br /> Pinero, A. W.<br /> Plunkett, The<br /> Hon. Horace.<br /> Pollock, Sir Frederick,<br /> Bart, LL.D.<br /> <br /> Right<br /> <br /> Prothero, G. W,<br /> Pryce, Richard.<br /> Reich, Emil.<br /> <br /> Serutton, Prof. T. E.<br /> Seaman, Owen.<br /> <br /> Senior, William.<br /> <br /> Shaw, G. Bernard.<br /> Sidgwick, Prof. Alfred,<br /> Spielmann, M. H.<br /> Spiers, Victor.<br /> <br /> Sprigge, 8. Squire.<br /> Stanford, Sir Charles<br /> Villiers, Mus. Doe.<br /> <br /> Street, G. S.<br /> Thompson, Sir Henry,<br /> F.R.S.<br /> Todhunter, John.<br /> Underdown, E. M., K.C.<br /> Underdown, Miss E.<br /> Upward, Allen.<br /> Wain, Louis.<br /> Watts-Dunton,<br /> dore.<br /> Wells, H. G.<br /> White, Percy.<br /> Whiteing, Richard.<br /> Zangwill, Israel.<br /> <br /> Theo-<br /> <br /> —&gt;—+—_____<br /> <br /> 2’ Beckett, A. W.<br /> <br /> Aflalo, F. G,<br /> <br /> Archer, William.<br /> <br /> Atherton, Mrs. Ger-<br /> trude.<br /> <br /> Ball, Sir Robert, F.R.S.<br /> <br /> Bateman, Robert.<br /> <br /> Beddard, F.E., F.R.S.<br /> <br /> Bell, Mackenzie.<br /> <br /> Belloc-Lowndes, Mrs.<br /> <br /> Benson, A. C.<br /> <br /> Bergne, Sir<br /> K.C.B.<br /> <br /> Besant, W. H., LL.D.<br /> <br /> Browning, Oscar.<br /> <br /> Bryce, The Right. Hon.<br /> James, M.P., D.C.L.<br /> <br /> Bullen, F. T.<br /> <br /> Burnand, Sir Frank,<br /> <br /> Campbell, Lady Colin.<br /> <br /> Capes, Bernard.<br /> <br /> Carey, Miss Rosa N,<br /> <br /> Cholmondeley, Miss<br /> <br /> &amp; Mary.<br /> <br /> Church, Prof. A. H,<br /> <br /> Clemens, S. L.<br /> <br /> Clodd, Edward,<br /> <br /> Collier, The Hon. John.<br /> <br /> Colquhoun, A. R.<br /> <br /> Henry,<br /> <br /> Conway, Sir W. Martin.<br /> <br /> Cookson, Col. Fife.<br /> <br /> Corelli, Miss Marie,<br /> <br /> Davidson, John.<br /> <br /> Doudney, Mrs. Sarah.<br /> <br /> Douglas, Sir George,<br /> <br /> art.<br /> <br /> Dowden, Prof. Edward,<br /> <br /> Esmond, H. Y.<br /> <br /> Foster, Sir Michael,<br /> K.C.B.<br /> <br /> Garnett, Richard, 0.B.<br /> <br /> Gilbert, W. 8.<br /> <br /> Gollancz, Israel.<br /> <br /> Grand, Madame Sarah.<br /> <br /> Graves, Alfred P.<br /> <br /> Gribble, Francis.<br /> <br /> Grundy, Sydney,<br /> <br /> Haggard, Major Arthur.<br /> <br /> Harraden, Miss Beatrice.<br /> <br /> Hart, Major-General Sir<br /> Reginald,<br /> <br /> Hassal, John, R. I,<br /> <br /> Hatton, Joseph,<br /> <br /> Hawkins, Anthony<br /> Hope.<br /> <br /> Hinkson, Mrs.Katherine<br /> Tynan,<br /> <br /> Hocking, Rey, Silas K.<br /> <br /> WHAT’S IN A NAME?<br /> <br /> —— &gt;<br /> <br /> HERE is a great deal in a name, especially if<br /> it is the title of a book. I fancy someone<br /> once said, “A rose by any other name<br /> <br /> would smell as sweet.” But a book by any other<br /> name might not sell as well.<br /> <br /> “The title is an important and radical part of a<br /> book,” as Miss Frances Peard has lately remarked<br /> in the Spectator. I remember reading her interest-<br /> ing novel, “An Interloper,’ when it came out<br /> some years ago. We hear from Miss Peard that<br /> two novels called “ An Interloper” now exist, and<br /> most of us have read Mrs. Jacob’s most recent and<br /> clever novel, “ Zhe Interloper.”” That makes three<br /> novels of (virtually) the same name. Miss Peard’s<br /> was, I understand, the first of the three ; but<br /> which happened to be published first is not to the<br /> point—I mean the point I want to make. The<br /> point is: First, is there a possibility of safe-<br /> guarding a title? Secondly, how can one make<br /> sure that one is not inadvertently guilty of using<br /> a title already taken ? i.<br /> <br /> It must be as annoying to Mrs. Jacob as it is to<br /> Miss Peard that they are now both pledged to the<br /> same title. a<br /> <br /> It has always been a matter of great difficulty<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> to me to discover whether a title has already been<br /> used.<br /> <br /> “ Red Pottage”’ was my fourth book, but it was<br /> the first (if I omit a small story) which was<br /> published with its original name.<br /> <br /> «Diana Tempest” had, as it seemed to me, an<br /> admirable title, but when the book was actually in<br /> proof it was discovered that a serial of that name<br /> was running in a small local newspaper. I was<br /> obliged to give up my title, and Mr. Bentley (who<br /> had spared no pains to discover whether the title<br /> had been used, and had come to the conclusion it<br /> had not) was at the expense of the correction of<br /> many sheets. The feeble name, “ Diana Tempest,”<br /> was only taken for lack of a better one, because<br /> the Press was waiting.<br /> <br /> Yet no book having the title I so reluctantly<br /> gave up has since been published, as far as I can<br /> make out, and I have watched carefully.<br /> <br /> On another occasion I had to relinquish a title.<br /> This time there was no doubt about it. It had<br /> been used. Nevertheless, several years later, the<br /> same title, word for word, was taken by one of<br /> our most distinguished novelists, and used with<br /> éclat.<br /> <br /> Surely a title should be copyright, or an author<br /> should be able to pay a fee to make it so.<br /> <br /> Would it be possible to institute a register of the<br /> titles of books, to which all new titles coald be<br /> added without delay, if the author wished to<br /> safeguard them.<br /> <br /> The author would thus, at least, know whether<br /> he has a right to the title he wishes to use by<br /> consulting this register.<br /> <br /> A moderate fee for the registration of a title,<br /> and a smaller fee to consult the list, would be<br /> gladly paid, I imagine, by anyone whose thorny<br /> lot it is to write books.<br /> <br /> Is such a recognised register quite impossible ?<br /> <br /> Also, would it be possible to register (as it were<br /> to bespeak) a title in advance ?<br /> <br /> It is an awful thing for an expansive and con-<br /> fiding nature to go about for three years with a<br /> title bottled up inside it. The first use (or rather<br /> mis-use) I should personally make of this register<br /> would be to feverishly inscribe thereon—as my own<br /> property—about twelve “taking” titles for my<br /> next book. I would not mind paying a guinea<br /> each, just to keep the wolves (I mean my brother<br /> novelists) from the door.<br /> <br /> Of course I should be sat upon at once by the<br /> gods who created the Register, who would no<br /> doubt make some tiresome rule in order to coerce<br /> me. Perhaps on the whole it would be fairer if we<br /> <br /> were only allowed to bespeak one title, and that<br /> only for a certain number of years.<br /> <br /> Can anything be done ?<br /> <br /> : Mary CHOLMONDELEY.<br /> <br /> 193<br /> <br /> A PLEA FOR ENGLISH.<br /> oo<br /> <br /> HAVE read the remarks in “A Plea for<br /> Pedantry” in the March number of The<br /> Author with much interest. But there are<br /> <br /> two statements made there on which I should<br /> like to comment. One of these recommends the<br /> study of the Latin grammar because “it inculcates<br /> the difference between nominatives, datives, and<br /> accusatives.” This is no doubt useful advice, but<br /> it is not the most excellent way. If any one really<br /> wishes to learn such points of grammar with a view<br /> to writing English, and not Latin, it would be far<br /> safer to study Dr. Sweet’s Anglo-Saxon Primer, and<br /> to learn the use of such cases by reading some of<br /> <br /> _ the works of our greatest master of Old English<br /> <br /> prose, whose name was Ailfric.<br /> <br /> Another method is to study the metre of Chaucer.<br /> Any one who will be at the trouble of ascertaining<br /> how the final e, which is of such value for the<br /> scansion of his lines, invariably depends upon con-<br /> siderations of etymology and grammar, will learn<br /> more about English grammar in two or three weeks<br /> than he will by studying Latin grammar for two<br /> or three years. Why writers usually neglect such<br /> obvious precautions is indeed a mystery. Perhaps<br /> it is due to the old prejudice which was certainly in<br /> vogue when I was myself at school. It was then<br /> generally believed that English grammar is the<br /> same thing as Latin grammar—which it is not—<br /> and that the study of Old English is one that is<br /> only fit for antiquaries and other harmless drudges.<br /> I fear that the same idea is still common, and that<br /> the serious study of English is still too much<br /> despised.<br /> <br /> The other statement is one to which I demur<br /> altogether, viz., that “grammar is really a branch<br /> of logic.” Strictly speaking, this can be defended ;<br /> but it is apt to be misleading. Grammar is only<br /> founded upon logic in the main ; but in details<br /> every language varies from logic according to its<br /> own idiosyncrasies ; else there would be no idioms.<br /> In Greek, the use of a neuter plural with a verb in<br /> the singular is strictly grammatical, though it<br /> utterly contradicts logic ; and the same may be<br /> said of the use of the double negative. Latin<br /> grammar and English grammar differ widely ;<br /> where Latin says “ Balbus eedificat murum,”<br /> English says “Balbus is building (rather than<br /> builds) a wall.” ‘Turn the dog out” is perfectly<br /> good English ; but ‘verte canem ex ” has rightly<br /> been considered as canine Latin. I hold that<br /> nothing is more illogical than to judge of the<br /> usages of one language by the standard of another.<br /> By all means learn Latin and Greek and French<br /> and German ; but do not imagine that these alone<br /> will teach you native English idioms.<br /> <br /> Water W. SKEAT.<br /> 194<br /> <br /> UNITED STATES PUBLISHERS’<br /> ASSOCIATION.<br /> <br /> —1-—~ +<br /> <br /> Points for Consideration.<br /> <br /> HE Publishers’ Association in the United<br /> States is a very active body.<br /> <br /> The efforts which it put forward in order to bring<br /> about the passing of the Copyright Act are known<br /> to all members of the Society. Mr. George Haven<br /> Putnam has taken upon himself the mantle of his<br /> father, in dealing with these matters. It was<br /> mainly through his instrumentality that Germany<br /> was persuaded to continue its Copyright Treaty<br /> and await the result of the efforts of the United<br /> States publishers to amend the law which dealt<br /> with the output of books in foreign languages.<br /> <br /> All these things are matters of record.<br /> <br /> We await further developments of the United<br /> States Publishers’ Union towards free and fuir<br /> trading in other quarters.<br /> <br /> But it is not alone in questions of copyright that<br /> the activity of the Association is in evidence. It<br /> has made a great effort to benefit the lot of the<br /> bookseller by producing net books, and has carried<br /> on expensive litigation—not always, it is feared,<br /> with success—in order to confirm those rules of<br /> the Association which the majority of booksellers<br /> and publishers consider best for the trade.<br /> <br /> It seems clear, if it is possible to arrive at a just<br /> decision from the support that is given it, that the<br /> net system in the main works satisfactorily.<br /> <br /> “ Fiction,” however, and “ Juveniles” have not<br /> as yet been included in this system either in England<br /> or the United States,”<br /> <br /> The Publishers’ Weekly (United States) writes as<br /> follows on the subject :—<br /> <br /> “The recent action of the American Publishers’ Associa-<br /> tion shows that the majority of the trade is not yet ready<br /> for the inclusion of fiction in the net system, though we<br /> believe that a step forward in this direction is only a<br /> matter of time after the net system shall have been<br /> thoroughly established. We cannot repeat too often that<br /> it is a matter for congratulation that, despite the attacks<br /> on the net system, so much progress has been made with so<br /> few drawbacks in the short Space of two years, whereas<br /> in other countries twice and thrice this time has been<br /> required to affect as much betterment in trade methods.<br /> It is, on the whole, wise in such matters to go slowly ; and<br /> although there will doubtless be dissatisfaction here and<br /> there that the Publishers’ Association is not ready for<br /> another forward step, yet it must be admitted by the<br /> advocates of that step that there are many reasons for<br /> holding back. One of these is the geographical extent of<br /> this country, which makes carriage from the publishing<br /> centres to the extreme parts of the country a costly expense<br /> which must be paid for out of the margin of profit—the<br /> result of which is that prices on fiction are fairly held in<br /> part of the country, and that a reduction of price conse-<br /> quent on the application of the net system would work<br /> hardships. This, of course, is an objection to the whole<br /> <br /> THE AUTHOR.<br /> <br /> net system, and the present situation is really a compromise<br /> between the new net system and the old “ go-as-you-please ”<br /> and demoralising method. A decided advance, however,<br /> was made in limiting the discount on fiction, so that<br /> fiction cannot be sold at absolutely cut-throat prices as<br /> bait or advertisement for other lines of goods.<br /> <br /> “The movement to include ‘juveniles’ as fiction is<br /> perhaps so strong that it cannot be stayed. We regret<br /> this fact for the two reasons that it will be extremely<br /> difficult to define the limits of ‘juveniles, and that the<br /> change is a step backward instead of a change forward.<br /> There is considerable pressure, however, from housés which<br /> deal largely in ‘juveniles,’ and only protests from the retail<br /> trade to such houses, between the present time and the<br /> next meeting of the Association, can avert a change. It is<br /> important that the real feeling of the retail trade, pro and<br /> con, should thus be communicated either directly to the<br /> interested houses or to the columns of The Publishers?<br /> Weekly, which invites communications on this subject.”’ *<br /> <br /> Again the Association is interesting itself in<br /> postal reform.<br /> <br /> A favourable vote was passed on the following<br /> resolution :—<br /> <br /> “That the American Publishers’ Association instruct its<br /> Postal Committee to inquire into the efforts of the Postal<br /> Congress League to secure postal advancement, and into<br /> its endeavours to secure a parcel post and to secure postal<br /> rates not inimical to the interests of publishers and book-<br /> sellers, and if said Committee shall approve of such work,<br /> such Committee to report to the Board of Directors for any<br /> further action.”<br /> <br /> Now all these points are directly and indirectly<br /> <br /> important to British authors. They are methods<br /> of dealing with authors’ property. Accordingly,<br /> they should be carefully considered and not<br /> thoughtlessly set aside.<br /> <br /> With regard to the United States copyright,<br /> there is nothing to be said that has not been said<br /> hundreds of times and in a hundred places already.<br /> “Everything comes to him who waits.” If the<br /> Authors’ Society endures to the end it will no<br /> doubt see the perfect copyright law not only the<br /> other side of the water, but in the British Empire<br /> also.<br /> <br /> The question of net prices and the booksellers’<br /> trade was dealt with, as far as British Trade was<br /> concerned from the author’s standpoint, in two<br /> articles in the issues of The Author for J anuary and<br /> March, 1903. To these members are referred.<br /> <br /> So far it has been impossible to obtain definite<br /> information from the United States concerning the<br /> sales of books. When they come to hand they<br /> will be recorded.<br /> <br /> <br /> <br /> * Since the above was written, the Association have<br /> decided that on and after April Ist juvenile books may be<br /> published at a net price or on the same basis as fiction, at<br /> the option of the individual publishers.<br /> <br /> + $e»<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR. 195<br /> <br /> FRIENDS IN NEED.<br /> <br /> ———<br /> <br /> HAVE four boards and four pegs. The boards<br /> are about a foot and a-half each in length<br /> and, together, an inch or more in thickness.<br /> <br /> So, it will be seen, they will pack into a very small<br /> compass in a portmanteau. They are really the<br /> two sides and the two shelves, with the fastenings,<br /> of a small bookcase ; the four pegs bind shelves<br /> and sides in a firm grip, making them ready to<br /> receive books.<br /> <br /> Now for the books! Within the space the case<br /> allows I have fifty-four volumes. ‘These comprise<br /> the best of the works of Shakespeare, Bacon,<br /> Milton, Dryden, Sir Thomas More, Addison, Pope,<br /> Byron, Shelley, Keats, Carlyle, Sir Humphrey<br /> Davy, Boccaccio, Cowper, Burns, Wordsworth, and<br /> sixteen other famous authors. Now for the cost<br /> of the whole. The bookcase T bought for one<br /> shilling and_threepence; the books (with the<br /> exception of Milton’s poems, which once belonged<br /> to my father ; a pocket edition, bearing date 1818)<br /> were purchased for ten shillings and sixpence !<br /> <br /> For this small sum I can enjoy the labours of<br /> many writers ; never be without companionship,<br /> and that the wisest and best.<br /> <br /> But, you may ask, why not have higher priced<br /> editions, placed on permanent shelves in the study ?<br /> T answer, because this portable library of mine can<br /> be taken, when the glorious spring-time comes,<br /> into the country districts where, perhaps, only the<br /> inhabitants will be found tedious :<br /> <br /> “Why, Nature, waste thy wonders on such men.”’<br /> <br /> There in the quietude of the evening, when the<br /> sitting-room of the village inn might seem a trifle<br /> uninteresting, my dainty volumes can “ teach me<br /> what is good,” can, as is 80 beautifully expressed in<br /> the well-known lines,<br /> <br /> “ Save me from folly, vanity, and vice,<br /> From every low pursuit ; and feed my soul<br /> With knowledge, conscious peace and virtue pure,<br /> Sacred, substantial, never failing bliss.”’<br /> <br /> J. Harris BRIGHOUSE.<br /> <br /> —— oO<br /> <br /> « JOURNALESE.” (THE NEW BAD<br /> LANGUAGE.)<br /> <br /> og<br /> We an ancient language dies<br /> Some new one will arise,<br /> Hence no one feels surprise<br /> At “ Journalese.”<br /> With the time we must keep pace (?)<br /> So the Anglo-Saxon race -<br /> Has decided to embrace<br /> « Journalese.”<br /> <br /> The “split infinitive ”<br /> <br /> Is a voice you must forgive<br /> <br /> When the folk with whom you live<br /> Talk “ Journalese.”<br /> <br /> If they say you&#039;re “different to<br /> <br /> Other writers ””—that can do<br /> <br /> Very little harm to you—<br /> It’s “‘ Journalese.”<br /> <br /> If “ Parliament” you think<br /> Needs a plural verb, they&#039;ll wink<br /> At an error, writ in ink—<br /> <br /> (It’s “ Journalese.”’)<br /> You never need to mind<br /> That your style should be refined<br /> When you cater for the kind<br /> <br /> “ Journalese.”<br /> <br /> If a “dictionary word”<br /> You should scoff at (as absurd)<br /> Such as “laughable ”—it’s heard<br /> In “ Journalese.”<br /> You can’t “laugh” a thing, you know,<br /> But you have to let it go,<br /> Because folk love it so<br /> In “ Journalese.”<br /> <br /> Your adverbs you may “chuck<br /> <br /> All around” and trust to luck<br /> <br /> ‘As to where they may “ get stuck ”<br /> In “ Journalese.”<br /> <br /> And superlatives you pile<br /> <br /> Till you make the angels smile<br /> <br /> For they call that “ trenchant style”<br /> In “ Journalese.”<br /> <br /> All the charms of this new speech<br /> If I sang, the song would reach<br /> From Shanghai to Brighton Beach.<br /> For “ Journalese ”<br /> Borrows slang from every tongue<br /> With which man has prosed or sung ;<br /> It began when Earth was young<br /> Did “ Journalese.”<br /> <br /> BE. Urwick.<br /> <br /> a<br /> <br /> CORRESPONDENCE.<br /> <br /> —<br /> A PLEA FOR PEDANTRY.<br /> I<br /> <br /> Sir,—If the Society of Authors could persuade<br /> that “ puri sermonis amator,” the Pall Mall Gazette,<br /> to cease from splitting infinitives, ‘‘ to further queer<br /> the pitch,” and from using “ momentoes” for<br /> <br /> “« mementoes,” and “to while away the time ” for<br /> “to wile away the time,” I should rejoice greatly.<br /> Your obedient servant,<br /> Freperick WILLIAM ROLFE.<br /> 196<br /> o<br /> <br /> Sir,—I wish that Miss Black had given a few more<br /> specimens of how English is, and ought nof, to be<br /> written in her “ Plea for Pedantry ” in The Author<br /> for March. Even Miss Masson, in the February<br /> number, did not mention that—may I say ?—<br /> terrible compound “ Whatever do you mean?”<br /> ““ Whyever did you say that?” It is to be found<br /> in the works of some of the sbest of our modern<br /> novelists. In Ireland shall and will puzzle the<br /> native, but “sofar,” “idear,” “« Mariar,” etc, are<br /> not heard, and, as a rule, Irish clergymen did not<br /> pray God to bless “ Victoria—rour Queen.”<br /> <br /> And again, there is the pitfall of the adverb<br /> squeezed in between two parts of a verb, as, for<br /> instance, “The boy is unquestionably lazy,” “The<br /> girl is distinctly satisfied with herself,” “ He stoutly<br /> refused,” “ He strenuously opposed,” and so on.<br /> <br /> For Miss Black’s collection of sentences which<br /> are topsy-turvy, I give the following. They were<br /> copied by me from newspapers.<br /> <br /> “On the 10th inst., at Dash Road, N., John James Fowler<br /> in the sure and certain hope of a blessed resurrection, in<br /> the house of his mother-in-law,”’<br /> <br /> “To be sold, a grand piano, the property of a lady with<br /> carved legs.’’<br /> <br /> ** Lost, a cameo Brooch, containing Venus and Adonis on<br /> the Edgeware Road.”’<br /> <br /> Miss Black would have been kind if, for the<br /> benefit of the less well instructed, she had ex-<br /> plained, exactly, how the sentence beginning<br /> * Those whom” should run. I should have written<br /> “ Those who had been destined by Providence to be<br /> the chief ornaments—.” But I am not an expert,<br /> therefore I do not dogmatise. | hope that the<br /> Pleas for Pedantry will be continued in The<br /> Author.<br /> <br /> A MEMBER oF THE Socrery.<br /> <br /> — 1<br /> <br /> Boox Disrrigurion,<br /> <br /> Sin,—It seems to me high time that authors<br /> and publishers should form a mutually defensive<br /> alliance against the encroaching power of the<br /> great book distributors. I have good reason<br /> to be convinced that unless Messrs. Simpkin,<br /> Marshall &amp; Co., Smith &amp; Co., and Mudie choose<br /> to take up a book, that book might as well remain<br /> in MS., for not all the reviewing and advertising in<br /> the world will sell it against their inclination !<br /> They are able to dump down upon the country<br /> whatever books they like and withhold any that,<br /> for some reason or other, they do not care to<br /> supply. Anybody who lives in the provinces will<br /> Support me in the assertion that it is almost<br /> impossible to obtain the books one wants to read,<br /> <br /> THE AUTHOR.<br /> <br /> if those books happen to be by unpopular writers<br /> or of a type not palatable to the general taste. J<br /> have been trying hard for more than a year to get<br /> a book I saw favourably reviewed in December,<br /> 1902, but three provincial libraries have not been<br /> able to procure it !<br /> <br /> And not only are we helpless at the libraries,<br /> but the buying of books is made difficult for us,<br /> A friend who ordered my last novel from a book-<br /> seller at Christmas was shown a letter (I presume<br /> from the almighty middleman) stating that the<br /> first edition was exhausted, which was a deliberate<br /> lie ; and the manager of a country bookstall, who<br /> also ordered it, was told that there was some diffi-<br /> culty with the publishers, another equally false<br /> statement. I havea serial coming outina magazine<br /> that is not very well known, and several of my<br /> friends have tried to get it. But no bookseller<br /> seems able to achieve this feat. The agents simply<br /> declare that such a magazine does not exist !<br /> <br /> It will be asked, why do not booksellers write<br /> straight to publishers for the works published by<br /> them? ‘To that I can make no reply, except that,<br /> as a rule, they will not. I suppose it is a question<br /> of postage.<br /> <br /> The agents will say that they supply whatever is<br /> demanded, which means, whatever is popular. But<br /> there is an increasing demand for better books than<br /> those we find in our country libraries. Even the<br /> Philistine is dissatisfied with the rubbish foisted<br /> upon him, and everywhere we hear the complaint,<br /> “ { can’t get anything fit to read.”<br /> <br /> Are publishers content to let this go on, to<br /> remain helpless in the hands of these autocrats<br /> who govern the market? If they are, I suppose<br /> we authors can do nothing. I am hoping that two<br /> new enterprising libraries, recently established,<br /> may help to break up the ring ; but who knows ?<br /> They may follow the old lead.<br /> <br /> Yours truly,<br /> A PROTESTANT.<br /> Se<br /> <br /> Epitine,<br /> <br /> Sir,—I presume Mr. Pretor’s letter on “The<br /> New Departure in Editing,” in the March Author,<br /> <br /> is intended to be sarcastic. Those Editor’s com-<br /> ments of Pearson’s Magazine seem to me simply<br /> impertinent. Surely no self-respecting writer would<br /> send a second story to an editor who had presumed<br /> to label his work “feeble in plot” or “ weak in<br /> style.” :<br /> When one reads the stuff that finds its way into.<br /> the illustrated magazines, one certainly does not.<br /> yearn for the counsel and criticism of their editors !<br /> Yours truly,https://historysoa.com/files/original/5/492/1904-04-01-The-Author-14-7.pdfpublications, The Author
493https://historysoa.com/items/show/493The Author, Vol. 14 Issue 08 (May 1904)<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=49&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=%3Cem%3EThe+Author%3C%2Fem%3E%2C+Vol.+14+Issue+08+%28May+1904%29"><em>The Author</em>, Vol. 14 Issue 08 (May 1904)</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>1904-05-01-The-Author-14-8197–224<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=89&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=14">14</a><a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=76&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=1904-05-01">1904-05-01</a>819040501Che Huthbor.<br /> <br /> (The Organ of the Incorporated Society of Authors. Monthly.)<br /> <br /> FOUNDED BY SIR WALTER BESANT.<br /> <br /> <br /> <br /> <br /> <br /> Vou. XIV.—No. 8.<br /> <br /> May Ist, 1904.<br /> <br /> <br /> <br /> [Prick SIXPENCE.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> TELEPHONE NUMBER :<br /> 374 VICTORIA.<br /> <br /> TELEGRAPHIC ADDRESS :<br /> AUTORIDAD, LONDON.<br /> <br /> _—________¢ ~&lt;—e —___—_-<br /> <br /> NOTICES.<br /> <br /> —+—&lt;&gt; +<br /> <br /> OR the opinions expressed in papers that are<br /> signed or initialled the authors alone are<br /> responsible. None of the papers or para-<br /> <br /> graphs must be taken as expressing the opinion<br /> of the Committee unless such is especially stated<br /> to be the case.<br /> <br /> Tue Editor begs to inform members of the<br /> Authors’ Society and other readers of The Author<br /> that the cases which are from time to time quoted<br /> in The Author are cases that have come before the<br /> notice or to the knowledge of the Secretary of the<br /> Society, and that those members of the Society<br /> who desire to have the names of the publishers<br /> concerned can obtain them on application.<br /> <br /> _<br /> <br /> List of Members.<br /> <br /> Tue List of Members of the Society of Authors<br /> published October, 1902, at the price of 6d., and<br /> the elections from October, 1902, to July, 1903, as<br /> a supplemental list, at the price of 2d., can now be<br /> obtained at the offices of the Society.<br /> <br /> They will be sold to members or associates of<br /> the Society only.<br /> <br /> —_+—+——<br /> <br /> The Pension Fund of the Society.<br /> <br /> Tx Trustees of the Pension Fund met at the<br /> Society’s Offices on the 19th of February, and<br /> having gone carefully into the accounts of the<br /> fund, decided to purchase £250 London and North<br /> Western 3 % Debenture Stock. Accordingly, the<br /> investments of the Pension Fund at present<br /> standing in the names of the Trustees are as<br /> follows.<br /> <br /> Vou. XIV.<br /> <br /> This is a statement of the actual stock; the<br /> money value can be easily worked out at the current<br /> price of the market :—<br /> <br /> Gorisols 24 96.5.2... .... £1000 0 O<br /> Local laosis: &lt;...-..2--. 6.7...) 500 0 0<br /> Victorian Government 3 % Consoli-<br /> <br /> dated Inscribed Stock .............--<br /> War loan 3... ees<br /> London and North Western 3 % Deben-<br /> <br /> GUC SLOCK 00h ee<br /> <br /> 291 19 11<br /> 20k 9 8<br /> <br /> 250 0 0<br /> <br /> Subscriptions from October, 1903.<br /> <br /> Nov. 18,<br /> Dec. 16,<br /> 1904.<br /> <br /> Jan. 6, Hills, Mrs. C. H. .<br /> <br /> Jan. 6, Crommelin, Miss .<br /> <br /> Jan. 8, Stevenson, Mrs. M. BE. .<br /> Jan. 16, Kilmarnock, The Lord .<br /> Feb. 5, Portman, Lionel .<br /> <br /> Feb. 11, Shipley, Miss Mary<br /> <br /> Mar. Diiring, Mrs. . : :<br /> Mar. Francis Claude de la Roche<br /> April18, Dixon, W. Scarth .<br /> April18, Bashford, Harry H.<br /> April19, Bosanquet, Eustace F.<br /> April23, Friswell, Miss Laura Hain<br /> <br /> Longe, Miss Julia.<br /> Trevor, Capt. Philip<br /> <br /> OS Oo 1 So or<br /> <br /> on<br /> <br /> SGCanmnocooocorooooo<br /> <br /> Se<br /> NDOOrn<br /> <br /> Donations from October, 19038.<br /> Oct. 27, Sturgis, Julian<br /> Nov. 2, Stanton, V.H. .<br /> Noy. 18, Benecke, Miss Ida.<br /> <br /> Nov. 23, Harraden, Miss Beatrice :<br /> Dec. Miniken, Miss Bertha M. M. .<br /> 1904.<br /> Jan. 4,<br /> Jan. 4,<br /> <br /> ooococo<br /> <br /> Moncrieff, A. R. Hope .<br /> Middlemas, Miss Jean .<br /> Jan. 4, Witherby, The Rev. C. .<br /> Jan. 6, Key, The Rey. S. Whittell<br /> Jan. 14, Bennett, Rev. W. K., D.D.<br /> Jan. 2, Roe, Mrs. Harcourt<br /> <br /> Feb. 11, Delaire, Miss Jeanne<br /> <br /> ee ooo co}<br /> <br /> <br /> THE AUTHOR.<br /> <br /> FROM THE COMMITTEE.<br /> <br /> 1<br /> <br /> T the meeting of the Committee held on<br /> Wednesday, April 13th, at the Office of<br /> the Society, twenty-five members and<br /> <br /> associates were elected, making the elections for<br /> the current year one hundred and three. The<br /> recent steady increase in the Society’s numbers is<br /> well maintained.<br /> <br /> A suggestion was laid before the Committee that<br /> the Society should take up the additional duties of<br /> Authors’ agents. The Committee, after careful<br /> consideration rejected the proposal on the ground<br /> that to take such action would be contrary to the<br /> principles on which the Society was founded.<br /> <br /> Several members of the Society entered into<br /> contracts some years ago with a firm of publishers<br /> for the publication of certain works in a series<br /> which the firm stated it was their intention to<br /> issue. This series appears at present to be incom-<br /> plete. No accounts have been rendered and the<br /> firm asserts that under the existing agreements it<br /> is not liable either to render accounts or to pay<br /> anything. So far, accordingly, the members have<br /> received no remuneration for the works whichhave<br /> been published. The legal position is difficult and<br /> involved. The Committee decided to take Counsel’s<br /> opinion in order to ascertain whether it would not<br /> be possible, under the contracts, to force the firm<br /> in question to render accounts, and pay royalties<br /> on the books already issued.<br /> <br /> Since the last issue of The Author the Committee<br /> have taken further steps with regard to the infringe-<br /> ment of copyright in the case of Mr. Rudyard<br /> Kipling’s “ Barrack Room Ballads.” They have<br /> received an answer to the Report which was laid<br /> before the Chief Commissioner of the Police, and<br /> they have placed a full statement of the case in the<br /> hands of the Home Secretary. It is the intention<br /> of the Committee to take all the steps in their<br /> power to obtain an alteration in the existing law.<br /> <br /> The Report of the Copyright Sub-Committee on<br /> the United States Copyright Law was read to the<br /> Committee. It had already been forwarded, in<br /> accordance with the Committee’s former instruc-<br /> tions, to the American Copyright League. The<br /> Committee propose to print the Report in a future<br /> number of Zhe Author.<br /> <br /> There was one contentious matter before the Com-<br /> mittee, and they decided on the advice of the<br /> Society’s solicitors to take action against the<br /> publisher involved.<br /> <br /> 1<br /> Cases.<br /> <br /> One of the county court cases taken in hand<br /> last month has been satisfactorily settled—the<br /> debt and costs were paid the day before the hearing.<br /> <br /> In another county court case which was placed in<br /> the hands of the Society’s solicitor, the money was<br /> paid and the matter settled before the summons<br /> was taken out.<br /> <br /> Ten cases have been in the secretary’s hands.<br /> Of these, two were for accounts, four: for money,<br /> and four for MSS. Prompt settlements have been<br /> the rule. The accounts have in one case been<br /> rendered, and will, doubtless, be rendered in the<br /> other case also, though the matter must be delayed<br /> owing to the fact that the demand is against a<br /> New York firm. In the four cases where money<br /> has been demanded, three claims have been satisfied,<br /> whilst the fourth is still waiting settlement. Two<br /> of the four cases for the return of MSS. have been<br /> settled, but in the other two—more recent—the<br /> issue is still open.<br /> <br /> Of the cases remaining in the hands of the<br /> secretary from former months there are only two<br /> unsettled, one of which for the cancellation of an<br /> agreement, is very nearly adjusted. There has<br /> been some correspondence, but the final arrangement<br /> has not yet been arrived at. In the other case<br /> the publisher has promised to forward the accounts<br /> which are in demand, but they have not yet come<br /> <br /> to hand.<br /> ES<br /> <br /> April Elections.<br /> <br /> Alliston, Norman . . Kamesburgh, Becken-<br /> ham, Kent.<br /> <br /> Daly’s Theatre.<br /> <br /> Education Office,<br /> <br /> Maritzburg, Natal.<br /> <br /> Barrington, Rutland<br /> Barnett, P. A.<br /> <br /> Bashford, Henry Howarth<br /> Bissett, J. L. ; :<br /> <br /> 80, Sherwell Street,<br /> Johannesburg, 8S. A.<br /> Nethercote, Colwyn<br /> Bay, North Wales.<br /> Woodsgate, Pembury,<br /> Tunbridge Wells.<br /> Vevey La Tour, Swit-<br /> zerland.<br /> Mount<br /> Hampstead.<br /> 41, Princes Square, W.<br /> 11, The Mount, York.<br /> 22, Grafton Street, W.<br /> Les Quenetens, Bar-<br /> riere Rouge, Pont<br /> de Briques, P. de<br /> C., France.<br /> St. Michael’s Vicarage,<br /> Burleigh Street, W.C.<br /> “ Seabreeze,” Netley<br /> Abbey, Hants.<br /> Aber Maw, Wimble-<br /> don, 8.W.<br /> <br /> Bolton, Miss Anna<br /> <br /> Bosanquet, Eustace F.<br /> (S. Ashton) : :<br /> Chesney, Major-General<br /> F. R.<br /> Chidell, E. F. (Viator) . 2, Vernon,<br /> Davidson, A.F..<br /> Dixon, William Scarth<br /> Harcourt, R. Vernon<br /> Hight, G. A. . :<br /> <br /> Hunt, Rev. W. Henry<br /> Metcalfe, Ethel E. . :<br /> <br /> Myall, Mrs. Ambrose<br /> (Laura Hain Friswell)<br /> <br /> <br /> <br /> <br /> 15, Woodville Gardens,<br /> Ealing, W.<br /> <br /> 26, Rue du Mont Tha-<br /> bor, Paris.<br /> <br /> Oxenham, John<br /> <br /> Pavitt, A. (Saxo-Norman)<br /> <br /> Plunkett, The Right<br /> Hon. Sir Horace,<br /> <br /> 105, Mount Street, W.<br /> 37, Norfolk Square, W.<br /> Evening Mail Cham-<br /> bers, Nutchett<br /> Street, Bendigo,<br /> Australia.<br /> 27, Southampton Street,<br /> Strand, W.C.<br /> “Plasisaf” Caerwys,<br /> Flintshire.<br /> One member does not desire the publication of<br /> name or address.<br /> <br /> 9<br /> <br /> K.C.V.0., F.RB.S., ete.<br /> Prideaux, Miss 8. T.<br /> Taylor, Charles E.<br /> <br /> Weymouth, Edward S. .<br /> Williams, E. C.<br /> <br /> BOOKS PUBLISHED BY MEMBERS OF<br /> THE SOCIETY.<br /> <br /> —<br /> <br /> (In the following list we do not propose to give more<br /> than the titles, prices, publishers, etc., of the books<br /> enumerated, with, in special cases, such particulars as may<br /> serve to explain the scope and purpose of the work.<br /> Members are requested to forward information which will<br /> enable the Editor to supply such particulars.)<br /> <br /> a<br /> <br /> ART.<br /> <br /> THe PHin May Fouio of Caricature Drawings and<br /> Sketches in Line Block, Half-Tone, and Photogravure.<br /> With a Biography. 17$ x 11, xv. + 245 pp. Thacker.<br /> £2 28. n.<br /> <br /> Greav Masters. Part XI. With Introduction by SIR<br /> MARTIN Conway. Heinemann. 5s. n.<br /> Great Masters. Part XII. With Introduction and<br /> <br /> Descriptive Text by Str MARTIN CONWAY. Heine-<br /> <br /> mann. 58. n.<br /> BIOGRAPHY.<br /> <br /> Kines AND QuEENS I HAVE<br /> VACARESCO. 9 X 5%, 320 pp. Harpers. 10s. 6d.<br /> <br /> New Lerrers or THOMAS CARLYLE. Edited and Anno-<br /> tated by ALEXANDER CARLYLE. Two Vols. 8% X 5%,<br /> xiii. + 326 + 359 pp. Lane. 25s. n.<br /> <br /> Str WiLtLIAM Henry Fiower, K.C.B., F.R.S., &amp;c., late<br /> Director of the Natural History Museum, and President<br /> of the Royal Zoological Society. A Personal Memoir.<br /> By C. J. Cornisu, F.Z.S., author of “ The Naturalist on<br /> the Thames,” &amp;c. 9 x 6,274 pp. Macmillan. 8s. 6d. n.<br /> <br /> Rosserr1.—By A.C. Benson. (English Men of Letters.)<br /> 745, 238 pp. Macmillan. 2s, n.<br /> <br /> Known. By HELENE<br /> <br /> BOOKS OF REFERENCE.<br /> <br /> THe STATESMAN’S YEAR-Book, 1904. Edited by J.<br /> Scorr Ketrte. Forty-first Annual Publication.<br /> <br /> 74 x 5, 1,398 pp. Macmillan. 10s. 6d. n.<br /> <br /> DRAMA.<br /> <br /> His PontricaAL Conscience. By HA,RoLxo. 2nd edition,<br /> 9 x 54,73 pp. Burleigh. 2s. 6d. n.<br /> <br /> THE AUTHOR.<br /> <br /> 199<br /> <br /> ECONOMICS,<br /> <br /> FiscaAL Facts AND Fictions. By F. G, SHAw, F.G,.S.,<br /> Assoc. M. Inst. C.E., &amp;c. 83 X 54, 240)pp. Bailliere.<br /> 5s. n.<br /> <br /> FICTION.<br /> <br /> THE CELEBRITY AT Home. By VIOLET HUNT.<br /> 304 pp. Chapman and Hall. _ 6s.<br /> <br /> Wuat OvugHt SHE TO Do? By FLORENCE WARDEN.<br /> 73 x 5,311 pp. Chatto and Windus. 6s.<br /> <br /> Tatty. By EMILy PEARSON FINNEMORE.<br /> 304 pp. Hurst and Blackett. 3s. 6d.<br /> <br /> THe GAGE OF RED AND WHITE. By GRAHAM HOPE.<br /> 73 x 5, 323 pp. Smith, Elder. 6s.<br /> <br /> 73 x 5h,<br /> <br /> 7% x 54,<br /> <br /> Comin’ THRO’ THE RyE. By HELEN MATHERS. Popu-<br /> lar Edition. 7 X 5,437pp. Simpkin, Marshall. 1s.<br /> JOHNNY FoRTNIGHT. By EDEN PHILLPOTTS. (Cheap<br /> <br /> Edition.) 84 x 54,127 pp. Arrowsmith. 6d.<br /> <br /> THE MoNEyY-MakeER (Le Brasseur D?’Affaires). 3y<br /> GeEorGES OHNET. Translated by F. ROTHWELL.<br /> 72x5, 851 pp. Chatto and Windus. 6s.<br /> <br /> <br /> <br /> Ayuwin. By THEODORE WATTS - DUNTON. (The<br /> World’s Classics.) 6 X 4, xv. + 486 pp. Grant<br /> Richards. 1s. n.<br /> <br /> RuLeRs oF Kinas. By GERTRUDE ATHERTON. 7? X 5},<br /> 358 pp. Macmillan. 6s.<br /> <br /> THe AMAZING VERDICT. By MARIE LEIGHTON.<br /> <br /> 73 X 54, 468 pp. Grant Richards. 6s.<br /> <br /> RANDAL OF RANDALHOLME. By AUSTIN CLARE. 7$ X 5,<br /> 341 pp. Chatto and Windus. 6s. 7<br /> <br /> THE ORIGINAL WOMAN. By FRANKFORT MOORE.<br /> 343 pp. Hutchinson. 6s.<br /> <br /> THE FIGHT FOR THE Crown. By W.E. Norris. (Cheap<br /> Edition.) 84 x 53,120 pp. Seeley. 6d.<br /> <br /> “ SrpE SHows.” By HELEN MATHERS. Popular Edition.<br /> 74 X 4%, 245 pp. Simpkin Marshall. 1s.<br /> <br /> Nepo THE NAILER. By 8. BARING-GOULD.<br /> Edition.) 8% X 53,123 pp. Cassell. 6d.<br /> <br /> THE CourT OF SACHARISSA. A Midsummer Idyll. By<br /> HvuGH SHERINGHAM and NEVILL MEAKIN. 7%} X 5,<br /> 314 pp. Heinemann. _ 6s, ’<br /> <br /> By SNARE oF Love. By A. W. MARCHMONT. 7} X 54,<br /> 375 pp. Ward, Lock. 6s.<br /> <br /> Mapr oF Money. By DoroTHEA GERARD. 7} X 54,<br /> <br /> 1= X 6,<br /> <br /> (Cheap<br /> <br /> <br /> <br /> <br /> <br /> 330 pp. Methuen. 6s<br /> ANNA, THE ADVENTURESS. By E. PHILLIPS OPPEN-<br /> HEIM. 7# X 5,320 pp. Ward, Lock. 6s.<br /> <br /> <br /> <br /> A DANGEROUS QU<br /> Long. 68.<br /> <br /> st. By F. E. Youne. 7? x 43, 319 pp.<br /> <br /> THe SANYASI. By F. E. PENNY. 7% X 5, 328 pp.<br /> Chatto and Windus. 6s.<br /> <br /> THe VINEYARD. By JOHN OLIveR HOBBES. 7% X 5,<br /> 376 pp. Unwin. 6s. e :<br /> <br /> URIAH THE HITTITE. By DoLF WYLLARDE. 7% X 4§,<br /> 307 pp. Heinemann. 6s. A<br /> <br /> THe SuccEssor.—By R. Pryce. 735,332 pp. Hutchin-<br /> son. 62.<br /> <br /> Happy THougutTs.—By Sir Francis C. BURNAND.<br /> <br /> 7x 4g, 244 pp. Bradbury, Agnew. 2s. 6d. n.<br /> A DEAD RECKONING.—By JOHN BLOUNDELLE BURTON.<br /> 725, 306 pp. White. 6s,<br /> <br /> <br /> <br /> PAULETTE D’EsterRE. By HAROLD VALLINGS. 7}X5,<br /> 307 pp. J. Long. 6s.<br /> HISTORY,<br /> INDIA IN THE VicTORIAN AGE.—By RomesH Dutt,<br /> <br /> C.1.E., Lecturer on Indian History at University College,<br /> London. 84 x 53.628 pp. Kegan Paul. 10s. 6d.<br /> <br /> A Hisrory oF SourH Arrica. From the First Settle-<br /> ment by the Dutch, 1652, to the Year 1903. By H. A.<br /> BRYDEN. 8 X 5,363 pp. Sands. 6s.<br /> <br /> <br /> 200<br /> <br /> By ELIZABETH<br /> <br /> SocIAL LIFE UNDER THE STUARTS.<br /> Grant Richards.<br /> <br /> GopFREY. 93 x 53, xxiii. + 273 pp.<br /> 12s. 6d. n.<br /> LITERARY.<br /> THE DANTE SOCIETY LECTURES.<br /> Austin, H. J. CHAYTOR, and Others.<br /> The Athenzeum Press. 2s. 6d.<br /> <br /> Vol. I. By ALFRED<br /> 64 X 44, 241 pp.<br /> <br /> MUSIC,<br /> <br /> To MeEmoriIzE Music, with<br /> By C. Frep Kenyon.<br /> <br /> Numerous Musical<br /> <br /> How<br /> 7% X 54, 56 pp.<br /> <br /> Examples.<br /> Reeves. 1s. :<br /> OLIVET TO CALVARY CHURCH CANTATA for Lent. By<br /> <br /> J. H. Maunder. Novello. Ils, 6d.<br /> <br /> PAMPHLETS.<br /> <br /> THE FOUNDATIONS OF A NATIONAL DRAMA — A<br /> Lecture delivered by HENRY ARTHUR JONES at the<br /> Royal Institution, Albemarle Street, W., on Friday<br /> evening, March 18, 1904. Chiswick Press,<br /> <br /> POETRY,<br /> Porms.—By ST. JOHN Lucas. 73X5},127 pp.<br /> <br /> be. n.<br /> POLITICAL.<br /> <br /> THE New Far East. By A. Diosy,<br /> 83 X 53, xviii. + 368 pp. Cassell. 38. 6d.<br /> [ With brief new preface. |<br /> <br /> REPRINTS.<br /> <br /> THE HAMPSTEAD SHAKESPEARE. With THE LIFE OF<br /> SHAKESPEARE, by S. LEE. Four Vols. 7} x 54, 544+<br /> 6444 666+xxvi.+495 pp. Finch. 21s. and 27s, n.<br /> <br /> SPORT.<br /> <br /> GREAT GOLFERS.—Their Methods at a Glance.<br /> BELDAM. 9 X 6, xxiv.+480 pp. 12s. 6d. n.<br /> FISHING HoLipAys.—By STEPHEN GWYNN.<br /> <br /> 299 pp. Macmillan. 7s. 6d.<br /> <br /> Constable<br /> <br /> 4th Edition.<br /> <br /> By G. W.<br /> <br /> 84x54,<br /> <br /> TRAVEL<br /> THE BALKANS FROM WITHIN.—By R. Wyon, 9 x 53<br /> 475 pp. Finch. 15s. n.<br /> <br /> 2<br /> <br /> LITERARY, DRAMATIC, AND MUSICAL<br /> NOTES.<br /> <br /> ————+_.<br /> <br /> 7. Autobiography of Mr. Herbert Spencer<br /> has been published in 2 Vols. demy octavo,<br /> <br /> with his Portrait and other illustrations, at<br /> the price of 28s. net.<br /> Mr. Spencer himself, in the Preface, states as<br /> follows :—<br /> <br /> “Tt has seemed to me that a natural history of myself<br /> would be a useful accompaniment to the books which it has<br /> been the chief occupation of my life to write.<br /> <br /> In the following chapters I have attempted to give such<br /> a Natural History. That I have fully succeeded is not to<br /> be supposed, but perhaps I have succeeded partially. At<br /> any rate, one significant truth is made clear—that in the<br /> genesis of a system of thought the emotional nature is a<br /> ree factor, perhaps as large a factor as the intellectual<br /> nature.”<br /> <br /> THE AUTHOR.<br /> <br /> An American friend of Mr. Herbert Spencer, who<br /> has read the book, says :-—<br /> <br /> “Tt is as broad and many-sided as human experience,<br /> and the marvel and charm of it is its simple, straight-<br /> forward, and obvious truthfulness. It seems to me to<br /> exceed any of his former works in interest and practical<br /> value, and I have been a constant reader of his writings<br /> from their first publication in this country. Mr. Spencer’s<br /> supreme loyalty to truth and his native frankness have made<br /> his account of his life very open and unreserved.<br /> <br /> The report which was circulated in the St. James’<br /> Gazette that Dr. Richard Garnett had written a<br /> play with Shakespeare as the leading character for<br /> production at a West End house is incorrect. We<br /> have Dr. Garnett’s authority for stating that he has<br /> written a play, which will shortly be published,<br /> founded on an incident in the life of Shakespeare,<br /> but it was written without any view to the stage,<br /> and the possibility of its performance has not yet<br /> been considered.<br /> <br /> Mr. Richard Pryce’s new book, “ The Successor,”<br /> has just been issued by Messrs. Hutchinson. If<br /> the subject—-an unspoken understanding between<br /> a husband and wife—is a little risky, the papers<br /> appear to acquit the author of any offence in the<br /> treatment.<br /> <br /> The exhaustive “Guide for Authors, Editors,<br /> Correctors of the Press, Compositors, and Typists,”<br /> on which Mr. F. Howard Collins has been working<br /> continuously for moresthan two years, and in which<br /> Mr. Herbert Spencer took a practical interest until<br /> prevented by ill-health, is now completely in type,<br /> and the revision well in hand. Among those who<br /> have read all the proofs may be mentioned Prof.<br /> Skeat, Mr. Henry Bradley (of the Oxford English<br /> Dictionary), Mr. Theo. L. De Vinne, of New York,<br /> the Oxford and Cambridge University Presses,<br /> some of the largest firms of English and Scotch<br /> Printers, and many members of the London<br /> Association of Correctors of the Press.<br /> <br /> Miss Constance Hill’s book “Juniper Hall,”<br /> with illustrations by Ellen G. Hill, has been<br /> published by Mr. John Lane at the price of<br /> £11s.net. It is a pleasant account, with some<br /> hitherto unpublished particulars, of certain French<br /> refugees, who lived for a time at Juniper Hall near<br /> Mickleham in Surrey, and it contains, incidentally,<br /> the story of the courtship and marriage of Fanny<br /> Burney, afterwards Madame D’Arblay.<br /> <br /> One of the expensive books of the season will be<br /> the forthcoming “Master of Game,” the oldest<br /> English hunting book, which singularly enough has<br /> hitherto remained unpublished. A modern text as<br /> well as the old one will be given. It is illustrated<br /> with 52 plates. President Roosevelt has written<br /> the Foreword for the American edition, but it<br /> will also be given in the English edition. His<br /> Majesty the King as well as the Prince of Wales<br /> <br /> <br /> <br /> <br /> <br /> <br /> have become subscribers. Ballantyne, Hanson &amp;<br /> Co. are publishing it for the editors, Mr. and Mrs.<br /> Baillie-Grohman. Ordinary copies £5, edition de<br /> luxe £30, of the latter only two remain unsubscribed.<br /> It will be out this month. -<br /> <br /> We are pleased to see that The Country Life<br /> Library of Sport, under the editorship of Mr.<br /> Horace G. Hutchinson, is slowly increasing.<br /> The books are demi-octavo, illustrated, bound in<br /> cloth, at the price of 12s. 6d. a copy. Cricket<br /> and Shooting have already been issued, and<br /> Fishing is about to appear. Mr. Hutchinson’s<br /> name is a sufficient guarantee for the accuracy of<br /> the works.<br /> <br /> The next volume in the Woburn Library pub-<br /> lished by Messrs. Hutchinson and Co. will be<br /> Mr. F. G. Aflalo’s work on “ British Salt Water<br /> Fishing.” This book, like all its predecessors in<br /> the series, will be iilustrated with coloured plates.<br /> Mr. Aflalo, as the former editor of “ The Encyclo-<br /> peedia of Sport,” is well known as a great authority<br /> on all fishing, but especially on sea fishing.<br /> <br /> Theatrical papers, like Ze Fra, have welcomed<br /> Mrs. Alec. T&#039;weedie’s last volume, “ Behind the<br /> Footlights.” Messrs. Hutchinson are the publishers.<br /> The price is 18s. net. In Sicily, Mrs. Alec. Tweedie<br /> has found much material for a new volume, which<br /> she hopes to have ready for autumn publication.<br /> <br /> Edith C. Kenyon’s new serial, “ Rex Harley’s<br /> Stratagem,” will commence shortly in the columns<br /> of Woman’s Life. Her serial, “Two Girls in a<br /> Siege” is nearing its conclusion in Our Own Gazette.<br /> “Little Robin Grey,” by the same writer, is in the<br /> press, and “A Girl ina Thousand” by her will<br /> also be published in the autumn.<br /> <br /> Mr. James Blyth, the author of “ Juicy J oe,” has<br /> written a new novel, “Celibate Sarah.” Like its<br /> author’s first book, it treats of life in the marsh-<br /> lands and the question of the regeneration of the<br /> marsh people. Mr. Grant Richards published the<br /> book on April 20th.<br /> <br /> “ Oddities, Others and I,” is the title of a new<br /> book which Miss Henrietta Corkran has published<br /> through Messrs. Hutchinson &amp; Co. The price is<br /> 16s. net. It is, as the title suggests, a revelation<br /> of the author herself, and her impressions of the<br /> people she has met.<br /> <br /> The same firm has also published Mr. Frankfort<br /> Moore’s new novel entitled ‘‘ The Original Woman.”<br /> It is a story of modern life with the element of<br /> witchcraft interwoven. He treats the ancient cult<br /> from the standpoint of the modern man of science.<br /> “ The White Causeway ” is the title of another work<br /> by Mr. Moore, the opening chapters of which will<br /> appear in the May number of 7&#039;he Lady&#039;s Realm.<br /> <br /> ‘A second edition of Mr. W. H. Wilkins’ book,<br /> “A Queen of Tears,” has been issued by Messrs.<br /> Longmans and Co. at the price of 36s.<br /> <br /> THE AUTHOR.<br /> <br /> 201<br /> <br /> Messrs. Longmans also announce the publication<br /> of a new romance entitled “‘Lychgate Hall,” by<br /> M. E. Francis (Mrs. Francis Blundell) at the price<br /> of 6s.<br /> <br /> “Qld Hendrik’s Tales,” by Capt. Arthur 0.<br /> Vaughan, is a collection of animal stories gathered<br /> by the author from the Hottentots during the<br /> recent Boer War. Messrs. Longmans and Co. are<br /> the publishers.<br /> <br /> A new novel, by the author who writes under the<br /> pseudonym of “ Airam,” entitled “ Rudderless<br /> Ships,” will be published shortly by Mr. Henry<br /> Drane, at the price of 6s. It is a novel with a<br /> purpose—its purpose being to endeavour to prevent<br /> the increase of insanity by deterring children whose<br /> parents have any taint of insanity from marrying.<br /> The author has for many years had much to do with<br /> the treatment of mental disorders, and has felt the<br /> necessity for some steps to be taken to prevent<br /> their increase.<br /> <br /> The Gentleman’s Magazine for April contains a<br /> Russian story, in four chapters—* A Painter of<br /> Shrines ”—by Robert Bowman.<br /> <br /> «The Padre,” by Rose Harrison (author of<br /> “Esther Alington’’) is a story which depicts the<br /> stress, storm, and triumph of human experience in<br /> a world of temptation.<br /> <br /> Mr. Grant Richards has published a new sensa-<br /> tional story by Marie Connor Leighton, entitled<br /> “The Amazing Verdict.”<br /> <br /> Mr. T. Werner Laurie, for many years manager<br /> to Mr. Fisher Unwin, will shortly commence<br /> publishing on his own account. His address till<br /> June 30th, is 11, Paternoster Buildings, H.C.<br /> <br /> Messrs. Smith, Elder &amp; Co. have published a<br /> novel by his honour Judge Parry, entitled<br /> “ England’s Elizabeth.”<br /> <br /> Mr. Brimley Johnson has just published a new<br /> shilling edition (5th imprint) of “A Maid of the<br /> Manse,” by Mrs. E. Rentoul Esler. The book<br /> is excellently produced, in a tasteful paper<br /> cover. The new edition has a preface by the<br /> author.<br /> <br /> “The Shrine in the Garden.””—As applications<br /> are being made for this work, the Orient Press<br /> finds it necessary to state that its publication is<br /> unavoidably delayed. The book in question, which<br /> is a portion of the diary of a person recently<br /> deceased, is being kept back pending a legal<br /> decision in regard to certain matters with which it<br /> deals.<br /> <br /> Professor Lewis Campbell has edited a selection<br /> from the Poems of Thomas Campbell for inclusion<br /> in Messrs. Macmillan &amp; Co.’s Golden Treasury Series.<br /> The poems are specially arranged for this issue,<br /> and a biographical and critical introduction is<br /> contributed by the editor.<br /> <br /> Mr. R. Mounteney Jephson, who has just<br /> <br /> <br /> 202<br /> <br /> returned from the South of France, has been<br /> astonished to find his death reported in the Daily<br /> Chronicle.<br /> <br /> The paragraph referring to the republication in<br /> cheaper form of Mr. Jephson’s excellent story,<br /> “Tom Bulkeley,” stated that the Author died as<br /> recently as 1885, and that he had written eight or<br /> nine military and sporting novels. Mr. Jephson,<br /> we are glad to say, has returned from his stay<br /> abroad in the best of health, and is about to<br /> publish a new novel entitled “Froth.” The<br /> publisher is Mr. G. A. Morton, Edinburgh.<br /> The book is in two parts and written with a light<br /> <br /> en.<br /> = ?Op o’ my Thumb,” the one act play by<br /> Messrs. Frederick Fenn and Richard Pryce which<br /> was produced last month by the Stage Society has<br /> been bought by Mr. Frank Curzon for Miss Hilda<br /> Trevelyan, who made so great a success in the<br /> title-role.<br /> <br /> “Saturday to Monday,” by the same authors,<br /> was produced by Mr. George Alexander at the<br /> St. James’s Theatre, on April 14th.<br /> <br /> Mr. R. C. Carton’s new comedy, ‘The Rich<br /> Mrs. Repton,” was produced at The Duke of<br /> York’s Theatre, on Wednesday, April 20th. Miss<br /> Compton took the leading part.<br /> <br /> eg ae ge<br /> <br /> PARIS NOTES.<br /> <br /> —-—o— 1 —_<br /> <br /> HE French Academy has awarded the Gobert<br /> Prize of 10,000 francs to the Marquis Pierre<br /> de Ségur for his work entitled “ Le maréchal<br /> <br /> de Luxembourg.” The second prize of 1,000 francs<br /> is awarded to M. Thouvenel for his works, “ Pages<br /> de Phistoire du second Empire ” (1854-1866) and<br /> “Trois années de la question d’Orient” (1856-<br /> 1859).<br /> <br /> The Thiers Prize of 3,000 francs for the encou-<br /> ragement of historical literature and research has<br /> been given to the Abbé Sicard for his book in three<br /> volumes, entitled, “ Ancien Clergé.”’<br /> <br /> _ The Academy of Moral and Political Sciences has<br /> divided the Audiffred Prize between M. Henri<br /> Hauser, for a book on the teaching of Social<br /> Science; M. Piolet on “La France hors de<br /> France” ; M. Vast for his volume on “ PAlgérie<br /> et les colonies francaises,” and to M. Salaun for<br /> his work on ‘1’Indo-Chine.”<br /> <br /> The laureates of the Societé de Géographie are<br /> M. Sven-Hedin, who has been presented with the<br /> gold medal, the Capitaine Lenfant, M.M. Alfred<br /> Lacroix, Paul Pelet, Lieutenant Chédeville, Lieu-<br /> tenant Drot, Lieutenant Nieger, M. Bonnel de<br /> Mézieéres, the Commandant O. Barré.<br /> <br /> THE AUTHOR.<br /> <br /> “Force ennemie,” the novel by M. John-Antoine<br /> Nau, which has won for its author the first prize<br /> awarded by the Académie Goncourt, is a most<br /> remarkable book. It is supposed to be written by<br /> a madman who realises in his lucid moments that<br /> he is living in a private lunatic asylum. He gives<br /> an account of his coversations with his keeper, his<br /> doctor, and various inmates of the asylum. He<br /> analyses his own state of mind, discusses the<br /> various arrangements of the house, criticises the<br /> doctors, and describes in detail many of the inci-<br /> dents that take place. One of the other lunatics<br /> discusses with him their mental state and explains<br /> that the cause of their misfortune is the “ Force<br /> ennemie” within them. This idea haunts Veuly,<br /> and as time goes on he is convinced that it is true,<br /> and that he is “inhabited” by another creature<br /> who obliges him to do and say things entirely con-<br /> trary to his own inclinations. Unlike. Guy de<br /> Maupassant’s ‘‘ Horla,” this unwelcome guest is<br /> no second self, but a visitor from another planet,<br /> who introduces himself to Veuly by the name of<br /> “Kmdéhotn.” He informs his host that he had<br /> been waiting to find a human body to inhabit, and<br /> that he chose Veuly, because from one pole to the<br /> other he could never have found a man s0 easy-<br /> going, so wanting in energy, and altogether so<br /> weak-minded and imbecile. Veuly is not precisely<br /> flattered by this preference, and he is horrified at<br /> the thought that he can never again be alone, that<br /> whether he should wish it or not, from henceforth<br /> he must share every secret thought with this<br /> uncanny visitor. There is much unpleasant reading<br /> in the book, as the “ Force ennemie” induces<br /> Veuly to act entirely against his own judgment, so<br /> that he earns for himself a terrible reputation and<br /> can never succeed in explaining to the doctors that<br /> he is not responsible for his actions when under<br /> the influence of his unpleasant guest. The book<br /> is extremely curious and original, and the unplea-<br /> sant parts are relieved by the amusing conversations<br /> of the keeper. The author, who was comparatively<br /> unknown, has come to the front, thanks to the ©<br /> Goncourt Prize, and his book is now in the seventh<br /> edition. :<br /> <br /> “Le Lac Noir,’ by M. Henri Bordeaux, is an<br /> entirely different book from anything to which this<br /> author has accustomed us. Once again the scene<br /> is laid in Savoy. The story turns on a trial for<br /> murder and the zeal of the lawyers employed in<br /> the case.<br /> <br /> The object of the book appears to be to give a<br /> psychological study of a conscientious lawyer and<br /> magistrate, and also to prove how much super-<br /> stition still exists among the peasant classes of<br /> Savoy. The whole volume is delightfully written,<br /> and the various characters live, but the story itself<br /> is gruesome.<br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> “La Vie Amoureuse de Francois Barbazanges,”<br /> by Marcelle Tinayre, is an exquisite picture of<br /> seventeenth century life in the quaint little town of<br /> Tulle. The authoress of “La Maison du Péché ”<br /> has given us another gem of literary workmanship.<br /> The story opens in 1673 with the birth of Francois.<br /> His father, M. Barbazanges, is devoted to astrology,<br /> and he at once studies the heavens in order to<br /> calculate his son’s horoscope. Francois grows up<br /> an imaginative boy with romantic ideas. Just<br /> as the hero of the “ Maison du Péché ” is steeped<br /> in religious traditions so Frangois is devoted to old-<br /> world romance. He grows up unlike other youths<br /> and is always in search of the ideal Jadye of his<br /> dreams. His various adventures on his way<br /> through life until he meets her take up the<br /> greater part of the volume. His strange meet-<br /> ing with his ideal woman, and his tragic fate are<br /> told in the final chapters. There is no strong plot<br /> to the story, and the charm of the book lies in<br /> the word-painting and the faithful evocation of the<br /> seventeenth century in provincial France.<br /> <br /> “Le Fléau,” by Gustave Guitton, is a book that<br /> might be read with profit in England as well as in<br /> France. It is a story of life in the working class,<br /> and shows the temptation which is placed in the<br /> way of the working-man in manufacturing<br /> districts by the drink shop, which is always so<br /> near to the factory. The author has taken the<br /> trouble to get statistics in proof of what he asserts.<br /> He tells us that in 1830 there were 281,000 public<br /> houses in France, that in 1899 there were 540,000,<br /> and that since that date there are 10,000 more.<br /> <br /> In this novel we follow a workman in his<br /> career and see how almost impossible it is for<br /> him to steer clear of the temptations with which<br /> he is beset. It isa tragic story and most pitiful<br /> as regards the hereditary taint in his children,<br /> When finally he is being tried for manslaughter his<br /> advocate boldly asserts that if his client should be<br /> condemned it would be unjust for the wealthy<br /> members of Parliament who have won _ their<br /> fortunes by his degradation to get off with no<br /> penalty. He declares that “drunkenness is a<br /> State institution, that through it the budget is<br /> ‘supplied with vast sums of money, that it is the<br /> source and foundation of many hundreds of huge<br /> fortunes, and that it is tacitly approved and<br /> encouraged by many members of Parliament, who<br /> are styled ‘ Honorable,’ and who are treated as<br /> honest men.” The book is well worth reading, as<br /> many facts are set forth which are worthy of con-<br /> sideration.<br /> <br /> Several interesting translations have appeared<br /> recently from various languages.<br /> <br /> Among these is “Le Troisitme Sexe,” by<br /> <br /> Ernst von Wolzogen, translated by the Prince B.<br /> Karageorgevitch. The translation is excellent,<br /> <br /> 203<br /> <br /> and the book seems to gain rather than lose by its<br /> conversion into a more concise and elegant<br /> language.<br /> <br /> The “third sex’ is an admirable title, as without<br /> this definition one would be ata loss where to place<br /> the group of “creatures” described by the German<br /> author. Judging by this novel, one would imagine<br /> that just as in the “modern style” craze many of<br /> the German artists exaggerated the new idea until<br /> their designs were mere caricatures, so the “‘ New<br /> Woman” in German dress appears to be a carica-<br /> ture. Looked upon as a third sex she is merely a<br /> curiosity.<br /> <br /> We are introduced in this novel by M. von<br /> Wolzgen to the most extraordinary individuals.<br /> There is a doctoress of medicine and two sisters<br /> who are bankers, a she-lawyer, and then a group of<br /> the kind of men who can admire these specimens of<br /> the “ third sex.” Altogether the persons to whom<br /> one is introduced are not the kind one would care<br /> to know in real life, but meeting them in this way<br /> one is entertained by their conversation, their<br /> theories about life, their philosophy, their egotism,<br /> and, above all, their absurdities. The book is a<br /> clever satire and well worth reading, and, as we<br /> have already said, it is more readable in French<br /> than in the original.<br /> <br /> In the theatrical world the subject of a Theatrical<br /> Trust is once more being agitated. The Société<br /> des Auteurs dramatiques is very firm on this<br /> point, and will not hear of a “Trust” being<br /> formed.<br /> <br /> M. Deval, actor-manager of the Athénée, and<br /> M. Richemond, manager of the Folies Drama-<br /> tiques, have had great success with these two<br /> theatres. M. Roy, a banker, took over the lease<br /> of the Bonffes, and wished to be nominal<br /> manager of this theatre, with Messrs. Deval and<br /> Richemond to run it. The Société des Auteurs<br /> dramatiques objected to this arrangement, and a<br /> lawsuit is now going on between M. Roy and the<br /> Société. More recently M. Alphonse Franck,<br /> manager of the Gymnase, applied to M. Roy,<br /> and there was a plan formed for running this<br /> theatre on new lines.<br /> <br /> Once more the Société des Auteurs dramatiques<br /> has interfered. Another lawsuit is the consequence,<br /> so that M. Roy’s “ Theatre Trust” does not seem<br /> likely to succeed.<br /> <br /> M. Alfred Capus, President of the Committee of<br /> the Société des Auteurs dramatiques, explains<br /> that it would be against the interests of the authors<br /> and artistes to allow several theatres to be in the<br /> hands of one man. “The author’s rights,” he<br /> <br /> says, ‘‘the percentage on every performance exacted<br /> by the Société would be given up, a play would<br /> be bought for a fixed sum varying according to<br /> If the “ Trust” only<br /> <br /> the celebrity of the author.<br /> <br /> <br /> <br /> <br /> 204 THE AUTHOR.<br /> <br /> bought from these authors, what would then<br /> become of the others who are anxious to make a<br /> beginning ?”<br /> <br /> M. Deval and M. Richemond reply to this by<br /> quoting the words of M. Capus, who declares that<br /> “authors need artistic managers to control the<br /> theatres, and not directors of financial companies.”<br /> M. Deval then goes on to say that if authors want<br /> theatres at all for their pieces, they will have to sub-<br /> mit to having their theatres supported by financiers.<br /> As regards the author&#039;s rights, MM. Deval and<br /> Richemond declare that “ they are prepared to pay<br /> the same as the present contract with the Société<br /> exacts, 12 per cent. on the gross receipts and the<br /> 100 frances of billets de faveur for each performance.”<br /> They then go on to answer the other objections<br /> raised by the Société, and they propose that<br /> a clause should be added to the contract, stipu-<br /> lating that every year each theatre should be com-<br /> pelled to put on a piece by an author who either<br /> does not belong to the Société, or who has had no<br /> piece played for five years.<br /> <br /> It is very evident that the idea of this “Trust”<br /> is very tempting to the capitalists, but the Sociéte<br /> des Auteurs dramatiques holds the reins in France,<br /> and it does not consider that authors would gain<br /> much by following the example of Americans with<br /> regard to Theatre Trusts. It might be good for<br /> the few, but not for the majority, and as M. Capus<br /> is one of the most successful of French authors,<br /> one cannot help admiring the way in which he is<br /> fighting for his confreres.<br /> <br /> The great theatrical event is of course the new<br /> play at the Sarah Bernhardt Theatre. “ Varennes ”<br /> is a piece in six tableaux by MM. Lavedan and G.<br /> Lendtre. It is most admirably staged, and as<br /> regards the historical details it is well known that<br /> M. Lendtre is one of the greatest living authorities<br /> on this period. M. Sardou frequently consults him<br /> on any doubtful points of history, so that with<br /> M. Lendtre’s knowledge of the subject and M.<br /> Lavedan’s brilliant dialogue, the success of the<br /> literary side of the play was assured. Everyone<br /> was curious to see Madame Bernhardt in the réle<br /> of Marie Antoinette. She is admirable in her<br /> part, so admirable in fact that the great regret of<br /> everyone is that her réle is not enough. In the<br /> scenes where she does not appear there is a general<br /> feeling of disappointment—the other artistes are<br /> excellent, M. Magnier as Fersen, Mme. Dufréne as<br /> Mme. de Rochereux, M. Guy most amusing in his<br /> part; but the whole company cannot make up for<br /> the absence of Madame Sarah Bernhardt, and the<br /> spectators were inclined to blame the authors for<br /> causing them this disappointment.<br /> <br /> As regards the other theatres, “Le Retour de<br /> Jérusalem ” is certainly the greatest success of the<br /> season. At the Vaudeville “1’Esbroutfe” is still<br /> <br /> running, and at Antoine’s “ Oiseaux de Passage,”<br /> At the Gaité “a Montansier,” and at the Ambignu<br /> M. Pierre Decourcelle’s piece “ La Baillonnée ” ig<br /> a great success. At the Athenée, with the “ Prince<br /> Consort,” there is always a full house, and at the<br /> ThéAtre Victor Hugo M. Bour has put on “ Don<br /> Quichotte.”<br /> Atys HALLarp.<br /> <br /> a<br /> <br /> SPANISH NOTES.<br /> <br /> —-~&gt;+—_<br /> <br /> i<br /> T is difficult for English people to realise the<br /> important part played by the imagination<br /> in Spain. “&#039;<br /> <br /> The King has lately issued a Royal Decree with<br /> respect to the celebration of the tri-centenary of<br /> the publication of “ Don Quixote” in May, 1905,<br /> which shows the place taken by that book in the<br /> hearts of the Spaniards. For this Royal Decree<br /> commands that a Committee be formed of the<br /> President of the Congress, the Ministers of State,<br /> War, Navy, and Public Instruction ; representatives<br /> of the Royal Academy of Fine Arts of San Fernando ;<br /> the Society of Authors and Artists; and the<br /> Scientific, Literary, and Artistic Atheneum of<br /> Madrid, with the Director of the National Library,<br /> etc., etc., to consider the best modes of doing honour<br /> to the great work of Cervantes in their different<br /> departments.<br /> <br /> “After the present Prime Minister questioned<br /> the right of a newspaper editor, who is a deputy,<br /> to publish the uncalled-for attacks consequent on<br /> his appointment of Sefior Nozaleda as Archbishop<br /> of Valencia, several telegrams purporting to come<br /> from the land of Shades were read aloud at the<br /> Press Banquet to give voice to the spirit of censure<br /> against Senor Maura ; and the other day one of<br /> the leading newspapers published a long discourse<br /> supposed to have been sent by Sagasta from the<br /> other world. ‘The Republicans who recently strove<br /> to start disloyal discourses in the public streets<br /> were quickly silenced, ana the speeches of such<br /> dissentients in the Congress as Canalejas, Moret,.<br /> Villaverde, etc., are more easily controverted than<br /> an attack from such an unassailable source as that<br /> of the deceased Prime Minister.&quot; Sagasta is sup-<br /> posed to mock at Seftor Maura’s ideal of making<br /> the Congress “the point of contact between the<br /> Crown and the country,” which he is hoping to:<br /> accomplish by the reform in the Parliamentary<br /> Elections whereby the deputies would be voted<br /> for at the public polls instead of being appointed<br /> by the ministers, which has been the custom since<br /> 1812. ‘This idea was first propounded in Colonel<br /> Figuerola Ferretti’s loyal Petition to his beloved.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> cd<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> sovereign on 3rd November, 1902.* Had Sagasta<br /> allowed the Petition to reach King Alfonzo, who<br /> is always anxious for the welfare of his country, the<br /> successive governments of Silvela and Villaverde<br /> would probably not have been so quickly over-<br /> thrown and the present one in such danger now,<br /> for it was respectfully suggested that a Provisional<br /> government composed of sections of each party<br /> with a Royal decree sanctioning the elections at<br /> the polls for a new government, would secure the<br /> adhesion to the Monarchists of those who waver to<br /> Republicanism from their despair of seeing this<br /> reform. Many members of a well-known London<br /> Club addressed Colonel Figuerola Ferretti a letter<br /> appreciative of a patriotism sincere enough to<br /> seek the consolidation of the monarchy even at<br /> a sacrifice, presumably only temporary, of his own<br /> position at Court. His “ Cantos de Espana”<br /> (giving the history of the Regency) breathe<br /> devotion to the King and Queen and present an<br /> interesting lyrical picture.<br /> <br /> Speaking of literature reminds me that Galdos, the<br /> great novelist and dramatist, has just produceda new<br /> drama in Madrid called “ El abuelo ” (the Grand-<br /> father) which is shortly to be performed in German<br /> in Berlin, Frankfort, Munich, and Vienna. Senor<br /> Linares Rivas-Astray (son of the government<br /> minister) has just given to the stage a striking<br /> picture of “high life” in Madrid, in a play called<br /> “ Aire de Fuera,” in which the well-known actress<br /> Sefiora Guerrero, wife of Senor Diaz de Mendoza,<br /> a grandee of Spain, takes the first part. Women<br /> also begin to rank as dramatists in Spain, for<br /> Senora Emilia Pardo Bazan’s piece at the theatre<br /> of the Princesa called ‘lia Suerte”? (Fate) was the<br /> one chosen for the Benefit of Maria Tubau.<br /> <br /> “Ta Catedral,” the last work of Blasco Ibanez,<br /> has now also excited great attention in Madrid, but<br /> the author’s Republican views detract from the<br /> interest of the féte given in his honour. The<br /> Spanish capital is looking forward with great<br /> enthusiasm to greeting the wife of Maurice<br /> Maeterlinck this month, for under her well-known<br /> name of Georgette Leblanc she is to play in her<br /> husband’s celebrated play of “ La Joyzelle” at one<br /> of the leading theatres.<br /> <br /> Music also claims much attention in Madrid<br /> just now. The daughter of the well-known pro-<br /> fessor Sefior Benaiges has shown great talent in<br /> her recent pianoforte recital, and Sauer’s concert<br /> was a great success, under the patronage of the<br /> Royal family.<br /> <br /> His Majesty King Alfonso has testified his<br /> appreciation of practical literary work in pre-<br /> senting Don Ezequiel Solana with the prize as the<br /> <br /> Oe<br /> <br /> * The Paris New York Herald of November 12th, 1902,<br /> applauded this movement.<br /> <br /> THE AUTHOR. 205<br /> <br /> first teacher in Madrid; for this energetic director<br /> of a boys’ school has just published as the outcome<br /> of his two years’ travel and study, “A Manual of<br /> the Schools of Europe,” and two other Spanish<br /> books entitled respectively, “ Primary Education<br /> in Italy” (“ La Enseianza primaria en Italia”),<br /> and “Practical Guide to Manual Educative Work”<br /> (“Guia practica del trabajo manual educativo ”).<br /> The King’s trips into the provinces tend greatly<br /> to add to his popularity in the country, for not<br /> only was his important rencontre with the<br /> Emperor of Germany at Vigo preceded by most<br /> successful visits to Segovia and Toledo, but his<br /> time in Barcelona bids fair to dispel the shadow of<br /> separatism.<br /> <br /> The literary taste of Sefior Silvela (the late<br /> Prime Minister) is evidenced by the active part he<br /> took in the weekly conferences held at the charm-<br /> ing theatre of San Luis. On the one day he held<br /> forth on the life and character of Maria de Agreda,<br /> the potent counsellor of Philip IV., and on another<br /> his lecture on Beatrice Galindo, the governess and<br /> companion of Isabel I. of Spain, shows that he<br /> appreciates the power exercised in the past by the<br /> fair sex in his country.<br /> <br /> The Infanta Dona Maria de la Paz, sister of the<br /> late King Alfonso XII. and wife of Prince Louis<br /> Ferdinand of Bavaria, of world-wide reputation<br /> in the science of surgery, has recently published a<br /> charming little book called ‘* Mi Peregrinacion a<br /> Roma,” which gives a most interesting account of<br /> her visit to the “ Eternal City.” The wondrous<br /> churches and picture galleries are described in the<br /> poetic spirit characteristic of the Princess. Her<br /> emotion at the benediction of her children by the<br /> late Pope shows the fervour of her religious senti-<br /> ment, and her pleasure at again meeting Cardinal<br /> Rampolla, known to her in her youth as the Pope’s<br /> Nuncio in Madrid, and her enthusiasm at the sight<br /> of the Spanish pilgrims at St. Peter’s testify to her<br /> abiding love of her own country. The secretary<br /> of the royal authoress tells me that the book has<br /> just been translated into English by Frau Johanna<br /> Szeliuska.<br /> <br /> Echegaray’s new play “ La Desequilibriada”’ has<br /> excited great interest in Spain. The heroine, as<br /> the title shows, is an unbalanced character—<br /> unbalanced in her love which she sets against her<br /> admirer’s sense of honour in a matter of business ;<br /> so unbalanced in her hatred of her husband when<br /> she found that his subterfuge had won her as his<br /> wife, that she compassed his death ; and finally so<br /> unbalanced in her sense of maternal duty that she<br /> abandons her child for ever, leaving him in the<br /> care of her lover, from whom her remorse also<br /> separates her.<br /> <br /> Senor A. Palacio Valdés, well known in England<br /> by his novels, “ Froth,” “The Grandee,” and “The<br /> <br /> <br /> 206<br /> <br /> Fourth Estate,” has added to his reputation by his<br /> last work, entitled “ La Aldea Perdida” (the Lost<br /> Hamlet). The sweet harmonious joys of a Spanish<br /> village, described from the experiences of the<br /> author’s own boyhood form a truly pastoral poem,<br /> but the romantic becomes tragic when the un-<br /> bridled passions of the new-comers who work the<br /> mines, cause the death of two of the four chief<br /> characters.<br /> <br /> When mentioning Galdos’s new play of “ El<br /> Abuelo,” which has created such a furore in<br /> Madrid by its masterly presentation of the force<br /> of the human passions and the superhuman power<br /> of gratitude, I should have added that the great<br /> novelist and dramatist has himself elicited that<br /> virtue by the generous way he has just devoted the<br /> <br /> rofits of his Benefit to the Chipiona Sanatorium<br /> for Sick Children.<br /> <br /> When Senor Picon, the well-known author of<br /> “Bl Enemigo” (the Enemy), declined the other<br /> day the invitation of the President of the Congress<br /> to make a speech, the newspaper called Hspana<br /> said the writer evidently wished to show that deeds<br /> are of more value than words, and in this Sefior<br /> Galdos has excelled.<br /> <br /> Percy Horspur.<br /> <br /> ———_————— 2 —__—_<br /> <br /> LEGAL NOTES.<br /> <br /> +4<br /> <br /> The Attempt to Maintain Net Prices in the State of<br /> New York.<br /> <br /> N important case for authors and publishers<br /> who place books upon the market within<br /> the state of New York has recently been<br /> <br /> decided by the New York Court of Appeals. It is<br /> one also which, owing to the principles involved, is<br /> of interest to those who do not publish books<br /> within the jurisdiction of the Court in question.<br /> <br /> The appellants sought to establish the legality<br /> under Chapter 690, laws 1899, New York, of a<br /> combination of publishers and book agents to keep<br /> up net prices, by refusing all dealings with retail<br /> booksellers who sold books published at a net price<br /> below that price, or who had any connection, either<br /> proved or suspected, with any such underselling.<br /> The combination had been declared unlawful in<br /> the court below and the Court of Appeal upheld<br /> this ruling by a majority of five judges to two.<br /> <br /> The act in question was passed :<br /> <br /> “To prevent monopolies in articles or commodities of<br /> <br /> common use and tojprohibit restraints of trade and<br /> commerce... .”<br /> <br /> And it provides that—<br /> <br /> “ Every contract agreement, arrangement or combination,<br /> whereby a monopoly in the manufacture production or sale<br /> in this state of any article or commodity of common use 1s<br /> <br /> THE AUTHOR.<br /> <br /> or may be created, established or maintained, or whereby<br /> competition in this state in the supply or price of any such<br /> article or commodity is or may be restrained or prevented,<br /> or whereby for the purpose of creating, establishing or<br /> maintaining a monopoly within this state of the manufac-<br /> ture, production or sale of any such article or commodity,<br /> the free pursuit in this state of any lawful business, trade<br /> or occupation is or may be restricted or prevented, is<br /> hereby declared to be against public policy, illegal and<br /> void.”’<br /> <br /> Those alleged to have offended against this law<br /> were the American Publishers’ Association and<br /> others connected with the publishing business,<br /> representing about 90 per cent. of the book trade,<br /> and the complainants were R. H. Macy &amp; Co., a<br /> firm conducting a “department store” in New<br /> York, in which they do a very large business and<br /> own a book department of considerable size.<br /> Messrs. Macy &amp; Co.’s complaint alleged—<br /> <br /> “That during the year 1900 a number of prominent<br /> publishers, including defendants hereinbefore described as<br /> publishers for the purpose of securing to themselves an<br /> unreasonable and extortionate profit and at the same time<br /> with intent to prevent competition in the sale of books and<br /> for the purpose of establishing and maintaining the prices<br /> of all books published by them, or any of them, and all<br /> books dealt in by them, or any of them, and preventing com-<br /> petition in the sale thereof, unlawfully, illegally and con-<br /> trary to the public policy and the statutes of the state of<br /> New York . .. combined and associated themselves<br /> together ’’ etc.<br /> <br /> The methods used were further described thus :<br /> <br /> “ That as a part of said unlawful scheme and combination<br /> the members of said association agreed that such net copy-<br /> righted books, axd all other books, whether copyrighted or<br /> not, or whether published by them or not, should be sold<br /> by them to those booksellers only who would maintain the<br /> retail net price of such net copyrighted books for one year,<br /> and to those booksellers and jobbers only who would<br /> furthermore sell books [the word “ copyrighted ’’ is omitted<br /> at this point] at wholesale to no one known to them to cut<br /> or sell at a lower figure than such net retail price, or whose<br /> name would be given to them by the association as one who<br /> cut such prices.”’<br /> <br /> In explaining and commenting upon the arrange-<br /> ment thus described Chief Justice Parker made the<br /> following observations :<br /> <br /> “It will be seen that while the leading object of this<br /> portion of the agreement apparently is to maintain the<br /> retail net price of copyrighted books, it operates in fact so<br /> as to prevent the sale of books to dealers who sell books of<br /> any kind to one who retails copyrighted books at less than<br /> the net retail price.<br /> <br /> “ And the agreement further provides that evidence shall<br /> not be required by the bookseller or jobber in order to<br /> restrain him from selling to one who has been blacklisted,<br /> but that all that shall be required to govern his action, and<br /> to prevent him from selling to such a person, shall be that<br /> the name has been given to him by the association as one<br /> who cuts such net prices. It has been admitted, and must<br /> be, that the agreement may be so worked out as to deprive<br /> a dealer from selling any books whatever, thus breaking up<br /> his business.’’<br /> <br /> The actual carrying out of the agreement thus<br /> entered into was also referred to, and after<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ®<br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> reviewing its terms and the facts, which were not<br /> disputed, the learned chief justice held it to be an<br /> undertaking to interfere with the free pursuit of a<br /> lawful business in which any member of the com-<br /> munity was free to engage. He accordingly, with<br /> the assent of the judges who concurred with him,<br /> dismissed the appeal.<br /> <br /> In delivering a dissenting judgment of some<br /> <br /> length, Judge Gray pointed out that the agree-<br /> ment of the appellants only endeavoured to govern<br /> the sale of copyright books to be sold at net price,<br /> and not that of others.<br /> <br /> “The contract,’? he observed, ‘ did not extend to the<br /> copyrighted books other than by way of penalty, as the<br /> refusal to deal in them might be incidental to the refusal<br /> to deal with booksellers who would not co-operate in an<br /> agreement to maintain the net retail price of a copy-<br /> righted book. It is not unlawful for a person to refuse to<br /> deal with others as his judgment or fancy may impel him.<br /> His business is his own, and the only limitation upon his<br /> pursuit of it is that he shall not interfere with the legal<br /> rights of others. It seems to me that what he may law-<br /> fully do himself he may unite with others in doing, if of<br /> some common advantage.”<br /> <br /> The other dissentient judge, Judge Bartlett,<br /> followed the same line of argument; he asserted<br /> the right of the individual to trade with whom he<br /> pleased, and maintained that more than one might<br /> combine to do what one might do alone, adding<br /> that<br /> <br /> “The refusal to maintain trade relations with a given<br /> individual is an inherent right which every person in<br /> business may exercise for reasons which he deems<br /> sufficient, or for no reason whatever.”<br /> <br /> Judge Bartlett also made some pregnant obser-<br /> vations on the cutting of prices by big traders to<br /> the injury of small ones and of the trade generally,<br /> characterising the procedure adopted as one of the<br /> saddest phases of modern business life.<br /> <br /> “Tt is a well-known fact,’’ he said, “that the great<br /> department stores of the country have encroached upon<br /> many lines of trade entirely distinct from the main and<br /> legitimate business in which they are engaged. As an<br /> illustration, a dry goods establishment, engaged in selling<br /> a vast number of articles legitimately related to its busi-<br /> ness, concludes, in order to promote its principal trade, to<br /> offer for sale books, furniture, druggists’ sundries and<br /> numerous other articles that need not be mentioned, at cut<br /> prices, representing only the cost of production, and often-<br /> times far below it. The inevitable effect of this policy is<br /> to draw a large number of people to these establishments,<br /> and in the final result the dealer makes good his losses in<br /> the outside trade by the prices he obtains in his legitimate<br /> business.<br /> <br /> It may be fairly assumed that the general business is<br /> conducted at a profit.<br /> <br /> The result is a large number of the retail dealers in the<br /> various kinds of articles thus undersold are driven out of<br /> business, many of them at a time of life when they are<br /> unable to reinstate themselves in some other calling.<br /> <br /> It also results in great damage to manufacturers, pro-<br /> ducers, and wholesale dealers in loss of customers, who have<br /> been driven into insolvency.”<br /> <br /> 207<br /> <br /> To this he added that no doubt the proprietors<br /> of department stores had a right to sell as cheaply<br /> as they pleased, or, indeed, to give away their<br /> goods to their customers, but that equally manu-<br /> facturers, producers, and wholesale dealers had a<br /> right to protect themselves by dealing or not<br /> dealing as they pleased, such a right being inci-<br /> dental to the right to exist and to act in self<br /> defence.<br /> <br /> With regard to this case it may be observed that<br /> the wording of the New York law as quoted appears<br /> to justify the finding of the New York Court of<br /> Appeals, although the principles laid down by<br /> the dissenting judges will commend themselves to<br /> many as being based upon justice and sound sense.<br /> In England, combinations alleged to be in restraint<br /> of trade have, from time to time, occupied the<br /> attention of the Courts. These have usually had todo<br /> with the relations between masters and workmen,<br /> and it was in a case of this kind (Allen . Flood, 1898,<br /> A.C. 1) that the law upon the subject was recently<br /> reviewed at great length. It seems impossible from<br /> the judgments in that case to conclude that a com-<br /> bination among publishers such as that which has<br /> been held illegal under the New York law could be<br /> successfully attacked by a bookseller under the<br /> Common Law of England. The opportunity, how-<br /> ever, is not likely to arise. The difficulty of com-<br /> bining and of organising the numerous units which<br /> make up the publishing trade in Great Britain and<br /> Ireland so as to drive out of the book trade all<br /> retailers suspected of disregarding net prices would<br /> be too great. In the State of New York it was<br /> possible to obtain the co-operation of 0 per cent.<br /> of the publishing houses, all unanimous in support-<br /> ing a policy of net prices. Similar efforts have<br /> been made in England, but not upon so compre-<br /> hensive a scale, and without such unanimity and<br /> without the power to crush or to injure seriously<br /> the trade of the recalcitrant bookseller, the action<br /> of only a limited number of publishers, even though<br /> they acted in unison, could hardly be open to the<br /> suggestion of illegality, or even of moral turpitude.<br /> There are two ways, moreover, in which an arrange-<br /> ment for the restraint of trade may be looked at.<br /> The agreement entered into may be void as between<br /> the parties to it, so that they cannot legally enforce<br /> it against one another, without being illegal so as<br /> to lay it open to attack from without. This, how-<br /> ever, may be described as a matter of legal detail.<br /> Attempts to bind down the retail dealer to a<br /> minimum price, below which he may not sell<br /> whether at a profit to himself or not, are not, of<br /> course, confined to the book trade. In any trade, how-<br /> ever, in England in which a large number of manu-<br /> facturers, both great and small, are engaged, it has<br /> been found difficult as a rule to secure the necessary<br /> unanimity and organisation. In the bicycle trade,<br /> <br /> <br /> 208<br /> <br /> to quote a recent example, great efforts were at one<br /> time made to keep up prices, and retailers who did<br /> a large cash business in machines and in their<br /> accessories were ‘‘ boycotted’ or an endeavour was<br /> made to “ boycott” them by manufacturers, whose<br /> small customers naturally protested that they could<br /> not compete with the prices of their stronger rivals.<br /> Of the precise position of the matter at the present<br /> day I am not aware, but a considerable cheapening<br /> of everything has taken place, and I think I am<br /> right in saying that the artificial keeping up of<br /> prices by combination among manufacturers and<br /> wholesale distributors has been found impracticable.<br /> As to the conditions under which it is possible in<br /> the book trade, the Macy case in New York isa<br /> good example. :<br /> <br /> Only the questions of legality, and of the<br /> possibility of combination have been discussed in<br /> this article. The desirability of maintaining net<br /> prices, and of keeping up the price of books<br /> generally has not been gone into. It involves the<br /> consideration of whether such a policy would keep<br /> in the trade a greater number of small booksellers,<br /> while it curtailed the trade of bigger dealers, and<br /> this again would raise doubts as to whether the<br /> larger number of smaller dealers selling at higher<br /> prices or the smaller number of larger dealers<br /> selling at lower prices is the better condition for<br /> the author, for the publishers, and last but not<br /> least, for the reading public. These are interesting<br /> problems which have frequently been ventilated in<br /> the Author, and no doubt will continue to be so in<br /> the future.<br /> <br /> E, A, ARMSTRONG.<br /> <br /> &lt;&gt; ¢<br /> <br /> THE LITERARY YEAR BOOK.*<br /> <br /> a<br /> General.<br /> <br /> HE “Literary Year Book” for 1904 is now<br /> a before the public. ‘his is the eighth year<br /> of issue.<br /> <br /> In the main features of this useful annual<br /> publication no alteration has been made, and, on<br /> the whole, the 1904 edition is an improvement on<br /> its predecessors. Like other works of reference its<br /> tendency is to increase in size, so that the editor<br /> may expect, before long, to be confronted by the<br /> necessity of omitting those parts which are least<br /> wanted. The “calendar” and “signs used in<br /> correcting proofs” could be easiest dispensed with,<br /> and the resumé, which occupies twenty-seven pages,<br /> might be considerably condensed. Nevertheless,<br /> <br /> <br /> <br /> * “Literary Year Book,’ 1904: George Allen, 5s.<br /> <br /> THE AUTHOR.<br /> <br /> rather than delete any feature or reduce the size of<br /> the type, it would be more serviceable were the<br /> book printed on thinner paper. Without increasing<br /> the bulk of the work, extra pages could then be<br /> added after the style of the “ Unique Manuscript<br /> Register” (A. J. Baynes, 441, Strand), on which<br /> the author could record conveniently an account of<br /> his year’s labours for future reference. The advan-<br /> tage of this to the “ Year Book” publisher would<br /> be, that the volume so used would not be lent, and<br /> each author would have to buy his own copy.<br /> <br /> To ensure a work of this character being gene-<br /> rally referred to, every list given ought to be as<br /> complete as possible. Turning to the ‘ Calendar”?<br /> we miss a record of the birthdays of the following<br /> well-known authors :—In January—Maria Edge-<br /> worth, R. Savage, Aikin, Bentley ; in February—<br /> Archbishop Whateley, Hallam the historian, About,<br /> Lowell, Grimm and Lover; in March—Manzoni ;<br /> April—Mme. de Staél and Froude; May—Le Sage,<br /> J. S. Mill and Lytton; July—Klopstock and<br /> Petrarch ; August—Fénélon; September—Chateau-<br /> briand, M. J. Daumas, Korner, Jane Taylor and<br /> Mrs. Hemans; October—S. T. Coleridge and<br /> Adelaide Procter; November—Hans Sachs and<br /> Shenstone ; December—E. Burritt, Mary Mitford,<br /> A. Cunningham and Samuel Smiles.<br /> <br /> The “Obituary” section has no note of the<br /> death of the eminent musical writer, H. J. Hipkins,<br /> author of the monumental ‘‘ Musical Instruments,”<br /> published by Black, the “ History of the Piano-<br /> forte” (Novello), and contributor of upwards of<br /> five hundred articles in Grove’s “ Dictionary of<br /> Music” and the “Encyclopedia Britannica.”<br /> Other names excluded from last year’s death list<br /> are Mrs. E. T. Cook, author of “The Bride’s<br /> Book,” ‘Highways and Byeways of London”<br /> (d. June 19); J. A. McNeill Whistler, author of<br /> the “Gentle Art of Making Enemies” (July 17) ;<br /> Wilfrid Cripps, C.B., F.S.A., author of “Old<br /> English Plate,” “Old French Plate,” (Oct. 26) ;<br /> James Innes Minchin, translator of Dante’s<br /> “Divine Comedy” (Jan. 13) and Richard Savage<br /> (Oct. 11). In the section devoted to “ Books of<br /> Reference” there is no mention of the “ World<br /> Directory of Music,” published by De Witt,<br /> Leipzig.<br /> <br /> Coming to “Authors,” when lesser lights are<br /> included, why are the following names overlooked ?<br /> Gilder, Joseph B., author of ‘‘Carnegie’s Gospel<br /> of Wealth,” ‘“Lowell’s Impressions of Spain,”<br /> &amp;e.; Bruce, John Mitchell, author of much medical<br /> literature and assistant editor of Quain’s Dic-<br /> tionary ; Parkin, G. R., author of ‘ Imperial<br /> Federation,” “Round the Empire,’ “The Great<br /> Dominion,” &amp;c.; Edwards, Osman, author of<br /> “Studies of Theatrical Life,’ “A Gauntlet,”<br /> “ Japanese Plays and Playfellows,” &amp;c. ; Watson,<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Aaron, author of “ Brown Studies,” ‘ Waifs<br /> and Strays,” “For Lust of Gold,” &amp;c. ; Foakes<br /> Jackson, Rev., author of the “ History of the<br /> <br /> Christian Church,” &amp;c. ; Angus, Orme, author of,<br /> <br /> “Sarah Tuldon,” a Story of Wessex Life ; Ford,<br /> William, author of “ Baja the Freebooter,” “ Pun-<br /> jaub Coach,” &amp;c. ; Forrest, Sir John, author of<br /> ‘ Explorations in Australia,” &amp;c.; Prowl, Ebenezer,<br /> author of about a dozen authoritative text books<br /> on music which have been translated into French,<br /> German, and Italian ; Fraser, J. Foster, author of<br /> “ Round the World on a Wheel,” &amp;c. ; Lancaster,<br /> W. J. Cosens, author of many excellent nautical<br /> novels. Victor Spiers is mentioned, but why is<br /> R. Phené Spiers, the author of valuable architectural<br /> works, left out ?<br /> <br /> Space restricts our naming more omissions of<br /> general writers, but, if we particularise in one<br /> department, and turn to the topic of most interest<br /> this year—i.e. the War—and recall the books<br /> dealing with Russia, Korea, and Japan brought<br /> before the public towards the end of last year, we<br /> will find that the writers of such works are con-<br /> spicuous by their absence in the “ Literary Year<br /> Book,” published last March. There is no mention<br /> of the authors of the following :—“‘The Russian<br /> Advance ” (Albert Beveridge), “Sixteen Years in<br /> Siberia” (Leo Deutsch), “ In the Uttermost East”<br /> (Chas. H. Hawes), “The World’s History “(Dr<br /> H. F. Helmolt), “Manchuria” (Alex. Hosie),<br /> “The Far East: its History and its Question ”<br /> (Alex. Krausse), “‘The Path of Empire” (George<br /> Lynch), “History of Russia” (Alfred N. Ram-<br /> baud), “The Great Siberian Railway ” (Michael<br /> M. Shoemaker), “Korean Sketches” (Rev. J.<br /> S. Gale), “Japanese Girls” (Alice M. Bacon),<br /> “Japan: its History, &amp;c.” (Captain F. Brink-<br /> ley), “The Heart of Japan” (C. L. Brownell),<br /> “Things Japanese” (Basil Hall Chamberlain),<br /> “ Handbook of Japan” (W. Mason), “ Evolution<br /> of the Japanese” (Sidney Gulick), “ Japanese<br /> Training” (H. Irving Hancock), “Japan and<br /> her People” (Anna ©. Hartshorne), “ Kokoro”<br /> (Lafcadio Hearn), “ Feudal and Modern Japan”<br /> (Arthur May Knapp), “Tales of Old Japan”<br /> (A. B. Mitford), “History of Japan ” (Fred.<br /> Millard), “Japan and its Trade” (J. Morris),<br /> “Japan in Transition” (S. Ransome), “ Tmpres-<br /> sions of Japan” (G. H. Rittner), ‘‘ Three Rolling<br /> Stones in Japan” (Gilbert Watson), “ Japan :<br /> Aspects and Destinies” (Petrie Watson), and<br /> “ Ships and Shipping” (Francis Miltoun). Many<br /> of the above topical works are new editions of<br /> old ones, and few of the authors are novices.<br /> The incompleteness of the List of Authors seems,<br /> indeed, to imply that the value of the “ Year<br /> Book” for personal reference is overlooked. A<br /> reliable directory of the iiterary world would enable<br /> <br /> THE AUTHOR. 209<br /> <br /> a publisher to communicate direct with any author<br /> he pleases. In these days, when an author seldom<br /> confines himself to one publisher, the public also<br /> should be able to refer to the “‘ Year Book” for a<br /> complete list of the works of a favourite author ;<br /> and, to facilitate such inquiry, the addition of a<br /> List of Titles, classified under Theology, Travel,<br /> Science, Fiction, Poetry, &amp;c., would be welcome.<br /> <br /> The list of periodical publications needs also<br /> more careful revision. For instance, the London<br /> addresses of the following papers are wrong :—<br /> Belfast News Letter, 435, Strand ; Daily Dispatch,<br /> Manchester, 68, Fleet Street ; Newcastle Chronicle,<br /> 22, Essex Street ; Norfolk Chronicle, 149, Strand ;<br /> Nottingham Daily Express, 75, Fleet Street.<br /> <br /> Musical periodicals are nearly all omitted. Not<br /> one of the following well-known papers is given :—<br /> British Bandsmen, 188,Strand, W.C. ; Music Trades<br /> Review, 1, Racquet Court, E.C.; Journal of the<br /> Incorporated Society of Musicians, 19, Berners Street,<br /> W.; Musical Record, 199, Regent Street, W. ; Music,<br /> 188, Wardour Street, W.; J/usical Opinion, 35,<br /> Shoe Lane, E.C. ; Musical Standard, 83, Charing<br /> Cross Road, W.C.; Orchestral Association Gazette,<br /> 28, Gerrard Street, W.; Organist and Choirmaster,<br /> 9, Berners Street, W.; Strad, 3, Green Terrace,<br /> Rosebery Avenue.<br /> <br /> Amongst the Press Cutting Agents no German<br /> firm is mentioned, and amongst magazine photo-<br /> graphers one of the most enterprising firms—the<br /> City Art Photo. Co. (manager, Mr. W. D. Horn)<br /> —is overlooked.<br /> <br /> We offer the foregoing criticisms in the friendliest<br /> spirit, our desire being that so excellent a publica-<br /> tion may be made as perfect and complete as<br /> possible, for there is no reason why, with proper<br /> organization, the “Literary Year Book” should<br /> not be as comprehensive and up-to-date as<br /> “Dod’s” Peerage or “Crockford’s” Clergy List.<br /> If advantage is taken of such hints as those we<br /> have given, the result will be profitable to the<br /> publisher and the immense community to which<br /> he appeals.—A. R.<br /> <br /> Legal.<br /> <br /> The legal side of the book is one which, more than<br /> any other, needs the consideration of members of<br /> the Society of Authors.<br /> <br /> The articles included deal with the numerous<br /> points on which authors desire information and<br /> protection, but in most cases, though correct,<br /> so far as they go, are insufficient. This is the<br /> real difficulty in the production of a book of this<br /> kind. Insufficient information may often lead an<br /> author into serious errors, but we do not desire to<br /> cavil and find fault. We fully recognise that it is<br /> impossible for an editor to provide against all<br /> <br /> <br /> 210<br /> <br /> contingencies on any question, more especially<br /> when those questions deal with copyright and the<br /> legal side of literary property. Even with the<br /> added assistance of the “ Literary Year Book” an<br /> author should be particularly careful, and in many<br /> cases should not consider himself secure without<br /> special expert advice. : :<br /> <br /> Agreements and copyright, in their respective<br /> chapters, with some slight deflections, are admir-<br /> ably dealt with, clearly and lucidly expounded, and<br /> very accurate.<br /> <br /> The agreements are classed under the following<br /> four heads— :<br /> <br /> Royalty Agreement ; Sharing profits ; The author<br /> commissioned ; The publisher commissioned.<br /> <br /> This is a fairly satisfactory division, but The<br /> Author Commissioned is rather a different form of<br /> agreement to the sale outright. If the publisher<br /> commissioned a book from an author he would be<br /> entitled to make larger demands from the author<br /> than if he merely purchased the copyright. On<br /> the whole, the divisions set forth in The Author<br /> are the more satisfactory. Sale Outright, Profit<br /> Sharing Agreement, The Royalty System, and The<br /> Commission Agreement.<br /> <br /> Mr. Charles Weekes, who is responsible for these<br /> chapters, sets out a series of usual clauses, explains<br /> them, and notes their omissions, but expresses no<br /> opinion as to how far he considers an author has a<br /> right or is entitled to make demands from a pub-<br /> lisher. From his point of view, as editor, he is<br /> justified in taking this line, if, indeed, it is not the<br /> only line he could adopt.<br /> <br /> The question of serial rights is treated hardly at<br /> sufficient length. This is often the most important<br /> side of the property of the writers of fiction, and<br /> also of writers of educational and technical works.<br /> The Editor states, ‘‘ All serialisation should cease<br /> when the book is published”; but difficulty often<br /> arises owing to the lack of finality in the contract<br /> with editors when the sale takes place.<br /> <br /> It would have been a good thing if he had dealt,<br /> perhaps in a separate article, with serial rights and<br /> the contract for the sale of those rights, and the<br /> difficulty that surrounds it.<br /> <br /> There is also another omission of great import-<br /> ance to authors—the agreements made between<br /> authors and their agents ; for as the agent is ina<br /> position more confidential to the author than the<br /> publisher or anyone else who deals with his pro-<br /> perty, it is essential that his agreement should be<br /> carefully controlled, and the author should see,<br /> when dealing with the agent, that he is not dealing<br /> with a man who is also acting on behalf of the<br /> publisher.<br /> <br /> There is very little fault to find with the other<br /> comments Mr. Weekes has made. In “The Author<br /> Commissioned” it might be as well for the author<br /> <br /> THE AUTHOR.<br /> <br /> to insist as one term of the contract that no altera-<br /> tion should be made in the MS. without his<br /> sanction, for although it is stated “that the<br /> assignment of copyright does not convey the right<br /> <br /> ‘to alter or revise the book in such a manner that<br /> <br /> the author’s reputation suffers,” yet there are<br /> many alterations possible which would annoy and<br /> disgust an author, but which need not necessarily<br /> be considered by a judge and jury as damaging to<br /> his reputation.<br /> <br /> Turning from the Agreements to the chapter on<br /> Copyright, we are pleased to say that the errors<br /> are few, as far as the exposition of the copy-<br /> right law is concerned. Only those who have<br /> tried the task can imagine how exceedingly<br /> difficult it is to compress a subject of this kind<br /> into so small a space, but the statements made<br /> are clear, correct, and, within limits, satisfying.<br /> The author, under the heading of “ Extent,” says<br /> that an assignment for any less period than the<br /> whole term of copyright, would be a licence only.<br /> From whence does he get this statement? Surely,<br /> it is possible to assign the whole copyright for a<br /> limited period, without merely assigning a licence<br /> to publish; otherwise, there would be no need for<br /> the registration of assignments at Stationers’ Hall.<br /> <br /> Under the heading of Magazines and Periodicals,<br /> the distinction that exists under the eighteenth<br /> section between Encyclopedias and Reviews,<br /> Magazines, etc., is hardly sufficiently emphasised.<br /> To anyone who read the paragraph as an amateur<br /> the difference would certainly not be clear. The<br /> writer states under the same heading, ‘‘ The work<br /> of a servant would vest in his employer from the<br /> first.” This point, in the absence of any evidence<br /> to the contrary, must be yielded; but he continues,<br /> “it is doubtful if the sender of a voluntary con-<br /> tribution, though his work was used, would have<br /> any rights unless the terms were expressly men-<br /> tioned.” This sentence is enigmatical. Does the<br /> writer intend to convey that the author in those<br /> cases where a contribution has been sent without<br /> a special demand to an editor, and the contribution<br /> has been printed and paid for, would possess no<br /> rights whatever, and would therefore be considered<br /> to have sold the copyright ? Surely, this deduction<br /> cannot be correct.<br /> <br /> Again, under the heading of “Drama,” the<br /> following statement appears—<br /> <br /> “ After publication in print, but before authorised<br /> representation, it is doubtful whether a common<br /> law action would lie against an unauthorised per-<br /> former.” This is contrary to the view taken by<br /> Mr. Scrutton, whose statement of the law we<br /> personally are inclined to follow. Under the same<br /> heading, the writer is certainly ambiguous in the<br /> following sentence :—<br /> <br /> “As to performing right and copyright as they<br /> <br /> <br /> <br /> <br /> <br /> <br /> may be retained or lost by first performance or<br /> publication outside the United Kingdom, first<br /> performance in ‘America does not divest the Com-<br /> mon Law right here.” This passage surely needs<br /> a little further explanation for the uninitiated.<br /> <br /> Under the “International” heading, it will be<br /> seen that Austria and Hungary are included in the<br /> Berne Convention. This is not correct. Austria<br /> and Hungary have a special Treaty with Great<br /> Britain, and some other countries, but they are<br /> not members of the International Convention.<br /> <br /> To sum up, however, the impression conveyed<br /> to a critic of that portion of the work, dealing with<br /> the legal side of literary property, is thab it is<br /> sound and trustworthy, and may, with limitations,<br /> be safely employed by those who seek information<br /> on the points which the writer has sought to<br /> elucidate. G. H. T.<br /> <br /> ——_+—&gt;—_+—___——_<br /> <br /> MUSICAL COPYRIGHT.<br /> <br /> ————+—<br /> Minority Report.<br /> <br /> N the March number of 7&#039;he Author we printed a<br /> summary of the majority report on the ques-<br /> tion of Musical Copyright, issued by the<br /> <br /> departmental committee.<br /> <br /> Since that date the Musical Copyright Bill<br /> introduced by Mr. Mount has come up and passed<br /> a second reading in the House of Commons, and<br /> has been referred to the Standing Committee on<br /> Law. It has gone even further, It has been<br /> amended, and printed as amended.<br /> <br /> Mr. Caldwell, the sole author of the minority<br /> report, took the opportunity of placing his views<br /> before the House of Commons in his speech on the<br /> second reading ; perhaps, however, it would be<br /> fairer to take the statement of his views from his<br /> considered report rather than from his speech.<br /> <br /> In the opening paragraph he states as follows :—<br /> <br /> “The general evidence given disclosed the existence of<br /> another interest—that of the general public interested in<br /> the cultivation of music—an interest, however, which was<br /> not specially represented at the enquiry ; which is prac-<br /> tically ignored in the report of the majority of the Com-<br /> mittee, but which, nevertheless, fails to be considered in any<br /> amendment of the law which may be deemed necessary.<br /> <br /> “The whole of the witnesses examined (excepting the<br /> ‘King of the Pirates’) regard musical copyright as a right<br /> of property, such as a man has in his watch, entitling the<br /> owner of the copyright to exercise his right of property in<br /> any manner he pleases without any regard to the interests<br /> of the general public or to the advancement of music in the<br /> community. It is also upon that assumption that summary<br /> proceedings, analogous to those of the criminal law, seem to<br /> be recommended.<br /> <br /> “ A slight consideration will show that copyright is not<br /> such an absolute right of property as is claimed, but is a<br /> ‘liberty’ or privilege, conferred by Parliament, with the<br /> <br /> THE AUTHOR.<br /> <br /> 211<br /> <br /> view of encouraging music in the general community into<br /> which the public interest enters, as well as that of the<br /> owner of the copyright, and over the exercise of which by<br /> the owner of the copyright Parliament has and exercises a<br /> right of control.’<br /> <br /> In order to prove the final contention he quotes<br /> at length the Acts on which copyright is founded.<br /> <br /> We venture to think that his judgment is<br /> entirely incorrect, and that a deeper consideration<br /> of the subject would have secured a sounder<br /> opinion.<br /> <br /> The Government found a certain form of pro-<br /> perty existing, which, perhaps, more than any<br /> other, should be reckoned the sole property of its<br /> originator. They found that this property was<br /> ill-secured and easily filched from the owner.<br /> Accordingly, in order to secure it, they passed<br /> Copyright Statutes. At that time a cry was raised<br /> by people who, like Mr. Caldwell, considered they<br /> represented the public ; but the plea of the public<br /> was shown many years ago by the most distin-<br /> cuished authorities, and those who had given the<br /> matter their fullest attention to be without<br /> foundation. It is late in the day to bring up the<br /> question again, and it would take too much space<br /> to quote the learned authorities referred to. It<br /> would be interesting to enquire whether Mr. Cald-<br /> well has studied the legislation dealing with copy-<br /> right property since the passing of the Act of<br /> 1842; whether he has noted that all modern<br /> legislation in all the countries of the world has<br /> been to confirm the property in the author, to give<br /> him wider limits, not only as far as country but also<br /> as far as time! is concerned ; and that in the great<br /> majority of cases which have been taken into the<br /> courts of law the Acts have as a rule received the<br /> most liberal interpretation in favour of the authors<br /> of literary, dramatic, and musical property.<br /> <br /> He goes on to state that the owners of musical<br /> copyright have exercised their sole and exclusive<br /> “liberty” in a manner highly detrimental to the<br /> interests of the general public, as well as to the<br /> advantage of music, and have practically tempted<br /> and induced piracy.<br /> <br /> “To find anything like an approach to the present piracy<br /> of musical copyright, one has to go back to the piracy of<br /> books by American editions, owing to the high prices<br /> charged for books in this country placing books of educa-<br /> tional value quite beyond the reach of the general public,<br /> notwithstanding the cheapness of paper and printing. By<br /> the issue of cheaper editions for the general public the<br /> temptation to piracy has been removed ; and the public<br /> being now supplied at a reasonable price there is no market<br /> for pirated books, notwithstanding the somewhat irrelevant<br /> reference in the concluding paragraph of the report of the<br /> majority as to the alleged piracy of Mr. Arthur Balfour&#039;s<br /> pamphlet and Mr. Kipling’s poems.<br /> <br /> “The evidence has disclosed that the author or composer<br /> of a musical composition does not himself publish the sub-<br /> ject of his copyright. A trade or business has sprung up<br /> <br /> of publishers, who purchase musical copyrights either for a<br /> small sum, cash down, in the case of unknown composers,<br /> <br /> <br /> 212<br /> <br /> or for a royalty of from one penny up to fourpence per copy<br /> sold—the customary royalty being threepence per copy,<br /> subject to a deduction of one-seventh. The publisher in<br /> the case of such purchases takes the place of the original<br /> owner of the copyright, with the same powers and subject<br /> to the same limitations and responsibilities.<br /> <br /> “ The publishers who are purchasers of copyright appear<br /> to have an arrangement amongst themselves with regard to<br /> the prices to be charged. The prices charged to the public<br /> seem to be the same in all cases, irrespective of the royalty<br /> paid to the author and composer, although the discount to<br /> the trade may vary as regards individual compositions and<br /> individual publishers. The successes are made to pay for<br /> the failures ; and as the failures are said to be five-sixths of<br /> the total, a heavy tax is by this arrangement laid upon the<br /> general public. A business arrangement of this kind is not<br /> contemplated by the Copyright Acts, which, although<br /> necessarily permitting sales of copyright, confer no further<br /> power in the assignee than that which existed in the<br /> original owner of the copyright.”’<br /> <br /> The statements contained in the first paragraph<br /> just quoted are not in accordance with fact ; it<br /> must, therefore, logically follow that the deductions<br /> are equally erroneous.<br /> <br /> No doubt he is, to a certain extent, correct with<br /> regard to the attitude of the publishers. They<br /> purchase, in many instances for small prices, from<br /> the composers, and then market the music for<br /> their profit without any consideration for the<br /> public which Mr. Caldwell so boldly champions.<br /> <br /> This point of view has been well set forth in a<br /> statement received from a member of the Society,<br /> dealing with the present situation :—<br /> <br /> “ Hitherto the public has only been acquainted with the<br /> matter from the point of view of the publishers. Inasmuch<br /> as the publisher and shopkeeper are bosom friends, the<br /> composer, unless he is a genius with business ability who<br /> can look after himself, comes off worse even than the public,<br /> in the bargain. In private, the composer is willing enough<br /> to air his grievances, but in public, inasmuch as there is no<br /> combination amongst composers for mutual defence, the<br /> individual musician who has suffered, being afraid that his<br /> further compositions may not be accepted, thinks that dis-<br /> cretion is the better part of valour, Unfortunately for<br /> the composer there is no Sir Walter Besant in the musical<br /> profession. Zhe Musical News, which could do much for<br /> him, concentrates its attention on the evils of bogus colleges<br /> which interfere with the earnings of the music teacher, but<br /> the members of the syndicate owning that paper who could<br /> criticise music publishing methods if they liked, much to<br /> the distaste of the publishing houses, preserve a policy of<br /> silence. As nearly all the other musical periodicals, like<br /> the Musical Times and Musical Record, are owned by pub-<br /> lishers themselves, the individual composer, who is of little<br /> use to the advertisement manager, has no channel through<br /> which to air his wrongs.”<br /> <br /> But we cannot agree with Mr. Caldwell in com-<br /> paring the present musical piracy with the piracy<br /> of works in the United States some years ago, and<br /> a moment’s consideration will show his reason to<br /> be false. It must be clear to anyone who has<br /> studied the subject, that any literary, dramatic or<br /> musical property can always be produced by the<br /> pirate at a cheaper rate than it can be produced on<br /> behalf of the owner of the copyright. The pirate<br /> <br /> THE AUTHOR.<br /> <br /> has merely to think of his profit on the cost of<br /> production ; the legitimate publisher has to con-<br /> sider the profit of the author, in addition to the<br /> profit on the cost of production. Mr. Caldwell is,<br /> no doubt, right in some of his deductions as to the<br /> profit that is paid to the composer, as it is clear<br /> from the frequent instances which come before the<br /> Secretary of the Society, that the unfortunate com-<br /> poser is in a much worse position than is the author<br /> of literary and dramatic pieces, owing to his un-<br /> willingness to join an organised body of defence,<br /> which exists in the Society; but if the composer<br /> obtained the full share of the profit of the work, the<br /> outcome of his brain, it is not likely that the price<br /> of music would be appreciably reduced to the<br /> public. Mr. Caldwell should also remember that<br /> the surest way of increasing the study of music is<br /> by protecting adequately the producers of this<br /> work. If one, who has within him the capacity of<br /> a great composer, is to obtain a living wage, he<br /> must receive some fair security for his labours.<br /> This security, confirmed by Statute, must necessa-<br /> rily raise the price of these labours to the public.<br /> Mr. Caldwell states, with a precision which is<br /> hardly justified : “ Piracy of musical composition<br /> is due, therefore, to the same causes which at one<br /> time produced piracy in the case of books, and<br /> which, in the case of books, has been removed by<br /> the issue of cheaper editions, at a price within the<br /> reach of the general public.”<br /> <br /> The piracy of musical compositions is not really<br /> due to the same causes which brought about the<br /> piracy of books in the United States. The piracy<br /> of books in England never existed to a great<br /> extent, and the piracy of books in the United<br /> States only existed because there was no protective<br /> law, and not for the reason put forward by Mr.<br /> Caldwell, that they desired cheaper books on the<br /> market. There are many other interesting remarks<br /> in the minority report which have not been dealt<br /> with, and there are many interesting remarks in<br /> the evidence of Mr. James Frederick Willetts,<br /> known as “The Pirate King,” who wishes to pose<br /> as an altruist and public benefactor ; but it is hardly<br /> worth while to deal with the question at great<br /> length.<br /> <br /> It was essential, however, that members of the<br /> Society should comprehend fully some of the argu-<br /> ments—fallacious though they be—which are still,<br /> unfortunately, put forward to prevent remedial<br /> legislation for the protection of copyright property.<br /> There are, no doubt, many disputed points in<br /> copyright law, arising from the different interests<br /> of authors and publishers, but it is astonishing in<br /> the twentieth century to see arguments soberly<br /> put forward, which ought to have been laid in<br /> their graves seventy years ago.<br /> <br /> G. HoT.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE PUBLISHERS’ ASSOCIATION.<br /> <br /> ——<br /> <br /> HE Report of the Annual General Meeting<br /> a of the Publishers’ Association was printed<br /> too late to be inserted in the April number<br /> <br /> of The Author. We are pleased to hear that Mr.<br /> <br /> ’ Reginald Smith, K.C., of Messrs. Smith, Elder and<br /> <br /> Co., has been elected to the Presidency of the<br /> Association. We congratulate Mr. Smith on his<br /> honourable appointment, and the Association on<br /> having secured so able a President.<br /> <br /> There seems to have been, at the meeting and<br /> during the past year, considerable work done in<br /> dealing with the sale of educational books and the<br /> question of preferential discounts to educational<br /> houses. ‘The matter is one of great importance to<br /> all writers of educational works.<br /> <br /> We are pleased to see that the Publishers’ Asso-<br /> ciation made a substantial grant to the expenses<br /> of the defendants in the case of Aflalo and Cook v.<br /> Lawrence and Bullen. Mr. Longman, in his speech,<br /> said that the resulting judgment established a<br /> principle of considerable importance to the publish-<br /> ing trade. The Committee of the Authors’ Society<br /> also considered the legal point important. The<br /> fact that the Publishers’ Association supported the<br /> defendants on the grounds put forward by their<br /> President finally does away with the ill-considered<br /> conclusion hastily arrived at by some members of<br /> the trade, that the action, commenced by the<br /> plaintiffs and supported by the Society, was<br /> frivolous and vexatious,<br /> <br /> In the Report are also issued the definitions of<br /> some simple publishing terms, which it would be<br /> useful for authors to remember :—<br /> <br /> Inpression—A number of copies printed at any one<br /> time. When a book is reprinted without change it<br /> should be called a new “impression,’’ to distinguish<br /> it from an “edition,’’ as defined below.<br /> <br /> Edition. An impression in which the matter has under-<br /> gone some change, or for which the type has been<br /> re-set.<br /> <br /> Re-issue.-—A republication at a different price, or in a<br /> different form, of part of an impression which has<br /> already been placed on the market.<br /> <br /> It is exceedingly useful to have these explana-<br /> tions authoritatively promulgated, and it is hoped<br /> that they will be strictly enforced. We can-<br /> not help, however, putting forward once again<br /> that it would be still more advantageous if the<br /> Association settled on the unit of an impression,<br /> and insisted on the members adopting the unit<br /> universally. Thus, if the unit was fixed at 1,000<br /> copies, a limited issue of 500 copies would be half<br /> an impression, a sale of 100,000 copies would be<br /> 100 impressions. If this rational course was<br /> adopted, the trade would get rid of the absurdity<br /> of an imprint on a book of “Third impression”<br /> <br /> THE AUTHOR. 213<br /> <br /> when only thirty copies had been sold. Such<br /> action is not only ridiculous, but it constitutes a<br /> mild fraud on the public.<br /> <br /> —_———_&lt;$*_1———_e———____<br /> <br /> THE APRIL MAGAZINE CONTENTS.<br /> <br /> <br /> <br /> LiveRARY, Dramatic, AND Musical<br /> <br /> BLACKWOOD’S MAGAZINE.<br /> <br /> Lord Acton’s Letters—The Scientific Historian in Theory<br /> and Practice—Tacitus and his Translations in “ Musings<br /> without Method.”<br /> <br /> <br /> <br /> CONTEMPORARY REVIEW.<br /> <br /> Lord Acton’s Letters. By Augustine Birrell, K.C,<br /> Tshaikovski’s Operas. By A. E. Keeton.<br /> <br /> CORNHILL MAGAZINE.<br /> Sir Leslie Stephen. By Frederick Harrison.<br /> Memories of “The Times.’’ By Alex. Innes Shand.<br /> <br /> THE EDINBURGH REVIEW.<br /> The Philosophy of Herbert Spencer.<br /> Mr. Morley’s Life of Gladstone.<br /> The Letters of Ernst Curtius.<br /> The Letters of Horace Walpole.<br /> Sir George Trevelyan on the American Revolution.<br /> <br /> THE FORTNIGHTLY REVIEW.<br /> <br /> Of the True Greatness of Thackeray. By H. H.<br /> Statham.<br /> <br /> Mr. Bodley on the Crown. By Justin McCarthy.<br /> <br /> D’ Annunzio’s New Play. By May Bateman.<br /> <br /> Letters on the Drama. Madame Navarro; Mrs.<br /> Craigie.<br /> <br /> INDEPENDENT REVIEW.<br /> <br /> Lord Acton at Cambridge. By John Pollock.<br /> <br /> Mr. Paul’s History of England. By Augustine Birrell,<br /> K.C<br /> <br /> “To Soria-Moria Castle.’’ By Edmund Garret,<br /> <br /> MACMILLAN’S MAGAZINE,<br /> Alfred Ainger. By the Master of Peterhouse.<br /> <br /> THE MonTHLy REVIEW.<br /> <br /> Edward Fitzgerald. By the late Whitwell Elwin.<br /> <br /> The True Story of the Stratford Bust. By Mrs. Stopes.<br /> THE New LIBERAL REVIEW.<br /> <br /> The Rise of the Drama in Ireland. By John Campbell.<br /> <br /> THe NINETEENTH CENTURY REVIEW.<br /> The Place of Whistler. By Frederick Wedmore.<br /> Aeschylus and Shakespeare. By the Rev. R. §. De<br /> Courey Laffan.<br /> <br /> THE QUARTERLY REVIEW.<br /> <br /> Gabrielle d’Annunzio. By Henry James.<br /> Leslie Stephen and his Works.<br /> <br /> The Novels of &#039;homas Hardy.<br /> <br /> Marco Polo and his followers in: Central Asia.<br /> <br /> TEMPLE BAR.<br /> <br /> On Browning in a Library. By the Rey. Archie F.<br /> Wibling.<br /> <br /> <br /> 214<br /> <br /> WARNINGS TO THE PRODUCERS<br /> OF BOOKS.<br /> <br /> BEDE<br /> ERE are a few standing rules to be observed in an<br /> agreement. There are four methods of dealing<br /> <br /> with literary property :—<br /> <br /> I. Selling it Outright.<br /> <br /> This is sometimes satisfactory, if a proper price can be<br /> obtained, But the transaction should be managed by a<br /> competent agent, or with the advice of the Secretary of<br /> the Society.<br /> <br /> II. A Profit-Sharing Agreement (a bad form of<br /> agreement).<br /> <br /> In this case the following rules should be attended to:<br /> <br /> (1.) Not to sign any agreement in which the cost of pro-<br /> duction forms a part without the strictest investigation.<br /> <br /> (2.) Not to give the publisher the power of putting the<br /> profits into his own pocket by charging for advertisements<br /> in his own organs, or by charging exchange advertise-<br /> ments. Therefore keep control of the advertisements,<br /> <br /> (3.) Not to allow a special charge for “ office expenses,”<br /> unless the same allowance is made to the author.<br /> <br /> (4.) Not to give up American, Colonial, or Continental<br /> rights.<br /> <br /> (5.) Not to give up serial or translation rights.<br /> <br /> (6.) Not,to bind yourself for future work to any publisher.<br /> As well bind yourself for the future to any one solicitor or<br /> doctor !<br /> <br /> III. The Royalty System.<br /> <br /> This is perhaps, with certain limitations, the best form<br /> of agreement. It is above all things necessary to know<br /> what the proposed royalty means to both sides. It isnow<br /> possible for an author to ascertain approximately the<br /> truth. From time to time very important figures connected<br /> with royalties are published in Zhe Author.<br /> <br /> IY. A Commission Agreement.<br /> <br /> The main points are :—<br /> <br /> (1.) Be careful to obtain a fair cost of production.<br /> (2.) Keep control of the advertisements.<br /> <br /> (3.) Keep control of the sale price of the book.<br /> <br /> General.<br /> <br /> All other forms of agreement are combinations of the four<br /> above mentioned.<br /> <br /> Such combinations are generally disastrous to the author.<br /> <br /> Neyer sign any agreement without competent advice from<br /> the Secretary of the Society.<br /> <br /> Stamp all agreements with the Inland Revenue stamp.<br /> <br /> Avoid agreements by letter if possible.<br /> <br /> The main points which the Society has always demanded<br /> from the outset are :—<br /> <br /> C1.) That both sides shall know what an agreement<br /> means. :<br /> <br /> @.) 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 /> <br /> (3.) Always avoid a transfer of copyright.<br /> <br /> ——_+—&gt;—_<br /> <br /> WARNINGS TO DRAMATIC AUTHORS.<br /> <br /> og<br /> EVER sign an agreement without submitting it to the<br /> Secretary of the Society of Authors or some com-<br /> petent legal authority.<br /> 2. It is well to be extremely careful in negotiating for<br /> the production of a play with anyone except an established<br /> manager,<br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> <br /> <br /> 3. There are three forms of dramatic contract for plays.<br /> in three or more acts :—<br /> <br /> (a.) Sale outright of the performing right. This<br /> is unsatisfactory. An author who enters into<br /> such a contract should stipulate in the contract<br /> for production of the piece by a certain date<br /> and for proper publication of his name on the<br /> play-bills.<br /> <br /> (b.) Sale of performing right or of a licence to<br /> perform on the basis of percentages on<br /> gross receipts. Percentages vary between 5<br /> and 15 per cent. An author should obtain a<br /> percentage on the sliding scale of gross receipts<br /> in preference to the American system. Should<br /> obtain a sum in advance of percentages. A fixed<br /> date on or before which the play should be<br /> performed.<br /> <br /> (c.) Sale of performing right or of a licence to:<br /> perform on the basis of royalties (i.c.. fixed<br /> nightly fees). This method should be always<br /> avoided except in cases where the fees are<br /> likely to be small or difficult to collect. The<br /> other safeguards set out under heading (0.) apply<br /> also in this case.<br /> <br /> 4. Plays in one act are often sold outright, but it is<br /> better to obtain a small nightly fee if possible, and a sum<br /> paid in advance of such fees in any event. It is extremely<br /> important that the amateur rights of one-act plays should<br /> be reserved.<br /> <br /> 5. Authors should remember that performing rights can<br /> be limited, and are usually limited, by town, country, and<br /> time, This is most important.<br /> <br /> 6. Authors should not assign performing rights, but<br /> should grant a licence to perform. The legal distinction is<br /> of great importance. :<br /> <br /> 7. Authors should remember that performing rights in a<br /> play are distinct from literary copyright. A manager<br /> holding the performing right or licence to perform cannot<br /> print the book of the words.<br /> <br /> 8. Never forget that United States rights may be exceed-<br /> ingly valuable. They should never be included in English<br /> agreements without the author obtaining a substantial<br /> consideration.<br /> <br /> 9. Agreements for collaboration should be carefully<br /> drawn and executed before collaboration is commenced.<br /> <br /> 10. An author should remember that production of a play<br /> is highly speculative : that he runs a very great risk of<br /> delay and a breakdown in the fulfilment of his contract.<br /> He should therefore guard himself all the more carefully in<br /> the beginning.<br /> <br /> 11. An author must remember that the dramatic market<br /> is exceedingly limited, and that for a novice the first object<br /> is to obtain adequate publication.<br /> <br /> As these warnings must necessarily be incomplete, on<br /> account of the wide range of the subject of dramatic con-<br /> tracts, those authors desirous of further information<br /> are reterred to the Secretary of the Society.<br /> <br /> 0<br /> <br /> WARNINGS TO MUSICAL COMPOSERS.<br /> oe<br /> <br /> ITTLE can be added to the warnings given for the<br /> assistance of producers of books and dramatic<br /> authors. It must, however, be pointed out that, as<br /> <br /> a rule, the musical publisher demands from the musical<br /> composer a transfer of fuller rights and less liberal finan-<br /> cial terms than those obtained for literary and dramatic<br /> property. The musical composer has very often the two<br /> rights to deal with—performing right and copyright. He<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> should be especially careful therefore when entering into<br /> an agreement, and should take into particular consideration<br /> the warnings stated above.<br /> <br /> ——__—__—_—_—_+—&gt;—_&gt;—__—_<br /> <br /> HOW TO USE THE SOCIETY.<br /> <br /> so<br /> <br /> 1. VERY member has a right toask for and to receive<br /> advice upon his agreements, his choice of a pub-<br /> lisher, or any dispute arising in the conduct of his<br /> <br /> business or the administration of his property. The<br /> <br /> Secretary of the Society is a solicitor, but if there is any<br /> <br /> special veason the Secretary will refer the case to the<br /> <br /> Solicitors of the Society. _ Further, the Committee, if they<br /> <br /> deem it desirable, will obtain counsel’s opinion. All this<br /> <br /> without any cost to the member.<br /> <br /> 2, Remember that questions connected with copyright<br /> and publishers’ agreements do not fall within the experi-<br /> ence of ordinary solicitors. Therefore, do not scruple to use<br /> the Society.’<br /> <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 /> <br /> 4. Before signing any agreement whatever, send<br /> the document to the Society for examination.<br /> <br /> 5. Remember always that in belonging to the Society<br /> you are fighting the battles of other writers, even if you<br /> are reaping no benefit to yourself, and that you are<br /> advancing the best interests of your calling in promoting<br /> <br /> the independence of the writer, the dramatist, the composer.<br /> <br /> 6. The Committee have now arranged for the reception<br /> of members’ agreements and their preser ration in a fire-<br /> proof safé. The agreements will, of course, be regarded as<br /> confidential documents to be read only by the Secretary,<br /> who will keep the key of the safe. The Society now offers :<br /> —(1) To read and advise upon agreements and to give<br /> advice concerning publishers. (2) To stamp agreements<br /> in readiness for a possible action upon them. (3) To keep<br /> agreements. (4) To enforce payments due according to<br /> agreements. Fuller particulars of the Society’s work<br /> can be obtained in the Prospectus.<br /> <br /> 7, No contract should be entered into with a literary<br /> agent without the advice of the Secretary of the Society.<br /> Members are strongly advised not to accept without careful<br /> consideration the contracts with publishers submitted to<br /> them by literary agents, and are recommended to submit<br /> them for interpretation and explanation to the Secretary<br /> of the Society.<br /> <br /> 8. Many agents neglect to stamp agreements This<br /> must be done within fourteen days of first execution. The<br /> Secretary will undertake it on behalf of members.<br /> <br /> 9. Some agents endeavour to prevent authors from<br /> referring matters to the Secretary of the Society; so<br /> do some publishers. Members can make their own<br /> deductions and act accordingly.<br /> <br /> 10. The subscription to the Society is £1 1s. per<br /> annum, or £10 40s for life membership.<br /> <br /> 215<br /> THE READING BRANCH.<br /> <br /> — 1+<br /> <br /> EMBERS will greatly assist the Society in this<br /> branch of its work by informing young writers<br /> of its existence. Their MSS. can be read and<br /> <br /> treated as a composition is treated by a coach, he term<br /> MSS. includes not only works of fiction, but poetry<br /> and dramatic works, and when it is possible, under<br /> special arrangement, technical and scientific works. The<br /> Readers are writers of competence and experience. The<br /> fee is one guinea.<br /> <br /> oe<br /> <br /> <br /> <br /> NOTICES.<br /> <br /> —-—+—<br /> <br /> TYNHE Editor of Zhe Author begs to remind members of<br /> 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 /> 5s. 6d. subscription for the year.<br /> <br /> Communications for Zhe Author should be addressed to<br /> the Offices of the Society, 39, Old Queen Street, Storey’s<br /> Gate, §.W., and should reach the Editor not later than<br /> the 21st of each month.<br /> <br /> All persons engaged in literary work of any kind,<br /> whether members of the Society or not, are invited to<br /> communicate to the Editor any points connected with their<br /> work which it would be advisable in the general interest to<br /> publish.<br /> <br /> — nl<br /> <br /> Communications and letters are invited by the<br /> Editor on all subjects connected with literature, but on<br /> no other subjects whatever. Every effort will be made to<br /> return articles which cannot be accepted.<br /> <br /> ge<br /> <br /> The Secretary of the Society begs to give notice<br /> that all remittances are acknowledged by return of post,<br /> and he requests members who do not receive an<br /> answer to important communications within two days to<br /> write to him without delay. All remittances should be<br /> <br /> crossed Union Bank of London, Chancery Lane, or be sent<br /> by registered letter only.<br /> <br /> ++<br /> <br /> LEGAL AND GENERAL LIFE ASSURANCE.<br /> SOCIETY.<br /> <br /> +<br /> <br /> ENSIONS to commence at any selected age,<br /> either with or without Life Assurance can<br /> be obtained from this socieiy.<br /> <br /> Full particulars can be obtained from the City<br /> Branch Manager, Legal and General Life Assurance<br /> Society, 158, Leadenhall Street, London, E.C.<br /> <br /> <br /> AUTHORITIES.<br /> <br /> 19<br /> <br /> <br /> <br /> N the month of May, 1905, the Spanish<br /> I nation will celebrate the Tercentenary of the<br /> <br /> production of Don Quixote.<br /> <br /> To publish at this period an article on the<br /> subject, and the sonnet, the reproduction of<br /> which Mr. Austin Dobson has kindly sanctioned,<br /> may seem to some anticipating events; but the<br /> Spaniards were making arrangements for the fétes<br /> in honour of this celebration so early as the end<br /> of 1903. If the Spaniards are taking action we<br /> musi not be behindhand. In a future number of<br /> The Author we shall give full details of the pro-<br /> posed fétes. The arrangements are in the hands<br /> of a Special Commission, including among its<br /> members the Mayor of Madrid, the Prime<br /> Minister, and other influential people, and a<br /> large sum has been voted towards the expenses.<br /> It has always been a kindly jest against the<br /> Spaniards that they put off everything till “ to-<br /> morrow,” but in this case they seem to be taking<br /> ‘time by the fore-lock.”<br /> <br /> WE regret to see in the March number of The<br /> American Author notice that the periodical will<br /> cease to exist with that issue. This must bea very<br /> serious matter to all those who have wished for the<br /> success of the American Authors’ Society. The<br /> Editor states that “the periodiocal joins the long<br /> phalanx of publications which have failed for lack<br /> of financial backing.” This can only mean that<br /> the majority of the Authors of the United States<br /> have not joined the combination of their profession<br /> as they should have done. What is the reason of<br /> this? Perhaps we can give some explanation from<br /> our own experience. For many years now we have<br /> been endeavouring to obtain the cost of production<br /> of different forms of American books. We have<br /> applied frequently to the American Authors’<br /> Society asking for information on this point,<br /> but so far without success. When passing through<br /> New York we had the honour of meeting the Secre-<br /> tary and the President of the Society, and suggested<br /> the advisability of issuing books on the same lines<br /> as the English Society’s Cost of Production, and<br /> Methods of Publishing, as on these two points was<br /> based the whole system of authors’ profits. Is it<br /> possible that the citizens of a nation like the United<br /> States, who flatter themselves that they are so<br /> go-ahead and possessed of such strong business<br /> capacity, have shown themselves in the question of<br /> authorship alone wanting in the power of combina-<br /> tion, and lacking in the solution of the practical<br /> issues. We sincerely hope the withdrawal of The<br /> Amerwan Author is only temporary, and that at<br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> no distant date, when the Authors’ Society shall<br /> embrace all those whose names are constantly<br /> swelling the ranks of writers, the periodical will<br /> be started again under more healthy auspices.<br /> <br /> WE regret to chronicle the death of Mr. Julian<br /> Sturgis, who was a warm supporter of the Societ<br /> and its aims, He was a subscriber of £50 to the<br /> Pension Fund, and joined the Society in 1892.<br /> <br /> —_1.—~»~—+ ___<br /> <br /> SIR EDWIN ARNOLD.<br /> <br /> —_— 1<br /> <br /> N Sir Edwin Arnold, whose death took place<br /> I in South Kensington on March 24th, English<br /> literature has lost an ardent worker, and a<br /> host of friends a personality whose charm was<br /> appreciated best by those who had the privilege of<br /> the most intimate acquaintance with it. Born in<br /> June, 1832, the distinguished writer had thus nearly<br /> completed his seventy-second year at the time of<br /> hisdeath. Educated at King’s School, Rochester,<br /> and King’s College, London, he won a scholarship<br /> at Oxford, and it was there his taste for letiers<br /> showed itself, almost his first essay in poetry, the<br /> “Fall of Balshazzar,” winning the Newdigate<br /> prize for English verse. His love for Oxford and<br /> University College is indicated by the fact that<br /> vnly two months ago, at the other extreme of a<br /> strenuous life spent in the continuation of studies<br /> to which Oxford gave him the first incentive, he<br /> asked that his ashes, after cremation, might go<br /> back and rest in her classic precincts.<br /> <br /> After leaving College with a Master of Arts<br /> degree, he was attached for a time to King<br /> Edward’s school, Birmingham, and from thence,<br /> with his wife and one young child, went out to<br /> India as Principal of the Government Deccan<br /> College at Poona. If Oxford had filled him with<br /> the learning of Greece and Rome the East opened<br /> his mind to the knowledge of still earlier civiliza-<br /> tions. He took an instant and heart-whole delight<br /> in a people whose ancient philosophies and beliefs<br /> it is one of his best memorials to have done more<br /> than any other Englishman to make intelligible to<br /> his countrymen at home. “The Light of Asia,”<br /> though not written till long afterwards, was the<br /> outcome of actual contact with those to whom the<br /> great epic is a living reality. It is undoubtedly<br /> Sir Edwin Arnold’s chief work as a poet, yet it was<br /> written not in the calm seclusion that would have<br /> seemed essential to such a labour, but during the<br /> stress of busy London life, and amongst scenes the<br /> very antipode of those with which it deals.<br /> <br /> After five years in India Sir Edwin returned to<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> England, and subsequently joined the staff of the<br /> Daily Telegraph, working unceasingly for that<br /> paper practically up to the day of his death, and<br /> “ contributing to its columns an incalculable volume<br /> of material, historical, descriptive, or imaginative,<br /> and worthy to rank with the very best journalistic<br /> work of its generation.”<br /> <br /> A great traveller in all parts of the world, to him<br /> to travel and write were inseparably connected.<br /> Few of his books in this branch of literature have<br /> been so popular as those upon Japan. He made<br /> that charming land his own, and foresaw her place<br /> amongst the nations long before alliances or<br /> successful wars had awarded it to her. His third<br /> wife was a Japanese lady, to whom it fell to<br /> lighten the burden of his last days, a task accom-<br /> plished with unswerving tenderness. In the course<br /> of such a life, in the centre of politics and society,<br /> it was inevitable Sir Edwin should make innumer-<br /> able friendships, and the volume of his Memoirs<br /> which is to appear shortly will be not the least<br /> interesting of the many such books which have<br /> appeared of late. At one time a keen sportsman,<br /> and always a lover of nature and the country, Sir<br /> Edwin, moved by the kindly precepts of the<br /> religions he had studied, latterly put by rod and<br /> gun and devoted himself to yachting, for which he<br /> had a great fondness. None but those who knew<br /> him intimately could value fully the gentleness of<br /> his nature, the brightness of his outlook on life and<br /> the future, or the immense stores of knowledge to<br /> which even his books give but hasty and inadequate<br /> expression. To such his loss is indeed irreparable.<br /> <br /> The position that Sir Edwin Arnold held among<br /> the writers of the day and the value and beauty of<br /> his work has been dealt with so fully in the papers<br /> that it would be superfluous to say anything more<br /> in this short article. It must be added that he<br /> was a member of the Society and Council since its<br /> foundation.<br /> <br /> It is sad at so short an interval to have to<br /> chronicle the death of another of the earliest<br /> members of the Society.<br /> <br /> ——__+—&lt;_+____—__<br /> <br /> SIR HENRY THOMPSON, BART.,<br /> M.B.LOND., F.R.C.S.ENG.<br /> <br /> ——_— +<br /> <br /> IR HENRY THOMPSON, whose death took<br /> place on April 18th, after a few days’ illness,<br /> <br /> wag one of the earliest members of the Society of<br /> Authors. He joined almost on the foundation of<br /> the Society, and showed genuine sympathy with<br /> our efforts at a time when the scheme of our asso-<br /> ciation was barely formulated, and when the support<br /> of a man so well-known in artistic, literary, social<br /> and scientific circles was especially valuable to us.<br /> <br /> 217<br /> <br /> Sir Henry Thompson was born in Framlingham,<br /> a small Suffolk town, where his father was long in<br /> business. He was educated at a local Grammar<br /> School, and elected rather late in life to be a<br /> medical man, for he was twenty-eight years of age<br /> when he entered University College, London, as a<br /> medical student, and in the “forties” it was cus-<br /> tomary for the medical man to commence his<br /> curriculum at the age of sixteen or seventeen.<br /> His University career was one of unmitigated<br /> success. He took prizes and scholarships in most<br /> subjects, graduated with honours at the earliest<br /> opportunity, and immediately received a junior<br /> appointment at University College Hospital. Suc-<br /> ceeding within four years of obtaining his first<br /> surgical diploma to a place on the staff of the<br /> hospital, he was marked out for a career of excep-<br /> tional brilliance, and he fulfilled his promise. He<br /> was an admirable artist, heredity probably playing<br /> a part here, for his mother was the daughter of<br /> Samuel Medley, the portrait painter; he was also<br /> the possessor of a clear literary style, and had a<br /> logical way of arranging his knowledge. It is not<br /> surprising, therefore, that his medical writings<br /> were an immediate success, and as his hospital<br /> work gave him full opportunities for perfecting his<br /> practice in the special departments of surgery to<br /> which his theories mainly related, he soon became<br /> one of the best known surgeons in the world. He<br /> operated upon the late King of the Belgians and<br /> the late Emperor of France, and for at least a quarter<br /> of a century his name was a synonym for the per-<br /> fection of skill and resource in his particular branch<br /> of operative surgery.<br /> <br /> Sir Henry Thompson joined our body, however,<br /> as an author of fiction, for, as is now well-known,<br /> he was the writer, under the pseudonym of Pen<br /> Oliver, of two novels, “ Charlie Kingston’s Aunt,”<br /> and “ All But.” The first of these books achieved<br /> considerable success, which it deserved, for it<br /> contained an excellent situation, while it furnished<br /> an accurate and interesting picture of the manners<br /> of the London medical student in what may be<br /> termed the mid-Victorian epoch. But as a painter<br /> he was much more in his own groove than he was<br /> asa novelist. His pictures, which for some years<br /> were hung regularly in the Academy and some-<br /> times in the Salon, were the result of careful<br /> observation and skilled training; there is no<br /> doubt that if his professional calling had failed<br /> him his skill as an artist would have brought him<br /> into prominence. As a host Sir Henry Thompson<br /> was famous for his dinners of eight courses for<br /> eight persons at eight o’clock, known as “ octaves.”<br /> He was a skilled gastronomist, and until recently<br /> knew every one in the literary, artistic, and<br /> <br /> scientific worlds, and he gave as much thought to<br /> the selection of the company at his table as to the<br /> <br /> <br /> 218<br /> <br /> preparation of the food. He aimed at making his<br /> ‘“‘ octaves” as much a mental as a gustatory treat,<br /> and invariably he hit his mark. :<br /> <br /> Sir Henry Thompson was President of the<br /> Cremation Society, a keen opponent of municipal<br /> abuses, and an ardent automobilist, and his pen<br /> was constantly active in the columns of The Times<br /> or The Lancet, now praising modern locomotion,<br /> now denouncing the crude methods of earth to<br /> earth burial, and now calling attention to the<br /> shortcomings of our sanitary authorities. Old age,<br /> which came slowly upon him, was accompanied by<br /> no abatement of ardour in his many pursuits;<br /> rather, by bringing him leisure from his surgical<br /> work, it left him more free to expend energy in<br /> other and multifarious directions.<br /> <br /> The Society of Authors has lost a useful friend<br /> in this brilliant and many-sided man.<br /> <br /> —— ee<br /> <br /> THE TRUE SPIRIT OF DON QUIXOTE OF<br /> MANCHA.<br /> <br /> <br /> <br /> T is reserved for only the very greatest<br /> | makers of fiction to create a character the<br /> interest of whose individuality shall equal or<br /> exceed the author’s. Dickens has done this; so<br /> has Thackeray ; and, in a more conspicuous degree,<br /> Cervantes. I do not know how Thackeray died ;<br /> but I remember, one by one, the last moments of<br /> Colonel Newcome. Most of us could write offhand<br /> a biography of Don Quixote; but it takes a<br /> specialist, with years of wearying research behind<br /> him, to produce a biography of Cervantes. And<br /> has not Argamasilla de Alba a wider fame as the<br /> birthplace of the Sorrowful Knight than Alcala<br /> de Henares as the birthplace of the Sorrowful<br /> Novelist.<br /> <br /> Many will think it late in the day to analyse<br /> Don Quixote’s character with any critical or cor-<br /> rective purpose. Nevertheless, it has been said<br /> and echoed by the vulgar of all time that<br /> Cervantes’ object in producing the Quijote<br /> was to sweep away a certain class of literature.<br /> Once more I protest against this fallacy. There is<br /> no moral aim in Cervantes’ chapters, any more than<br /> there is a moral aim in Shakespeare’s plays. No<br /> work “with a purpose” could soar so high or<br /> live so long. The aim is flawless portraiture,<br /> the only base of all immortal art. Homer,<br /> Velazquez, Dante, Cervantes, Shakespeare—serene,<br /> dispassionate, punctilious portraiture denotes them<br /> every one. The more the artist haggles over this<br /> or that opinion, the more he subdivides his interest.<br /> He pleads a selfish cause—his own. Notso if he<br /> <br /> THE AUTHOR.<br /> <br /> presents a portrait. Something of ourselves will<br /> <br /> certainly be here, broad enough and bold enough<br /> Therefore it is not his own _<br /> <br /> for all to recognise.<br /> selfishness that the author should indulge, but that<br /> <br /> of his audience, offering them a fragment, more or __<br /> <br /> less considerable, of their personal image. And we<br /> <br /> are so inexorable in this selfish expectation that it<br /> gives us greater pleasure to see our own vices<br /> <br /> delineated, than the virtues of another.<br /> <br /> The motive for the introduction of the books of<br /> chivalry was technical, not moral.<br /> Don Quixote’s exploits is the treeless, thinly-popu-<br /> lated region of La Mancha, possessing at the most.<br /> a wild Titanic beauty derived from emptiness and<br /> space, but never from diversity. It is nota region<br /> fitted for adventure. Similarly the Manchegans<br /> are not—are not reported tc have been—a com-<br /> munity of adventure-seekers. To frame a narrative<br /> out of these chilling factors demands some stimulus<br /> extraordinary, beyond the people and the place.<br /> This stimulus was provided by the books of<br /> chivalry, a means of making incident, where inci-<br /> dent, under normal circumstances, was sheerly<br /> inconceivable. Don Quixote must plunge into<br /> adventure ; yet if he lead a regular Manchegan<br /> life no possible adventure can encounter him. In<br /> a little world whose motto is tranquillity, only the<br /> criminal or the madman can tweak society’s nose<br /> and make a veritable stir. The criminal in this<br /> case was inadmissible. Therefore Don Quixote<br /> must be mad ; just mad enough to turn the hum-<br /> drum upside down, but never incoherent to the<br /> point ot idiocy. He must, in fact, be cursed (or<br /> blessed) with just a half or quarter madness, such<br /> as most of us are credited with, His mania, too,<br /> had better be grandiose and kindly. And so with<br /> aquiline perception Cervantes pounced upon a<br /> fashionable and attractive madness, a Spanish<br /> megalom: nia, the craze for knight-errantry. Here<br /> were pa‘. .os, humour, energy, in abundant store,<br /> together vith vital interest in the portraiture for<br /> manya paniard and non-Spaniard to behold their<br /> own ru.zction. Such, I am positive, was the<br /> genesis of Don Quixote’s “ eccentricity.”<br /> <br /> Apart from detail of this nature it is no slur<br /> upon the Spaniards to say that Don Quixote is a<br /> permanent likeness of their inmost shape and<br /> quality. The church and the sword, or perhaps I<br /> had better say the monastery and the sword, have<br /> created between them the whole of Spanish history.<br /> What is Don Quixote but a joint embodiment of<br /> the ascetic and the warrior? He wages war; he<br /> worships women ; but his warfare, like his gallantry,<br /> is that of a Sir Galahad :—<br /> <br /> ““ My good blade carves the casques of men,<br /> My tough lance thrusteth sure,<br /> My strength is as the strength of ten,<br /> Because my heart is pure.<br /> <br /> The theatre of 7<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR. 219<br /> <br /> « How sweet are looks that ladies bend<br /> On whom their favours fall !<br /> For them I battle till the end,<br /> To save from shame and thrall.”<br /> <br /> All women in Don Quixote’s eyes are equally<br /> beautiful, equally supramundane. All of us<br /> at some time have attempted to believe the same.<br /> Here, then, are lines of universal portraiture ; and<br /> as we titter at Don Quixote’s madness, we stumble<br /> with asudden cry upon our own.<br /> <br /> Returning to the eminently Spanish features of<br /> our hero. Don Quixote, regarded as typical of<br /> Spain, displays to us a nation whose magnanimity<br /> is equalled by her roughness. The singular im-<br /> pulse marking the crusader and the knight-errant,<br /> particular apostles of those only objects of peren-<br /> nial worship, God and woman—has lasted longer<br /> in Castile than anywhere, developing, throughout<br /> that region and between the eighth and eighteenth<br /> centuries, into an over-ripeness highly detrimental<br /> to the commonwealth. Even now this spirit in<br /> Spain is not extinct. Manuel Bueno asserts with<br /> perfect truth that his countrymen are at once<br /> generous and inhuman. The paradox, borne out<br /> by Fouillée and other authorities, applies with<br /> obvious fitness to Don Quixote. I would suggest,<br /> however, that the Spaniard’s generosity is older<br /> and less eradicable than his inhumanity ; witness,<br /> once more, Don Quixote. The baser quality is the<br /> fruit of centuries of fighting. The nobler is<br /> apparently indigenous.<br /> <br /> Then, as the complement of Don Quixote the<br /> Spaniard, we have Don Quixote the brother of us<br /> all, or even (dropping modesty and clinging to our<br /> comfortable classic*) our very self. His character<br /> is therefore regional and extraterritorial. Compare<br /> him in this aspect with Hamlet, miscalled the<br /> Dane. Both fragile Hamlet and the fragile<br /> champion of La Mancha are exquisitely human,<br /> but only Don Quixote is exquisitely national<br /> besides. Hamlet is one of us; Don Quixote one<br /> of us, and also one of our friends the Spaniards.<br /> To this extent Don Quixote’s is the fuller portrait.<br /> He has been described as “the emblem of faith.”<br /> Tf this be so, Hamlet is just as much “ the emblem<br /> of doubt”; and faith and doubt between them<br /> keep the world a-spin. But faith and doubt in<br /> these two instances are carried to an ecstasy, and<br /> want of mental balance is the outcome. We must<br /> not doubt, we must not hope—except with modera-<br /> tion. Is it not insignificant that of these two<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> * “Whilst [| study to find how I am a Microcosm, or<br /> little World, I find myself something more than the great.<br /> There is surely a piece of Divinity in us, something that<br /> was before the Elements, and owes no homage unto the<br /> Sun. Nature tells me I am the Image of God, as well as<br /> Scripture: he that understands not thus much, hath not<br /> his introduction or first lesson, and is yet to begin the<br /> Alphabet of man.”—Religio Medici.<br /> <br /> characters, Hamlet and Don Quixote, who stand<br /> together upon the very pinnacle of fiction, one<br /> should be mad and the other mad enough to be<br /> suspected of madness? This sometimes prompts<br /> me to suppose that only the insane is worth<br /> recording in the chronicles of human thought.<br /> “What is beyond?” is the question which Don<br /> Quixote always asks. The same question is always<br /> on the lips and in the heart of Hamlet. But<br /> where Don Quixote asks with confidence, the other<br /> asks with dread. Otherwise, what have they not<br /> in common? “A virgin heart in work and will”<br /> belongs to both. Hamlet’s words are very<br /> frequently as “ wild and whirling ” as Don Quixote’s<br /> deeds ; but the ambitions and aspirations of either<br /> are equally sound and equally charitable.<br /> <br /> How often, as I roamed across La Mancha, did<br /> I believe myself to contemplate Don Quixote in<br /> the flesh and in the soul. How noble was his<br /> forehead, how fearless and benign his glance, his<br /> upward gaze how earnest and inspired, how lucid<br /> and majestic his address. Each of these aspects<br /> and emotions came upon me with a jewel crisp-<br /> ness :—<br /> <br /> Parea ciascuna rubinetto, in cui<br /> Raggio di sole ardesse si acceso,<br /> Che ne’ miei occhi rifrangesse lui.<br /> <br /> As to the scenes Don Quixote has immor-<br /> talized—somnolent Argamasilla, the mournfal<br /> Cave of Montesinos, the sedgy meres, with their<br /> Arthurian sadness, of Ruidera—these seem to stand<br /> before me even now, detached with meteor clear-<br /> ness from the firmament of memory, and crystal-<br /> lized by time and truth into unclouding splendour.<br /> <br /> LronarpD WILLIAMS.<br /> -——&lt;—_<br /> <br /> DON QUIXOTE.*<br /> ao<br /> EHIND thy pasteboard, on thy battered hack,<br /> Thy lean cheek striped with plaster to and<br /> fro,<br /> Thy long spear levelled at the unseen foe,<br /> ‘And doubtful Sancho trudging at thy back,<br /> Thou wert a figure strange enough, good lack !<br /> To make Wiseacredom, both high and low,<br /> Rub purblind eyes, and—having watched thee go—<br /> Dispatch its Dogberrys upon thy track :<br /> Alas ! poor Knight ! alas ! poor soul possest !<br /> Yet would to-day when Courtesy grows chill,<br /> And life’s fine loyalties are turned to jest,<br /> Some fire of thine might burn within us still !<br /> Ah, would but one might lay his lance in rest,<br /> And charge in earnest . . . were it but a mill!<br /> Austin Dosson.<br /> <br /> <br /> <br /> * Printed from the last Edition, 1902, of Mr. Austin<br /> Dobson&#039;s collected poems, with his kind permission.— Ep,<br /> 220<br /> THE ANNUAL DINNER.<br /> <br /> —1—&lt;—+—_<br /> <br /> (PNHE Annual Dinner of the Incorporated<br /> Society of Authors, was held on April 20th,<br /> at’ the Hotel Cecil, the Chairman of the<br /> <br /> Committee of Management, Mr. Douglas Freshfield,<br /> <br /> occupying the chair. Nearly 150 members and<br /> <br /> guests were present, the latter including Lord<br /> <br /> Alverstone, Lord Chief Justice of England, and<br /> <br /> Sir W. B. Richmond, R.A., who occupied seats to<br /> <br /> the right and left of the Chairman, the Right Rev.<br /> <br /> the Lord Bishop of Bristol, Admiral Edward<br /> <br /> Field, C.B., Sir Harry Johnston, Major Darwin,<br /> <br /> Mr. Appleton, the well-known New York pub-<br /> <br /> lisher, Mr. W. Heinemann, and many others. At<br /> <br /> the conclusion of dinner, for which grace was<br /> said by the Bishop of Bristol, the usual loyal<br /> toasts were duly honoured, and the Chairman rose<br /> } to propose success to the Society, for which he<br /> suggested a more appropriate name might have<br /> been “The. Society for the Protection of Authors,”<br /> or even ‘“ The Society for the Prevention of Cruelty<br /> to Authors,” since it was concerned with the legal<br /> and business rather than with the literary aspects<br /> of authorship. They were equally ready to protect<br /> the rights of a writer on golf or of an immortal<br /> poet. Their Committee discussed not matters’ of<br /> style and taste, but of accounts and agreements.<br /> Business had been said to be the bane of author-<br /> ship. But this was an antiquated and obsolete<br /> view. The days of Grub Street were long past,<br /> and no one now seriously held that it was incon-<br /> sistent with the dignity of authorship to write for<br /> money. With regard to the relations of author<br /> and publisher, the public was apt to pay too much<br /> regard to the pecuniary risk run by the publisher,<br /> | and to disregard the value of the capital introduced<br /> | by the writer, consisting of that which the average<br /> | common-sense man did not so much esteem, and<br /> i perhaps did not keep a stock of—brains. / Mr.<br /> Freshfield went on to refer to the decision in<br /> » Aflalo vy. Lawrence and Bullen in the House of<br /> _ Lords. The satisfactory point about this decision<br /> was that, although it had entailed heavy expenses<br /> to the Society, it had finally determined a doubtful<br /> and very important question in copyright law. In<br /> arriving at this result it was a satisfaction to the<br /> Committee to feel that they had been acting in<br /> co-operation with the Publishers’ Association,<br /> which, recognising the importance of the point<br /> involved, had, it was announced, contributed to<br /> the costs of the defendants. While he in no way<br /> presumed to question the decision arrived at, Mr.<br /> <br /> Freshfield thought that as to one matter of fact<br /> <br /> the Law Lords had gone astray. It was surely<br /> <br /> unfair to argue that the mere fact that a contri-<br /> <br /> butor to a magazine or encyclopedia received a<br /> <br /> THE AUTHOR:<br /> <br /> snbstantial sum for his article was evidence that<br /> he intended to part with all his rights in it. The<br /> amount of the return the publisher might reason.<br /> ably expect, or had actually obtained, from the<br /> original periodical publication, as well as the<br /> amount paid down by him, was an_ essential<br /> element in the consideration of the bargain. Re-<br /> ferring to the present multiplication of middlemen<br /> in literature, Mr. Freshfield suggested that the<br /> main work to be done by the Author’s Society was<br /> to make the best of the present system of book<br /> production. He looked back with regret to the<br /> eighteenth century. In those days, under the old<br /> system of subscriptions, the author went round to<br /> his friends. He collected their money, and he had<br /> not to wait twelve months to get it. Publishers<br /> and booksellers had not then been differentiated,<br /> and he simply went to the publisher and had his<br /> book printed and distributed. Nowadays there<br /> was the printer, the illustrator, the bookbinder,<br /> and after they had passed by them they had to<br /> reckon with the literary agent, the publisher, and<br /> the bookseller. All of them must make their<br /> profit, and he did not say they made an exorbitant<br /> profit. Fortunes were not made by publishers at<br /> all to be compared with the great fortunes that<br /> were made in other businesses. ‘The Dictionary<br /> of National Biography ” was published not with<br /> the profits of publishing, but, as Mr. Murray Smith<br /> often used to avow, with the profits of Apollinaris.<br /> Mr. Freshfield next made allusion to a recent<br /> article on the subject of Literary Agents in The<br /> Author, and expressed a wish to see a reply to it<br /> which should indicate the proper sphere of such<br /> agency, which he understood had been found<br /> serviceable by many distinguished authors, though<br /> it was no doubt open to abuse. He also touched<br /> upon the correspondence concerning the “ ghost”<br /> in literary work, pointing out that the system of<br /> making use of a “ ghost ” for latin verses was one<br /> of very old standing in public schools, where the<br /> employer, when discovered, was likely to receive at<br /> the hands of the headmaster a summary lesson in<br /> {literary morals. /In conclusion, Mr. Freshfield paid<br /> / a tribute to the honourable dealings of the better<br /> i class of publishers, and reverting to his comparison<br /> between the Society and that for the protection of<br /> children, suggested that while many authors are<br /> in their business dealings very like children, pub-<br /> lishers might be considered like parents, as defined<br /> by a member of the rising generation, as ‘‘ good on<br /> the whole, but the better for being looked after.”<br /> The toast of the Society was replied to by Mr.<br /> Sidney Lee, who alluded early in his speech to the<br /> confidence of all members in the Committee and in<br /> the Secretary, as carrying on the traditions of the<br /> founder of the Society, Sir Walter Besant. He<br /> also referred with satisfaction to the decision in<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> the Aflalo case as settling a doubtful legal point.<br /> In touching upon the relations between author and<br /> publisher, Mr. Lee spoke of the Committee as<br /> exercising judicial functions, and pointed out that<br /> publishers were not the ogres that the fancies of<br /> some authors painted them, whereas there existed<br /> arrogant humbugs among authors. The author&#039;s<br /> grievance, he observed, might really be against the<br /> reading public, but that it was for the interest of<br /> both author and publisher to encourage the main-<br /> tenance of a high standard of literary work.<br /> <br /> Sir Arthur Conan Doyle proposed the health of<br /> the guests in a vigorous speech, declaring that as<br /> a man was known by his friends so a society was<br /> known by its guests. The Author’s Society had as<br /> its guests the Lord Chief Justice of England and<br /> Sir William Richmond, the former of whom was a<br /> lawyer, an author, and a sportsman, whose fair<br /> play and ruthless honesty recently displayed in<br /> connection with the Alaska arbitration, would<br /> make-the name of Lord Alverstone descend as a<br /> peer of those great men who made his office famous.<br /> With regard to Sir William Richmond, Sir Arthur<br /> Conan Doyle pointed out that he had turned his<br /> back upon a life of ease and material gain in order<br /> to serve the community upon the London County<br /> Council, a body of which it might be said that<br /> none on earth needed the presence of an artist<br /> more, if London was to cease being a city of mean<br /> streets and lost opportunities, and to become the<br /> greatest city that the world had ever seen. In<br /> conclusion, Sir Arthur Conan Doyle observed that<br /> a schoolboy had defined ‘“‘elocution” as “an<br /> American method of putting criminals to death,”<br /> and suggested this as a reason for not prolonging<br /> hisspeech. With the names of guests mentioned he<br /> associated those of the Bishop of Bristol, Admiral<br /> Field, Sir Harry Johnston, and Major Darwin.<br /> <br /> Before Lord Alverstone rose to reply for the<br /> guests, the Chairman read a friendly message which<br /> he had justreceived from the Institute of Printers and<br /> Kindred Trades, who were dining in another room,<br /> and he informed the society that he had returned<br /> suitable good wishes and congratulations in reply.<br /> <br /> The Lord Chief Justice, after thanking Sir<br /> Arthur Conan Doyle for the complimentary terms<br /> in which reference had been made to his own<br /> judicial and other public services, expressed his<br /> admiration of and gratification at the manner with<br /> which the Authors’ Society regarded its litigation,<br /> and particularly the late adverse decision in the<br /> House of Lords. He expressed himself wishful<br /> that all litigants might accept their defeats in the<br /> law courts in the same calm spirit. One of his<br /> predecessors, Lord Coleridge, had said that it was<br /> the duty of a judge to dismiss all suitors from his<br /> court wquos placatosque, and he should himself look<br /> forward in the future to seeing both sides satisfied<br /> <br /> 221<br /> <br /> because a point of law had been settled and<br /> established. His Lordship expressed his pleasure<br /> and interest in social intercourse with authors,<br /> dwelling upon the distinction between the lawyer&#039;s<br /> task in dealing with facts, having but little<br /> scope even in advocacy for the play of his fancy,<br /> and the work of the author, who could give his<br /> imagination free play.<br /> <br /> Sir W. B. Richmond, K.C.B., R.A., observed<br /> that he had trained himself for the position of<br /> Alderman which he had accepted upon the London<br /> Council, by serving first upon the Council in his<br /> borough, and spoke of the work that he had done<br /> in combating Philistinism. Referring to the<br /> decoration of St. Paul’s, he declared that if crimes<br /> in that connection were charged against him the<br /> Bishop of Bristol, who sat near him, had been a<br /> culprit with him. With regard to the cry of<br /> “ Art for Art’s Sake,” Sir William avowed him-<br /> self unable to understand its meaning, but he<br /> deprecated any doctrine that one art should divorce<br /> another. Alluding to any demand that might be<br /> made that artists should paint “on lines of highest<br /> technique,” Sir William Richmond likened the<br /> stress laid upon technique, in art criticism, to<br /> judging the author of a book by his handwriting.<br /> He dwelt on the inspiration derived by artists<br /> from the Bible, from the works of Homer,<br /> Sophocles, Virgil, Shakespeare, Milton, and other<br /> classic writers. He also alluded in complimentary<br /> terms to the subjects for his skill which the artist<br /> might find in the works of Sir Arthur Conan Doyle.<br /> “ Great authors,” he said, “ stimulate painters with<br /> ideas.”<br /> <br /> In proposing the health of the Chairman, the<br /> Bishop of Bristol protested against Mr. Freshfield<br /> posing as merely a business man. He was, his<br /> lordship said, a distinguished author who, like Sir<br /> Leslie Stephen, began writing through his desire<br /> to describe the Alps. His volumes upon the<br /> Caucasus were among the “ heaviest” books in his<br /> (the Bishop of Bristol’s) library, but there was not<br /> a dull page among them, and he had recently added<br /> to them an excellent description of the Himalaya.<br /> <br /> Mr. Freshfield, in reply, regretted that the Pre-<br /> sident of the Society, Mr. George Meredith, should<br /> be prevented by ill health from taking the chair,<br /> and expressed his thanks to the company for the<br /> kindness they had shown to him as a substitute.<br /> In excusing himseif from prolonging the evening<br /> by anything but a brief speech, he mentioned that<br /> at a previous dinner of the Society he had over-<br /> heard one lady author say to another on her way<br /> from the dining hall, “ My dear, [am nearly dead,”<br /> to which the other had answered, “I am quite.”<br /> Mr. Freshfield had no desire to diminish the number<br /> of the Society’s Members in the manner indicated,<br /> and he accordingly invited those present to adjourn<br /> <br /> <br /> 222<br /> <br /> to the next room, where the usual conversazione<br /> was held, and where the rest of a highly successful<br /> evening was spent.<br /> <br /> The following members and guests were present :<br /> Madame Albanesi, W. W. Appleton, E. A. Arm-<br /> strong, Miss Agnes Armstrong, A. W. a’Beckett,<br /> The Rev. F. W. Bamford, Robert Bateman, Mrs.<br /> Beville, Miss Helen Boddington, Miss Philippa<br /> Bridges, Clifford Borrer, Oscar Browning, Mrs.<br /> Mona Caird, F. Carrel, Miss Challice, A. R.<br /> Colquhoun, Mrs. Colquhoun, Sir William Charley,<br /> Mrs. E. M. Davy, Miss Jean Delaire, Miss Sarah<br /> Doudney, C. F. Dowsett, Sir Arthur Conan Doyle,<br /> Miss O’Connor Eccles, Mrs. Edison (“ George<br /> Frost’), T. Mullett Ellis, W. B. Home Gall,<br /> »R. Garnett, C.B., Mrs. Aylmer Gowing, Horace G.<br /> Groser, Lady Glover, A. P. Graves, Francis<br /> Gribble, Mrs. Gribble, Major Arthur Haggard,<br /> Major-General Sir Reginald Hart, K.C.B., A.<br /> Hope Hawkins, Miss Henslowe, Miss Con-<br /> stance Hill, Mrs. Katherine Tynan Hinkson, Mrs.<br /> Willoughby Hodgson, H. Martin Holman, Miss<br /> M. C. Home, Mrs. Humphreys (“ Rita’’), The Rev.<br /> Henry N. Hutchinson, Miss Ionides, Scarboro<br /> Johnson, Mrs. Jordan, C. A. Kelly, G. T. Knight,<br /> Mrs. Knight, Sidney Lee, Robert J. Lees, Mrs.<br /> Low, Mrs. Belloc Lowndes, ‘‘ Maarten Maartens,”<br /> Miss M. M. Macpherson, Miss Constance Maud,<br /> Athol Maudsley, Mrs. Maudsley, E. K. Muspratt,<br /> E. P. Oppenheim, Louis N. Parker, 8. F. Pells,<br /> Mrs. Perrin, Major Douglas Phillott, C. Harvard<br /> Pierson, Lionel Portman, Jaakoff Prelooker, G. W.<br /> Prothero, Miss Lucy Redpath, Sir W. B. Richmond,<br /> K.C.B., Mrs. Reeves (‘Helen Mathers”), Emil<br /> Reich, A. Rogers, Miss Rossi, “ Leicester Romayne,”<br /> William Royle, C. M. Russell, Miss May Sinclair,<br /> Prof. W. W. Skeat, LL.D., Mrs. Michael Smith,<br /> Mrs. Isabel Smith, Miss Hannah Stanton, A. A.<br /> Strong, F. Stroud, Miss Stroud, Arthur J. Thomas,<br /> G. Herbert Thring, Mrs. Thring, Herbert Trench,<br /> Mrs. Alec Tweedie, Miss E. Underdown, H. Faure<br /> Walker, Mrs. Faure Walker, Percy White, “ Dolf<br /> Wyllarde,” R. Whiteing, and W. Wellington<br /> <br /> Young.<br /> 9<br /> <br /> “WHAT’S IN A NAME?”<br /> <br /> 1<br /> <br /> HERE is no copyright in the name of a book<br /> or play. It does not form part of the thing<br /> copyrighted, which is the “composition,”<br /> <br /> a.¢., the play or the book.<br /> <br /> In the year 1881 the Judges of the Court of<br /> Appeal held that no one could seize upon a few<br /> words of the English language and create a<br /> monopoly in them by saying that thenceforth<br /> nobody else could apply them publicly as the name<br /> or description or label of another composition.<br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> Such few words are not capable of giving rise to<br /> any proprietary rights such as copyright involves,<br /> <br /> But, and it is obviously a large But, the ordinary<br /> common law doctrine of fraud or misrepresentation<br /> applies, that is to say, according to the technical<br /> phrase of the common law an action of “ deceit”<br /> will lie, wherever one man tries to pass off his goods<br /> as if they were another’s. For example, if a book<br /> or a play by A.has acquired a market value (or draws<br /> the public) and is known to the public by a certain<br /> name, X., then B. cannot use the name X. in such<br /> a way as to induce the public to come and buy or<br /> see his own, a different, book or play, under the<br /> belief that it is the well-known X.<br /> <br /> You will observe that it is an essential fact in —<br /> such a case that the particular book or play by A.,<br /> named X., has acquired already a trade reputation<br /> with the public. who identify it by the name X.<br /> The result is that when two or more books or<br /> plays are brought out at the same, or practically<br /> about the same time, under the same title, none of<br /> them can stop the others from using that title ;<br /> for in the early stages there can be no public repu-<br /> tation grown round any of them. That was the<br /> case which came before the Court of Appeal, where<br /> two serial tales appeared both in the same year,<br /> entitled ‘‘Splendid Misery,” one being by Miss<br /> Braddon.<br /> <br /> With a play, no doubt, if it were a success,<br /> the public reputation would grow round it, and<br /> become attached (as part of its “ goodwill’) very<br /> rapidly. But if a play be a failure, I take it that<br /> anybody can always produce another under the<br /> same name, for the whole doctrine of “ deceit ” or<br /> “* passing off” could not apply in such a case.<br /> <br /> When a play from its age or from its inferiority<br /> has no market reputation to draw the public it is<br /> obvious that no one who uses its name for another<br /> work is trying thereby to trade upon the reputation<br /> of the prior play.<br /> <br /> If two plays appeared about the same time at<br /> West End London theatres by authors of. equal<br /> fame or equally unknown, under the same title—<br /> although it might be an inconvenient thing, no<br /> action would lie—in the absence, that is to say, of<br /> any other evidence of “ deceit ” or of desire on the<br /> part of the less successful venture to create confu-<br /> sion in the public mind between the two plays.<br /> <br /> When the older play had a well-established<br /> market reputation attaching to it—which might<br /> accrue very rapidly—it would clearly be a risky<br /> business to bring out a new play under the same<br /> title, for the public would be sure to confuse the two,<br /> and the author of number 2 could hardly prove<br /> the innocence of his intentions in using that title.<br /> <br /> Between new plays a very slight difference in<br /> title would clearly prevent confusion.<br /> <br /> W. S. SHERRINGTON.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> CORRESPONDENCE.<br /> <br /> —_1——+<br /> Tas New DEPARTURE IN EpITING.<br /> <br /> Drar?Str,—Will you allow me a few lines to<br /> reply to M.P.’s letter in the April Author on “ The<br /> New Departure in Editing ?”<br /> <br /> In the first place neither of the phrases which<br /> he quotes—* Feeble in plot” and “ Weak in style”<br /> —appears in the printed form which we send with<br /> returned manuscripts : and in the second place,<br /> our editorial comment 7s welcomed, as our corre-<br /> spondence testifies, by many hundreds of writers<br /> who have submitted stories for our consideration.<br /> <br /> It is difficult to understand M.P.’s attitude ;<br /> have editors been unkind to him ; is he an unsuc-<br /> cessful aspirant to literary fame ? I do not know.<br /> But I feel sure of one thing. No “self respecting<br /> writers ” (to use his own phrase) would wish to<br /> associate themselves with his views.<br /> <br /> A person who describes as impertinent a sugges-<br /> tion which, whatever its merits, was conceived in<br /> the interests of writers and is undoubtedly appreci-<br /> <br /> ated by them : who deliberately misquotes, or who ©<br /> <br /> does not take the trouble to read the document<br /> which he is criticising: and who speaks dis-<br /> paragingly of the stories published in magazines to<br /> which every author of repute is contributing, has<br /> certainly little claim for consideration at the hands<br /> of either author or editor.<br /> Yours faithfully,<br /> Tue Epitor,<br /> Pearson’s Magazine.<br /> <br /> —1— 1 —<br /> <br /> Wuat’s In A NAME?<br /> <br /> Sir,—The pages of The Author have already<br /> chronicled certain views upon the important<br /> subject of the ownership of book-titles. Those<br /> interested in the matter—and who of us is not ?<br /> —-should refer to the October and December, 1896,<br /> and May, 1898, numbers of this journal, wherein<br /> sundry defensive methods similar to those now pro-<br /> posed by Miss Mary Cholmondeley were put forward.<br /> <br /> “(Can anything be done?” this lady aptly<br /> enquires. The passage of years has increased<br /> rather than lessened the difficulties of a solution.<br /> I imagine, however, the idea of a registration<br /> bureau of some sort founded on the lines indicated<br /> still finds most favour ; with, presumably, a time<br /> limit for the shelter of any bantling which may be<br /> catalogued.<br /> <br /> It certainly does seem hard that all the labour<br /> expended upon selecting an appropriate attractive<br /> name for a work in process of construction may<br /> become liable to wreckage through an unfortunate<br /> conflict of choice. The experience of many writers<br /> must point to vexatious collisions of this nature ;<br /> <br /> 223<br /> <br /> in my own humble way I have been the victim of<br /> mishap. be ee<br /> <br /> It will be wise, therefore, to seek a safe remedy<br /> for one of the by no means minor trials which<br /> beset the paths of authorship. Union is strength.<br /> Combined effort should surely result in the dis-<br /> covery of some satisfactory scheme for the relief of<br /> a troubled community.<br /> <br /> Grcin CLARKE.<br /> <br /> —-—&gt;—+—<br /> <br /> Srr,—I have adopted the above title, not because<br /> I intend to answer the question which it embodies,<br /> but because 1 propose to deal with some of the<br /> contents of Mary Cholmondeley’s communication<br /> under that heading in the April issue of The<br /> Author.<br /> <br /> In that are raised, among others, the questions of<br /> how to ascertain whether a title is new ; whether<br /> it is possible to institute a register of the titles of<br /> books, to which all new ones should be added ; and<br /> whether it is possible for arrangements to be made<br /> for securing a title in advance of the publication<br /> of the work, on payment of a fee.<br /> <br /> All of these questions are intimately connected<br /> with those of Registration of Copyright and the<br /> management of our National Library ; and, in<br /> what follows, I confine myself to books and to the<br /> British Isles.<br /> <br /> The suggestion of securing a title in advance of<br /> publication was mentioned in 7’%e Author of June,<br /> 1894 (p. 6), as having been made by Mr. George<br /> Haven Putnam. It is one which could very easily<br /> be carried out if the chaos which, in this country,<br /> goes by the name of copyrighting were reduced to<br /> system.<br /> <br /> Such a proposed new title would, of course,<br /> need to be entered in a register, and that register<br /> would (likewise, of course) need to be kept at the<br /> office of registration. ‘The office at which pro-<br /> yisional copyright is thus to be secured would<br /> need, of course, to be the Copyright Registry, or<br /> Office; and, to enable the registrar to know<br /> whether any proposed title were new, he would<br /> need to be able to consult the register of titles<br /> already used.<br /> <br /> At present there is no such register ; there is<br /> only a list of those titles which have been regis-<br /> tered at Stationers’ Hall, and the British Museum<br /> catalogue. Now, Stationers’ Hall, where copy-<br /> rights are registered, is not a government institu-<br /> tion, but the head-quarters of the Company of<br /> Stationers, to whom the registering of copyright<br /> has been delegated, and it has no other means of<br /> ascertaining what title is new than from its own<br /> registers, which are not consulted unless the<br /> applicant makes special payment therefor. The<br /> British Museum catalogue is an author’s, and not a<br /> <br /> <br /> <br /> <br /> <br /> <br /> 224<br /> <br /> title-catalogue—except in the case of anonymous<br /> works—and search therein for a title is, therefore,<br /> extremely difficult.<br /> <br /> For the purposes of copyright in this country,<br /> registration of a work (which would, of course,<br /> include the title) is not necessary ; copyright comes<br /> into being from the mere fact of publication; neither<br /> is it necessary, to secure copyright, to deposit a<br /> copy of any work either at the Copyright Registry<br /> or at the National Library. Consequently, many<br /> works are not entered on the copyright register,<br /> although copies of them are to be found in the<br /> British Museum ; and, also, many works are not<br /> sent to the British Museum, because, although the<br /> delivery of a copy of all British-published books<br /> thereat is by law compulsory, there is such laxity<br /> in enforcing the law, that advantage is taken of it<br /> not to deliver them.<br /> <br /> There is, thus, no complete catalogue of British-<br /> published books.<br /> <br /> What is wanted to remedy this state of affairs<br /> is, first of all, that the Copyright Registry be made<br /> a branch of the National Library, and the registers<br /> of books in possession of the Company of Stationers<br /> be transferred to the British Museum. The<br /> second thing required is that the British Museum<br /> compile a titles-catalogue which, besides containing<br /> all the titles in the Stationers Company’s registers<br /> and in its own catalogue, should contain those of<br /> all books known to have been published in the<br /> British Isles, whether in the library or not. Those<br /> not in the library would be easy distinguishable<br /> from those present by the absence of a press-mark.<br /> <br /> The third thing required is that, to secure copy-<br /> right, registration of the work and the copyright-<br /> owner’s name, at the National Library, should be<br /> compulsory on the day of publication ; and that,<br /> at the time of registration, there should be delivered<br /> at the Copyright Registry (which would be the<br /> National Library) a copy of the work registered.<br /> No copyright should exist in any work published<br /> in this country unless those two conditions be<br /> fulfilled, and any one should be at liberty to<br /> reprint and sell such British-published works as<br /> had not been thus dealt with.<br /> <br /> A further condition, in the case of an anonymous<br /> work, should be the depositing, at the time of<br /> registration, a sealed envelope containing the<br /> writer’s name, which, unless permission be given<br /> previously, should be revealed at the expiration of,<br /> say, fifty years, or at the writer’s death.<br /> <br /> No charge should be made in the first instance<br /> for registration of the copyright, the book being<br /> regarded as its equivalent in value ; but charges<br /> might be made for a certified copy of any entry ;<br /> for the transference of a copyright ; and, where it<br /> is desired to register a title in advance, for an<br /> examination of the register.<br /> <br /> <br /> <br /> THER AUTHOR.<br /> <br /> By the above-suggested means the ownership of<br /> the copyrights of all British-published books would<br /> always be beyond dispute, and all British-published<br /> books and their titles would find their way auto-<br /> matically into the National Library and its<br /> catalogue.<br /> <br /> As the novelty or otherwise of a title would,<br /> thus, be instantly ascertainable, an outcome of this<br /> proposed plan could easily be the registration, in<br /> a separate register, of new titles, in advance of<br /> publication, for a period of, say, one year, on pay-<br /> ment of, say, one guinea; and the ability, to<br /> secure a title temporarily would be a great con-<br /> venience to many writers, besides being a source<br /> of revenue to the Copyright Registry.<br /> <br /> The completing, so far as possible, the list of<br /> British-published works, would, I believe, help<br /> largely to complete a national collection of them ;<br /> and to have, as nearly as possible, a complete<br /> collection of British-published books is, it seems to<br /> me, one of the chief functions of a British National<br /> Library.<br /> <br /> Huprert Hags.<br /> ——*——+—<br /> <br /> A PLEA FoR PEDANTRY.<br /> <br /> Sir,—I have been interested to see the mention<br /> of “that terrible compound whatever” in your<br /> correspondent’s letter under the above title. I<br /> am well aware that the word is under a ban. But<br /> I must confess that I have never understood the<br /> exact rationale of the ban. And I sometimes<br /> doubt whether those who are most inexorable in<br /> enforcing it themselves know exactly what it<br /> means. Does it mean that not whatever but what-<br /> soever is the correct form? Or does it mean,<br /> for this is what some of the expressions used seem<br /> to imply, that whatever is simply a vulgar equiva-<br /> lent of what? But whilst whatever and whatsoever<br /> are evidently interchangeable, it seems to me that<br /> there is the same distinction between what and<br /> whatever as between where and wherever, or between<br /> the Latin guod and quodcunque. And I think it<br /> would require some courage, or ignorance, to assert<br /> that quod and quodcunqgue have identical meanings.<br /> Of course to use whatever for what is a blunder ;<br /> but it is not an equal blunder to use what for<br /> whatever. When Rossetti (“House of Life,”<br /> Sonnet XLVII. 9) writes :—<br /> <br /> But now, whatever while the soul is fain<br /> To list that wonted murmur—<br /> <br /> it is evident that whatsoever might (if the verse<br /> would admit it) be substituted for whatever, but<br /> what would alter the meaning. 1 too “ am not an<br /> expert,” but I wish that one of your readers who is<br /> would kindly make the situation logically plain.<br /> <br /> ANOTHER MEMBER OF THE SOCIETY.https://historysoa.com/files/original/5/493/1904-05-01-The-Author-14-8.pdfpublications, The Author
494https://historysoa.com/items/show/494The Author, Vol. 14 Issue 09 (June 1904)<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=49&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=%3Cem%3EThe+Author%3C%2Fem%3E%2C+Vol.+14+Issue+09+%28June+1904%29"><em>The Author</em>, Vol. 14 Issue 09 (June 1904)</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>1904-06-01-The-Author-14-9225–252<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=89&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=14">14</a><a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=76&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=1904-06-01">1904-06-01</a>919040601Che HMuthor.<br /> <br /> (The Organ of the Incorporated Society of Authors. Monthly.)<br /> <br /> FOUNDED BY SIR WALTER BESANT.<br /> <br /> Vou. XIV.—No. 9.<br /> <br /> <br /> <br /> TsLEPHONE NUMBER :<br /> 374 VICTORIA.<br /> <br /> TELEGRAPHIC ADDRESS :<br /> AUTORIDAD, LONDON.<br /> <br /> —____—&gt;_+____—_-<br /> <br /> NOTICES.<br /> <br /> ——<br /> <br /> OR the opinions expressed in papers that are<br /> signed or initialled the authors alone are<br /> responsible. None of the papers or para-<br /> <br /> graphs must be taken as expressing the opinion<br /> of the Committee unless such is especially stated<br /> to be the case.<br /> <br /> Tur Editor begs to inform members of the<br /> Authors’ Society and other readers of 7he Author<br /> that the cases which are from time to time quoted<br /> in The Author are cases that have come before the<br /> notice or to the knowledge of the Secretary of the<br /> Society, and that those members of the Society<br /> who desire to have the names of the publishers<br /> concerned can obtain them on application.<br /> <br /> — &gt;<br /> <br /> List of Members.<br /> <br /> Tu List of Members of the Society of Authors<br /> published October, 1902, at the price of 6d., and<br /> the elections from October, 1902, to July, 1903, as<br /> a supplemental list, at the price of 2d., can now be<br /> obtained at the offices of the Society.<br /> <br /> They will be sold to members or associates of<br /> the Society only.<br /> <br /> <br /> <br /> The Pension Fund of the Society.<br /> <br /> Tux Trustees of the Pension Fund met at the<br /> Society’s Offices on the 19th of February, and<br /> having gone carefully into the accounts of the<br /> fund, decided to purchase £250 London and North<br /> Western 3 % Debenture Stock. Accordingly, the<br /> investments of the Pension Fund at present<br /> standing in the names of the Trustees are as<br /> follows.<br /> <br /> Vou. XIV.<br /> <br /> <br /> <br /> JUNE Ist, 1904.<br /> <br /> [Prick SIXPENCE.<br /> <br /> This is a statement of the actual stock; the<br /> money value can be easily worked out at the current<br /> price of the market :—<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Wonsols 28 4 i £1000 0 O<br /> Docal boas 0. 500 0 O<br /> <br /> Victorian Government 3 % Consoli-<br /> dated Inscribed Stock ............64- 291 19 a1<br /> War loan... 2019 3<br /> <br /> London and North Western 3 % Deben-<br /> ture StOCk’; 3 .-6..4.56 prs 250 0 0<br /> AB ap eure asa £9243 9 2<br /> <br /> Subscriptions from October, 1903.<br /> : £8. cd.<br /> Nov. 13, Longe, Miss Julia. 20) 50<br /> Dec. 16, Trevor, Capt. Philip. - 0 58 0<br /> 1904.<br /> <br /> Jan. 6, Hills, Mrs.C. H. . ~ 0 5 0<br /> Jan. 6, Crommelin, Miss . : 20 10 0<br /> Jan. 8, Stevenson, Mrs. M. EK. . - 0.5 0<br /> Jan. 16, Kilmarnock, The Lord . .~ 0 10-0<br /> Feb. 5, Portman, Lionel . : ~ ob 00<br /> Feb. 11, Shipley, Miss Mary 2 0 5 0<br /> Mar. Diiring, Mrs. . : : 707 5) 0<br /> Mar. Francis Claude de la Roche . 0 5 O<br /> <br /> Ou<br /> o<br /> <br /> April18, Dixon, W. Scarth<br /> <br /> April18, Bashford, Harry H. : . 0 10. 6<br /> April19, Bosanquet, Eustace F. . . O10 6<br /> April23, Friswell, Miss Laura Hain. 0 6 0<br /> May 6, Shepherd, G. H. Ob 0<br /> Donations from October, 1908.<br /> Oct. 27, Sturgis, Julian : : -90 0 90<br /> Nov. 2, Stanton, V. H. : : 7 5b 0 0<br /> Nov. 18, Benecke, Miss Ida . : 7 1.00<br /> Novy. 23, Harraden, Miss Beatrice 75 020<br /> Dee. Miniken, Miss Bertha M. M.. 0 5 0<br /> 1904.<br /> Jan. 4, Moncrieff, A. R. Hope . 5 0 0<br /> Jan. 4, Middlemass, Miss Jean . 010 O<br /> Jan. 4, Witherby, The Rev. C. . 0 5 0<br /> Jan. 6, Key, The Rey. 8. Whittell 0. 5 0<br /> 226<br /> <br /> £8, d.<br /> Jan. 14, Bennett, Rev. W. K., D.D. 015 0<br /> Jan. 2, Roe, Mrs. Harcourt 010 O<br /> Feb. 11, Delaire, Miss Jeanne 010 O<br /> May 16, Wynne, C. Whitworth 5 0 0<br /> <br /> —_—__+ 0 ——__—_<br /> <br /> FROM THE COMMITTEE.<br /> <br /> —+—&gt;— +<br /> <br /> HE Committee held their monthly meeting<br /> on May 2nd, at 39, Old Queen Street. The<br /> first business, as usual, was the election of<br /> <br /> members and associates, and seven fresh mem-<br /> bers and associates were elected. The number<br /> is small owing to the fact that the April meeting<br /> was held towards the middle of the month, and the<br /> May meeting at the earliest possible date in May.<br /> The total number of elections for the current year<br /> now reaches 110.<br /> <br /> Two cases were before the Committee. The<br /> first referred to a question of accounts between an<br /> author and a puohehee The Committee decided<br /> to endeavour to obtain a settlement of the case by<br /> entering into negotiations direct with the publisher,<br /> hoping by these means to discover, if possible, an<br /> explanation of the points in dispute. The second<br /> case raises questions of interest and of some diifi-<br /> culty between a member of the society and an<br /> author’s agent. As the matter is still under the<br /> consideration of the Committee, no further state-<br /> ment can be made at present.<br /> <br /> It was decided, subject to the approval of the<br /> President of the Society, to forward an address to<br /> the President of the Spanish Academy on the ter-<br /> centenary of the production of “ Don Quixote.” The<br /> draft of the address was laid before the Committee<br /> and approved. Mr. George Meredith, the President<br /> of the Society,. has also signified his approval of<br /> the draft.<br /> <br /> ——<br /> <br /> Cases.<br /> <br /> Since the May issue of 7’he Author eight cases<br /> have been placed in the Secretary’s hands for<br /> settlement ; three for money, one for money and<br /> accounts, two for the return of MSS., one for the<br /> settlement of contracts between author and pub-<br /> lisher, and one for accounts merely.<br /> <br /> Taking them in reverse order, the case for<br /> accounts referred to a Canadian firm, and conse-<br /> quently cannot be settled for some time. Again<br /> the case for the settlement of contracts, owing to<br /> complicated negotiations, cannot be adjusted imme-<br /> diately. Where demands were made for the return<br /> of MSS., the MSS. have been sent to the Society’s<br /> office, and returned to the members concerned.<br /> <br /> THE AUTHOR.<br /> <br /> In the case of accounts and money, with the con-<br /> sent of the Chairman, the matter has been placed<br /> in the hands of the Society’s solicitors, as it has<br /> been found impossible to get any answer from the<br /> publisher. Of the three cases for money, one has<br /> been satisfactorily settled, one has had to be post-<br /> poned for technical reasons, and the other has been<br /> postponed owing to the absence of the publisher<br /> from his office.<br /> <br /> The last case contains some curious points, as<br /> the publisher sold a portion of the author’s rights<br /> some time ago without communicating with the<br /> author, and without accounting for the amount he<br /> received, when rendering his usual statement. No<br /> doubt, however, a satisfactory explanation will be<br /> forthcoming when the Society has put forward the<br /> author’s just demands.<br /> <br /> Another small case which was placed in the<br /> hands of the Society’s solicitors has been satis-<br /> factorily settled, without the necessity of taking it<br /> into Court.<br /> <br /> <br /> <br /> May Elections.<br /> <br /> Jackson, John ; . St. Dunstan’s House,<br /> Fetter Lane, Fleet<br /> Street.<br /> Kenward, James, F.S.A. 48, Streatham High<br /> (Elvynydd) Road, 8.W.<br /> Kirmse, Mrs. L. Fontainbleau, Manor<br /> toad, Bourne-<br /> mouth.<br /> Kirmse, Richard Fontainbleau, Manor<br /> Road, Bourne-<br /> mouth.<br /> <br /> Shepherd, Geo. Henry 27, King Street, St.<br /> - James’s Square,<br /> Hilfield, Bath Road,<br /> <br /> Bournemouth W.<br /> <br /> Simpson, Miss Gaynor<br /> Stowe, Edwin &quot;<br /> <br /> Oo<br /> <br /> BOOKS PUBLISHED BY MEMBERS OF<br /> THE SOCIETY.<br /> <br /> — to<br /> <br /> (In the following list we do not propose to give more<br /> than the titles, prices, publishers, etc., of the books<br /> enumerated, with, in special cases, such particulars as may<br /> serve to explain the scope and purpose of the work.<br /> Members are requested to forward information which will<br /> enable the Editor to supply such particulars.)<br /> <br /> AGRICULTURE.<br /> <br /> Buy EnGuisH AorES. By C.F. Dowsetr. 2nd Edition.<br /> 83 x 54, 224 pp. The Author: Winklebury, Basing-<br /> stoke, 33. 6d.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR. 227<br /> <br /> ART.<br /> Great Masters. Parts XIII.and X1V. Edited by SIR<br /> Martin Conway. Heinemann. 5s. n. each.<br /> IMPRESSIONIST PAINTING: ITS GENESIS AND DEVELOP-<br /> MENT. By WyNFoRD DEWHURST. 124 x 83, 127 pp.<br /> Newnes. 25s. n.<br /> BIOGRAPHY.<br /> <br /> ELEAN 2 OrmMEROD, LL.D., EcoNoMIC ENTOMOLOGIST.<br /> Autobiography and Correspondence. Edited by ROBERT<br /> WALLACE. 9 X 53, xx.4+ 348 pp. Murray. 21s. n.<br /> <br /> Kings AND QuEENS | Have Kyown. By HELEN<br /> VACARESCO. 9 X 53,330 pp. Harper. 10s. 6d.<br /> <br /> <br /> <br /> DRAMA,<br /> <br /> SUPERLATIVE FRIENDSHIP. ‘“ A Home or School Play<br /> for Ladies or Girls.’ By the Rev. JOHN BRUSTER.<br /> Simpkin, Marshall &amp; Co., Ltd. 9d. nett.<br /> <br /> EDUCATIONAL.<br /> <br /> ELEMENTARY SCIENCE AND NATURE ‘STUDY. By H.<br /> THISELTON Monk. Simpkin Marshall &amp; Co. 1s. 6d. 1.<br /> THE GLOBE GEOGRAPHY READERS. By Vv. T. MURCHE.<br /> Macmillan, 2s. ‘<br /> FICTION.<br /> <br /> Ture Girt. By S. MACNAUGHTAN. 72 X 5, 309 pp.<br /> Hodder &amp; Stoughton. 6s.<br /> <br /> CELIBATE SARAH. By J. BuyrH. 73 xX 54, 292 pp.<br /> Grant Richards. 6s.<br /> <br /> For Love AND Ransom. By ESME STUART, 7% X 5,<br /> 379 pp. Jarrold. 3s. 6d.<br /> <br /> Miss ARNOTT’S MARRIAGE, By RICHARD MARSH. 73 X 5,<br /> 341 pp. J. Long. 6s.<br /> <br /> Bats av TWILIGHT. By HELEN M. BouLTON. 74 X 5,<br /> 304 pp. Heinemann. 6s.<br /> <br /> THe OrANGERY. A Comedy of Tears. By MABEL<br /> DEARMER, Author of “The Noisy Years,’ etc. Smith,<br /> Elder. 6s.<br /> <br /> NATuURE’s COMEDIAN. By W. E, Norris. 7] X 55,<br /> 310 pp. Longmans. 63.<br /> <br /> GLENCAIRLY CASTLE. By H.G. HurcHINson. 7] X 5,<br /> 326 pp. Smith, Elder. 6s.<br /> <br /> BrRoTHERS. The True History of<br /> By Horace ANNESLEY VACHELL.<br /> Murray. 6s.<br /> <br /> CourT CARDS.<br /> Unwin. 6s.<br /> <br /> In THE Wronc Box. By Fox RUSSELL,<br /> 317 pp. Everett. 3s. 6d.<br /> <br /> ARouND A Distant STAR. By JEAN DELATIRE. 7$X 5,<br /> 301 pp. Long. 6s.<br /> <br /> ENGLAND&#039;S ELIZABETH. By His Honour JuDGE i. A.<br /> PARRY. 7% X 5,351 pp. Smith, Elder. 6s.<br /> <br /> BIANCA’S CAPRICE, and Other Stories. By MorRLEY<br /> Roperts. 8 X 5,312 pp. White. 6s.<br /> <br /> THE BLUNDER OF AN INNOCENT. By E. MARIA ALBANESI,<br /> New Edition. 7% x 5, 322 pp. Methven. 6s.<br /> <br /> Mapes ov Money. By DorRoTHEA UERARD.<br /> 336 pp. Methuen.<br /> <br /> OvuR MANIFOLD Nature. By SARAH GRAND. Cheap<br /> Edition. 74 x 4%, 282 pp. Heinemann. 2s.<br /> <br /> SmoKING FLAx. By the Rey. Sivas HocKkIne. 7% X5h,<br /> 340 pp. Partridge. 3s. 6d.<br /> <br /> Musm%. The Story of an Anglo-Jap imese Marriage.<br /> Pearson. 6d.<br /> <br /> Treason. A Romance of Politics. Tynedale Press<br /> <br /> a Fight against Odds.<br /> 8 x 54, 397 pp.<br /> <br /> By ANSTICE CLARE. 7} X 5, 315 pp.<br /> <br /> 7% xX 5,<br /> <br /> 7% X 5,<br /> <br /> 6d.<br /> <br /> <br /> <br /> DorotHEA. By MAARTEN MAARTENS. 7} X 9, 573 pp.<br /> Constable. 6s.<br /> <br /> A PRINCE OF CORNWALL.<br /> 7% x 54,410 pp. Warne. 6s.<br /> <br /> By C. W. WHISTLER.<br /> <br /> IN THE WHIRL OF THE RIsinc, By B. MITFORD.<br /> 72 X 5,311 pp. Methuen. _ 6s.<br /> THE MASQUERADERS. By “Rrta.’’ 7% X 5, 371 pp.<br /> Hutchinson. 6s.<br /> THE WINE OF LOVE.<br /> 311 pp. Nash. 6s.<br /> DEALS. By Barry PAIN. 72 X 5}, 279 pp, Hodder &amp;<br /> Stoughton. 5s.<br /> <br /> Love&#039;s Proxy. By RicHarpD BaGor. 73 X 5, 305 pp.<br /> Arnold. 6s.<br /> <br /> THE LovETHAT HE PAsseDBy. By Iza Durrus HARDY.<br /> 74 X 5,388 pp. Digby Long. 6s. é<br /> <br /> THE STONE-CUTTER OF MempHiIs. By W. P. KELLY,<br /> 72 X 5,371 pp. Routledge. 6s.<br /> <br /> A WisE AND A FoontsH VIRGIN. By GERTRUDE<br /> WARDEN. 73 X 5, 296 pp. F. V. White. 6s.<br /> <br /> A JAPANESE MARRIAGE. By Dovugnuas SLADEN. New<br /> Edition. 8} x 53,401 pp. Treherne. 6s. n.<br /> <br /> ALLAN QUATERMAIN. By H. Riper HaGearp. (Cheap<br /> Edition.) 8% x 53, 182 pp. Longmans. 6d. n.<br /> <br /> Youna Love. By L. DouGAut. (Cheap Edition.) 74 X 5,<br /> 179 pp. Black. 6d.<br /> <br /> AN ISLEIN THE WATER. OH, WHAT A PLAGUEIS LoVB!<br /> By KATHARINE TYNAN. (Cheap Edition.) 74 X 5,<br /> 221 +150 pp. Black. 6d. each,<br /> <br /> By H. A. HInKSON. 74 X 5,<br /> <br /> HISTORY.<br /> <br /> SociaL LIFE UNDER THE Stuarts. By ELIZABETH<br /> GoDFREY. 82 X5%, 298 pp. Richards. 12s. 6d. n.<br /> <br /> THE PUNJAB IN PEACE AND WAR. By 8S. 8. THORBURN,<br /> Indian Civil Service (retired). Blackwood &amp; Sons.<br /> 12s. 6d. n. Two maps and four battle plans,<br /> <br /> LITERARY,<br /> <br /> SrortEs FROM DANTE. ~ By NortEY CHESTER. 7} X 43,<br /> 238 pp.. Warne. 2s. 6d. n.<br /> <br /> Ke.Lric RESEARCHES. By E. W. Byron NICHOLSON.<br /> 800 pp. H. Frowde: Oxford University Press, 21s. n.<br /> <br /> MEDICAL.<br /> <br /> THe MerpicaL CurricuLumM. By Proressor E. A.<br /> SCHAFER, LL.D., F.R.S. .82 x 53,30 pp. Elinburgh :<br /> The Darien Press.<br /> <br /> ORIENTAL.<br /> <br /> SAYINGS OF K’UNG THE MASTER. (The Wisdom of the<br /> Kast.) Selected, with an Introduction, by ALLEN<br /> Upwarp. 64 xX 5,50 pp. The Orient Press. 1s.n.<br /> <br /> POETRY.<br /> <br /> GRANUAILE, A QUEEN OF THE WEST. A Poem in Six<br /> Cantos. 2nd Edition. By CHARLES RICHARD PANTER,<br /> LL.D. 74 X 54, 207 pp. Jarrold &amp; Sons. 5s.<br /> <br /> Porms. By Sir Lewis Mornis. (Authorised Selections)<br /> 54 X 34, 340 pp. Routledge.<br /> <br /> POLITICAL.<br /> GREATER AMERICA. By A. R. COLQUHOUNs<br /> 436 pp. Harpers. 16s.<br /> FiscAL Facts AND Ficrions. By F.G. SHAW.<br /> 4s. n.<br /> <br /> 9 x 6;<br /> Saillitre,<br /> <br /> SOCIOLOGY.<br /> THe PRIZE: SOCIAL Succpss. By F. C, CONSTABLE.<br /> 7 x 43,177 pp. Grant Richards. 5s. n,<br /> TECHNICAL,<br /> A TEXxT-BoOK OF MECHANICAL ENGINEERING. By<br /> Witrrip T. LINEHAM. ‘7th Edition. 1066pp. Chay-<br /> man &amp; Hall. 12s, 6d. n.<br /> 228<br /> <br /> THEOLOGY.<br /> Paraposis, or “In the Night in Which He was (?)<br /> Betrayed.’’ By E. A, ABBOrT, (Diatessarica, Part IV.)<br /> 9 x 6, xxiii. + 216 pp. Black. 7s, 6d, n.<br /> THe YOUNG PRIEST. Conferences on the Apostolic Life.<br /> By HERBERT CARDINAL VAUGHAN. Edited by his<br /> <br /> Brother, MONSIGNOR CANON J.S. VAUGHAN. 7] X 5,<br /> 347 pp. Burns &amp; Oates. 5s.<br /> TOPOGRAPHY.<br /> Tur New Forest. By Horace G. HUTCHINSON.<br /> 94 x 68,310 pp. Methuen. 21s, n.<br /> <br /> STRATFORD-ON-AVON.<br /> (Illustrated Pocket Library.)<br /> 3s. Nl.<br /> <br /> THe QUANTOCK HILLS: THEIR COMBES AND VILLAGES,<br /> <br /> By SrpNeY LEE. New Edition.<br /> 7 x 5, 304 pp. Seeley.<br /> <br /> By BratTrRIx F. CresswELL. Homeland Association.<br /> 2s. 6d. n.<br /> <br /> TRAVEL.<br /> PRESENT-DAY JAPAN. By AuGusTaA M. CAMPBELL<br /> DAVIDSON. 94 X 6, 331 pp. Unwin. 21s.<br /> THe SToRY OF ALPINE CLIMBING. By FRANCIS<br /> GRIBBLE. (The Library of Useful Stories.) 6 x 39,<br /> 180 pp. Newnes. Is.<br /> <br /> A WINTER<br /> New (and cheaper) Edition.<br /> mais. 65. RB.<br /> <br /> PILGRIMAGE. By H. RipER HAGGARD.<br /> 81 x 53, 376 pp. Long-<br /> <br /> Oo<br /> <br /> LITERARY, DRAMATIC, AND MUSICAL<br /> . NOTES.<br /> <br /> ——<br /> <br /> NTHONY HOPE’S new book “ Double<br /> Harness,” a story of modern life, is to be<br /> published by Messrs. Hutchinson &amp; Co., in<br /> <br /> the antumn.<br /> <br /> It is announced that a volume of short stories<br /> may be expected from the pen of Mr. Rudyard<br /> Kipling in the autumn.<br /> <br /> We are informed that his Majesty the King has<br /> accepted a copy of Mr. James Cassidy’s new book<br /> “Love is Love,” published by Messrs. Simpkin,<br /> Marshall &amp; Co., at the price of 2s. 8d. net. The<br /> volume contains sixteen short stories, each of<br /> them founded on a true incident.<br /> <br /> “Where is your Husband, and Other Brown<br /> Studies” and “A Medley Book” are the titles of<br /> two books by George Frost, copies of which have<br /> been accepted by her Majesty the Queen.<br /> <br /> ‘Lost Angel of a Ruined Paradise,” is the title<br /> of a work by the Rev. P. A. Sheehan, D.D., which<br /> Messrs. Longmans &amp; Co. are publishing.<br /> <br /> The same firm is also publishing Mr. Wilfrid<br /> Ward’s ‘‘ Memoir of Aubrey De Vere,” based on<br /> unpublished diaries and correspondence.<br /> <br /> Mr. Poultney Bigelow has been appointed a<br /> Professor in the Law Faculty in the University at<br /> Boston. Mr. Bigelow’s department deals par-<br /> ticularly with ‘Foreign Relations and Colonial<br /> Administration,” and his lectures dealing with<br /> this subject will commence in the winter of the<br /> <br /> THER AUTHOR.<br /> <br /> present year. We understand that this is a new<br /> department in college education, and has for its<br /> object the training of young men for honourable<br /> employment.<br /> <br /> A second edition of ‘ Rita’s” new book “ The<br /> Masqueraders” is in the Press, as the first edition<br /> was sold out soon after publication.<br /> <br /> “Impressionist Painting: Its Genesis and<br /> Development,” by Wynford Dewhurst, has been<br /> published in a handsome volume by Messrs. George<br /> Newnes, Limited, at the price of 25s. net.<br /> <br /> Mr. Dewhurst has written the book with a view<br /> to preaching the doctrine of impressionism, parti-<br /> cularly in England where he considers this style of<br /> painting is very little appreciated. The book<br /> contains many illustrations which serve most<br /> effectually to demonstrate the methods set forth.<br /> Mr. Dewhurst trusts that the volume may be of<br /> real service to the cause of art education.<br /> <br /> “Buy English Acres” is the title of a book<br /> written by Mr. C. F. Dowsett, at the beginning of<br /> this year. The second edition, which contains<br /> much added matter, is now placed before the public.<br /> The book can be obtained from the author at<br /> Winklebury, Basingstoke, Hampshire. The price<br /> is 8s. 6d. net, post free.<br /> <br /> Mr. A. W. Marchmont, author of “ By Right of<br /> Sword,” has a novel entitled ‘“ Miser Hoadley’s<br /> Secret’ appearing in Methuen’s Sixpenny Library,<br /> and in the companion series, The Novelist, the<br /> same author’s popular book, “A Moment’s Error”<br /> is to be published.<br /> <br /> Owing to the great amount of revision which<br /> has been necessary in order to bring Mr. E. A.<br /> Reynolds Ball’s book, “ Mediterranean Winter<br /> Resorts” up to date, the fifth edition will not be<br /> published till the 1st of October, 1904.<br /> <br /> The intrigues between the English and Scottish<br /> Courts during the closing years of the sixteenth<br /> century form the material for Austin Clare’s new<br /> novel, entitled “Court Cards,” which Mr. Fisher<br /> Unwin has published.<br /> <br /> Mr. Grant Richards has just published a volume<br /> of essays from the pen of Mr. F. C. Constable,<br /> under the title of ‘The Prize: Social Success.”<br /> The essays treat of moral and social questions.<br /> <br /> The French Minister ‘ de l’Instruction Publique<br /> et des Beaux Arts” has lately created Mr. G. H.<br /> Clarke “ Officier d’Académie.”? Mr. Clarke has<br /> edited or written alone or in collaboration the<br /> following works: “ Le Misanthrope,” Moliére ;<br /> “Les Fourberies de Scapin,” Moliére ; “Table of<br /> the Order of French Pronouns” (Williams and<br /> Norgate) ; ‘School Grammar of Modern French”<br /> (J. M. Dent &amp; Co.) ; “ Les Femmes Savantes,”<br /> Moliére ; ‘‘ Waterloo,’ Victor Hugo; “Primer<br /> of Old French”; ‘Le Voyage de Monsieur<br /> Perrichow.” (Blackie &amp; Son); “ Intermediate<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> French Grammar ” (John Murray) ; “ La Bataille<br /> de Waterloo,” Houssaye (A. and C. Black),<br /> <br /> A new work by Mr. J. E. Gore, F.R.A.S., entitled<br /> “Studies in Astronomy,” is in the press, and will<br /> shortly be published by Messrs. Chatto and Windus.<br /> It will be illustrated by some fine photographs of<br /> nebulz and clusters.<br /> <br /> Messrs. Smith, Elder &amp; Co. have published with<br /> illustrations a work entitled “ Aspects of Social<br /> Evolution,” by J. Lionel Tayler, at the price of<br /> 7s. 6d. The book deals with the question of<br /> heredity, environment, and temperament, and is<br /> both social and medical in its character.<br /> <br /> Messrs. Brown, Langham &amp; Co. publish early in<br /> June a new novel by Mr. E. H. Lacon Watson,<br /> author of “The Templars” and several other<br /> books. “The Making of a Man” is the title<br /> chosen for the new story, which will deal, ter alia,<br /> with the career of a celebrated minor poet.<br /> <br /> In this month’s (June) Chambers’s Journal is an<br /> informing article by Eustace Reynolds- Ball, dealing<br /> with the vie intime of the Piedmont peasantry.<br /> This is a somewhat novel subject, on which the<br /> author has had special opportunities of acquiring<br /> information.<br /> <br /> In the new issue (being the 41st) of the Sfates-<br /> man’s Year Book, edited for Messrs. Macmillan &amp;<br /> Co. by Dr. J. Scott Keltie and Mr. J. A. Renwick,<br /> a series of statistical tables and diagrams has been<br /> brought together illustrative of the conditions of<br /> British trade and shipping from 1860 to the present<br /> date. Besides this compilation, so necessary for<br /> students of the fiscal question, may be mentioned<br /> a diagram showing the extent to which Belleville<br /> boilers are employed in the various fleets. In the<br /> general revision to which the book has been sub-<br /> jected may be noted the first appearance of a section<br /> devoted to Panama as an independent State.<br /> <br /> Mr, W. S. Gilbert produced, at the beginning of<br /> last month, a new play at the Garrick Theatre.<br /> We are pleased to welcome the return of this<br /> author to the dramatic stage. ‘That the piece is<br /> full of the old humour is clear from the fact that<br /> Mr. Arthur Bourchier is turned into a clown, and<br /> Miss Violet Vanbrugh into a columbine, and a<br /> Judge of the High Court into a pantaloon. The<br /> piece was received with much favour.<br /> <br /> “Tna,” a play in four acts by Mr. R. O. Prowse,<br /> was put on the stage of the Court under the<br /> auspices of the Stage Society. It is a study in re-<br /> morse, as the heroine thinks she has been virtually<br /> guilty of the death of her husband.<br /> <br /> Two plays by William Toynbee—“ Dolly’s<br /> Ordeal,” in one act, and “ Necessity Knows No<br /> Law: a Comedy of Personages,” in four acts—<br /> will be produced at a matinée at one of the West<br /> End theatres during the present season.<br /> <br /> 229<br /> <br /> PARIS NOTES.<br /> <br /> —<br /> <br /> HE book of the month is undoubtedly “ La<br /> Cominune,” by MM. Paul and Victor Mar-<br /> gueritte. In the form of a novel the authors<br /> <br /> give us the history of the Commune as they under-<br /> stand it, and show us a series of pictures of life<br /> in the various ranks of society during the troubled<br /> time which followed the Franco-German war,<br /> <br /> On reading this book one understands Mlle.<br /> Dosne’s anxiety to publish earlier than she had<br /> intended her brother-in-law’s book, ‘‘ Notes et<br /> Souvenirs de M. Thiers (1870-1873).”<br /> <br /> MM. Paul and Victor Margueritte endeavour to<br /> show us the various causes which led to the terrible<br /> insurrection in Paris. They describe in detail the<br /> miseries which the Parisian working-class and the<br /> bourgeois families had endured during the siege,<br /> their suspense, disappointments, distrust of their<br /> chiefs, hunger and discomfort of every kind, and<br /> finally their humiliation on hearing that the Prus-<br /> sians were to enter the French capital. The patriotic<br /> citizens were beside themselves with indignation<br /> and, taking advantage of this state of things, all the<br /> riffraff of the population thought the moment pro-<br /> pitious for a general rising against order and au-<br /> thority of any kind.<br /> <br /> The portraits of many of the historical personages<br /> are admirably well drawn, the description of the<br /> entrance of the enemy into the city, the story of the<br /> murder of Clément ‘Thomas, of the death of Mon-<br /> seigneur Darboy, and the account of the awful<br /> scenes of fire, bloodshed, and destruction are most<br /> tragic and pathetic.<br /> <br /> Many books have been written on the subject of<br /> the Commune, but none have given a more vivid<br /> and graphic description of that fatal insurrection<br /> than this novel by MM. Paul and Victor Mar-<br /> gueritte. The reader who cares to know both<br /> sides of an argument should certainly study ‘* Notes<br /> et Souvenirs de M. Thiers” before commencing<br /> “Ta Commune,” as it is just as well to know the<br /> difficulties with which M. Thiers had to contend<br /> before reading the verdict of the brothers Mar-<br /> gueritte.<br /> <br /> M. Pierre Loti appears to have renounced fiction<br /> for atime. His last book was ‘ L’Inde,” and his<br /> new one “ Vers Ispahan.” The former was pub-<br /> lished with two different titles ; the edition for<br /> France was “ L’Inde (sans les Anglais),” and the<br /> edition for sending abroad was simply ‘“ L’Inde.”<br /> In the preface to this new book the author tells<br /> us what to expect : “Qui veut venir avec moi voir<br /> i Ispahan la saison des roses prenne son parti de<br /> cheminer lentement &amp; mes cOtés, par ctapes. .<br /> Qui veut me suivre, se résigne a beaucoup de jours<br /> passds dans les solitudes, dans la monotonie et les<br /> mirages.... ”<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 230<br /> <br /> This is a warning not to be despised, as the<br /> book is really a description of a voyage. It is<br /> charming, and has all the poetry of description to<br /> which one is accustomed in Loti’s works. One of<br /> the most interesting chapters in the volume is the<br /> one telling of a visit to the tombs of the two<br /> poets Saadi and Hafiz. The latter is buried under<br /> a tomb of agate in the midst of an enclosure with<br /> avenues of orange blossom and roses. ‘This garden,<br /> which was at first reserved for him, has become an<br /> ideal cemetery, as muny admirers of the poet have,<br /> at their request, been also buried there. Their<br /> white tombs are surrounded with flowers, and the<br /> nightingales are to be heard every night.<br /> <br /> A little farther on is the tomb of Saadi. This<br /> ig much more modest than that of Hafiz, and is<br /> marked by a white stone; but it, too, has a wealth<br /> of flowers around it. “Vers Ispahan” should be<br /> kept as a charming, restful book for a summer<br /> holiday. It is impossible to hurry through it, as<br /> every word is worth reading.<br /> <br /> «lias Portolu,’ by Madame Grazia Deledda,<br /> is a delightful study of humble life in Sardinia.<br /> The authoress was born in Nuoro, a little town con-<br /> taining 7,000 inhabitants, and she places her story<br /> there. In the opening chapter Elias has just<br /> returned home after a sojourn in a penitentiary.<br /> His family and friends assemble in honour of this<br /> event and of the engagement of Pietro, the eldest<br /> son of the house. Elias is féted like a student<br /> returning home for the holidays, for among<br /> these primitive people when once a sin has been<br /> punished there is no further grudge against the<br /> culprit. He may begin an entirely fresh page<br /> in his life and he will not be taunted with his<br /> past.<br /> <br /> There is no strong plot to the story, but as a<br /> psychological study of Sardinian peasants it is<br /> very charming, and gives us an idea of an entirely<br /> different world, and of a totally different way of<br /> looking at many things from that to which we<br /> are accustomed. There is great originality, too,<br /> in the way in which the story is told.<br /> <br /> “Crainquebille, Putois, Riquet et plusieurs autres<br /> récits profitables ” is the title of a volume of short<br /> stories and sketches by M. Anatole France.<br /> <br /> “ Crainquebille” is a literary gem, one of the<br /> simplest and most pathetic of episodes told in<br /> the simplest and most exquisite style imaginable.<br /> The hero of the story is only a costermonger, and<br /> the incidents déscribed are such as one might<br /> witness every day in crowded cities, but every<br /> person lives, and there is deep pathos and tragic<br /> humour underlying the whole.<br /> <br /> “Putois” is a charming sketch, an excellent<br /> example of the way in which history can be built<br /> on a foundation of fiction.<br /> <br /> “Riquet,” though only a little dog, has not<br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> <br /> <br /> <br /> lived with M. Bergeret to no purpose. He is mar-<br /> vellously philosophical, and his “ Thoughts ” are<br /> well worth reading. There are about a dozen<br /> other sketches or stories in the volume, each one of<br /> which has its special raison d’étre.<br /> <br /> “ Joseline,” by M. Edouard Delpit, is a book<br /> which will please readers who prefer a dramatic to<br /> a psychological novel. There is plenty of incident,<br /> the characters are well drawn, and the story itself is<br /> quite possible. The most interesting personage in<br /> the book is a wealthy, self-made man, who, until<br /> the age of fifty, has had a very lonely life. He falls<br /> in love with a young girl who is secretly engaged<br /> to a young workman. For the sake of her family<br /> she consents to marry the millionaire. He, how-<br /> ever, discovers the true state of matters, and shows<br /> great nobility of character. The dénowement is<br /> tragic.<br /> <br /> Among the new books are: “ Paravent de soie<br /> et dor,” by Madame Judith Gautier; “Le Mar-<br /> quis de Valcor,” by Daniel Lesueur ; “ Isolée,” by<br /> Brada ; “ Autour des Iles bretonnes,” by M.<br /> Caradec ; “La Vie d’un simple, or Mémoires<br /> d’un métayer,” by M. Guillaumin ; “ De la Paix,<br /> du Désarmement et de la Solution du probleme<br /> social,” by Madame Winteler de Weindeck; ‘‘Visions<br /> bréves,” by M. Radet.<br /> <br /> M. Jules Claretie has just published the sixth<br /> volume of “ Vie 4 Paris.”<br /> <br /> An interesting case has been brought into the<br /> law courts. The widow of Leconte de Lisle pro-<br /> tested against the publication of a book entitled<br /> “ Premicéres Poésies et Lettres inédites de Leconte de<br /> Lisle.” The verses and letters were wrilten during<br /> his college days (about the year 1858) by the poet,<br /> and M. Guinaudeau, who brought out the volume,<br /> received them from a former friend of Leconte de<br /> Lisle.<br /> <br /> The widow of the poet, as residuary legatee,<br /> objected to the publication of poems, which her<br /> husband had never deemed worthy to include in<br /> his complete works, and the sale of the volume was<br /> stopped until a decision was given.<br /> <br /> M. Guinandeau claimed that these poems came<br /> under the heading of ‘‘ posthumous works,” and as<br /> such belong to the person who owns them, and that<br /> this person has the same rights as an author with<br /> regard to them.<br /> <br /> M. de Hérédia, M. Henry Houssaye, M. de<br /> Nolhac, and other distinguished literary men wre<br /> to Madame Leconte de Lisle expressing<br /> pathy with her and their approval of the<br /> had taken in the matter.<br /> <br /> The judgment has just been g<br /> Guinaudeau and his publisher have to<br /> francs indemnity to Madame Leconte<br /> The destruction of the books canna<br /> by this Court, so that in order<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE<br /> <br /> Stop the circulation of the volumes the case will<br /> probably be brought before another Court.<br /> <br /> In an interesting article by M. Théry in the<br /> Economiste européen the question of the “Theatre<br /> Trust” is discussed in detail, The writer praises<br /> the Société des Auteurs for having “ vigorously<br /> attacked this scheme of monopoly.” M. Thery<br /> points out that by doing away with competition<br /> between theatre managers the result would be no<br /> competition between artistes, authors, decorators, or<br /> costume designers, so that French theatrical art<br /> would lose one of its chief elements of success and<br /> of universal influence.<br /> <br /> The Société des Auteurs dramatiques at its annual<br /> meeting discussed the question of the “Theatre<br /> Trust,” and decided to continue to oppose it<br /> energetically.<br /> <br /> The Syndicate of Dramatic Critics also held a<br /> meeting, at which a vote was passed that the critics<br /> would stand by the authors on the question of the<br /> “Theatre Trust.”<br /> <br /> At the theaties Madame Sarah Bernhardt con-<br /> tinues “ Varennes” until she leaves for Belgium. At<br /> the Gymnase “ Le Retour de Jérusalem” has held the<br /> pill for 200 performances, and M. Antoine has had<br /> great success with ‘ Oiseaux de Passage.”<br /> <br /> At the Gaite “La Montansier,” too, holds the bill<br /> until Madame Réjane’s departure, and at the<br /> Ambigu “ La Baillonnée” is another success for M.<br /> Decourcelles. The Porte St. Martin has put on<br /> “Blectra,” a Spanish play, and the Vaudeville<br /> “La Troisieme Lune.”<br /> <br /> On the occasion of the centenary of Georges Sand<br /> the Odéon will give a performance of the “ Démon<br /> du Foyer.” M. Ginisty has received permission<br /> from the Ministry to have a Georges Sand Exhibi-<br /> tion in the foyer of the theatre. There will be on<br /> view the most celebrated portraits of the great<br /> authoress, some sketches and water-colour paintings<br /> of hers, and various relics and souvenirs connected<br /> with her.<br /> <br /> At the Comédie Frangaise, for the centenary of<br /> Georges Sand, M. Jules Claretie has decided to<br /> give “ Claudie.”<br /> <br /> The piece which Madame Judith Gautier and<br /> M. Pierre Loti have written for Madame Sarah<br /> Bernhardt is entitled “Fille du Ciel.” It is a<br /> Chinese drama, and will be put on next season.<br /> <br /> China certainly seems to be in favour at present.<br /> The new play by Madame Fred Grésac and M. Paul<br /> Ferrier is a Chinese comedy entitled “La Troisicme<br /> Lune.”<br /> <br /> M. Maurice Bernhardt has dramatised the novel<br /> by M. Sienkiewicz, “Par le Fer et par le Feu.”<br /> This is to be put on next season at the Sarah<br /> Bernhardt Théitre with M. Huguenet in the role<br /> of Zagloba.<br /> <br /> Auys HALLARD.<br /> <br /> AUTHOR.<br /> <br /> 231<br /> <br /> AUTHORS’ AGENTS.<br /> <br /> ———+—<br /> <br /> WW&quot; have read, very naturally with interest,<br /> the able and well-considered paper pub-<br /> lished under this heading in the April<br /> issue. Upon several points we emphatically agree<br /> with G. H. T., but upon one or two others we<br /> should like to make a few observations, which<br /> might even be useful to members, and should be<br /> <br /> glad if you will kindly allow us space.<br /> <br /> That the methods of agents are of growing<br /> importance, authors will not dispute ; indeed, in<br /> the interests of literature a wider separation is<br /> desirable between the literary and commercial side<br /> of the matter than exists now ; doubtless this will<br /> eventually obtain, and therefore it is essential<br /> that those methods should be sound and beyond<br /> reproach,<br /> <br /> That to the beginner the agent can be of very<br /> little service we cannot quite accept. lar more<br /> than to the experienced and established writer<br /> (who has little difficulty in finding a market for<br /> his wares) is he of use to the novice. To the<br /> beginner, in fact, he can, and should be, a very<br /> material help. ‘The novice desires to enter a re-<br /> stricted, yet highly competitive field, the customs,<br /> methods and requirements of which he is almost<br /> absolutely ignorant, and in furthering his endeavour,<br /> an agent, cognisant of all these, is of the utmost<br /> value. Again, as a rule, the beginner is too apt to<br /> rush to pen and paper upon the least provocation,<br /> without fully considering the general interest, or<br /> publishing probabilities of his idea when developed,<br /> and in cases of this sort the ageat who knows his<br /> business and has the interests of his client at<br /> heart, can, by giving judicious counsel, save him<br /> much time, and spare him much disappointment<br /> and, moreover, often put him upon the right trend.<br /> The reason why nine-tenths of rejected MSS, are<br /> declined is that they are written without con-<br /> sideration, rhyme or reason. As you fairly point<br /> out, the business of a literary agent is not run<br /> upon philanthropic lines, but it is hardly necessary<br /> for him to give greater attention to authors who<br /> earn him a large income than to such whose return<br /> ig small. Work of very well-known authors sells<br /> automatically, is besought ; it is the work of lesser<br /> authors which in the placing requires skill, know-<br /> ledge, judgment and energy. When an author’s<br /> output is not large enough to pay an agent, he can<br /> scarcely expect the agent to make any particular<br /> effort on his behalf on commission alone, but if he<br /> pays a fee to an honest agent to cover specified<br /> work, he should be able to rely upon that work<br /> being done. In theselection of an agent, however,<br /> <br /> there are two important points upon which the<br /> author, whether established or not, needs to<br /> <br /> <br /> 232<br /> <br /> exercise caution. He should never entrust his<br /> work to an agent unless he is confident, in the<br /> first place, that the man he employs conducts<br /> his general business with an entire absence of<br /> favouritism, and in the second place has no per-<br /> sonal misunderstandings with any publisher or<br /> editor. Agents cannot afford to have personal<br /> animosities against either.<br /> <br /> As to the rate of commission, we consider this<br /> more of a personal question, and one dependable<br /> upon particular/circumstances, which might safely<br /> be left to author and client. Amongst authors<br /> earning large incomes there are very few so<br /> “hopelessly unbusinesslike ” as to allow unfair,<br /> or disproportionate deductions from their profits ;<br /> moreover, it must not be forgotten that it is the<br /> agent who, generally speaking, finds the openings<br /> for the author. But that the agent should always<br /> keep the welfare of his clients well before him, is<br /> only a principle of common business honesty, and<br /> whenever he plays into the hands of a publisher<br /> he is guilty of a gross breach of trust.<br /> <br /> But in indicating a system under which the<br /> agent becomes financier as well, and buys work<br /> from impoverished authors with a view of selling<br /> at a large profit to himself, G. H. T. puts his<br /> finger upon a very evil practice. The system is<br /> varied by the moneylender-agent advancing sums<br /> against unwritten work, and in this way (as he<br /> takes care not to let the author get out of his debt<br /> by always having a pocket open to him) not only<br /> secures a continuance of the “agency” but receives<br /> an unjust rate of interest for the accommodation.<br /> The evils of this system are manifold. Generally<br /> speaking, carelessness in regard to money matters<br /> is an attribute of the literary temperament. In<br /> some cases extravagance leads to difficulties, and<br /> resort to the moneylender-agent, who like Barkis<br /> is always “ready and willin’,” becomes a necessity.<br /> The ultimate effect of this upon the author is<br /> financially disastrous ; to other authors for whom<br /> the moneylender-agent acts, but who do not require<br /> his financial assistance, it is unfair, since obviously<br /> he has a deeper interest in the man who is bound<br /> to him, and consequently exploits him further,<br /> whilst, what is of more consequence, the de-<br /> moralizing effect upon literature is even more<br /> disastrous. Instead of working for, art’s sake,<br /> and endeavouring to express the best that is in<br /> him, the involved author has to grind away at<br /> “pot boilers” in order to meet obligations he<br /> never succeeds in freeing himself from, There<br /> are certain publishers guilty of the same disre-<br /> putable practice, but whilst the system is at all<br /> times an immoral one, they occupy a position very<br /> different from agents.<br /> <br /> For ourselves we see no reason whatever why an<br /> agent should not werk in unison with the Authors’<br /> <br /> THE AUTHOR.<br /> <br /> Society, and be an ardent supporter as well (indeed<br /> we consider the Society should have the support of<br /> all in any way concerned with literature and its<br /> production). If he is afraid to have his contracts<br /> and methods inspected by an authoritative body<br /> obviously he is not conducting his business upon<br /> honest lines.<br /> <br /> Upon the subject of contracts, especially the<br /> “‘ next-two-book ”’ clause, we should like to make<br /> a few remarks. ‘The position of the beginner is<br /> this. He is unknown, and has a book which he<br /> requires published without any risk to himself.<br /> The publishers who are at all likely to undertake’<br /> this are few at the most. It is the publisher who<br /> is called upon to speculate in the venture, not the<br /> author, and it is he that dictates the terms of<br /> publication, and not the other, who can either<br /> accept or reject them. If he accepts, the book is<br /> published ; if he refuses, it is not. Harsh as<br /> existing conditions may seem—it must not be<br /> forgotten, however, that there is also the pub-<br /> lisher’s point of view—there they are, and an<br /> author, if he wishes to aim at fame and fortune<br /> must, until he is strong enough to make his own<br /> terms, accept them. Authors moreover should<br /> remember, what is frequently overfooked, that no<br /> book is absolutely necessary, that the world will<br /> still revolve if his song remains unsung, and to<br /> dictate terms to a publisher is in these days to<br /> incite his amusement.<br /> <br /> As to the “ next-two-book ” clause in particular,<br /> G. H. T. advises that no author should in any<br /> circumstances bind himself to a publisher for<br /> more than one book, but against this advice we<br /> must, with deference, again adduce our immediate<br /> argument—that until an author is strong enough<br /> to make his own terms he stands between accepting<br /> those of the publisher and being published, or<br /> refusing them and remaining in obscurity. A<br /> case came within our business not long since. A<br /> publisher—who does not enjoy the reputation of<br /> being the most generous in the trade—agreed to<br /> publish a first work on condition that he had the<br /> refusal of the next two. At the time, as a matter<br /> of fact, we advised the author not to sign. The<br /> publisher replied that those were his terms and<br /> could be taken or left. The author in question,<br /> anxious to secure publication, accepted, with the<br /> result that the book has boomed and gone already<br /> into a fourth edition, Now, if this author had<br /> declined these terms, from our experience and<br /> knowledge of the character of the work, we are<br /> certain no other publisher would have undertaken<br /> it; and if the author had not accepted them,<br /> instead of being established as a successful author,<br /> he would still be in obscurity and likely to remain<br /> there. It is perfectly true that he is tied to this<br /> publisher, upon not very liberal terms, for the<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> next two books, but on the other hand he has<br /> now a literary reputation which cost him nothing<br /> to achieve; he has even made an immediate cash<br /> profit through the achievement. There is also the<br /> publisher&#039;s point of view. Now that this author has<br /> made a reputation, through the publisher’s enter-<br /> prise, certain other publishers are very anxious<br /> to secure his future books, but the publisher in<br /> question speculated in the first instance, and after<br /> all it is only reasonable that he should reap the<br /> benefit of his enterprise instead of others who were<br /> prepared to risx nothing. In view, therefore, of<br /> the present conditions of publishing, we do not<br /> think that an author will be wise in all cases to<br /> follow the advice of G. H. T. upon this point.<br /> The difficulties of a new writer procuring first<br /> publication are becoming increasingly complex,<br /> and we do, not consider they are likely to be<br /> reduced by’ the novice attempting to dictate terms.<br /> We should not have the least objection to the sub-<br /> mission of an agreement of this or any character to<br /> the Society, but at the same time we should feel it<br /> incumbent upon ourselves fully to explain the<br /> novice’s position in the literary world of to-day.<br /> There is no profession the working arrangements<br /> of which can be regarded as altogether perfect,<br /> and since all are humanly exercised we doubt if<br /> there ever will be one. Certainly we do not think<br /> that G.H.T. is right in thinking that the ideal<br /> literary agent would be one who worked for a fair<br /> number of authors at a fixed annual sum. An<br /> agent is now remunerated by commissions upon<br /> orders which he secures. Naturally, his com-<br /> mission is the only inducement he has to obtain<br /> orders, and if his commission were compounded for<br /> an annual sum the inducement would be lost and<br /> the author the first to suffer. However conscien-<br /> tious the agent may be, it would be impossible for<br /> the author to obtain from him the same satisfactory<br /> results as he does when the agent’s profit depends<br /> <br /> entirely upon his successes.<br /> <br /> Spricc, Peprick &amp; Co., Lrp.,<br /> GALE PEDRICK,<br /> <br /> Managing Director.<br /> <br /> —_—__—_—_—&lt;&gt;_+—_—_-<br /> <br /> LEGAL NOTES.<br /> <br /> et<br /> <br /> <br /> <br /> Wuat’s In A Name?<br /> <br /> HE right of an author or of his assignee<br /> in the name which he has given to his book<br /> sometimes occasions inconvenience to another<br /> <br /> author who has selected a similar name for his own<br /> work ; and the law upon the subject is perhaps a<br /> little indefinite and is not always clearly under-<br /> stood. Whatever the precise nature of the right<br /> <br /> 233<br /> <br /> may be, it is not easy for the writer of a new work<br /> to avoid infringing it, and a number of interesting<br /> suggestions have been made in The Author for pre-<br /> venting, by a scheme of registration, infringements<br /> from occurring in future. Obviously if the author<br /> can search in a complete register of book-names<br /> he will have a chance of avoiding for himself the<br /> inconvenience of a dispute arising out of his<br /> adoption of a title already used. The matter,<br /> therefore, divides itself naturally into a discussion<br /> of the existing state of things, and the definition,<br /> if possible, of the rights at present existing, and of<br /> the proposals made with a view to improvement in<br /> the future. here have not been many cases<br /> decided in the law courts with regard to the right<br /> to names of individual books, for reasons which are<br /> not difficult to guess at. On the other hand, there<br /> have been several where the names of periodical<br /> literary productions have been concerned. The<br /> selection of names for individual books lies with<br /> the author, and any confusion with the name of<br /> another is accidental on his part. The selection of<br /> names of magazines by publishers is done more or<br /> less deliberately. A name is chosen on account of<br /> the merit which it is believed to possess, and the<br /> chooser of it is usually aware of the existence of<br /> the rival publication. Where he has knowingly<br /> chosen a name which runs close to that used by<br /> another he naturally defends his choice. The<br /> author or publisher of a book usually withdraws in<br /> order to save trouble, if not for any other reason.<br /> <br /> The right to the name of a book is not copy-<br /> right, as has been frequently explained in he<br /> Author ; and the name is not atrademark. At<br /> the same time there is in a title a right which is<br /> capable of protection, and it is in some cases of<br /> importance to an author that it should be pro-<br /> tected. In others it is a source of great annoyance<br /> to an author when some brother writer endeavours<br /> to prevent him from using a name which he fancies<br /> in order to protect a work which is of no value, and<br /> which consequently needs no protection. At all<br /> events, there are two points of view from which<br /> the matter can be contemplated : that of the author<br /> of the formerly existing work and that of the<br /> author of the second or projected work. Most of<br /> the writers who have discussed the subject in 7&#039;he<br /> Author have apparently found themselves in the<br /> latter class.<br /> <br /> With regard to the nature of the right. In<br /> Bradbury v. Beeton, 18 W. R. 33, a case in which<br /> the proprietors of Punch sought to protect their<br /> title against one which might have been confused<br /> with it, Vice-Chancellor Malins said: “The de-<br /> fendants have no right to use a name which is<br /> calculated to mislead or deceive the public in pur-<br /> chasing.” ‘I&#039;his simple phrase sums up the law on<br /> the subject. No author has a right to deceive the<br /> <br /> <br /> 234<br /> <br /> public or to injure his brother writer by using a<br /> title which may mislead persons who, wishing to<br /> buy the book of the latter, might find themselves<br /> purchasers of the book of the former.<br /> <br /> In Kelly v. Hutton, L. R. 3 Ch. 903, Lord<br /> Hatherley said that there was nothing analogous<br /> to copyright in the name of a newspaper, but that<br /> the proprietor had a right to prevent any other<br /> person from adopting the same name for any other<br /> publication. It has also been pointed out that,<br /> should a journal change its name, anyone can<br /> adopt the old name for another periodical, so long<br /> as he does not in any way hold out the latter to be<br /> in fact the former.<br /> <br /> In the dealings of ordinary commerce there is a<br /> protection afforded to the labels and wrappers or<br /> to the name of a well-known article of commerce<br /> which is not derived from the registration of a<br /> trademark. This offers a close parallel to the<br /> protection afforded to the title of a published<br /> book, and it would appear to be founded upon the<br /> same principles. Traders are not always honest,<br /> and are sometimes ready to “‘ pass off” their goods<br /> as the better-known goods of some other producer.<br /> The goods of the latter may be distinguished by a<br /> trademark, and this may be imitated, together with<br /> the general design and ‘“‘get-up” of the article<br /> sold. The injured party then proceeds to ask the<br /> Court to forbid the infringement of his trademark,<br /> and to forbid the goods of the rival being “ passed<br /> off” as his. In defence, the rival may assert that<br /> the trademark is one not properly upon the register<br /> and move to strike it off. If he fails in this, the<br /> plaintiff will be entitled to the full protection which<br /> he seeks, but even though upon this point the<br /> judge’s decision is adverse to the plaintiff, and<br /> the trademark is found to be one which should<br /> not be on the register, there may still be a decision<br /> in favour of the plaintiff upon the question of<br /> “passing off.”<br /> <br /> “No man has a right to pass off his goods as<br /> though they were the goods of another.” There<br /> can be no doubt as to this, but it is essential in a<br /> ‘passing off” case to prove where a trade name<br /> or wrapper or similar thing has been imitated that<br /> the name or thing sought to be protected is generally<br /> known as distinguishing the plaintiff&#039;s goods. It<br /> is enough to prove that the “ passing off” is likely<br /> to interfere with the sale of the plaintiff&#039;s goods ; it<br /> is not necessary to prove that it has in fact so<br /> interfered, or that it was intended to do so. In<br /> The Author of August, 1900, there was quoted an<br /> instructive case as to titles tried in America, where<br /> the University of Oxford obtained an injunction<br /> against an American publishing firm to stop them<br /> from bringing out a Bible entitled an‘ Oxford Bible:<br /> The Sunday School Teachers’ Edition.” The learned<br /> judge said with reference to the use of the name<br /> <br /> THE AUTHOR.<br /> <br /> Oxford and to the point taken that this was merely<br /> a place name: “But this word is part of the<br /> plaintiffs’ name, and as such has given name to the<br /> plaintiffs’ Bibles and has come to be a means of<br /> showing their origin. The defendant has no con-<br /> nection with the place or name, and this use of<br /> the name by the defendant can be for no purpose:<br /> but to represent the defendant’s Bibles as coming<br /> from the plaintiffs.”<br /> <br /> Of course the intentional use of the name made<br /> this instance worse, but it was not essential, andi<br /> the case is otherwise interesting as showing the:<br /> grounds on which the injunction was granted.<br /> This, therefore, it is submitted, is the legal position =<br /> that A. must not take for his book the name used<br /> by B. so as to have his (A.’s) book mistaken for<br /> B.’s. Probably in a great majority of the cases.<br /> where an author of a new book is attacked by the<br /> author of an old one because he has published, or<br /> has let it be known that he is going to publish, a<br /> work under the name used for the old one, the-<br /> author of the old book could suffer no damage, as.<br /> nobody ever heard of his book, or everyone has.<br /> forgotten it, and nobody could mistake the<br /> new one for the old. In a great majority of these-<br /> cases A. can snap his fingers at B. if he chooses to-<br /> do so, so far as any action at law is concerned. In<br /> practice, however, he may not like to run the risks,.<br /> or if he does not mind doing so, his publisher is<br /> nervous, and declines to go on unless the name is.<br /> changed. From the other point of view, the author:<br /> who sees that another writer is going to bring out<br /> a book with a name which he has used for a book.<br /> which is in circulation has a legal right to prevent<br /> this being done, andit would be difficult to show that<br /> he is not perfectly justified in protecting his own pro-<br /> perty. When he is merely bluffing or asserting for his.<br /> deceased work a claim to fame which it does not<br /> possess, the question has to be decided whether he-<br /> is to be treated with contempt or humoured. If I<br /> appear tohave minimised the danger or the annoyance-<br /> arising from the question of a used title, it is only<br /> because I think that to someextent it is exaggerated<br /> by writers on the subject in The Author. I<br /> have myself suffered from the nuisance, as I had<br /> to change the name of a novel, after it had been:<br /> announced in advance, because the writer of a.<br /> short story having the title I had chosen, declared<br /> that she was bringing out, or was thinking of<br /> bringing out, a volume of tales in which that par-<br /> ticular short story (for which she had used the name-<br /> I had chosen) would figure as the first item, giving<br /> its name to the book. My publisher was desirous.<br /> of treating a lady with courtesy, and of avoiding<br /> controversy, 80 my name was changed, although the:<br /> first pages were already set, and although we agreed<br /> that the other author had no legal right to stop us<br /> and could not have succeeded in any action brought.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> with that intention. My book is as dead now as<br /> a doornail. I certainly should have no right to<br /> prevent anyone from using the title I ultimately<br /> chose, and I should not try to do so.<br /> <br /> With regard to the question what amount of<br /> circulation or “life” a book should have in order to<br /> enable its author or the owner of its copyright to<br /> prevent a new book from being published under the<br /> same name, it is difficult to find or to suggest any<br /> definite rule. I would submit, however, that a book<br /> discoverable in the bulky “ Publishers’ Catalogue<br /> of Current Literature” would be entitled to protec-<br /> tion, and that a book not to be found in that and<br /> never heard of by the author of the new work, or<br /> by his publisher or the publisher’s reader, would<br /> probably be held to be entitled to none. I have<br /> said nothing about such titles as “Tom Jones” or<br /> “Qlarissa Harlowe,” which someone suggested.<br /> No author or publisher would be responsible for a<br /> new book so named, and no bookseller would sell<br /> it. I propose in a future article to discuss the<br /> remedies suggested for the existing state of things.<br /> The suggestions have been principally made in<br /> order that the author of a new book may know<br /> whether his proposed title has been used before.<br /> <br /> BE. A. ARMSTRONG.<br /> <br /> —___—_——_—&gt;_+___<br /> <br /> MUSICAL COPYRIGHT BILL.<br /> <br /> —_+—~ + —<br /> <br /> As AMENDED BY THE STANDING COMMITTEE ON<br /> Law.—Printep, March 24, 1904.<br /> Arrangement of Clauses.<br /> <br /> 1. Offences.<br /> <br /> », Power to apprehend persons committing<br /> offences under Act.<br /> <br /> 3. Appeal to quarter sessions.<br /> <br /> 4. Alternative procedure by production of true<br /> copy of entry of copyright,<br /> <br /> 5. Search warrant and seizure of pirated music.<br /> <br /> G. All copies and plates seized to be brought<br /> before court.<br /> <br /> 7, As to forfeiture and destruction of copies<br /> and plates seized.<br /> <br /> 8. Penalties.<br /> <br /> 9. Recovery of penalties.<br /> <br /> 10. Interpretation.<br /> <br /> 11. Short title.<br /> <br /> 12. Registration of copyright and date of first<br /> publication.<br /> <br /> 13. Commencement and application of Act.<br /> <br /> 14, Application to Scotland.<br /> <br /> 15. Saving for foreign copyright.<br /> <br /> Be it enacted by the King’s most Excellent<br /> Majesty, by and with the advice and consent of<br /> <br /> 235<br /> <br /> the Lords Spiritual and Temporal, and Commons,<br /> in this present Parliament assembled, and by the<br /> authority of the same, as follows :—<br /> <br /> 1. Any person who—<br /> <br /> (1) Prints, or causes or procures to be printed,<br /> any pirated musical work ;<br /> <br /> (2) distributes or carries about any copies of<br /> any pirated musical work for the purpose<br /> of sale, or of being dealt with in the course<br /> of trade ;<br /> <br /> (3) sells, or causes or procures to be sold, or<br /> exposes for sale, or offers or keeps for sale,<br /> or solicits orders by post or otherwise, for<br /> any copies of any pirated musical work; -<br /> <br /> (4) is found in the possession of any copies of<br /> any pirated musical work or the plates<br /> thereof for any of the purposes above<br /> mentioned ;<br /> <br /> shall be deemed to have committed an offence<br /> under this Act if it be proved to the satisfaction of<br /> the court that he knew that—<br /> <br /> (a) such musical work was pirated ;<br /> <br /> (b) or that such plates were the plates of pirated<br /> <br /> musical works.<br /> <br /> 2. It shall be lawful for any police constable, on<br /> the request in writing of the owner of the copyright<br /> or of his agent thereto authorised in writing, and<br /> on the production to such constable of a copy of<br /> the entry of such copyright in the book of registry<br /> certified under the hand of the officer appointed by<br /> the Stationers’ Company, and impressed with the<br /> stamp of the said company, in terms of the Copy-<br /> right Act, 1842, and at the risk of such owner,<br /> to take into custody, without warrant, any person<br /> who, within view of such police constable in any<br /> public place, or place to which the public have<br /> access on payment or otherwise, commits an offence<br /> under this Act, and whose name and address shall<br /> be unknown to and cannot be ascertained by such<br /> constable.<br /> <br /> 3. If any person feels aggrieved by any convic-<br /> tion made by a court of summary jurisdiction for<br /> an offence against this Act, he may appeal there-<br /> from to a court of quarter sessions where the fine<br /> imposed exceeds forty shillings, or the value of the<br /> articles seized exceeds forty shillings.<br /> <br /> 4, Whenever a certified and stamped copy of an<br /> entry of a copyright in the book of registry is<br /> required by this Act to be produced to any person,<br /> it shall be sufficient if instead of such production<br /> a true copy thereof is given to and left with such<br /> person.<br /> <br /> 5.—(1) Where on the information upon oath by<br /> the owner of the copyright in any musical work, or<br /> of his agent authorised thereto in writing, of an<br /> offence under this Act, a court of summary juris-<br /> diction is satisfied that there are reasonable<br /> <br /> <br /> 236<br /> <br /> grounds for believing that pirated copies of<br /> such musical work specified in such informatior, or<br /> the plates thereof, are being kept for purposes con-<br /> stituting an offence under this Act, and are to be<br /> found in or upon any house, premises, or place<br /> within its jurisdiction, the court may, by warrant,<br /> authorise any police constable named and referred<br /> to in such warrant to enter such house, premises,<br /> or place at any time between the hours of nine in<br /> the morning and six in the afternoon, and to search<br /> for and seize and carry away such copies and plates.<br /> (2) The court may, if it appears necessary,<br /> empower the constable named in such warrant with<br /> such assistance as may be found necessary to use<br /> “force for the effecting of such entry as aforesaid,<br /> whether by breaking open doors or otherwise.<br /> <br /> 6. All copies of musical works and _ plates<br /> thereof so seized shall be brought before a court<br /> of summary jurisdiction for the purpose of its being<br /> determined in accordance with the provisions here-<br /> inafter contained whether the same are or are not<br /> liable to forfeiture and destruction under this Act.<br /> <br /> 7.—(1) As soon as may be after any copies of<br /> pirated musical work, or plates thereof, shall have<br /> been brought before a court of summary juris-<br /> diction under the provisions of this Act or the<br /> Musical (Summary Proceedings) Copyright Act,<br /> 1902 (in this Act referred to as “the Act of<br /> 1902’), the owner of the copyright, or his agent<br /> thereto authorised in writing, shall, if the person<br /> alleged to have been dealing with such copies or<br /> plates, or to have been in possession thereof under<br /> such circumstances as to constitute an offence<br /> under this Act, is known or can be found, apply to<br /> the court to issue a summons to such person to<br /> show cause why the same should not be furfeited<br /> and destroyed, and the court may issue such<br /> summons accordingly, and on the hearing of the<br /> summons may order that the said copies and<br /> plates or any part thereof be forthwith forfeited<br /> and destroyed, or be otherwise dealt with as the<br /> court may think fit.<br /> <br /> (2) If such person is unknown or cannot be<br /> found an information or complaint shall be laid by<br /> or on behalf of the owner of the copyright, or by<br /> his agent thereto authorised in writing, or on<br /> behalf of the police, for the purpose only of enforcing<br /> the forfeiture and destruction of such copies and<br /> plates, and the court may without summons, on<br /> proof that the musical work to which the copies or<br /> plates seized relate is pirated, or that such copies<br /> or plates were in the possession of such person<br /> under such circumstances as to constitute an<br /> offence under this Act, order such copies or plates<br /> or any of them to be forfeited and destroyed at<br /> the expiration of a period of two months from<br /> the making of such order, unless within the said<br /> <br /> THE AUTHOR.<br /> <br /> period some person alleging himself to be the<br /> person in whose possession the copies or plates<br /> were found, or to be the owner of the copies or<br /> plates to which such order relates, or of any part<br /> thereof, shall attend before such court and shall<br /> lodge a claim in writing to such copies or plates or<br /> any part thereof, and stating therein his true name<br /> and address, and shall thereupon apply to the said<br /> court to issue a summons (which the said court<br /> shall upon such application issue) to the person<br /> claiming to be the owner of the copyright, to show<br /> cause why the same should not be given up to him.<br /> <br /> (8) If such applicant at the hearing of the said<br /> summons establishes to the satisfaction of the<br /> court his claim to have the whole or any part of<br /> such copies or plates given up to him, the court<br /> may make an order to that effect, but at the<br /> expiration of the said period of two months, or, if<br /> a claim is then pending, on the determination of<br /> such claim, all the said copies or plates (if any)<br /> referred to in the original order of the court, and<br /> not given up as aforesaid, shall be forfeited and<br /> destroyed or be otherwise dealt with as the court<br /> may think fit, and thereafter no person shall be<br /> entitled to any compensation or redress in respect<br /> of such forfeiture and destruction.<br /> <br /> 8. Every person who shall commit an offence<br /> under this Act shall be liable to a fine not<br /> exceeding five shillings for each copy and five<br /> pounds for each plate in respect of which the offence<br /> was committed, provided the whole fines inflicted<br /> on any one offender in respect of the same offence<br /> shall not exceed twenty pounds.<br /> <br /> 9. All fines under this Act shall be recoverable<br /> and applied, and any act or thing authorised to<br /> be done by or in a court of summary jurisdiction<br /> shall be done under the provisions of the Summary<br /> Jurisdiction Acts in England, Scotland and<br /> Ireland respectively. :<br /> <br /> 10. In this Act the several expressions to which<br /> meanings are assigned by the Act of 1902 have the<br /> same respective meanings.<br /> <br /> The expression “ plates” includes any stereotype<br /> or other plates, stones, or matrixes or negatives<br /> used for the purpose of printing or reproducing<br /> copies of any pirated musical work,<br /> <br /> 11. This Act may be cited as the Musical Copy-<br /> right Act, 1904, and this Act and the Act of 1902<br /> may be cited together as the Musical Copyright<br /> Acts, 1902 and 1904, and shall be construed<br /> together as one Act.<br /> <br /> 12. On and after the commencement of this Act<br /> the proprietor of the copyright in any musical<br /> composition first published after the commencement<br /> of this Act, or his assignee, shall print, or cause to<br /> be printed, upon the title page of every published<br /> copy of such musical composition the date of the<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> first publication thereof, and otherwise this Act and<br /> the Act of 1902 shall not apply.<br /> <br /> 13.—(1) This Act shall come into operation on<br /> the first day of October one thousand nine hundred<br /> and four, and shall extend to and apply in the Isle<br /> of Man as well as to and in the United Kingdom.<br /> <br /> (2) In the application of this Act to the Isle of<br /> Man all penalties recoverable under this Act and<br /> all Acts by this Act or the Act of 1902 authorised<br /> to be done by or in any court of summary juris-<br /> diction may be recovered or done before or by a<br /> high bailiff or two justices of the peace.<br /> <br /> 14. In the application of this Act to Scotland,<br /> the following provisions shall have effect. :—<br /> <br /> (1) All jurisdiction necessary for the purpose of<br /> <br /> this Act is hereby conferred on sheriffs :<br /> <br /> (2) In section five hereof the words “order (in<br /> <br /> which atime and place of hearing shall<br /> be named)” shall be substituted for the<br /> word “summons,” and the words “ after<br /> parties have been heard at such time and<br /> place as may be named in the order” for<br /> the words “on the hearing of the sum-<br /> mons,” and “at the hearing of the said<br /> summons”; and the words ‘“ without<br /> summons” in said section five (subsection<br /> two) shall not apply.<br /> <br /> 15. In any case to which an Order in Council<br /> under the International Copyright Acts applies in<br /> respect of musical copyright an_ extract from a<br /> register or a certificate or other document stating<br /> the existence of the copyright, or the person who is<br /> <br /> the proprietor of such copyright, if authenticated<br /> as directed by the seventh section of the Inter-<br /> national Copyright Act, 1886, may be deposited<br /> with the officer appointed by the Stationers’ Com-<br /> pany for the purposes of the Copyright Act, 1842 ;<br /> and the deposit of such extract, certificate, or<br /> document, and the registration of such extract,<br /> certificate, or document, on the books of the<br /> registry kept under the provisions of the Copyright<br /> Act, 1842, shall, for the purposes of this Act, be<br /> deemed to be the registration of a copyright within<br /> the meaning of the Copyright Act, 1842, and the<br /> owner of such copyright, or the person who, under<br /> the said section, is authorised for the purpose of<br /> any legal proceedings in the United Kingdom, and<br /> is deemed to be entitled to such copyright, shall,<br /> for the purposes of this Act, have all the rights<br /> and be subject to all the liabilities conferred and<br /> imposed on the owner of a copyright registered<br /> under the Copyright Act, 1842, or his authorised<br /> agent, and a true copy of such extract, certificate,<br /> or document may be given to and left with any<br /> person, Whenever a certified and stamped copy of<br /> an entry of a copyright in the book of registry is<br /> required by this Act to be produced to such person,<br /> <br /> THE AUTHOR.<br /> <br /> 237<br /> ENGLISH IN THE MAKING.*<br /> <br /> —_. &lt;4 —_<br /> <br /> HE knowledge of language and the study of<br /> English, ought to be to the author what the<br /> mixing of colours and the study of technique<br /> <br /> is to the artist.<br /> <br /> There are some artists who delight to boast<br /> their ignorance of technique. Their cult is small.<br /> Unfortunately there are many authors who attempt<br /> to write without any studied knowledge of language<br /> and the use of words. They do not make a boast<br /> of their ignorance. They are not cognisant of it.<br /> Nor are the semi-educated public who read their<br /> works.<br /> <br /> It is essential from time to time that a seer (in<br /> its original sense) should step forth and proclaim<br /> as Mr. Bradley has done in his book the causes by<br /> which the more remarkable changes in the language<br /> were brought about, and the effect which these<br /> changes have had on its fitness as an instrument<br /> for the expression of thought.<br /> <br /> He commences with a chapter on the making of<br /> English grammar. He continues by showing the<br /> extraordinary influence of foreign tongues upon the<br /> formation of the language. How the words of one<br /> tongue have been accepted, of another rejected<br /> without, in some cases, apparent reason.<br /> <br /> Then follows the process of word-making in<br /> England after English had become a settled speech,<br /> and lastly, chapters on the changes of meaning, and<br /> some makers of English.<br /> ~ To the author who would be an artist in language<br /> the last chapters are the most important. To<br /> know the right meaning of a word and its proper<br /> application, is half-way to the writing of clear and<br /> forceful English.<br /> <br /> The book does not deal with the subject<br /> exhaustively. Yet it may suffice to sow the good<br /> seed, and the seed in some cases may bring forth<br /> the good fruit. On this hope the book is recom-<br /> mended to all.<br /> <br /> —__—___+—&lt;—_+—___———_<br /> <br /> A ROUND STONE OR TWO.<br /> (EMBEDDED IN A Book.)<br /> <br /> —- + —<br /> <br /> «Those who live in glass houses should not throw stones.”<br /> Old Proverb,<br /> <br /> N a terse preface of justification Miss Findlater<br /> <br /> asserts (with a ‘‘ venture”) that such dwellers<br /> <br /> may : at least it is their privilege to throw a<br /> <br /> few. Then with well-considered aim from the<br /> <br /> honourable interior of her own glass Fiction-House,<br /> <br /> * “The Making of English,” by Henry Bradley. Pub-<br /> lished by Messrs. Macmillan &amp; Co.<br /> <br /> + “Stones from a Glass House,” by Jane Helen Findlater<br /> (James Nisbet &amp; Co., 68.).<br /> <br /> <br /> <br /> <br /> <br /> <br /> .238<br /> <br /> this novelist-critic proceeds to throw her stones<br /> straight from the shoulder—in eleven fairly hard-<br /> “hitting chapters. To be plain, Miss Findlater<br /> considers that the writer of fiction must know<br /> more than the mere reader of it, about the merits<br /> or defects of a story. ‘To have attempted to<br /> write fiction is to know its difficulties; and a<br /> realisation of these gives at once more leniency<br /> and more severity to criticism. The novelist will<br /> always judge technical faults severely ; because he<br /> knows that it is generally possible to avoid such<br /> blemishes by care and skill. But he will always<br /> be more merciful than the novel reader in judging<br /> faults of conception, knowing, as every writer does,<br /> that this is a matter over which the writer has<br /> very little control. The novelist has a further<br /> excuse for writing about novels—that no one can<br /> write about them with the same deep interest.”<br /> Miss Findlater says she has tried to treat some of<br /> our present-day fiction in a synthetic manner, so<br /> as to show the cause, development, and tendencies<br /> of each group of books. The present state of<br /> book reviewing is, she considers, extremely unsatis-<br /> factory. ‘Criticism, from being practised by the<br /> few and competent, has become a trade carried on<br /> by the many and singularly unfit. The first and<br /> most glaring defect in modern criticism is its<br /> tendency to over-praise. ‘I&#039;o spoil our authors by<br /> injudicious praise is quite as bad as, if not worse<br /> than, crushing, or trying to crush them by over-<br /> severity ; in either case the goose that lays golden<br /> eggs for a greedy public may be killed ; there is,<br /> however, a refinement of cruelty in the modern<br /> method of author-murder decidedly reminiscent of<br /> the butt of Malmsey. There should be a standard<br /> of art in the mind of every real critic by which<br /> we can measure the stature of each applicant for<br /> fame. The true critic is the author’s best friend.<br /> Moderate praise, temperate adjectives, a degree of<br /> fault-finding, and,a sympathetic appreciation for<br /> what is attempted as well as what is accomplished,<br /> these are the signs of the true critic. Reviewers<br /> have two snares laid ready for their unwary feet:<br /> they are apt either to hail some new-comer who is<br /> not a genius as if he were one; or they entirely<br /> fail to discern genius when they encounter it. It<br /> is always possible, however, to compare the scope<br /> of a new writer with that of his predecessors,<br /> however widely separated the form in which he<br /> finds expression may be from the models of other<br /> days. Does he touch life at as many points as<br /> they did? Is he as true to nature as they were ?<br /> It is on these things and not on the perpetually<br /> changing element of form that a writer’s claim to<br /> greatness must eventually rest. And until the<br /> critics realise this, that a book with small ideas<br /> cannot be great, and that greatness must be sought<br /> for in the constitution of a book, its essential ideas,<br /> <br /> THE AUTHOR.<br /> <br /> not till then will reviewing be other than it is,”<br /> “As Compared with Excellence” is the title of<br /> this excellent chapter on criticism and reviewing,<br /> Pressure on space prevents further quotation from<br /> this very interesting and thoughtfully written<br /> “Essay in criticism”’: it is well worth a careful<br /> perusal,<br /> $$ —_<br /> <br /> MAGAZINE CONTENTS.<br /> <br /> 9<br /> <br /> THE BOOKMAN,<br /> Cardinal Newman,<br /> <br /> <br /> <br /> THE CONTEMPORARY.<br /> <br /> The Nestor of Living English Poets.<br /> <br /> By T. Churton<br /> Collins. ;<br /> <br /> THE CORNHILL.<br /> <br /> How I traced Charles Lamb in Hertfordshire.<br /> Rev. Canon Ainger.<br /> <br /> Historical Mysteries. V. The Case of Elizabeth Canning.<br /> By Andrew Lang.<br /> <br /> THE FORTNIGHTLY,<br /> <br /> A French King’s Hunting Book. By W. and F. Baillie-<br /> Grohman.<br /> <br /> R. D. Blackmore and His Work.<br /> <br /> A Plea for a Reformed Theatre.<br /> thorpe.<br /> <br /> By the<br /> <br /> By James Baker,<br /> By Mrs, B. A. Cracken-<br /> HARPER’S.<br /> <br /> The Primitive Book. By Henry Smith Williams, LL.D.<br /> <br /> THE INDEPENDENT REVIEW.<br /> “ The Life of John Bunckle, Esq.” By John Fyvie.<br /> <br /> MACMILLAN’S MAGAZINE.<br /> The English Theatre. By G, G. Compton,<br /> <br /> THE MONTHLY REVIEW.<br /> <br /> Literature and History. By C. Litton Falkiner,<br /> <br /> THE NATIONAL REVIEW.<br /> <br /> Huxley. By Sir Michael Foster, K.C.B.<br /> <br /> THE NINETEENTH CENTURY.<br /> <br /> The State and Scientific Research. By Sir Michael<br /> Foster, K.C.B.<br /> <br /> Against a Subsidised Opera. By Hugh Arthur Scott,<br /> <br /> Lord Acton’s Letters. By The Right Honble. Sir<br /> Mountstuart Elphinstone Grant Duff, G.S,C.I.<br /> <br /> THe PALL MALL MAGAZINE.<br /> The Country of George Meredith. By William Sharp,<br /> More Avowals. By George Moore,<br /> <br /> TEMPLE BAR.<br /> <br /> “T Seminatori :” A Translation from D’Annunzio.<br /> A, H, Clay.<br /> <br /> By<br /> <br /> THE WORLD&#039;S WORK.<br /> Edward Elgar: His Career and his Genius, By Rose<br /> <br /> Newmarch.<br /> Continental Armies in Current Fiction. By Chalmers<br /> <br /> «Roberts,<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> WARNINGS TO THE PRODUCERS<br /> OF BOOKS.<br /> <br /> —_+—<br /> <br /> <br /> <br /> ERE are a few standing rules to be observed in an<br /> agreement. There are four methods of dealing<br /> with literary property :—<br /> <br /> I. Selling it Outright.<br /> <br /> This is sometimes satisfactory, if a proper price can be<br /> obtained. But the transaction sbould be managed by a<br /> competent agent, or with the advice of the Secretary of<br /> the Society.<br /> <br /> Il. A Profit-Sharing Agreement (a bad form of<br /> agreement).<br /> <br /> In this case the following rules should be attended to:<br /> <br /> 1.) Not to sign any agreement in which the cost of pro-<br /> duetion forms a part without the strictest investigation.<br /> <br /> (2.) Not to give the publisher the power of putting the<br /> profits into his own pocket by charging for advertisements<br /> in his own organs, or by charging exchange advertise-<br /> ments. Therefore keep control of the advertisements.<br /> <br /> (3.) Not to allow a special charge for “ office expenses,”<br /> unless the same allowance is made to the author.<br /> <br /> (4.) Not to give up American, Colonial, or Continental<br /> rights.<br /> <br /> (5.) Not to give up serial or translation rights.<br /> <br /> (6.) Not to bind yourself for future work to any publisher.<br /> As well bind yourself for the future to any one solicitor or<br /> doctor !<br /> <br /> III. The Royalty System.<br /> <br /> This is perhaps, with certain limitations, the best form<br /> of agreement. It is above all things necessary to know<br /> what the proposed royalty means to both sides. It isnow<br /> possible for an author to ascertain approximately the<br /> truth. From time to time very important figures connected<br /> with:royalties are published in Zhe Author.<br /> <br /> 1V. A Commission Agreement.<br /> <br /> The main points are :-—<br /> <br /> (1.) Be careful to obtain a fair cost of production.<br /> (2.) Keep control of the advertisements.<br /> <br /> (3.) Keep control of the sale price of the book,<br /> <br /> General.<br /> <br /> Allother forms of agreement are combinations of the four<br /> above mentioned.<br /> <br /> Such combinations are generally disastrous to the author.<br /> <br /> Never sign any agreement without competent advice from<br /> the Secretary of the Society.<br /> <br /> Stamp all agreements with the Inland Revenue stamp.<br /> <br /> Avoid agreements by letter if possible.<br /> <br /> The main points which the Society has always demanded<br /> from the outset are :-—<br /> <br /> (1.) That both sides shall know what an agreement<br /> means.<br /> <br /> (2.) The inspection of those account books which belong<br /> to the author. Weare advised that this is a right, in the<br /> nature of a common law right, which cannot be denied or<br /> withheld.<br /> <br /> (3.) Always avoid a transfer of copyright,<br /> <br /> —___—_+—&gt;_+—______—-<br /> <br /> WARNINGS TO DRAMATIC AUTHORS.<br /> <br /> gg<br /> EVER sign an agreement without submitting it to the<br /> Secrétary of the Society of Authors or some com-<br /> <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 /> <br /> THE AUTHOR.<br /> <br /> 239<br /> <br /> 3. There are three forms of dramatic contract for plays<br /> in three or more acts :—<br /> <br /> (a.) Sale outright of the performing right. This<br /> is unsatisfactory. An author who enters into<br /> such a contract should stipulate in the contract<br /> for production of the piece by a certain date<br /> and for proper publication of his name on the<br /> play-bills.<br /> <br /> (b.) Sale of performing right or of a licence to<br /> perform on the basis of percentages on<br /> gross receipts. Percentages vary between 5<br /> and 15 per cent. An author should obtain a<br /> percentage on the sliding scale of gross receipts<br /> in preference to the American system, Should<br /> obtain a sum inadvance of percentages. &lt;A fixed<br /> date on or before which the play should be<br /> performed.<br /> <br /> (c.) Sale of performing right or of a licence to<br /> perform on the basis of royalties (‘.c.. fixed<br /> nightly fees). This method should be always<br /> avoided except in cases where the fees are<br /> likely to be small or difficult to collect. The<br /> other safeguards set out under heading (.) apply<br /> also in this case.<br /> <br /> 4, Plays in one act are often sold outright, but it is<br /> better to obtain a small nightly fee if possible, and a sum<br /> paid in advance of such fees in any event. It is extremely<br /> important that the amateur rights of one-act plays should<br /> be reserved.<br /> <br /> 5. Authors should remember that performing rights can<br /> be limited, and are usually limited, by town, country, and<br /> time. This is most important.<br /> <br /> 6. Authors should not assign performing rights, but<br /> should grant a licence to perform. The legal distinction is<br /> of great importance.<br /> <br /> 7, Authors should remember that performing rights in a<br /> play are distinct from literary copyright. A manager<br /> holding the performing right or licence to perform cannot<br /> print the book of the words.<br /> <br /> 8. Never forget that United States rights may be exceed-<br /> ingly valuable. ‘They should never be included in English<br /> agreements without the author obtaining a substantial<br /> consideration.<br /> <br /> 9. Agreements for collaboration should be carefully<br /> drawn and executed before collaboration is commenced.<br /> <br /> 10, An author should remember that production of a play<br /> is highly speculative: that he runs a very great risk of<br /> delay and a breakdown in the fulfilment of his contract.<br /> He should therefore guard himself all the more carefully in<br /> the beginning.<br /> <br /> 11. An author must remember that the dramatic market<br /> is exceedingly limited, and that for a novice the first object<br /> is to obtain adequate publication.<br /> <br /> As these warnings must necessarily be incomplete, on<br /> account of the wide range of the subject of dramatic con-<br /> tracts, those authors desirous of further information<br /> are referred to the Secretary of the Society.<br /> <br /> OO<br /> <br /> WARNINGS TO MUSICAL COMPOSERS.<br /> <br /> 1<br /> <br /> ITTLE can be added to the warnings given for the<br /> assistance of producers of books and dramatic<br /> authors. It must, however, be pointed out that, as<br /> <br /> a rule, the musical publisher demands from the musical<br /> composer a transfer of fuller rights and less liberal finan-<br /> cial terms than those obtained for literary and dramatic<br /> property, The musical composer has very often the two<br /> <br /> rights to deal with—performing right and copyright. He<br /> <br /> <br /> 240<br /> <br /> should be especially careful therefore when entering into<br /> an agreement, and should take into particular consideration<br /> the warnings stated above.<br /> <br /> —__—_—_—_+—&lt;&gt;—_+____—_-<br /> <br /> HOW TO USE THE SOCIETY.<br /> <br /> — 1<br /> <br /> 1. VIERY member has a right to ask for and to receive<br /> advice upon his agreements, his choice of a pub-<br /> lisher, or any dispute arising in the conduct of his<br /> <br /> business or the administration of his property. The<br /> <br /> Secretary of the Society is a solicitor, but if there is any<br /> <br /> special reason the Secretary will refer the case to the<br /> <br /> Solicitors of the Society. Further, the Committee, if they<br /> <br /> deem it desirable, will obtain counsel’s opinion. All this<br /> <br /> without any cost to the member.<br /> <br /> 2. Remember that questions connected with copyright<br /> and publishers’ agreements do not fall within the experi-<br /> ence of ordinary solicitors. Therefore, do not scruple to use<br /> the Society.<br /> <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 /> <br /> 4. Before signing any agreement whatever, send<br /> the document to the Society for examination,<br /> <br /> 5. Remember always that in belonging to the Society<br /> you are fighting the battles of other writers, even if you<br /> are reaping no benefit to yourself, and that you are<br /> advancing the best interests of your calling in promoting<br /> the independence of the writer, the dramatist, the composer.<br /> <br /> 6. The Committee haye 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. ‘I&#039;he Society now offers :<br /> —(1) To read and advise upon agreements and to give<br /> advice concerning publishers, (2) To stamp agreements<br /> in readiness for a possible action upon them, (3) To keep<br /> agreements. (4) J&#039;o enforce payments due according to<br /> agreements. Fuller particulars of the Society’s work<br /> can be obtained in the Prospectus.<br /> <br /> 7. No contract should be entered into with a literary<br /> agent without the advice of the Secretary of the Society.<br /> Members are strongly advised not to accept without careful<br /> consideration the contracts with publishers submitted to<br /> them by literary agents, and are recommended to submit<br /> them for interpretation and explanation to the Secretary<br /> of the Society. ~<br /> <br /> This<br /> The<br /> <br /> 8. Many agents neglect to stamp agreements.<br /> must be done within fourteen days of first execution.<br /> Secretary will undertake it on behalf of members.<br /> <br /> 9. Some agents endeayour to preyent authors from<br /> referring matters to the Secretary of the Society; so<br /> do some publishers. Members can make their own<br /> deductions and act accordingly.<br /> <br /> 10. The subscription to the Society is £1 4s. per<br /> annum, or £10 10s for life membership.<br /> <br /> THE AUTHOR.<br /> <br /> THE READING BRANCH.<br /> <br /> —_ +o<br /> <br /> EMBERS will greatly assist the Society in this<br /> branch of its work by informing young writers<br /> of its existence. Their MSS. can be read and<br /> <br /> treated as a composition is treated by a coach. The term<br /> MSS. includes not only works of fiction, but poetry<br /> and dramatic works, and when it is possible, under<br /> special arrangement, technical and scientific works. The<br /> Readers are writers of competence and experience. The<br /> fee is one guinea,<br /> <br /> —__—~—¢<br /> <br /> NOTICES.<br /> ee<br /> <br /> HE Editor of Zhe Author begs to remind members of<br /> <br /> the Society that, although the paper is sent to them<br /> <br /> free of charge, the cost of producing it would be a<br /> <br /> very heavy charge on the resources of the Society if a great<br /> <br /> many members did not forward to the Secretary the modest<br /> 5s. 6d. subscription for the year.<br /> <br /> Communications for Zhe Author should be addressed to<br /> the Offices of the Society, 39, Old Queen Street, Storey’s<br /> Gate, S.W.. and should reach the Editor not later than<br /> the 21st of each month.<br /> <br /> All persons engaged in literary work of any kind,<br /> whether members of the Society or not, are invited to<br /> communicate to the Editor any points connected with their<br /> work which it would be advisable in the general interest to<br /> publish.<br /> <br /> Ne ee aE SEED<br /> <br /> Communications and letters are invited by the<br /> Editor on all subjects connected with literature, but on<br /> no other subjects whatever. Every effort will be made to<br /> return articles which cannot be accepted.<br /> <br /> Oe<br /> <br /> The Secretary of the Society begs to give notice<br /> that all remittances are acknowledged by return of post,<br /> and he requests members who do not receive an<br /> answer to important communications within two days to<br /> write to him without delay. All remittances should be<br /> crossed Union Bunk of London, Chancery Lane, or be sent<br /> by registered letter only. :<br /> <br /> LEGAL AND GENERAL LIFE ASSURANCE<br /> SOCIETY.<br /> <br /> ——<br /> <br /> ENSIONS to commence at any selected age,<br /> pP either with or without Life Assurance can<br /> be obtained from this socieiy.<br /> Full particulars can be obtained from the City<br /> Branch Manager, Legal and General Life Assurance<br /> Society, 158, Leadenhall Street, London, E.C.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> AUTHORITIES.<br /> <br /> eps<br /> <br /> N last month’s Author we stated that the<br /> J Masical Copyright Bill had passed the second<br /> reading in the House of Commons, had been<br /> referred to the Standing Committee on Law, had<br /> been amended by the Standing Committee after<br /> the hearing of evidence, and printed as amended.<br /> Some time has elapsed since this took place, and<br /> the Bill is no further advanced. We wonder<br /> whether it will meet the fate of all modern copy-<br /> right legislation, and be shelved to give place to<br /> measures which have a closer influence on party<br /> votes.<br /> In another column we publish the Bill as<br /> amended.<br /> <br /> Tur following letter has been forwarded to the<br /> Authors’ Society. We have much pleasure in<br /> giving it prominence :—<br /> <br /> 3rd May, 1904,<br /> * We believe that the friends of the late Sir Leslie Stephen<br /> would wish to give some outward expression of their affec-<br /> tion and regard for him,<br /> <br /> It has been suggested that in the first instance an<br /> engraving should be made of the portrait by Mr. G. F.<br /> Watts, R.A., and that copies should be presented to the<br /> London Library, to the Atheneum Club, to Harvard<br /> University, to Trinity Hall, Cambridge, and to other<br /> institutions with which Sir Leslie Stephen was closely<br /> associated. Mr. Sidney Colvin has kindly undertaken to<br /> superintend the execution of the work.<br /> <br /> The proposal is warmly approved by Sir Leslie Stephen’s<br /> family.<br /> <br /> It would be convenient if subscriptions and communica-<br /> tions be forwarded to Mr. Sidney Lee, 108, Lexham Gardens,<br /> Kensington, London, W.<br /> <br /> GEORGE MEREDITH.<br /> JAMES BRYCE.<br /> FREDERIC HARRISON,<br /> HENRY JAMES.<br /> <br /> A, C. LYALL.<br /> <br /> JOHN MORLEY.<br /> <br /> One of the members of the Society forwarded a<br /> poem to the editor of a well-known weekly religious<br /> paper. The editor as he was bound to do in cases<br /> where no payment is made, wrote to the author<br /> before publication, stating the fact, and was<br /> informed in answer that the member did not desire<br /> any remuneration.<br /> <br /> The writer was therefore all the more astonished<br /> to see his poem reproduced in the paper with one<br /> verse deliberately cut out.<br /> <br /> Considerable margin is very often given to<br /> editors in dealing with ephemeral matters in daily<br /> and even in weekly papers; but it is doubtful<br /> whether in a magazine, or in the case of literary<br /> work which, like a poem, is complete in itself,<br /> <br /> THE AUTHOR.<br /> <br /> 241<br /> <br /> the editor ever takes the liberty of acting in the<br /> manner set forth above.<br /> <br /> Yet one other instance comes to mind: Does<br /> not Mr. Oliver Wendell Holmes state in “The<br /> Autocrat of the Breakfast Table,” that he was<br /> commissioned by the committee of a certain society<br /> to write a poem for a festive gathering? He<br /> accordingly gave full praise to wine, and the<br /> pleasure of “ quaffing the flowing bowl,” and was<br /> astonished to find his poem reproduced with<br /> various alterations, owing to the fact that the<br /> society was a temperance society. In the book,<br /> the full poem with corrections, is printed.<br /> <br /> Such a mistake might justify the editor or the<br /> society in refusing the poem, but, surely, not in<br /> making the alterations.<br /> <br /> ONE of the daily papers has been much interested<br /> in the number of different nouns of multitude used<br /> in the English language, for the differentiation of<br /> animals and men, but the writers of the paragraphs<br /> seems to be unaware that a full list is given in one<br /> of the earliest books on sport, entitled “The Boke<br /> of St. Alban’s,” of which the first edition appeared<br /> in 1486, and the last in 1881.<br /> <br /> It is one of the most prized treasures of the<br /> <br /> older authors.<br /> <br /> bibliophile, containing treatises on hawking, hunt-<br /> ing, and coat-armour, mostly compilations from<br /> <br /> Out of the whole list we print a few examples<br /> which may prove of interest to some of our<br /> <br /> members.<br /> <br /> Herde of Swannys.<br /> <br /> Herde of Cranys.<br /> <br /> Herde of Harlottys.<br /> <br /> Bevy of Ladies.<br /> <br /> Bevy of Roos (Roes).<br /> <br /> Bevy of Quaylis.<br /> <br /> Sege of Heronnys.<br /> <br /> Mustre of Pecockys.<br /> <br /> Congregation of Peple<br /> (people).<br /> <br /> Hoost of Men.<br /> <br /> Fflight of Doves.<br /> <br /> Route of Knyghtis<br /> (Knights).<br /> <br /> Pride of Lionys (Lions).<br /> <br /> Sleuth of Beeris (Bears).<br /> <br /> Litter of Wellpis<br /> (Weips).<br /> <br /> Kyndyll of Yong Cattis<br /> (Kittens).<br /> <br /> Dryft of Tame Swyne.<br /> <br /> Harrosse of Horses.<br /> <br /> Rago of Coltis<br /> <br /> Rakoe \ (Colts).<br /> <br /> Trippe of Hares.<br /> <br /> Gagle of Geese.<br /> <br /> Brode of Hennys (Hens).<br /> <br /> Bedelyng of Dokis<br /> (Ducks).<br /> <br /> Scole of Clerks.<br /> <br /> Doctryne of Doctoris.<br /> <br /> Fightyng of Beggars.<br /> <br /> Drifte of Fishers.<br /> <br /> Rage of Maidenys<br /> (Maidens).<br /> <br /> Rafult of Knavys<br /> (Knaves).<br /> <br /> A Blush of Boys.<br /> Covy of Partriches.<br /> Desserte of Lapwyng.<br /> Fatt of Woodcockis.<br /> Congregation of Plevers.<br /> Swarme of Bees.<br /> Cast of Hawkis.<br /> Flight of Goshawks.<br /> Flight of Swallows.<br /> Teldyno of Rookes.<br /> Shrewdenes of Apis.<br /> <br /> <br /> <br /> <br /> 242<br /> <br /> A Nest of Rabbettis. A Pontifacalite of Pre-<br /> <br /> A Mute of Houndes. latis.<br /> A Kenet of Rachis. A Dignyte of Chanonys<br /> A Soundre of wilde (Canons).<br /> <br /> A Discretion of Prestis.<br /> A Rascalt of Boyes.<br /> A Blast of hunters.<br /> A Disworship of Scottis.<br /> <br /> Swyne.<br /> <br /> A Chase of Assis.<br /> <br /> A Multiplieng of Hus-<br /> bondis.<br /> <br /> At the request of the Marquess-of Lansdowne,<br /> an interesting return of the financial support<br /> given from State or Municipal Funds to dramatic,<br /> operatic, or musical performances in foreign<br /> countries, has been made by the various repre-<br /> sentatives of His Majesty in Europe, North and<br /> South America, and Cairo.<br /> <br /> It would appear that in nearly all countries<br /> such assistance is given—sometimes out of the<br /> Sovereign’s purse, as in Germany, sometimes out<br /> of the Government Funds, and not infrequently<br /> out of municipal funds.<br /> <br /> Support is given in various forms—by giving<br /> sites for theatres, by actually maintaining theatres<br /> at municipal or Government cost, or by paying the<br /> deficit in the annual statement of certain theatres.<br /> <br /> The two countries that do not appear to con-<br /> tribute in any way to operatic or dramatic perform-<br /> ances, are the United States and Great Britain,<br /> and the country which contributes most is<br /> France.<br /> <br /> Four national theatres in France occupy without<br /> payment the buildings in which they are situated,<br /> subject to certain not very onerous conditions, and<br /> Parliament grants annually a subsidy fixed some<br /> years since at the following figures :—800,000 frances<br /> (£32,000) for the Opera ; 300,000 frances (£12,000)<br /> for the Opera Comique ; 240,000 frances (£9,600)<br /> for the Theatre Francais; and 100,000 francs<br /> (£4,000) for the Odeon.<br /> <br /> In Belgium the subsidy seems to be granted, not<br /> merely to the performances, but also to the com-<br /> posers of musical and dramatic works. They are<br /> entitled to certain grants on those works which<br /> have passed successfully a committee appointed by<br /> the Government.<br /> <br /> In no other country does it appear that the<br /> subsidies are paid direct to the author or the<br /> composer. As, however, the work is bound to be<br /> written by a Belgian, they will not benefit the<br /> writers of any other country.<br /> <br /> The return has been collected in order to enable<br /> the Government to arrive at some conclusion on<br /> the question of the national opera or national<br /> drama for Great Britain, and will afford very<br /> favourable evidence for those who have been<br /> agitating in the matter.<br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> Str Henry M. Sranuey died on May 10th at<br /> his town residence, Richmond Terrace, Whitehall,<br /> <br /> With regret we chronicle the decease of one of<br /> the most distinguished explorers of modern times,<br /> In this character his first claim to fame was his<br /> finding of Livingstone in 1874, and his last the<br /> famous leadership of the expedition for the relief<br /> of Emin Pasha in 1885.<br /> <br /> His literary labours consisted mainly of the<br /> volumes written after his great journeys, though<br /> in his early days he had done considerable work as<br /> a journalist in New York. He had been a member<br /> of the Society for some years, no doubt prompted<br /> by a sympathetic feeling for his fellow authors, as<br /> he did not utilise the benefits of the society to any<br /> great extent.<br /> <br /> —_r-—<br /> <br /> MISS ELEANOR A. ORMEROD, LL.D.*<br /> <br /> — oe<br /> <br /> PYNHE Life of Miss Eleanor A. Ormerod, edited<br /> by Mr. Robert Wallace, has just been pub-<br /> lished by Mr. John Murray.<br /> <br /> It is the record of a life devoted to the benefit of<br /> her fellow creatures. Mr. Wallace calls her an<br /> “Economic Entomologist.” This is a_ highly<br /> technical description of the talented lady. Born<br /> of a good old Gloucestershire family, she was<br /> devoted from her childhood to the science of<br /> Natural History. As she grew in years she turned<br /> her knowledge to practical use for the good of<br /> others. She studied how she could remedy the<br /> many ills brought by insect pests to the farmer’s<br /> crops. Her work was carried on with untiring<br /> unselfishness, and with the greatest modesty.<br /> The book, which is a record of that work, is full<br /> of interest on account of the strong personality of<br /> the subject. The letters that Miss Ormerod wrote<br /> for the benefit of those who suffered were very<br /> numerous, and the subjects she dealt with brought<br /> her into correspondence with many of the best<br /> known scientists of the last century.<br /> <br /> Through her life she obtained much recognition<br /> of her untiring and useful work. She was presented<br /> with Gold Medals from the Royal Horticultural<br /> Society in 1900, and University of Moscow in 1872,<br /> and Silver Medals from the Royal Horticultural<br /> Society for Collection of Economic Entomology<br /> in 1870, Société Nationale d’Acclimatation de<br /> France Entomologie Appliquée in 1899, Inter-<br /> national Health Exhibition, London in 1884,<br /> Moscow Polytechnic Exhibition in 1872, and was<br /> the first woman to receive the honour of LL. D. of<br /> the University of Edinburgh.<br /> <br /> <br /> <br /> * Eleanor Ormerod, LL.D., Economic Entomologist,<br /> Autobiography and Correspondence, Edited by Robert<br /> (John Murray.)<br /> <br /> Wallace,<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> The Society of Authors, acknowledging her dis-<br /> tinction in the work which she had made her own,<br /> endeavoured also to show its recognition of the<br /> value of her studies. In the year 1896, twelve<br /> years after the foundation of the Society, it was<br /> decided to elect ladies us members of the Council.<br /> In order to show the wide extent of the Society’s<br /> work in all branches of Literature, the Committee<br /> desired to appoint some lady whose scientific<br /> researches and literary reputation would entitle<br /> her to this position. The lady best qualified<br /> was Miss Eleanor Ormerod, and her qualifica-<br /> tions were so great as to exclude all other com-<br /> petitors. She was unanimously elected a member<br /> swith five others—Mrs. Oliphant, Miss Charlotte<br /> M. Yonge, Mrs. Lynn Lynton, Mrs. Humphry<br /> Ward, and Miss Flora Shaw (Lady Lugard) the<br /> first lady members of the Council of the Society.<br /> <br /> <br /> <br /> —_—_______s—_&lt;—_2__—__—_<br /> <br /> FROM FAR WESTERN CANADA.<br /> eee<br /> <br /> HERE is no doubt plenty of the raw material<br /> <br /> of literature in British Columbia. But for<br /> <br /> the most part it is very raw, and accessible<br /> <br /> only to the adventurous. The wildest, the most<br /> picturesque, and the richest in natural resources of<br /> all the provinces of the Dominion of Canada, it is<br /> at the same time the most westerly. It fronts on<br /> the Pacific, and, therefore, is farthest away from<br /> such stores of literature, art, and learning as<br /> Canada possesses. To some extent, therefore, the<br /> conditions are disadvantageous. A belt of country<br /> on either side of the Canadian Pacific Railway has<br /> been written about with great assiduity, so that<br /> the traveller now knows what to expect after he<br /> has passed the vast expanse of the North-West<br /> prairies and begins to approach the inaccessible<br /> and snow-capped Rockies and Selkirks. | But<br /> those grand and silent barriers once passed and<br /> British Columbia entered, the explorer cannot fail<br /> to feel that he has come to a new region. The<br /> feeling will be accentuated, if with knapsack and<br /> gun on shoulder, he wanders away from the main<br /> avenue of traffic, through a land of mountains,<br /> lakes, streams, deer, bears, Indians, mountain<br /> goats, and scattered mining and ranching opera-<br /> tions. As the Switzerland of the Dominion, it<br /> has 400,000 square miles against Switzerland’s<br /> 16,000, and against the 121,000 of the United<br /> Kingdom. Its population of less than 200,000<br /> persons, 28,000 of whom are Indians, and 14,000<br /> Chinese, are chiefly occupied (with the exception<br /> of these interesting aliens and aborigines), in<br /> pushing their fortunes in mining, agriculture,<br /> fishing, ranching, lumbering, and politics. They<br /> are all, so to speak, up to the neck in natural<br /> resources the most splendid and various. The<br /> <br /> 243<br /> <br /> waters teem with fish, the soil is astonishingly<br /> productive, there is gold and copper in the hills,<br /> and the timber in the forests is of appalling<br /> magnificence. But, Tantalus-like, many of these<br /> pioneers are unable to take advantage of the wealth<br /> around them. The day has yet to come in British<br /> Columbia when the necessary capital for operations<br /> is bestowed with a wise and liberal hand. At the<br /> present time the astute financier of the United<br /> States is awaking to the unrivalled opportunities<br /> of the country, and cutting out the more<br /> elephantine Croesus of Britain. ‘The difference<br /> between them is that the American looks after his<br /> money and sees that it is put to good use, while<br /> the Britisher flings abroad his gold and lets it look<br /> after itself.<br /> <br /> It will be readily gathered that in a country of<br /> this kind, there is not much call for literature of<br /> the higher kind. There is a great sale of the<br /> ten-cent magazines of the United States. There<br /> would be an equally good sale of English periodicals<br /> if the postal arrangements of the United Kingdom<br /> were not so absurdly restrictive. Something lurid<br /> and dramatic in the way of a story is as much<br /> appreciated here as it is in other unformed and<br /> rudimentary communities, and the publishers of<br /> Toronto, as well as of the United States, supply us<br /> with a continuous succession of fresh literary<br /> mushrooms put up in the most taking style. It<br /> must, however, be allowed that there is a saving:<br /> remnant of cultured people who are glad to hear:<br /> the distant echoes of a life they once enjoyed, and<br /> who are the pioneers of art and literature in the<br /> midst of a life that is almost entirely devoted<br /> to subduing the earth and the pursuit of the<br /> dollar. The praiseworthy efforts that are being<br /> made by the Province in the cause of primary, and.<br /> to a small extent in secondary education, give<br /> room for the hope that its percentage of intelligent<br /> readers will ultimately not be less than that of<br /> Hastern Canada. Also, the library at the really<br /> fine Legislative Buildings at Victoria is much<br /> more “literary” than might be expected, and there<br /> is a Carnegie library in the city of Vancouver, con-<br /> taining a few works on history and science, and: —<br /> many volumes of fiction that are already redolent<br /> of microbes from frequent perusal.<br /> <br /> Besides, there are writers. The newspaper<br /> Press is far better than could be expected. British.<br /> Columbia has in E. Clive Philipps-Wolley a poet<br /> who, in his “Songs of an English Esau,” has<br /> shown that he possesses the divine gift in no small,<br /> measure, and who has also written a number of<br /> clever novels. Mrs. L. A. Le Fevre has written<br /> a creditable little book of verse, and she appears.<br /> also on the pages of Lord Dufferin’s very interesting<br /> <br /> volume to the memory of his talented mother..<br /> <br /> Mrs. Julia W. Henshaw has written several novels.<br /> <br /> <br /> 244<br /> <br /> besides many magazine articles. Mr. R. E. Gosnell,<br /> formerly Government Librarian and now Secretary<br /> of the Bureau of Provincial Information, is the<br /> author of the most important current standard<br /> work on the position and resources of the Province,<br /> as well as many cognate articles. He is also en-<br /> gaged on a Life of Sir James Douglas, the first<br /> Governor of the Province, The names of Agnes<br /> Deans Cameron, Isabel A. R. Maclean, and<br /> J. Gordon Smith, are on the list of those British<br /> Columbians who are doing honourable service with<br /> their pens ; and there may he others that a wider-<br /> sweeping or narrower-meshed net than the present<br /> writer is casting, might gather in.<br /> <br /> But even the briefest survey of things literary<br /> in British Columbia would be incomplete that did<br /> not mention the work of Father A. G. Morice,<br /> O.M.I., a French missionary-priest, who began his<br /> work among the Déné Indians of the interior in<br /> 1885. In addition to making a language for the<br /> Dénés, which he has reduced to written phonetic<br /> signs, he has contributed many philological papers<br /> and articles on aboriginal manners and customs to<br /> the proceedings of scientific societies. He is now<br /> engaged on a history of British Columbia, treating<br /> especially of its early days under the Hudson’s<br /> Bay régime, and the publication of this important<br /> work may be looked for during the present year.<br /> It is understood that it will contain much informa-<br /> tion from original sources, and that in some of its<br /> conclusions it will contradict the statements of<br /> former historians. Father Morice is possibly the<br /> only author of this continent who makes a practice<br /> of printing his own works. This was forced upon<br /> him in the first instance by the fact that he was<br /> too many miles, by forest trail, from any printer’s,<br /> to be able to avail himself of expert assistance in<br /> making and setting up the strange shorthand-<br /> looking type from which the Déné prayer books are<br /> printed. He therefore had his printing outfit<br /> “packed” out to the distant settlement and<br /> accomplished the typography with his own hands,<br /> Lying before me as I write is a very neatly-printed<br /> pamphlet of 74 pages, which the worthy Father<br /> set up and “worked off,” entirely unaided. It is<br /> entitled “A First Collection of Minor Essays,<br /> mostly Anthropological, by Rev. Father A. G.<br /> Morice, O.M.I., Hon. Mem. Philological Society of<br /> Paris, and of the Natural History Society of British<br /> Columbia, Corresponding Mem., Canadian Insti-<br /> tute, and the Geographical Society, Neufchatel.”<br /> <br /> Mrs. Julia W. Henshaw, whose name I have<br /> already mentioned, is at work on “A Book of<br /> Mountain Flowers,” which, when it is published,<br /> will be highly prized by those who are awake to<br /> the beauty and paramount interest of the western<br /> mountains from Alaska to the Sierras, Mrs.<br /> Henshaw is an expert in photography, and she is<br /> <br /> THE AUTHOR.<br /> <br /> making a most comprehensive collection of photo-<br /> graphs of the various plants im situ, which, of<br /> course involves much intrepid climbing. There is<br /> probably no one so well furnished for this task as<br /> this clever journalist. She has had much expe-<br /> rience in the mountains, and is an ardent sports-<br /> woman and a keen observer.<br /> Bernarp McEyoy.<br /> ———_-——_&gt; _____.<br /> <br /> THE BLACKMORE MEMORIAL.<br /> a,<br /> <br /> E regret that an account of the unveiling<br /> of the Blackmore Memorial in Exeter<br /> Cathedral was too late for insertion in the<br /> <br /> May number of The Author. An event so full of<br /> interest to members of the Society cannot pass<br /> unchronicled.<br /> <br /> No one could have had better qualifications for<br /> the duty than Mr, Phillpotts. He has long been<br /> known as a sincere writer on, and chronicler of<br /> the beauties of Devonshire. ‘To no one, therefore,<br /> would Mr. Blackmore’s work appeal more warmly.<br /> John Ridd, Davy Llewellyn, the Doone Valley, and<br /> the Bideford district must be to Mr. Phillpotts<br /> familiar faces and familiar places, so that his address<br /> was bound to come from the heart, and be touched<br /> with the same spirit which fired the author of<br /> “Lorna Doone” and “ The Maid of Sker.”<br /> <br /> Mr. James Baker, another member of the<br /> Society, had heen acting as Chairman of the Com-<br /> mittee and Mr. R. B. Marston as Honorary<br /> Secretary and Honorary Treasurer of the Fund.<br /> <br /> The Memorial took the shape of a tablet with a<br /> bas-relief head of the author and a stained-glass<br /> window. The marble tablet with the portrait was<br /> executed by Mr. Harry Hems, of Exeter, and is<br /> a good likeness. The window portraying the<br /> character of John Ridd was largely given by<br /> Mr. Perey Bacon. The corrected wording of the<br /> tablet is as follows :—<br /> <br /> This Tablet and the window above area tribute<br /> <br /> of admiration and affection to the<br /> memory of<br /> RICHARD DoDDRIDGE BLACKMORE, M.A.,<br /> Son of the Rey. John Blackmore,<br /> Educated at Blundell’s School, Tiverton, and<br /> Exeter College, Oxford (Scholar).<br /> Barrister of the Middle Temple, 1852.<br /> <br /> Author of “Lorna Doone,” * Springhaven,”<br /> <br /> and other works.<br /> Born at Longworth, Berks, 7 June, 1825,<br /> <br /> Died at Teddington, Middlesex, 20 June, 1900.<br /> <br /> “Insight, and humour, and the rhythmic roll<br /> Of antique lore, his fertile fancies sway&#039;d<br /> And with their various eloquence array’d,<br /> <br /> His sterling English, pure and clean and whole,”<br /> <br /> * He added Christian courtesy,and the humility<br /> <br /> of all thoughtful minds, to a certain grand, and<br /> glorious gift of radiating humanity.”<br /> Crapock NOWELL.<br /> <br /> <br /> <br /> <br /> pom val NO Sige | pod eh<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> The great nave of the Cathedral was filled with<br /> visitors from all parts of the kingdom when Dean<br /> Earle, Bishop of Marlborough, the Bishop of<br /> Crediton, the Chapter and Choir passed in pro-<br /> cession to the north-west door, where the monu-<br /> ment is erected. Mr. Eden Philpotts here gave<br /> his eloquent address upon Blackmore as a writer<br /> and as a man, and then unveiled the monument<br /> and window. The Dean, in an interesting speech,<br /> recalled the literary memories of the Cathedral,<br /> and eulogised the work of Blackmore. Mr. James<br /> Baker followed, referring to the elevating power of<br /> Blackmore’s writing, and thanked all, American<br /> and English, who have helped forward the work of<br /> the Committee. The special service, including the<br /> collect written by the Dean for the occasion, was<br /> then proceeded with, and at its conclusion the<br /> Dean welcomed the friends of Mr. Blackmore at<br /> the Deanery, giving an opportunity for hearing<br /> many a reminiscence of Blackmore and his work.<br /> <br /> —_—_——_——_—__—_+—____——_<br /> <br /> POSTAL RATES.<br /> <br /> ——_——+—<br /> A CANADIAN GRIEVANCE.<br /> <br /> S in the United States, so in England, the<br /> question of Postal Rates has been brought<br /> prominently forward.<br /> <br /> The Committee of the Society, the Publishers’<br /> Association, and the Chamber of Commerce have<br /> used their influence with but poor effect as far as<br /> British Postal Rates are concerned. Yet the point<br /> raised would appear to be more than a mere question<br /> of authors’ and publishers’ rights, and of the best<br /> way of marketing their wares. Under existing<br /> conditions Canada is an especial sufferer. A<br /> Canadian bookseller writes :—<br /> <br /> “We sell American periodicals better because they are<br /> cheaper. They cost almost the same at the offices of publi-<br /> cation, but. the difference in postage is so great, that the<br /> British magazine (value for value) costs the purchaser<br /> about double the price of the American.<br /> <br /> “ A few figures will show you how this affects our sales,<br /> We sell about<br /> <br /> BRITISH, AMERICAN.<br /> 45 Royal. 215 Strand (American<br /> 60 Harmsworth. edition).<br /> 55 Windsor. 125 Pearson’s (American<br /> 15 Young Ladies’ Journal, edition).<br /> <br /> 8 Pall Mall. 180 Munsey.<br /> <br /> 2 Studio. 60 McClures’,<br /> 2 Connoisseur. 165 Ladies’ Home<br /> 9 Chambers’ Journal, Magazine.<br /> <br /> 15 Century.<br /> 15 Harper’s Monthly.<br /> 14 Scribner’s.<br /> 67 Smart Set.<br /> “ We have a long list of subscriptions for English periodi-<br /> cals, but we sell few of any one.<br /> “That Canadians would gladly buy British periodicals,<br /> if not too expensive, is shown by the number of Zhe<br /> <br /> 245<br /> <br /> Strand and Pearson&#039;s we sell. These cost us 74 cents<br /> in New York, and are mailed to us at 1 cent per lb.<br /> (this we pay), while if we bought the English editions we<br /> should pay about 9 cents in London and 8 cents a lb.<br /> postage. Should the American edition of Zhe Strand be<br /> withdrawn, and we be compelled to buy the English<br /> edition, our sales would soon drop down to forty or fifty<br /> copies per month.<br /> <br /> “I have taken these two magazines as typical : the same<br /> can be said of every popular English periodical published.<br /> Can you not see how very important this question of<br /> postage is? How the authorities at home are compelling<br /> the Canadian public to buy American publications, publi-<br /> cations that are often openly anti-British? Can you not<br /> see that this system hits every writer of English fiction,<br /> by closing a large part of his market, and by preventing<br /> his name becoming familiar with a book-buying com-<br /> munity? Can you not see, too, how we are teaching the<br /> rising Canadian generation American methods and ideas,<br /> by forcing such publications upon them? In Eastern<br /> Canada it has been suggested that a change be made in<br /> the tariff laws, and in-coming magazines be made duti-<br /> able. This would not meet the case at all, as the duty<br /> would be a tax upon British as well as American publica-<br /> tions. It would only compel the American publishers to<br /> sell by direct subscription through agents (duty cannot be<br /> levied upon single copies). The periodical business would<br /> thus be taken out of the booksellers’ hands, and the situa-<br /> tion would not be relieved one iota.<br /> <br /> “No, the only cure is a cut in the English postal rate. If<br /> the United States can afford to mail such matter from New<br /> Orleans to Alaska for 1 cent. a lb., surely the British<br /> Government can afford to charge less than 8 cents. per Ib.<br /> for mailing the same matter between London and Montreal.<br /> <br /> But it is not only the Canadian trade that suffers.<br /> The Canadian is patriotic and Imperialistic. He<br /> is proud of being a member of the Empire, and he<br /> desires that his children should be nurtured with<br /> British ideas. He feels more than hurt, therefore,<br /> that, owing to a difficulty which might be easily<br /> remedied, the United States literature is gaining<br /> a large circulation in the Dominion and spreading<br /> views which he considers to be unhealthy and<br /> unsound.<br /> <br /> That the feeling is strong may be gathered from<br /> the contents of an article written by Mr. J. A.<br /> Cooper, editor of “The Canadian Magazine,” ”<br /> which appeared in The Toronto News. In it he<br /> states as follows :—<br /> <br /> “At present news-dealers’ counters are loaded with<br /> United States publications. The newsboys throughout<br /> the country peddle the cheapest of United States journals,<br /> The boys and girls of Canada are fed upon literature which<br /> is anti-Canadian and often immoral. On almost every<br /> Canadian table the flamboyant, sensational journals of<br /> the United States are given the place of prominence.<br /> British publications reach only the newspaper offices and<br /> a few of the large public libraries. Canadian publications,<br /> other than newspapers, are given slight consideration,<br /> though a few are making a plucky fight against national<br /> indifference.<br /> <br /> “Tf this country is to remain British in sentiment and<br /> material interests, there must be a greater familiarity with<br /> British literature and political discussions. If trade between<br /> Canada and Great Britain is to grow, there must be a mutual<br /> exchange of newspapers and class journals, At present<br /> Canada studies only United States politics, industrial<br /> methods, and advertisements.’’<br /> 246<br /> <br /> Commenting on the large circulation of United<br /> States periodicals, Mr Cooper states as follows :—<br /> <br /> “The answer must be divided into two parts: First,<br /> as to British publications ; second, as to Canadian. British<br /> magazines and weeklies are crowded out of their market<br /> partly because the British publisher has made little attempt<br /> to keep them thereand partly because of official indifference.<br /> The British publisher once had a fairly good trade in<br /> Canada, but he bartered his inheritance for a mess of<br /> pottage. For example, the “Strand’’ and “ Pearson’s ”’<br /> sold here are not English editions. The sharp Yankee did<br /> not want English advertisements to circulate in the United<br /> States or Canada; therefore he bought the right to sell<br /> these two magazines in America. He gets out an imitation<br /> of the English publication of the same name, fills it with<br /> United States articles and United States advertisements,<br /> and it is these editions that Canada buys. Examine any<br /> copy of each of these publications and you will see that<br /> this is true. Trade follows the advertisement nowadays,<br /> not the flag ; therefore the wily United States manufacturer<br /> looks after the advertising pages of what his countrymen<br /> read, and of what Canadians read.<br /> <br /> “ Attempts have been made to induce the British Govern-<br /> ment to allow monthly magazines and monthly class papers<br /> to be mailed from Great Britain to Canada at one cent per<br /> pound, instead of eight cents, in order to meet United<br /> States competition ; but the British Postmasters-General<br /> cannot see any necessity fora change. They see no reason<br /> why English periodicals should sell in Canada—why British<br /> literature would be good for British connection—why<br /> British advertisements would be good for British trade.<br /> They may see it some day, but tkey refuse to see it now.<br /> They are as blind to their best interests on this continent<br /> as they were in the days of the American Revolution.<br /> When Austen Chamberlain was Postmaster-General, he was<br /> waited on by a large deputation from British Chambers<br /> of Commerce and certain publishing interests, but he was<br /> unconvinced. The matter has been discussed several times<br /> in the British House of Commons, but the appeal fell on<br /> deaf ears.”<br /> <br /> Mr. Cooper dwells many hundreds of miles from<br /> the writer of the printed letter, and a longer<br /> distance from Mr. McEvoy, of British Columbia,<br /> who kindly contributes an article from far Western<br /> Canada. Yet the last named makes a similar<br /> complaint against postal rates and United States<br /> literature.<br /> <br /> If the United States are working for postal reform<br /> merely with a business end in view,—to get better<br /> sales and a large circulation, surely the British<br /> Author and the British Publisher should make<br /> some greater effort, when in addition to the<br /> stimulus of business they have also the Imperial<br /> ideal. Imperial Penny Postage was, no doubt, a<br /> great bond of union, and worked with great power<br /> for the extension of ideas between the dwellers<br /> in the Empire, but the printed book, Empire-<br /> circulated, would have still greater influence.<br /> Imperial copyright is one great factor; this<br /> already exists. It is to be hoped that at no<br /> distant date the author may be able to distribute<br /> his property throughout the Empire with the same<br /> ease with which he now controls it,<br /> <br /> 1s: 1,<br /> <br /> 1<br /> <br /> THE AUTHOR.<br /> <br /> A CAPE LETTER,<br /> <br /> —— +<br /> <br /> <br /> <br /> ONTRARY to expectations, the Artistic<br /> Copyright Bill described in my last letter<br /> failed to pass into law, owing to the abrupt<br /> <br /> termination of the Parliamentary session and dis-<br /> solution of the Houses which followed the Minis-<br /> terial crisis of last year. The new Attorney-General<br /> has expressed his entire sympathy with the measure,<br /> and has promised to introduce it at the earliest<br /> possible date ; but, with the session half over<br /> and an Opposition policy of stubborn obstruction<br /> impeding business, there appears little hope of a dis-<br /> cussion of the Bill before the next prorogation takes<br /> place. In the new Parliament, of course, the pro-<br /> gress made last year counts for nothing ; were it<br /> otherwise, little time would be required to end the<br /> Bill’s vicissitudes.<br /> <br /> Musical piracy, so often referred to in The<br /> Author, seldom finds an exponent in this Colony ;<br /> but a person named Simmonds, residing in Cape<br /> Town, has lately been the object of legal atten-<br /> tions by the Musical Copyright Company, Messrs.<br /> Chappell &amp; Co., Ltd., and Messrs. Boosey &amp; Co.,<br /> in regard to unauthorised editions of various songs.<br /> In the case of the first-named plaintiff the Supreme<br /> Court has ordered an account to be kept, and in<br /> that of the third-named it has granted an interdict<br /> and the surrender of the copies, in both cases pend-<br /> ing an action; whilst the Resident Magistrate’s<br /> Court has awarded Messrs. Chappell damages to<br /> the extent of £20, the limit of jurisdiction.<br /> <br /> As a result of a certain transaction in dramatic<br /> rights, a shameful attempt at money-wringing has<br /> come before the Supreme Court. A Cape Town<br /> merchant named Koenig sued the proprietress of<br /> the now dissolved theatrical company known as<br /> Hall’s Australian Juveniles for a sum of £1,260<br /> (plus interest), representing performing fees on<br /> certain musical plays. From the evidence it<br /> appeared that plaintiff, who had a diverse con-<br /> nection with the Company, was engaged by its<br /> proprietors to secure certain rights; the assign-<br /> ment of these rights he quite unjustifiably obtained<br /> in his own name, on the strength of which fact he<br /> now claimed the rights as his own property. The<br /> Court unhesitatingly dismissed the plea, save as<br /> regarded an amount whiclr had been tendered by<br /> defendant, to cover royalties for which plaintiff<br /> was liable under the assignments. This amount,<br /> with costs to date of plea, was-awarded to plaintiff,<br /> by whom, however, the remaining costs were<br /> ordered to be paid. The sum claimed, which was<br /> reckoned on a basis of £15 15s. per night, was<br /> in itself preposterous; reliable evidence being<br /> adduced to show that the ordinary charge for the<br /> right of playing these musical pieces in South<br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> African towns ranged from £1 to £3, or in<br /> exceptional cases £5, per night.<br /> <br /> From judicial decisions we may turn to judicial<br /> authorship. Two volumes of “ The Institutes of<br /> Cape Law,” by the Hon. A. F. S. Maasdorp, B.A.,<br /> Chief Justice of the Orange River Colony, have<br /> been published by Messrs. J. C. Juta &amp; Co., Cape<br /> Town, and a third is to follow. Asub-title describes<br /> the work as “a Compendium of Common Law,<br /> Decided Cases, and Statute Law of the Colony of<br /> the Cape of Good Hope,” and Books I. and II.<br /> respectively deal with “The Law of Persons” and<br /> “The Law of Things”; whilst the remaining<br /> volume will have for its subject “The Law of<br /> Obligations.” In his preface, the author disclaims<br /> all pretence to original research, the work being<br /> simply a welding together of earlier text-books,<br /> with the latter’s. contradictions and archaicisms<br /> harmonised and brought up to date. Each volume<br /> is prefixed by a long table of cases cited, and the<br /> foot of every page is well weighted with references<br /> to authorities.<br /> <br /> In “ On Circuit in Kafirland, and Other Sketches<br /> and Studies” (London: Macmillan &amp; Co., Ltd. ;<br /> Cape Town: J. C. Juta &amp; Co.), the Hon. Perceval<br /> M. Laurence, LL.D.. has collected a number of<br /> papers which have previously appeared in the South<br /> African Law Journal and elsewhere. “They are<br /> rather a mixed lot,” says the author, “representing<br /> some of the recreations, legal and literary, of a<br /> colonial judge.” Two of the papers deal with cireuit<br /> reminiscences, four with legal matters ; three are<br /> biographical sketches ;_ whilst the volume closes<br /> with a short story translated from the French, and<br /> an address on Dr. Johnson. Apologising for the<br /> last-named item, the genial judge gives notice that<br /> “well-informed people are respectfully warned off!”<br /> The subjects of the biographical papers are respec-<br /> tively Cecil Rhodes, Lord Russell of Killowen, and<br /> Sir Frank Lockwood.<br /> <br /> A number of books treating of South African<br /> affairs from the inside have been issued from<br /> British houses during the last few months. One<br /> of the most notable of these is “The Essential<br /> Kafir,” by Dudley Kidd (London: A. &amp; C. Black),<br /> which professes to be a composite portrait of the<br /> South African native, without distinction of tribes.<br /> The word “ Kafir” is used in a very wide sense,<br /> embracing many tribes, the “ essential ” likeness<br /> underlying whose variations Mr. Kidd has en-<br /> deavoured to depict. The book is “intended to<br /> serve as a warm-blooded character-sketch of the<br /> South African natives, in which everything that<br /> is of broad human interest takes precedence of<br /> departmental aspects of the subject.” A hundred<br /> exceptionally fine full-page photogravures grace<br /> the volume.<br /> <br /> ‘A more modest work on an allied subject is “The<br /> <br /> 247<br /> <br /> Native Problem in South Africa,” by Alex. Davis,<br /> appended to which is “A Review of the Problem in<br /> West and West Central Africa,” by W. R. Stewart<br /> (London: Chapman &amp; Hall, Ltd.). This contains<br /> chapters on “ Native Character and Customs” and<br /> on the “Influence of Exeter Hall,” several others<br /> being grouped under the general heading of “ Mines<br /> and Labour.” “It is an endeavowr to enlighten<br /> the British public on the question, and place before<br /> the authorities in power sufficient connected data<br /> to enable them to understand the real position in<br /> Africa.”<br /> <br /> Under the somewhat vague title of “ The African<br /> Colony : Studies in the Reconstruction” (London :<br /> Wm. Blackwood &amp; Sons), Mr. John Buchan, for-<br /> merly private secretary to Lord Milner, has pro-<br /> duced a volume designed to supply the inquiring<br /> Uitlander with some fuller information concerning<br /> South Africa than that derivable from statistics.<br /> He has divided his subject into three parts,<br /> historical, geographical, and political ; and an index<br /> and a map are provided.<br /> <br /> “ Happy Days and Happy Work in Basutoland,”<br /> by the Deaconess 8. B. Burton (London: 8.P.C.K.),<br /> is a chatty little volume devoted to missionary life<br /> among the Basutos. here are a preface by the<br /> Right Rev. Bishop Webb, Dean of Salisbury, and<br /> several illustrations. Another minor publication,<br /> also illustrated, is an anonymous ‘‘ Memoir of the<br /> Life and Work of Rev. John Brebner, M.A., LL.D.,<br /> late Superintendent of Education in the Orange<br /> River Colony” (Edinburgh: Lorimer &amp; Chalmers).<br /> <br /> “Old Cape Colony,” by Mrs. A. F. Trotter<br /> (London: A. Constable &amp; Go.), is “a chronicle of<br /> the Colony’s men and houses from 1652 to 1806.”<br /> Some of the material for this book appeared in a<br /> Christmas number of the Cape Times, entitled “ Old<br /> Cape Homesteads,” some five years ago. Mrs.<br /> Trotter brings to her task a keen enthusiasm.<br /> The volume contains reproductions of a number of<br /> her own drawings, and is affectionately dedicated<br /> to her “ unpunctured bicycle.”<br /> <br /> “Natal: An Illustrated Official Railway Guide<br /> and Handbook of General Information,” compiled<br /> and edited by ©. W. Francis Harrison (London :<br /> Payne Jennings), is a substantial volume, con-<br /> taining a large fund of detailed information, and<br /> provided with a profusion of good photogravures,<br /> and with plans and maps.<br /> <br /> From a Hamburg house (Cape Town: J. C.<br /> Juta &amp; Co.) comes “The Native or Transkeian<br /> Territories, or Kaffraria Proper,” a handbook of<br /> the history, resources, and productions of that<br /> portion of Cape Colony, compiled by Caesar C.<br /> Henkel, who is also responsible for the excellent<br /> photographs with which it is illustrated. A large<br /> map accompanies the book.<br /> <br /> ‘A series of artistic souvenirs, under the general<br /> 248<br /> <br /> title of “ Brydone’s Tourist Handbooks,” has been<br /> published in Cape Town, the booklets issued de-<br /> scribing ‘ Groote Schuur,” “Cape Town,” “ A Trip<br /> round the Kloof,” and ‘Table Mountain.” Among<br /> other small local publications are “Glimpses in<br /> Rhyme,” by A. Cunningham-Fairlie, a collection<br /> of miscellaneous verse; ‘ Looking Forward,’<br /> repnted to be.the work of a spirit signing itself<br /> “ Aziel ”—a sort of South African “ Julia ”—-who,<br /> in a series of letters to Earth, communicates a<br /> Dantesque description of the world beyond ; “ The<br /> Mountain Club Annual,” an illustrated record of<br /> Cape mountaineering.<br /> <br /> Two works by residents in this Colony, but<br /> otherwise unconnected with the country, are<br /> ‘‘ Shakespeare’s Books,” by H. R. D. Anders, B.A.<br /> and “ The Bible from the Standpoint of the Higher<br /> Criticism of the Old Testament,” by Rev. R.<br /> Balmforth (London : Swan Sonnenschein &amp; Co.).<br /> <br /> Not the least important fruits of colonial author-<br /> - ship are the volumes of “ Transactions of the South<br /> African Philosophical Society,” a number of which<br /> have appeared during recent months ; whilst the<br /> South African Association for the Advancement of<br /> Science has initiated a similar series with its first<br /> annual report, just published. ‘he latter body<br /> has, within the last few weeks, concluded its second<br /> annual session, the proceedings at which will pro-<br /> vide matter for its next volume.<br /> <br /> New magazines have been less frequent of late.<br /> Of those issued, three deal with commercial and<br /> trade matters, viz., Zhe African Insurance, Bank-<br /> ing, andCommercial Gazette, edited by R. R. Brydone;<br /> The Colonist, edited by E. Verne Richardson; and<br /> Lhe South African Clay Worker and Builder. The<br /> Examiner, whose brief existence was recorded in a<br /> previous letter, has been succeeded by The New<br /> Era, a weekly review published in Cape Town,<br /> and edited, like its predecessor, by Chas. H.<br /> Crane.<br /> <br /> In the course of his last annual report to Parlia-<br /> ment, Dr. G. M. Theal, the colonial historiographer,<br /> bitterly complains of the treatment received by his<br /> “ History cf South Africa.” Unable, in any case,<br /> to repay the great cost of production, the volumes<br /> are undersold by others whose contents have been<br /> extracted from them. Dr. Theal has now accepted<br /> a proposition, made by his publishers, to issue a<br /> new edition of the work at so low a price that the<br /> buccaneers will find reproduction unremunerative.<br /> This edition will contain additional matter, and<br /> will occupy seven volumes, as against the six of<br /> the previous edition.<br /> <br /> The Keeper of the Archives, Rev. H. C. V.<br /> Leibbrandt, though he has been busy at various<br /> sections of his work, has, owing to the late disso-<br /> lution of Parliament, not yet been able to publish<br /> any of the matter which is ready for press.<br /> <br /> THE AUTHOR<br /> <br /> <br /> <br /> There died at Johannesburg a short time ago<br /> Dr. M. J. Farrelly, author, among other works, of<br /> “The Settlement after the War,” an authority on<br /> international and constitutional law, and adviser<br /> on these subjects to the Government of the late<br /> South African Republic.<br /> <br /> Another writer has passed away in the person of<br /> Mr. J. D, Ensor, Serjeant-at-Arms to the House of<br /> Assembly. Before coming to this country about<br /> twenty-three years ago, Mr. Ensor had been for<br /> some fifteen years on the staff of the Daily Tele-<br /> graph, for which he acted as war colrespondent in<br /> Mexico. He was also intimately connected with the<br /> Boy’s Own Paper, and for a time acted as amanu-<br /> ensis to W. H, G. Kingston. He came out here<br /> for the benefit of his wife’s health, relinquishing<br /> journalism for a Civil Service appointment.<br /> Literary work, however, continued to claim some<br /> of his time, and a couple of volumes of “Kafir<br /> Stories” are recorded to his credit.<br /> <br /> Sypnky YorKeE Forp.<br /> Cape Town, April 27th, 1904.<br /> <br /> ———_—_——_+—@— —___<br /> <br /> INTERNATIONAL COPYRIGHT.<br /> <br /> —1~&gt;— +<br /> <br /> “ ECUEIL des Conventions et Traités con-<br /> cernant la Propriété Littéraire et Artisti-<br /> que publiés en Francais et dans les<br /> <br /> langues des pays contractants avec une introduc-<br /> <br /> tion et des notices par le Bureau de l&#039;Union<br /> <br /> Internationale pour la Protection des C&amp;uvres<br /> <br /> Littéraires et Artistiques.” Berne, 1904. 8vo.<br /> <br /> Pp. xxxli. 876,<br /> <br /> The benefits conferred upon authors by the<br /> labours of the Berne Bureau of the International<br /> Union for the Protection of Literary and Artistic<br /> Property are so justly and universally appreciated<br /> by the whole literary profession, and the value of<br /> the works that have from time to time been<br /> published under the auspices of the Bureau is so<br /> generally realised by all students of international<br /> copyright (and not less by those who approach its<br /> problems from the ethical and philosophical stand-<br /> point than by those who concern themselves with<br /> the legal aspect alone) that the last publication put<br /> forth by the Bureau in a handsome volume of more<br /> than nine hundred pages might well stand suffi-<br /> ciently recommended by the prestige of its prede-<br /> cessors. But it may be asserted without hesitation,<br /> and without the least fear of preparing a disappoint-<br /> ment for any one, that the collection of legal<br /> documents and of notes and observations accom-<br /> panying them which has been recently produced<br /> under the title above quoted exceeds in value and<br /> interest all previous publications that have emanated<br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> from the same source. As a manual of inter-<br /> national copyright law it is both fuller and brought<br /> more nearly up to date than any other with which<br /> we are acquainted, and at the same time presents<br /> an important feature possessed by no other work<br /> of the same scope in the presentation of all the<br /> leval texts in their original languages” ; whilst<br /> the comments and notices interspersed among the<br /> legal texts represent an invaluable history of the<br /> appreciation, the present position, and the future<br /> prospects of copyright in the various countries,<br /> which is not only unique but must be also of the<br /> highest interest to all intellectual readers.<br /> <br /> Some work of this kind which should show<br /> the whole of the present situation of international<br /> copyright in a single view has long been a desidera-<br /> tum. So long ago as 1891 M. Jules Lermina, the<br /> Secretary of the International Literary Associa-<br /> tion, declared that it was desirable to have exact<br /> reports of the views held regarding international<br /> copyright by the various countries. The sub-<br /> stance of what these several reports would have<br /> contained is here collected and presented to the<br /> lawyer and student in a single volume ; and the<br /> compilers are undoubtedly justified in remarking<br /> in the “ advertisement ” which they have placed at<br /> the opening of their work that “collections of this<br /> kind are a direct assistance to the propagation of<br /> equitable ideas, to the formulation of lucid legisla-<br /> tion, and to the preparation of means for a con-<br /> stantly more and more complete unification of<br /> measures for mutual protection.” The lessons<br /> suggested by a perusal of the volume are indeed<br /> innumerable, and not the least striking of them is<br /> the occasion which the facts here recorded present<br /> for some painful reflections upon the want of pro-<br /> portion between the boasted intellectual advance-<br /> ment of certain countries and the evidence their<br /> legislatures give of the national appreciation of<br /> intellectual rights; whilst it is impossible not to<br /> be struck by the self-restraint and sanity of the<br /> remarks which deal with the lines upon which it is<br /> alone possible to hope for some advance towards a<br /> greater consistency of profession and practice.<br /> <br /> The compilers must be particularly congratulated<br /> both upon the skill with which they have in this<br /> work managed to group and present the ency-<br /> clopaedic mass of matter with which they were<br /> called upon to deal, and upon their success in<br /> having made a volume of an engaging character<br /> out of materials that might have been perusable<br /> only by specialists and statisticians.<br /> <br /> The book is primarily divided into two parts.<br /> Of these the former is wholly in French (the<br /> <br /> <br /> <br /> * Japan forms a solitary exception; the difficulties of<br /> presenting the language in Roman characters having<br /> limited the production of the Japanese treaties to a French<br /> translation,<br /> <br /> 249<br /> <br /> official language of the International Bureau), and<br /> consists of two sections ; 1. International Unions,<br /> that of Berne, (1886, 1896), that of Montevideo<br /> (1887), and that of the Hague (1896) ; 2. Par-<br /> ticular Conventions between several pairs of States.<br /> In this section short *t Notices ” relate the history of<br /> copyright in the several states, and also sketch the<br /> present literary situation. Here are to be found,<br /> in alphabetical order, not those countries alone<br /> which have entered into agreements of international<br /> copyright, but all whose literatures have any claim<br /> to consideration. The latter part of the book<br /> presents first five authorised translations of the<br /> text of the Berne Convention, German, English,<br /> Spanish, Italian, and Norse, in this order; and<br /> then similar translations of the Convention of<br /> Montevideo. Its second section consists of the<br /> Particular Conventions in the original languages<br /> from which the French translations in the first<br /> part of the book are made. An appendix, similarly<br /> divided into a French and a polyglot section, con-<br /> tains additions bringing the work up to date, and<br /> the Danish version of the Berne Convention, received<br /> whilst the work was in the press. The whole is<br /> preceded by an introduction which sketches the<br /> history of International copyright from its earliest<br /> origins, gives an account of the existing Inter-<br /> national Literary Unions, and describes the develop-<br /> ments that have, since its foundation, taken place<br /> in the Berne Union.<br /> <br /> Whilst the legal documents, and especially the<br /> polyglot originals (calculated to arrest the atten-<br /> tion of the linguist even if he has neither legal nor<br /> copyright sympathies), must figure as the most<br /> substantially important portion of the work, much<br /> that is of superlative interest is included in the<br /> interspersed “ Notices” which trace the copyright<br /> and literary history of all states that can rightly<br /> make any claim to be considered. These little<br /> résumés Which, as well as the introduction, are from<br /> the pen of M. Ernest Roetlisberger, the Secretary<br /> of the Bureau, are particularly admirable. In a<br /> few lines they sketch lucidly the history of copy-<br /> right in the various countries, the views at present<br /> held in each instance respecting it, and give an<br /> appreciation of the present literary situation from<br /> which more may be rapidly learned than could be<br /> gathered with much iabour from any ordinary<br /> works of reference. To any one interested in<br /> foreign literature these felicitous little “ Notices”<br /> may be recommended as mines of information that<br /> alone furnish more than sufficient reason for a high<br /> recommendation of the book.<br /> <br /> M. Roetlisberger’s summaries and annotations<br /> everywhere abound with plums of engaging details.<br /> Thus we learn that a reproduction in an engraving<br /> of Rubens’ “ Descent from the Cross,” was an early<br /> object of a triple privilege in France, Belgium, and<br /> 250<br /> <br /> Holland, “cum privilegiis regis christianissimi,<br /> principuum Belgarum, et ordinum Balaviae” A<br /> decree of Parma, Piacenza, and Guastalla of the<br /> 22nd of December, 1840 (whilst Italy was still<br /> divided into a number of States), furnishes an<br /> example of protection of foreign works, harmonising<br /> with an unique feature of the present Italian copy-<br /> tight law. ‘ Foreign works are national property,<br /> saving dispositions to the contrary in political<br /> conventions.” In the “ Notice” on Denmark, a<br /> remark on piratical translation, made by Professor<br /> Torp at the congress of Dresden, in 1895, is quoted,<br /> which supports the view, more than once insisted<br /> on in the pages of The Author, and frequently<br /> enforced in the present volume, that piratical and<br /> unauthorised translations are deleterious to national<br /> literary progress.<br /> <br /> “Freedom of translation has an effect the<br /> opposite of the normal and beneficial tendencies<br /> that aim at giving the intellectual cultivation of<br /> a people a truly national character. The great<br /> bulk of books read by the masses who are without<br /> intellectual training is composed for the most part<br /> of translations of dubious value, which cannot<br /> possibly assist to the shaping of a real national<br /> spirit of a healthy and elevated type.”<br /> <br /> These are but specimens gathered at hazard of<br /> the sort of interesting observations with which the<br /> work abounds. Uninviting as its title may appear<br /> to some readers, it is scarcely possible to imagine<br /> the man of letters who will not find pleasure in<br /> perusing its pages. In the hands of the student<br /> of international law it will be found to be indis-<br /> pensable ; hardly less so to the student of the<br /> comparative development of foreign literatures,<br /> and in point of fact immensely interesting to<br /> anyone who sympathises with the intellectual<br /> progress of humanity.<br /> <br /> ———_—_—_+—@— ______<br /> <br /> THE BEGINNING A LITERARY CAREER<br /> IN ENGLAND.<br /> <br /> —_1-~ +<br /> <br /> From THE PerRsonaL STANDPOINT OF A COLONIAL.<br /> <br /> MAY at once say that there are two main<br /> points that have to be borne in mind by a<br /> Colonial or American coming to England if<br /> <br /> he would avoid disappointment.<br /> <br /> The first is that the English people, owing to<br /> their historical antecedents and the feudal con-<br /> stitution of their society, have no admiration for<br /> intellect as such, nor are they disposed to yield<br /> any special deference or consideration to its<br /> possessors. The questions they inwardly ask of<br /> every man they meet are:—First, is he a<br /> “gentleman” in the technical sense of the term,<br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> by birth, profession, or breeding ? Secondly, is he<br /> a man of personal honour and integrity? If he<br /> be both, he may pass anywhere, and will be treated<br /> with respect in any society ; but if he have the<br /> latter qualifications without the former, if he be a<br /> working man for example, or retail shopkeeper, or<br /> engaged in any occupation forbidden to the class<br /> of “gentleman,” neither intellect nor character will<br /> avail. He will not count, he will have no personal<br /> influence, and, except for political purposes, no one<br /> will be interested either in himself or his opinions,<br /> <br /> The aristocracy scarcely read at all, much less<br /> read solid works, and have, in consequence, little<br /> interest in the writers of books; and the other<br /> classes have accepted their estimate. Intellect is<br /> regarded by the people rather as a commodity than<br /> as a personal attribute, a thing to be bought in the<br /> market as it is required, like a pair of shoes,<br /> without more ado; and it has, in consequence,<br /> little more differential interest in itself than the<br /> corn or wine or cloth with which a merchant deals,<br /> and out of which he makes his income.<br /> <br /> In all the other great nations of the world a large<br /> amount of admiration, personal deference and<br /> consideration are accorded to men of intellect as<br /> such. It isnot so in England, and hence it is that<br /> of all men a cultivated Englishman is least under-<br /> stood by the cultivated men of other nations ; and<br /> until his sterling qualities of character have had<br /> time to disclose themselves, is perhaps the least<br /> liked, I shall never forget my amazement when I<br /> first came to England on being asked by a cultivated<br /> and charming lady, with whom I was dining, as to<br /> what interesting sights or persons I had seen. On<br /> my answering that I had been to hear Spurgeon<br /> and Morley Punshon and Dr. Parker, she coldly<br /> replied, “Oh ! we don’t think much of them,” the<br /> “we” meaning the class of ladies and gentlemen to<br /> which she belonged, and who alone count either<br /> personally or in matters of opinion. And what she<br /> said I found to be largely true. The reason was,<br /> that, in spite of the world-wide reputation of those<br /> men, and the vast congregations to whom they<br /> ministered, there were not, perhaps, in any of these<br /> congregations, especially that of Spurgeon, more<br /> than half-a-dozen families belonging to the recog-<br /> nised class of “ladies and gentlemen.” It was as<br /> if in America a man should imagine that he could<br /> get personal admiration or consideration by having<br /> the reputation of being the preacher who could<br /> draw the largest congregation of negroes !<br /> <br /> The second point to be borne in mind seems a<br /> paradox after what I have just said, but is never-<br /> theless true. It is that, in spite of this want of<br /> interest in intellectual things, nowhere else perhaps<br /> in the world will be fonnd a greater number of<br /> competent and accomplished critics of every side of<br /> life or thought ; and this is owing to the immense<br /> <br /> <br /> <br /> <br /> a<br /> id<br /> 7<br /> a<br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> complexity and variety of the intellectual material<br /> of all kinds that proczeds from London as from a<br /> workshop, to supply the rest of the English-<br /> speaking world ; the quality of the demand every-<br /> where calling forth the appropriate talent to<br /> meet it.<br /> <br /> How, then, is this to affect the decision of the<br /> young Colonial ambitious of making a literary<br /> reputation in the Mother Country? In answer, I<br /> should say that if his aim is to bea novelist, a poet,<br /> a dramatist, or a humourist, he may come over at<br /> once, for he will be in no way handicapped by the<br /> jand of his birth, The recognised critics know<br /> their business thoroughly, and will be sure to do<br /> him full justice. And even if they did not, as all<br /> classes read novels, the number of cultured and<br /> competent readers and of experienced play-goers<br /> is so large that his merits will be at once recognized.<br /> Gilbert Parker had no difficulty in getting a<br /> hearing as a novelist, or Haddon Chambers, the<br /> Australian, as a dramatist. But if he is a writer<br /> on serious subjects, on the other hand, he must be<br /> prepared for a considerable amount of preliminary<br /> disappointment. The way it operates is somewhat<br /> in this wise ; When the leading monthly magazines<br /> took to signed articles, editors were no longer<br /> required, as formerly, to have sound general know-<br /> ledgeofthe subjects discussed, but, like stockholders,<br /> only of the market value of the names of the men<br /> who discussed them. And, as the readers, as I<br /> have said, have but a languid interest at best,<br /> either in writers on serious subjects as such, or<br /> in their writings, and when condemned to read<br /> them, require them to be of recognised brand, the<br /> Colonial coming over here is likely to be trebly<br /> handicapped, by the indifference of the public<br /> to intellectual men and things as such, by their<br /> aversion to seeing unknown names discuss them,<br /> and by the want on the part of the editors (with<br /> one or two notable exceptions) of a sufficient<br /> knowledge of the subjects discussed, to be able to<br /> appraise at their true valueindications of exceptional<br /> originality, penetration or power.<br /> <br /> And even if he get some eminent man to interest<br /> himself in his work, it will avail him nothing with<br /> an editor, unless the said eminent personage will<br /> refer to it publicly, and so prick the public<br /> curiosity. But this again men of eminence are<br /> usually as chary of doing for budding authors who<br /> have still their spurs to win, as the editors are of<br /> accepting their work.<br /> <br /> Then again, if tired of having your magazine<br /> articles returned to you, you venture to publish in<br /> book form, other but equal difficulties will con-<br /> front you. The publisher will pass your MS. on to<br /> his reader for his verdict ; and the fact that you<br /> hail from a colony will go seriously against you,<br /> whereas did you but come from Germany, for<br /> <br /> 251<br /> <br /> example, it would be in your favour. The result<br /> is that you must publish at your own expense.<br /> <br /> But even after you have published at your own<br /> expense your troubles will only have changed their<br /> shape. Your difficulty now will be with the Press.<br /> When the publishers send a press copy of a book<br /> which they have published at the author’s expense,<br /> they mark on it “from the author,” not “ from<br /> the publisher.” And as the leading critical journals<br /> are practically obliged to review the books brought<br /> out by the publishers who advertise in their<br /> columns, the moment the editors see a book in-<br /> scribed “from the author,” they are relieved from<br /> this obligation ; and as their space is limited, and<br /> the pressure on it is great, it is very questionable<br /> whether you will get a review at all, good, bad, or<br /> indifferent. And the moral of it is that most, if<br /> not all, of the advantages of having the name of a<br /> good publisher on your books will be quite thrown<br /> away if the press copies are sent out as “from the<br /> author” and not “ from the publisher.”<br /> <br /> Once your book is in the hands of the reviewer<br /> it will get fair play, and your preliminary troubles<br /> will be over; for there are no men more fair or<br /> manly than Englishmen, or greater lovers of<br /> justice.<br /> <br /> J, BEATTIE CROZIER,<br /> <br /> —_—_—_—_—_——_e—&lt;&gt;—_+___—__<br /> <br /> CORRESPONDENCE.<br /> <br /> —<br /> Book DIsTRIBUTION.<br /> <br /> Er<br /> <br /> Srr,—In the April Author “A Protestant” puts<br /> the query “ Why do not booksellers write straight to<br /> publishers?” etc. The nearest com mercial traveller<br /> or the nearest grocer can tell him why—and the<br /> reason is that the country bookseller is a sober,<br /> respectable, retail tradesman, just like his neigh-<br /> pour the grocer or the draper. I, too, ordered a<br /> certain book, the second work of its author. The<br /> bookseller sent off for it, and a week later trium-<br /> phantly handed me the first work of that author,<br /> with the information from—one of the firms men-<br /> tioned by “A Protestant ’”’—that this was the only<br /> work of that author. I delivered myself of the<br /> remarks, expletives and observations natural to the<br /> occasion, and was answered that the firm in ques-<br /> tion was “ the largest house in London,” “ known<br /> all over the world,” &amp;c., and so I stilted off and<br /> left it at that.<br /> <br /> Afterwards it occurred to me (triumphantly !)<br /> that there is a reason for everything. I considered<br /> that the bookseller is a shopkeeper, and a shop-<br /> keeper is remarkably like the ruck of human beings<br /> —at least to look at. Now a few conversations<br /> <br /> <br /> 252<br /> <br /> with shopkeepers of the grocer variety showed me<br /> that a retail tradesman must of necessity deal with<br /> a distributing middleman. It is baldly impossible<br /> for him to deal direct with the manufacturer or<br /> importer of every article he sells. The nearest<br /> cominercial traveller will tell you that, as a rule,<br /> every shopkeeper is in debt to the wholesale house<br /> from which he gets his goods. That is to say, he<br /> is the slave of a running account, and is farther or<br /> less far behind with his payments according as<br /> times are good with him or not. This running<br /> account is very handy for him and keeps him<br /> going at an easy level, instead of leaving him to<br /> the violent ups and downs which would need such<br /> a large capital sum to weather if he paid cash on<br /> the nail while his own customers paid cash when<br /> they couldn’t help it. But it keeps him tied to<br /> the wholesale house, more or less, and so makes<br /> the wholesale house saucy, also more or less, as<br /> the tradesman finds when he sends for anything<br /> which that house does not, for any reason in the<br /> world, supply.<br /> <br /> Now the running account is just as handy in<br /> “these hard times ”—which began with trade and<br /> will end with it, being the atmosphere of trade—<br /> to the country bookseller as to the country draper.<br /> We flare up in Zhe Author with pages of print on<br /> the status and failings of the bookseller, but the<br /> bookseller, being just human and just a retail<br /> tradesman, continues in the same old groove that<br /> trade has rutted out for him. The fault is with<br /> us, in ranking our business as suppliers of a<br /> marketable commodity so high, that we fancy that<br /> all who have to do with it should “carry on” as<br /> totally oblivious of mere business details as the<br /> presbyters and deacons of any other high mystery<br /> and religion you like.<br /> <br /> The one direction in which relief—for this par-<br /> ticular complaint—is to be looked for is in the estab-<br /> lishment of the “two new enterprising libraries,”<br /> if that means “two new middlemen.” The<br /> establishment of half-a-dozen new ones might do<br /> the trick. The natural pressure of competition<br /> would abate the sauciness of the present middle-<br /> men monopolists. Tor if the “ Almightly Middle-<br /> man” disappeared from the book trade to-morrow<br /> the country bookseller would disappear with him,<br /> unless the publishers at once combined to establish<br /> a clearing house or distributing centre which could<br /> be to the bookseller just what the “ Almighty<br /> Middleman” had been—a keeper of running<br /> accounts; a giver of credit to ordinary everyday<br /> shopkeepers,<br /> <br /> Will the publishers ever establish such a clearing<br /> house and credit-giving centre? Not much. “It<br /> would be too much trouble.” “The game wouldn’t<br /> pay for the candle.” The game in fact is not too<br /> bad for the publisher as it stands now—is not the<br /> <br /> THE AUTHOR.<br /> <br /> very existence of the Incorporated Society of<br /> Authors emphatic testimony to that? The onl<br /> help to be looked for then, is in the establishment<br /> of still more middlemen—tons of ’em. Authors<br /> who have made such huge profits (vie published<br /> figures) out of their work might cast an eye this<br /> way and, upon dying, instead of endowing a college<br /> ora cat, direct the establishment of another middle-<br /> man business as wholesale bookseller. So shall we<br /> hear less upon this point, either from fellow authors.<br /> or from our own lips, which explode so fierily upon<br /> occasion against that respectable clerk of the<br /> mysteries, the country bookseller, dash him !<br /> I remain, yours, ete.,<br /> ANOTHER PROTESTER.<br /> <br /> —1+—<br /> <br /> II.<br /> <br /> Sirn,— Would your columns allow of m y suggest-<br /> ing to “A Protestant” that he should make the<br /> experiment of ordering the books he wants from<br /> the nearest tobacconist-newsagent. I have found<br /> this enterprising individual more obliging and a<br /> great deal more capable than the local bookseller,<br /> and pleased to increase his business by attending<br /> to orders which the bookseller appears to consider:<br /> beneath his dignity.<br /> <br /> Yours truly,<br /> <br /> A CaTHOLIC,<br /> a<br /> <br /> Exeter ENGLISH.<br /> <br /> Srr,—Evidence is rapidly accumulating of pre-<br /> cedents by high and learned authorities proving<br /> the inscription on the R. D. Blackmore monument<br /> to be correct. “ This tablet with the window above:<br /> are a tribute.” If the inscription offends against<br /> a supposed grammatical rule, yet it offends in the-<br /> company of some of our greatest writers. A<br /> professor of English literature sends me the<br /> following quotations, and earnestly hopes that the<br /> Committee will not have the inscription altered.<br /> <br /> Stubbs, III. 106. Line3:<br /> <br /> “On the 8th of March, the King, with Bedford,<br /> Beaufort and the Council were at Canterbury.’’<br /> <br /> * Julius Caesar.” Act. 4, Scene III. :<br /> <br /> “Impatient of my absence,<br /> And grief that young Octavius with Mark Antony<br /> Have made themselves so strong.’’<br /> Fielding. ‘Tom Jones.” Chap. IIL. :<br /> “ Your poor gamekeeper with all his large family have:<br /> been perishing.”’<br /> Alison. “ History of Europe &quot;’:<br /> * The Duchy of Pomerania with the island of Rugen<br /> were added by Sweden to the Danish Crown.’’<br /> Your obedient servant,<br /> JAMES BAKER.<br /> <br /> Shakespeare.https://historysoa.com/files/original/5/494/1904-06-01-The-Author-14-9.pdfpublications, The Author
495https://historysoa.com/items/show/495The Author, Vol. 14 Issue 10 (July 1904)<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=49&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=%3Cem%3EThe+Author%3C%2Fem%3E%2C+Vol.+14+Issue+10+%28July+1904%29"><em>The Author</em>, Vol. 14 Issue 10 (July 1904)</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>1904-07-01-The-Author-14-10253–284<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=89&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=14">14</a><a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=76&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=1904-07-01">1904-07-01</a>1019040701The Huthor.<br /> <br /> (The Organ of the Incorporated Society of Authors. Monthly.)<br /> <br /> FOUNDED BY SIR WALTER BESANT.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Vor. XIV.—No. 10.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> TELEPHONE NUMBER :<br /> 374 VICTORIA.<br /> <br /> TELEGRAPHIC ADDRESS :<br /> AUTORIDAD, LONDON.<br /> <br /> o—~&lt;f ©<br /> <br /> NOTICES.<br /> <br /> —<br /> <br /> OR the opinions expressed in papers that are<br /> signed or initialled the authors alone are<br /> responsible. None of the papers or para-<br /> <br /> graphs must be taken as expressing the opinion<br /> of the Committee unless such is especially stated<br /> to be the case.<br /> <br /> Tu Editor begs to inform members of the<br /> Authors’ Society and other readers of The Author<br /> that the cases which are from time to time quoted<br /> in The Author are cases that have come before the<br /> notice or to the knowledge of the Secretary of the<br /> Society, and that those members of the Society<br /> who desire to have the names of the publishers<br /> concerned can obtain them on application.<br /> <br /> Te attention of members is called to the<br /> fact that, in accordance with the decision of the<br /> Committee, only ten numbers of The Author<br /> will be printed during the year. The August<br /> and September numbers are not issued.<br /> <br /> —~&lt;<br /> <br /> List of Members.<br /> <br /> Tur List of Members of the Society of Authors<br /> published October, 1902, at the price of 6d., and<br /> the elections from October, 1902, to July, 1903, as<br /> a supplemental list, at the price of 2d., can now be<br /> obtained at the offices of the Society.<br /> <br /> They will be sold to members or associates of<br /> the Society only.<br /> <br /> Vou, XIV.<br /> <br /> Juny isr, 1904.<br /> <br /> <br /> <br /> <br /> <br /> [Prick SIxPENCE.<br /> <br /> <br /> <br /> The Pension Fund of the Society.<br /> <br /> Tun Trustees of the Pension Fund met at the<br /> Society’s Offices on the 19th of February, and<br /> having gone carefully into the accounts of the<br /> fand, decided to purchase £250 London and North<br /> Western 3 % Debenture Stock. Accordingly, the<br /> investments of the Pension Fund at present stand-<br /> ing in the names of the Trustees are as follows.<br /> <br /> This is a statement of the actual stock ; the<br /> money value can be easily worked out at the current<br /> price of the market :—<br /> <br /> Consols 24 %...sssersecseeeerenerereneress £1000 0 O<br /> <br /> Local Loans ......---sceceeeeeereseetetes 500 0 0<br /> Victorian Government 3 % Consoli-<br /> dated Inscribed Stock .....-.--.++++- 291 19 11<br /> Wear LOa 6.6022 -e--eeeecee eet 201. 9 38<br /> London and North Western 3 % Deben-<br /> ture Stock .......cececeeeeeereee es eneee 250 0 O<br /> otal 1.2... £2,248 9 2<br /> <br /> <br /> <br /> Subscriptions from October, 1903.<br /> <br /> £ s. a.<br /> Noy. 13, Longe, Miss Julia . 0 5 0<br /> Dec. 16, Trevor, Capt. Philip QO: 5 0<br /> 1904.<br /> Jan. 6, Hills, Mrs. C. H. . 0 5 0<br /> Jan. 6, Crommelin, Miss 010 O<br /> Jan. 8, Stevenson, Mrs. M. E. 0 5 0<br /> Jan. 16, Kilmarnock, The Lord . 010 0<br /> Feb. 5, Portman, Lionel 10 0<br /> Feb. 11, Shipley, Miss Mary 0 5b 0<br /> Mar. _Diiring, Mrs. . : : 7 0 5 0<br /> Mar. Francis Claude dela Roche . 0 5 0<br /> April18, Dixon, W.Scarth . : - 0 5 0<br /> April18, Bashford, Harry H. ; . 010 6<br /> April19, Bosanquet, Eustace ae - 0 10 6<br /> April 23, Friswell, Miss Laura Hain . 09 5 0<br /> May 6, Shepherd, G. HB. . i 0-0 0<br /> June 24, Rumbold, Sir Horace, Bart.,<br /> G.C.B. ; ; tl 170<br /> <br /> Donations from October, 1908.<br /> <br /> Oct. 27, Sturgis, Julian : ‘<br /> Nov. 2, Stanton, Ve : ~ 5b 0 0<br /> <br /> <br /> 254 THE AUTHOR<br /> <br /> &amp; se d,<br /> Nov. 18, Benecke, Miss Ida. 1 0 0<br /> Nov. 23, Harraden, Miss Beatrice - D0 0<br /> Dee. Miniken, Miss Bertha M. M.. 0 5 0<br /> <br /> 1904.<br /> <br /> Jan. 4, Moncrieff, A. R. Hope . - B00<br /> Jan. 4, Middlemass, Miss Jean . - 0 10°70<br /> Jan. 4, Witherby, The Rev. C. . - 0 5 0<br /> Jan. 6, Key, The Rev. 8. Whittell . 0 5 0<br /> Jan. 14, Bennett, Rev. W. K.,.D.D. . 015 0<br /> Jan. 2, Roe, Mrs., Harcourt . . 010 0<br /> Feb. 11, Delaire, Miss Jeanne. . 010 0<br /> May 16, Wynne, C. Whitworth . - 5 0 0<br /> June 23, Kirmse, R. . : : . 08. 0<br /> <br /> June 23, Kirmse, Mrs. R. a)<br /> <br /> <br /> <br /> +<br /> <br /> FROM THE COMMITTEE.<br /> <br /> <br /> <br /> HE Managing Committee of the Society of<br /> Authors held its June meeting at 39, Old<br /> Queen Street, on the 13th. The minutes<br /> <br /> of the last meeting were read, and the elections<br /> were then taken.<br /> <br /> Twenty-one members and associates were elected,<br /> bringing the total for the current year as high as<br /> 131. This is largely in excess of the number of<br /> members elected during past years up to the same<br /> period. It is. hoped that the increase will con-<br /> tinue, and that those writers who hold secured<br /> positions and are not members will be moved by<br /> an unselfish impulse to join the Society which<br /> has done so much for them and their profession<br /> directly and indirectly.<br /> <br /> At the May meeting, as noted in the last number<br /> of The Author, the Committee decided to send an<br /> address to the Spanish Academy on the tercentenary<br /> of the publication of Don Quixote. It has now<br /> been decided to appoint Mr. Leonard Williams,<br /> who suggested the idea, as delegate of the Society<br /> to hand the address to the Spanish Academy when<br /> the celebrations take place. Although the wording<br /> of the address has been settled, and approved by<br /> the President, the outward form has not yet been<br /> agreed upon.<br /> <br /> There were a good many cases before the Com-<br /> mittee for their consideration. One case dealt with<br /> a complaint against the big distributing libraries,<br /> but the Committee regretted that they were unable<br /> to take the matter up as they could not hope that<br /> the interference of the Society would bring about<br /> any useful result.<br /> <br /> Similar questions have, from time to time, been<br /> considered, and exhaustively dealt with by the<br /> Committee. Members are referred to the early<br /> numbers of The Author.<br /> <br /> In April, the Committee decided to take counsel’s<br /> opinion on a series of contracts existing between<br /> members of the Society and a firm of Canadian<br /> publishers. Since this decision was arrived at,<br /> the publishers in question have promised the<br /> authors with whom they contracted to forward<br /> accounts in July. The matter was again before<br /> the Committee, and they decided to postpone action<br /> until the time mentioned by the publishers had<br /> expired.<br /> <br /> In two cases arising out of disputes as to the<br /> amounts due from authors to publishers for work<br /> done, the Committee after exhaustive enquiry and<br /> after reading the report of their solicitors, came<br /> to the conclusion that they should give their<br /> support in one case, but could not, from the<br /> evidence before them, take up the other.<br /> <br /> The dispute between an author and an agent<br /> before the Committee in May was again up for<br /> consideration. Counsel’s opinion, which had been<br /> obtained in the meantime, was read, and the<br /> Committee decided to advise the member to act in<br /> accordance with the view expressed by Counsel.<br /> <br /> A question of a contentious nature between an<br /> author and a publisher also came before the Com-<br /> mittee. The publisher had agreed to spend a sum<br /> on advertisements. The question was whether the<br /> amount had actually been expended. The Com-<br /> mittee decided to appoint an accountant to vouch<br /> the advertisement charges.<br /> <br /> A letter from the Foreign Office notifying the<br /> action of Sweden in joining the Berne Convention,<br /> a letter from the American Copyright League with<br /> regard to United States Copyright Law, and other<br /> correspondence, were read before the Committee.<br /> <br /> —1——<br /> <br /> Cases.<br /> <br /> SINCE the last issue of Zhe Author nine cases<br /> have passed through the Secretary’s hands. Five<br /> have been demands for money against magazines<br /> and publishers. Of these three have already ter-<br /> minated successfully, aud there is every probability<br /> of equal success with the other two. There has<br /> been one demand for accounts, which the publisher<br /> in answer to a letter hastened to produce. Two<br /> demands for the return of MSS., of which one has<br /> been successful ; the other case has only just<br /> come into the Secretary’s hands. The last, a ques-<br /> tion of the termination and cancellation of contracts<br /> and final settlement of accounts between author<br /> and publisher, has been carried through to a<br /> satisfactory conclusion.<br /> <br /> Of the cases quoted in former numbers of The<br /> Author, there are but three still open. There is a<br /> dispute between an author and a publisher in the<br /> United States, the conclusion of which is naturally<br /> <br /> <br /> <br /> Bi Oe ties Sac<br /> <br /> <br /> <br /> <br /> <br /> <br /> slow owing to the time which must elapse between<br /> each mail. The other two cases have almost been<br /> concluded—one dealing with an amount due from<br /> a publisher, and the other to a dispute as to the<br /> exact number of words in a MS. In the latter<br /> case the difficulty arose owing to the fact that the<br /> writer was paid by the number of words. The<br /> publisher has willingly accepted the Society’s<br /> arbitration.<br /> <br /> June Elections.<br /> <br /> Anson, Sir William, D.C.L. All Soul’s<br /> Oxford.<br /> <br /> Bigelow, Mrs. M. E. . c/o Miss M. Yueill,<br /> 3,445—60 Street,<br /> Chicago, U.S.A.<br /> <br /> Bremner, Robert Locke . Glencairn, Dunblane,<br /> Perthshire.<br /> <br /> Deane, H. F. W. . . Gower Lodge, King’s<br /> Road, Windsor.<br /> <br /> Deeping, Warwick . . “Oaklands,” Has-<br /> <br /> Colleges<br /> <br /> tings.<br /> De la Pasture, Mrs. Henry Llandogo.<br /> Evans, Mrs. . : . The Elms, Begbroke,<br /> <br /> near Oxford.<br /> Hills, Miss Christine D. I’. Littlehampton, Sussex.<br /> Keating, Joseph. 19; oe Square,<br /> W.C.<br /> Moffatt, Miss E. B. . Chinthurst Cottage,<br /> Shalford, Surrey.<br /> Morris, Mrs. Frank . 63, FitzGeorge<br /> Avenue, Auriol Rd.,<br /> West Kensington.<br /> <br /> Newland-Smith, Ernest . 76, Belgrave Road,<br /> S.W.<br /> <br /> Pereira, Miss Louise . 24, Morningside Drive,<br /> Edinburgh.<br /> <br /> Rumbold, The Right 127, Sloane Street,<br /> <br /> Hon. Sir Horace, Bart., S.W.<br /> G.C.B.<br /> Sieveking, J. Giberne . Lyon Road, Harrow,<br /> <br /> N.<br /> <br /> Soutar, Miss Lucy H. . Mayfield, Falkirk, N.B.<br /> <br /> Steynor, B. N. : . “Pembridge,” Mal-<br /> vern.<br /> <br /> Weekes, Charles, B.L. . 20, Gainsborough<br /> Mansions, Queen’s<br /> Club Gdns., W.<br /> <br /> Weekes, Miss Rose K. . Sutton Vicarage,<br /> <br /> Dartford.<br /> 74, Merrion Square,<br /> <br /> Wynne, Miss Fiorence<br /> Dublin.<br /> <br /> One member does not desire the publication of<br /> either his name or address.<br /> <br /> THE AUTHOR. O55<br /> <br /> BOOKS PUBLISHED BY MEMBERS OF<br /> THE SOCIETY.<br /> <br /> <br /> <br /> (In the following list we do not propose to give more<br /> than the titles, prices, publishers, etc., of the books<br /> enumerated, with, in special cases, such particulars as may<br /> serve to explain the scope and purpose of the work.<br /> Members are requested to forward information which will<br /> enable the Editor to supply such particulars.)<br /> <br /> ART.<br /> <br /> Great Masters. Parts XV.,XVI., XVII. With Descrip-<br /> tive Text by Str Martin Conway. Heinemann.<br /> 5s, n. each.<br /> <br /> Toe Art or J. MAcWHIRTER, R.A. By Mo<br /> SPIELMANN, With five full page and numerous text<br /> illustrations. 144 x 10%, 22 pp. Hanfstangel.<br /> <br /> BIOGRAPHY.<br /> <br /> OppITIES, OTHERS AND I. By HENRIETTE CORKRAN.<br /> 9 x 6,328 pp. Hutchinson. 16s.<br /> <br /> THE LIFE OF MAJOR GENERAL WAUCHOPE, CB. CMG,<br /> By Str GEORGE DOUGLAS. 9 x 6, 431 pp. Hodder<br /> and Stoughton. 10s, 6d.<br /> <br /> ECONOMICS.<br /> <br /> Free TRADE. By THE RIGHT HONBLE. THE LORD<br /> AVEBURY, P.C. 9 X 53, 164 pp. Macmillan. 5s. n.<br /> INTERNATIONAL TRADE. By J. A. Hopson. 73 X 5,<br /> <br /> 202 pp. Methuen. 2s. 6d. n.<br /> <br /> FICTION.<br /> <br /> THE EARTHLY PuRGATORY. By L. DOUGALL. 7% X 5,<br /> 345 pp. Hutchinson. 6s.<br /> <br /> Extracts From ADAM’s Diary. By Mark TWAIN,<br /> 8} x 54, 89 pp. Harper&#039;s. 2s. 1.<br /> <br /> Op Henprick’s Taues. By Capr. A. O. VAUGHAN.<br /> 73 x 5}, 234 pp. Longmans. 6s.<br /> <br /> LycuGate Hany. By M. E. Francis (Mrs. Francis<br /> Blundell). 73 X 54, 347 pp- Longmans. 6s.<br /> <br /> My FRENCH FRIENDS. By CONSTANCE Maup. 7} X 5,<br /> 323 pp. Smith, Hlder &amp; Co. 6s.<br /> <br /> MaLincourt KEEP. By ADELINE SERGEANT. 73 X 5,<br /> 310 pp. J. Long. 6s.<br /> <br /> A WomAN OF Business. By MAJOR ARTHUR GRIFFITHS.<br /> 72 X 6, 335 pp. J. Long. 6s.<br /> <br /> Nyria. By Mrs, CAMPBELL PRAED. 73 X 5, 432 pp.<br /> Unwin. 6s. ;<br /> <br /> THE CARDINAL&#039;S PAWN. By L. MONTGOMERY. T. Fisher<br /> Unwin. 6s. n.<br /> <br /> INCOMPARABLE BELLATRS. By AGNES AND EGERTON<br /> CASTLE. 7§ X 4%, 326 pp. Constable. 6s.<br /> <br /> THe ORDEAL BY Fire. By ALLEN UPWARD. 7 x 43,<br /> 320 pp. Digby Long &amp; Co.<br /> <br /> En. By MARMADUKE PICKTHALL. 73 x 5, 350 pp.<br /> Constable. 6s.<br /> <br /> THe GREAT PRO-CoNSUL. By SYDNEY C.Grigr, 7} x 5,<br /> 440 pp. Blackwood. 6s.<br /> <br /> LizA oF LAMBETH. By W. SOMERSET MAUGHAN,<br /> (Cheap Edition.) 84 X 54%, 99 pp- Unwin. 6d.<br /> <br /> <br /> <br /> HISTORY.<br /> <br /> Tre Spirit or IsuaM. By the Hon. Mr. Justice AMEER<br /> Aut. (Popular Edition, published in Calcutta: S. J.<br /> Lahiri). London: Kegan Paul &amp; Co.<br /> <br /> A SHoRT HISTORY OF THE SARACENS. By the Hon, MR.<br /> Justice AMEER ALI, Macmillan &amp; Co. 7s. 6d. n.<br /> <br /> <br /> 256<br /> <br /> LAW.<br /> <br /> COMMENTARY ON THE BENGAL TENANCY ACT. By M.<br /> FINUCANE, M.A., and the Hon. Mr. JUSTICE AMEER<br /> Awl. Thacker, Spink &amp; Co., Calcutta ; Thacker &amp; Co.,<br /> London.<br /> <br /> MAHOMMEDAN LAw. Vol. I. j<br /> AMEER ALI. 3rd Edition. Thacker, Spink &amp; Co.,<br /> Calcutta ; W. Thacker &amp; Co, 28s. n.<br /> <br /> THE STUDENTS’ HANDBOOK OF MAHOMMEDAN LAW. By<br /> the Hon. Mr. Justice AMEER ALI. 4th Edition.<br /> Thacker, Spink &amp; Co., Calcutta ; Thacker &amp; Co., London,<br /> 4s. 6d. n.<br /> <br /> By the Hon. Mr. Justice<br /> <br /> MEDICAL.<br /> <br /> ScHooLt HYGIENE. By ARTHUR NEWSHOLME.<br /> 320 pp. Sonnenschein. 38.<br /> <br /> MEDICO-THEOLOGICAL.<br /> <br /> DIVINE HYGIENE—THE SANITARY SCIENCE OF THE<br /> SACRED SCRIPTURES. By ALEX. RATTRAY, M.D<br /> 2 Vols. 730—750 pp. Nisbet &amp; Co. 32s.<br /> <br /> 7% X 44,<br /> <br /> MILITARY.<br /> <br /> THE SECOND AFGHAN WAR, 1878-79-80.<br /> Its ConpuctT, AND ITS CONSEQUENCES.<br /> <br /> Its CAUSEs,<br /> By Cou.<br /> <br /> H. B. Hanna. Vol. Il. 9 x 6, 372 pp. Constable.<br /> 15s. n.<br /> <br /> THE ARMY ON ITSELF. By H. A. GWYNNE. 7 X 43,<br /> 193 pp. Warne. 2s. 6d. n.<br /> <br /> MUSIC.<br /> <br /> THE DIVERSIONS OF A Music LOVER.<br /> 84 x 53,260 pp. Macmillan. 6s.<br /> HANDBOOK ON THE ART OF TEACHING AS APPLIED TO<br /> Music. WARRINER, Mus. Doc. 74 X 5,176 pp. A.<br /> Hammond &amp; Co., 6 King Street, Regent Street, W.<br /> <br /> 28. 6d.<br /> <br /> By C. L. GRAVES.<br /> <br /> SPORT.<br /> PRACTICAL HIN1S ON ANGLING IN Rivers, LAKES, AND<br /> <br /> Sea. By W. M. GaLLIcHAN. 74 X 5, 116 pp.<br /> Pearson. Ils.<br /> FISHING (‘‘ The Country Life” Library of Sport). 2 Vols.<br /> <br /> Edited by H. G. HUTCHINSON. 91 X 6. 526 X 445 pp.<br /> Newnes. 2s 6d. n.<br /> SOCIOLOGY.<br /> <br /> Success AMONG NATIONS. By EMILE REICH.<br /> 270 pp. Chapman and Hall. 10s. 6d. n.<br /> <br /> 9 x 6,<br /> <br /> ASPECTS OF SocIAL Evo.LuTion. First Series. Tem-<br /> peraments. By J. LIONEL TAYLER, M.R.C.S. 84 x 5},<br /> 297 pp. Smith Elder. 7s. 6d.<br /> <br /> THEOLOGY.<br /> <br /> CONCERNING THE Hoty BiBLE. ITs UsE AND ABUSE.<br /> By THE RicHT Rey. Monsicgnor JoHN 8. VAUGHAN.<br /> 74 X 4%. Washbourne. 3s. 6d. n.<br /> <br /> “Hora BIBLICA.’”’ By ARTHUR CARR, M.A.<br /> Hodder and Stoughton. 6s.<br /> <br /> TOPOGRAPHY.<br /> <br /> THE QUANTOCK HILLS: THEIR COMBES AND VILLAGES.<br /> By BrHATRIX F. CResswELb. 74 xX 5, 106 pp. The<br /> Homeland Association. 2s. 6d. n.<br /> <br /> Near Oxrorp. By THE Rey. H. T. Inman. 61 xX 5,<br /> 215 pp. Oxford: Alden. Is. and 2s. 6d. n.<br /> <br /> 218 pp.<br /> <br /> TRAVEL.<br /> <br /> THE ALps. Described by SIR MARTIN Conway. Painted<br /> by A. D. McCormick. 9 X 6}, 294 pp. Black.<br /> 208. n.<br /> <br /> THE AUTHOR.<br /> <br /> LITERARY, DRAMATIC, AND MUSICAL<br /> NOTES.<br /> <br /> —~&lt;+ ——<br /> <br /> N “The Masters of English Literature,”<br /> I Mr. Stephen Gwynn seeks, by a process of<br /> selection, to give a readable account of the<br /> development of English literature from Chaucer’s<br /> time onwards. He deals, in all, with almost fifty<br /> authors, and of most of them a tolerably full and<br /> critical account is given.<br /> <br /> Mr. Grant Richards published, early in June,<br /> the second volume, dealing with sporting dogs, of<br /> “The Twentieth Century Dog,” compiled by Mr.<br /> Herbert Compton from the contributions of some<br /> five hundred experts.<br /> <br /> “Major Weir,” by K. L. Montgomery, author<br /> of “The Cardinal&#039;s Pawn,” will be published<br /> during the coming season by Mr. Fisher Unwin.<br /> The book is a romance, with the noted wizard<br /> Thomas Weir, for the central figure.<br /> <br /> Messrs. Barnicott and Pearce, of Taunton, have<br /> published, at the price of 6d., a work entitled ‘‘ The<br /> Country Gentleman’s Reference Catalogue to the<br /> best Works on Agriculture, Gardening, Botany,<br /> Natural History, Sporting, Recreations and Kindred<br /> Subjects.”<br /> <br /> In a lecture at the Royal Institution, dealing<br /> with the subject of ‘ The State and Literature,”<br /> Mr. H. G. Wells pleaded for the more leisurely and<br /> larger criticism found in books, the duty of litera-<br /> ture in this sense being to teach men and classes<br /> their place in the world, and in the social scheme.<br /> He stated further, that the most important litera-<br /> ture, personal relationship, was to be found to<br /> some extent in good essays, sermons, biographies,<br /> and autobiographies, but that the great bulk of<br /> the people desired it served them in novels and<br /> plays. They went to see the latter and delighted<br /> to read the former, partly because they liked stories,<br /> but very largely, consciously or unconsciously, from<br /> social curiosity. If these interpretations in novel<br /> and in play were well done, the State would endure ;<br /> if badly done, it must go to pieces. The literature<br /> of personal life and emotions was to be found in<br /> poetry and philosophy, which should be looked to<br /> to keep the whole mass of the social order in<br /> sympathy and-in one key one with another.<br /> <br /> The third edition of ‘The Commentary on the<br /> Indian Evidence Act,” by the Honourable Mr.<br /> Justice Ameer Ali, and Mr. Justice Woodroffe, will<br /> appear in December of the current year.<br /> <br /> Mr. Justice Ameer Ali, who will also produce,<br /> early in 1905, the fifth edition of “The Students’<br /> Handbook of Mahomedan Law,” is at present<br /> engaged on a “History of Mahomedan Civilisa-<br /> tion in India,” with an introduction dealing with<br /> the pre-Mahomedan period.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> During the autumn, Mrs. Croker will publish<br /> her new book, “The Happy Valley,” through<br /> Messrs. Methuen &amp; Co.<br /> <br /> Mr. Charles Garvice’s two books, “In Cupid’s<br /> Chains,” and “Just a Girl,” have gone into a<br /> second and third edition respectively. ‘The former<br /> has been translated by Miss Mary Otteson into<br /> Norwegian for a Norwegian syndicate.<br /> <br /> Mr. Garvice’s last novel, “ Redeemed by Love,”<br /> is being syndicated by the National Press Agency<br /> in England, and by Messrs. George Munro’s Sons<br /> in America.<br /> <br /> The same author has also completed, in col-<br /> laboration with Mr. Denman Wood, a dramatic<br /> version of his book “Nance,” which will be<br /> produced at Mr. Wood’s theatre, the New Court,<br /> Bacup, in the autumn. :<br /> <br /> The following verse is taken from the title page<br /> of Mr. John Oxenham’s new novel, ‘“‘A Weaver<br /> of Webs,” which Messrs. Methuen &amp; Co. have<br /> published :—<br /> <br /> “Warp and woof and tangled thread—<br /> <br /> Weavers of webs are we<br /> <br /> Living, and dying, and mightier dead,<br /> <br /> For the shuttle once started shall never be stayed—<br /> Weavers of webs are we.”<br /> <br /> Mr. W. L. Courtenay’s essays on the work of<br /> Maurice Meeterlinck, which appeared in the Daily<br /> Telegraph, were published in book form in the<br /> middle of June by Mr. Grant Richards. The<br /> book also contains sketches of other foreign<br /> writers, including D’Annunzio, Turgenieff, Tolstoy,<br /> Gorky, and Merejowski.<br /> <br /> Mrs. Rowland’s new novel, entitled “ Capricious<br /> Caroline,” which is now running serially in The<br /> Times weekly edition, will be published in book<br /> form in the middle of September by Messrs.<br /> Methuen &amp; Co., who are also publishing new<br /> editions of “ Love and Louisa,” and “Peter a<br /> Parasite,” by the same authoress. In addition,<br /> Mrs. Rowlands has in hand a series of stories for<br /> The Tatler, and a series of articles for Zhe Daily<br /> Chronicle, besides a number of short stories com-~-<br /> missioned by other papers, such as The Bystander<br /> and London Opinion.<br /> <br /> Miss J. S. Wolff, author of ‘“ Les Francais en<br /> Menage,” “Les Francais en Voyage,” etc., has<br /> just published a series of “Object Lessons in<br /> Practical French” (Blackie &amp; Son), and is prepar-<br /> ing a second volume of her French History series,<br /> “Tes Francais du dix-huitieme Siecle” (Edward<br /> Arnold). Vol. I., “ Les Francais d’Autrefois,”<br /> appeared last September.<br /> <br /> The Chromoscopist for June, contains a character<br /> study by ‘‘ Mancy,” entitled “Jacky.” ‘“ Mancy”<br /> <br /> has also an article in the June number of The<br /> Spiritualist, entitled “ Palmistry and Its Benefits.”<br /> We understand that Messrs,<br /> <br /> Constable &amp; Co.<br /> <br /> THER AUTHOR.<br /> <br /> 257<br /> <br /> have changed their address from 2, Whitehall<br /> Gardens, and will remove to larger premises at 16,<br /> James Street, Haymarket, S.W.<br /> <br /> “Behind the Footlights,” Mrs. Alec Tweedie’s<br /> last work, which was published by Messrs. Hutchin-<br /> son &amp; Co., with twenty full page illustrations at<br /> the price of 18s., has gone into a second edition.<br /> <br /> «A Voice from the Void ” is the title of a book<br /> by Miss Helen Boddington, which Messrs. Methuen<br /> &amp; Co. will publish during the autumn.<br /> <br /> The twenty-sixth Congress of the International<br /> Literary and Artistic Association will take place<br /> in Marseilles from the 24th to the 29th of Septem-<br /> ber next. The subjects set down for discussion<br /> are: 1. Musical authors’ rights; 2. Publishers’<br /> agreements respecting artistic works; 3. Pro-<br /> tection of photographs; 4. Moral rights, and<br /> public copyright as applied to monuments of the<br /> past ; 5. A study of the countries in which several<br /> languages are spoken, and of copyright in transla-<br /> tions from one to another of the languages in use<br /> within the country ; 6. The publication of works<br /> of history and criticism ; 7. Protection of archi-<br /> tectural designs; 8. Protection of engineers’<br /> plans ; 9. The International situation in various<br /> countries ; 10. The revision ofthe Berne Convention.<br /> <br /> Mr. Grant Richards will publish in a few days<br /> “The Server’s Handbook,” by the Rev. Percy<br /> Dearmer. It is the fifth volume in the “ Parsons’<br /> Handbook” series.<br /> <br /> « Derek Vane,” author of “The Three Daughters<br /> of Night,” etc., has disposed of the serial rights of<br /> her new novel, ‘ The House on the Black Water,”<br /> to Messrs. Cassell. She is writing some humorous<br /> articles for the Boudoir, and has short stories<br /> appearing in the Outlook, Manchester Chronicle, etc.<br /> <br /> Miss Jean Delaire’s book, « Around a Distant<br /> Star,” which we noticed lately as about to be<br /> published, has met with favourable reviews in the<br /> Daily News, The Glasgow Herald, and The Sheffield<br /> Telegraph.<br /> <br /> Miss Marie Corelli has a series of articles on<br /> “Pagan London” running in The Bystander.<br /> The first of these articles appeared on June 22nd.<br /> <br /> “ Suggestions for a New Political Party, with<br /> principles, methods, and some Application,” is the<br /> title of an article by Dr. Beattie Crozier which will<br /> appear in one of the coming numbers of The<br /> Fortnightly Review.<br /> <br /> «The Reverend Jack” is the title of a novel by<br /> Naunton Covertside (Naunton Davies) which will<br /> shortly be published by Mr. Henry Drane, at the<br /> <br /> rice of 6s.<br /> <br /> Mr. Stanley Weyman has received a testimonial<br /> to the popularity of his work, which has much<br /> touched him. His book “The Long Night” deals<br /> with the history of the city of Geneva. Such<br /> interest has it aroused that some of the most<br /> <br /> <br /> 258<br /> <br /> prominent of Geneva’s citizens, in token of their<br /> appreciation, have forwarded to the author an<br /> address with a small bronze statuette of Calvin.<br /> A short extract from the document itself will<br /> convey better than words from our pen, the feeling<br /> of those who have acted in the matter.<br /> <br /> ‘*We are anxious that so ideal a relationship (7c.<br /> between Mr. Weyman and the City) should not vanish,<br /> without placing in your hands some material evidence of<br /> our grateful admiration.<br /> <br /> “The statuette of Calvin is no unbecoming ornament<br /> for the writing table of one whose works, like yours, are<br /> founded on that vast Anglo-Saxon influence which has in<br /> every part of the world cherished the religious and political<br /> views of the Reformer, views of faith and liberty which<br /> have become for you the foundation and the inspiration of<br /> your Art.”<br /> <br /> We heartily congratulate Mr. Weyman on receipt<br /> of a compliment as pleasant as it was unexpected.<br /> <br /> Everyone will have been amused and interested<br /> in the Poet Laureate’s position as an anonymous<br /> author. A full statement of the circumstances<br /> under which his play was accepted by Mr. Bourchier<br /> has appeared in all the papers, and demonstrates<br /> the fallacy of the statement so often made, that<br /> managers do not read plays that are sent to them<br /> by unknown writers. The comedietta, for it is but<br /> aslight piece, was produced on June 16th, and runs<br /> for about halfan hour. It met with a very cordial<br /> reception. Mr. Bourchier and Miss Bateman took<br /> the chief parts.<br /> <br /> The play founded on Mrs. Croker’s novel,<br /> “Terence,” which has, for the last ten months,<br /> been attracting good audiences in New York,<br /> Boston, Washington, Chicago, and other cities of<br /> the United States, will, we understand, have a<br /> further run in the same country during the next<br /> season.<br /> <br /> “ Beyond the Vale” is the next of Mrs. Croker’s<br /> novels to be dramatised, with a view to production<br /> in the States. :<br /> <br /> +»<br /> <br /> <br /> <br /> PARIS NOTES.<br /> <br /> —_1~&gt;—+<br /> <br /> HE Académie Francaise has awarded the<br /> Bordin prize of 3,000 francs to be divided<br /> into two prizes of 1,000 francs, to M. Paul<br /> <br /> Gautier, for his book on “Mme. de Staél et Napo-<br /> léon,” and to M. Michaud for “ Sainte Beuve avant<br /> les lundis,” and two other prizes of 500 francs. The<br /> Marcel Guérin prize of 5,000 francs is divided into<br /> four prizes of 500 and three of 1,000 francs. M.<br /> Dunand and Ivan Strannik are among the authors<br /> who have shared this prize.<br /> <br /> The Archon Despérouse prize is divided into one<br /> of 1,000 francs, awarded to M. Vermenouze for his<br /> <br /> THE AUTHOR.<br /> <br /> poem “ Mon Auvergne,” and the rest into prizes of<br /> 500 francs to other poets.<br /> <br /> The Montyon prize of 19,000 francs is awarded<br /> to Capitaine Lenfant for his book ‘Le Niger” ;<br /> Félix Régamey for “Le Japon”; Colonel de<br /> Pélacot for his ‘ Expédition de Chine de 1900” ;<br /> Paul Acker for “Petites Confessions” ; Paul Labbé<br /> for his ‘‘Bagne Russe”; Jean Reibrach for<br /> “Sirénes” ; Jean Viollet and Charles Frémine<br /> for “ Petit Coeur” and “ Poemes et Récits.”<br /> <br /> Other prizes have been awarded to Abbé Laveille,<br /> Louis de Foureaud, the Marquis de Segonzac, Abbé<br /> Piolet and Pierre Guzman.<br /> <br /> “La Société Francaise pendant le Consulat:<br /> Aristocrates et Républicains,” by Gilbert Stenger.<br /> This volume is the second of a series which the<br /> author is writing on the epoch he has so carefully<br /> studied. In the first volume, “ La Renaissance de<br /> la France,” we had a picture of the times when<br /> Napoleon I. was Général Buonaparte.<br /> <br /> In the first part of this new volume we have an<br /> account of the “ Emigration,” and the miseries of<br /> the aristocrats in exile. The second part is devoted<br /> to the study of the Republicans and the work-<br /> ings of the Consulate. he book is most interest-<br /> ing, and a faithful picture of the times. We have<br /> anecdotes about the celebrities of the day, and<br /> excellent portraits of Talleyrand, Lebrun, Fouché,<br /> and many other well-known historical charac-<br /> ters, including Benjamin Constant and Camille<br /> Jordan.<br /> <br /> “ Le Marquis de Valeor,” by Daniel Lesueur, is<br /> a most dramatic novel with a strong plot, and<br /> mystery enough to satisfy the most ardent lovers<br /> of intrigue. Unlike some of the other novels by<br /> this author, there is not so much psychology in the<br /> ‘“‘Marquis de Valvor,” or, rather, the psychology is<br /> left for the reader to discover between the lines, as<br /> it were. One has to study the characters by their<br /> actions, as the events follow each other so quickly<br /> that until one closes the volume one has not<br /> time to come to any conclusions. ‘To tell the<br /> plot of the book would no doubt spoil it for many<br /> readers. It is written in the same admirable<br /> style as the other works which have brought<br /> Daniel Lesueur to the front rank of contemporary<br /> novelists.<br /> <br /> Mr. Charles Foley, of the “Telephone” play<br /> fame, has been tempted to build up a novel on<br /> a certain rumoured episode which was a great.<br /> topic of conversation some ten or twelve years<br /> ago. In “ Fleur d’Ombre” we have the story of a<br /> French girl named Lolette who marries a young<br /> foreigner and for a year or two has an ideally<br /> happy life. She then makes the terrible dis-<br /> covery that she has married a prince in disguise.<br /> Through the death of his brother her husband<br /> becomes heir to a throne. Lolette and her baby-<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> boy are considered de trop by her royal husband’s<br /> family.. A more suitable wife is provided for the<br /> heir apparent, a princess who had been engaged to<br /> the brother who died, and Lolette is expected to be<br /> resigned as the “ widow » of a distinguished living<br /> husband.<br /> <br /> The story is well told with all the delicate<br /> veiled irony in which Mr. Foley excels, and in<br /> France the book is having great success.<br /> <br /> “Sur la Branche” is the title of the new book<br /> by Pierre de Coulevain, the author who had such<br /> success in France and America with ‘* Noblesse<br /> Américaine” and ‘“ Eve Victorieuse,” both of<br /> which works won for the writer Academy prizes.<br /> The new book is undoubtedly stronger than either<br /> of the other two novels. It is extremely original,<br /> and one wonders after reading it whether to call<br /> it a novel. It seems to be, rather, a true study<br /> of life, of real every-day life with all the small<br /> things and all the great things woven together.<br /> The author is a keen observer, with absolute faith<br /> in the great plan “ to which all creation moves.”<br /> Tae woman who is supposed to be writing the<br /> story is living alone “on the branch,” or, in other<br /> words, her home is broken up and she goes from<br /> one hotel to another, and from one country to<br /> another, believing that the romance of her own<br /> life is over, but watching with deep interest the<br /> comedies and tragedies around her. As time goes<br /> on she discovers that her own romance is by no<br /> means over, and the threads are once more put into<br /> her hands by destiny, so that she may do the part<br /> assigned to her in weaving the web of life. From<br /> her own bitter experience and grief she has learnt<br /> much, a larger tolerance and an immense opti-<br /> mism. The book appears to have been published<br /> at just the right moment and is being greatly<br /> discussed.<br /> <br /> “Tsolée,” by Brada, is a most charming novel<br /> and a psychological study from the first chapter to<br /> the last. The young girl, whose isolation gives<br /> the title to the book, is a Mlle. Charmoy who has<br /> been brought up in the approved French way, but<br /> who on the death of her relatives in France, is<br /> handed over to some English relatives. She is<br /> distinctly out of her element in the English home<br /> to which she is consigned. Not only does her<br /> “Latin soul” revolt against much that she disap-<br /> proves in the Anglo-Saxon atmosphere, but she has<br /> unfortunately lost her heart to a French cousin,<br /> and this detail complicates matters considerably.<br /> It is always a delicate and usually a thankless task<br /> for a French or English novelist to place his<br /> characters ina foreign milieu. Brada has succeeded<br /> in giving us a faithful picture of a certain kind of<br /> British home, but it is of that kind where a vulgar-<br /> minded woman with plenty of money and an intense<br /> admiration for all that is “smart” reigns supreme.<br /> <br /> THE AUTHOR.<br /> <br /> 259<br /> <br /> We are therefore inclined to think that the French<br /> girl’s loneliness in England is not so much due to<br /> her exile from her native country as to her exile<br /> from a refined home. As a French novelist’s<br /> study of English life the book is extremely<br /> interesting.<br /> <br /> M. André Maarel has written a novel entitled<br /> “La Chevauchée,” which is really a study of the<br /> political world. Lucien Surget is a politician who<br /> sets out with the idea of helping his country in<br /> many ways, but who finds that the path of a<br /> politician is by no means an easy one. Un<br /> semblant de bon sens pratique,” he says “ Vameénera<br /> doucement aux compromissions, et sa vanité, sur<br /> excitée par la flatterie, lui fera bientdt confondre<br /> Yidée de son devoir avec Vidée de sa prosperité<br /> <br /> ersonnelle.”<br /> <br /> Without the authorisation of Madame Lardin de<br /> Musset, the sister of Alfred de Musset, a volume<br /> of the poet’s correspondence with George Sand has<br /> just been published in Belgium. Some years ago<br /> Madame Lardin de Musset refused her consent to<br /> having her brother&#039;s letters made public, so that<br /> with great indelicacy the persons responsible for<br /> the appearance of this volume have taken it to<br /> another country for publication. If these letters<br /> were to be given to the public, in common fairness<br /> it should have been done by the de Musset and the<br /> George Sand representatives together. If there<br /> are passages detrimental to George Sand which<br /> have been omitted, the same should have been<br /> done for de Musset, otherwise the book is of<br /> no value as a justification of George Sand’s<br /> conduct.<br /> <br /> Among the new books are the following :<br /> “ Bldorado,” by Paul Brulat; “ Au Pays du<br /> Mystére,” by Pierre de Maél ; “ Marie Claire,” by<br /> Francois Deschamp ; “Mes premiéres Armes<br /> Littéraires et Politiques,” by Madame Adam ;<br /> “Récits et Legendes d’_ Alsace Lorraine,” by<br /> Genevieve Lanzy ; ‘La Vie de Paris,” by Jean<br /> Bernard ; “ Les Francais de mon temps,” by the<br /> Vicomte G. d’Avenel.<br /> <br /> ‘he theatrical season is practically over, but some<br /> of the plays are still running, and at one or two of<br /> the theatres the summer season has commenced.<br /> As so many foreigners are in Paris during these<br /> months this sammer season is becoming quite<br /> important.<br /> <br /> The Odéon commenced its celebration of George<br /> Sand’s centenary with “ Le Démon du Foyer,” and<br /> a George Sand exhibition in the foyer of the theatre.<br /> “ Glaudie” will be given at the Francais.<br /> <br /> A delightful innovation in Paris is the out-door<br /> theatre in the Bois de Boulogne, the ‘héatre de<br /> Verdure of the Pié Catelan. On the 22nd of June<br /> the Comédie-Francaise gave “ Oedipe roi”; the<br /> Odéon gave the foarth act of the “Ariésienne ”;<br /> <br /> <br /> 260<br /> <br /> the ballet of “ Manon”’ was danced by the corps de<br /> ballet of the Opéra Comique. It is fifty years<br /> since any performance has been given at the Pré<br /> Catelan.<br /> <br /> Atys Hauuarp.<br /> <br /> —~&lt;- «<br /> <br /> UNITED STATES NOTES.<br /> <br /> —~_<br /> <br /> (WNHE trail of the November Presidential election<br /> is over everything this year, not excluding<br /> literature. Histories of the Republican<br /> <br /> Party, lives of their candidate, and similar pro-<br /> <br /> ductions are as plentiful as blackberries ; and even<br /> <br /> the clear stream of fiction is perceptibly a little<br /> muddied with politics.<br /> <br /> Meanwhile we have had a few biographies whose<br /> real concern is with the past. Dr. Joseph Barrett’s<br /> ‘Abraham Lincoln and his Presidency ’”’ is based,<br /> indeed, upon a “campaign biography,” written<br /> with its subject’s assistance ; but the work in its<br /> present form is of quite a different character, and<br /> is a useful solvent of much myth that has gathered<br /> round its hero.<br /> <br /> Mr. Thomas E. Watson, going further back, has<br /> added to Jefferson literature a somewhat episodical<br /> but rather entertaining volume. He complains<br /> bitterly of the deification of New Englandism, and<br /> handles none too gently contemporary writers on<br /> his subject, such as Woodrow Wilson, Henry<br /> Cabot Lodge, and Elroy Curtis.<br /> <br /> A notable biography also is “The Life of John<br /> A. Andrew,” Governor of Massachusetts during<br /> the Civil War, which has been written by Henry<br /> Greenleaf Pearson. With all his admiration for<br /> Lincoln the ardent war governor found the<br /> President’s cautious methods rather trying. This<br /> and other matters, such as the relations of Andrew<br /> with General Butler, are handled in an admirable<br /> manner, and the whole work is remarkable for<br /> scholarship and literary power.<br /> <br /> The “ Memoirs of Henry Villard,” on the other<br /> hand, though of no slight interest and importance,<br /> are of very uneven merit. That part of the work<br /> which recounts the author’s career as a war<br /> correspondent, and generally all of it that deals<br /> with his life as a journalist, is eminently satis-<br /> factory ; but, from easily excusable causes, what<br /> is told us of Villard as the financial organiser of<br /> the north-west is presented in a sadly fragmentary<br /> manner. One is glad to hear, however, that its<br /> shortcomings are likely to be remedied in a supple-<br /> mentary publication. The life of a man who did<br /> so much for America deserves the fullest possible<br /> treatment in all its phases.<br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> One other biography we must mention, viz., Mr.<br /> Francis Newton Thorpe’s “ Life of Dr. William<br /> Pepper,” Provost of Pennsylvania University. It<br /> tells sympathetically, if a little diffusely, the life-<br /> story of a really great personality—a man who not<br /> only created a university, but left a great pro-<br /> fessional reputation both as a medical writer and<br /> a practising physician. He literally wore himself<br /> out before his time by sheer pressure of work. It<br /> is not a little refreshing to read of this go-ahead<br /> character sticking up for Greek and Latin before<br /> the Modern Languages Association—he himself<br /> spoke French fluently; and the opinion of such<br /> a man that the purification of American public<br /> life was to be sought rather in educational work<br /> than in ward politics is at least worthy of serious<br /> consideration.<br /> <br /> The Supreme Court has decided that books are<br /> books and not periodicals. They will, therefore ,<br /> no longer be able to go through the mails as<br /> “second class” matter.<br /> <br /> The “ Encyclopedia Britannica” has found a<br /> protector in Judge Lacombe, who has restrained<br /> the Tribune Association of New York City from<br /> printing and selling as a premium a so-called<br /> “‘Americanised Encyclopedia Britannica.” The<br /> latter, it was held, had formed their eight volumes<br /> by cancellations and mutilations of two-thirds of<br /> the English work. A large amount of doca-<br /> mentary evidence was put in. Actions were also<br /> brought against the publishers, the Saalfield Pub-<br /> lishing Company, of Akron, O., by Appleton &amp;<br /> Co., who alleged that the ‘“ Americanised ” supple-<br /> ment infringed the copyright of their “ Cyclopedia<br /> of American Biography.”’ They obtained damages<br /> as well as an agreement to destroy copies and<br /> stop sales.<br /> <br /> The author of “Mrs. Wiges of the Cabbage<br /> Patch” has also obtained relief from the law.<br /> Mrs. Bass had been so pestered by the unwelcome<br /> attentions of “hoboes” and others, that she at<br /> length had recourse to strong measures, and last<br /> April found herself charged with assault in the<br /> form of throwing a pitcher upon the head of one<br /> Mrs. Emily Smith, of Hazlewood, Ky. The<br /> Louisville police justice dismissed the charge “on<br /> general principles,” expressing the view that Mrs.<br /> Wiggs had had great provocation.<br /> <br /> The plaintiff’s plea that she was under the<br /> impression that the author of “big-sellers ” was in<br /> need of charitable relief was distinctly piquant ;<br /> and certainly not less so was the testimony of the<br /> defendant, who left the court saying “ Now maybe<br /> Tl be able to spend my old age in peace, and<br /> maybe my trees ‘ll grow out where all them<br /> memorals has been pulled off, and maybe my yard<br /> won’t be full of strange people every Sunday,<br /> and I can move downstairs, where I used to live.”<br /> <br /> <br /> i<br /> <br /> <br /> <br /> &quot;To return to literature. America is not wanting<br /> in clever novelists, but her poets are few and far<br /> between. All the greater then is our pleasure in<br /> pointing to the achievement of Mr. William<br /> Vaughan Moody, who has followed up his highly<br /> promising “ Masque of Judgment” with ‘The<br /> Fire-Bringer,” a drama of even greater merit.<br /> The two, it seems, are designed as parts of a<br /> trilogy, the remainder being yet to come. We<br /> trust that there may be a few who will find leisure<br /> from politics and fiction to make acquaintance<br /> with literature that has attained so high a level.<br /> <br /> Some weeks ago’ we were astonished to see<br /> printed in that usually sane and carefully edited<br /> organ, the Dial, a “communication” headed “ In<br /> Re Shakespeare-Bacon” and signed “ Francis<br /> Bacon Verulam Smith,” which is about the most<br /> fatuous piece of literary criticism that we have<br /> ever read in a serious paper. Were it not for the<br /> well-known character of the publication one should<br /> certainly have dismissed the thing as a somewhat<br /> impudent jew d’ésprit. The writer of the “com-<br /> munication” sets out to follow up a “line of<br /> proof” adopted some time ago by a contributor<br /> to the English paper Literature. ‘The latter seems<br /> to have propounded the somewhat untenable<br /> hypothesis that every great author is commonly<br /> associated with his chief creation. This is how<br /> Francis Bacon Verulam Smith follows up the clue:<br /> «« What, now, is the chief, the best known character<br /> in the so-called Shakespearian dramas? Hamlet,<br /> to be sure; and in the name lurks a very clever<br /> <br /> erypto-pun—Ham [i.¢., Bacon] let [or, hindered<br /> from openly declaring his identity]. Let us goa<br /> step further. What is Hamlet’s most famous<br /> speech? The immortal soliloquy. And the most<br /> familiar line therein? The first. Let us examine<br /> this line. ‘Be’ is phonetic for the second letter<br /> of the alphabet, and the line thus becomes ‘To<br /> B[acon] or not to B[acon are these plays to be<br /> ascribed], that is the question.’ And how is the<br /> question decided? In the affirmative, of course.<br /> The soliloquist determines against self-annihila-<br /> tion. The Baconian authorship is thus established.”<br /> We notice that the communicator hails from St.<br /> Albans, presumably in England. Can it be that<br /> the editor has been had by some wicked under-<br /> graduate? Shelley, according to Hogg, would<br /> indulge in somewhat similar practical jokes.<br /> <br /> And now we must grapple with Fiction. The<br /> book which headed the list of the Six Best Sellers<br /> at the end of May was Miss Johnston’s “Sir<br /> Mortimer,” a romance of Elizabethan times, Ellen<br /> Glasgow’s “The Deliverance” coming second. As<br /> to the precise altitude of literary merit reached by<br /> the first there is room for some difference of<br /> opinion ; that the second has really great dramatic<br /> power there can be none. The scene is Virginia ;<br /> <br /> THE AUTHOR.<br /> <br /> 261<br /> <br /> the time, the reconstruction period after the Civil<br /> War ; and the central theme, the power of love to<br /> overcome the spirit of vengeance. Mrs. Atherton’s<br /> “ Rulers of Kings” will scarcely add to her reputa-<br /> tion ; but Stewart White has fully maintained his<br /> with “The Silent Places.” It is the story of two<br /> Hudson Bay Company’s runners hunting a default-<br /> ing Indian trapper, and of the passion of an<br /> Ojibway girl for one of the whites.<br /> <br /> Amongst other historical novels which attain a<br /> respectable level may be mentioned “Robert<br /> Cavelier,”’ by William Dana Orcutt; “ When<br /> Wilderness was King,” by Randall Parrish ; and<br /> George Morgan’s “The Issue,” the last and best<br /> of the three, containing some faithful descriptive<br /> passages concerning the battles and personages of<br /> the Civil War.<br /> <br /> The political novel is strongly represented by<br /> Francis Lynde’s western study called ‘The<br /> Grafters,” a well constructed if somewhat over-<br /> technical work, and by David Graham Phillip’s<br /> powerful depiction of Wall Street ways, “ The<br /> Cost.” Arthur Coton’s “ Port Argent’ also deals<br /> largely in matters political. One may express a<br /> hope, fond and foolish as it may seem, that such<br /> books as these may have power enough to react a<br /> little upon public opinion.<br /> <br /> Promising first appearances in fiction have been<br /> made by Mrs. Beatrice Demarest Lloyd and Miss<br /> Margery Williams ; “ The Pastime of Eternity ” is<br /> the imposing title given by the former to her tale<br /> of incompatible temperaments.<br /> <br /> “The Price of Youth” is rather audacious in<br /> places, and perhaps a little reminiscent in others,<br /> but has genuine pathos, and fidelity to the life<br /> described, though the writer, we understand, is an<br /> Englishwoman.<br /> <br /> Miss Miriam Michelson has made an undoubted<br /> hit with her “In the Bishop’s Carriage,” whose<br /> heroine is a thief who gets caught by a theatrical<br /> manager and converted—into an actress. The<br /> Bishop’s carriage has little to do with the main<br /> interest of the story ; but it is probable that the<br /> poster which pourtrays the incident connected with<br /> it is having much to do with its financial success.<br /> <br /> Another book which has “caught on” mightily<br /> is the versatile Mr, Severy’s detective story, “The<br /> Darrow Enigma.” Melvin L. Severy has tried his<br /> hand with some success not only at journalism,<br /> playwriting and art, but has also devoted himself<br /> to science and patented various inventions.<br /> <br /> Finally Mrs. Edith Wharton has published a<br /> volume of striking short stories; George Burr<br /> McCutcheon has made a hero of a dog, though<br /> quite unlike that of the author of “The Call of<br /> the Wild” ; Byron’s career has been embodied in<br /> fiction in Miss Rives’s “The Castaway” ; and<br /> Winston Churchill has followed up “ The Crisis”<br /> <br /> <br /> 262<br /> <br /> and “ Richard Carvel” with a new romance, “ The<br /> Crossing.” :<br /> <br /> The Japanese novel has also made its first<br /> appearance in English through the enterprise of<br /> American publishers.<br /> <br /> Our obituary list is happily a short one. It<br /> includes, besides Edgar Fawcett, a poet and novelist,<br /> who died in England, Guy Webmore Carryl, best<br /> known by his collection of Parisian stories, entitled<br /> “Zut,” aman who seemed but at the threshold of<br /> a brilliant career; Mrs. Abby Morton Diaz, author<br /> of some successful books for children; Mrs.<br /> Sarah Jane Lippincott, who wrote under the name<br /> of Grace Greenwood, and founded ‘The Pilgrim ” ;<br /> and Colonel Augustus C. Buell, the biographer of<br /> Paul Jones and Sir William Johnson. To these<br /> should perhaps be added the widow of Nathaniel<br /> P. Willis, though she was not an author, and<br /> Mrs. Clemens.<br /> <br /> Se<br /> <br /> LEGAL NOTES.<br /> <br /> ——+—<br /> What’s in a Name?<br /> <br /> VENTURED to discuss in last month’s Author<br /> the position of the writer of a new book with<br /> regard to a title which has been used before<br /> <br /> by another writer, and to suggest that in most<br /> cases the new writer can afford to disregard the<br /> previous one, on the ground that the author of a<br /> book which has been published has only a right to<br /> prevent another from using his title in certain<br /> circumstances. The author of the previous work<br /> apparently can do this when he can show that<br /> his book is known to the public by the name which<br /> he has given to it, and that his market is likely to<br /> be interfered with by a new book which may be<br /> mistaken for his, but not otherwise. The device<br /> used by some newspaper owners of publishing<br /> dummy copies in order to protect a title of which<br /> they claim to have the monopoly, is useless for any<br /> practical legal purpose.<br /> <br /> I take it, however, that the author (or the owner<br /> of the copyright or right to publish) would have<br /> the right to prevent another book from being sold<br /> under the name of his, in any case where his book<br /> was being publicly bought and sold ; it would not<br /> be necessary for him to show that it was being sold<br /> by the original publisher at the time. He might<br /> have produced a limited edition, the price of which<br /> was daily rising, and the sale and reputation of<br /> which would be injured by the new book annexing<br /> the well known name. In the case of plays, the<br /> fact that a play can be revived at any time is of<br /> course material. No one would be justified in<br /> bringing out a new play and calling it “Hast<br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> Lynne” or “The Importance of being Earnest,”<br /> and because at that time no play of the name was<br /> being performed. It would be a question of fact<br /> for the tribunal hearing the case, should an action<br /> be brought, whether the book or play in question<br /> was so far alive or liable to be revived as to be<br /> entitled to protection.<br /> <br /> Sometimes the question is asked whether a<br /> person publishing a book of a different kind from<br /> another under a similar title could be prevented<br /> from doing so. Presumably, if the sale of the<br /> second book is likely to interfere with that of the<br /> first from their being mistaken for one another,<br /> the use of the title causing the confusion could<br /> be prevented. In this case it would again be a<br /> question of fact how far the error would be possible.<br /> <br /> A title must often be equally applicable to two<br /> books of a totally different character. Suppose<br /> that at the time when “‘ Vanity Fair” was begin-<br /> ning to enjoy fame, a popular preacher in a West<br /> End church had chosen to bring out a book of<br /> sermons with the same name, an old lady writing<br /> to her library for “ Vanity Fair” (the sermons)<br /> might have received Mr. Thackeray’s masterpiece,<br /> and never have read, the sermons at all; or another<br /> having been recommended the novel might by a<br /> similar mistake have received the sermons and,.<br /> obedient to their precepts, might never have<br /> opened a book of romance again. It is certainly<br /> not easy to lay down any rule to the effect that<br /> books of similar titles upon different subjects will<br /> not clash with one another.<br /> <br /> If, however, the state of things is simply this,<br /> that the writer of a new work must not use a title<br /> that will interfere with the prosperity of an existing<br /> one, it seems fairly clear that the legal right to<br /> prevent the adoption of a title cannot often belong<br /> to those who claim it. This was suggested in the<br /> last issue of Zhe Author, but I should like to lay<br /> emphasis upon it. What really belongs to the<br /> previous author in most cases is simply the power<br /> to annoy, and possibly the opportunity to exact a<br /> small payment as compensation for an imaginary<br /> wrong, a payment, however, which could not be<br /> enforced in a Court of law.<br /> <br /> There is a conceivable case in which the author<br /> of a dead book might bring out a new edition for no<br /> other purpose than to interfere with the sale of the:<br /> new one, and it would be very difficult to prevent<br /> him from doing so, and from thus supplying some<br /> evidence of vitality. Should this occur it would<br /> not be easy to prove that the re-publication was:<br /> only for the purpose of extorting compensation,<br /> and the possibility of such a thing being done is a.<br /> contingency to be reckoned with.<br /> <br /> It must be conceded therefore, that however:<br /> seldom the author of a book who has inadvertently<br /> taken the title of another, which he has never<br /> <br /> <br /> <br /> <br /> .<br /> a<br /> <br /> <br /> <br /> <br /> <br /> heard of before, can be prevented legally from<br /> proceeding to use it, no one would willingly or<br /> wittingly choose a name already used if he had<br /> any means ready to his hand of ascertaining the<br /> previous use. The remedies suggested seem to be<br /> twofold, namely, a full official list of all names<br /> made use of, or secondly, a system of formal<br /> registration conveying some right of protection such<br /> as is conferred by registration upon owners of<br /> registered trade marks and devices, or names used<br /> as such.<br /> <br /> With regard to the mere official recording of<br /> published names there are a few observations<br /> to be made. Supposing such a list were to be<br /> compiled, it would be a very long one, even if it only<br /> contained the books separately published in each<br /> year, but probably it would have to contain more<br /> than this. Books serialised would have to go in,<br /> and so would short stories and articles. I gave<br /> the instance of my own experience when the author<br /> of a short story, who said (no doubt trulv) that<br /> she was going to republish it, caused my publisher<br /> to insist on my altering the name of a novel which<br /> had been already announced for publication. In<br /> order to prevent this, I should, I suppose, had<br /> such lists as those imagined been in existence,<br /> have had to look through them for ten or twenty<br /> years back, a search which would have been<br /> certainly tiresome and possibly useless for practical<br /> purposes. Take such a title as “Some Emotions<br /> and a Moral.? Under what word would it be<br /> indexed? If tabulated only under the first word,<br /> “Some,” the person desirous of publishing “ An<br /> Emotion and a Moral,” would miss finding it, as he<br /> would have only looked under the word “ An.”<br /> And yet this latter title would clearly be liable to<br /> be mistaken, and its use would be indefensible.<br /> Tf more than one of the elements were indexed, so<br /> that “Some Emotions and a Moral,” would be<br /> found under “Some,” under “Emotion,” and<br /> under “Moral,” the list would be increased still<br /> more, and the staff of clerks necessary to keep it<br /> complete, orderly, and up-to-date would have to<br /> be a large one. In urging the making of such a<br /> list officially as a remedy for the existing grievance,<br /> it must be remembered that the cure proposed<br /> should be a practical one, such as Parliament would<br /> be likely to adopt. It is not easy to show that<br /> the receipt of a book would compensate a public<br /> or national library for the trouble and expense of<br /> indexing its title, and enabling searchers to have<br /> access to the list thus compiled. It is still more<br /> difficult to argue that the receipt of a threepenny<br /> magazine or a halfpenny newspaper should reward<br /> the public institution for selecting from its con-<br /> tents the titles which ought to be recorded.<br /> <br /> This refers to the mere recording of titles<br /> officially without the concurrence or assistance of<br /> <br /> THE AUTHOR. 263<br /> <br /> the authors or publishers. The regis/ration of titles<br /> by authors, so that only those registering shall<br /> acquire a right to use and to protect those titles is<br /> a larger question, the discussion of which I propose<br /> to defer.<br /> <br /> E. A. ARMSTRONG.<br /> <br /> — oe<br /> <br /> The “ Encyclopedia Britannica” in Canada.<br /> <br /> A. &amp; CG. Buack v. THe Iupeertan Book CoMPANY<br /> or TORONTO.<br /> <br /> Wuen the judgment in this important action<br /> was delivered (January, 1903) the present writer<br /> at least thought the world had heard the last<br /> of it. The Imperial Book Company, however,<br /> took it to appeal, and it has now once more been<br /> determined in favour of the English publishers,<br /> Messrs. Adam and Charles Black. As the case<br /> was commented upon at some length in Zhe Author<br /> for April of last year, it is not proposed to repeat<br /> here all the old arguments over the old issues, but<br /> only to consider such parts of it as have acquired<br /> a fresh importance at the appeal trial. And first<br /> the case may be briefly stated.<br /> <br /> Messrs. A. &amp; GC. Black, the owners of the<br /> “Encyclopedia Britannica,” had authorised the<br /> Clark Company of Toronto to publish that work<br /> in Canada, and this firm was actually publishing it<br /> when it was found that another company—The<br /> Imperial Book Company—was importing into<br /> Canada for sale their copies of the same work<br /> printed in the United States. To the action—for<br /> injunction, delivery up of the piracies, and account<br /> of profits—which followed, the defence made by the<br /> Imperial Book Company was shortly as follows :—<br /> <br /> 1. That the Copyright Act is not in force in<br /> Canada.<br /> <br /> 2. That a certificate of registration at Stationers’<br /> Hall is not (even in the absence of rebutting evi-<br /> dence) proof of ownership of copyright.<br /> <br /> 3. That Messrs. Black, having assigned their<br /> copyright to the Clark Company, could not sue ;<br /> and that the Clark Company, not having registered<br /> the assignment, likewise could not maintain the<br /> action.<br /> <br /> 4, That notice had not been properly given to<br /> the Customs, as required by the Customs Laws<br /> Consolidation Act, 1876 (39 &amp; 40 Vict. c. 36, s. 152)<br /> <br /> There were other minor and technical points<br /> raised ; but these were the clear issues, a decision<br /> favourable to the defendants, upon any one of<br /> which would have destroyed Messrs. Black’s right<br /> to their property in Canada. The judge below<br /> <br /> decided adversely to the defendants upon all of<br /> them, the fourth point evidently giving him the<br /> 264<br /> <br /> most trouble. And this fourth point again became<br /> the real question upon which the case turned at<br /> the appeal trial, two judges out of three (Moss,<br /> C.J.0., Maclennan and Maclaren, JJ.A.: April<br /> 19th, 1904) devoting their judgments entirely to<br /> it; and one out of three dissenting from the<br /> opinion of the other two, and being in favour of<br /> reversing the judgment of the Court below. It<br /> may be assumed that the learned judges were in<br /> agreement on all the other points.<br /> <br /> Well, then, as to this fourth point. The question<br /> was: Should Messrs. Black have given proper<br /> notice to the Customs that they wished to bar the<br /> importation of these “ Encyclopedias,” printed<br /> without their authority, into Canada? They said<br /> “No”; The Imperial Book Company said “ Yes.”<br /> Two of the judges said “No”; the third said<br /> “Yes.” Tt all turned on the construction of<br /> Sections 151 and 152 of the Customs Act. Section<br /> 152 expressly states that notice must be given.<br /> But Section 151 states as expressly that the Customs<br /> Acts are to apply to all British Possessions except<br /> such as shall by local Act or ordinance make entire<br /> provision for the management and regulation of the<br /> Customs of any such Possession, or make, nm like<br /> manner, express provisions in lieu or variation of<br /> any of the clauses of the saad Act.<br /> <br /> Was Canada such a Possession? Moss, C.J.,<br /> said “Yes”; Maclennan, J.A., said “Yes” ;<br /> Maclaren, J.A., said “No.” As this is the sole<br /> question upon which the judgment turned, so it is<br /> the sole question in the case which demands of the<br /> interested reader some attention before he can<br /> master the reasons for and against it ; because, in<br /> dissenting from his learned brothers, the last judge<br /> showed very skilfully how a Copyright Act may<br /> get confused with a Customs Act, resulting in<br /> serious differences of opinion in construing them,<br /> as in the present case.<br /> <br /> Now Section 151 of the Act says, “ Such Posses-<br /> sion as shall make entire provision for the regula-<br /> tion of its Customs.” “ But,” asked Maclaren, J.A.,<br /> “is Section 152 to be regarded as part ofa Customs<br /> Actatall 2?” Isit not an amendment of the English<br /> Copyright Act ? Section 17 of that Act states at<br /> large that piracies must not be imported; it<br /> savs nothing about notice to the Customs.<br /> Then comes this Section 152 of the Customs Act,<br /> cutting down the right given by making notice<br /> necessary. Well, then, is not this Section 152<br /> really a Copyright Act? But, if so, it does not<br /> matter how much provision Canada might have<br /> made for the regulation of her Customs—this<br /> Section 152 is outside her control ; in other words,<br /> the notice required by it should have been given.<br /> But, again, Section 151 says: ‘‘ Such Possession as<br /> shall make entire provision for the regulation of its<br /> Customs.” And Canada had made, in regard to<br /> <br /> THE AUTHOR.<br /> <br /> the importation of books, no provision at all!<br /> Therefore, again, Section 151 does not operate to<br /> exclude Canada from the effect of Section 152.<br /> <br /> The opinion of the dissenting judge has here<br /> been given first, in order that the judgment of the<br /> agreeing judges may be more easily grasped as by<br /> way of reply to it. The Chief Justice said :<br /> <br /> “ Section 152 undoubtedly forms part of the<br /> Customs Act... and I do not see how it<br /> can be separated from Section 151 . . . which<br /> nowhere says that it is when the British<br /> Possession has provided protection for the<br /> owners of copyrights that the exception is to<br /> take effect.”<br /> <br /> That is to say: Whether Canada had or had not<br /> made provision for the regulation of copyright is<br /> not the question. She had made provision for the<br /> regulation of her Customs ; these provisions did<br /> not happen to touch the present case ; but the fact<br /> of her having made them excludes her from the<br /> effect of Section 152 by bringing her under the<br /> operation of Section 151.<br /> <br /> In like manner Maclennan, J.A. :<br /> <br /> “Tt is argued that Section 152 is not a<br /> Customs but a Copyright Act . . . and that,<br /> therefore, it applies to Canada notwithstanding<br /> Section 151... . Itis also argued that Section<br /> 17 of the Copyright Actis also a Customs Act,<br /> and is withheld from application to Canada by<br /> Section 151, in which case importation would<br /> no longer be illegal! I cannot agree with<br /> either contention. Section 17 provides against<br /> importation into England and the British<br /> Possessions. . . - If all the Customs Acts<br /> were repealed this enactment would not be<br /> effected. ... No more is Section 152 a<br /> Copyright Act, nor less part of a Customs Act<br /> because, in order to facilitate the transaction<br /> of Customs business, it permits the importation<br /> of copyright works as a penalty for omitting<br /> to give notice. . . . Section 152 is applicable<br /> to the United Kingdom, and to all British<br /> Possessions as have not made provision for the<br /> regulation of their own Customs, but it is not<br /> applicable to Canada.”<br /> <br /> To the student of Copyright law and its intricacies.<br /> it may still seem a trifle doubtful as to which side<br /> has the better of what is after all a mere technical<br /> point, and he may look forward still to seeing the<br /> case before the Privy Council. There will, however,<br /> be little doubt as to which side is in the right.<br /> The space at disposal does not permit of reference<br /> to the other chief but simpler points in the case,<br /> all of which underwent clear and thorough elucida-<br /> tion at the hands of the learned judges. Particularly<br /> interesting and lucid was the distinction which<br /> Judge-Advocate Maclennan drew between an<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> assignment and a licence ; and Mr. MacGillivray<br /> came in for another compliment in being quoted<br /> by the Court of Appeal as well as in the Court<br /> below.<br /> <br /> CHARLES WEEKES.<br /> <br /> oe<br /> <br /> COPYRIGHT LEGISLATION IN THE 58TH<br /> CONGRESS OF THE UNITED STATES.<br /> <br /> —_e<br /> <br /> (From The United States Publishers’ Weekly).<br /> <br /> F the bills to amend the Revised Statutes<br /> relating to copyrights only one became law,<br /> namely, that providing for copyright pro-<br /> <br /> tection to exhibitors at St. Louis.<br /> <br /> The amendment to Section 4952 of the Revised<br /> Statutes, making provision for an extension of the<br /> present system of providing for authorised transla-<br /> tions, was favourably reported in both houses, but<br /> did not secure a vote.<br /> <br /> Bill 5314, introduced in the Senate by Mr. Platt,<br /> of Connecticut, to limit free importation of books<br /> copyrighted in the United States, was read twice<br /> and referred to the Committee on Patents. The<br /> modification, given below in italics, occurs in<br /> Chapter 3, Section 4956 :<br /> <br /> “ . . but the privilege accorded to certain institu-<br /> tions, under paragraph 515 of Section two of the said<br /> Act, to import, free of duty, not more than two copies<br /> of books, maps, lithographic prints and charts, shall<br /> apply to the importation of books, maps, lithographac<br /> prints and charts, which have been copyrighted in the<br /> United States, only when holders of the American<br /> copyrights thereof in writing consent to such importa-<br /> tion; and except in the case of persons purchasing<br /> for use and not for sale, who import subject to the<br /> duty thereon and with the written consent of the<br /> holders of the American copyrights, not more than<br /> two copies of such book at any one time.”<br /> <br /> The Bill No. 13355, introduced in the House by<br /> Mr. Tawney, requiring the filing of proof that<br /> copyright books, etc., are printed from type set<br /> within the limits of the United States and provid-<br /> ing a penalty for the making of false proof or<br /> wilful failure to comply with the condition of the<br /> present law, passed the House, but did not reach<br /> the Senate. ‘The amendment was proposed to take<br /> the place of the last two provisions of Section 4956,<br /> and reads as follows :<br /> <br /> “That accompanying the two copies of the<br /> book, photo, chromo or lithograph required to be<br /> delivered or deposited, as herein provided, there<br /> shall be an affidavit under the official seal of any<br /> officer authorised to administer oaths within the<br /> United States, duly made by the person desiring<br /> <br /> THE AUTHOR.<br /> <br /> 265<br /> <br /> the said copyright or by his duly authorised agent or<br /> representative residing in the United States, setting<br /> forth that the two copies required to be so deposited<br /> have been printed from type set within the limits<br /> of the United States or from plates made there-<br /> from or from negatives or drawings on stone made<br /> within the limits of the United States or from<br /> transfers made therefrom; and the place within<br /> the limits of the United States at which such type<br /> was set, or plates or negatives were made, and by<br /> whom.<br /> <br /> “Sec, 2. That any person violating any of the<br /> provisions of this Act or who shall be guilty of<br /> making a false affidavit as to his having complied<br /> with the conditions thereof for the purpose of<br /> obtaining a copyright shall be deemed guilty of<br /> a misdemeanour, and upon conviction thereof shall<br /> be punished by a fine of not more than one thou-<br /> sand dollars, and of all his rights and privileges<br /> under said copyright shall thereafter be forfeited.”<br /> <br /> Mr. Otis, from the Committee on Patents, sub-<br /> mitted a report on Mr. Tawney’s amendment, which<br /> concludes as follows :<br /> <br /> “The law now provides that no person shall be<br /> entitled to a copyright unless he shall on or before<br /> the day of publication in this or any foreign<br /> country deliver at the office of the Librarian of<br /> Congress or deposit in the mail within the United<br /> States addressed to the Librarian of Congress a<br /> printed copy of the title of his publication or other<br /> matter for which he applies for copyright. He is<br /> also required by the existing law, not later than<br /> the day of publication, to deposit with the Librarian<br /> of Congress two copies of such copyright book,<br /> map, chart, etc., and the law expressly provides<br /> that these two copies ‘shall be printed from type<br /> set within the limits of the United States, or from<br /> plates made therefrom, or from negatives or<br /> drawings on stone made within the limits of the<br /> United States, or from transfers made therefrom.’<br /> The law which thus requires the deposit of two<br /> copies of the publication and that the same shall<br /> be printed from type set within the limits of the<br /> United States, etc., before a copyright can be<br /> obtained, does not require any proof to be filed<br /> that such books have been thus printed within the<br /> limits of the United States, nor does it impose any<br /> penalty whatever upon an author or publisher who<br /> obtains a copyright without having first complied<br /> with this condition as to the printing from type set<br /> within the limits of the United States.<br /> <br /> “ After investigation your committee have reason<br /> to believe that it is not only possible, but that in<br /> some instances the present law has been evaded<br /> and violated to the injary of American labour, and<br /> that this can be done with comparative ease under<br /> the existing law ; that there is no remedy and no<br /> means of enforcing this condition as to printing<br /> <br /> <br /> <br /> <br /> 264<br /> <br /> most trouble. And this fourth point again became<br /> the real question upon which the case turned at<br /> the appeal trial, two judges out of three (Moss,<br /> C.J.O., Maclennan and Maclaren, JJ.A.: April<br /> 19th, 1904) devoting their judgments entirely to<br /> it; and one out of three dissenting from the<br /> opinion of the other two, and being in favour of<br /> reversing the judgment of the Court below. It<br /> may be assumed that the learned judges were in<br /> agreement on all the other points.<br /> <br /> Well, then, as to this fourth point. The question<br /> was: Should Messrs. Black have given proper<br /> notice to the Customs that they wished to bar the<br /> importation of these “ Encyclopedias,” printed<br /> without their authority, into Canada? They said<br /> “No”; The Imperial Book Company said “ Yes.”<br /> Two of the judges said “No”; the third said<br /> “Yes.” Jt all turned on the construction of<br /> Sections 151 and 152 of the Customs Act. Section<br /> 152 expressly states that notice must be given.<br /> But Section 151 states as expressly that the Customs<br /> Acts are to apply to all British Possessions except<br /> such as shall by local Act or ordinance make entire<br /> provision for the management and regulation of the<br /> Customs of any such Possession, or make, in like<br /> manner, express provisions in lieu or variation of<br /> any. of the clauses of the said Act.<br /> <br /> Was Canada such a Possession? Moss, C.J.,<br /> said ‘“ Yes”; Maclennan, J.A., said “Yes”;<br /> Maclaren, J.A., said “No.” As this is the sole<br /> question upon which the judgment turned, so it is<br /> the sole question in the case which demands of the<br /> interested reader some attention before he can<br /> master the reasons for and against it; because, in<br /> dissenting from his learned brothers, the last judge<br /> showed very skilfully how a Copyright Act may<br /> get confused with a Customs Act, resulting in<br /> serious differences of opinion in construing them,<br /> as in the present case.<br /> <br /> Now Section 151 of the Act says, “ Such Posses-<br /> sion as shall make entire provision for the regula-<br /> tion ofits Customs.” “But,” asked Maclaren, J.A.,<br /> “tis Section 152 to be regarded as part of a Customs<br /> Actatall 2?” Isit not an amendment of the English<br /> Copyright Act? Section 17 of that Act states at<br /> large that piracies must not be imported; it<br /> says nothing about notice to the Customs.<br /> Then comes this Section 152 of the Customs Act,<br /> cutting down the right given by making notice<br /> necessary. Well, then, is not this Nection 152<br /> really a Copyright Act? But, if so, it does not<br /> matter how much provision Canada might have<br /> made for the regulation of her Customs—this<br /> Section 152 is outside her control ; in other words,<br /> the notice required by it should have been given.<br /> But, again, Section 151 says: ‘“‘ Such Possession as<br /> shall make entire provision for the regulation of its<br /> Customs.” And Canada had made, in regard to<br /> <br /> THE AUTHOR.<br /> <br /> the importation of books, no provision at all!<br /> Therefore, again, Section 151 does not operate to<br /> exclude Canada from the effect of Section 152.<br /> <br /> The opinion of the dissenting judge has here<br /> been given first, in order that the judgment of the<br /> agreeing judges may be more easily grasped as by<br /> way of reply to it. The Chief Justice said :<br /> <br /> “Section 152 undoubtedly forms part of the<br /> Customs Act... and I do not see how it<br /> can be separated from Section 151 . . . which<br /> nowhere says that it is when the British<br /> Possession has provided protection for the<br /> owners of copyrights that the exception is to<br /> take effect.”<br /> <br /> That is to say: Whether Canada had or had not<br /> made provision for the regulation of copyright is<br /> not the question. She had made provision for the<br /> regulation of her Customs ; these provisions did<br /> not happen to touch the present case; but the fact<br /> of her having made them excludes her from the<br /> effect of Section 152 by bringing her under the<br /> operation of Section 151.<br /> <br /> In like manner Maclennan, J.A. :<br /> <br /> “Tt is argued that Section 152 is not a<br /> Customs but a Copyright Act . . . and that,<br /> therefore, it applies to Canada notwithstanding<br /> Section 151... . Itis also argued that Section<br /> 17 of the Copyright Actis also a Customs Act,<br /> and is withheld from application to Canada by<br /> Section 151, in which case importation would<br /> no longer be illegal! JI cannot agree with<br /> either contention. Section 17 provides against<br /> importation into England and the British<br /> Possessions. . . . If all the Customs Acts<br /> were repealed this enactment would not be<br /> effected. ... No more is Section 152 a<br /> Copyright Act, nor less part of a Customs Act<br /> because, in order to facilitate the transaction<br /> of Customs business, it permits the importation<br /> of copyright works as a penalty for omitting<br /> to give notice. . . . Section 152 is applicable<br /> to the United Kingdom, and to all British<br /> Possessions as have not made provision for the —<br /> regulation of their own Customs, but it is nob<br /> applicable to Canada.”<br /> <br /> To the student of Copyright law and its intricacies<br /> it may still seem a trifle doubtful as to which side<br /> has the better of what is after all a mere technical<br /> point, and he may look forward still to seeing the<br /> case before the Privy Council. There will, however,<br /> be little doubt as to which side is in the right.<br /> The space at disposal does not permit of reference —<br /> to the other chief but simpler points in the case, —<br /> all of which underwent clear and thorough elucida-<br /> tion at the hands of the learned judges. Particularly -<br /> interesting and lucid was the distinction which —<br /> Judge-Advocate Maclennan drew between an<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> assignment and a licence; and Mr. MacGillivray<br /> came in for another compliment in being quoted<br /> by the Court of Appeal as well as in the Court<br /> below.<br /> <br /> CHARLES WEEKES.<br /> <br /> of 6<br /> <br /> COPYRIGHT LEGISLATION IN THE 58TH<br /> CONGRESS OF THE UNITED STATES.<br /> <br /> —“~-<br /> <br /> (From The United States Publishers’ Weekly).<br /> <br /> F the bills to amend the Revised Statutes<br /> relating to copyrights only one became law,<br /> namely, that providing for copyright pro-<br /> <br /> tection to exhibitors at St. Louis.<br /> <br /> The amendment to Section 4952 of the Revised<br /> Statutes, making provision for an extension of the<br /> present system of providing for authorised transla-<br /> tions, was favourably reported in both houses, but<br /> did not secure a vote.<br /> <br /> Bill 5314, introduced in the Senate by Mr. Platt,<br /> of Connecticut, to limit free importation of books<br /> copyrighted in the United States, was read twice<br /> and referred to the Committee on Patents. The<br /> modification, given below in italics, occurs in<br /> Chapter 3, Section 4956 :<br /> <br /> “ . . but the privilege accorded to certain institu-<br /> tions, under paragraph 515 of Section two of the said<br /> Act, to import, free of duty, not more than two copies<br /> of books, maps, lithographic prints and charts, shall<br /> apply to the importation of books, maps, lithographic<br /> prints and charts, which have been copyrighted in the<br /> United States, only when holders of the American<br /> copyrights thereof in writing consent to such importa-<br /> tion; and except in the case of persons purchasing<br /> for use and not for sale, who import subject to the<br /> duty thereon and with the written consent of the<br /> holders of the American copyrights, not more than<br /> two copies of such book at any one time.”<br /> <br /> The Bill No. 13355, introduced in the House by<br /> Mr. Tawney, requiring the filing of proof that<br /> copyright books, etc., are printed from type set<br /> within the limits of the United States and provid-<br /> ing a penalty for the making of false proof or<br /> wilful failure to comply with the condition of the<br /> present law, passed the House, but did not reach<br /> the Senate. The amendment was proposed to take<br /> the place of the last two provisions of Section 4956,<br /> and reads as follows :<br /> <br /> “That accompanying the two copies of the<br /> book, photo, chromo or lithograph required to be<br /> delivered or deposited, as herein provided, there<br /> shall be an affidavit under the official seal of any<br /> officer authorised to administer oaths within the<br /> United States, duly made by the person desiring<br /> <br /> <br /> <br /> 265<br /> <br /> the said copyright or by his duly authorised agent or<br /> representative residing in the United States, setting<br /> forth that the two copies required to be so deposited<br /> have been printed from type set within the limits<br /> of the United States or from plates made there-<br /> from or from negatives or drawings on stone made<br /> within the limits of the United States or from<br /> transfers made therefrom; and the place within<br /> the limits of the United States at which such type<br /> was set, or plates or negatives were made, and by<br /> whom. :<br /> <br /> “Sec. 2. That any person violating any of the<br /> provisions of this Act or who shall be guilty of<br /> making a false affidavit as to his having complied<br /> with the conditions thereof for the purpose of<br /> obtaining a copyright shall be deemed guilty of<br /> a misdemeanour, and upon conviction thereof shall<br /> be punished by a fine of not more than one thou-<br /> sand dollars, and of all his rights and privileges<br /> under said copyright shall thereafter be forfeited.”<br /> <br /> Mr. Otis, from the Committee on Patents, sub-<br /> mitted a report on Mr. Tawney’s amendment, which<br /> concludes as follows :<br /> <br /> “The law now provides that no person shall be<br /> entitled to a copyright unless he shall on or before<br /> the day of publication in this or any foreign<br /> country deliver at the office of the Librarian of<br /> Congress or deposit in the mail within the United<br /> States addressed to the Librarian of Congress a<br /> printed copy of the title of his publication or other<br /> matter for which he applies for copyright. He is<br /> also required by the existing law, not later than<br /> the day of publication, to deposit with the Librarian<br /> of Congress two copies of such copyright book,<br /> map, chart, etc., and the law expressly provides<br /> that these two copies ‘shall be printed from type<br /> set within the limits of the United States, or from<br /> plates made therefrom, or from negatives or<br /> drawings on stone made within the limits of the<br /> United States, or from transfers made therefrom.’<br /> The law which thus requires the deposit of two<br /> copies of the publication and that the same shall<br /> be printed from type set within the limits of the<br /> United States, etc., before a copyright can be<br /> obtained, does not require any proof to be filed<br /> that such books have been thus printed within the<br /> limits of the United States, nor does it impose any<br /> penalty whatever upon an author or publisher who<br /> obtains a copyright without having first complied<br /> with this condition as to the printing from type set<br /> within the limits of the United States.<br /> <br /> « After investigation your committee have reason<br /> to believe that it is not only possible, but that in<br /> some instances the present law has been evaded<br /> and violated to the injury of American labour, and<br /> that this can be done with comparative ease under<br /> the existing law ; that there is no remedy and no<br /> means of enforcing this condition as to printing<br /> <br /> <br /> (266<br /> <br /> from type set by American labour and within our<br /> own country. That being the case, your committee<br /> is of the opinion that the person applying for a<br /> copyright should be required as a condition prece-<br /> dent to furnish proof in the form of an affidavit<br /> that all of these conditions with respect to the<br /> labour employed in the printing and the place of<br /> printing the copies of books to be deposited have<br /> been complied with, and in the event that any<br /> false statement is made in said affidavit concerning<br /> a material fact, and upon conviction thereof, the<br /> person thus attempting to obtain a copyright<br /> should be punished and the copyright forfeited.”<br /> <br /> oo —<br /> CoMMENT.<br /> <br /> Tue United States publishers have always been<br /> to the fore in promoting satisfactory Copyright<br /> Legislation, but the heart of the politician is<br /> hardened and he still seeks to hamper the litera-<br /> ture of his own country for the benefit of the<br /> printer and typesetter.<br /> <br /> Commenting on the question of extended trans-<br /> lation rights The Publishers’ Weekly states as<br /> follows :—<br /> <br /> “It is certainly to be hoped that some relief will be<br /> given to foreign authors by replacing the requirement for<br /> simultaneous publication with a provision permitting time<br /> for making adequate arrangements between an American<br /> author and a foreign author, and for the actual work of<br /> translation. So strong has been the German feeling<br /> against the present limitation, or nullification, of pro-<br /> tection for translations, that there is a movement in<br /> Germany among authors and publishers to request the<br /> German Government to withdraw from copyright relations<br /> with this country. This would be doubly unfortunate, as<br /> it would not help here in bringing about better arrange-<br /> ments, and would definitely harm the German music and<br /> art interests, which are protected under the present<br /> copyright law.”<br /> <br /> This action on the part of Germany is the first<br /> sign of dissatisfaction with and retaliation against<br /> the United States Act. The United States<br /> publishers see the danger, and with the strenuous<br /> exertions of Mr. Putnam have succeeded for atime<br /> in removing it. If the amendment is passed Ger-<br /> many may be temporarily satisfied, though there<br /> are other nations not altogether satisfied with the<br /> so-called reciprocity created by the present Act.<br /> <br /> Ifthe amendment is not passed Germany may<br /> think fit, as she has already threatened, to cancel<br /> her treaty, and the politician will begin to reap the<br /> fruit of his hardness of heart. When the clamour<br /> of the United States authors, who are now, even<br /> under this limited protection, growing in numbers,<br /> is heard, he will perhaps realise who are the real<br /> producers of a country’s literature.<br /> <br /> The question of the importation of copies is not<br /> one of great account, and it can be passed over,<br /> <br /> THE AUTHOR.<br /> <br /> but the question of insisting upon an affidavit being<br /> made, and an affidavit before an officer authorised<br /> to administer oaths in the United States, will not<br /> only seriously hamper all foreign authors in obtain-<br /> ing copyright, but will be another difficulty to the<br /> producers of literature in the United States itself.<br /> The Publishers’ Weekly makes the following<br /> comment :—<br /> <br /> “The proposal to require from publishers affidavits as to<br /> manufacture in this country seems to be an unnecessary<br /> annoyance, unless it can be shown that this is necessary to<br /> carry out the manufacturing clause, on which the present<br /> law is centred. We have become affidavit crazy in this<br /> country, and the number of affidavits to be taken by a<br /> business man, especially for governmental accounts, is so<br /> great that the oath has become as perfunctory as the<br /> signature of government officials. It was claimed at the<br /> hearing in this proposal that many publishers were import-<br /> ing plates as junk and printing from them copyright<br /> editions. If this can be shown to be true to any consider-<br /> able extent, that would be sufficient reason for the proposed<br /> affidavit, which otherwise would be considered unnecessary.<br /> <br /> “It is to be regretted by the friends of a true international<br /> copyright that so little progress has been made in this<br /> country since 1891 towards a better system, such as is<br /> almost universally adopted by other civilised countries<br /> under the terms of the Berne Convention. The need is<br /> generally felt, and now generally expressed, of a larger<br /> treatment of the question than is possible in piecemeal<br /> legislation, and the pressure for a copyright commission is<br /> becoming so general that before long we should see a body<br /> of experts representing the several interests involved,<br /> including those of authors and readers as well as manu-<br /> facturers, appointed by Congress or under Congressional<br /> authority by the President.’’<br /> <br /> The publishers take a clear and correct view of<br /> the situation. It is clear and correct from the<br /> standpoint of those who produce the work, from<br /> whose minds the stories are evolved, and by whose<br /> labour they are made into a marketable commodity,<br /> Germany has threatened to retaliate if the amend-<br /> ment relating to translations is not passed ; but<br /> this question of affidavits may bring forward<br /> retaliation on the part of other countries, and<br /> if the retaliation is followed by a demand for<br /> strict reciprocity, or carried further by the<br /> cancellation of the existing arrangements, the<br /> authors of the United States will find themselves<br /> face to face with the loss of a great part of their<br /> income and some of their largest markets, and the<br /> publishers with that dread competition in pirated<br /> works which was one of the reasons that caused the<br /> American trade to throw the whole of its support<br /> on the side of a satisfactory copyright law.<br /> <br /> When before 1891 piracy was legitimate, the<br /> United States had but few authors and little<br /> literature, and it was with difficulty owing to their<br /> small numbers they got a hearing for the protection<br /> of their rights, but, under this present copyright<br /> law, full of limitations as it is, the protection<br /> afforded has brought to the front many writers,<br /> and much literature, and has given a strong stimulus<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> to the publishing trade. It is not likely, therefore,<br /> that this body of writers, now numerous and<br /> influential, will allow itself tamely to be sat upon<br /> by those trades who fancy they may suffer.<br /> <br /> Perhaps the day will come when the United<br /> States as a whole will grasp the fact that the<br /> larger the protection given to their authors the<br /> greater will be the literature of their country, and,<br /> no doubt, as a corollary the greater will be the<br /> business which will accrue to the typesetter and<br /> printer.<br /> <br /> —_——_—__—_—_e——__—_<br /> THE UNITED STATES COPYRIGHT<br /> LEAGUE.<br /> <br /> —<br /> <br /> HE American Copyright League, communi-<br /> cating with the Society, expressed a desire<br /> that the Committee of the Society of Authors<br /> <br /> should make a Report, expressing in their opinion<br /> the present difficulties existing under the United<br /> States Copyright Act.<br /> <br /> The League, however, barred from the discus-<br /> sion the question of printing in the United States.<br /> This is, of course, the most important point of<br /> difference, one which particularly needs amend-<br /> ment; but in accordance with the wishes of the<br /> American Copyright League, the Committee, after<br /> full consideration of the subject, forwarded a Report,<br /> omitting this question entirely. It may interest<br /> the members to see the points set ont in detail ;<br /> the Committee have therefore decided to print<br /> the Report with the answer of the Copyright<br /> League.<br /> <br /> It is drafted in the form of a letter from the<br /> Secretary of the British Society to the Secretary of<br /> the United States League.<br /> <br /> Report of the Copyright Sub-Committee on the Amendment<br /> of the United States Copyright Law.<br /> To<br /> THE SECRETARY THE AMERICAN COPYRIGHT LEAGUE,<br /> <br /> March 29th, 1904.<br /> <br /> DEAR §1R,—While thanking your Association once more<br /> for the desire you have expressed that the Author’s Society<br /> should send a report of its views on the amendment of the<br /> United States Copyright Act, the Committee feel that you<br /> have placed them in a somewhat difficult position by the<br /> exclusion from the discussion of the question of type-<br /> setting in the United States, the point to which, before all<br /> others, they attach the greatest importance.<br /> <br /> In accordance with the information contained in my<br /> former letter, on the authority of the Managing Com-<br /> mittee, the Copyright Sub-Committee was called together.<br /> They met at the offices of the Society on March 25th, and,<br /> after careful consideration and discussion, desire the<br /> following report to be forwarded to you.<br /> <br /> Firstly, they would place before you the question of<br /> simultaneous publication. They consider that the term<br /> should be more clearly defined, and if possible a longer<br /> period allowed for the production in the United States of<br /> <br /> 267<br /> <br /> work published in England. The Committee would like to<br /> draw your attention to the definition on page 17 of the<br /> draft Bill enclosed.* This Bill embodies, so far as it goes,<br /> the present views of British authors and publishers as to<br /> the amendment of the existing British Copyright Law, and<br /> it will, no doubt, form the basis of any alteration of the<br /> law that may be passed by the Government. At present,<br /> however, there appears to be no immediate prospect of the<br /> Government taking up the matter, and the Bill is only set<br /> before you to draw your attention to various points, and to<br /> afford an example of the present trend of copyright amend-<br /> ment in this country. On page 17 referred to, you will see<br /> a proposed definition of “‘ simultaneously,’’ and the Society<br /> of Authors considers that it would be a great advantage, if,<br /> in the United States, you could put forward some similar<br /> definition. The period to be fourteen days at the least.<br /> Any longer period which might be suggested would, of<br /> course, be of still greater advantage to British authors.<br /> <br /> The second point to which the Committee would draw<br /> your attention is the duration of copyright.<br /> <br /> In the present Act of the United States, copyright exists<br /> for twenty-eight years, and for a further period of fourteen<br /> years in certain circumstanees. We would like to call<br /> your attention to Sec. 4, Sub-sec. C., of the Bill enclosed.<br /> After taking into consideration all the conflicting interests,<br /> the Committee have come to the conclusion that the best<br /> length for the duration of copyright would be the life of<br /> the author and thirty years. In some cases, no doubt,<br /> under the present British law, copyright might endure for<br /> a longer period, since, as you are no doubt aware, the<br /> present term of copyright is for forty-two years from<br /> the date of publication, or the life of the author, and<br /> seven years afterwards, whichever is the longer period,<br /> so that, in exceptional circumstances, a change in the law<br /> might reduce the term of copyright twelve years. But the<br /> Society of Authors supports the change for two reasons,<br /> firstly, it does away with the necessity of determining the<br /> exact date of publication ; secondly, it is in conformity<br /> with the period of copyright which finds most favour in<br /> European countries, and might thus, if generally adopted,<br /> form a step towards the codification of the international<br /> law on the subject.<br /> <br /> The third point to which we should like to draw attention<br /> is the necessity for a summary remedy in cases of infringe-<br /> ment of copyright and dramatic rights, in regard to which<br /> the Committee beg to refer you to page 9, Clause 25, of the<br /> Bill. It has been found on many occasions difficult to<br /> secure any adequate protection against one who infringes<br /> copyright or performing right, owing to the fact that there<br /> is no summary procedure. The Committee understand that<br /> this difficulty has also occurred in the case of infringement<br /> of dramatic rights in the United States, where an actor<br /> manager has infringed a performing right in one State, and<br /> has entered the jurisdiction of another State. With regard<br /> to musical copyright, infringement in Great Britain has<br /> been so universal, and has inflicted such a serious loss upon<br /> the holders of musical copyright property that the Govern-<br /> ment has been forced to pass a small Amending Act (see<br /> copy enclosed) by which musical copyright holders are<br /> empowered to take very stringent and summary proceedings,<br /> and a further Amending Bill is now before Parliament (see<br /> copy enclosed). Proceedings of a similar nature, we suggest,<br /> would prove a great advantage in the United States.<br /> <br /> Finally, our Committee desire to call your attention to<br /> copyright in a review or a magazine, Section 10, page 5,<br /> in order that the ownership of the copyright in these circum-<br /> stances may be more clearly defined.<br /> <br /> There is one further point, which does not so much deal<br /> with the amendment of the copyright law, as the method of<br /> <br /> <br /> <br /> * The Committee enclosed the final Draft of the last<br /> Copyright Bill.<br /> 268<br /> <br /> administration of the present Act. An article or a book<br /> may be copyrighted in the United States as well as in<br /> England. For some reason or other there is a desire to<br /> introduce the work into the United States, printed and pro-<br /> duced in England. For this purpose the English copyright<br /> owner prints on the copy “ Copyright in the United States,”<br /> under the terms of your Act. The Custom House authorities<br /> refuse to pass the book, because of the imprint ‘* Copyright<br /> in the United States,” which they say is contrary to the<br /> law. ‘This may, no doubt, be the case ; but if, on the other<br /> hand, the book is introduced without this notice, pirates in<br /> the United States assert that they have obtained a copy<br /> which does not bear the requisite copyright notice under<br /> the Act, and that, in consequence, the copyright has not<br /> been properly secured. The pirates, therefore, consider that<br /> they are at liberty to reprint in any form they think fit.<br /> It would seem that if these literary thieves secured only<br /> one book, on which the copyright Notice was omitted,<br /> there would be a danger of the work being pirated,<br /> <br /> It must be clearly understood that in regard to simul-<br /> taneous publication, and to the duration of copyright for<br /> the life of the author and thirty years, the reforms herein<br /> suggested could not be put in operation in the United<br /> Kingdom until an amendment of the existing law had been<br /> passed.<br /> <br /> The Committee feel honoured by the distinction you<br /> have conferred upon the Society by asking its opinion on<br /> this most difficult question, and I trust that the report<br /> which they are submitting herewith, together with the<br /> draft Bill enclosed, may be of material assistance in bring-<br /> ing about some alteration in the United States Copyright<br /> Act.<br /> <br /> Believe me to be, yours very truly,<br /> G. HERBERT THRING,<br /> Secretary.<br /> <br /> April 27th, 1904.<br /> <br /> DEAR SrR,—At a meeting of the Executive Council of<br /> the American Copyright League held yesterday, I had the<br /> honour of presenting your letter of March 29th, 1904,<br /> which was carefully considered by the Council. On behalf<br /> of the Council I thank your Society for your attention to<br /> our request, and also for the drafts of the proposed British<br /> copyright legislation. Your Society’s suggestions will be<br /> given full attention in any legislation covering the scope<br /> of them.<br /> <br /> On one point I may call the attention of your Committee<br /> to a misapprehension. There is no lack of protective<br /> legislation in this country relative to the infringement<br /> of dramatic rights. The Society of Dramatic Authors,<br /> supported by this League, some years ago procured from<br /> Congress a Bill enabling the process of one judicial district<br /> to be enforced against a violation of copyright law in<br /> another district, thus putting an end to the previous<br /> security of the one-night stand pirate, whose peripatetic<br /> offences against the law could not be promptly reached.<br /> In addition to this there are eight of our States in which<br /> special legislation has been passed, making it a misdemeanor<br /> to produce plays without permission of the owner of the<br /> copyright, and this legislation is likely to be still further<br /> extended. You will therefore see that there is really<br /> nothing left to be done in the matter of American security<br /> for dramatic copyright. This is the only form of copyright<br /> invasion which is an offence against both the civil and the<br /> criminal law,<br /> <br /> T am, indeed,<br /> <br /> Very respectfully yours,<br /> <br /> R. U, JOHNSON,<br /> Secretary.<br /> G, HERBERT THRING, Esq.,<br /> <br /> Secretary Incorporated Society of Authors,<br /> <br /> 39, Old Queen Street, Storey’s Gate, 8. W.,<br /> London, England.<br /> <br /> THE AUTHOR.<br /> <br /> MAGAZINE CONTENTS.<br /> <br /> — +<br /> <br /> THE BOOKMAN,<br /> <br /> Three Nature Writers — ‘ Isaac<br /> <br /> | Walton,’ “ Gilbert<br /> White,” “ Richard Jefferies.”<br /> <br /> By G. Forrester Scott,<br /> <br /> BLACKWOOD’sS MAGAZINE,<br /> A Scottish Philosopher&#039;s Autobiography.<br /> The late Prof. York Powell.<br /> In “ Musings without Method,’’<br /> Mr. Boutmy’s Generalisations,<br /> A Great Proconsul.<br /> <br /> THE CONTEMPORARY REVIEW.<br /> <br /> Frances Power Cobbe. By the Rev. John Verschoyle.<br /> The Riddle of the Universe. By Prof. C. Lloyd Morgan,<br /> Jean Louis Nicode, By A. E, Keeton.<br /> <br /> THE CORNHILL MAGAZINE.<br /> <br /> Sir John Moore.<br /> Maxwell, Bart.<br /> <br /> By the Right Honble. Sir Herbert<br /> <br /> THE FORTNIGHTLY.<br /> Shakespeare&#039;s Protestantism. By W. 8. Lilly.<br /> Herbert Spencer : His Autobiography and his Philosophy.<br /> By Francis Gribble,<br /> The Prologue of Arcturus. By Edmund Gosse.<br /> The Plague of Novels. By J. Cuthbert Hadden.<br /> <br /> INDEPENDENT REVIEW.<br /> Leslie Stephen, By Sir Frederick Pollock.<br /> Mr, Sturge Moore’s Poems. By Robert Trevelyan,<br /> MACMILLAN’S MAGAZINE,<br /> <br /> The Girlhood of George Sand.<br /> <br /> THE MONTHLY REVIEW.<br /> <br /> A Note on Leslie Stephen. By R. E. Crook.<br /> <br /> Thackeray&#039;s Boyhood. By the late Rev, Whitwell<br /> Elwin,<br /> <br /> John Dyer.<br /> <br /> Frederick York Powell.<br /> <br /> By J. C. Bailey.<br /> By Theodore Andrea Cook.<br /> THE NATIONAL REVIEW.<br /> The New Ireland. By Sir Gilbert Parker.<br /> Napoleon and the United States. By J. R. Fisher,<br /> The Poet’s Diary, No. 6. Edited by Lamia,<br /> THE NINETEENTH CENTURY.<br /> How They ‘Train Actors in Paris, By Richard Whiteing.<br /> The Kingsley Novels. By Walter Frewen Lord,<br /> THE PALL MALL MAGAZINE,<br /> <br /> Our Degenerate Stage—Opinion and Suggestions of<br /> French Dramatists and Actors: M. Paul Hervien, M.<br /> Francois Coppee, M. Jules Bois, and M. Coquelin.<br /> <br /> THE WORLD&#039;S WORK.<br /> <br /> Herbert Spencer&#039;s Life.<br /> <br /> The Making of a Time Table. By W. J. Scott.<br /> <br /> There are no articles of literary, dramatic or musical<br /> interest in Zhe Month or Longman’s Magazine.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> WARNINGS TO THE PRODUCERS<br /> OF BOOKS.<br /> <br /> —+<br /> <br /> ERE are a few standing rules to be observed in an<br /> agreement. There are four methods of dealing<br /> with literary property :—<br /> <br /> I. Selling it Outright.<br /> <br /> This is sometimes satisfactory, if @ proper price can be<br /> obtained. But the transaction should be managed by a<br /> competent agent, or with the advice of the Secretary of<br /> the Society.<br /> <br /> Il. A Profit-Sharing Agreement (a bad form of<br /> agreement).<br /> <br /> In this case the following rules should be attended to:<br /> <br /> (1.) Not to sign any agreement in which the cost of pro-<br /> duetion forms a part without the strictest investigation.<br /> <br /> (2.) Not to give the publisher the power of putting the<br /> profits into his own pocket by charging for advertisements<br /> in his own organs, or by charging exchange advertise-<br /> ments. Therefore keep control of the advertisements.<br /> <br /> (3.) Not to allow a special charge for “ office expenses,”<br /> unless the same allowance is made to the author.<br /> <br /> (4.) Not to give up American, Colonial, or Continental<br /> rights.<br /> <br /> (5.) Not to give up serial or translation rights.<br /> <br /> (6.) Not to bind yourself for future work to any publisher.<br /> As well bind yourself for the future to any one solicitor or<br /> doctor !<br /> <br /> III, The Royalty System.<br /> <br /> This is perhaps, with certain limitations, the best form<br /> of agreement. It is above all things necessary to know<br /> what the proposed royalty means to both sides. It is now<br /> possible for an author to ascertain approximately the<br /> truth, From time to time very important figures connected<br /> with royalties are published in Ze Author.<br /> <br /> IV. A Commission Agreement.<br /> <br /> The main points are :—<br /> <br /> (1.) Be careful to obtain a fair cost of production.<br /> (2.) Keep control of the advertisements.<br /> <br /> (3.) Keep control of the sale price of the book,<br /> <br /> General.<br /> <br /> All other forms of agreement are combinations of the four<br /> above mentioned.<br /> <br /> Such combinations are generally disastrous to the author,<br /> <br /> Never sign any agreement without competent advice from<br /> the Secretary of the Society.<br /> <br /> Stamp all agreements with the Inland Revenue stamp.<br /> <br /> Avoid agreements by letter if possible.<br /> <br /> The main points which the Society has always demanded<br /> from the outset are :—<br /> <br /> (1.) That both sides shall know what an agreement<br /> means.<br /> <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 /> <br /> (3.) Always avoid a transfer of copyright,<br /> <br /> s—~&gt;<br /> <br /> WARNINGS TO DRAMATIC AUTHORS.<br /> <br /> og<br /> EVER sign an agreement without submitting it to the<br /> Secretary of the Society of Authors or some com-<br /> petent legal authority.<br /> 2. It is well to be extremely careful in negotiating for<br /> the production of a play with anyone except an established<br /> manager,<br /> <br /> 269<br /> <br /> : 3. There are three forms of dramatic contrac<br /> in three or more acts :—<br /> <br /> (a.) Sale outright of the performing right. This<br /> is unsatisfactory, An author who enters into<br /> such a contract should stipulate in the contract<br /> for production of the piece by a certain date<br /> and for proper publication of his name on the<br /> play-bills.<br /> <br /> (&gt;.) Sale of performi i i<br /> <br /> ( p ing right or of a licence to<br /> perform on the basis of percentages on<br /> gross receipts. Percentages vary between 5<br /> and 15 per cent. An author should obtain a<br /> percentage on the sliding scale -of gross receipts<br /> <br /> t for plays<br /> <br /> in preference to the American system. Should<br /> obtain a sum inadvance of percentages. A fixed<br /> <br /> date on or before which the play should be<br /> performed. :<br /> <br /> (¢.) Sale of performing right or of a licence to<br /> perform on the basis of royalties (i.c., fixed<br /> nightly fees). This method should be always<br /> avoided except in cases where the fees are<br /> likely to be small or difficult to collect. The<br /> other safeguards set out under heading (@.) apply<br /> also in this case. :<br /> <br /> 4. Plays in one act are often sold outright, but it is<br /> better to obtain a small nightly fee if possible, and a sum<br /> paid in advance of such fees in any event. It is extremely<br /> important that the amateur rights of one-act plays should<br /> be reserved. :<br /> <br /> 5. Authors should remember that performing rights can<br /> be limited, and are usually limited, by town, country, and<br /> time, This is most important.<br /> <br /> 6. Authors should not assign performing rights, but<br /> should grant a licence to perform. The legal distinction is<br /> of great importance.<br /> <br /> 7. Authors should remember that performing rights in a<br /> play are distinct from literary copyright. A manager<br /> holding the performing right or licence to perform cannot<br /> print the book of the words.<br /> <br /> 8. Never forget that United States rights may be exceed-<br /> ingly valuable. ‘hey should never be included in English<br /> agreements without the author obtaining a substantial<br /> consideration,<br /> <br /> 9, Agreements for collaboration should be carefully<br /> drawn and executed before collaboration is commenced.<br /> <br /> 10. An author should remember that production of a play<br /> is highly speculative: that he runs a very great risk of<br /> delay and a breakdown in the fulfilment of his contract.<br /> He should therefore guard himself all the more carefully in<br /> the beginning.<br /> <br /> 11. An author must remember that the dramatic market<br /> is exceedingly limited, and that for a novice the first object<br /> is to obtain adequate publication.<br /> <br /> As these warnings must necessarily be incomplete, on<br /> account of the wide range of the subject of dramatic con-<br /> tracts, those authors desirous of further information<br /> are referred to the Secretary of the Society.<br /> <br /> oe<br /> <br /> WARNINGS TO MUSICAL COMPOSERS.<br /> <br /> &gt;<br /> <br /> ITTLE can be added to the warnings given for the<br /> assistance of producers of books and dramatic<br /> authors. It must, however, be pointed out that, as<br /> <br /> a rule, the musical publisher demands from the musical<br /> composer a transfer of fuller rights and less liberal finan-<br /> cial terms than those obtained for literary and dramatic<br /> property. The musical composer has very often the two<br /> rights to deal with—performing right and copyright, He<br /> 270<br /> <br /> should be especially careful therefore when entering into<br /> an agreement, and should take into particular consideration<br /> the warnings stated above.<br /> <br /> ——— ee<br /> <br /> HOW TO USE THE SOCIETY.<br /> <br /> 1<br /> <br /> 1, VERY member has a right toask for and to receive<br /> K advice upon his agreements, his choice of a pub-<br /> lisher, or any dispute arising in the conduct of his<br /> business or the administration of his property. The<br /> Secretary of the Society is a solicitor, but if there is any<br /> special reason the Secretary will refer the case to the<br /> Solicitors of the Society. Further, the Committee, if they<br /> deem it desirable, will obtain counsel’s opinion. All this<br /> without any cost to the member.<br /> <br /> 2. Remember that questions connected with copyright<br /> and publishers’ agreements do not fall within the experi-<br /> ence of ordinary solicitors. Therefore, do not scruple to use<br /> the Society.<br /> <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 /> <br /> 4. Before signing any agreement whatever, send<br /> the document to the Society for examination.<br /> <br /> 5. Remember always that in belonging to the Society<br /> you are fighting the battles of other writers, even if you<br /> are reaping no benefit to yourself, and that you are<br /> advancing the best interests of your calling in promoting<br /> the independence of the writer, the dramatist, the composer.<br /> <br /> 6. The Committee have now arranged for the reception<br /> of members’ agreements and their preservation in a fire-<br /> proof safe. The agreements will, of course, be regarded as<br /> confidential documents to be read only by the Secretary,<br /> who will keep the key of the safe. The Society now offers:<br /> —(1) To read and advise upon agreements and to give<br /> advice concerning publishers. (2) To stamp agreements<br /> in readiness for a possible action upon them. (3) To keep<br /> agreements. (4) To enforce payments due according to<br /> agreements. Fuller particulars of the Society’s work<br /> can be obtained in the Prospectus.<br /> <br /> 7. No contract should be entered into with a literary<br /> agent without the advice of the Secretary of the Society.<br /> Members are strongly advised not to accept without careful<br /> consideration the contracts with publishers submitted to<br /> them by literary agents, and are recommended to submit<br /> them for interpretation and explanation to the Secretary<br /> of the Society.<br /> <br /> This<br /> The<br /> <br /> 8. Many agents neglect to stamp agreements.<br /> must be done within fourteen days of first execution.<br /> Secretary will undertake it on behalf of members.<br /> <br /> 9. Some agents endeavour to prevent authors from<br /> referring matters to the Secretary of the Society; so<br /> do some publishers. Members can make their own<br /> deductions and act accordingly.<br /> <br /> 10, The subscription to the Society is £1 4s. per<br /> annum, or £10 10s for life membership.<br /> <br /> THE AUTHOR.<br /> <br /> THE READING BRANCH.<br /> <br /> —-——+ —<br /> <br /> EMBERS will greatly assist the Society in this<br /> branch of its work by informing young writers<br /> of its existence. Their MSS. can be read and<br /> <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 /> <br /> special arrangement, technical and scientific works. The<br /> Readers are writers of competence and experience. The<br /> <br /> fee is one guinea,<br /> <br /> <br /> <br /> +—<br /> <br /> NOTICES.<br /> Se<br /> <br /> HE Editor of Zhe Author begs to remind members of<br /> <br /> the Society that, although the paper is sent to them<br /> <br /> free of charge, the cost of producing it would be a<br /> <br /> very heavy charge on the resources of the Society if a great<br /> <br /> many members did not forward to the Secretary the modest<br /> 5s. 6d. subscription for the year.<br /> <br /> Communications for Zhe Author should be addressed to<br /> the Offices of the Society, 39, Old Queen Street, Storey’s<br /> Gate, S.W., and should reach the Editor not later than<br /> the 21st of each month.<br /> <br /> All persons engaged in literary work of any kind,<br /> whether members of the Society or not, are invited to<br /> communicate to the Editor any points connected with their<br /> work which it would be advisable in the general interest to<br /> publish.<br /> <br /> NE<br /> <br /> Communications and letters are invited by the<br /> Editor on all subjects connected with literature, but on<br /> no other subjects whatever. Every effort will be made to<br /> return articles which cannot be accepted.<br /> <br /> —+~&gt;<br /> <br /> The Secretary of the Society begs to give notice<br /> that all remittances are acknowledged by return of post,<br /> and he requests members who do not receive an<br /> answer to important communications within two days to<br /> write to him without delay. All remittances should be<br /> crossed Union Bank of London, Chancery Lane, or be sent<br /> by registered letter only.<br /> <br /> LEGAL AND GENERAL LIFE ASSURANCE<br /> SOCIETY.<br /> <br /> —+ e+ —<br /> <br /> ENSIONS to commence at any selected age,<br /> either with or without Life Assurance can<br /> be obtained from this socieiy.<br /> <br /> Full particulars can be obtained from the City<br /> Branch Manager, Legal and General Life Assurance<br /> Society, 158, Leadenhall Street, London, E.C.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> AUTHORITIES.<br /> <br /> —_1~9—+—<br /> <br /> HERE has been fresh discussion raised in<br /> the papers as to the 100 best books, and<br /> various lists have been printed and various<br /> <br /> comments have been made.<br /> <br /> After all, there is only one satisfactory answer<br /> from any person who, in these days of education,<br /> has read as many as a hundred books, that is, there<br /> is only one list—his own.<br /> <br /> Tue Musical Copyright Bill is dead for the<br /> present. We chronicle the fact with regret.<br /> There will be a meeting of protest held on<br /> July 4th, in order to urge the Government, if<br /> possible, to save the Bill.<br /> <br /> We see it mentioned in one of the papers that<br /> Mr. Boosey, of Chappell &amp; Co., states, as an argu-<br /> ment that publishers do not make handsome profits,<br /> that Messrs. Chappell &amp; Co. only pay 5 per cent. to<br /> their ordinary shareholders, and that out of 100<br /> songs published last year only ten paid for the<br /> cost of printing, circulating and advertising. It<br /> would appear that this is rather an argument that<br /> some publishers are bad tradesmen and do not<br /> know their business; and not that music publishing<br /> cannot bring in profits if conducted on proper<br /> lines. It is most unsatisfactory for composers<br /> that publishers should continue this gambling<br /> with the composer’s property. It ruins the<br /> publishing business, and necessitates those<br /> terrible contracts against which we have often<br /> inveighed, on one of which we comment in this<br /> issue. When will composers make a_ united<br /> endeavour to resist this method of doing business ?<br /> <br /> From a cutting in the Lilerary World it appears<br /> that the articles in The Author on Agents, signed<br /> «G. H. T.” and Gale Pedrick, have called forth<br /> the following comment :—<br /> <br /> “ A question of some interest to beginners in fiction—for<br /> it is only in that class of writings that it can ordinarily<br /> arise in practice—is whether an author should bind himself<br /> by a contract with a publisher to give him the right to<br /> bring out the next two books he may write on the same<br /> terms (or slightly modified ones) as those proposed for the<br /> book under discussion. Both sides of the case have been<br /> ably stated by ‘G. H. T.’and Mr. Gale Pedrick, in The Author,<br /> The former strongly advises against the practice, but the<br /> latter, who is the managing director of a literary agency,<br /> puts forward very plausible reasons for conceding the point<br /> in certain cases. He cites an instance where an author,<br /> anxious to secure publication, accepted such an offer against<br /> his agent’s advice, with the result that his book, which<br /> would otherwise most probably have remained unpublished,<br /> has already gone into a fourth edition. The argument, of<br /> course, turns almost entirely on the worth of the assump-<br /> tion as to the probability of non-publication on other<br /> <br /> 271<br /> <br /> terms. If a sufficient number of publishers made the<br /> ‘next two books’ clause a sine qua&amp; non, authors would<br /> naturally have no option.”<br /> <br /> We should like to call particular attention to the<br /> last sentence of the quotation.<br /> <br /> The writer seems to forget, in the American<br /> phrase, that “there are others,” and if a large<br /> number of publishers endeavoured to force an<br /> unequal clause on the producers of literary pro-<br /> perty, fresh publishers would at once arise who<br /> would be willing to enter into a fair contract. A<br /> remark of this kind reminds one somewhat of the<br /> suggestion made by one of the trade, that if authors<br /> insisted on demanding better terms they would<br /> destroy the trade of publishing and be unable to<br /> obtain a market at all. The question, of course,<br /> is one of supply and demand. If, however, all the<br /> publishers at present in existence withdrew from<br /> business, the author could still place his work<br /> before the public by his own efforts should he<br /> desire to do so, although he might not in his<br /> infantile beginnings obtain so large a market in<br /> the first instance. :<br /> <br /> THE Jorning Post makes public the following<br /> particulars of a publishing contract :—<br /> <br /> “An author sent a little song to a publisher of the<br /> highest repute, and received an offer of a certain amount<br /> for ‘all serial rights.’ This she accepted, and on sending<br /> another song, she was told that it would be accepted ‘on<br /> our usual terms.’ Several others were taken in the same<br /> way. Then the publishers issued a book of songs which<br /> included some of these. The author wrote and protested,<br /> as she had hoped to bring her songs together in a book of<br /> her own. The publishers serenely replied that ‘our usual<br /> terms’ meant ‘serial rights and copyright.’”<br /> <br /> The Morning Post comments strongly on the<br /> publisher’s action, and deservedly so. Ifthe author<br /> had been a member of the Society and had cared<br /> to lay the matter before the committee, there is<br /> little doubt but that they would have taken the<br /> case vigorously in hand with a view to obtaining<br /> justice. It is just such a case as this that should<br /> be published in Ze Author, with the names of the<br /> publishers concerned. We have known some<br /> extraordinary contracts from publishers of books,<br /> and more extraordinary contracts from the pub-<br /> lishers of music, but it is not often that a bargain,<br /> or rather, a trick, to the discomfort of the author,<br /> so bad as that quoted above, is brought off.<br /> <br /> <br /> <br /> Ir is the custom of the Editor of 7ruth to make<br /> caustic remarks on matters that come under his<br /> ken from time to time.<br /> <br /> During the past month he has devoted one or two<br /> paragraphs to the Biographical Press Agency, and<br /> suggests taking up this form of business himself, as<br /> he seems to think it would be highly remunerative.<br /> <br /> <br /> <br /> <br /> 272<br /> <br /> It appears that those gentlemen who have paid<br /> £10 10s. to the agency secure thereby fifty copies<br /> of their biography written by themselves, adorned<br /> with their portraits, executed by the agency’s photo-<br /> graphers, plus the possible satisfaction of seeing<br /> the biography published in the Gossip columns of<br /> a halfpenny newspaper.<br /> <br /> In addition to the economic question which<br /> Truth has so criticised, there is this further danger<br /> to be considered, namely, the danger of assigning<br /> the copyright either in your own photograph or in<br /> your own biography. If the distinguished gentle-<br /> men who have paid their guineas thus dispose of<br /> their rights and allow them to slip beyond their<br /> control they may find their biographies printed and<br /> their photographs published at times inopportune,<br /> and in places unsatisfactory.<br /> <br /> It is important to those whose position entitles<br /> them to the doubtful honour of publicity to be<br /> able to control where and when their biographies<br /> should appear and their photographs be reproduced.<br /> As Truth points ont, the economic side of the<br /> question is very instructive, as nowadays the<br /> competition for the personal paragraph is so great<br /> that the editor ought to be more anxious to pay<br /> for the information he receives than the subject for<br /> the information he gives.<br /> <br /> <br /> <br /> In the Westminster Gazette we see it stated that<br /> Miss Beatrice Harraden’s novel, “Ships that Pass<br /> in the Night,” brought her only the sum of £125.<br /> The writer states, “It is a remarkable object lesson<br /> on the mistake of an unknown author parting with<br /> the entire copyright of her first book.” With this<br /> statement we heartily agree.<br /> <br /> But the price which Miss Harraden received is<br /> quite a record when compared with the prices paid<br /> by one well-known publisher who, in order to<br /> induce young authors to accept his terms, lays<br /> before them the fact that other authors, whose<br /> names he mentions, have received the same sum—<br /> from £20 to £30—-for the entire rights of their<br /> first works. He also states, with the same show<br /> of generosity, that it is not an uncommon thing to<br /> take up a first book paying the author a royalty<br /> after the sale of 2,000 copies. Readers will naturally<br /> suppose that after the sale of so large a number<br /> the author reaps his reward by a large return, but<br /> no, the royalty that the publisher vouchsafes after<br /> 2,000 copies is a modest 10 per cent. It would be<br /> interesting to know how many of these first books<br /> with this royalty ever sell more than 2,(00 copies.<br /> <br /> A publisher with a true sense of his position,<br /> instead of making a boast of his cheap bargains<br /> to authors ought rather to be silent. Such open-<br /> ness is not as good a bait as a spinning minnow<br /> in a trout stream.<br /> <br /> THE AUTHOR.<br /> <br /> EPITAPH FOR AN AUTHOR’S TOMBSTONE,<br /> <br /> —&gt;<br /> <br /> O child beloved of the Gods, nor born<br /> In the fortunate glow of a climbing star ;<br /> No prince, no hero of hope forlorn<br /> Was the dust beneath me, tra la la.<br /> <br /> Fame, a harlot, as all assert<br /> <br /> Who slide from the slope of her hazardous car,<br /> Passed him by with a close-drawn skirt<br /> <br /> Like an honest woman, tra la la.<br /> <br /> Wealth he knew not, nor greed of place,<br /> But loved green valleys, and wandered far,<br /> Counting the voluble waves that race<br /> <br /> O’er the scrambling shingles, tra la la.<br /> <br /> Faith he lost where the cities sweat<br /> <br /> In grime to the sky, where the dogmas are,<br /> But found in meadow and rivulet<br /> <br /> A foolish comfort, tra la la,<br /> <br /> He died, and was buried under me,<br /> Hopeless, heedless of Avatar,<br /> <br /> Far from the city, close to the sea,<br /> Tra la, tra la Ja, la la, la la!<br /> <br /> Sr. Joun Lucas.<br /> <br /> Lg ag<br /> <br /> THE EIGHTEENTH CENTURY.*<br /> <br /> —_-<br /> <br /> a last volume of Sir Leslie Stephen’s work,<br /> displaying, as it does, his power of sane,<br /> <br /> clear-sighted criticism wholly undimmed, is<br /> a fitting climax to more than thirty years of<br /> scholarly labour. Of the five lectures which it<br /> contains, the first is devoted to a defence of the<br /> historical and inductive method of criticism—a<br /> method employed by Sir Leslie Stephen himself in<br /> the course of the lectures, whilst the remainder<br /> deal with the periods terminated respectively by<br /> the death of Queen Anne (1714), the declaration<br /> of War with Spain (1739), the close of the Seven<br /> Years’ War (1763), and the year of the Regency<br /> ‘Bill (1788). To this time—<br /> <br /> “The century, as its enemies used to say, of coarse<br /> utilitarian aims, of religious indifference and political<br /> corruption; or, as I prefer to say, the century of sound<br /> common-sense and growing toleration, and of steady social<br /> and industrial development,”<br /> he applies the modern method of criticism which<br /> holds that<br /> <br /> “ Literary history . . . isan account of one strand, 80 10<br /> speak, in a very complex tissue; it is connected with the<br /> <br /> <br /> <br /> * “English Literature and Society in the Righteenth |<br /> <br /> Century.” (Ford Lectures, 1903.) By Leslie Stephen<br /> (Duckworth.)<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 2 ee Be Soe<br /> <br /> <br /> <br /> <br /> <br /> <br /> THER AUTHOR.<br /> <br /> intellectual and social development; it represents move-<br /> ments of thought which may sometimes check and be<br /> sometimes propitious to the existing forms of art; it is<br /> the utterance of a class which may represent, or fail to<br /> represent, the main national movement ; it is affected more<br /> or less directly by all manner of religious, political, social,<br /> and economical changes; and it is dependent on the<br /> occurrence of individual genius for which we cannot even<br /> profess to account.”<br /> Certainly no period inthe history of our Literature<br /> is so apt as the Highteenth Century in affording<br /> an illustration of the dependence of literary form<br /> on national movement. The drama, to take a<br /> single line of literature as an example, ceased to<br /> be fine not because, as Matthew Arnold asserted,<br /> the Puritans crushed it; for in reality the Puritans<br /> only became powerful when the drama was already<br /> dancing down the road of decadence ; but because,<br /> as Sir Leslie Stephen shows, the cleavage between<br /> the Court and the nation had destroyed the<br /> popularity, and hence the means of existence of<br /> that essentially aristocratic institution, the Stage.<br /> This example of the method employed by the<br /> “inductive” critic affords an agreeable contrast<br /> to the judicial attitude which held that every new<br /> author was to be tried by a kind of court-martial<br /> with Aristotle’s poetics asa code of law, and<br /> caused Voltaire to utter ineptitudes on Dante and<br /> Shakespeare. ‘The critic’s function is rather to<br /> enquire<br /> <br /> “What pleased men, and then, why it pleased them ;<br /> not to decide dogmatically that it ought to have pleased<br /> or displeased on the simple ground that it is or is not<br /> congenial to himself.”’<br /> Sir Leslie Stephen was already stricken with<br /> mortal illness when he wrote these lectures, but<br /> the lucidity of the style, so simple, so energetic,<br /> and so buoyant, never flags ; and the philosophic<br /> breadth of view, the wide knowledge, and fine<br /> sense of proportion, render the book as delightful<br /> as anything that he has written, One can<br /> scarcely think of higher praise than this.<br /> <br /> + 0<br /> <br /> THE ROBERT LOUIS STEVENSON<br /> MEMORIAL.<br /> <br /> —*<br /> <br /> HE Memorial to Robert Louis Stevenson was<br /> unveiled in St.Giles’s Auld Kirk, Edinburgh,<br /> on Monday, June 27th, by Lord Rosebery,<br /> <br /> No fitter place could have been chosen than “ The<br /> auld Kirk ” of that city, which is so full of personal<br /> reminiscences of the author, with which so many<br /> of the characters in his books are associated. The<br /> fitness of the place was equalled by the beauty of<br /> the memorial itself. It is a bronze in low relief of<br /> Stevenson lying on that couch from which it was<br /> <br /> 273<br /> <br /> his misfortune so often to be compelled to write,<br /> with paper on knee and pen in hand. It is a fine<br /> work of art.<br /> <br /> A large crowd assembled early, and the period<br /> of waiting was filled in by a recital on the organ.<br /> Then at two o&#039;clock Lord Rosebery entered the<br /> building and took his place on the platform. He<br /> stated that he had not come to make a long speech<br /> or indulge in a eulogy of Stevenson. All that took<br /> place eight years ago, when the movement was<br /> taken in hand which was completed that day. He<br /> asked that the services of those who had assisted<br /> in carrying out the object before them, those<br /> willing givers of time and money, should be re-<br /> membered. He called especial attention to the<br /> labours of the sculptor (Mr. Saint Gandens)<br /> and the work of the secretary (Mr. Napier). It<br /> was a memorial of a man of genius by a man of<br /> genius; but, he continued, great as was the result as<br /> a work of art, the true memorial to Louis Stevenson<br /> was not here. It was in the hearts of the readers,<br /> and, he might say, the worshippers, of his writings ;<br /> and, lastly, in that great edition of his works that<br /> they had seen produced. It was no doubt a sad<br /> reflection that one who had loved the Scottish hills<br /> and dales with so true an affection, and who had<br /> chronicled his love with so vigorous a pen, should<br /> be buried far off in the Pacific islands in Samoa.<br /> But genius was world-wide, and took no count of<br /> time or place.<br /> <br /> His Lordship then stepped forward and un-<br /> veiled the bronze, given, as he stated, by the bounty<br /> and piety of the author’s fellow-countrymen, and<br /> many other lovers of his work.<br /> <br /> Mr. Sidney Colvin, Stevenson’s old friend, then<br /> handed over the monument to the Very Rev. J.<br /> Cameron Lees, minister of the church. His speech<br /> was full of sad recollections of the struggle of the<br /> indomitable spirit against the weakness of the body.<br /> He called to mind the characteristic attitude of<br /> Stevenson, so ably set forth in the memorial, when<br /> physical weakness resulting from dangerous heemor-<br /> rhage necessitated his lying on a couch. He told<br /> how often, when he was not allowed to speak,<br /> Stevenson used to converse in writing, cheerful and —<br /> indefatigable. He stated that for some reasons he<br /> was glad that the execution of the undertaking<br /> had not come till eight years after Stevenson’s<br /> death. ‘Time must always be the test of genius,<br /> and he saw no falling off in the rising generation<br /> of that love for Stevenson’s Romances which was<br /> also in the heart of his contemporaries. He then<br /> formally handed over the work, and the Rev. J.<br /> Cameron Lees, who had known the author in his<br /> early years, spoke a few suitable words in acceptance.<br /> <br /> The following gentlemen were present on the<br /> platform :—Lord Rosebery, Chairman; to the:<br /> right of the chair—Mr. Sidney Colvin, the Very<br /> 274<br /> <br /> Rey. J. Cameron Lees, Principal Donaldson, of<br /> St. Andrew’s University, Prof. Campbell Fraser,<br /> Mr. J. D. G. Dalrymple, of Meiklewood, Mr. Charles<br /> Beckett, of Glasgow, Mr. John Maclauchlan and<br /> Mr. James Cunningham, of Dundee ; to the left<br /> of the Chairman—Prof. Masson, Lord Kinross, Prof.<br /> Baldwin Brown, Prof. Flint, Mr. Holmes Ivory,<br /> W.S., Mr. Rufus Fleming, United States Consul,<br /> Mr. W. B. Blaikie, Mr. W. D. M‘Kay, R.S.A., Mr.<br /> G. Herbert Thring, representing the Incorporated<br /> Society of Authors. :<br /> <br /> The following were also present :—Sir Arthur<br /> Mitchell, Sir James Guthrie, P.R.S.A., Sir Charles<br /> Logan, Rev. David Macrae, Rev. Dr. W. W. Tul-<br /> loch, P. W. Adam, R.S.A., Pittendrigh Macgilli-<br /> vray, R.S.A., R. J. Mackenzie, Esq., M.A., David<br /> Robertson, A.R.S.A. (President Scottish Arts<br /> Club), Bailie Murray (Senior Magistrate of Edin-<br /> burgh), A. N. Paterson, M.A., A.R.I.B.A., Glasgow,<br /> G. Stratton Ferrier, R.I., R.S.W., J. Campbell<br /> Mitchell, P.S.S.A., Very Rev. Archibald Scott,<br /> D.D., J. B. Sutherland, 8.8.C., J. Wilson Brodie,<br /> Esq., Harry Cheyne, Esq., W.S., J. B. M‘Intosh,<br /> Esq., W.S., R. Jameson Torrie, Esq., W.S., T. N.<br /> Hepburn, Prof. Neicks, Prof. Cossar Ewart, Prof.<br /> Rankine, Prof. A. R. Simpson, John A. Inglis,<br /> Esq. (representing the Speculative Society), John<br /> Harrison, Esq. (Master of the Merchant Company),<br /> Alex. Buchan, LL.D., Representatives of the<br /> St. Giles’s Board, Representatives of the St. Giles’s<br /> Kirk Session, Mr. J. H. Napier, Solicitor (Secretary<br /> ito the Memorial Committee).<br /> <br /> It was felt a great pity that it had been impos-<br /> sible to bring together a larger attendance of his<br /> fellow-workers in fiction. The notice, however, was<br /> ‘Short, and the time somewhat inopportune, while<br /> .the distance from London was great.<br /> <br /> The Secretary had to chronicle a long: list of<br /> regrets. Among the number who were unavoid-<br /> -ably absent, he mentioned the names of George<br /> Meredith (President of the Society of Authors),<br /> Douglas Freshfield (Chairman of the Committee<br /> -of the Society), J. M. Barrie, Thomas Hardy,<br /> A. T. Quiller Couch, Anthony Hope Hawkins,<br /> Andrew Lang, Stanley Weyman, Edmund Gosse,<br /> Augustine Birrell, A. W. Pinero, Sir A. Conan<br /> Doyle, Miss Beatrice Harraden, Robert Bridges,<br /> Dr. John Watson (“ Ian Maclaren”), Lord Balfour<br /> -of Burleigh, Right. Hon. A. J. Balfour, Prof.<br /> Dowden, Prof. Saintsbury, Dr. Richard Garnett,<br /> Prof. Bradley, Oxford, R. Maclehose (Treasurer,<br /> Glasgow Committee), H. Bell (Treasurer, Liver-<br /> pool Committee), A. Bennie (Treasurer, Man-<br /> chester Committee), W. S. Gilbert, and many<br /> -others.<br /> <br /> _ Oe<br /> <br /> THE AUTHOR.<br /> <br /> THE WOMEN WRITERS’ DINNER.<br /> <br /> nl<br /> <br /> T the annual dinner of the Women Writers<br /> on June 20th there were some 200 members<br /> present. Miss Beatrice Harraden under-<br /> <br /> took the position of chairwoman. She made a brief<br /> and light speech, in which she said she had been<br /> told by the secretaries that she was to speak ten<br /> minutes. This, she averred, she had never done in<br /> her life, and was quite incapable of doing either<br /> then or at any other time, also, that there were so<br /> many subjects tabooed. Man, for instance: she<br /> could have spoken eloquently upon man—or love,<br /> or the Fiscal Question, or the iniquities of the<br /> Income Tax, or on any of those subjects of which<br /> too much has already been heard elsewhere. She<br /> would, therefore, only congratulate the Women<br /> Writers on their annual meeting to eat, drink,<br /> smoke and talk together, having numbered its<br /> fifteenth anniversary. Others might affirm that it<br /> was love that made the world go round, but that,<br /> for her own part, she believed that it was tact—<br /> tact, that quality in which all women excelled, and<br /> our hon. secretaries more than any.<br /> <br /> Miss Harraden having resumed her chair, Mrs.<br /> Sidney Webb gave a very brilliant and clever speech.<br /> She rose, she said, at the request of the secretaries<br /> to speak, because, she supposed, she must appear<br /> to be the very opposite to the novelist—a mere dull<br /> economist. But that whereas the novelist dealt<br /> with the facts of life, the economist dealt with the<br /> fictional side—the mighty fiction of the “ average<br /> man.” ‘The novelists drew men and women as they<br /> found them, or read them, the fictional part of<br /> their work lay in the plot; and it was from the work<br /> of the novelists that the economists sought for the<br /> great ruling motives that influenced the average<br /> man. She laid at the doors of Swift, Gay and<br /> Fielding, and the writers of the eighteenth century,<br /> the horrors of the sweating system, because it was<br /> the habit of that time, and of those writers, to dwell<br /> upon the motives of insatiable grasping after<br /> wealth and pleasure in mankind. I think some of<br /> Mrs. Sidney Webb’s hearers felt a trifle aghast at<br /> this calling to account of the mighty dead, and<br /> welcomed her story of Herbert Spencer who, when<br /> he wished to study the subject of matrimony, asked<br /> her, and others, what novels he should read. She<br /> said she herself read all the best novels that came<br /> out, but that they bored her horribly. There was<br /> one thing that bored her more, and that was a<br /> poem. She concluded by warning novelists to<br /> write with charity and hope of mankind, because of<br /> that strange truth that what is believed in, and<br /> insisted upon, becomes at last a truth,<br /> <br /> Mrs. De La Pasture returned in her speech<br /> to lighter themes. She pointed out how the<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> incomparable Jane Austen used in her old-fashioned<br /> day to throw a cover over her work when anyone<br /> came to see her. Mrs. De La Pasture suggested<br /> that when the modern novelist wrote anything that<br /> might hurt the young, or offend the old, that they<br /> should throw over it the “handkerchief of Jane<br /> Austen.” We, hearing her, and remembering<br /> much of modern work, were inclined to think that<br /> the sale of pocket handkerchiefs would be enor-<br /> mously increased if Mrs. De La Pasture’s advice was<br /> acted upon.<br /> <br /> The committee for 1904 consisted of the follow-<br /> ing distinguished ladies :—Chairwoman of Dinner,<br /> Miss Beatrice Harraden ; Mrs. Baillie-Reynolds,<br /> Mrs. Hugh Bell,* Miss Clementina Black,*<br /> Mrs. Burnett-Smith,* Mrs. W. K. Clifford, Mrs.<br /> Craigie,* Miss Ella Curtis, Madame Sarah Grand,*<br /> Mrs. M. St. Leger Harrison,** The Honourable Mrs.<br /> Henniker,* Mrs. Percy Leake, Mrs. L. T. Meade,*<br /> Miss Elizabeth Robins,* Miss Adeline Sergeant,*<br /> Mrs. Alfred Sidgwick, Mrs. Steel, Dr. Margaret<br /> Todd, Miss Billington, Mrs Francis Blundell, Miss<br /> Christabel Coleridge, Mrs. B. M. Croker, Mrs. De<br /> La Pasture, Mrs. Alfred Felkin (i. Thorneycroft<br /> Fowler),* Mrs. J. R. Green, Miss Violet Hunt,<br /> Mrs. Belloc-Lowndes, Miss Honnor Morten, Miss<br /> Evelyn Sharp, Mrs. Arthur Stannard,* The<br /> Duchess of Sutherland,* Mrs. Alec Tweedie,”<br /> Mrs. L. B. Walford, Mrs. Humphry Ward,* Hon.<br /> Secretaries (Miss G. M. Ireland Blackburne, Miss<br /> L. R. Mitchell) ; and the following were appointed<br /> to preside at the tables :—Table 7, Mrs. Steel and<br /> Miss Netta Syrett ; Table 6, Miss Ella Curtis and<br /> Mrs. Baillie-Reynolds ; Table 5, Mrs. J. R. Green<br /> and Mrs. Croker; Table 4, Miss Beatrice Harraden<br /> and Mrs. Francis Blundell; Table 3, Mrs. De La<br /> Pasture and Mrs. W. K. Clifford; Table 2, Mrs.<br /> Belloc-Lowndes and Mrs. Walford ; Table 1, Mrs.<br /> Stepney Rawson and Miss Violet Hunt.<br /> <br /> ArtHuR Hoop.<br /> <br /> Oa<br /> <br /> DINNER AT THE AUTHORS’ CLUB.<br /> <br /> 1<br /> <br /> HE last Dinner of the Authors’ Club for the<br /> present season was held at 3, Whitehall<br /> Court, on Monday, the 30th of May, and<br /> <br /> passed off most successfully.<br /> <br /> Mr. J. M. Barrie was the Chairman of the<br /> evening, and Mr. P. F. Warner was the guest.<br /> <br /> Amongst those present were Sir Arthur Conan<br /> Doyle, Capt. Wynyard, Mr. K. J. Key, and Mr.<br /> Hesketh-Prichard. There was no vacant seat in<br /> the room.<br /> <br /> Mr. Barrie’s enthusiasm for cricket is well<br /> <br /> <br /> <br /> * Unavoidably absent.<br /> <br /> 275<br /> <br /> known, and in proposing the health of the guest of<br /> the evening he gave further evidence of this. He<br /> stated that when the news arrived of Mr. Warner’s<br /> successful attempt to bring back an article which<br /> he would not particularise, he had read the account<br /> in Piccadilly, with hansoms and four wheelers<br /> passing over him, though he scarcely felt them.<br /> He was glad to chronicle the fact thaf Mr. Warner<br /> had done something far bigger than merely win the<br /> rubber. He had had entrusted to him the reputa-<br /> tion of the game for honesty, fair play, and<br /> courtesy. He had brought it back unsullied. Up<br /> to the present he (Mr. Barrie) had only had the<br /> pleasure of seeing Mr. Warner play cricket twice.<br /> On one occasion he had made one run, and on the<br /> other occasion he had not been so successful.<br /> Finally, he remarked that if Shakespeare had not<br /> invented cricket, as no doubt he did during the<br /> two years when even Mr. Lee did not know what<br /> he was about, Mr. Warner would have been bound<br /> to have done so.<br /> <br /> Mr. Warner responded to his health in a some-<br /> what more serious vein. He did not think he<br /> could have done much in Australia if he had not<br /> been perfectly sure of the loyalty and confidence of<br /> the other members of his team. With regret it<br /> must be stated that in his opinion the Austra-<br /> lians at the present time were not as good as they<br /> were some Six or Seven years ago, that their bowl--<br /> ing seemed to have deteriorated. He hoped that<br /> when they came over here next year the Test<br /> Matches would be played out to a finish. He<br /> closed his speech with the remark that, although<br /> many, taking a pessimistic view of the cricket of<br /> the present day, said it was going to the dogs,<br /> he personally could find nothing wrong with the<br /> game, or in the method of playing it.<br /> <br /> Sir Arthur Conan Doyle proposed the health of<br /> the Chairman.<br /> <br /> oe<br /> <br /> <br /> <br /> NOTES OF SPAIN.<br /> <br /> ee<br /> <br /> OUIS PARDO, the well-known author, has<br /> <br /> just published an erudite work, entitled<br /> <br /> “De arte al comienzo del siglo” (Art at<br /> <br /> the Commencement of the Century), and those<br /> <br /> interested in the evolution of taste will read with<br /> <br /> pleasure the information given by a man so well<br /> versed in his subject.<br /> <br /> ‘Las Confesiones de un pequeiio plosofo” (Con-<br /> fessions of a Little Philosopher), by J. Martinez<br /> Ruiz, is a book which commends itself to Spanish<br /> ladies, from its interest as a psychological study of<br /> a child, given in a form so sympathetic and charm-<br /> ing that it opens a new and easily opened door to<br /> Castilians in the study of children.<br /> 276<br /> <br /> Don Augusto C. de Santiago has just given to<br /> the world a book called “ La Jura de la bandera”<br /> (The Oath of the Banner). The trend of the<br /> work is to foster the patriotism of Spain by cele-<br /> brating the thoughts and deeds of men, both past<br /> and present, who have served their country well.<br /> The national colours on the cover, and the portrait<br /> and biography of King Alfonzo XITI. at the begin-<br /> ning of the work, shows the place occupied by<br /> the young monarch in the ideal of patriotism.<br /> Indeed hardly a day passes without Spain being<br /> more and more assured of the sympathy of her<br /> King in all that is for her welfare ; and the pre-<br /> diction voiced by Colonel Figuerola Ferretti on<br /> page 149 of his celebrated “ Cantos de Espaiia ”<br /> (Songs of Spain, or the History of the Regency in<br /> a lyrical form), that a visit of the King to Barcelona<br /> would banish the shadow of separation has proved<br /> true, and the land bodes well to be one in its<br /> interests. Not only has Alfonzo XIII. notified his<br /> intention of learning Catalan, and patronised the<br /> chief meetings for the welfare of Catalonia, but<br /> the warm welcome recently given at Madrid to the<br /> Catalonian theatrical company of Enrique Borras,<br /> shows that Barcelona can also feel in sympathy<br /> with its sister city in the realm of drama, which is<br /> a door to the understanding of the psychological<br /> characteristics of each. This was especially seen<br /> in the plays of “‘Mar y cel” and ‘Sierra baja,”<br /> portraying ideas and customs quite different to<br /> those of Madrid, and the consummate acting of<br /> Borras, the manager, with that of Fernando<br /> Mendoza, Thuillier, Fuentes, etc., soon won the<br /> sympathy and the admiration of the audience. It<br /> is said that the manager was extremely nervous<br /> before making his début on the stage of Madrid,<br /> but his fears were unfounded—his genius was at<br /> once felt, and Madrid, both social and intellectual,<br /> figuratively fell at his feet.<br /> <br /> The Apolo theatre has lately given with great<br /> success the new play by Caballero, called “ Hl<br /> abuelito,” which hangs mainly on the subject of<br /> divorce.<br /> <br /> Tt seems strange that the tragic fate impending<br /> on a man’s career as a picador is not more often<br /> treated in Spanish plays. The serious injuries<br /> recently received by the two picadors, Mazzantini<br /> and Rodas, at a bull fight in Madrid, excited and<br /> interested the whole city, but one cannot but think<br /> that “prevention would be better than cure.”<br /> <br /> Much sorrow was expressed in Spain at the<br /> death of Urrabreta Vierge, a Spanish author of<br /> great repute, who has been living in Paris since<br /> 1869. He is well known for his illustrations of<br /> “Don Quixote,” ‘Gil Blas,” etc.<br /> <br /> In a country like Spain, where oratory plays<br /> such an important part, it is flattering to see Azorin<br /> cite English orators as the most clever, and this<br /> <br /> THE AUTHOR.<br /> <br /> by dint of their power of enforcing expression by<br /> well regulated pauses and judicious lowering of<br /> the voice. In these particulars Sefior Maura, the<br /> Prime Minister, seems to excel.<br /> <br /> The celebrated physician, Ion Francisco Huertas,<br /> was distinguished the other day by being received<br /> as a member of the Academy by Alfonzo XIII.<br /> With his customary intelligence the young<br /> monarch expressed his interest in all that con-<br /> cerns the intelligence and culture of his country, to<br /> the delight of the learned Corporation, and the<br /> numerous sages who assisted at the ceremony. It<br /> was not long ago that the young King won the<br /> hearts of all at the important conference, held at the<br /> Atheneum on Agriculture, when he said : “ It ismy<br /> wish to be the first agriculturist in Spain.” It is<br /> by such expressions that a king makes willing slaves<br /> of his subjects.<br /> <br /> Whilst the terribly vexed question of capital and<br /> labour causes so much trouble in Spain, the notable<br /> book called “ Socialismo y democracia christiana,”<br /> by D. Mariano Pascual Espamol, is welcomed as a<br /> possible solution of some of the difficulties. The<br /> work is the result of long study and labour, and his<br /> comparison of the two forces, with the physical<br /> elements kept in their right spheres by the atmo-<br /> sphere, which if removed would cause combustion,<br /> is philosophical, and his appeal to this atmosphere<br /> of reason to equilibriate the powers of labour and<br /> capital comes with the authority of justice, as his<br /> methods of equilibriation are stated as the result of<br /> long enquiry.<br /> <br /> “Love, Duty and Honour” is the title of a<br /> striking play just published by Lieut.-Colonel<br /> Figuerola Ferretti. The scene is laid in Cuba<br /> during the war, of which he can speak with the<br /> dramatic force of one who took part in it, and the<br /> different standpoints from which these three great<br /> qualities are viewed and acted upon show that the<br /> author is a psychologist of no mean order. The<br /> situations and the conversations seem to commend<br /> the play for the boards as much as for a mere<br /> book. The three women characters are clever<br /> presentments of three kinds of love.<br /> <br /> The late Prime Minister Siloela has again shown<br /> himself a true exponent of the Ideal. In his well-<br /> attended conference on the necessity for Spain of<br /> centres of instruction both technical and practical,<br /> as seen in other lands, he spoke eloquently of the<br /> necessity of love in education “for (he said) it is<br /> the indestructible basis of all ideas and the princi-<br /> ples that affect the hearts and minds of men, for all<br /> ideas and all doctrines devoid of love are bound to<br /> die.”<br /> <br /> The present Summer Exhibition of Fine Arts at<br /> Madrid shows that Spain holds her own in that<br /> domain, ‘The visit of the Infanta Dofia Eulalion<br /> with the popular Infanta Dofia Isabel during the<br /> <br /> <br /> <br /> <br /> <br /> <br /> &#039;<br /> <br /> THE AUTHOR. 277<br /> <br /> election of the gold medallist exhibitor, excited<br /> <br /> much enthusiasm, and one only felt sorry that .<br /> <br /> Sefior Rancés, the sub-secretary of Public Educa-<br /> tion, who presided at the election, was obliged to<br /> declare that not one of the competitors had received<br /> the requisite number of votes. José Mongrell is<br /> distinguished as a master of colouring—especially<br /> seen in his “ Tormenta,” and his portrait of a lady.<br /> Fillol is one of the chief Spanish painters who ex-<br /> presses ideas in his pictures, and “ Hl hijo de la<br /> Revolucion” (The Sons of the Revolution), and<br /> “‘Hijos de quien” (Whose sons?) are pictures<br /> of life’s tragedies. Blasco Ibanez and Rodrigo<br /> Soriano are also dramatic in their works. In a<br /> picture called “ Barcelona in 1902” Casas gives a<br /> large presentment of the Civil Guard and a crowd,<br /> and the same picture would doubtless do for the<br /> same circumstance on other occasions. Bilbao,<br /> who ever since his great success in 1887, when his<br /> picture “ Idilio” was so deservedly applauded, has<br /> never failed his country, is seen at his best in his<br /> “Salida de la Fabrica de Tabaco.” Nobody who<br /> has witnessed the girls leaving the cigar factory at<br /> Seville can ever forget the picturesqueness of the<br /> scene, and it is only a master of form and colouring,<br /> like Bilbao, who can make it a living picture in a<br /> frame.<br /> Percy Horspur.<br /> <br /> 1 —&gt;—<br /> <br /> SWEDEN AND THE BERNE CONVENTION.<br /> <br /> —+—~&lt;&gt;—+ —<br /> <br /> HE following letter from His Majesty’s<br /> Representative in Sweden, sent to the<br /> Foreign Office, has been forwarded to the<br /> <br /> Society of Authors. The Committee have much<br /> pleasure in printing the information.<br /> <br /> STOCKHOLM,<br /> May 20th, 1904.<br /> <br /> My Lorp,—With reference to Sir W. Barring-<br /> ton’s despatch of this series, No. 30 of the 16th of<br /> December last, I have the honour to report that the<br /> Bill framed with a view to enabling the Swedish<br /> Government to adhere to the Copyright Union has<br /> now been voted and will become law on the Ist of<br /> July next.<br /> <br /> According to this Bill paragraph 3 of Chapter I.<br /> and paragraph 14 of Chapter II. of the Law of<br /> August 10th, 1877, respecting copyright in this<br /> country are modified as follows :—<br /> <br /> CHAPTER I. PARAGRAPH 3.<br /> <br /> _“ Literary work which an author publishes<br /> simultaneously in different languages, and the fact<br /> whereof is stated on the title page or first pages of<br /> <br /> the work, shall be considered as having been com-<br /> posed in each of the languages used. No transla-<br /> tion can be made without the author’s consent<br /> within ten years of the publication of the work.” |<br /> <br /> CHAPTER II. PARAGRAPH 14.<br /> <br /> “The rights of authors and translators mentioned<br /> in this chapter hold good during the lifetime and<br /> for three years after their death. If authors or<br /> translators have not put their names to their works<br /> any one can print or perform them five years after<br /> publication.”<br /> <br /> The Bill also contains the following clause :<br /> <br /> “This law enters into force on the 1st of July,<br /> 1904. It affects all literary productions published<br /> previously. ‘Translations which were made before<br /> that date and which have been published in<br /> accordance with the terms of the former law without<br /> the consent of the author may continue to be<br /> published.<br /> <br /> “If anyone, before this law enters into force,<br /> has in accordance with the former law and by per-<br /> mission performed dramatic, musical or musico-<br /> dramatical works, he may continue to do so.”<br /> <br /> Certain formalities will, I understand, have to be<br /> gone through before the adhesion of the Swedish<br /> Government to the Berne Union can take place,<br /> and I could gain no information at the Ministry<br /> for Foreign Affairs as to the probable date when<br /> the matter would be finally settled.<br /> <br /> I have, &amp;c.,<br /> (Signed) F. 8. CLARKE.<br /> Tue Marquess oF LANsDowNE, K.G.,<br /> &amp;e., &amp;¢c., &amp;.<br /> <br /> &lt;&gt;<br /> <br /> THE VALUE OF RELICS AND POETRY.<br /> <br /> —&lt;_e<br /> <br /> N the summer of 1877, at the Albert Memorial<br /> I Hall, some relics of Lord Byron were dis-<br /> played. Among other things were a little<br /> silver watch, a meerschaum pipe, two helmets<br /> which the poet wore in Greece, a drinking glass<br /> given by Byron to his butler, and five pieces of<br /> hair lent by Lady Dorchester, the Rev. H. M.<br /> Robinson, D.D., Mr. John Murray, and Mr. E. J.<br /> Trelawney. It is recorded that the hair was not<br /> of fine texture and was brown mixed with grey.<br /> <br /> The exhibition, I believe, was not a success.<br /> Could it well be otherwise ?<br /> <br /> What profit is there to the mind in such<br /> mementoes of departed greatness ?<br /> <br /> «The poet’s eye ina fine frenzy rolling’’ looked<br /> upon Nature, and ideas were rendered into words.<br /> which are a treasure for all generations. Let the<br /> lover of Byron’s verse imagine—surely imagina-<br /> tion is inherent in those who read and appreciate<br /> 278<br /> <br /> poetry—himself or herself at the Albert Hall in<br /> 1877. The watch, the pipe, two helmets, a drink-<br /> ing glass, and five pieces of hair! They belonged,<br /> at one time, to the poet ; does the sight of these<br /> call forth any pleasurable sensations? I opine it<br /> does not.<br /> <br /> Let the same reader of Byronic stanzas imagine<br /> himself or herself—on the occasion of the usual<br /> autumnal holiday—in sight and within sound of<br /> the rolling waves. Is there not a natural beauty<br /> in the expanse of the wild, wind swept waters ?<br /> Is there not health in the briny breeze? Is there<br /> nothing more ?<br /> <br /> Not much—always, of course, remembering that<br /> health and beauty are two of the most glorious<br /> gifts Nature offers—without the aid of the poet.<br /> But with the words which he penned there is a<br /> charm added to what one looks upon—the charm<br /> of human sympathy, of human thought of no mean<br /> power, ;<br /> <br /> “Roll on thou deep and dark blue ocean.”<br /> <br /> “ Do not the words appeal to us, not so much as<br /> a quotation from a poem, as a reflex of our own<br /> unuttered feeling? And then we will take together<br /> the two fine images or visions which are conjured<br /> up by the following lines :—<br /> “Ten thousand fleets sweep over thee in vain ;<br /> <br /> Man marks the earth with ruin—his control<br /> <br /> Stops with the shore...<br /> <br /> The armaments which thunderstrike the walls<br /> <br /> Of rock-built cities, bidding nations quake,<br /> <br /> And monarchs tremble in their capitals.<br /> <br /> . - . These are thy toys.”<br /> <br /> Surely there is here--to quote Byron in favour<br /> of Byron—-that which :—<br /> <br /> ‘Lends to loneliness delight.”<br /> <br /> The veriest lad of any village school will under-<br /> stand and appreciate the personal element in<br /> this :— .<br /> <br /> *‘ And T have loved thee, ocean! and my joy<br /> Of youthful sports was on thy breast to be<br /> <br /> Borne like thy bubbles onward ; from a boy<br /> I wantoned with thy breakers.”<br /> <br /> Consider now the lounger by the sounding sea<br /> turning away from the shore towards the rooms<br /> he or she occupies. The evening is passing into<br /> night ; the lights of the town are flashing ; the<br /> stars are not yet out; at least not in thronging<br /> multitudes. One parting glance is given at old<br /> ocean, and with that glance the ever-beautiful<br /> word-picture is once again remembered :—<br /> <br /> ‘Thou glorious mirror, where the Almighty’s form<br /> | Glasses itself in tempests ; in all time,<br /> Calm or convulsed—in breeze, or gale, or storm,<br /> icing the pole, or in the torrid clime<br /> Dark heaving, boundless, endless and sublime.<br /> <br /> * * * * *<br /> <br /> Time writes no wrinkle on thine azure brow—<br /> Such as creation’s dawn beheld, thou rollest now.’?<br /> <br /> THE AUTHOR.<br /> <br /> It would be a prosaic mind, indeed, that could<br /> assert Byronic stanzas had not materially heightened<br /> the pleasure of this meditative stroll.<br /> <br /> J. Harris Briguouse,<br /> ae PP<br /> <br /> THE IDEAL PUBLISHER.<br /> <br /> —— 4<br /> A Dream or Farr Traps.<br /> <br /> HE other night I hada curious and unusually<br /> circumstantial dream. I thought I was walk-<br /> ing along a narrow, dingy street which seemed<br /> <br /> to be Paternoster Row at one end and Henrietta<br /> Street at the other. On nearly every door was the<br /> name of a well-known publisher—it was really a<br /> most literary thoroughfare. I had a heavy brown-<br /> paper parcel under my arm which I knew contained<br /> &amp; manuscript ; nevertheless I hurried past the im-<br /> posing buildings, which housed the well-known firms<br /> (my haste may have been partly due to the fact<br /> that I’d had business dealings with most of them)<br /> till I came to a modest-looking frontage at the end<br /> of the street, on the windows of which was the<br /> legend, *‘The Open Books Publishing Company.”<br /> ‘The name aroused my curiosity and I was attracted<br /> by the simplicity of the exterior, having good reason<br /> to distrust “marble halls” in connection with<br /> publishing. ¢t-entered, and instead of being re-<br /> ceived with cold suspicion and studied arrogance<br /> by the clerks in the outer office, 1 was welcomed<br /> with respectful cordiality. ‘“ Yes, Mr. Jay, the<br /> manager, is here; he always is from nine till<br /> six,” said a responsible-looking person. ‘“ He’s<br /> disengaged now.” And I was ushered into the<br /> sanctum in a state of bewilderment, since never<br /> before had I seen a publisher until I had awaited<br /> his pleasure for at least ten minutes in a virulent<br /> draught. Mr. Jay was a young man of “good<br /> appearance,” as the advertisements say, but he<br /> did not attempt to patronise me, nor did he<br /> greet me as a dear old friend. He bowed in a most<br /> business-like manner, and inquired what he could<br /> do for me. I told him that I had a MS. to place,<br /> and that I had been attracted by the title of his<br /> company. Would he please explain what it<br /> meant. :<br /> <br /> “If you have had any experience of literary<br /> business,” he said, “ you will know how essential it<br /> is that confidence should be restored between author<br /> and publisher.” a<br /> <br /> This struck me as an unpromising beginning be-<br /> cause each of the eight distinguished publishers with<br /> whom I had had previous dealings, had put forward<br /> the same platitude ; so I looked my doubts.<br /> <br /> <br /> <br /> <br /> <br /> <br /> S<br /> <br /> ao<br /> <br /> ilstAsaVEIS ORE Caste<br /> <br /> THE AUTHOR.<br /> <br /> “‘ Hitherto,” he continued, ‘‘publishers have<br /> demanded the complete confidence of authors, as<br /> between tried and trusty friends, and any attempt<br /> to conduct the sale of a manuscript on an ordinary<br /> business footing has called forth sentimental<br /> reproaches. Now publishing is the only trade, so<br /> far as I can discover, in which all parties directly<br /> interested are not given equal opportunities of know-<br /> ledge where the conduct of the business is con-<br /> cerned. No trustful sentiment is demanded from<br /> persons with a claim to a share in the profits of<br /> other commercial enterprises, but the books are<br /> examined and passed by chartered accountants.”<br /> <br /> ‘*The fact that authors don’t usually risk any<br /> money in the business is supposed to make. a<br /> difference,” I said.<br /> <br /> “ But the author of a book is in precisely the same<br /> position, commercially speaking, as the author of a<br /> play,” he replied. ‘And in every properly-con-<br /> ducted theatre the accountants go in on Saturday<br /> nights to examine the books, and each week the<br /> persons with a claim to a percentage of the profits<br /> —there are often several involved—receive their<br /> share, as vouched for by the accountants. When I<br /> started this business, I determined to run it on<br /> ordinary commercial lines, and to throw overboard<br /> all the publishing shibboleths and conventions—<br /> otherwise tricks of the book trade. I could not<br /> stand being alweys under suspicion, and for my own<br /> sake I have my books periodically inspected by a<br /> firm of chartered accountants recommended by the<br /> Society of Authors. I pay half the expense myself,<br /> and the remaining half is distributed among my<br /> authors.”<br /> <br /> «That sounds satisfactory,” I said, “as long as<br /> one can trust to the books being correctly kept.<br /> But, of course, mistakes might creep in.”<br /> <br /> “JT have arranged for another safeguard,” he<br /> proceeded. “I have often heard writers complain<br /> that they have no means of knowing how many<br /> copies of their books have been sold. Accordingly<br /> I have borrowed an idea from the music-trade, and<br /> I have each copy of an edition stamped with a<br /> number. I also invite authors to visit my ware-<br /> house at stated times in order that they may see for<br /> themselves how many copies of their books remain<br /> on hand.”<br /> <br /> “But how about the American market ?” I<br /> inquired, for my distrust was too deep-rooted to be<br /> easily allayed. ‘‘ You publishers usually take fifty<br /> per cent. of the profits on an American edition, and<br /> you never seem able to dispose of the copyright.<br /> You send out so many hundred copies in sheets,<br /> and the profits are amazingly small.”<br /> <br /> “ Not amazingly swall,” hecorrected. “Ifyou<br /> remember that most English publishers are openly<br /> or secretly in partnership with a firm on the other<br /> side. They tell you, don’t they, that the American<br /> <br /> 279<br /> <br /> publisher will only give a nominal price per copy,<br /> hardly enough to cover expenses ie -<br /> <br /> “Yes,” I exclaimed. “ And I often see that a<br /> book is selling well in the States at four or five<br /> times the price nominally paid for it to the English<br /> publisher, while the author’s total profits amount<br /> to something like ten pounds. I have often asked<br /> for items of the American sales and expenses, but<br /> have always been refused.”<br /> <br /> “Exactly,” he returned, with an air of satisfaction,<br /> “and you naturally suspect that the actual profits<br /> on the transaction are divided between the English<br /> and American partners. The direct result of this<br /> wide-spread suspicion has been the rise of the<br /> literary agent, who is content with ten per cent.<br /> of the American profits. It is bad policy to<br /> starve or frighten away the goose that lays the<br /> golden eggs. Now I’m offering to arrange for<br /> the publication of my authors’ books in America<br /> for the same percentage charged by agents—ten<br /> per cent. I shall probably extend this system to<br /> Indian and Colonial editions.”<br /> <br /> “JT have heard it stated,” I observed, ‘that,<br /> owing to the immense competition in the publish-<br /> ing trade, it is impossible to make the business<br /> pay on straightforward commercial lines—that is,<br /> without secret profits.”<br /> <br /> «That is absurd,” he returned. ‘I’m convinced<br /> that publishers lose money every year owing to<br /> their system of keeping authors in the dark. For<br /> example, certain methods of publishing have fallen<br /> into absolute discredit—I mean publishing on com-<br /> mission, and on the half-profits system. There are<br /> plenty of writers who would be willing to publish<br /> works dealing with specialised subjects on commis-<br /> sion, if they could be certain of straightforward<br /> treatment. Again, many young euthors would<br /> sign a half-profits agreement if they knew that the<br /> balance-sheets would be passed by a qualified<br /> accountant. For a young publisher without<br /> much capital, who is anxious to build up a<br /> business, these two methods of publishing offer<br /> modest profits with the minimum of risk.”<br /> <br /> “Are you introducing any other new methods<br /> into the publishing trade?” I asked.<br /> <br /> “Yes. I render accounts half-yearly in the old<br /> way ; but I pay my authors one month, instead of<br /> four or six months, later. Then, so far as the<br /> author is concerned, I don’t count thirteen copies<br /> as twelve, because that is an arrangement made<br /> between publishers and booksellers for their own<br /> (supposed) convenience, and the author has never<br /> been consulted in the matter. Then I’ve got<br /> several new ideas on the subject of advertising—<br /> there is a lot of money spent on the advertising of<br /> books in England, with very poor results. Also,<br /> I’ve patented a new detachable cover, which I<br /> propose to use for copies supplied to circulating<br /> <br /> <br /> <br /> <br /> 280<br /> <br /> <br /> <br /> libraries. The cost is very small, and it can be<br /> replaced as soon as it gets soiled or damaged,<br /> Again % :<br /> <br /> At this point he was interrupted by a rapping at<br /> the door. I was just about to hand him my manu-<br /> script, and ask if he would undertake its publica-<br /> tion, when a voice in my ear said :<br /> <br /> “Right o’clock, and [ve turned on the water in<br /> the bath-room.”<br /> <br /> I awoke with a start, and realised to my bitter<br /> disappointment that the Open Books Publishing<br /> Company was only a dream.<br /> <br /> But why shouldn’t it be a reality ?<br /> <br /> <br /> <br /> E. M.S:<br /> <br /> a<br /> <br /> ~~<br /> <br /> <br /> <br /> “FATTY DEGENERATION OF THE SOUL.”<br /> —1 +<br /> SUPPOSE there is something in a habit of<br /> | silence that encourages people to make those<br /> who wear it the recipients of their confi-<br /> dence. That habit, at all events, is one of mine,<br /> and upon no other hypothesis can I explain the<br /> fact that I am entrusted with what I think must be<br /> an unusual amount of early intelligence of what<br /> my friends are doing and planning in the shape of<br /> literature. Sometimes I attribute it, with a feeling<br /> of humility, to the probability that it never occurs<br /> to them to regard me as a possible competitor with<br /> themselves: they know I am keenly interested in<br /> literature in general and their owncontributions toit<br /> in particular, but they regard me as too , L do<br /> not know precisely what, but something unflattering<br /> to my vanity, to be afraid to unbosom themselves<br /> to me. Whatever the reason may be, I am, at one<br /> time and another, given glimpses into the inner<br /> self of some of my friends which I cannot believe<br /> they permit to many others. All of these glimpses<br /> furnish me with material for thought; some of<br /> them are amusing ; some of them are sad ; for the<br /> imaginative man, if frequently vain, is always<br /> sensitive, and the road up Parnassus is girt about<br /> with thorns.<br /> <br /> One such glimpse was permitted me a night or<br /> two ago. A young fellow of my acquaintance<br /> whom I had invited to dine with me, made a<br /> mistake in the date, with the result that he had<br /> myself .as entire audience. I discharged my<br /> functions so successfully that from being merely<br /> garrulously agreeable he became gravely con-<br /> fidential.<br /> <br /> Our talk had turned upon the income to be<br /> derived from literature as distinct from journalism,<br /> and I quoted the substance of a passage in ‘“ The<br /> Private Papers of Henry Ryecroft,” which, by the<br /> <br /> THE AUTHOR.<br /> <br /> way, my friend had never read, where N—, a<br /> representative of the best and brightest side of<br /> literary success, informs his host that in the<br /> twelve months just concluded he has earned two<br /> thousand pounds. My guest, I should premise, is<br /> a particularly glossy youth, always, as he would<br /> phrase it, very well groomed, and J, knowin<br /> nothing of his private affairs had always suppose<br /> him to be the recipient of a handsome allowance<br /> from his father who is a drysalter in a large way of<br /> business.<br /> <br /> My guest was interested.<br /> <br /> “J don’t know who N— may be,” he remarked,<br /> “but that is pretty good hunting.” For a moment<br /> he seemed a trifle envious, but then added hope-<br /> fully : “Still, I ought to makeas much soon. I’ve<br /> made over nine hundred this year, and it is not<br /> ended yet.”<br /> <br /> I was amazed. I knew that he was what<br /> another friend of mine terms “a writing cove,”<br /> but that is a vague term which might cover<br /> anything from a professional addresser of enve-<br /> lopes to a leader-writer on the Z%mes, neither of<br /> whom, I imagine, would earn so much. I fear,<br /> too, that my opinion of him was enhanced : ‘‘ fear,”<br /> becanse one’s estimation of a man should not be<br /> affected by his income.<br /> <br /> “Do you do much journalism ?” I enquired.<br /> <br /> “Oh! no,” he answéred ; it is all from fiction.”<br /> <br /> I cast my mind back over a considerable period<br /> of time, but could not recall a single book bearing<br /> his name ; then at the risk of seeming ignorant or<br /> discourteous, I said so, hazarding an enquiry as to<br /> whether he used a pseudonym. :<br /> <br /> “‘ Several,” he replied, “‘ but I write over my own<br /> name too. It depends on how many stories I have<br /> running simultaneously.”<br /> <br /> Again I was amazed, for this was a revelation of<br /> fecundity undreamed of by me. Then he explained<br /> that he wrote serial stories for newspapers.<br /> <br /> “J am writing three now,” he said quite simply.<br /> <br /> “Not writing them simultaneously ?” I pro-<br /> tested.<br /> <br /> “ Certainly,” he answered ; “but they are all for<br /> weekly papers: five thousand words a week each,<br /> and I send in the copy three weeks in advance.<br /> It’s a bit of a teazer sometimes when you&#039;re<br /> writing for a daily.”<br /> <br /> I supposed it might be.<br /> <br /> ‘“« What papers do you write for?” was my next<br /> question.<br /> <br /> He named three, of not one of which had I ever<br /> heard before.<br /> <br /> ‘« And how long are the stories ?” I asked.<br /> <br /> “That depends on how they go down with the<br /> readers,” he said. ‘I go on just as long as they<br /> are keen, and bombard the editors with corre-<br /> spondence about the yarn.”<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> “So you don’t work out the whole thing<br /> according to your own ideas, and simply publish<br /> a finished story in instalments ?”<br /> <br /> “Oh! no,” he said again. “The editors give<br /> me the tip as to what bits are catching on with<br /> the public, and I work those up for all I am worth.<br /> Sometimes, of course, they send me sensational<br /> pictures to write up to.”<br /> <br /> There was no suggestion of irony in his tone<br /> when he said “of course.”<br /> <br /> “Whether they are @ propos of the story or<br /> not ?” I asked.<br /> <br /> “T make them &amp; propos,” he replied.<br /> <br /> “It is very ingenious of you,” I said weakly; I<br /> could not at the moment think of a happier<br /> phrase ; ‘‘but—forgive me—is not the story a<br /> little—well, spotty, in the event ?”<br /> <br /> “Perhaps it is,” he admitted. “But it’s all<br /> right,” he jerked out suddenly. “The editor’s<br /> happy and the readers are happy, and nine hundred<br /> pounds is nine hundred pounds.”<br /> <br /> T allowed that that was true; but I detected a<br /> look of vague discontent on his clean-shaven face.<br /> <br /> “And are you happy?” I asked with affected<br /> nonchalance.<br /> <br /> It was then I got the glimpse of the inner man<br /> <br /> ‘ which has prompted me to record the conversation.<br /> His own story was sufficiently common-place. His<br /> father, a respectable and successful business man,<br /> had followed the policy, common nowadays, of<br /> giving his sons a public school and university<br /> education, with the result, also common nowadays,<br /> that they deemed themselves too good for the<br /> trade to which they were indebted for their<br /> advantages, and were inclined to disparage the<br /> father who had begotten them. This particular<br /> lad left the university with the smattering of many<br /> things and inadequate knowledge of any one, which<br /> seems so contemptible to men of his father’s kidney,<br /> and after an acrimonious debate flatly refused to<br /> adopt drysaltery, and announced his intention of<br /> embracing literature.<br /> <br /> Perhaps if his father had been inexorable and<br /> had cut off all supplies from this recalcitrant son,<br /> so that he had come to know what it really means<br /> to be cold and hunery, the muses might have<br /> smiled upon him, and his dilettantism might have<br /> been hardened into something enduring ; but his<br /> mother’s heart was infinitely large and his father’s<br /> purse was capacious ; his allowance was diminished,<br /> it-is true, but only so much as to compel him to<br /> burn pipe tobacco instead of cigars before the altar<br /> of the goddess Fame, and he was never placed in<br /> the position of being obliged to write for dear life.<br /> It is the overloaded stomach that causes night-<br /> mare, but I fancy it is the empty one that knows<br /> visions. My young friend in his comfortable little<br /> Gat found time pass not unpleasantly, but at the<br /> <br /> <br /> <br /> 281<br /> <br /> end of the two years which are generally supposed<br /> to enable a man to judge whether or not he has it<br /> in him to attain some measure of success in the<br /> world of letters, he was no further forward than<br /> when he forsook the parental home at Tooting for<br /> the less decorous purlieus of the King’s Road.<br /> <br /> _ Then he was given an opportunity of getting<br /> into this fiction mill, and seizing the chance was<br /> whirled merrily round and round, grinding words<br /> as he went, to which, for whatever reason, he did<br /> not attach his name, and earning an income which,<br /> as I have said, amounted to nine hundred pounds<br /> in a fraction under the last twelve months.<br /> <br /> _His method of work is simple. He dictates<br /> his stories into a phonograph and the records are<br /> transcribed in a typewriting office and sent direct<br /> to the newspapers; thence the stories return to<br /> him in proof, and he corrects the literal mistakes<br /> and keeps a casual look-out for howlers. He has<br /> dozens of stories, of enormous length, cut from the<br /> variegated papers in which they appear and pasted<br /> up in exercise books, and it was the recollection of<br /> these volumes that brought the expression of dis-<br /> content to his face when I asked him if he was<br /> happy. For that is the end of his stories. No<br /> publisher will look at them ; no critic of standing<br /> has ever heard of them; no literary agent thinks<br /> it worth while to accept him as a client; these<br /> last cannot help him in his serial work which,<br /> from time conditions alone, does not allow of<br /> intervention by any third person ; and the reputa-<br /> tion be has made in his particular line has become<br /> an insuperable obstacle to his making any reputa-<br /> tion in literature. He has, in short, committed<br /> the fatal mistake of making the wrong reputation,<br /> to lose which is much more difficult than it is to<br /> make a right one at the outset. The fluidity of<br /> language which enables him to keep pace with his<br /> engagements is incompatible with the nicety of<br /> language necessary to the production of literature ;<br /> he has lost all sense of the values of words in a<br /> calculation of their vaine; his apprehension of a<br /> dramatic idea has been shaken by his passion for a<br /> melodramatic situation. He has discovered that<br /> in doing work of a lower kind in order to earn the<br /> means to live while doing work of a higher, he has<br /> lost the power to do the latter. This last discovery<br /> has, indeed, been tested practically. A publisher<br /> of repute, who lay under some obligation of friend-<br /> ship to the old drysalter, hearing that his friend’s<br /> son was an author, asked him to write a novel;<br /> full of hope, the son complied ; but the taint of<br /> the cheap serial was over it all, and the book was<br /> hopeless; after a second unsuccessful essay the<br /> plan was abandoned by consent. My author,<br /> instead of being fed like a running horse, bas been<br /> fattened, and, to use George Gissing’s pregnant<br /> phrase, heisavictim to fatty degeneration of thesoul.<br /> 282<br /> <br /> Is it an incurable disease? That. is what I<br /> should greatly like to know, for I fancy there are<br /> not a few “ writing-coves” amongst us, to whom<br /> an answer would be fraught with interest.<br /> <br /> Of course I know it is an ancient story. Nearly<br /> a hundred and fifty years ago the suggestion was<br /> put forward, and put forward well, if rather dog-<br /> <br /> matically. Here is the passage ; and if my g euest<br /> of the other night should happen to see this<br /> article, it may amuse him to trace the quotation,<br /> and it will assuredly benefit him to read the little<br /> work in which it appears:<br /> <br /> “The author, when unpatronized by the great, has<br /> naturally recourse to the bookseller. There cannot per-<br /> haps be imagined a combination more prejudicial to taste<br /> than this. It is the interest of the one to allow as little<br /> for writing, as of the other to write as much as possible.<br /> Accordingly tedious compilations and periodical magazines<br /> are the result of their joint endeavours. In these circum-<br /> stances the author bids adieu to fame, writes for bread, and<br /> for that only, imagination is seldom called in. \ He sits<br /> down to address the venal muse with the most phlegmatie<br /> apathy; and, as we are told of the Russian, courts his<br /> mistress by falling asleep in her lap. His reputation never<br /> spreads in a wider circle than that of the trade, who gene-<br /> rally value him, not for the fineness of his compositions, but<br /> the quantity he works off in a given time.<br /> <br /> “ A long habit of writing for “bread thus turns the ambi-<br /> tion of every author at last into avarice. He finds that he<br /> has written many years, that the public are scarcely<br /> acquainted with his name; he despairs of applause, and<br /> turns to profit, which invites him. He finds that money<br /> procures all those advantages, that respect, and that ease<br /> which he vainly expected from fame. Thus the man who,<br /> under the protection of the great, might have done honour<br /> to humanity, when only patronized by the bookseller<br /> becomes a thing little superior to the fellow who works at<br /> the press.”<br /> <br /> A YS.<br /> —————_+—_&gt;—¢<br /> <br /> CIVIL LIST PENSIONS.<br /> <br /> ——&gt;—+—_.<br /> <br /> HE following pensions have been granted<br /> during the year ending March 31, 1904,<br /> under the provisions of the Civil List Act,<br /> <br /> 1901 :—<br /> <br /> Mrs. Anna Johnson Henley £125<br /> In consideration of the literary merits of. her late<br /> - husband, Mr. W. E. Henley, and of her inadequate<br /> means of support.<br /> <br /> Sir William Laird Clowes :<br /> In recognition of his services to naval literature.<br /> <br /> Mrs. Charlotte Michael Stopes ..<br /> In consideration of her literary work, and of her<br /> straitened circumstances.<br /> <br /> Mrs. Mary Gertrude Henderson<br /> In consideration of the distinguished services of<br /> her late husband, Lieutenant- Colonel G. F.C.<br /> Henderson, C.B.<br /> <br /> Maria, Lady Gilbert<br /> In recognition of the services of her ‘late hasband,<br /> Sir Henry Gilbert.<br /> <br /> 100<br /> <br /> THE AUTHOR.<br /> <br /> Mrs. Lucy Allen ...<br /> In recognition of the services of her late husband,<br /> Mr. R. W. Roberts, Master, R.N., in connection with<br /> the disembarkation of troops during the Crimean<br /> War.<br /> <br /> Mrs. Sarah Elizabeth May<br /> In recognition of the artistic merits of ‘her late<br /> husband, Mr. Phil May, and of her straitened<br /> circumstances.<br /> <br /> Emma, Lady Fitch<br /> In consideration of the ser vices of her late busband,<br /> and of her straitened circumstances.<br /> <br /> John Wesley Hales S<br /> In consideration of his services to English literature,<br /> <br /> Miss Henrietta Keddie ...<br /> In consideration of her services to literature, and ‘of<br /> her straitened circumstances,<br /> <br /> Leonard Gissing and Alfred Gissing ...<br /> In consideration of the services to literature of their<br /> late father, and of their straitened circumstances.<br /> <br /> Alfred Theobald Palmer.. ;<br /> In consideration of his services to history.<br /> <br /> Mrs. Edith Louisa Stopford Porson<br /> In consideration of the services rendered to astrono-<br /> mical science by her late husband.<br /> <br /> Frances Elizabeth Dobson<br /> <br /> Mary Dobson<br /> <br /> Julie Dobson A<br /> In recognition of the s services rendered to zoological<br /> science “by their late brother, Sur. ‘geon-Major George<br /> Edward Dobson.<br /> <br /> CORRESPONDENCE.<br /> <br /> —_1+—~&lt; +<br /> CRITIC AND PUBLISHER.<br /> <br /> Srr,—Last autumn Messrs. Harper and Bros.<br /> published Vol. III. of my ‘“ History of the German<br /> Struggle for Liberty,” a work which is mapped<br /> with a view to making six volumes.<br /> <br /> Many honest critics hold me responsible because<br /> my publishers have published this volume without<br /> an index. They also note with just surprise that<br /> the book pretends to be complete in three volumes.<br /> Also, they note that the illustrations are not in<br /> harmony with the character of the work.<br /> <br /> So far I have passed the matter over in silence.<br /> Now, however, it may be of service to my fellow<br /> victims to enquire if a law cannot be framed to<br /> protect us in the future. I was not consulted in<br /> regard to my book either as to illustrations, title<br /> page, or index. The publishers had no excuse for<br /> their conduct save the stereotyped one, against<br /> which I am protesting—to wit, that they know<br /> best what is good for a book.<br /> <br /> Would it not be fair to the author if the pub-<br /> lisher warned the reader, and especially the book<br /> reviewer, whenever he has seen fit to print a page<br /> or picture without the knowledge or consent of<br /> the author? I have literary sins of my own in<br /> abundance, and I object to carrying any for<br /> publishers, however scholarly they may be.<br /> <br /> Pouttney BiGELow.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR. 283<br /> <br /> EXETER ENGLISH.<br /> <br /> I.<br /> <br /> Str,—Almost all writers, whatever their emi-<br /> mence, are guilty of solecisms and bad grammar, but<br /> this does not justify the deliberate perpetuation of<br /> <br /> ‘such errors by inscription of them in public places.<br /> <br /> Numbers of good authors are extremely hazy about<br /> the difference between the perfects and participles<br /> of tie and lay, but “laid awake”’ or “ there let him<br /> Jay,” would not look well in Exeter or any other<br /> cathedral. “ Destruction and happiness is in their<br /> ways” may be good old English, as ‘et Venus et<br /> puer risit ” would be capital Horatian Latin, but<br /> a plural subject with a singular verb is now merely<br /> a sign of slovenly writing, just as ‘‘to try and do”<br /> is a mistake, though countenanced by Demosthenes,<br /> and a plural verb with the disjunctive “neither ”—<br /> “nor,”’ as, for instance, “neither he nor his brother<br /> are coming” is wrong, whoever uses it.<br /> Your obedient servant,<br /> REGINALD HAINES.<br /> <br /> —— +9<br /> <br /> Il.<br /> <br /> Smr,—Perhaps it may be of interest to quote<br /> the opinion of some of the greatest of modern<br /> French writers on the question of using a plural<br /> verb with a singular subject having a tail tacked<br /> on to it by means of the preposition “ with.”<br /> <br /> On the 31st of July, 1900, M. Leygues, then<br /> Minister of Public Instruction, issued some new<br /> “rules” (or rather “tolerations”) for French<br /> Grammar. Amongst them the following appeared ;<br /> “On tolérera toujours le verbe au pluriel dans : Le<br /> général avec quelques officiers sont sortis (ou est<br /> sorti) du camp.”<br /> <br /> _ The Académie appointed a committee to con-<br /> sider these new rules, consisting of such men as<br /> Henry Houssaye, Gaston Boissier, Hervieu, Gaston<br /> Paris, Mezieres, Gréard Brunetiére, Coppée, de<br /> Vogué, Jules Lemaitre, de Héredia, Gabriel<br /> Hanotaux. ‘he criticisms made by this committee<br /> were adopted by the Académie.<br /> <br /> ‘I&#039;he remark made on the above rule was: “ Dans<br /> exemple ; le général avec quelques officiers sont<br /> sortis (ou est sorti) du camp, le mot avec n’étant<br /> pas un adverb d’énumération, mais une préposition,<br /> le pluriel est irrégulier.”<br /> <br /> __ Surely this is the only logical conclusion. Even<br /> if good writers have used a plural verb in a fit of<br /> absentmindedness, there is no reason why we<br /> should imitate them in their faults.<br /> <br /> Yours truly,<br /> G. H. CLARKE.<br /> <br /> Dovus.e Tires or Books.<br /> <br /> Smr,—I wish to draw attention to a curious<br /> phenomenon of modern date. I remember a time<br /> when every book was reviewed under the title<br /> which the author gave it. But a fashion has since<br /> arisen whereby the reviewer is ashamed of quoting<br /> such a title, because he prefers to show his ability<br /> in improving upon it. As this fashion is fast<br /> becoming universal, I think I am doing no harm in<br /> quoting two examples from the June number of<br /> Lhe Author, At p. 237, a book entitled “&#039;The<br /> Making of English” is reviewed under the title<br /> “English in the Making”; and another book<br /> entitled ‘‘Stones from a Glass House,” is reviewed<br /> under the title of “ A Round Stone or Two.”<br /> <br /> There is a great practical inconvenience about<br /> this custom. The unreal and secondary title is<br /> the one under which the review is quoted in the<br /> “Contents” and in the “Index.” Consequently<br /> the author or other student who wishes to consult<br /> the review is denied any help which an index may<br /> afford him. And no author has now the oppor-<br /> tunity of ascertaining that a review of his book<br /> has appeared in a given journal. I venture to<br /> think that this is undesirable and inconvenient in<br /> a very high degree.<br /> <br /> T am unable to understand the underlying prin-<br /> ciple. Ifa title has been deliberately chosen by<br /> an author, why should it be deliberately neglected,<br /> to the confasion of all to whom an index is<br /> supposed to be helpful? Surely this is not busi-<br /> ness, but something more nearly approaching to<br /> a thoughtless indifference to the wants of a serious<br /> student.<br /> <br /> On the other hand, the custom proves that<br /> authors are wholly wrong in complaining of the<br /> difficulty of finding good titles. For whatever<br /> titlean author may select, it can always be bettered<br /> (at any rate in the estimation of a competent<br /> critic, for they are all competent) by an alternative<br /> arrangement. Why do not authors compile lists of<br /> alternative titles from old journals? Ifa book is<br /> reviewed in six journals, it obtains six alternative<br /> titles, all of them (by the nature of the case) better<br /> than the original! Surely this is a phenomenon<br /> <br /> worthy of attention. :<br /> Water W. SKEAT.<br /> <br /> —_— st<br /> <br /> LIQUIDATION IN THE UNITED STATES.<br /> <br /> Str,—The following may serve as a warning.<br /> In December, 1902, I received a notice from a firm<br /> of lawyers in Boston that an assessment was to be<br /> made of the affairs of an American journal to<br /> which I had contributed for thirty-two years. I<br /> agreed to the winding up of the company—all the<br /> creditors being asked to do so.<br /> 284<br /> <br /> Time went on and I received no information.<br /> Last summer a friend wrote to some one in Boston<br /> to enquire into the case on my behalf. He was<br /> informed that all creditors had been paid 10 per<br /> cent. except the foreign contributors “as their<br /> accounts did not agree with those of the company.”<br /> My account was £24—in the company’s books it<br /> was £17. The head of the firm said he had<br /> 8 dollars odd in my name, which he would send<br /> over as soon as he had enquired into the dis-<br /> crepancy.<br /> <br /> I wrote in October to the effect that I desired<br /> payment of the 8 dollars held by him.<br /> <br /> No answer has been sent, and I have written<br /> three or four times. In my last letter I said if<br /> they did not send me the amount by return, I<br /> should make the matter public in 7e Author, with<br /> your permission.<br /> <br /> Surely it is strange that the foreign contributors<br /> (an Italian and myself—possibly more) should all<br /> have made mistakes in their accounts, and that<br /> they alone amongst the creditors are not paid !<br /> <br /> Yours faithfully,<br /> 8. B.<br /> <br /> ~~<br /> <br /> ANCIENT Sirtver Bouquet Houpers.<br /> <br /> Dear Srtr,—Can any of your readers, or members<br /> of the Incorporated Society of Authors, give me<br /> any information upon the subject of ‘Ancient<br /> Silver Bouquet Holders,” or refer me to any work<br /> treating of such articles ?<br /> <br /> Yours truly,<br /> W. J. Hassan.<br /> <br /> Stretton-on-Dunsmore, Rugby,<br /> <br /> June 13th, 1904.<br /> <br /> 1s<br /> <br /> AutHors’ AGENTS.<br /> <br /> Srr,—I have read with much interest the various<br /> insertions in Zhe Author on “ Authors’ Agents,”<br /> and the “ Rights of Authors.”<br /> <br /> My view is that a great many of the troubles of<br /> authors, and the small sums they obtain for their<br /> works, really arise from the great ignorance of<br /> the authors themselves. They know s0 little about<br /> the business side of getting out a book.<br /> <br /> I would advise all authors to study to some<br /> extent :—(1) The law of contracts ; (2) the law of<br /> copyright (including International copyright) also<br /> the Berne Convention ; (3) the cost of production<br /> of books, paper, printing, moulds, stereotypes, etc. ;<br /> (4) and last but not least the management of<br /> accounts (including bookkeeping by double entry).<br /> <br /> Accounts sent in by publishers are frequently<br /> most bewildering, and require a trained accountant<br /> with access to the publishers’ books to understand.<br /> <br /> Added to above it is useful to know the law of<br /> <br /> THE AUTHOR.<br /> <br /> accountancy, or .rather the law as it affects<br /> accountants,<br /> <br /> A man who knows nothing about the art of<br /> driving horses is not likely to succeed in driving<br /> well at his first or second attempt, nor will he be<br /> able to do so till he has really learnt his business.<br /> And so it is also with the author and book<br /> production.<br /> <br /> The reader may possibly get frightened at what<br /> T have said, and think to himself, “I have so much<br /> to learn.” But he need not be scared at what I<br /> have advanced. The secretary of the society will<br /> no doubt put him in the way of suitable books to<br /> read on the various subjects I have named, and<br /> armed with the knowledge obtained from these<br /> books the author will be able to contend against<br /> imposition, over charges, and secret profits, all of<br /> which are more or less attempted to the injury of<br /> the unbusiness, unskilful author. —<br /> <br /> All the tricks practised in the past for the pur-<br /> pose of imposing on the author have been brought<br /> about by the dense agnorance of the author himself,<br /> and many will say he deserved it, for if he will not<br /> look after, and learn what so closely concerns him-<br /> self, he must needs suffer, nor is the world as yet<br /> so fair a planet that the well-informed will teach the<br /> lazy as against the material interests of the former.<br /> <br /> On the other hand, much as to the art of publish-<br /> ing has been kept dark, which art is now more fully<br /> known.<br /> <br /> Why should not authors rouse themselves, and<br /> let them remember that “God helps those who.<br /> help themselves.” A few words I should like to<br /> add as to the great usefulness of the Authors’<br /> Society. To myself it would appear that all literary<br /> men, whether novelists, dramatic writers, poets,<br /> historians, or musical writers, should do all in<br /> their power to uphold the Society, and by carefully<br /> reading the monthly publication of the Society (The<br /> Author), the most unlearned will more easily learn<br /> the art of publishing, and the knowledge he will<br /> thus attain will be invaluable to him.<br /> <br /> Publishing has distinctly entered on a new era,<br /> and the sooner authors learn this truth it will be<br /> the better for them and for all concerned,<br /> <br /> Messrs. Sprigg, Pedrick &amp; Co., Limited, write<br /> learnedly about authors’ agents. They say: ‘He,<br /> the author, should never entrust his work to an<br /> agent unless he is confident in the first place that<br /> the man he employs conducts his general business.<br /> with an entire absence of favouritism.”<br /> <br /> Alas for authors’ agents if I read the late Sir<br /> Walter Besant aright. There appeared to him at<br /> the time he wrote that there were but two agents.<br /> he could recommend. And authors who know<br /> their business can tell pretty correctly who those<br /> two agents were.<br /> <br /> A<br /> <br /> SENEX.https://historysoa.com/files/original/5/495/1904-07-01-The-Author-14-10.pdfpublications, The Author